R v Fualalo
[2015] ACTSC 108
•22 April 2015
SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Fualalo |
Citation: | [2015] ACTSC 108 |
Hearing Date: | 22 April 2015 |
DecisionDate: | 22 April 2015 |
Before: | Murrell CJ |
Decision: | Supervision condition of good behaviour order amended. |
Category: | Sentence |
Catchwords: | CRIMINAL LAW – Sentence – breach of good behaviour order – unrelated offences |
Legislation Cited: | Crimes (Sentence Administration) Act 2005 (ACT) s 108 Road Transport (Driver Licensing) Act 1999 (ACT) s 32(2) Road Transport (Safety and Traffic Management) Regulation 2000 (ACT) reg 6 |
Parties: | The Queen (Crown) Tonga Niumatu Fualalo (Offender) |
Representation: | Counsel Mr D Sahu Khan (Crown) Mr A Doig (Offender) |
| Solicitors ACT Director of Public Prosecutions (Crown) S & T Lawyers (Offender) | |
File Number: | SCC 189 of 2013 |
Murrell CJ:
On 18 December 2013, I sentenced the offender to a two year good behaviour order in relation to an offence of arson of a motor vehicle that occurred on 17 August 2013. The offence of arson carries a significant maximum penalty but I regarded the subject offence as being of lower objective seriousness. The offence was an act of vandalism involving a vehicle that had been left by the side of the road following a motor vehicle accident. It occurred while the offender was heavily intoxicated. The offender was contrite. He had no significant prior criminal history.
Breach of Good Behaviour Order
The good behaviour order was breached by offending conduct. On 19 January 2015, in driving from a busy car park, the offender committed the following offences:
(a)Driving while his licence was suspended as a repeat offender, contrary to s 32(2)(a) of the Road Transport (Driver Licensing) Act 1999 (ACT).
(b)Driving an unregistered vehicle, contrary s 18(1) of the Road Transport (Vehicle Registration) Act 1999 (ACT).
(c)Driving an uninsured vehicle, contrary to s 17(1) of the Road Transport (Third-Party Insurance) Act 2008 (ACT).
(d)Not wearing a properly adjusted seat belt, contrary to r 264(1) of the Australia Road Rules (by virtue of reg 6 of the Road Transport (Safety and Traffic Management) Regulation 2000 (ACT)).
(e)Driving while using a hand-held mobile telephone, contrary to r 300 of the Australian Road Rules (by virtue of reg 6 of the Road Transport (Safety and Traffic Management) Regulation 2000 (ACT)).
When apprehended, the offender protested that he did not think that he was driving on a public road as he was driving in the car park and exiting from it.
In February 2015, the Magistrates Court imposed an 18 month good behaviour order, which will run to 2 August 2016.
The good behaviour order that I imposed in December 2013 was subject to a supervision condition. I understand that supervision ceased because it was considered to be of no further benefit. I also ordered that the offender was to make all reasonable efforts to repay the amount, the subject of a reparation order, within the period of the good behaviour order. I understand that the full amount of reparation has not yet been paid.
There is no point in extending the period of the good behaviour order that I imposed. The breach behaviour was offending behaviour but it was not the same sort of offending and it was not related to use of alcohol, which was the impetus for the arson. However, the offender and the community might benefit from supervision of the offender.
Sentence
I find the breach established. Pursuant to s 108 of the Crimes (Sentence Administration) Act 2005 (ACT), I amend the good behaviour order imposed on 18 December 2013 so that the supervision condition reads as follows:
(a)The offender is to report to ACT Corrective Services at Eclipse House by 4 pm today, 22 April 2015, and to submit to their supervision for the remainder of the period of the good behaviour order (until 18 December 2015).
I note that the reparation order remains in force.
| I certify that the preceding eight [8] numbered paragraphs are a true copy of the Reasons for Sentence of her Honour Chief Justice Murrell. Associate: Date: 6 May 2015 |
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