R v Cajina

Case [2021] ACTSC 353


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Cajina

Citation:

[2021] ACTSC 353

Hearing Date:

5 November 2021

DecisionDate:

9 November 2021

Before:

Refshauge AJ

Decision:

1.    Jairo Saul Cajina be convicted of threatening to inflict grievous bodily harm and sentenced to six months imprisonment, to commence on 2 August 2021.   

2.    Jairo Saul Cajina be convicted of damaging property and sentenced to two months imprisonment, to commence on 2 January 2022. 

3.    Jairo Saul Cajina be convicted of possessing a knife without reasonable excuse and sentenced to three months imprisonment, to commence on 2 January 2022. 

4.    Jairo Saul Cajina be convicted of possessing a weapon with intent and sentenced to three months imprisonment, to commence on 2 February 2022. 

5.    The sentence of imprisonment be suspended from 9 November 2021 for 18 months.

6. Jairo Saul Cajina 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) for 18 months, from 9 November 2021 until 8 May 2023, with the following conditions:

a.    A probation condition that Jairo Saul Cajina be under the supervision of the Commissioner of ACT Corrective Services or his delegate for the period of the Order, or such lesser period that the person supervising him considers appropriate, and that he obey all reasonable directions of the person supervising him; 

b.    That Jairo Saul Cajina seek residential drug rehabilitation and, if suitable and able to complete it with his partner, admit himself to the program and complete it, but if none is suitable or will not also admit his partner, he engage in other treatment or counselling programs for drug dependency as directed by the person supervising him;

c.     That Jairo Saul Cajina engage with a psychologist in counselling for his mental health as directed by the person supervising him; 

d.    That Jairo Saul Cajina appear in Court on 21 January 2022 at 2:30pm, including, if he is in residential drug rehabilitation, by electronic means, to report on the progress of his drug rehabilitation and psychological counselling. 

7.    Jairo Saul Cajina is directed to attend the Registry before he leaves the Court premises today to sign the Good Behaviour Order.

8.    The Commissioner of ACT Corrective Services is requested to provide a report on the progress of on Jairo Saul Cajina under the Good Behaviour Order to the Court on 21 January 2022. 

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – threatening to inflict grievous bodily harm – damaging property – possessing a knife without reasonable excuse – possessing a weapon with intent – rehabilitation – imprisonment – Good Behaviour Order

Legislation Cited:

Crimes (Sentencing) Act 2005 (ACT) ss 7, 10, 12A, 33, 35, 46C, 46J

Crimes (Sentence Administration) Act 2005 (ACT) s 85
Crimes Act 1900 (ACT) ss 31, 381, 382
Crimes Act 1900 (ACT), as amended by Crimes (Amendment) Act (No 2) 1993 (ACT), s 429
Criminal…

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Details
AGLC
R v Cajina [2021] ACTSC 353
Case
[2021] ACTSC 353
Decision Date

CaseChat Overview and Summary

In the case of R v Cajina, the defendant, Jairo Saul Cajina, faced charges of threatening to inflict grievous bodily harm, damaging property, possessing a knife without reasonable excuse, and possessing a weapon with intent. The trial was held in the ACT Magistrates Court. Cajina was found guilty of all charges and was sentenced to imprisonment with certain conditions and requirements attached.

The court had to decide on the appropriate sentences for each offence and whether the sentences should run concurrently or consecutively. Additionally, the court had to consider the rehabilitation needs of the defendant and how best to address his drug dependency and mental health issues. The court also needed to determine the suitability of a suspended sentence and the imposition of a Good Behaviour Order.

The court determined that Cajina should be sentenced to six months imprisonment for threatening to inflict grievous bodily harm, two months imprisonment for damaging property, three months imprisonment for possessing a knife without reasonable excuse, and three months imprisonment for possessing a weapon with intent. The sentences for the latter three offences were to run concurrently, starting on 2 January 2022. The sentence for threatening to inflict grievous bodily harm was to commence on 2 August 2021. The court suspended the sentence of imprisonment from 9 November 2021 for 18 months. Cajina was required to comply with a Good Behaviour Order, including drug rehabilitation, psychological counselling, and regular reporting to the court and the Commissioner of ACT Corrective Services.

The court issued several orders, including convictions for each offence, sentences of imprisonment with specified commencement dates, suspension of the sentence, imposition of a Good Behaviour Order, and directions for Cajina to sign the order and for the Commissioner to provide a progress report.

Orders

Orders of the court

1. Jairo Saul Cajina be convicted of threatening to inflict grievous bodily harm and sentenced to six months imprisonment, to commence on 2 August 2021.

2. Jairo Saul Cajina be convicted of damaging property and sentenced to two months imprisonment, to commence on 2 January 2022.

3. Jairo Saul Cajina be convicted of possessing a knife without reasonable excuse and sentenced to three months imprisonment, to commence on 2 January 2022.

4. Jairo Saul Cajina be convicted of possessing a weapon with intent and sentenced to three months imprisonment, to commence on 2 February 2022.

5. The sentence of imprisonment be suspended from 9 November 2021 for 18 months.

6. Jairo Saul Cajina 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) for 18 months, from 9 November 2021 until 8 May 2023, with the following conditions:

a. A probation condition that Jairo Saul Cajina be under the supervision of the Commissioner of ACT Corrective Services or his delegate for the period of the Order, or such lesser period that the person supervising him considers appropriate, and that he obey all reasonable directions of the person supervising him;

b. That Jairo Saul Cajina seek residential drug rehabilitation and, if suitable and able to complete it with his partner, admit himself to the program and complete it, but if none is suitable or will not also admit his partner, he engage in other treatment or counselling programs for drug dependency as directed by the person supervising him;

c. That Jairo Saul Cajina engage with a psychologist in counselling for his mental health as directed by the person supervising him;

d. That Jairo Saul Cajina appear in Court on 21 January 2022 at 2:30pm, including, if he is in residential drug rehabilitation, by electronic means, to report on the progress of his drug rehabilitation and psychological counselling.

7. Jairo Saul Cajina is directed to attend the Registry before he leaves the Court premises today to sign the Good Behaviour Order.

8. The Commissioner of ACT Corrective Services is requested to provide a report on the progress of on Jairo Saul Cajina under the Good Behaviour Order to the Court on 21 January 2022.

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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