R v Ingram
[2015] ACTSC 245
•13 May 2015
SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Ingram |
Citation: | [2015] ACTSC 245 |
Hearing/mention Dates: | 22 August 2014; 23 October 2014; 7 November 2014; 12, 19 December 2014; 11 March 2015; 13 May 2015 |
DecisionDate: | 13 May 2015 |
Before: | Penfold J |
Decision: | 1. The breach of the good behaviour order is found, and the good behaviour order is cancelled. 2. The offender is sentenced to imprisonment for 18 months, suspended with immediate effect. 3. A good behaviour order is made for 18 months, subject to security of $1,000 and: (a) a supervision condition; (b) a community service condition requiring the offender to perform 130 hours of community service; and (c) a condition requiring the offender to attend at Eclipse House within two days to arrange supervision. |
Category: | Sentence |
Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – breach of good behaviour order constituted by failure to complete community service order – offender suffering mental health and other problems – offender resumed performing community service – good behaviour order cancelled – offender re-sentenced to further suspended term of imprisonment and requirement to complete further community service. |
Legislation Cited: | Crimes (Sentence Administration) Act 2005 (ACT), s 110(2)(b) |
Parties: | The Queen (Crown) Michael John Ingram (Offender) |
Representation: | Counsel Ms P Burgoyne-Scutts (Crown) Self-represented (Offender) |
| Solicitors ACT Director of Public Prosecutions (Crown) Self-represented (Offender) | |
File Number: | SCC 47 of 2013 |
[Background
Michael Ingram was sentenced on a plea of guilty for an offence of recklessly inflicting grievous bodily harm. He was sentenced to 18 months imprisonment, suspended immediately, and ordered to sign a good behaviour order for two years. A condition of the good behaviour order was that he would perform 320 hours of community service.
In August 2014, Corrective Services instituted breach action because Mr Ingram was not getting his community service done quickly enough, and there were a number of occasions on which he had failed to perform community service as directed without providing any explanation to Corrective Services.
When he appeared before me at the breach proceedings, it emerged that Mr Ingram had been suffering mental health problems, had lost his job, and generally struggled to organise himself. Over nine months of further appearances, Mr Ingram eventually came to grips with his mental health concerns, began to perform his community service again, and generally seemed to be feeling and functioning better. The Crown noted that the most recent bail progress report was quite positive, and submitted that Mr Ingram should be re-sentenced for the breach under s 110(2)(b) of the Crimes (Sentence Administration) Act 2005 (ACT) largely in the same terms, but that the date of the good behaviour orders could be extended to allow him to complete the remaining community service.
Mr Ingram said that he was really trying to get his hours done, and would keep going.]
Sentencing
I find the breach proven and cancel the good behaviour order, and I will re-sentence you, Mr Ingram.
I wouldn’t wish to be seen to be trying to reward people for not managing their community service orders, but I propose to reduce the total slightly from the 320 hours, not to clean it off immediately but just, in effect, to recognise the efforts that Mr Ingram has made in an obviously fairly difficult time in his life to get this done.
I note the conviction that I recorded on 3 October 2013, note the breach that I’ve found of the good behaviour order that was made at that stage, cancel the good behaviour order, and re-sentence you, as was done in 2013, to imprisonment for 18 months, immediately suspended, and make a good behaviour order.
The earlier good behaviour order had a security amount and you’d provided that by giving an undertaking, I assume. I order that the security under the original good behaviour order not be enforced, but I require you to give that security again, so you’re in the same position but you won’t have to pay that $1,000 for the first time.
I make the good behaviour order subject to conditions. You still need a supervision condition to do the community service, so I order that for such period as is considered necessary by ACT Corrective Services, you accept the supervision of ACT Corrective Services and obey all reasonable directions of the Director General or her delegate.
At the moment, under the old order, you had 173 hours of community service remaining. I order you to perform 130 hours of community service, noting that under the previous good behaviour order, you’ve already performed 147 hours but that the 130 hours that I’m now imposing is on top of that 147.
Then I have to set a time for this good behaviour order. The original one was two years. This time I’ll make the good behaviour order for 18 months, and in that 18 months, you’ve got to finish your 130 hours community service. I won’t set an interim deadline for that but I would recommend, and I’m sure you’d appreciate, that it’s much more sensible at this stage to keep doing it as quickly as you can. Get it off your back. There should not be much more than 16 or 17 days. If you can do that even once a week it will get you out of it quite quickly, and if you can do two days some weeks, even better.
The one thing that I probably should add is to send you back today to Eclipse House to tell them what orders have been made today, and to get your new supervision and your new community service arrangements in place. So that’s the last order, that within two days, and ideally you’ll do it more or less straight from here, you attend Eclipse House to arrange supervision.
I don’t think I need to give you the normal talking to about what that means because you’re well aware now of how a good behaviour order operates, and how the community service orders operate.
10. I hope, Mr Ingram that I won’t have to see you back here again. I do note the efforts you’ve made and, as I’ve said before, at a difficult time of your life. It would be nice to think that within a few months now, you can be out of this and make a fresh start.
| I certify that the preceding ten [10] numbered paragraphs are a true copy of the Reasons for Sentence of her Honour Justice Penfold. Associate: Kate Harris Date: 24 August 2015 |
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