R v Ennis

[2016] ACTSC 72

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Ennis

Citation:

[2016] ACTSC 72

Hearing Date:

4 April 2016

DecisionDate:

4 April 2016

Before:

Refshauge J

Decision:

1.              The conviction of the assault occasioning actual bodily harm on 24 October 2010 is confirmed. 

2.              The Good Behaviour Order made on 24 October 2010 and extended on 17 April 2012 is cancelled. 

3.              Mr Ennis is re-sentenced. 

4.              Mr Ennis required to sign an undertaking to comply with the offender's good behaviour obligations for a period of two years from today, 4 April 2016 with no other conditions. 

5.              Mr Ennis is required to pay a fine of $500 and allowed four months to pay. 

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE and PROCEDURE – Judgment and Punishment – Sentencing – breach of Good Behaviour order by re-offending – actual bodily harm – common assault – family violence – Good Behaviour Order expired – Good Behaviour Order cancelled – re-sentencing

Legislation Cited:

Crimes (Sentence Administration) Act 2005 (ACT), ss 33, 107, 108

Cases Cited:

R v Ennis (Unreported, Supreme Court of the Australian Capital Territory, Acting Justice Nield, 17 April 2012, SCC 7 of 2011)

R v Ennis [2014] ACTSC 369
R v Curtis (No 2) [2016] ACTSC 34
Saga v Reid [2010] ACTSC 59

Parties:

The Queen (Crown)

Joseph Ennis (Defendant)

Representation:

Counsel

Mr D Sahu-Khan (Crown)

Mr D Johns (Defendant)

Solicitors

ACT Director of Public Prosecutions (Crown)

Legal Aid ACT (Defendant)

File Number:

SCC 7 of 2011

REFSHAUGE J:

The facts

1. On 24 October 2010, Mr Ennis was involved with an altercation with his partner, as a result of which he was charged with assault occasioning actual bodily harm.  He appeared before Nield AJ on 17 April 2012, when his Honour made a Good Behaviour Order for two years with a condition to perform 100 hours of unpaid community service work that was said to be able to "bring home" to the offender the fact that the court and the community regard instances of domestic violence very seriously. See R v Ennis (Unreported, Supreme Court of the Australian Capital Territory, Acting Justice Nield, 17 April 2012, SCC 7 of 2011) (R v Ennis). 

1. Mr Ennis complied with the Good Behaviour Order but did not complete the community service work and, on 4 November 2014, I dealt with him for a breach for the failure to complete community service work. See R v Ennis [2014] ACTSC 369 (R v Ennis [2014]).  He had, at that stage, 84 hours left uncompleted of the 100 hours, even though well over two years had lapsed since the order had originally been made.

1. In order to mark the seriousness of the offence, I added a further eight hours to the community service work order and, on 6 February 2015, ACT Corrective Services certified that he had completed the community service work.  I also extended the term of the Good Behaviour Order for 12 months, to end on 4…