SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Forrest (No 2) |
Citation: | [2017] ACTSC 83 |
Hearing Date: | 15 February 2017 |
DecisionDate: | 6 March 2017 |
Before: | Refshauge J |
Decision: | 1. Michael Paul Forrest be convicted of each of the offences to which he pleaded guilty on 5 August 2016 and 15 February 2017. 2. Michael Paul Forrest not be sentenced for these offences at this time and be released on bail under the Bail Act 1992 (ACT) from 7 March 2017 to appear in this Court at 9:30am on Tuesday 20 February 2018 to be sentenced for the offences of which he has been convicted on the following conditions: (a) That he accept supervision of the Director-General or her delegate and obey all reasonable directions of the person supervising him including as to treatment for mental impairment and drug addiction. (b) That he be released into the company of an employee of the Karralika Therapeutic Community and accompany that person to the Karralika Therapeutic Community for the purposes of treatment in the Community Rehabilitation Program. (c) That he remain in the Program, except for approved absences or absences to attend Court, and obey all reasonable directions of the person in charge of the Program. (d) That for any reason he is not admitted to the Karralika Therapeutic Community, or is discharged from that Program or leaves that Program, he report to the Officer-in-Charge of Tuggeranong Police Station within four hours to have his bail reviewed. (e) That he authorise the person in charge of the Program to supply any information about his treatment and progress as may reasonably be required by the person supervising him. (f) That he consent to the provision by his lawyer of the Report of Dr Danielle Clout, dated 7 December 2016, being provided to the Director of ACT Corrective Services and the person-in-charge of the Karralika Therapeutic Community. (g) That he not use illicit drugs. 3. It be indicated that if Michael Paul Forrest does not comply with this order and the bail conditions, that he be sentenced to a term of immediate imprisonment for a period of approximately six years. 4. It be indicated that if Michael Paul Forrest complies with this order and the bail conditions, that he be sentenced to imprisonment for approximately six years but that be then suspended with a Good Behaviour Order for some years, and possibly the inclusion of a community service condition. 5. Michael Paul Forrest be subject to the following additional conditions: (a) If he breaches the conditions of the bail or the order, he is liable to be arrested and brought before the Court; (b) The Deferred Sentence Order may at any time be reviewed. In addition to his Honour reviewing the Deferred Sentence Order on his own initiative, the Director-General, the ACT Director of Public Prosecutions, or Michael Paul Forrest himself, may apply to the Court to have the order reviewed. (c) On a review of the Deferred Sentence Order, his… |
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- AGLC
- R v Forrest (No 2) [2017] ACTSC 83
- Case
- [2017] ACTSC 83
- Decision Date
CaseChat Overview and Summary
In considering the appropriate sentence, the court weighed the principles of general and specific deterrence, the totality of the sentence, and the restorative justice undertaken by Forrest. The court recognised Forrest's acceptance of responsibility, his plea of guilty, and his engagement with a residential drug rehabilitation program. The court also considered the conditions of Forrest’s bail and the potential impact of a Deferred Sentence Order on his rehabilitation. The court concluded that a Deferred Sentence Order was appropriate to allow Forrest the opportunity to address his underlying issues while also ensuring public safety.
The court ordered that Forrest be convicted of the offences to which he pleaded guilty but deferred sentencing to allow him to participate in the Karralika Therapeutic Community's Community Rehabilitation Program. Forrest was released on bail with strict conditions, including supervision, treatment for drug addiction and mental impairment, and a requirement to report any discharge or non-admission to the rehabilitation program. The court emphasised that failure to comply with these conditions would result in immediate imprisonment, while compliance could lead to a suspended sentence with conditions such as a Good Behaviour Order and community service. The court retained the authority to review and amend the Deferred Sentence Order based on Forrest’s compliance and progress.
Orders
Orders of the court
1. Michael Paul Forrest be convicted of each of the offences to which he pleaded guilty on 5 August 2016 and 15 February 2017.
2. Michael Paul Forrest not be sentenced for these offences at this time and be released on bail under the Bail Act 1992 (ACT) from 7 March 2017 to appear in this Court at 9:30am on Tuesday 20 February 2018 to be sentenced for the offences of which he has been convicted on the following conditions:
(a) That he accept supervision of the Director-General or her delegate and obey all reasonable directions of the person supervising him including as to treatment for mental impairment and drug addiction.
(b) That he be released into the company of an employee of the Karralika Therapeutic Community and accompany that person to the Karralika Therapeutic Community for the purposes of treatment in the Community Rehabilitation Program.
(c) That he remain in the Program, except for approved absences or absences to attend Court, and obey all reasonable directions of the person in charge of the Program.
(d) That for any reason he is not admitted to the Karralika Therapeutic Community, or is discharged from that Program or leaves that Program, he report to the Officer-in-Charge of Tuggeranong Police Station within four hours to have his bail reviewed.
(e) That he authorise the person in charge of the Program to supply any information about his treatment and progress as may reasonably be required by the person supervising him.
(f) That he consent to the provision by his lawyer of the Report of Dr Danielle Clout, dated 7 December 2016, being provided to the Director of ACT Corrective Services and the person-in-charge of the Karralika Therapeutic Community.
(g) That he not use illicit drugs.
3. It be indicated that if Michael Paul Forrest does not comply with this order and the bail conditions, that he be sentenced to a term of immediate imprisonment for a period of approximately six years.
4. It be indicated that if Michael Paul Forrest complies with this order and the bail conditions, that he be sentenced to imprisonment for approximately six years but that be then suspended with a Good Behaviour Order for some years, and possibly the inclusion of a community service condition.
5. Michael Paul Forrest be subject to the following additional conditions:
(a) If he breaches the conditions of the bail or the order, he is liable to be arrested and brought before the Court;
(b) The Deferred Sentence Order may at any time be reviewed. In addition to his Honour reviewing the Deferred Sentence Order on his own initiative, the Director-General, the ACT Director of Public Prosecutions, or Michael Paul Forrest himself, may apply to the Court to have the order reviewed.
(c) On a review of the Deferred Sentence Order, his Honour may:
(i) take no action; or
(ii) warn Michael Paul Forrest about the need to comply with the conditions of the Deferred Sentence Order and his bail; or
(iii) amend the Deferred Sentence Order’s conditions; or
(iv) cancel the order.
(d) If bail is revoked, the Deferred Sentence Order for Michael Paul Forrest be automatically cancelled.
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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