R v Chemhere (No. 2)

[2016] ACTSC 62

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Chemhere (No. 2)

Citation:

[2016] ACTSC 62

Hearing Date:

1 March 2016

DecisionDate:

22 March 2016

Before:

Refshauge J

Decision:

1.             The conviction for aggravated burglary committed on 27 July 2011 is confirmed. 

2.             It is noted that on 25 March 2013 Mr Chemhere was sentenced to nine months imprisonment for that offence and that this period was suspended on that date and a Good Behaviour Order then made. 

3.             It is found that Mr Chemhere breached that Good Behaviour Order by committing further offences punishable by imprisonment during the period of the Good Behaviour Order. 

4.             The Good Behaviour Order of 25 March 2013 be cancelled.

5.             Mr Chemhere is sentenced to imprisonment for nine months, to commence on 1 June 2016 and end on 28 February 2017.  That is to be concurrent as to three months on the sentence he is currently now serving. 

6.             A new non-parole period is set to commence on 1 July 2015 and to end on 31 March 2016.

Catchwords:

CRIMINAL LAW – Jurisdiction, practice and procedure – judgment and punishment – sentencing – breach of Good Behaviour Order by further offending – aggravated burglary – mental health problems – paranoid schizophrenia – drug-induced psychotic episode – psychiatric treatment order – drug abuse – alcohol abuse – substance abuse disorder – return to community following residential drug rehabilitation – relapse into drug and alcohol abuse – failure to engage with support services – intensive supervision required – extended period of parole

Legislation Cited:

Criminal Code 2002 (ACT), s 312
Crimes (Sentence Administration) Act 2005 (ACT), ss 86, 110
Crimes (Sentencing) Act 2005 (ACT), pt 5.3, ss 66, 70, 107

Cases Cited:

AB v R (1999) 198 CLR 111
R v Chemhere (Unreported, Supreme Court of the Australian Capital Territory, SCC 362 of 2011, Acting Justice Nield, 18 May 2012)
R v Chemhere (Unreported, Supreme Court of the Australian Capital Territory, SCC 362 of 2011, Justice Refshauge, 6 July 2012)
R v DF (No 2) (2012) 257 FCR 31
R v Kristiansen [2015] ACTSC 159
R v Sladic [2014] ACTSC 56
R v Wallace (No 2) [2016] ACTSC 38

Parties:

The Queen (Crown)

Peter Isheunesu Chemhere (Defendant)

Representation:

Counsel

Mr D Sahu-Khan (Crown)

Mr R Davies (Defendant)

Solicitors

ACT Director of Public Prosecutions (Crown)

Legal Aid (ACT) (Defendant)

File Number:

SCC 362 of 2011

REFSHAUGE J:

1. In some ways the most dangerous time for the protection of society, which is the aim of the criminal law, is the period immediately after an offender leaves prison.  Without support, employment, supported accommodation and the like, an ex-detainee is likely to return to old haunts, old habits and, perhaps most riskily, to old associates.  This makes the relatively recent ACT initiative of Throughcare such an important element of the Territory's penal system.  It is as fundamental an element as the deterrence, retribution and incapacitation which are the more commonly cited elements of that penal system.