R v CR
[2021] ACTSC 93
SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v CR |
Citation: | [2021] ACTSC 93 |
Hearing Date: | 14 May 2021 |
DecisionDate: | 14 May 2021 |
Before: | Murrell CJ |
Decision: | On Counts 1 and 4, re-sentenced to 12 months’ and three months’ imprisonment, fully suspended on entering 12-month good behaviour orders with additional conditions. On Counts 5 to 7, breach noted but no further action taken. |
Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – Breach of good behaviour order – Re-sentence – Young person – Joint commission aggravated robbery – Dishonestly ride in motor vehicle – Common assault – Minor theft – Fail to stop for police – Unlicenced driver |
Cases Cited: | R v QH; R v CR [2020] ACTSC 178 |
Parties: | The Queen ( Crown) CR ( Young Person) |
Representation: | Counsel C Daly ( Crown) J de Bruin ( Young Person) |
| Solicitors ACT Director of Public Prosecutions ( Crown) Legal Aid ACT ( Young Person) | |
File Numbers: | SCC 94, 95 of 2020 |
MURRELL CJ:
Introduction
On 7 July 2020, I sentenced the young person for offences committed during a disturbance at the Bimberi Youth Justice Centre on 26 August 2019: R v QH; R v CR [2020] ACTSC 178. I imposed the following sentences.
(a)Count 1: joint commission of aggravated robbery—14 months’ imprisonment (reduced from 18 months’ imprisonment), from 11 August 2020 to 10 October 2021, suspended from 24 August 2020 on entering into a good behaviour order until 24 February 2022.
(b)Count 2: damage property—$300 fine.
(c)Count 3: aid attempt to escape—three months’ imprisonment (reduced from four months’ imprisonment) from 11 April 2020 to 10 July 2020.
(d)Count 4: dishonestly ride in motor vehicle—three months’ imprisonment (reduced from four months’ imprisonment) from 11 June 2020 to 10 September 2020, suspended from 24 August 2020 on entering into a good behaviour order until 24 February 2021.
(e)Count 5: common assault—six-month good behaviour order.
(f)Count 6: common assault—12-month good behaviour order.
(g)Count 7: common assault—12-month good behaviour order.
(h)Count 8: unlawful possession of stolen property—$100 fine.
(i)Count 9: interfere with fire extinguisher—$300 fine.
Relevantly, on Counts 1 and 4, I imposed suspended sentences and associated good behaviour orders that were current as at 17 November 2020, and Counts 5 to 7 resulted in good behaviour orders that were current as at 17 November 2020.
On 17 November 2020, the young person breached his good behaviour obligations by committing offences for which, on 22 April 2021, he was sentenced by Magistrate Cook in the Childrens Court. His Honour imposed the following sentences.
(a)Minor theft—$300 fine.
(b)Failing to stop motor vehicle for police—five months' imprisonment, from 17 November 2020 to 16 April 2020.
(c)Unlicenced driver—one month’s imprisonment, from 17 November 2020 to 16 December 2020.
In relation to the breach, the young person spent 18 days on remand from 16 April to 4 May 2021, not referable to the sentences imposed by Magistrate Cook. On 4 May 2021, he was granted bail.
Facts of the breach
At about 5 AM on 17 November 2020, the young person drove a vehicle into a service station in Dickson, entered the associated store, removed food with a total value of $20, and left without attempting to pay.
Police followed the vehicle that he was driving and observed it to enter an intersection against a red light. Police attempted to stop the vehicle using stop sticks and emergency lights and sirens, but the vehicle failed to stop. The young person drove the vehicle a significant distance before abandoning it and running away.
At about 5:45 AM, police located the young person and arrested him. He has never held a licence to drive.
Consideration
In relation to the good behaviour orders associated with suspended sentences, the Court must cancel the good behaviour order and either impose the suspended sentence or re-sentence the young person for the offence.
The following considerations are relevant to determining an appropriate penalty for the breach of suspended sentence good behaviour obligations, and they are also relevant in relation to the breaches of good behaviour orders that were not associated with a suspended sentence.
The breach offences occurred about three months after the young person was released on a raft of good behaviour orders.
The breach incident demonstrates a disregard of the obligations to be of good behaviour, but the young person's lack of judgment must be seen in the context of his youth.
The young person has breached good behaviour orders in the past, including breach of a suspended sentence for aggravated robbery and associated matters, the breach date being March 2019.
The offences committed on 17 November 2020 differed from those committed during the disturbance in August 2019. The breach offences of minor theft and unlicensed driver were relatively minor, but the offence of failing to stop the motor vehicle was of some significance.
When sentencing in July 2020, I noted that, since March 2020, there had been a marked behavioural change on the part of the young person who seemed to be engaging in supervision and wanted to prove himself. He “fell off the rails” between August and November 2020, and apparently lost his motivation to continue on a path to improvement during that period.
At the hearing before Magistrate Cook on 22 April 2021, a child and youth protection worker gave evidence that the young person was not given the benefit of supervision following his release from Bimberi in August 2020 and was not supervised by Child and Youth Protection Services at any time between August and November 2020.
Following his remand in custody at Bimberi from 17 November 2020 to April/May 2021, he was highly engaged and attended all appointments. He participated in a Changing Habits and Reaching Targets program, incurred no breaches, and progressed almost to a Level 3 in behaviour at Bimberi. He was working towards completion of Year 11 and aspired to complete Year 12 and secure an apprenticeship.
Recently, the young person has engaged in sports, including basketball and chess. He has engaged with mental health services.
The custodial period of 18 days from 16 April to 4 May 2021 served the purpose of punishment referable to the disturbance offences.
The sentences that were imposed for the breach offences were substantial.
I am satisfied that the young person has reasonably good prospects of rehabilitation but does require supervision in order to maximise those prospects. Although he is almost 18 years old, he is still a young person. Rehabilitation is the primary sentencing purpose.
Sentence
I find that the breaches are established in relation to Counts 1, 4, 5, 6 and 7.
The good behaviour orders associated with Counts 1 and 4 are cancelled, and I re-sentence the young person as follows.
(a)Count 1—12 months’ imprisonment, from 14 May 2021 to 13 May 2022.
(b)Count 4—three months’ imprisonment, from 14 May 2021 to 13 August 2021.
Both sentences are fully suspended on the young person entering 12-month good behaviour orders, which are subject to the following additional conditions:
(a)accept the supervision of the Director-General of Child and Youth Protection Services for a period of at least six months and for such further period (within the period of the good behaviour orders), as is deemed appropriate by the Director-General; and
(b)report to Child and Youth Protection Services by 4 PM on 14 May 2021.
In relation to Counts 5 to 7, I note the breaches, but take no further action.
| I certify that the preceding twenty-four [24] numbered paragraphs are a true copy of the Reasons for Sentence of her Honour Chief Justice Murrell. Associate: Date: |