R v Degioannis

[2014] ACTSC 240

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Degioannis

Citation:

[2014] ACTSC 240

Hearing Date:

1 September 2014

DecisionDate:

1 September 2014

Before:

Burns J

Decision:

See [4] – [5]

Category:

Sentence

Catchwords:

CRIMINAL LAW – Sentence – breach of good behaviour order – cancellation of good behaviour order and resentence

Legislation Cited:

Crimes (Sentence Administration) Act 2005 (ACT)

Parties:

R (Crown)

Shannon Degioannis (Offender)

Representation:

Counsel

Ms Saikal (Crown)

Ms Hayunga (Offender)

Solicitors

ACT Director of Public Prosecutions (Crown)

Legal Aid ACT (Offender)

File Number(s):

SCC 198 of 2011

Burns J:

1. Mr Degioannis, you appear before me today with respect to a breach of a good behaviour order which I imposed as part of a suspended sentence on 16 July 2012.  At that time you were sentenced to 12 months' imprisonment, commencing on 16 July 2012 and ending 15 July 2013.  That sentence was to be wholly suspended and you were required to enter into a good behaviour order, self in the sum of $1,000.00, to be of good behaviour for a period of two years, commencing on 16 July 2012 and expiring on 15 July 2014.

1. On 6 January this year you committed an offence of minor theft which related to the theft of two pairs of jeans.  Subsequently, on 9 May this year you committed an offence of failing to appear in accordance with a bail undertaking.  You were sentenced to terms of imprisonment that commenced on 23 June 2014.  I understand that you essentially completed a period of seven weeks' imprisonment.  At least one of those sentences imposed was partially suspended, and you are currently on a good behaviour order until 2015.

1. It is accepted that the commission of the offences on 6 January and 9 May this year constitute breaches of the good behaviour order which I imposed on 16 July 2012.  I am obliged, pursuant to the provisions of the Crimes (Sentence Administration) Act2005 (ACT) to cancel the good behaviour order which I imposed in July 2012 and either to impose the sentence, which was at that time suspended, or to resentence you.

1. I have taken into account all of the material that has been put before me.  In particular, I have taken into account the fact that these breaches occurred towards the end of the two-year period of the good behaviour order which I imposed.  For that reason, I intend to take the second course which I indicated was available to me, being the cancellation of the good behaviour order and resentencing.  The good behaviour order of 16 July 2012 is cancelled.  You will be sentenced to a term of 12 months' imprisonment commencing on 23 June 2014 and expiring on 22 June 2015, of which the period from 23 June 2014 until 8 August 2014 is to be served by way of full‑time imprisonment, with the balance suspended. 

1. There will be a good behaviour order for a period of 12 months, commencing on 23 June 2014 and expiring 22 June 2015, with conditions first that you are to accept the supervision of ACT Corrective Services and obey all reasonable directions of officers of that service for that period of 12 months or such lesser period as deemed appropriate by your supervising officer.  Secondly you are to undertake any assessments, counselling, treatment and programs in relation to drug abuse as directed.  Thirdly you are to be subject to urinalysis drug screening and/or blood tests as directed.  Fourthly you are to undertake any psychological assessments, counselling, treatment and programs as directed.  Finally, you are to complete 100 hours of community service within a period of 12 months, as directed by an officer of the ACT Corrective Services, and you are to report to Corrective Services within 48 hours in order to allow the community service order to commence.

I certify that the preceding five [5] numbered paragraphs are a true copy of the Reasons for Sentence of his Honour Justice Burns.

Associate:

Date: 17 September 2014