R v Keir

In the case of R v Keir, the defendant, Darin Paul Keir, faced sentencing in relation to a breach of a Good Behaviour Order. The matter was heard in the ACT Magistrates Court. Keir had previously been found guilty of common assault in 2013 and was subject to a Good Behaviour Order, which included a suspended sentence. He was subsequently charged with aggravated burglary. The court was required to determine whether Keir had breached the Good Behaviour Order and, if so, to re-sentence him for both the original offence and the new offence.

The court considered whether the breach of the Good Behaviour Order warranted cancellation of the order and re-sentencing. It examined whether the new offence, aggravated burglary, was of a different kind to the original offence of common assault. The court concluded that the new offence was indeed different and of a more serious nature, justifying the cancellation of the Good Behaviour Order and re-sentencing. The court also determined that the appropriate sentence for the aggravated burglary, coupled with the original common assault, was 18 months imprisonment, suspended for two years. Additionally, the court imposed specific conditions for the period of the suspended sentence, including probation supervision, refraining from drug use, and compliance with urinalysis.

The orders of the court were that Darin Paul Keir be found to have breached the Good Behaviour Order made on 19 July 2013. The Good Behaviour Order was cancelled. Keir was re-sentenced for the common assault and convicted of the aggravated burglary. He was sentenced to 18 months imprisonment, suspended for two years, and required to comply with several conditions during this period, including probation supervision and urinalysis.