SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Curtis (No 3) |
Citation: | [2017] ACTSC 101 |
Hearing Date: | 17 March 2017 |
Decision Date: | 27 April 2017 |
Before: | Refshauge J |
Decision: | 1. The conviction entered for Matthew Curtis on 16 December 2013 for the offence of assault occasioning actual bodily harm be confirmed. 2. The Good Behaviour Order made on 26 February 2016 for Matthew Curtis be cancelled. 3. Matthew Curtis be sentenced to 12 months imprisonment to commence on 13 October 2016 to take into account 4. That sentence be suspended on 27 April 2017 for 12 months. 5. Matthew 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 12 months on 27 April 2017 with: (a) a probation condition that he be under the supervision of the Director-General or her delegate for 12 months or such lesser period as the person supervising him considers appropriate and that him obey all reasonable directions of the person supervising him; (b) a community service condition that he perform 30 hours of community service work within 12 months; and (c) a condition that he contact Debra Howell, ACT Corrective Services by 4:00pm on 27 April 2017 to make arrangements for completion of the community service condition. 6. It be recommended that ACT Corrective Services regard the community service condition as a continuation of the condition under the cancelled Good Behaviour Order and not require Matthew Curtis to undertake any further induction. |
Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and punishment – sentencing – assault occasioning actual bodily harm – breach of a Good Behaviour Order – failure to complete community service induction or ordered hours – suspended sentence – new Good Behaviour Order made – community service condition |
Legislation Cited: | Crimes (Sentencing) Act2005 (ACT), ss 7, 12 Criminal Code 2002 (ACT), s 324 |
Cases Cited: | R v BO (No 3) [2016] ACTSC 175 |
Parties: | The Queen (Crown) Matthew Curtis (Defendant) |
Representation: | Counsel Ms J Campbell (Crown) Mr H Jorgensen (Defendant) |
| Solicitors ACT Director of Public Prosecutions (Crown) Legal Aid ACT (Defendant) | |
File Number: | SCC 92 of 2013 |
REFSHAUGE J:
It is well-known that the purposes of sentencing set out in s 7 of the Crimes (Sentencing) Act2005 (ACT) overlap, and the imposition of a sentence is the balancing of these purposes to achieve a just and adequate decision.
A sentence, however, is often not the end of the process, for…
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- R v Curtis (No 3) [2017] ACTSC 101
- Case
- [2017] ACTSC 101
- Decision Date
CaseChat Overview and Summary
The court confirmed Curtis’s conviction for assault occasioning actual bodily harm and cancelled the previous Good Behaviour Order. It sentenced him to 12 months imprisonment, which was to commence on 13 October 2016, with consideration for pre-sentence custody. The sentence was suspended for 12 months starting from 27 April 2017. The court imposed a new Good Behaviour Order with specific conditions, including a probation condition under the supervision of the Director-General or her delegate for a period of 12 months, a requirement to perform 30 hours of community service, and a mandate to contact ACT Corrective Services to arrange for the completion of community service. The court recommended that ACT Corrective Services treat the community service condition as a continuation of the previous order, thereby exempting Curtis from additional induction.
The court issued several orders, including the confirmation of the conviction, cancellation of the previous Good Behaviour Order, imposition of a suspended sentence, and the establishment of a new Good Behaviour Order with specific conditions. The court recommended that ACT Corrective Services consider the new community service condition as a continuation of the previous order, and not require Curtis to undergo any further induction. This decision ensures that the court’s orders are both just and practical, considering Curtis’s previous breach and the requirements of the law.
Orders
Orders of the court
1. The conviction entered for Matthew Curtis on 16 December 2013 for the offence of assault occasioning actual bodily harm be confirmed.
2. The Good Behaviour Order made on 26 February 2016 for Matthew Curtis be cancelled.
3. Matthew Curtis be sentenced to 12 months imprisonment to commence on 13 October 2016 to take into account
pre-sentence custody.
4. That sentence be suspended on 27 April 2017 for 12 months.
5. Matthew 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 12 months on 27 April 2017 with:
(a) a probation condition that he be under the supervision of the Director-General or her delegate for 12 months or such lesser period as the person supervising him considers appropriate and that him obey all reasonable directions of the person supervising him;
(b) a community service condition that he perform 30 hours of community service work within 12 months; and
(c) a condition that he contact Debra Howell, ACT Corrective Services by 4:00pm on 27 April 2017 to make arrangements for completion of the community service condition.
6. It be recommended that ACT Corrective Services regard the community service condition as a continuation of the condition under the cancelled Good Behaviour Order and not require Matthew Curtis to undertake any further induction.
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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