R v Gill

[2007] NSWDC 60

CITATION:	R v GILL [2007] NSWDC 60
HEARING DATE(S):	5th April 2007
JUDGMENT DATE:	5 April 2007
EX TEMPORE JUDGMENT DATE:	5 April 2007
JURISDICTION:	Criminal
JUDGMENT OF:	Berman SC DCJ
DECISION:	Adjourned under s11 of the Crimes (Sentencing Procedure) Act.
CATCHWORDS:	Criminal Law - Sentence - Assault Occasioning Actual Bodily Harm - Break and Enter - Malicious Damage - Contravene Apprehended Violence Order - Gross Overreation - Anger Management - Substance Abuse
LEGISLATION CITED:	Crimes (Sentencing Procedure) Act.
PARTIES:	Crown Bethany Jasmin GILL
FILE NUMBER(S):	06/11/0715
SOLICITORS:	NSW DPP Ross Hill & Associates

SENTENCE

1 HIS HONOUR: Bethany Gill appears for sentence today. She has pleaded guilty on an earlier occasion to two counts on an indictment, one of assaulting Mr James Owens thereby occasioning to him actual bodily harm and one of breaking and entering Mr Owen’s home and committing a serious indictable offence namely, assault occasioning actual bodily harm upon Mr Owens. Those two offences were related to separate acts of violence committed about an hour apart.

2 In addition, Ms Gill ask that I take into account an offence of malicious damage, and finally there are related charges of contravening an apprehended violence order, one relating to each of the occasions that form the basis of the two counts on the indictment.

3 The offences were a gross overreaction to an argument that Ms Gill had with Mr Owens. It is apparent from the psychiatric report provided by Dr Westmore that the appellant has a number of psychiatric problems but they principally relate to her drug and alcohol use. Tendered before me today was material from Guthrie House indicating that the appellant has been able to live a drug free lifestyle. The report from Guthrie House tells me that regular urine analysis was conducted on the offender and no evidence of any drug use was detected. Also at Guthrie House she was regularly breathalysed and there was no evidence of any intoxication.

4 These reports related to a period leading up to a most tragic event. Ms Gill’s brother was murdered and it is clear for very understandable reasons that Ms Gill is grieving at the loss of her brother. In those circumstances there is a risk that Ms Gill will relapse but with appropriate treatment and support there is a very good prospect that Ms Gill will remain drug free and will not abuse alcohol.

5 As I read the material before me, if that is the case then she is unlikely to commit further offences. This is a matter where I consider that there needs to be some further time before I sentence Ms Gill in order that I can assess her capacity and prospects for rehabilitation and in order that I allow Ms Gill to demonstrate that she can remain drug free and that she can cease her abuse of alcohol.

6 I note at present that Ms Gill is not suitable for either periodic detention or community service due to what are described as anger management and substance abuse issues. I expect that in the period of remand Ms Gill will be able to deal with those matters and if she does it may well be the case that a further presentence report identifies her as being suitable for both of those alternatives to full time custody.

7 The result is therefore that I propose to adjourn this matter under s11 of the Crimes (Sentencing Procedure) Act.

8 I will list the matter at 2 o'clock on 19 October 2007. During the period of remand Ms Gill is to accept the supervision of the Probation and Parole Service. She is to report to the city district office within seven days of today’s date. She is to be subject to regular urine analysis. Any indication that Ms Gill has been using illegal drugs would be regarded as a breach of this bail.

9 She is to live at 139 Boundary Street Clovelly or such other address approved by the Probation and Parole Service. She is not to approach, contact or attempt to contact directly or indirectly Mr James Owens. One acceptable person is to enter into an agreement or agreements and deposit security to forfeit One thousand dollars if Ms Gill fails to comply with her bail undertaking. For the avoidance of any confusion that does not represent a further deposit of One thousand dollars but the security already deposited will be sufficient.

10 A failure to provide a urine sample upon request from the Probation and Parole Service will also be considered a breach of this bail. I order a pre-sentence report for 19 October 2007.

11 Ms Gill, you have been listening to what I have been saying to your lawyer and Mr Crown. What I have given you is the opportunity to demonstrate to me that the good work you were doing at Guthrie House can continue. The reason I have not sentenced you today is because things are a bit at an early stage in your rehabilitation. I expect that you will be able to continue that good work and come back in October and show me that you have continued that rehabilitation. If you do not, however, I am going to be very disappointed. Judges tend to get disappointed when we give people like you an opportunity. So it is obviously in your interests to comply with conditions of bail.

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