R v Carmody (No 3)

Case [2017] ACTSC 60


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Carmody (No 3)

Citation:

[2017] ACTSC 60

Hearing Date:

7 December 2016 and 24 February 2017

DecisionDate:

27 February 2017

Before:

Refshauge J

Decision:

1.   The conviction entered on 16 December 2016 for the offence of recklessly inflicting grievous bodily harm on the victim on 11 June 2015 be confirmed.

2.   Jakson Mark Carmody be sentenced to two years and five months imprisonment to commence today.

3.   The conviction entered on 16 December 2016 for damaging property on 11 June 2015 be confirmed.

4.   Jakson Mark Carmody be sentenced to three months imprisonment to commence on 27 May 2019.

5.   That sentence of two years and six months imprisonment be suspended from 27 February 2017 for a period of three years.

6.   Jakson Mark Carmody be required to sign an undertaking to comply with the offender’s Good Behaviour Obligations under Crimes (Sentencing) Act 2005 (ACT) for a period of three years with the following conditions:

(a)     a probation condition that he be under the supervision of the Director-General or her delegate for a period of two years or such term period as the person supervising him considers appropriate and obey all reasonable directions of the person supervising him;

(b)     that he undertake treatment or counselling as agreed with the person supervising him for anger management and the use of illicit drugs;

(c)     that he admit himself to the Detoxification Unit at The Canberra Hospital on 27 February 2017 and remain there for the period of the Program and that, if he is not admitted or is discharged before the completion of the Program, he report to the Registrar of the Supreme Court of the ACT within one working day for a review of this Good Behaviour Order;

(d)     that he refrain from the consumption of illicit drugs;

(e)     a community service condition that he complete 100 hours of community service work within 12 months;  and

(f)   that he report to ACT Corrective Services, 1st Floor, 249 London Circuit, Canberra City after he has completed the Detoxification Program at The Canberra Hospital and, in any event, no later than the close of business on 7 March 2017, to arrange supervision and performance of the community service work.

7.   Jakson Mark Carmody be ordered to pay compensation in the sum of $250 to the Registrar of the Supreme Court of the ACT within three months to be paid out to Lynda Southwell at an address to be supplied to the Registrar of the Supreme Court of the ACT by the ACT Director of Public Prosecutions within one month.

8.   It be recommended that ACT Corrective Services take such steps as may be reasonably practical to enable the community service condition to be performed without jeopardising the employment of Jakson Mark Carmody in Sydney.

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and punishment – sentencing – recklessly inflicting grievous bodily harm – damaging property – assessment finding…

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AGLC
R v Carmody (No 3) [2017] ACTSC 60
Case
[2017] ACTSC 60
Decision Date

CaseChat Overview and Summary

The case of R v Carmody (No 3) was heard in the Supreme Court of the Australian Capital Territory. The appellant, Jakson Mark Carmody, was convicted of recklessly inflicting grievous bodily harm and damaging property, with the convictions dated 16 December 2016, following incidents that occurred on 11 June 2015. The court was tasked with determining an appropriate sentence for these offences, considering the nature of the crimes, the circumstances surrounding them, and the appellant's prospects for rehabilitation.

The legal issues before the court included the appropriateness of a custodial sentence versus a suspended sentence, the imposition of a Good Behaviour Order, and the need to balance the protection of the community with the appellant's rehabilitation efforts. The court had to weigh the severity of the offences against the appellant's demonstrated efforts towards rehabilitation and his potential for future offending if not adequately supervised and supported. The court also needed to consider whether a suspended sentence, with specific conditions, would serve the interests of justice more effectively than an immediate custodial sentence.

In delivering the judgment, the court acknowledged the seriousness of the offences committed by the appellant but also recognised the substantial efforts he had made towards his rehabilitation. The court determined that a suspended sentence, coupled with specific conditions, would be more appropriate than an immediate custodial sentence. It was held that the appellant was not suitable for an Intensive Corrections Order and that a Good Behaviour Order was necessary to ensure his compliance with the conditions aimed at preventing reoffending. The court imposed a two-year and five-month sentence for the grievous bodily harm offence, to be suspended for three years, and a three-month sentence for the property damage offence, also to be suspended for three years. The court further imposed a Good Behaviour Order with conditions such as supervision, anger management and drug treatment, abstention from drug use, and completion of community service. Additionally, the appellant was ordered to pay compensation to the victim.

The final orders of the court included the confirmation of both convictions, the imposition of suspended sentences, the requirement for the appellant to sign an undertaking to comply with Good Behaviour Obligations, the payment of compensation to the victim, and a recommendation for ACT Corrective Services to facilitate the community service condition in a manner that does not jeopardise the appellant's employment.

Orders

Orders of the court

1. The conviction entered on 16 December 2016 for the offence of recklessly inflicting grievous bodily harm on the victim on 11 June 2015 be confirmed.

2. Jakson Mark Carmody be sentenced to two years and five months imprisonment to commence today.

3. The conviction entered on 16 December 2016 for damaging property on 11 June 2015 be confirmed.

4. Jakson Mark Carmody be sentenced to three months imprisonment to commence on 27 May 2019.

5. That sentence of two years and six months imprisonment be suspended from 27 February 2017 for a period of three years.

6. Jakson Mark Carmody be required to sign an undertaking to comply with the offender’s Good Behaviour Obligations under Crimes (Sentencing) Act 2005 (ACT) for a period of three years with the following conditions:

(a) a probation condition that he be under the supervision of the Director-General or her delegate for a period of two years or such term period as the person supervising him considers appropriate and obey all reasonable directions of the person supervising him;

(b) that he undertake treatment or counselling as agreed with the person supervising him for anger management and the use of illicit drugs;

(c) that he admit himself to the Detoxification Unit at The Canberra Hospital on 27 February 2017 and remain there for the period of the Program and that, if he is not admitted or is discharged before the completion of the Program, he report to the Registrar of the Supreme Court of the ACT within one working day for a review of this Good Behaviour Order;

(d) that he refrain from the consumption of illicit drugs;

(e) a community service condition that he complete 100 hours of community service work within 12 months; and

(f) that he report to ACT Corrective Services, 1st Floor, 249 London Circuit, Canberra City after he has completed the Detoxification Program at The Canberra Hospital and, in any event, no later than the close of business on 7 March 2017, to arrange supervision and performance of the community service work.

7. Jakson Mark Carmody be ordered to pay compensation in the sum of $250 to the Registrar of the Supreme Court of the ACT within three months to be paid out to Lynda Southwell at an address to be supplied to the Registrar of the Supreme Court of the ACT by the ACT Director of Public Prosecutions within one month.

8. It be recommended that ACT Corrective Services take such steps as may be reasonably practical to enable the community service condition to be performed without jeopardising the employment of Jakson Mark Carmody in Sydney.

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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