R v Ceissman (No 2)
[2021] ACTSC 6
SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Ceissman (No 2) |
Citation: | [2021] ACTSC 6 |
Hearing Date: | 1 February 2021 |
DecisionDate: | 1 February 2021 |
Before: | Burns J |
Decision: | See [11]–[14] |
Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Re-sentence – breach of Good Behaviour Order – driving with drug in oral fluid – plea of not guilty – where offender held honest, but not reasonable, belief that was not driving with drug in oral fluid – whether consciously breached Good Behaviour Order |
Legislation Cited: | Crimes (Sentence Administration) Act 2005 (ACT) s 110 |
Parties: | The Queen ( Crown) Steven Jack Ceissman ( Offender) |
Representation: | Counsel E Wren ( Crown) B Shelton ( Offender) |
| Solicitors ACT Director of Public Prosecutions ( Crown) Tim Sharman Solicitors ( Offender) | |
File Number: | SCC 198A of 2017 |
BURNS J:
Steven Ceissman, you appeared before me for sentence on 3 October 2018 for an offence of dishonestly receiving stolen property (XO2017/31194). That offence occurred between 17 and 20 July 2016. In effect, that offence occurred some four and a half years ago.
I sentenced you to a term of 10 months' imprisonment commencing on 3 October 2018 and expiring on 2 August 2019. That sentence was to be served by way of full-time imprisonment for a period of three months, commencing from 3 October 2018 and expiring on 2 January 2019 with the balance suspended.
I imposed a Good Behaviour Order for a period of 15 months from 2 January 2019 with a condition that you accept the supervision of the Director-General for a period of 15 months or such lesser period as deemed appropriate by your supervising officer.
You breached the Good Behaviour Order that I imposed by committing an offence of driving with a drug in your oral fluid on 27 January 2020 (CC2020/1535). You pleaded not guilty to that charge in the ACT Magistrates Court and you were found guilty of the offence on 19 October 2020 and sentenced by the Chief Magistrate on 13 November 2020.
You were sentenced to one month full-time detention. That sentence was imposed in the context of sentencing with respect to a number of other offences.
It was accepted by the Chief Magistrate that at the time you committed the offence on 13 November 2020, you had an honest belief that you were not driving with a drug in your oral fluid. You apparently had taken the view that more than sufficient time had passed since you last consumed the particular drug for that drug to have been removed from your system.
The Chief Magistrate accepted that you were in error in that regard and the error was honest, albeit not reasonable. I proceed on the basis that the actions which formed the breach of the Good Behaviour Order were not actions in which you were consciously breaching the Order that I made.
As I indicated in argument with your counsel, under s 110 of the Crimes (Sentence Administration) Act 2005 (ACT) I only have two options. I am obliged to cancel your Good Behaviour Order and I may either impose the suspended sentence which I imposed in 2018 or I may re-sentence you for the offence.
Bearing in mind the circumstances of the offence which was before the ACT Magistrates Court, the nature of that offence and the period of time that had lapsed between the imposition of the Good Behaviour Order and the commission of that offence, I propose to proceed by way of re-sentencing you.
In re-sentencing you, I will take into account the period that you have already served under the Good Behaviour Order that I imposed in 2018.
Sentence
I cancel the Good Behaviour Order which I imposed on 3 October 2018.
You are re-sentenced to a period of two months' imprisonment which will be wholly suspended.
There will be a Good Behaviour Order for a period of six months’ from today, 1 February 2021, with a condition that you are to accept the supervision of the Director-General, or that person's delegate, for that period of six months or such lesser period as deemed appropriate by your supervising officer.
I recommend that the Director-General direct you to undertake such counselling or treatment as directed, particularly in relation to illicit drug abuse.
| I certify that the preceding fourteen [14] numbered paragraphs are a true copy of the Reasons for Sentence of his Honour Justice Burns Associate: Date: |
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