R v FT (No 2)
[2020] ACTSC 315
•19 November 2020
SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v FT (No 2) |
Citation: | [2020] ACTSC 315 |
Hearing Date(s): | 19 November 2020 |
DecisionDate: | 19 November 2020 |
Before: | Elkaim J |
Decision: | See [7] |
Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – breach of good behaviour order – young person |
Cases Cited: | R v FT [2020] ACTSC 203 |
Parties: | The Queen (Crown) FT (Young Person) |
Representation: | Counsel M Howe (Crown) T Trotter (Young Person) |
| Solicitors ACT Director of Public Prosecutions (Crown) Legal Aid ACT (Young Person) | |
File Number: | SCC 13 of 2020 |
ELKAIM J:
On 14 April this year, I sentenced this young person to imprisonment for nine months (R v FT; R v CU [2020] ACTSC 80), but I suspended the imprisonment on condition that the young person entered a good behaviour order (GBO).
Asserted issues arose, and the young person has been back to court on a number of occasions. In my decision on 28 July 2020 (R v FT [2020] ACTSC 203), I referred to the degeneration of the relationship that had occurred between the young person and CYPS.
FT is before me today for re-sentencing in respect of a breach of the GBO, which she accepts occurred.
The Crown has put forward some suggestions as to the various options that I have. Mr Trotter on behalf of the young person has effectively suggested a variation, which the Crown does not object to. It is a little unusual, in that it involves sentencing the young person to a term of imprisonment without continuing orders. The young person has only just turned 16, so one's initial reaction would be against such a proposition.
However, there are orders about to be made in the ACT Children’s Court to ensure the continuing involvement of CYPS. I note that the relationship with CYPS has improved substantially with the appointment of a new case manager. In addition to that, and a matter that I consider significant, Mr Gough on behalf of CYPS endorses the proposal.
Accordingly, I intend to adopt the course put forward as best reflecting the need to punish the young person for breaching the GBO but at the same time keeping her rehabilitation as a primary objection.
Orders:
I make the following orders:
(a)The current good behaviour order is cancelled.
(b)The young person is re-sentenced as follows:
(i)She is to be imprisoned for a period of 59 days, commencing on 21 October 2020 and expiring on 18 December 2020.
| I certify that the preceding seven [7] numbered paragraphs are a true copy of the Reasons for Sentence of his Honour Justice Elkaim. Associate: Date: 24 November 2020 |
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