R v Feeney

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Feeney

Citation:

[2015] ACTSC 88

Hearing Date:

20 March 2015

DecisionDate:

20 March 2015

Before:

Murrell CJ

Decision:

Re-sentenced to the rising of the Court for each offence

Category:

Sentence

Catchwords:

CRIMINAL LAW – Sentence – re-sentence – breach of good behaviour order

Legislation Cited:

Bail Act 1992 (ACT) s 49(1)

Criminal Code 2002 (ACT) ss 44(1), 308, 323(1)
Road Transport (Driver Licensing) Act 1999 (ACT) s 31(2)

Criminal Code Act 1995 (Cth) sch s 149.1(1)

Parties:

The Queen (Crown)

Robert John Feeney (Offender)

Representation:

Counsel

Ms P Burgoyne-Scutts (Crown)

Mr J O’Keefe (Offender)

Solicitors

ACT Director of Public Prosecutions (Crown)

John O’Keefe (Offender)

File Number:

SCC 456 of 2008

Murrell CJ:

Subject Offences and Good Behaviour Order

1. The offender is before the Court for breach of a good behaviour order imposed on 11 September 2012.

1. The matter has a very long history. On 14 January 2008 he committed the following offences:

(a)make off without payment, contrary to s 323(1) of the Criminal Code 2002 (ACT) (the Criminal Code) (failing to pay for fuel in the sum of $57); and

(b)unlicensed driver- licence never held, contrary to s 31(2) of the Road Transport (Driver Licensing) Act 1999 (ACT).

1. On 17 August 2008 he committed three further offences:

(a)attempt theft (attempting to remove a small amount of cash from a cash drawer in a shop), contrary to s 308 (by virtue of s 44(1)) of the Criminal Code;

(b)fail to appear on bail undertaking in respect of that matter, contrary to s 49(1) of the Bail Act 1992 (ACT); and

(c)intimidate Commonwealth public official (drawing a pair of metal scissors when approached by police in respect of the attempt theft), contrary to s 149.1(1) of the schedule to the Criminal Code Act 1995 (Cth).

1. The offender came before Higgins CJ on 26 March 2010. His Honour imposed sentences of between one month and six months imprisonment for these offences. A six month sentence was imposed for the attempt theft and a one month sentence was imposed for the offence of fail to appear after bail undertaking. The effective total sentence was 11 months imprisonment. That was to be backdated to 15 November 2009 to allow for periods spent in custody. The remainder of the sentence was immediately suspended upon the offender entering into a good behaviour order for a period of three years.

1. Shortly thereafter, in 2010, the offender committed a raft of further dishonesty matters in Western Australia, where he had gone for the purpose of engaging in drug rehabilitation. The attempt at rehabilitation was unsuccessful.

1. The fresh offences constituted a breach of the good behaviour order imposed 26 March 2010. He was extradited back to the ACT, and on 11 September 2012 came before Higgins CJ for re-sentencing. His Honour re-imposed the original sentences. The sentences were backdated 218 days, to 6 February 2012. This was for the purpose of taking into account the time…