R v K I

[2016] ACTSC 392

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v K I

Citation:

[2016] ACTSC 392

Hearing Date:

20 December 2016

DecisionDate:

20 December 2016

Before:

Murrell CJ

Decision:

Sentenced to 11 months’ detention. Suspended after six months on offender entering a good behaviour order for the remainder of the sentence.

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – Breach of Good Behaviour Order – Re-Sentence – Young Offender – Aggravated Robbery

Legislation Cited:

Crimes (Sentence) Administration Act 2005 (ACT) s 110(2)(b)

Crimes (Sentencing) Act 2005 (ACT) s 12

Parties:

The Queen (Crown)

 K I (Offender)

Representation:

Counsel

Mr M Fernandez (Crown)

Mr D Perkins (Offender)

Solicitors

ACT Director of Public Prosecutions (Crown)

Daryl Perkins Solicitors (Offender)

File Numbers:

SCC 192 of 2013

SCC 8 of 2014

MURRELL CJ:

1. The offender admits breach of a good behaviour order that I imposed on 3 June 2016 in relation to a suspended sentence.  On that day, I cancelled a good behaviour order that I had imposed on 7 February 2014 in relation to a 2013 offence of aggravated robbery.  On 3 June 2016 I required that the offender serve the period from 3 March 2016 to 16 July 2016 and the remaining 8 months was suspended on an 8-month good behaviour order. 

1. Since early October, the young person has been non-compliant in many respects. 

1. I take into account that the offender was reasonably compliant from 16 July 2016 to early October 2016, a period of approximately two and a half months.  He was apprehended on 5 December 2016 on a further allegation of aggravated robbery.  Bail was refused and he is to appear before the Childrens Court on 11 January 2017.  At this stage, no plea has been entered.  There may be further charges. 

1. The offender has had many opportunities to rehabilitate.  Apart from a brief period of relative compliance from mid-July to early October, he has not demonstrated the capacity to do so. 

1. I cancel the good behaviour order. 

1. Pursuant to s 110(2)(b) of the Crimes (Sentence Administration) Act 2005 (ACT), the offender is sentenced to 11 months’ detention from 5 December 2016 to 4 November 2017. I suspend the sentence from 5 June 2017 pursuant to s 12 of the Crimes (Sentencing) Act 2005 (ACT). I make a good behaviour order for a period of 5 months from 5 June 2017. The good behaviour order is conditioned on the young person accepting the supervision of the Director-General and obeying all reasonable requests and directions for the whole of the period of the good behaviour order.

I certify that the preceding six [6] numbered paragraphs are a true copy of the Reasons for Sentence of her Honour Chief Justice Murrell

Associate:

Date: