SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Bonfield |
Citation: | [2021] ACTSC 362 |
Hearing Date: | 17 December 2021 |
DecisionDate: | 22 December 2021 |
Before: | Refshauge AJ |
Decision: | 1. Ty Bonfield be convicted of endangering the health of his then partner by choking, suffocating or strangling her and sentenced to 14 months imprisonment, commencing on 20 December 2021 and expiring on 19 February 2023. 2. Ty Bonfield be convicted of assault occasioning actual bodily harm and sentenced to six months imprisonment, commencing on 20 November 2022 and expiring on 19 May 2023. 3. Ty Bonfield be convicted of the second offence of assault occasioning actual bodily harm and sentenced to ten months imprisonment, commencing on 20 December 2022 and expiring on 19 October 2023. 4. Ty Bonfield be convicted of damaging property and sentenced to six months imprisonment, to commence on 20 June 2023 and end on 19 December 2023. 5. Ty Bonfield be convicted of assaulting his ex-partner on 1 December 2020 and sentenced to six months imprisonment, to commence on 20 October 2023 and end on 19 April 2024. 6. Ty Bonfield be convicted of assaulting his daughter on 1 December 2020 and sentenced two months imprisonment, to commence on 20 April 2024 and end on 19 June 2024. 7. Ty Bonfield be convicted of assault occasioning actual bodily harm on 1 December 2020 and sentenced to 10 months imprisonment, to commence on 20 April 2024 and end on 19 February 2025. 8. Ty Bonfield be convicted of driving with a prescribed concentration of alcohol in his blood, being level 2, as a repeat offender and fined $600 with two years to pay. Ty Bonfield be disqualified from holding a driver licence for four months, to commence today and end on 21 April 2022. 9. Ty Bonfield be convicted of driving with the prescribed concentration of alcohol in his blood, being level 3, as a repeat offender and sentenced to two months imprisonment, to commence on 20 February 2025 and end on 19 April 2025. Ty Bonfield be disqualified from holding a driver licence for eight months, to commence on 22 April 2022 and end on 21 December 2022. 10. Ty Bonfield be convicted of driving while he his right to drive was suspended by the immediate suspension notice and fined $1,000, with two years from today to pay. 11. Ty Bonfield be convicted of damaging property and sentenced to eight months imprisonment, to commence on 20 February 2025 and end on 19 October 2025. 12. Ty Bonfield be convicted of using an unregistered motor vehicle and fined $250 with two years to pay, from 22 December 2021. 13. Ty Bonfield be convicted of using an uninsured motor vehicle and fined $300 with two years to pay, from 22 December 2021. 14. The Good Behaviour Order entered on 7 August 2021 be cancelled and the conviction for common assault on 10 April 2018 be confirmed. Ty Bonfield be sentenced to a Good Behaviour Order for 12… |
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- AGLC
- R v Bonfield [2021] ACTSC 362
- Case
- [2021] ACTSC 362
- Decision Date
CaseChat Overview and Summary
The primary legal issues the court had to address were the appropriate sentences for each offence and the need for any special orders, such as a Good Behaviour Order or a Drug and Alcohol Treatment Order. The court considered the principles of sentencing for each offence, the need for deterrence and rehabilitation, and the impact of the offences on the victims. The court also had to determine whether to cancel a previously issued Good Behaviour Order and whether to impose a new one, as well as whether a Drug and Alcohol Treatment Order was warranted given the nature of the offences and the defendant's history of substance abuse.
The court, in delivering its judgment, found that Bonfield's actions were indicative of a pattern of violent and dangerous behaviour, particularly in the context of family violence. The court emphasised the need for both punishment and rehabilitation, resulting in significant custodial sentences for the most serious offences. The court also determined that cancelling the existing Good Behaviour Order and imposing a new one, along with a comprehensive Drug and Alcohol Treatment Order, was necessary to address the underlying issues contributing to Bonfield's criminal behaviour and to protect the community. The court imposed sentences that reflected the gravity of the offences, with specific terms and conditions designed to ensure Bonfield's rehabilitation and compliance with the law.
The final orders included convictions for multiple offences with corresponding sentences and fines, cancellation of the existing Good Behaviour Order, imposition of a new Good Behaviour Order, and a Drug and Alcohol Treatment Order with detailed conditions for treatment, supervision, and compliance. The court also imposed conditions on Bonfield's driver's licence and required him to sign an undertaking to comply with his Good Behaviour obligations after the treatment order ended. The orders were designed to ensure Bonfield's rehabilitation, prevent reoffending, and protect the community from further harm.
Orders
Orders of the court
1. Ty Bonfield be convicted of endangering the health of his then partner by choking, suffocating or strangling her and sentenced to 14 months imprisonment, commencing on 20 December 2021 and expiring on 19 February 2023.
2. Ty Bonfield be convicted of assault occasioning actual bodily harm and sentenced to six months imprisonment, commencing on 20 November 2022 and expiring on 19 May 2023.
3. Ty Bonfield be convicted of the second offence of assault occasioning actual bodily harm and sentenced to ten months imprisonment, commencing on 20 December 2022 and expiring on 19 October 2023.
