R v Cameron
[2014] ACTSC 116
•9 May 2014
ACT SUPREME COURT
Case Title: | R v CAMERON | |
Medium Neutral Citation: | [2014] ACTSC 116 | |
Hearing Date: | 6 May 2014 | |
DecisionDate: | 9 May 2014 | |
Before: | Burns J | |
Decision: | See [10]–[12] | |
Catchwords: | CRIMINAL – SENTENCE – attempted aggravated burglary – aggravated burglary – in company – attempted offence not to be sentenced as if offence in fact completed – offender’s youth – drug abuse – on parole at time of offence | |
Legislation Cited: | Criminal Code 2002 (ACT), ss 44, 312, 321 | |
Parties: | The Queen Alexander Cameron | |
Representation: - Counsel | Ms A Clarke (Crown) Ms P Edmonds (Defence) | |
- Solicitors | ACT Director of Public Prosecutions (Crown) Paul Edmonds & Associates (Defence) | |
File Number: | SCC 200 of 2013 | |
R v Alexander CAMERON
SENTENCE
Alexander Cameron, you appear before me today for sentence with respect to two offences. The first is an offence of attempted aggravated burglary (s 312 by virtue of s 44 Criminal Code 2002 (ACT)) and the second is an offence of aggravated burglary (s 312 Criminal Code 2002 (ACT)), in addition to which you have asked that I take into account, on a List of Additional Offences, an offence of minor theft (s 321 Criminal Code 2002 (ACT)). All of these offences occurred on 20 September 2013.
A Statement of Facts was prepared and was tendered without objection. I will not recite the facts in the course of this sentence. I note, however, that with respect to the offence of attempting to commit the offence of aggravated burglary that, of course, the offence was not completed, and, as such, you are not to be sentenced on the basis that there was in fact an aggravated burglary. You are to be sentenced on the basis that the offence is one of attempting to commit that offence. I take into account the fact that the attempt was made with respect to residential premises, and I note that it occurred during daylight hours. I note that the circumstance of aggravation was being in the company of one other person.
Turning now to the offence of aggravated burglary, I note that that offence also occurred in residential premises and during daylight hours. You were also in company with respect to that offence. Again, you were only in the company of one person, a male. I note that damage was occasioned to the property in order to force entry, but I do note that the property which was taken in the course of that burglary was recovered.
You have a criminal history which is not insignificant, but which is not the most extensive that one would see before these courts. It is, of course, an aggravating circumstance in relation to the commission of these offences that they occurred whilst you were on parole.
I take into account your pleas of guilty with respect to these matters and I accept that they, to some extent, demonstrate remorse, but they also have a significant utilitarian value and I will reduce by 25 percent the sentences that I would otherwise have imposed.
I take into account the Pre-Sentence Report which sets out your subjective features. At 20 years of age, you are still young. I note, however, that the author of the report indicates that you are not particularly interested in rehabilitation from drug abuse at this time. It is, in that regard, encouraging that you completed the Smart Recovery program whilst you were in the Alexander Maconochie Centre and that you are now on methadone. One hopes that with growing maturity you will realise the necessity for you to address your substance abuse. You have, it is clear, an extensive history of substance abuse. Most recently, you used methylamphetamine and heroin whilst you were on parole. You told the author of the report that you committed these offences in order to try and obtain money to support your drug abuse.
The report also notes that you have suffered from mental health issues over the years which are possibly related to drug abuse, although there is some more recent indication that there may be an underlying mental health issue, although the evidence before me does not allow me to make any such finding to the requisite standard.
I take into account the contents of the report from the psychiatrist Dr Wyeth, and I also take into account the contents of the CADAS report.
The author of the Pre-Sentence Report considers you to be at high risk of re-offending, an assessment with which I agree, at least until such time as you come to address your substance abuse. In my opinion, there is no alternative other than to sentence you to terms of imprisonment with respect to these charges. I will, however, bear in mind your youth when determining the appropriate length of each of the terms of imprisonment that I will impose, and in determining the extent to which they are to be served concurrently, and, finally, in determining the appropriate date when you will be eligible for release on parole.
SENTENCE
With respect to the charge of attempted aggravated burglary, you are convicted and you are sentenced to 13 months’ imprisonment commencing on 6 May 2014 and expiring on 5 June 2015.
With respect to the offence of aggravated burglary, you are convicted and sentenced to 21 months’ imprisonment, commencing on 6 November 2014 and expiring on 5 August 2016.
I set a non-parole period commencing on 22 September 2013 and expiring on 5 June 2015. Now, Mr Cameron, you are going to be in custody, that means, until at least 5 June 2015, when you will be eligible to be released on parole. Whether you are released at that time is a matter for the Sentence Administration Board.
I have demonstrated some leniency in the sentences which I have imposed, based upon your youth, but you need to use the time that you are now going to have in custody in order to address your drug abuse issues, otherwise, once you are released, you will return to the use of drugs such as methylamphetamine and heroin, and then inevitably you will commit further crimes and then inevitably you will go back to prison. That pattern will continue until ultimately the sentences simply become longer and longer. So now is the time to address those issues, unless you want to spend most of your young adult life behind bars.
I certify that the preceding thirteen (13) numbered paragraphs are a true copy of the Reasons for Sentence herein of his Honour Justice Burns.
Associate:
Date: 30 May 2014
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