R v Chatfield

Case [2021] ACTSC 352


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Chatfield

Citation:

[2021] ACTSC 352

Hearing Date:

12 October 2021

DecisionDate:

15 October 2021

Before:

Refshauge AJ

Decision:

1.    Samantha Gaye Chatfield be convicted of arson and sentenced to 18 months imprisonment, to commence on 15 October 2021.

2. The sentence be served by way of Intensive Correction Order under s 11 of the Crimes (Sentencing) Act 2005 (ACT) with the following conditions:

a. the core conditions mentioned in s 42 of the Crimes (Sentence Administration) Act 2005 (ACT);

b.    that Ms Chatfield be at her place of residence between 8:30 pm each day and 8:00 am the next day (which hours may be varied by the Commissioner of ACT Corrective Services or his delegate) except in the case of medical or other emergency and that she present herself at the door of that residence during those hours to any police officer who requests it; 

c.     that Ms Chatfield engage in programs or counselling or both as directed by ACT Corrective Services in relation to her illicit substance use; and

d.    that Ms Chatfield engage with a medical practitioner to obtain an updated mental health care plan and undertake the recommendations in the plan.

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – Arson – Intensive Correction Order – Rehabilitation

Legislation Cited:

Crimes Act 1900 (ACT) s 117

Crimes (Sentence Administration) Act 2005 (ACT) ss 42, 107, 108, 116, 160
Crimes (Sentencing) Act 2005 (ACT) ss 7, 11, 33, 35, 46C

Criminal Code 2002 (ACT) s 404

Cases Cited:

Barbaro v The Queen [2014] HCA 2; 253 CLR 58

Beniamini v Craig [2017] ACTSC 30
Blundell v The Queen [2019] ACTCA 34
Bugmy v The Queen [2013] HCA 37; 249 CLR 571
Cranfield v The Queen [2018] ACTCA 3
Director of Public Prosecutions (Vic) v Dalgleish (a pseudonym) [2017] HCA 41; 262 CLR 428
Director of Public Prosecutions (Vic) v Terrick [2009] VSCA 220; 24 VR 457
Elias v The Queen [2013] HCA 31; 248 CLR 483
Grooms v Toohey [2012] ACTSC 25; 7 ACTLR 1
Hogan v Hinch [2011] HCA 4; 243 CLR 506
Miller v The Queen [2018] ACTCA 21; 273 A Crim R 27
Monfries v The Queen [2014] ACTCA 46; 245 A Crim R 80
Neal v The Queen (1982) 149 CLR 305
R v Avis [2013] ACTSC 294
R v Basha (1989) 39 A Crim R 337
R v BC [2019] ACTSC 233
R v Booth [2004] ACTCA 21
R v Borkowski [2009] NSWCCA 102; 195 A Crim R 1
R v Crawford (No 1) [2020] ACTSC 245
R v Dash-Greentree (Unreported, Australian Capital Territory Supreme Court, Penfold J, 9 January 2013)
R v Dowling (No 2) [2021] ACTSC 200
R v EL [2016] ACTSC 241
R v Ellis (1993) 68 A Crim R 449
R v Elphick [2021] ACTSC 9
R v Fernando (1992) 76 A…

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AGLC
R v Chatfield [2021] ACTSC 352
Case
[2021] ACTSC 352
Decision Date

CaseChat Overview and Summary

In the case of R v Chatfield, the defendant, Samantha Gaye Chatfield, was convicted of arson and sentenced by the court. The matter was brought before the court following an incident where Ms Chatfield was found to have committed an act of arson, resulting in a conviction for the offence. The court was tasked with determining an appropriate sentence that would address the criminal behaviour while also focusing on rehabilitation and deterrence.

The primary legal issue before the court was the determination of an appropriate sentence for Ms Chatfield's offence of arson. Given the nature of the offence and the need to balance punishment with rehabilitation, the court had to consider various sentencing options, including the potential for an Intensive Correction Order (ICO). The court was required to evaluate the circumstances of the offence, Ms Chatfield's background, and her prospects for rehabilitation when deciding the sentence.

In delivering its judgment, the court considered the relevant legislative provisions, including sections 11 and 42 of the Crimes (Sentencing) Act 2005 (ACT) and sections 42 of the Crimes (Sentence Administration) Act 2005 (ACT). The court determined that an ICO was an appropriate sentence, given Ms Chatfield's potential for rehabilitation and the need for community protection. The court imposed specific conditions on the ICO, including core conditions, residence hours, mandatory presentations to police, participation in substance abuse programs, and engagement with a medical practitioner for mental health care.

The court ordered that Samantha Gaye Chatfield be convicted of arson and sentenced to 18 months imprisonment, to commence on 15 October 2021. The sentence was to be served by way of an Intensive Correction Order, subject to the conditions outlined in the judgment. This included adherence to core conditions, residence hours, presentations to police, participation in programs or counselling related to substance use, and engagement with a medical practitioner for mental health care.

Orders

Orders of the court

1. Samantha Gaye Chatfield be convicted of arson and sentenced to 18 months imprisonment, to commence on 15 October 2021.

2. The sentence be served by way of Intensive Correction Order under s 11 of the Crimes (Sentencing) Act 2005 (ACT) with the following conditions:

a. the core conditions mentioned in s 42 of the Crimes (Sentence Administration) Act 2005 (ACT);

b. that Ms Chatfield be at her place of residence between 8:30 pm each day and 8:00 am the next day (which hours may be varied by the Commissioner of ACT Corrective Services or his delegate) except in the case of medical or other emergency and that she present herself at the door of that residence during those hours to any police officer who requests it;

c. that Ms Chatfield engage in programs or counselling or both as directed by ACT Corrective Services in relation to her illicit substance use; and

d. that Ms Chatfield engage with a medical practitioner to obtain an updated mental health care plan and undertake the recommendations in the plan.

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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