SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
| Case Title: | R v Gardner (No 3) |
| Citation: | [2023] ACTSC 229 |
| Decision Dates: | 13 June 2023; 11 August 2023 |
| Reasons Date: | 21 August 2023 |
| Before: | McCallum CJ |
| Decision: | Stand the matter over until the completion of the offender’s |
| rehabilitation program. | |
Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – sentence – breach of good behaviour order – Griffiths remand – deferred sentence – |
| appropriateness of prioritising rehabilitation | |
| Legislation Cited: | Crimes Act 1900 (ACT) ss 19, 25 Crimes (Sentence Administration) Act 2005 (ACT) ss 110, 107(2) |
| Cases Cited: | Griffiths v The Queen [1977] HCA 44; 137 CLR 293 R v Gardner (No 2) [2023] ACTSC 89 R v Gardner [2020] ACTSC 278 R v Gardner [2022] ACTSC 36 R v KS [2022] ACTSC 133; 18 ACTLR 160 |
| Parties: | The Queen (Crown) |
| Jaiden Dale Gardner (Offender) | |
| Representation: | Counsel |
| S Bargwanna (Crown) | |
| P Edmonds (Offender) | |
| Solicitors | |
| ACT Director of Public Prosecutions (Crown) | |
| Canberra Criminal Lawyers (Offender) | |
File Numbers: | SCC 77 of 2020 SCC 78 of 2020 |
| McCALLUM CJ: |
1. Jaiden Gardner has come before the Court to be dealt with for breach of a good behaviour
order after pleading guilty in the Magistrates Court to an offence committed during the term
of the order.
Circumstances in which the breach was referred to this Court
2. It is helpful to consider the breach in the context of Mr Gardner’s recent criminal history in
the Australian Capital Territory. On 7 February 2020, Mr Gardner committed an offence of
occasioning grievous bodily harm contrary to s 25 of the Crimes Act 1900 (ACT). That
offence carries a maximum penalty of imprisonment for five years. In due course he was
sentenced by Elkaim J for that offence: R v Gardner [2020] ACTSC 278. That is the
sentence that included the good behaviour order of which Mr Gardner is now in breach.
3. The circumstances of the offence as set out in the judgment of Elkaim J at [2]-[10] were, in
short, that Mr Gardner attended the house of his former partner, with whom he shares a
child, at a time when she and her boyfriend were having a heated argument also involving
her brother. Mr Gardner grabbed a baseball bat and approached the three, while the
boyfriend threw items at him. Mr Gardner then struck the brother on the side of his
forehead with the baseball bat. Mr Gardner then left with his ex-partner.
4. Justice Elkaim accepted that Mr Gardner was “clearly acting in defence of his former
partner” but said his “act of chivalry however was well exceeded by the nature of his attack”:
at [9]. The victim was left temporarily unconscious and with a laceration that required
sutures.
5. On 28 March 2020, while Mr Gardner was on remand for that offence at the Alexander
Maconochie Centre, he committed the more serious offence of intentionally inflicting
grievous bodily harm contrary to s 19 of the Crimes Act. That offence…
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- [2023] ACTSC 229
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CaseChat Overview and Summary
The court examined the circumstances of the breach in the context of Gardner's extensive criminal history, which includes a history of drug addiction and previous successful rehabilitation efforts. Gardner's background, marked by childhood abuse and early exposure to substance abuse, was considered in light of the Bugmy principles. The court acknowledged Gardner's efforts to overcome his addiction, including his participation in SMART Recovery and his current enrollment in a residential rehabilitation program at Arcadia House. The court emphasized the importance of rehabilitation, especially given Gardner's demonstrated commitment and the support from his family and rehabilitation programs.
Given these considerations, McCallum CJ decided to stand the matter over until after Gardner's completion of the residential rehabilitation program, expected on 27 September 2023. The court determined that further imprisonment would not be in the best interest of justice, given Gardner's progress and the likelihood of successful rehabilitation. This decision reflects the court's commitment to addressing the root causes of criminal behavior and supporting rehabilitation efforts.
The court's final orders included standing the matter over until after Gardner's completion of the rehabilitation program, providing him the opportunity to continue his recovery without the additional burden of imprisonment. This decision underscores the court's focus on rehabilitation and the potential for Gardner to reintegrate into society as a law-abiding citizen.
Orders
Orders of the court
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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
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