R v Hocking (No 2)

[2021] ACTSC 158

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Hocking (No 2)

Citation:

[2021] ACTSC 158

Hearing Date:

29 July 2021

DecisionDate:

29 July 2021

Before:

Elkaim J

Decision:

See [7]

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Re-sentence – where breach of Good Behaviour Order – where offender dealt with in ACT Magistrates Court for breaching conduct

Parties:

The Queen ( Crown)

Christopher Hocking ( Offender)

Representation:

Counsel

C Daly ( Crown)

J Robertson ( Offender)

Solicitors

ACT Director of Public Prosecutions ( Crown)

JDR Law ( Offender)

File Numbers:

SCC 199 of 2018

ELKAIM J:

1. On 29 October 2018, I sentenced the offender to a period of imprisonment of 18 months arising from an offence of bribery. I suspended that sentence on condition that he enter into a Good Behaviour Order.

1. Unfortunately, about two or three months before the end of the Good Behaviour Order, he committed an offence of driving with an excess of alcohol. That occurred on 8 January 2020.

1. On 20 April 2021, he was dealt with in the ACT Magistrates Court for that offence, where he received a non-conviction order, associated with an 18-month Good Behaviour Order which will expire on 20 October 2022.

1. The question that now arises is what to do about the breach of my orders.

1. The options before me are to re-impose the original sentence, which seems to me to be an entirely unreasonable action to take, or to re-sentence him. This is the joint approach advocated by the parties. I agree with the parties and will take that approach.

1. Therefore, I think the way to proceed is to match the present Good Behaviour Order with a Good Behaviour Order for the same period as that imposed in the ACT Magistrates Court. Although it might seem that there is no practical effect for such an order, it is important that there is some form of punishment imposed as a result of the breach.

1. I make the following orders:

1. The sentence imposed on 29 October 2018 is cancelled.

2. The offender is re-sentenced to a Good Behaviour Order with core conditions for a period of one year, two months and 22 days, commencing 29 July 2021, and expiring on 20 October 2022.

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: 30 July 2021