R v Burch
[2014] ACTSC 293
•23 October 2014
SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Burch |
Citation: | [2014] ACTSC 293 |
Hearing Dates: | 9 April 2014, 23 October 2014 |
DecisionDate: | 23 October 2014 |
Before: | Burns J |
Decision: | See [6] |
Category: | Sentence |
Catchwords: | CRIMINAL LAW – Particular Offences – aggravated robbery – deferred sentence order – sentence |
Parties: | The Queen (Crown) Lloyd Edwin Burch (Offender) |
Representation: | Counsel Ms Saikal (Crown) Mr Doig (Offender) |
| Solicitors ACT Director of Public Prosecutions (Crown) Ben Aulich & Associates (Offender) | |
File Number: | SCC 205 of 2013 |
Burns J:
On 9 April this year, I recorded a conviction with respect to one charge of aggravated robbery and imposed a Deferred Sentence Order requiring the prisoner to again appear before this Court for sentence. He was placed on bail with conditions, including:
(a)that he was to reside at a nominated address which was his parents’ address;
(b)that he was to abstain from the consumption of alcohol and illicit substances;
(c)that he was to accept the supervision of ACT Adult Corrections and to obey all lawful directions of officers of that service, including any directions to attend counselling or treatment for substance abuse or mental health issues;
(d)that he was to undergo random urinalysis as directed by Corrective Services;
(e)that he was to provide a sample of his breath when requested by members of the police; and
(f)that he was not to approach within 100 metres of the Ali Baba restaurant in Phillip in the Australian Capital Territory (ACT), where the offence occurred.
The material which has now been placed before me demonstrates that the prisoner has complied with all of the requirements of the Deferred Sentence Order which I imposed in April. He has indeed gone beyond the requirements of that Order. He has attended Menslink, a charity that supports young men in the ACT, and has participated in a program at schools provided by Menslink in which he has shared his experiences with the deterioration of his life through drug abuse with students at those schools. The material that I have from Menslink speaks of the fact that this has proved to be remarkably effective in getting the message across to the students that have been addressed by the prisoner.
He has also attended Directions ACT in relation to substance abuse. He has ceased drug use, as has been demonstrated by random urinalysis. His parents have noticed a dramatic change in his presentation and his attitude, and I accept they are in the best position to judge that matter. I also note that he is studying and that he plans to complete his electrical apprenticeship and then to undertake an engineering course at university.
It is not often that people who are given an opportunity to demonstrate their willingness to turn their lives around, in the way the prisoner was given an opportunity on this occasion, respond with the same degree of enthusiasm and success as the present prisoner. He must, of course, keep very clearly at the forefront of his mind that this is only the beginning and that he must maintain the commitment which he has demonstrated so far. It is very easy, indeed all too easy, to slip back into old habits. However, I think that I can now have some confidence that the prisoner has turned a corner in his life, to use a cliché which is sometimes misused in these courts, and that it is unlikely that he will reoffend.
When I imposed the Deferred Sentence Order in April this year, I indicated that if the prisoner complied with the terms of the Deferred Sentence Order, then I would impose a sentence of imprisonment to be served either by way of periodic detention or suspended sentence with a community service order or both. The difficulty that arises with following that course at the present time is that recently the prisoner was involved in an accident in which he has suffered two fractured legs. As such, he is no longer considered to be suitable for either periodic detention or for community service. I accept that the work that he has been doing for Menslink forms a type of community service and indeed probably a more useful type of community service than he would otherwise be called upon to perform under a formal community service order. I am told that he intends to continue in that work despite the fact that he is presently significantly incapacitated, and that arrangements have been made for him to attend another school very shortly to continue in that program.
In the circumstances, I intend to proceed by way of a suspended sentence of imprisonment with a good behaviour order. I imposed a conviction with respect to the matter on 9 April 2014, and as such, I will now pass sentence. The prisoner will be sentenced to a term of two years and six months’ imprisonment which is to be wholly suspended, and there will be a Good Behaviour Order for a period of two years from today, with conditions:
(g)first, that he is to accept the supervision of ACT Corrective Services or delegates of that service for a period of two years or such lesser period as deemed appropriate by his supervising officer and he is to comply with all lawful directions of his supervisor for that period;
(h)secondly, he is to provide a sample of his urine for urinalysis as directed by ACT Corrective Services; and
(i)thirdly, he is not to consume alcohol or illicit drugs.
Mr Burch, I have given you an opportunity to avoid having to serve two and a half years in prison. Now, it is up to you whether you make the most of that. You have made a good start. I accept that, but as I said, you must maintain that commitment because it is all too easy to slip back into old habits. Concentrate on your studies and getting ahead in life, and I’m sure you will do well.
| I certify that the preceding seven [7] numbered paragraphs are a true copy of the Reasons for Sentence of his Honour Justice Burns. Associate: Date: 7 November 2014 |
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