R v Keir

[2016] ACTSC 266

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Keir

Citation:

[2016] ACTSC 266

Hearing Date(s):

13 July 2016

DecisionDate:

15 July 2016

Before:

Refshauge J

Decision:

1.     Darin Paul Keir be found to have breached the Good Behaviour Order made on 19 July 2013.

2.     The Good Behaviour Order made is cancelled.

3.     Darin Paul Keir be re-sentenced for common assault.

4.     Darin Paul Keir be convicted for aggravated burglary.

5.     Darin Paul Keir be sentenced to 18 months imprisonment, suspended for a period of two years.

6.     Darin Paul Keir 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 two years, from 15 July 2016, with the following conditions:

(a)  a probation condition that he be under supervision of the Director-General, or her delegate, for a period of two years, or such lesser period as the person supervising you deems to be appropriate and obey all reasonable directions to the person supervising you, including as to urinalysis;

(b)   that he not consume illicit drugs;

(c)   that he supply a sample of urine for urinalysis when reasonably requested by the person supervising you;

(d)   that he report to ACT Corrective Services, at Eclipse House, so that you can make arrangements for supervision. 

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and punishment – sentencing – re-sentence – breach of Good Behaviour Order – consideration of breach – committing further offence – offence of a different kind – aggravated burglary – cancellation of Good Behaviour Order – suspended sentence

Legislation Cited:

Crimes (Sentencing Act) 2005 (ACT), ss 7, 33, 63, 63(1), (2), (4)

Crimes (Sentence Administration) Act 2005 (ACT), ss 107, 108

Criminal Code 2002 (ACT), s 312

Cases Cited:

Cheung v The Queen (2001) 209 CLR 1

R v Palmer [2015] ACTSC 328
Sheen v The Queen [2011] NSWCCA 259
Wronski v Raue [2012] ACTSC 87

Parties:

The Queen (Crown)

Darin Paul Keir (Defendant)

Representation:

Counsel

Mr T Hickey (Crown)

Mr T Sharman (Defendant)

Solicitors

ACT Director of Public Prosecutions (Crown)

Sharman Lynch Solicitor (Defendant)

File Number:

SCC 85 of 2014

REFSHAUGE J:

1. On 15 April 2016, Darin Paul Keir, was found guilty of an offence of aggravated burglary committed on 28 January 2014.  He had also been charged with committing robbery in company, and, further and in the alternative, dishonestly taking someone else’s motor vehicle without their consent. The jury acquitted him of those two charges. 

1. The offence of aggravated burglary is contrary to s 312 of the Criminal Code 2002 (ACT) and renders Mr Keir liable to a maximum penalty of 2000 penalty units (that is, at the time, a fine of $280 000) and 20 years imprisonment. In this case, the circumstance of aggravation was that Mr Keir was in the company of two others when he committed the burglary.

The facts

1. In this case, the finding of guilt was made by a jury.…