R v DD

[2014] ACTSC 348

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v DD

Citation:

[2014] ACTSC 348

Hearing Date:

29 October 2014

DecisionDate:

6 November 2014

Before:

Penfold J

Decision:

See [14] and [15] below

Category:

Sentence

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – 19-year-old man in breach of good behaviour order made when sentence of 27 months imprisonment for aggravated robbery was suspended after being partly served in custody – breaches involved further offending and breach of some supervision conditions of order – offender’s disadvantaged background including lack of father-figure – significance of alcohol and drug abuse in offender’s offending – offender now engaging with drug rehabilitation and about to enter residential rehabilitation program under Magistrates Court sentencing process – offender re-sentenced to 27 months imprisonment, backdated to take account of total of 15 months already spent in custody in respect of aggravated robbery offence – sentence again suspended subject to 12‑month good behaviour order.

Legislation Cited:

Crimes (Sentence Administration) Act 2005 (ACT)

Parties:

The Queen (Crown)

DD (Offender)

Representation:

Counsel

Mr S McLaughlin (Crown)

Mr J Sabharwal (Offender)

Solicitors

ACT Director of Public Prosecutions (Crown)

Aboriginal Legal Service (NSW/ACT) Ltd (Offender)

File Numbers:

SCC 19 of 2012; SCC 20 of 2012; SCC 175 of 2013

Publication Restriction:

Offender’s name and identifying features

Introduction

1. DD is before me to be dealt with for breaches of the good behaviour order that I made in November 2013, in conjunction with suspending the outstanding period of a sentence of two years and three months for an aggravated robbery committed in 2011.  The sentence was originally handed down in June 2012 and was suspended on 29 November 2012 with 15 months left to serve, subject to a two-year good behaviour order.

Background

1. On 12 November 2013, I sentenced DD for two aggravated burglaries and associated thefts.  Those offences were committed before the 2011 aggravated robbery, and were not in breach of the 2012 good behaviour order, but DD had in fact breached that earlier good behaviour order by non-compliance with its residence and curfew conditions, as well as by committing several further offences that were dealt with in the Magistrates Court. 

1. Because of those other breaches, I cancelled the 2012 good behaviour order and re-sentenced DD for the aggravated robbery. The end result of that sentencing was that only the aggravated robbery sentence remained outstanding, and it was re-imposed and again suspended, still with 15 months left to serve, and this time subject to an 18-month good behaviour order. 

1. Since then, DD has breached that most recent good behaviour order by further offending, the first offence having been committed less than a week after he was released on the good behaviour order.

1. In the Magistrates Court, DD has been dealt with for the following offences: 

(a)an affray committed on 17 November 2013;

(b)an attempted take motor vehicle without consent committed on 27 November 2013;

(c)a minor theft committed on 31 January this year;

(d)a fail to appear…