R v Holyland
[2015] ACTSC 62
•25 February 2015
SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Holyland |
Citation: | [2015] ACTSC 62 |
Hearing Dates: | 17 February 2014, 15 August 2014, 19 December 2014, 25 February 2015 |
DecisionDate: | 25 February 2015 |
Before: | Burns J |
Decision: | See [10] – [12] |
Category: | Sentence |
Catchwords: | CRIMINAL LAW – Particular Offences – Sentence – property offences – dishonesty offences – burglary – theft. |
Parties: | The Queen (Crown) Dale Holyland (Offender) |
Representation: | Counsel Ms S Saikal (Crown) Mr J Lawton (Offender) |
| Solicitors ACT Director of Public Prosecutions (Crown) Legal Aid ACT (Offender) | |
File Number: | SCC 25 of 2013 |
Burns J:
Background
Mr Holyland, when you appeared before me in February last year, I imposed a Deferred Sentence Order and at that time I indicated to you what my expectations were. Broadly, they were that you would cease using illicit drugs and also that you will try and find employment. I also imposed further Deferred Sentence Orders on 15 August 2014 and 19 December 2014 to monitor your improvement.
Consideration
I accept that you have not been able to undertake employment because of your underlying medical condition, so the fact that you are not currently in employment is, I accept, not your responsibility.
I am very pleased at the result, which appears to have developed since February last year, in terms of your use of illicit drugs. I have no doubt that, to a great extent, your involvement in these offences was due to your use of drugs at the time. I also have no doubt, based on the medical evidence before me, that the problems with your mental health are also significantly the result of the use of illicit drugs.
I am also very pleased to hear that you have ceased associating with the people who have had a negative impact on your in the past.
It is important though that you recognise that what you have done up to now is just the beginning, that you have to maintain that commitment, not only to stay away from people who may influence you into using drugs and committing crimes, but also to adopting a more positive and healthy lifestyle for your own benefit.
You are very lucky to have the support of your parents and you should be very thankful to them for what they have been providing to you in terms of support, both financial and also moral, during this period of time.
I will take into account your plea of guilty, which was an early plea, and I will also, of course, take into account the contents of the various pre-sentence reports and the progress that you have made during the period of the deferred sentence orders that have been imposed.
Sentence
When I imposed each deferred sentence order, I indicated that if you complied with the terms of the deferred sentence orders I would proceed by way of a suspended sentence of imprisonment, and that is what I will do.
I will record a conviction with respect to the offence of burglary and you will be sentenced to 11 months’ imprisonment, which I have reduced from 15 months in order to mark your plea of guilty. There will be a Good Behaviour Order for a period of 12 months with a condition that you are to accept the supervision of ACT Adult Corrections or its delegate and for a period of 12 months or such lesser period as deemed appropriate by your supervising officer and you are to comply with all reasonable directions of officers of ACT Corrections or its delegate.
With respect to the charge of theft, I record a conviction and you will be sentenced to three months’ imprisonment, which I have reduced from four months in order to reflect your plea of guilty. This will be concurrent with the sentence which I have just imposed on the burglary matter and will also be suspended with a Good Behaviour Order for a period of six months from today. In the light of the conditions that I have imposed with respect to the Good Behaviour Order on the burglary offence, I will impose no further conditions on the theft offence.
The effect of the sentences that I have imposed is to impose a sentence of 11 months’ imprisonment which is wholly suspended and you will be obliged to enter into a Good Behaviour Order for a period of 12 months from today. In setting that period, I have taken into account the fact that you have already been under supervision for the last 12 months and there is also a period of supervision for 12 months which goes with that good behaviour order. ACT Corrections may decide to continue your supervision for that whole 12-month period or they may determine depending upon your progress to cease supervision at any time during that 12-month period.
| I certify that the preceding eleven [11] numbered paragraphs are a true copy of the Reasons for Sentence of his Honour Justice Burns. Associate: Date: |
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