SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Curtis (No 2) |
Citation: | [2016] ACTSC 34 |
Hearing Date: | 26 February 2016 |
Decision Date: | 26 February 2016 |
Before: | Refshauge J |
Decision: | 1. The good behaviour order made on 16 December 2013 be cancelled. 2. Mr Curtis be re-sentenced. 3. The conviction of the offence of assault occasioning actual bodily harm committed on 1 June 2013 (CC 13/4636) be confirmed 4. Mr Curtis be sentenced to twelve months imprisonment to commence on 15 August 2015 to take into account pre-sentence custody. 5. The sentence be suspended today for eighteen months. 6. Mr Curtis be required to sign an undertaking to comply with the offender’s good behaviour obligations under the Crimes (Sentence Administration) Act 2005 (ACT) for a period of eighteen months with the following conditions: (a) a probation condition that he be subject to the supervision of the Director-General or her delegate for eighteen months or such lesser period as the person supervising him determines is appropriate and he obey all reasonable directions of the person delegated to supervise him especially as to counselling or treatment for mental health and abuse of alcohol and other drugs; (b) that he perform forty hours of community service work within eighteen months from today. (c) that he complete an induction course for the community service work within two weeks from today, 26 February 2016. (d) that he attend at ACT Corrective Services, Eclipse House, by close of business today, 26 February 2016. |
Catchwords: | CRIMINAL LAW – Jurisdiction, practice and procedure – judgment and punishment – sentencing – re-sentence – assault occasioning actual bodily harm – breach of Good Behaviour Order – re-offending – possessing goods reasonably suspected of being stolen – obtaining property by deception – community service work |
Legislation Cited: | Crimes Act 1900 (ACT), ss 24, 209 Crimes (Sentencing) Act 2005 (ACT), ss 7, 33 Criminal Code 2002 (ACT), ss 326, 334 |
Cases Cited: | Ledson v Taylor [2010] ACTSC 42 |
Parties: | The Queen (Crown) Matthew Curtis (Defendant) |
Representation: | Counsel Ms S McMurray (Crown) Mr R Davies (Defendant) |
| Solicitors ACT Director of Public Prosecutions (Crown) Legal Aid ACT (Defendant) | |
File Number: | SCC 92 of 2013 |
REFSHAUGE J:
On 1 June 2013, Matthew Curtis assaulted a woman with whom he was then in a relationship. He punched her a number of times, causing her bruising. He was charged with assault occasioning actual bodily harm, an offence against s 24 of the Crimes Act 1900 (ACT), which attracts a maximum penalty of five years imprisonment.
On 11 October 2013, he entered a plea of guilty and I sentenced him to twelve months imprisonment, suspended that day, and made a Good Behaviour Order with a probation condition for two years: see R v Curtis [2013] ACTSC 291.
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- R v Curtis (No 2) [2016] ACTSC 34
- Case
- [2016] ACTSC 34
- Decision Date
CaseChat Overview and Summary
The court noted that Mr Curtis had a history of re-offending and had breached a Good Behaviour Order which required him to refrain from possessing goods reasonably suspected of being stolen and to not obtain property by deception. The court also highlighted that Mr Curtis had been in custody since his arrest on 23 December 2015, and the original sentence did not adequately address the seriousness of his re-offending and the breach of the Good Behaviour Order. The court concluded that the original sentence was manifestly inadequate and required reconsideration.
Accordingly, the court cancelled the Good Behaviour Order made on 16 December 2013, confirmed the conviction for the assault occasioning actual bodily harm, and re-sentenced Mr Curtis. The court imposed a sentence of twelve months imprisonment, to commence on 15 August 2015, taking into account the time spent in pre-sentence custody. The sentence was suspended for eighteen months, during which Mr Curtis must comply with various conditions, including probation supervision, counselling, and forty hours of community service work. The court also required Mr Curtis to sign an undertaking to comply with the good behaviour obligations under the Crimes (Sentence Administration) Act 2005 (ACT) for eighteen months.
Orders
Orders of the court
1. The good behaviour order made on 16 December 2013 be cancelled.
2. Mr Curtis be re-sentenced.
3. The conviction of the offence of assault occasioning actual bodily harm committed on 1 June 2013 (CC 13/4636) be confirmed
4. Mr Curtis be sentenced to twelve months imprisonment to commence on 15 August 2015 to take into account pre-sentence custody.
5. The sentence be suspended today for eighteen months.
6. Mr Curtis be required to sign an undertaking to comply with the offender’s good behaviour obligations under the Crimes (Sentence Administration) Act 2005 (ACT) for a period of eighteen months with the following conditions:
(a) a probation condition that he be subject to the supervision of the Director-General or her delegate for eighteen months or such lesser period as the person supervising him determines is appropriate and he obey all reasonable directions of the person delegated to supervise him especially as to counselling or treatment for mental health and abuse of alcohol and other drugs;
(b) that he perform forty hours of community service work within eighteen months from today.
(c) that he complete an induction course for the community service work within two weeks from today, 26 February 2016.
(d) that he attend at ACT Corrective Services, Eclipse House, by close of business today, 26 February 2016.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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