R v John (No 2) - [2017] ACTSC 186

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:	R v John (No 2)
Citation:	[2017] ACTSC 186
Hearing Dates:	13 July 2017
DecisionDate:	13 July 2017
Before:	Refshauge J
Decision:	1. The conviction of Hayley Maree John for aggravated burglary at Macquarie on 25 July 2015 be confirmed. 2. Hayley Maree John be sentenced to two years imprisonment to commence on 11 July 2017. 3. The conviction of Hayley Maree John for damaging property on 25 July 2015, being nine motor vehicles, be confirmed. 4. Hayley Maree John be sentenced to 12 months imprisonment to commence on 11 July 2017. 5. The conviction of Hayley Maree John for theft from nine motor vehicles on 25 July 2015 be confirmed. 6. Hayley Maree John be sentenced to 15 months imprisonment to commence on 11 July 2018. 7. The conviction of Hayley Maree John for theft from six motor vehicles at Nicholls on 25 July 2015 be confirmed. 8. Hayley Maree John be sentenced to 12 months imprisonment to commence on 11 February 2019. 9. The conviction of Hayley Maree John for burglary at Chisholm on 25 July 2015 be confirmed. 10. Hayley Maree John be sentenced to 20 months imprisonment to commence on 11 February 2019. 11. The conviction of Hayley Maree John for theft from a residence at Chisholm on 25 July 2015 be confirmed. 12. Hayley Maree John be sentenced to 18 months imprisonment to commence on 11 June 2019. 13. The sentence is to be suspended on 10 April 2018. 14. Hayley Maree John be required to sign an undertaking to comply with the offender’s Good Behaviour Obligations under the Crimes (Sentence Administration) Act 2005 (ACT) for a period of three years from 11 April 2018 with the following conditions: (a) a probation condition that she be under the supervision of the Director-General or her delegate for a period of two years or such lesser period as the person supervising her considers appropriate and that she obey all reasonable directions of the person supervising her; (b) a community service condition that she perform 80 hours of community service work by 10 April 2019, that being within 12 months from the date of her release; and (c) a condition that she undertake such treatment or counselling as may be directed for mental health and drug addiction issues by the person supervising her.
Catchwords:	CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and punishment – sentencing – aggravated burglary – damaging property – theft – burglary – assessed as unsuitable for an Intensive Corrections Order – consideration of subjective circumstances – general deterrence – sentenced to a period of imprisonment – sentence to be suspended after nine months
Legislation Cited:	Crimes (Sentence Administration) Act 2005 (ACT) Crimes (Sentencing) Act 2005 (ACT), ss 63, 65, 78(6)
Cases Cited:	R v John [2017] ACTSC 144 R v Ngerengere (No 3) [2016] ACTSC 299 R v Wyper (No 2) [2017] ACTSC 103
Parties:	The Queen (Crown) Hayley Maree John (Defendant)

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v John (No 2)

Details

AGLC: R v John (No 2) [2017] ACTSC 186
Case: [2017] ACTSC 186
Decision Date: 13 July 2017

CaseChat Overview and Summary

The appellant, Hayley Maree John, was convicted of multiple offences including aggravated burglary, damaging property, and theft, all committed on 25 July 2015 at various locations. The case was brought before the court to review her sentence and to confirm her convictions. The central issue before the court was whether the sentence imposed was appropriate, given the nature of the offences and the subjective circumstances of the appellant. Additionally, the court needed to consider whether the sentence met the objectives of general deterrence and whether the appellant was suitable for an Intensive Corrections Order.

The court examined the severity and circumstances of the offences, noting the appellant's history of offending and her personal circumstances. The court found that while the appellant's actions were serious, her personal situation warranted a degree of leniency. The court concluded that the appellant was not suitable for an Intensive Corrections Order but that a period of imprisonment would be appropriate. The court balanced the need for general deterrence with the appellant's individual circumstances, ultimately deciding on a sentence of imprisonment with a suspension after nine months. The court also considered the appellant's potential for rehabilitation through treatment and community service.

The court confirmed the appellant's convictions and imposed sentences for each offence, with specific commencement dates and a total sentence suspended after nine months. The court further mandated that the appellant comply with good behaviour obligations, including probation, community service, and treatment for mental health and drug addiction issues. These orders reflect the court's approach to achieving a balance between punishment and rehabilitation, considering both the appellant's actions and her potential for reform.

Orders

Orders of the court

1. The conviction of Hayley Maree John for aggravated burglary at Macquarie on 25 July 2015 be confirmed.

2. Hayley Maree John be sentenced to two years imprisonment to commence on 11 July 2017.

3. The conviction of Hayley Maree John for damaging property on 25 July 2015, being nine motor vehicles, be confirmed.

4. Hayley Maree John be sentenced to 12 months imprisonment to commence on 11 July 2017.

5. The conviction of Hayley Maree John for theft from nine motor vehicles on 25 July 2015 be confirmed.

6. Hayley Maree John be sentenced to 15 months imprisonment to commence on 11 July 2018.

7. The conviction of Hayley Maree John for theft from six motor vehicles at Nicholls on 25 July 2015 be confirmed.

8. Hayley Maree John be sentenced to 12 months imprisonment to commence on 11 February 2019.

9. The conviction of Hayley Maree John for burglary at Chisholm on 25 July 2015 be confirmed.

10. Hayley Maree John be sentenced to 20 months imprisonment to commence on 11 February 2019.

11. The conviction of Hayley Maree John for theft from a residence at Chisholm on 25 July 2015 be confirmed.

12. Hayley Maree John be sentenced to 18 months imprisonment to commence on 11 June 2019.

13. The sentence is to be suspended on 10 April 2018.

14. Hayley Maree John be required to sign an undertaking to comply with the offender’s Good Behaviour Obligations under the Crimes (Sentence Administration) Act 2005 (ACT) for a period of three years from 11 April 2018 with the following conditions:

(a) a probation condition that she be under the supervision of the Director-General or her delegate for a period of two years or such lesser period as the person supervising her considers appropriate and that she obey all reasonable directions of the person supervising her;

(b) a community service condition that she perform 80 hours of community service work by 10 April 2019, that being within 12 months from the date of her release; and

(c) a condition that she undertake such treatment or counselling as may be directed for mental health and drug addiction issues by the person supervising her.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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