R v Hanson (No 2)

[2023] ACTSC 158

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Hanson (No 2)

Citation:

[2023] ACTSC 158

Hearing Date:

9 June 2023

DecisionDate:

28 June 2023

Before:

Mossop J

Decision:

1.   The court does not cancel the intensive correction orders made in relation to the offender on 13 May 2022.

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and punishment – sentence – breach of intensive correction order arising from further offending – whether it is in the interests of justice for the court to cancel ICO – ICO not cancelled

Legislation Cited:

Crimes (Sentence Administration) Act 2005 (ACT), ss 11, 62, 65, 73

Criminal Code 2002 (ACT), s 326

Cases Cited:

R v Hanson [2022] ACTSC 102

Parties:

The Queen

Jennifer Hanson ( Offender)

Representation:

Counsel

C Muthurajah ( DPP)

B Bodel ( Offender)

Solicitors

Director of Public Prosecutions

Andrew Byrnes Law Group ( Offender)

File Numbers:

SCC 33 of 2022

SCC 34 of 2022

SCC 66 of 2022

MOSSOP J:

Introduction

1. On 13 May 2022, Jennifer Hanson was sentenced for 12 offences: R v Hanson [2022] ACTSC 102. Eight of the sentences imposed related to fresh charges and four related to sentences previously imposed, for which she was subject to good behaviour orders and in breach of as a result of the fresh charges. Eight sentences of imprisonment were imposed and were each to be served by way of Intensive Correction Order (ICO).

1. The offender has since (on 10 March 2023) pleaded guilty to new charges and the prosecution now seeks that her ICOs be cancelled pursuant to s 65(2) of the Crimes (Sentence Administration) Act 2005 (ACT) (CSA Act).

1. The sentences imposed on 13 May 2022 (which were to be served by ICO) were as follows:

Charge	Starting point	Sentence	Cumulation
Aggravated robbery (SC2022/17)	24 months’ imprisonment	16 months’ imprisonment
Aggravated burglary (CC2021/11832)	12 months’ imprisonment	10 months’ imprisonment	Six months
Possessing a firearm (CC2021/1408)	Eight months’ imprisonment	Seven months’ imprisonment	Three months
Dishonestly obtaining property (CC2022/468)	10 months’ imprisonment	Eight months’ imprisonment	Three months
Attempting to dishonestly obtain property (CC2022/469)	10 months’ imprisonment	Eight months’ imprisonment	Three months
Riding in a motor vehicle without consent (CC2022/466)	10 months’ imprisonment	Eight months’ imprisonment	Three months
Riding in a motor vehicle without consent (CC2022/467)	10 months’ imprisonment	Eight months’ imprisonment	Three months
Using a false document (suspended sentence) (CC2021/3748)	Three months’ imprisonment	Two months
Total	39 months’ imprisonment

1. No further action was taken on the breach of the good behaviour orders relating to:

(a)Driving while suspended (CC2021/3750);

(b)Driving with prescribed drug (methamphetamine) (CC2021/6480);

(c)Obstructing or resisting a Territory public official (CC2021/6640); and

(d)Unlawful possession of stolen property (CC2021/4275).

Cancellation and later reinstatement of ICO

1. Following the imposition of the sentence on 13 May 2022, Ms Hanson was issued an ICO Breach Report on 5 July 2022. The report alleged that she had breached conditions 5 and 6 of her ICO, namely by failing a urinalysis test on 23 May 2022 and contrary to…