R v Cameron
[2018] ACTSC 374
•20 November 2018
SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Cameron |
Citation: | [2018] ACTSC 374 |
Hearing Dates: | 27 September, 6 October, 30 November, 13 December 2017; 10 January, 23 April, 1 May, 14 June, 20 November 2018 |
DecisionDate: | 20 November 2018 |
Before: | Burns J |
Decision: | See [6] – [8] |
Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – plea of guilty in Magistrates Court – serious offence – aggravated robbery – participation in rehabilitation program |
Parties: | The Queen (Crown) Alexander Cameron (Offender) |
Representation: | Counsel D Sahu Khan (27 September, 6 October, 30 November 2017); S McMurray (13 December 2017; 10 January, 23 April, 1 May 2018); S Beaumont (19 June, 20 November 2018) (Crown) P Burgoyne-Scutts (27 September, 6 October, 30 November, 13 December 2017; 23 April, 1 May, 19 June 2018) R Davies (10 January 2018); D Hoitink (20 November 2018) (Offender) |
| Solicitors ACT Director of Public Prosecutions (Crown) Legal Aid ACT (Offender) | |
File Number: | SCC 95 of 2017 |
BURNS J
Mr Cameron, the offence to which you entered a plea of guilty in the Magistrates Court and upon which you were committed for sentence to this Court was a particularly serious offence. It was an offence of aggravated robbery which calls for a term of imprisonment.
I gave you an opportunity by releasing you on bail and allowing you to participate in residential rehabilitation to demonstrate that the period of 435 days that you have spent in custody prior to sentencing would be adequate to address the punishment aspect of the penalty and to give you an opportunity to demonstrate that you were committed to rehabilitation. It is to your credit that you have taken the opportunity that I have given you, and you have participated fully in the Bridge Program at the Salvation Army in Canberra.
The letter which I have received from that program today speaks of you entering the program on 2 May this year, 2018, and having progressed during the period that you were or have been in the program. The author of the letter notes that you have shown considerable growth since entering the program and that you participate enthusiastically in groups and work therapy. You are now a mentor for new program participants and undertake that role diligently. You are described as a senior role model in the community and you are sought for support and responsibilities in the community as required.
I indicated when you appeared before me on the last occasion, on 19 June 2018, that if you continued to progress well within the program, that I would propose to finalise these charges today in such a way as to not require you to serve any further period of immediate imprisonment. That is what I now propose to do.
Taking into account the matters on the List of Additional Offences which has now been substituted as Exhibit 3, I would have imposed a sentence of four years' imprisonment with respect to this offence. I will reduce that by 25 per cent. Although your plea was not entered at the earliest possible opportunity it was nevertheless entered in the Magistrates Court and, on that basis, I will reduce it by 25 per cent. That brings the sentence back to one of three years. I will back-date the commencement of that sentence to allow for the period of time that you spent in custody prior to sentencing.
Sentence
I will record a conviction with respect to the charge of aggravated robbery and you will be sentenced to a period of three years' imprisonment commencing on 11 September 2017 and expiring on 10 September 2020.
The period from the 11 September 2017 until yesterday, 19 November 2018, will be served by way of full-time custody.
The balance of that sentence will be suspended, and there will be a Good Behaviour Order for a period of two years from today with conditions:
(a)that you are to report forthwith to ACT Corrective Services and you are to accept the supervision of ACT Corrective Services for that period of two years, or such lesser period as may be deemed appropriate by your supervising officer; and
(b)you are also to participate in such programs, courses or treatment as directed by ACT Corrective Services, particularly in relation to recovery from drug addiction and the avoidance of relapse.
[Speaking directly to offender]
Mr Cameron, you have done well to this point and I hope that you continue in the same way. You will, of course, understand that this is just the beginning and that you have to maintain that commitment. You still have a significant period of imprisonment hanging over your head for the next two years but I have no doubt based upon what you have done so far that you are capable of maintaining that commitment and leading a good and useful life, if you choose to do so.
| I certify that the preceding nine [9] numbered paragraphs are a true copy of the Reasons for Sentence of his Honour Justice Burns. Associate: Date: 6 June 2019 |
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