R v Coble
[2015] ACTSC 338
•20 October 2015
SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Coble |
Citation: | [2015] ACTSC 338 |
Hearing Date(s): | 20 October 2015 |
DecisionDate: | 20 October 2015 |
Before: | Burns J |
Decision: | See [16]-[17] |
Category: | Sentence |
Catchwords: | CRIMINAL LAW – Sentence – particular offences – dishonesty offences – theft – offences against the person – common assault. |
Legislation Cited: | Crimes Act 1900 (ACT) s 26 Criminal Code 2002 (ACT) s 308 |
Parties: | The Queen (Crown) Rachel Coble aka Harper (Offender) |
Representation: | Counsel Ms S McFarland (Crown) Mr J De Bruin (Offender) |
| Solicitors ACT Director of Public Prosecutions (Crown) Legal Aid ACT (Offender) | |
File Number(s): | SCC 28 of 2015; SCC 29 of 2015; SCC 124 of 2015 |
BURNS J:
Ms Coble, you appear today before me for sentence with respect to two offences which both occurred on 16 March 2014. The first offence is one of theft and the second is one of common assault.
A detailed Statement of Facts has been tendered in these proceedings and I will not now recite the facts. It is sufficient to note that you stole a set of headphones from JB Hi-Fi in the Canberra Centre. You were followed out of the store by the media manager of the store who called out to you in order to try to inspect your bag. You produced a box cutting knife and said, “Don’t come near me” as you exited down the escalator. I note from the statement of facts, however, that you did not stop the manager from checking your bag, although he was unable to see the headphones in your bag at that time. You were later identified by police from closed circuit television footage.
You have a criminal history, although, it is not a particularly long one. Of greatest significance are matters that were dealt with by myself on 18 March 2014, which were offences of assault occasioning actual bodily harm and possessing a knife without reasonable excuse. With respect to the charge of assault occasioning actual bodily harm, you were convicted and released upon entering a Good Behaviour Order for a period of 12 months. With respect to the possession of a knife matter, you were convicted and placed on a Good Behaviour Order for a period of four months. I note that those offences occurred in March of 2013.
There was subsequently an offence of minor theft which you committed on 10 May 2013 and which was dealt with in the Magistrates Court on 11 August 2014.
Those three offences, to which I have particularly referred, were all dealt with after the commission of the offences which are now before this Court. It is not clear to me whether you were on conditional liberty by way of bail with respect to any of those offences at the time of the commission of the present offences. However, as there is no material before me on which I can be satisfied that that was the case, I will proceed on the basis that you were not subject to conditional liberty at the time you committed these offences.
The maximum penalty for the offence of theft, which is contrary to s 308 of the Criminal Code 2002 (ACT) is 10 years’ imprisonment, a fine of $140,000.00 or both. I note that the value of the headphones stolen was $339.00, such that it is possible that this charge could have been dealt with as a charge of minor theft in the Magistrates Court. I note that the charge of common assault, contrary to s 26 of the Crimes Act 1900 (ACT), is two years’ imprisonment.
You were originally charged with an offence of aggravated robbery arising out of these facts. I understand that, at an early time, you offered to plead guilty with respect to charges of theft and common assault, but that was not initially accepted by the prosecution. After you were committed for trial to this Court with respect to the charge of aggravated robbery, the Crown determined to accept pleas of guilty to the present charges. As such, I accept that your pleas are early pleas and that they demonstrate a degree of remorse with respect to these offences.
You are 36 years old and I accept that you have a history of mental health issues and also drug abuse. However, there is nothing in the evidence before me to suggest that these offences are, in any way, connected with your history of drug use or any underlying mental health condition from which you may suffer.
I note that you were born in Canberra and that you are the younger of two children. You described to the author of the Pre Sentence Report a stable childhood. You reported that your family relocated to Queensland when you were a child and you resided there until 1993 when your parents separated. You then returned to Canberra with your mother. You continue to enjoy close relationships and regular contact with your immediate and extended family members. This, of course, is a significant factor that will assist in any process of rehabilitation.
Your relationship with your current partner has existed for approximately four years. You have three children, two of which are in the care of your mother. The third child is still in your care at the present time, although there has been some intervention by Family Services.
You currently reside in an ACT Government Housing property and you are able to remain there indefinitely.
Upon completion of Year 11 studies, you worked primarily in the hospitality industry before ceasing work for the birth of your children. You have been reliant on social assistance for approximately two years and your benefits preclude you from holding any employment.
I take into account the contents of the Report with respect to your alcohol and drug use and also your mental health issues. The author of the Report assessed you as at medium risk of general reoffending, primarily due to your mental health issues and demonstrated non-compliance with community-based supervision in the past. I understand that the supervision which is referred to in that regard is supervision which was required as part of the process for the preparation of the Pre Sentence Report. The Report indicates that your compliance was unsatisfactory and on two occasions reports were unable to be prepared in accordance with orders of this Court.
Objectively, I consider the assault offence to have been the more serious of the two offences. The production of a knife in the circumstances described in the Statement of Facts carried with it significant potential for harm. Thankfully, that did not occur.
I propose to reduce by approximately 25 percent the sentences that I would otherwise have imposed in order to reflect your pleas of guilty. You have, I am satisfied, reasonable prospects for rehabilitation, however, it is important that you continue to address your mental health issues and also drug abuse.
Sentence
With respect to the charge of assault, you will be convicted. You will be sentenced to three months’ imprisonment, which I have reduced from four months, in order to reflect your plea of guilty. That will be suspended forthwith and there will be a Good Behaviour Order for a period 12 months from today, with conditions:
(a)first, that you are to accept the supervision of ACT Corrective Services for that period of 12 months, or such lesser period as deemed appropriate by your supervising officer;
(b)secondly, that you undertake such assessments, counselling or programs as directed by ACT Corrective Services, particularly with respect to mental health and drug abuse; and
(c)thirdly, that you report to ACT Corrective Services within 48 hours.
With respect to the charge of theft, you will be convicted and there will be a Good Behaviour Order for a period of 9 months, which I have reduced from 12 months in order to reflect your plea of guilty. In light of the conditions that I have imposed with respect to the charge of assault, I will impose no further conditions on the Good Behaviour Order for the offence of theft, other than the core conditions.
Now, effectively, I have imposed two Good Behaviour Orders. One is part of the suspended sentence. On the offence of assault, I have sentenced you to three months’ imprisonment which will be suspended for that period of 12 months. If you commit no further offences within that 12-month period, and if you comply with the terms of the Good Behaviour Order which includes attending as and when you are directed by ACT Corrective Services, then at the end of the 12 months the matter will be concluded and there will be no need for you to serve that three-month term of imprisonment.
If, however, you are convicted of some further offence within that 12-month period, or alternatively, you do not comply with the conditions of the Good Behaviour Order, you will be brought back to this Court to be dealt with on a breach of that Good Behaviour Order, at which time you should expect that you will have to serve that three-month term of imprisonment.
The Pre Sentence Report refers to the fact that you showed poor compliance with the requirements of Corrective Services in the preparation of the Report. Let me just say to you, you must ensure that you comply strictly with the requirements of Corrective Services during the period of the Good Behaviour Orders that I have imposed, because, if you do not, you place yourself at jeopardy of having to serve that three months’ imprisonment.
| I certify that the preceding twenty [20] numbered paragraphs are a true copy of the Reasons for Sentence of his Honour Justice Burns. Associate: Date: 4 November 2015 |
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