R v Howsan

[2020] ACTSC 172

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Howsan

Citation:

[2020] ACTSC 172

Hearing Dates:

13 December 2019; 15 June 2020

DecisionDate:

15 June 2020

Before:

Burns J

Decision:

See [10]–[12]

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – arson – plea of guilty – consideration of compliance with deferred sentence order

Legislation Cited:

Criminal Code 2002 (ACT) s 404(1)

Parties:

The Queen (Crown)

Catherine Fiona Howsan (Offender)

Representation:

Counsel

M Lucero (Crown)

J De Bruin (Offender)

Solicitors

ACT Director of Public Prosecutions (Crown)

Legal Aid ACT (Offender)

File Number:

SCC 253 of 2019

BURNS J:

1. Ms Howsan, you come before me today to be sentenced with respect to one offence of arson contrary to s 404 (1) of the Criminal Code 2002 (ACT) (CC 19/6816). That offence carries a maximum penalty of 15 years' imprisonment, a fine of 1,500 penalty units,

   
   

   or both.

1. You entered your plea of guilty to this charge on 29 September 2019 in the

   
   

   ACT Magistrates Court on the second mention in that Court and before provision of a brief of evidence. I note that the offence itself occurred on 4 March 2019.

1. You came before me for sentence on 13 December 2019. At that time, after receiving evidence, I recorded a conviction and I imposed a deferred sentence order requiring you to attend before me today for sentence. I imposed a number of conditions attending upon that deferred sentence order.

1. Further material has been put before me today. I note that it is not suggested that you have been charged with any further offences since 13 December 2019.

1. It is clear that you have a longstanding drug issue. It is also clear that you have for some time suffered from mental health conditions. Although, I do note that there is no convincing evidence of any real connection between any underlying mental health disorder and the present offence. I do, however, take into account the report from

   
   

   ACT Mental Health Services dated 20 August 2019 which was put before me with regard to sentencing.

1. The offence was a serious example of this type of offending. You set fire to material in your cell at the Alexander Maconochie Centre, where you were at that time serving a sentence. I acknowledge that the greatest danger with regard to the fire which you set was to yourself, as you were locked in the cell with the fire, but there is always a risk in such cases that the fire will spread and that it will present a risk to other occupants of the building. In a prison, that is particularly important because the other occupants of the building are not able to come and go as they please.

1. I indicated when you appeared before me in December last year, 2019, that this matter was deserving of a term of imprisonment of approximately 12 months. In coming to the conclusion that the appropriate term of imprisonment would be one of about 12 months, my starting point was 16 months' imprisonment. I reduced that by 25 per cent in order to reflect your plea of guilty, which I was satisfied was an early plea of guilty.

Consideration

1. The material before me today indicates that your response to the deferred sentence order has been variable. You have been generally compliant with the terms of the order, but there have been three isolated relapses into heroin use.  It is to your credit that you have been active in addressing that issue since those relapses. You have returned to methadone use and you have connected with and participated in programs designed to assist you in avoiding relapse into drug use.

1. In all of the circumstances, I propose to proceed as I indicated that I would on

   
   

   13 December 2019 if you complied with the terms of the deferred sentence order.

Sentence

1. Having already recorded a conviction, I will now impose a sentence of

   
   

   12 months' imprisonment, commencing today, 15 June 2020, and expiring on

   
   

   14 June 2021. That sentence will be wholly suspended.

1. There will be a Good Behaviour Order for a period of 18 months from today,

   
   

   15 June 2020, with a condition that you are to accept the supervision of

   
   

   ACT Adult Corrections and you are to obey all reasonable directions of officers of that service, including attending assessments, programs, counselling or treatment for drug abuse and mental health issues, as directed.

1. I would recommend that you be directed to continue in the programs that you have already entered. 

I certify that the preceding twelve [12] numbered paragraphs are a true copy of the Reasons for Sentence of his Honour Justice Burns.

Associate:

Date: