R v Cajina (No 2)

Case [2022] ACTSC 383

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Cajina (No 2)

Citation: 

[2022] ACTSC 383

Hearing Date: 

15 March 2022

Decision Date: 

15 March 2022

Before:

Refshauge AJ

Decision: 

1.   The Good Behaviour Order made on 9 November 2021 be cancelled.

2.   The convictions for threatening to inflict grievous bodily harm, damaging property, possessing a knife in a public place and possessing an offensive weapon be confirmed.

3.   For the offence of threatening to inflict grievous bodily harm, Jairo Saul Cajina be sentenced to six months imprisonment, to commence on 15 November 2021 and end on 14 May 2022.

4.   For the offence of damaging property, Jairo Saul Cajina be sentenced to two months imprisonment, to commence on 15 April 2022 and end on 14 June 2022.

5.   For the offence of possessing a knife in a public place, Jairo Saul Cajina be sentenced to three months imprisonment, to commence on 15 April 2022 and end on 14 July 2022.

6.   For the offence of possessing an offensive weapon, Jairo Saul Cajina be sentenced to three months imprisonment, to commence on 15 May 2022 and end on 14 August 2022.

7.   The total sentence of nine months be suspended from 18 April 2022 for 15 months.

8. 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 15 months from 18 April 2022 to 17 July 2023 with the following conditions:

a.     Subject to condition (c), Jairo Saul Cajina reside at 2 Prisk Place, Bonython ACT;

b.     While residing in accordance with condition (a), Jairo Saul Cajina be at his place of residence between 8:30 pm each day and 7:00 am the next day, except in the case of an emergency, and present himself to the front door of the residence at any time during those hours as requested by a police officer;

c.     Despite condition (a), Jairo Saul Cajina may reside at 3/26 Goldner Circuit, Melba ACT when his partner, Bronwyn Bridges, is residing there;

d.     A probation condition that Jairo Saul Cajina be under the supervision of the Commissioner of the ACT Corrective Services or his delegate for the period of the Good Behaviour Order or such lesser period as the person supervising considers appropriate and that he obey all reasonable directions of the person supervising him, including reporting to that person his progress under the additional conditions of the Good Behaviour Order;

e.     Jairo Saul Cajina submit himself for assessment to Canberra Recovery Hub, 1 Elder Street, Braddon ACT on or before 21 April 2022 and, if assessed as suitable, commence the program of Alcohol and Drug Treatment and, subject to condition (f), complete the program;

f.     That Jairo Saul Cajina seek admission to the 12 weeks residential drug rehabilitation program of Canberra Recovery Services, Fyshwick and, if found suitable, enter and complete that program;

g.     That Jairo Saul Cajina engage in any other drug…

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AGLC
R v Cajina (No 2) [2022] ACTSC 383
Case
[2022] ACTSC 383
Decision Date

CaseChat Overview and Summary

In the matter of R v Cajina (No 2), the defendant Jairo Saul Cajina was brought before the court to address charges stemming from his alleged breach of a Good Behaviour Order, along with new charges of threatening to inflict grievous bodily harm, damaging property, and possession of a knife and an offensive weapon. The case was heard in the ACT Magistrates Court, where the judge was tasked with determining the validity of the charges and the appropriate sentence.

The primary legal issues before the court involved the interpretation and enforcement of the Good Behaviour Order, as well as the assessment of the new charges and the corresponding penalties. The defence argued that the evidence was insufficient to establish the breach of the Good Behaviour Order and questioned the proportionality of the proposed sentences. The prosecution, on the other hand, presented evidence that Cajina had indeed violated the conditions of the order and committed the new offences.

The court carefully considered the evidence and submissions from both parties. It found that Cajina had indeed breached the Good Behaviour Order by not adhering to its terms and conditions. The court also confirmed the convictions for threatening to inflict grievous bodily harm, damaging property, possessing a knife in a public place, and possessing an offensive weapon. The judge then proceeded to impose a total sentence of nine months imprisonment, which was suspended for a period of 15 months, and imposed a series of conditions under the Offender’s Good Behaviour Obligations. These conditions included residential requirements, curfew hours, supervision by a probation officer, mandatory drug and alcohol treatment, psychological counselling, and regular court appearances to report on progress.

The court's final orders included the cancellation of the existing Good Behaviour Order, confirmation of the convictions, and the imposition of specific sentences for each offence, with the total sentence being suspended and subject to a range of conditions designed to ensure Cajina's rehabilitation and compliance with the law.

Orders

Orders of the court

1. The Good Behaviour Order made on 9 November 2021 be cancelled.

2. The convictions for threatening to inflict grievous bodily harm, damaging property, possessing a knife in a public place and possessing an offensive weapon be confirmed.

3. For the offence of threatening to inflict grievous bodily harm, Jairo Saul Cajina be sentenced to six months imprisonment, to commence on 15 November 2021 and end on 14 May 2022.

4. For the offence of damaging property, Jairo Saul Cajina be sentenced to two months imprisonment, to commence on 15 April 2022 and end on 14 June 2022.

5. For the offence of possessing a knife in a public place, Jairo Saul Cajina be sentenced to three months imprisonment, to commence on 15 April 2022 and end on 14 July 2022.

6. For the offence of possessing an offensive weapon, Jairo Saul Cajina be sentenced to three months imprisonment, to commence on 15 May 2022 and end on 14 August 2022.

7. The total sentence of nine months be suspended from 18 April 2022 for 15 months.

8. 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 15 months from 18 April 2022 to 17 July 2023 with the following conditions:

a. Subject to condition (c), Jairo Saul Cajina reside at 2 Prisk Place, Bonython ACT;

b. While residing in accordance with condition (a), Jairo Saul Cajina be at his place of residence between 8:30 pm each day and 7:00 am the next day, except in the case of an emergency, and present himself to the front door of the residence at any time during those hours as requested by a police officer;

c. Despite condition (a), Jairo Saul Cajina may reside at 3/26 Goldner Circuit, Melba ACT when his partner, Bronwyn Bridges, is residing there;

d. A probation condition that Jairo Saul Cajina be under the supervision of the Commissioner of the ACT Corrective Services or his delegate for the period of the Good Behaviour Order or such lesser period as the person supervising considers appropriate and that he obey all reasonable directions of the person supervising him, including reporting to that person his progress under the additional conditions of the Good Behaviour Order;

e. Jairo Saul Cajina submit himself for assessment to Canberra Recovery Hub, 1 Elder Street, Braddon ACT on or before 21 April 2022 and, if assessed as suitable, commence the program of Alcohol and Drug Treatment and, subject to condition (f), complete the program;

f. That Jairo Saul Cajina seek admission to the 12 weeks residential drug rehabilitation program of Canberra Recovery Services, Fyshwick and, if found suitable, enter and complete that program;

g. That Jairo Saul Cajina engage in any other drug and alcohol treatment program as directed by the person supervising him;

h. That Jairo Saul Cajina engage with a psychologist in counselling for his mental health as directed by the person supervising him and consent to the person supervising him making available to that psychologist a copy of the Psychological Report of Leesa Morris dated 15 September 2021;

i. That Jairo Saul Cajina report to ACT Corrective Services by 4:00 pm 19 April 2022 to arrange supervision;

j. That Jairo Saul Cajina appear in Court on 24 April 2022 at 2:30 pm and thereafter when required by the Court, either in person or, if the Court permits, by electronic means, to report on progress of his drug rehabilitation and psychological counselling;

k. That Jairo Saul Cajina participate in the Care and Protection List, including in any assessment for that List and appear in the ACT Magistrates Court for that List on 24 May 2022; and

l. Jairo Saul Cajina is not to consume cannabis, alcohol or illicit drugs.

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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