R v Forrest

Case [2016] ACTSC 321


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Forrest

Citation:

[2016] ACTSC 321

Hearing Date:

29 September 2016

DecisionDate:

Reasons Date:

29 September 2016

28 November 2016

Before:

Refshauge ACJ

Decision:

Michael Paul Forrest be referred to restorative justice

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Restorative justice – explanation of restorative justice – referral for restorative justice – consideration – reasons for referring offender to restorative justice

STATUTE – INTERPRETATION – Crimes (Restorative Justice) Act 2004 (ACT) – ‘relates to’ – ‘relates to money and property’ – ‘eligible victim’ – ‘capable’ – division of offences into serious and less serious offences – ‘eligible offender’– suitability – referring entity – explanation of restorative justice to eligible offender – ‘accepting responsibility’ – relevant consideration for sentencing

Legislation Cited:

Crimes Act 1900 (ACT), Pt 3

Crimes (Restorative Justice) Act 2004 (ACT), ss 8, 12, 17, 19, 20(2), 22, 24, 25, 27, 28, 30, Pt 4, Pt 7
Crimes (Sentencing) Act 2005 (ACT), s 33, 33(1)(w), Pt 4.3
Crimes (Sentencing and Restorative Justice) Amendment Act 2016 (ACT)
Criminal Code 2002 (ACT), s 308, 310, 311, 312, 313, 318(1), 403
Domestic Violence and Protection Orders Act 2008 (ACT), ss 13(2), 90, Sch 1
Legislation Act 2001 (ACT), s 42
Victims of Crime Act 1994 (ACT), s 6

Explanatory Statement, Crimes (Restorative Justice) Bill 2004 (ACT)

Cases Cited:

Cameron v The Queen [2002] HCA 6; 209 CLR 339

Della-Vedova v The Queen [2009] NSWCCA 107
Fares v Longmore (1998) 148 FLR 255
Fusimalohi v The Queen [2012] ACTCA 49
Hogan v Hinch (2011) 243 CLR 506
Johnson v The Queen [2016] NZCA 144
Joye v Beach Petroleum NL (1996) 67 FCR 275
R v Ardler [2004] ACTCA 4;  144 A Crim R 552
R v Goodwin [2009] ACTSC 111; 233 FLR 473
R v McCurley [2016] ACTSC 219

Texts Cited:

Michael King et al, Non-Adversarial Justice (Federation Press, 2nd ed, 2014)

Don Weatherbourn and Megan Macadam, ‘A Review of Restorative Justice Responses to Offending’ (2013) 1 Evidence Base

Parties:

The Queen (Crown)

Michael Paul Forrest (Accused)

Representation:

Counsel

Mr M Fernandez (Crown)

Mr J De Bruin (Accused)

Solicitors

ACT Director of Public Prosecution (Crown)

Legal Aid ACT (Accused)

File Number:

SCC 128 of 2016

REFSHAUGE ACJ:

  1. On 5 August 2016, the accused, Michael Paul Forrest, was arraigned on an indictment containing 37 counts, being 12 counts of theft, 11 counts of causing damage to property belonging to someone else, eight counts of burglary, one count of aggravated burglary, two counts of dishonestly receiving stolen property, two counts of dishonestly taking and using a motor vehicle without the owner’s consent, and one count of aggravated robbery.

  1. The matter has been listed for sentence on 15 February 2017.

  1. Mr Forrest requested that the offences to which he has pleaded guilty be referred for restorative justice.

Restorative justice

  1. In 2004, the ACT Legislative Assembly enacted the Crimes (Restorative Justice) Act 2004 (ACT) establishing a regime for the referral…

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AGLC
R v Forrest [2016] ACTSC 321
Case
[2016] ACTSC 321
Decision Date

CaseChat Overview and Summary

The matter in question involved a defendant, Michael Paul Forrest, who was before the court on criminal charges. The nature of the dispute centred on the appropriate sentencing approach, specifically whether the defendant should be referred to restorative justice as a part of his sentence. The case was heard in the Magistrates Court of the Australian Capital Territory. The court had to determine whether the referral to restorative justice was appropriate under the provisions of the Crimes (Restorative Justice) Act 2004 (ACT).

The legal issues before the court involved interpreting and applying the provisions of the Crimes (Restorative Justice) Act 2004 (ACT). The court needed to assess if the offence committed by Forrest "related to money and property" and whether Forrest was an "eligible offender" who could be referred to restorative justice. Additionally, the court had to consider the suitability of Forrest for restorative justice, including whether he was "capable" of accepting responsibility for his actions. The court also needed to ensure that the referring entity had adequately explained the concept of restorative justice to Forrest.

In determining the appropriate sentence, the court found that the offence did indeed relate to money and property, making Forrest eligible for referral to restorative justice. The court considered that Forrest was capable of accepting responsibility, which was a relevant factor for sentencing. The court also found that referring Forrest to restorative justice would be in the interests of justice, given the nature of the offence and Forrest's potential to benefit from the process. The court concluded that the referral was appropriate and ordered that Michael Paul Forrest be referred to restorative justice as part of his sentence.

Orders

Orders of the court

Michael Paul Forrest be referred to restorative justice

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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