R v Curtis (No 2)

[2016] ACTSC 34

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
Crimes (Sentence Administration) Act 2005 (ACT), ss 86(1)(a), 110, Pt 6.5

Criminal Code 2002 (ACT), ss 326, 334

Cases Cited:

Guy v Anderson [2013] ACTSC 5

Ledson v Taylor [2010] ACTSC 42
R v Curtis [2013] ACTSC 291
R v Kekalainen (No 2) [2015] ACTSC 369
Saga v Reid [2010] ACTSC 59

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:

1. 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.

1. 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.

1. On…