R v Close
[2015] ACTSC 119
•4 May 2015
SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Close |
Citation: | [2015] ACTSC 119 |
Hearing Date: | 24 April 2015 |
DecisionDate: | 4 May 2015 |
Before: | Burns J |
Decision: | See [8] |
Category: | Sentence |
Catchwords: | CRIMINAL LAW – Resentence – Particular Offences – dishonesty offences – obtain financial advantage by deception – defrauding the Territory – offender resentenced pursuant to s 82A Crimes (Sentencing Administration) Act 2005 (ACT) – unable to complete periodic detention for reasons outside of her control – sentence suspended with a good behaviour order. |
Legislation Cited: | Crimes (Sentencing Administration) Act 2005 (ACT) s 82A |
Parties: | The Queen (Crown) Pamela Close (Offender) |
Representation: | Counsel Ms J Campbell (Crown) Mr M Kukulies-Smith (Offender) |
| Solicitors ACT Director of Public Prosecutions (Crown) Kamy Saeedi Law (Offender) | |
File Number: | SCC 235 of 2011 |
Burns J:
Background
On 12 August 2013, Higgins CJ sentenced the offender to cumulative sentences of two years and six months’ imprisonment on each charge against her, being one charge of defrauding the Territory and another charge of obtaining financial advantage by deception. That sentence was to be served by way of 12 months’ full time custody and 18 months’ periodic detention, with the balance suspended on a GBO for a period of 2 years and 6 months. The offender has served 12 months’ full time imprisonment and is currently completing the portion of her sentence to be served by way of periodic detention.
This is a matter which is returned to this Court by the Sentence Administration Board upon the Sentence Administration Board being satisfied that it was unlikely that the prisoner would be able to complete a term of imprisonment to be served by way of periodic detention, as imposed by Higgins CJ.
Consideration
I accept the evidence which was given by and on behalf of the prisoner on 24 April this year and as such I accept that the reason the prisoner is unable to complete the periodic detention ordered by the former Chief Justice is beyond her control.
Essentially, that means that I have two options available to me. The first is to cancel the Periodic Detention Order and require the prisoner to serve out the remainder of her sentence by way of full time imprisonment, and the second is to re-sentence the prisoner.
As I indicated in argument with the Crown on the last occasion, neither alternative is particularly appropriate in the sense that there is a choice between increasing the severity of the sentence which was imposed by Higgins CJ or effectively decreasing the severity of the sentence.
In my opinion, bearing in mind the fact that the reason the prisoner cannot serve the Periodic Detention order as imposed by the Chief Justice is beyond her control, justice requires that, if anything, the sentence to be imposed should be somewhat less onerous than that which was imposed by his Honour.
I therefore propose to resentence the prisoner, pursuant to the provisions of s 82A of the Crimes (Sentence Administration Act) 2005 (ACT). I will do so, however, in such a way as to increase to some extent the severity of the sentence imposed by his Honour but not in such a way as to require her to serve any further period by way of full time imprisonment.
Sentence
I will re-impose the sentences imposed by Higgins CJ on 12 August 2013, being cumulative sentences of two years and six months’ imprisonment on each count, making a head sentence of five years. That sentence will commence on 4 May 2014 instead of 12 August 2013, as his Honour ordered. I order that the first 12 months of that sentence commencing on the 4 May 2014 and expiring on the 3 May 2015 be served by way of full time imprisonment with the balance suspended. There will be a Good Behaviour Order for a period of four years with a condition that she is to accept the supervision of ACT Adult Corrections for that period of 4 years or such lesser period as deemed appropriate by a supervising officer; and she is to complete 300 hours of community service within a period of 2 years.
| I certify that the preceding eight [8] numbered paragraphs are a true copy of the Reasons for Sentence of his Honour Justice Burns. Associate: Date: 15 May 2015 |
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