4. Ty Bonfield be convicted of damaging property and sentenced to six months imprisonment, to commence on 20 June 2023 and end on 19 December 2023.
5. Ty Bonfield be convicted of assaulting his ex-partner on 1 December 2020 and sentenced to six months imprisonment, to commence on 20 October 2023 and end on 19 April 2024.
6. Ty Bonfield be convicted of assaulting his daughter on 1 December 2020 and sentenced two months imprisonment, to commence on 20 April 2024 and end on 19 June 2024.
7. Ty Bonfield be convicted of assault occasioning actual bodily harm on 1 December 2020 and sentenced to 10 months imprisonment, to commence on 20 April 2024 and end on 19 February 2025.
8. Ty Bonfield be convicted of driving with a prescribed concentration of alcohol in his blood, being level 2, as a repeat offender and fined $600 with two years to pay. Ty Bonfield be disqualified from holding a driver licence for four months, to commence today and end on 21 April 2022.
9. Ty Bonfield be convicted of driving with the prescribed concentration of alcohol in his blood, being level 3, as a repeat offender and sentenced to two months imprisonment, to commence on 20 February 2025 and end on 19 April 2025. Ty Bonfield be disqualified from holding a driver licence for eight months, to commence on 22 April 2022 and end on 21 December 2022.
10. Ty Bonfield be convicted of driving while he his right to drive was suspended by the immediate suspension notice and fined $1,000, with two years from today to pay.
11. Ty Bonfield be convicted of damaging property and sentenced to eight months imprisonment, to commence on 20 February 2025 and end on 19 October 2025.
12. Ty Bonfield be convicted of using an unregistered motor vehicle and fined $250 with two years to pay, from 22 December 2021.
13. Ty Bonfield be convicted of using an uninsured motor vehicle and fined $300 with two years to pay, from 22 December 2021.
14. The Good Behaviour Order entered on 7 August 2021 be cancelled and the conviction for common assault on 10 April 2018 be confirmed. Ty Bonfield be sentenced to a Good Behaviour Order for 12 months from today, 22 December 2021, to 21 December 2022.
15. A Drug and Alcohol Treatment Order under s 12A of the Crimes (Sentencing) Act 2005 (ACT) be made for Ty Bonfield for two years from today, commencing on 22 December 2021 and ending on 21 December 2022, in respect of the primary offence of endangering health by choking, of which he has been convicted and for which he has been sentenced to 14 months imprisonment.
16. That Order be extended to the offences of assault occasioning actual bodily harm, three offences of damaging property, two offences of common assault, and two offences of driving with the prescribed concentration of alcohol as a level 2 and 3 offender, of which Ty Bonfield has been convicted and for which he has been sentenced, and which are associated offences of the primary offence.
17. It be noted that convictions for the primary offence and the associated offences have been recorded and that sentences have been imposed for each of them, which convictions and sentences be hereby incorporated into the Drug and Alcohol Treatment Order in the custodial part of the Order.
18. The custodial part of the Drug and Alcohol Treatment Order for the primary and associated offences is hereby suspended under s 80W of the Crimes (Sentencing) Act 2005 (ACT) from 20 December 2021 to 19 October 2025.
19. Under s 80ZA of the Crimes (Sentencing) Act 2005 (ACT), Ty Bonfield be required to sign an undertaking to comply with the offender's Good Behaviour obligations under s 85 of the Crimes (Sentence Administration) Act 2005 (ACT) from the day after the end of the Drug and Alcohol Treatment Order, 22 December 2023, until the end of the total sentence, 19 October 2025, with a probation condition that he accept the supervision of the Commissioner of ACT Corrective Services or his delegate for the period of that undertaking or such lesser period as the person supervising him considers appropriate and obey all reasonable directions of the person supervising him, including as to urinalysis, counselling and treatment.
20. For the treatment and supervision part of the Drug and Alcohol Treatment Order:
(1) The core conditions of the Order set out in s 80Y of the Crimes (Sentence Administration) Act 2005 (ACT) be hereby imposed;
(2) Ty Bonfield undertake all programs, treatment or counselling, urinalysis or case management that may be required by any member of the Treatment and Supervision Team and obey all reasonable directions of any member of that Team about where he resides, with whom he associates and his attendance from time to time;
(3) Ty Bonfield undertake a program at EveryMan for perpetrators of family violence as directed by any member of the Treatment and Supervision Team and, if appropriate, in the opinion of a member of the Treatment and Supervision Team, an assessment for the Ready for Change program of the Domestic Violence Crisis Service, and if found suitable, complete that program; and
(4) Ty Bonfield comply with any directions of the Court from time to time about attendance at Court in person or by electronic means.
21. Ty Bonfield be directed to appear in person in Court on Friday, 24 December 2021 at 11:00am.
22. Ty Bonfield be directed to attend the Court Registry before he leaves the Court precinct to sign a sealed copy of this Order and an undertaking to comply with the Order and any obligations under the Crimes (Sentence Administration) Act 2005 (ACT) for the period that this order is in force.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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