R v Cox

[2015] ACTSC 184

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Cox

Citation:

[2015] ACTSC 184

Hearing Date(s):

7 April 2015, 24 June 2015

DecisionDate:

2 July 2015

Before:

Burns J

Decision:

See [4]-[5]

Category:

Sentence

Catchwords:

CRIMINAL LAW – Sentence – particular offences – contravening a protection order – breach of good behaviour order.

Parties:

The Queen (Crown)

Stewart John Cox (Offender)

Representation:

Counsel

Ms J Campbell (Crown)

Mr R Davies (Offender)

Solicitors

ACT Director of Public Prosecutions (Crown)

Legal Aid ACT (Offender)

File Numbers:

SCC 118A of 2009; 118B of 2009; 72 of 2015

BURNS J:

1. Stewart John Cox, you appear before me for sentence with respect to one offence of contravening a protection order, but also, consequentially, for breaching a number of good behaviour orders. 

1. I accept that the circumstances surrounding the offence of breaching a protection order reveal an offence which is not a particularly serious offence within the ambit of offences that fall within that description.  The difficulty, of course, is that you, Mr Cox, have a very significant criminal history, and particularly for offences of breaching court orders. 

1. I note that you are subject to an aggregate term of imprisonment of five years and seven months, which was suspended upon you entering into good behaviour orders in relation to particularly serious offences. It is those offences, and the sentences for those offences, which come before me on the breach matters.  I have determined to proceed by way of recording a conviction for the contravene protection order matter.  That means that you are now in breach of those good behaviour orders.  I cancel those good behaviour orders.

1. In my opinion, you should be required to serve the sentences which were imposed as part of those good behaviour orders, but I will backdate the commencement date of those sentences to take into account time which has been served so that those sentences, which, as I have indicated, aggregate to five years and seven months, will commence on 10 January 2012.  I will impose a sentence of two months’ imprisonment with respect to the offence of contravening a protection order, of which one month will be served consecutively upon the aggregate sentence for the breach matters. 

1. That means that you are now liable to serve a term of five years and eight months’ imprisonment commencing on 10 January 2012 and expiring on 9 September 2017.  There will be a non-parole period commencing on 10 January 2012 and expiring today, 2 July 2015. 

1. Mr Cox, that does not mean that you are eligible for release immediately or that you will be released immediately.  What it means is that you are eligible to apply for parole immediately.  You are really going to have to do something about addressing those issues that are likely to lead you into further offending, and particularly substance abuse, when you get out of prison, because otherwise, if you breach your parole orders, you will simply be immediately arrested and the Parole Board can revoke your parole and immediately return you to prison.

I certify that the preceding six [6] numbered paragraphs are a true copy of the Reasons for Sentence of his Honour Justice Burns.

Associate:

Date: 21 July 2015