R v Jones
[2015] ACTSC 83
•31 March 2015
SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Jones |
Citation: | [2015] ACTSC 83 |
Hearing Date: | 31 March 2015 |
DecisionDate: | 31 March 2015 |
Before: | Burns J |
Decision: | The Good Behaviour order imposed on 30 April 2014 is cancelled and a sentence of eight months’ imprisonment is imposed. A new non-parole period of 1 year and 10 months is set. |
Category: | Sentence |
Catchwords: | CRIMINAL LAW – Sentence – Breach of Good Behaviour Order – failure to comply with conditions of good behaviour order – commission of further offences – good behaviour order cancelled – suspended sentence imposed. |
Parties: | The Queen (Crown) Stephen Jones (Offender) |
Representation: | Counsel Ms S Jowitt (Crown) Mr C Lynch (Offender) |
| Solicitors ACT Director of Public Prosecutions (Crown) Sharman Lynch Solicitors (Offender) | |
File Number: | SCC 99 of 2013 |
Burns J:
Background
Mr Jones, when you appeared before me for sentence on 30 April last year, I made it very clear to you that if you did not comply with the terms of the Good Behaviour Order, which attended the suspended sentence of imprisonment, that you should expect to serve that sentence of imprisonment. You breached the Good Behaviour Order in a number of ways and very quickly after it had been imposed. You did not comply with the requirements in relation to supervision. In addition, on three separate occasions between August and December last year you committed further offences.
I note that you have now been sentenced to an aggregate term of 30 months' imprisonment in the Magistrates Court commencing on 14 December 2014 and expiring on 13 June 2017. A non‑parole period commencing on 14 December 2014 and expiring on 13 June 2016 was imposed.
Consideration
I take into account the fact that the offences which you committed and for which you were sentenced in the Magistrates Court were of a different nature to the offence which I dealt with in April last year, however they have this in common; that on each occasion, you were affected significantly by alcohol.
I also take into account that, since you have been in custody on this occasion, you have engaged in rehabilitation programs directed towards addressing your alcohol abuse.
In my opinion it is appropriate that you serve an extra period of time with respect to the breach of the Good Behaviour Order to reflect the nature of the offence that I dealt with in April last year. It is also appropriate that you serve some further time in terms of the non‑parole period as well as the head sentence. Having said that, it is important that I take into account the question of totality and I will make the sentence which I now impose partially consecutive with the sentences imposed by Magistrate Campbell.
Sentence
The Good Behaviour Order which I imposed on 30 April last year is cancelled and the sentence of eight months' imprisonment will be imposed, that sentence commencing on 14 February 2017 and expiring on 13 October 2017. I set a new non‑parole period commencing on 14 December 2014 and expiring on 13 October 2016. I have effectively increased the head sentence by four months and I have also increased the non‑parole period by four months.
| I certify that the preceding six [6] numbered paragraphs are a true copy of the Reasons for Sentence his Honour Justice Burns. Associate: Date: |
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