R v CI

Case

[2019] ACTSC 373

1 May 2019


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v CI

Citation:

[2019] ACTSC 373

Hearing Date:

1 May 2019

DecisionDate:

1 May 2019

Before:

Burns J

Decision:

See [1]-[2]

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Breach of Good Behaviour Order – Resentence

Legislation Cited:

Crimes (Sentence Administration) Act 2005 (ACT)

Parties:

The Queen (Crown)

CI (Offender)

Representation:

Counsel

S Beaumont (Crown)

Self-represented (Offender)

Solicitors

ACT Director of Public Prosecutions (Crown)

Self-represented (Offender)

File Number:

SCC 44 of 2017

BURNS J

  1. The Good Behaviour Order which was imposed by Penfold J with regard to what her Honour referred to as the “December aggravated robbery”, and which I understand from her Honour's sentencing remarks refers to charge CC2016/748, will be cancelled as is required by the provisions of the Crimes (Sentence Administration) Act 2005 (ACT). I note that there was a period of six months' imprisonment which remained to be served at the point of suspension of the sentences in accordance with the orders made by her Honour.

  1. I will reimpose that sentence of six months' imprisonment. That sentence will be wholly suspended and there will be a further Good Behaviour Order for a period of six months from today, 1 May 2019, with a condition that the young person is to accept the supervision of Community Services and he has to obey all reasonable directions of officers of that Service.

  1. I note that the offender is currently subject to another Good Behaviour Order which has a Community Service component and as such I will impose no further conditions with respect to the present Good Behaviour Order.

[speaking directly to the offender]

  1. CI, what I am saying is that you have to stay out of trouble for six months. If you stay out of trouble for six months, then this matter is finished.

I certify that the preceding four [4] numbered paragraphs are a true copy of the Reasons for Sentence his Honour Justice Burns.

Associate:

Date:

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