R v Carpenter (No 2)

[2021] ACTSC 22

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:	R v Carpenter (No 2)
Citation:	[2021] ACTSC 22
Hearing Date:	3 February 2021
Decision Date:	3 February 2021
Before:	Burns J
Decision:	See [10]–[12]
Catchwords:	CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Re-sentence – breach of Good Behaviour Order – consideration of continuing
steps to rehabilitation
Legislation Cited:	Crimes (Sentence Administration) Act 2005 (ACT)
Parties:	The Queen (Crown) Kylie Ann Carpenter (Offender)
Representation:	Counsel
C Muthurajah (Crown)
T Tu’ulakitau (Offender)
Solicitors
ACT Director of Public Prosecutions (Crown)
Tu’ulakitau McGuire (Offender)
File Number:	SCC 42 of 2018
BURNS J:

1.       Kylie Carpenter, on 31 October 2018 you appeared before me to be sentenced with regard to an offence of aggravated robbery (CC2017/10656) which occurred on 21 September 2017. At that time, I imposed a sentence of 16 months' imprisonment, of which approximately seven months was suspended.

2.       The suspended part of the sentence was for a period of seven months from 31 October 2018, and the suspension was accompanied by a Good Behaviour Order from 31 October 2018 to 30 October 2020.

3.       Subsequently, in the ACT Magistrates Court on 24 August 2020, you were sentenced with regard to two series of offences. The first series occurred on 26 April 2019, when you committed an offence of theft (CAN2020/375) and an offence of driving whilst disqualified (CAN2019/5005).

4.       The second series occurred on 15 August 2019, when you committed an offence of attempting to obtain property by deception (CAN 2020/6802) and an offence of driving whilst disqualified (CAN 2019/9171).

5.       On 24 August 2020, you were sentenced in the ACT Magistrates Court to terms of imprisonment effectively amounting to seven months' imprisonment with an order that you were to be released after serving three months and six days and with a Good Behaviour Order for a period of two years, commencing on 24 August 2020. There were conditions attached to the Good Behaviour Order imposed, which are clearly directed towards assisting you in your rehabilitation.

6.       It is, of course, a matter of great concern that, having been sentenced on 31 October 2018 for a particularly serious offence, you have breached the sentence imposed with regard to that offence in the way in which you have. I do, however, take into account the evidence which has been placed before me regarding the continuing steps that you are taking to try to rehabilitate yourself from drug addiction and also to deal with mental health issues and also parenting issues.

Subjective Circumstances

7.       I acknowledge that you have three children who are currently residing with you and who are dependent upon you. You have stable accommodation. You have a partner who is in full-time employment, and it appears that you have made progress since you appeared before me in October 2018, although it may appear that it is a case of two steps forward and one step back.

8.       I note that the Crown does not oppose me re-sentencing you with respect to the offence of aggravated robbery to a further suspended sentence. I note that under the provisions of the Crimes (Sentence Administration) Act 2005 (ACT), where I find a breach proven of a suspended sentence order, I am obliged to cancel the suspended sentence order and take one of two courses: either I am to impose the term of imprisonment which was suspended, or I am to re-sentence you.

9.       Taking into account all of the matters to which I have referred, I propose to cancel the Order and to re-sentence you.

Sentence

10.     The suspended sentence order of 31 October 2018 is cancelled.

11.    You will be re-sentenced to seven months' imprisonment commencing today, 3 February 2021, and there will be a Good Behaviour Order for a period of 12 months, again, commencing today, 3 February 2021 in the same terms as the order which I imposed on 31 October 2018, being:

• The offender is to accept the supervision of the Director-General and she is

to obey all reasonable directions of the Director-General or that person’s

delegate for that period or such period as her supervisor directs;

• The offender is to undertake such counselling or treatment for alcohol or

drug abuse as directed by the Director-general or that person’s delegate;

and

• She is to undertake urinalysis as directed by the Director-General or that

person’s delegate.

12.     I have not imposed more conditions with respect to that Order and, in particular, conditions relating to you continuing to undertake the programs and counselling which you are currently undertaking because of the orders that have been made by the ACT Magistrates Court which will be in place for more than the next 12 months.

I certify that the preceding twelve [12] numbered paragraphs are a true copy of the Reasons for Sentence of his Honour Justice Burns

Associate:

Date: