R v Edwards
[2014] ACTSC 198
•22 July 2014
SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Edwards |
Citation: | [2014] ACTSC 198 |
Hearing Date: | 22 July 2014 |
DecisionDate: | 22 July 2014 |
Before: | Penfold J |
Decision: | See [7]. |
Category: | Sentence |
Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – breach of good behaviour order made when suspending sentence of 12 months imprisonment for assault occasioning actual bodily harm – breach constituted by driving while disqualified – offence not a violent offence – offender served six weeks full-time custody for driving while disqualified – no need at this stage to impose suspended sentence for assault – offender re-sentenced to 12 months imprisonment and 12-month good behaviour order. |
Legislation Cited: | Crimes (Sentence Administration) Act 2005 (ACT), s 110 |
Parties: | The Queen (Crown) Mark John Edwards (Offender) |
Representation: | Counsel: Mr D Sahu Khan (Crown) Mr M Kamarul (Offender) |
| Solicitors: ACT Director of Public Prosecutions (Crown) Legal Aid (ACT) (Offender) | |
File Number: | SCC 44 of 2011 |
In November 2012, I sentenced Mark Edwards, for an assault on his partner occasioning actual bodily harm, to 12 months imprisonment, backdated to take account of 23 days time served and suspended subject to a two‑year good behaviour order with a $500 surety.
In September 2013 Mr Edwards, as a repeat offender, drove while disqualified. He has a poor record in this area, having been sentenced for driving disqualified on several previous occasions.
On 27 May this year, he was sentenced to six weeks full-time custody for that offence, which he has now served. That conviction put him in breach of the good behaviour order that I made in November 2012. Under s 110 of the Crimes (Sentence Administration) Act 2005 (ACT), I must cancel the good behaviour order and either impose the original sentence or re-sentence Mr Edwards. When I imposed the good behaviour order in 2012, I told Mr Edwards that if any new offence was another violent offence, he might find himself serving some or all of the rest of the 12‑month sentence in full‑time custody.
In fact, the new offence is not a violent offence, although it is not a trivial offence either. Furthermore, Mr Edwards has now served six weeks imprisonment for the new offence. There are before me letters from Mr Edwards’ father, referring to his employment as a labourer and his study plans in the hope of becoming a veterinary assistant, and from Mr Edwards’ partner, the complainant in the offence for which I sentenced Mr Edwards, who describes a better functioning family and a relationship between her and Mr Edwards of mutual respect and trust.
Accordingly, I see no need to impose the suspended part of my earlier sentence. On the other hand, since Mr Edwards did not manage to keep out of trouble, even for a period equivalent to the suspended sentence, I propose to re-sentence him in similar terms, but this time to a 12‑month good behaviour order in connection with suspending the sentence. In doing so, I note:
(a)that under a re-sentence by the Magistrates Court in respect of an earlier offence, Mr Edwards will in any case be subject to a two‑year good behaviour order from 27 May 2014; and
(b)that he is disqualified from driving for the same two‑year period.
Mr Edwards, please stand.
I note your conviction on the charge of assault occasioning actual bodily harm that was recorded on 22 November 2012. I also note your conviction on a drive while disqualified charge recorded on 27 May 2014, which puts you in breach of the good behaviour order I made in suspending the 12‑month sentence for the assault. I now cancel that good behaviour order and re-sentence you to imprisonment for 12 months, backdated to take account of 23 days in custody. The sentence will again be immediately suspended and again, I order you to sign an undertaking to comply with your good behaviour obligations under the Crimes (Sentence Administration) Act for 12 months with security in the amount of $500. In doing so, I order that the security under the earlier good behaviour order not be enforced. The good behaviour order will be subject to the core conditions only.
You will be given a written copy of that order, and it will be read to you by court officials. But in short, it means that for the next 12 months, you need to stay out of trouble. If you commit another offence during the next 12 months, Mr Edwards, or if you don’t comply with the other good behaviour order’s core conditions, you may find yourself back before this court yet again to be re-sentenced for the assault offence, as well as possibly losing your $500. And as I said to you last time, if any new offence were another violent offence, then even then you could find yourself serving some or all of the rest of this 12‑month sentence in full‑time custody.
Mr Edwards, I’m pleased to hear that your relationship is now so good. That is extremely important in all sorts of ways, but you obviously still need to concentrate on keeping right out of trouble with the law in general.
You may sit down.
| I certify that the preceding ten [10] numbered paragraphs are a true copy of the Reasons for Sentence of her Honour Justice Penfold. Associate: Date: |
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