R v Foster
[2015] ACTSC 260
•17 August 2015
SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Foster |
Citation: | [2015] ACTSC 260 |
Hearing Date(s): | 5 August 2015 |
DecisionDate: | 17 August 2015 |
Before: | Burns J |
Decision: | See [10] – [12] |
Category: | Sentence |
Catchwords: | CRIMINAL LAW – Sentence – particular offences – burglary – theft. |
Parties: | The Queen (Crown) Stephen Foster (Offender) |
Representation: | Counsel Mr D Sahu Khan (Crown) Mr J De Bruin (Offender) |
| Solicitors ACT Director of Public Prosecutions (Crown) Legal Aid ACT (Offender) | |
File Number(s): | SCC 90 of 2014 |
BURNS J:
Background
Stephen Foster, on 18 June this year, I found you guilty following a trial by judge alone of one count of burglary and one count of theft. These offences occurred on 30 November 2013. I published reasons at that time so I will not now recite the facts. It is sufficient to note that you gained entry to a showroom of a jewellery store at night by manipulating the lock of the door. You then stole jewellery with a retail value of just over $34,000.00. This was a premeditated offence. You attended the site of the burglary on a number of occasions before you committed the offence and I am satisfied that this was for the purpose of reconnaissance ahead of the burglary itself.
Consideration
You have a lengthy criminal history and you are heavily recorded for offences of dishonesty. You have at least 6 prior convictions for burglary or attempted burglary and at least 20 convictions for theft. At the time of these offences, you were subject to a Good Behaviour Order as part of a suspended 15month sentence of imprisonment for an offence of burglary imposed on 11 October 2012. Although your criminal history does not reveal it, I am told that you were later dealt with for breach of that Good Behaviour Order and sentenced to a term of imprisonment. It is, of course, an aggravating circumstance that, at the time that you committed these offences, you were on conditional liberty with respect to a similar offence. Sadly, there is little leniency that can be shown to you on the basis of your criminal history.
I note that you are 44 years old and that, on 11 August 2014, you were granted bail in this Court on these charges. Unfortunately, you did not comply with conditions requiring you to accept the supervision of Corrective Services and, on 16 March this year, you failed to appear and a warrant was issued for your arrest. You were subsequently arrested and returned to the Alexander Maconochie Centre (AMC) on 17 March this year.
You have longstanding drug abuse issues. I accept that you made an attempt to cease the use of drugs whilst you were on bail; however, you relapsed into the use of illicit drugs. I note from the Pre Sentence Report that you applied for admission to rehabilitation programs whilst you have been in the AMC. I further note that, in July this year, a drug use screening tool assessed your use of illicit substances as severe.
You have been diagnosed with a moderate mood disorder, however, there is no evidence that that disorder had any influence on you committing these offences. There is also no evidence that it was likely to have any effect upon you in terms of making your imprisonment more difficult. I take into account that you have engaged with mental health services in the AMC.
I note that you maintained to the author of the Pre Sentence Report the same version of events regarding these offences that you gave in your evidence before this Court, but I rejected that version of events in my reasons for finding you guilty of these offences. Therefore, you have shown no remorse with respect to this offending. You were assessed by the author of the Pre Sentence Report as at high risk of reoffending.
I take into account, without here repeating, the contents of the CADAS Report, which merely reinforces the proposition that you have a longstanding drug abuse issue. I also take into account the letter from you to the Court which was tendered at the sentence hearing. I note that you have five children aged 15, 14, 12, 11 and 3. In your letter, you speak of a desire to be a good father and also a role model for your children. You state that, when these offences occurred, you were at a low point in your life and you were going through separation from your long-term partner and you were also lacking stable accommodation. In your letter, you also speak of a willingness to address your drug abuse and any mental health issues.
I note as something in your favour that you have completed courses in Business Studies whilst in the AMC.
Your prospects for rehabilitation at the present time must remain guarded. They of course will be significantly enhanced if you take appropriate steps to address drug addiction whilst you are in custody and also after you are released. I am satisfied that you will need a lengthy period of supervision after you are released.
Sentence
With respect to the offence of burglary, you are convicted and sentenced to 22 months’ imprisonment commencing 10 July 2014, allowing for time that you have spent in custody prior to sentencing, and expiring on 9 May 2016.
For the offence of theft, you are sentenced to 16 months’ imprisonment commencing on 10 September 2015 and expiring on 9 January 2017.
The aggregate sentence which I have therefore imposed is one of 30 months commencing on 10 July 2014 and expiring on 9 January 2017. I set a non-parole period of 18 months commencing on 10 July 2014 and expiring on 9 January 2016.
| I certify that the preceding twelve [12] numbered paragraphs are a true copy of the Reasons for Sentence of his Honour Justice Burns. Associate: Date: 1 September 2015 |
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