R v Kekalainen (No 3)

The case of R v Kekalainen (No 3) involved the defendant, Kekalainen, who had pleaded guilty to breaching a Good Behaviour Order by driving while disqualified, in addition to his previous conviction for culpable driving that resulted in death. The court was required to determine an appropriate sentence considering the subjective circumstances of the breach and the need for deterrence. The legal issues included the appropriate punishment for the breach of the order and the calculation of the sentence taking into account the defendant's previous conviction and the period of pre-sentence custody.

The court considered the defendant's previous conviction for culpable driving and the need for deterrence and rehabilitation. The court also took into account the subjective circumstances of the breach, which included the defendant's remorse and the fact that he had already served a significant period of pre-sentence custody. The court determined that the appropriate sentence for the breach of the Good Behaviour Order was three years and four months imprisonment, to commence on 1 September 2015, with the sentence suspended for 18 months from 24 October 2016. The court also required the defendant 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 18 months from 24 October 2016.

The court's reasoning was based on the need for deterrence and the subjective circumstances of the breach. The court acknowledged the seriousness of the defendant's previous conviction for culpable driving and the need for punishment, but also considered the defendant's remorse and the fact that he had already served a significant period of pre-sentence custody. The court determined that a suspended sentence was appropriate in this case, given the defendant's previous conviction and the need for deterrence. The court also required the defendant 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 18 months from 24 October 2016.

The final orders of the court were to cancel the Good Behaviour Order made on 11 November 2015, sentence the defendant to three years and four months imprisonment to commence on 1 September 2015, suspend the sentence for 18 months from 24 October 2016, and require the defendant 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 18 months from 24 October 2016.