SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v KI (No 3) |
Citation: | [2021] ACTSC 297 |
Hearing Dates: | 8 November 2021 and 19 November 2021 |
DecisionDate: | 19 November 2021 |
Before: | Loukas-Karlsson J |
Decision: | See [54] |
Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – breach of suspended sentence – breach of good behaviour order – breach by further offending – where original offences were committed when offender was a young person – where fresh offences were committed when offender is now an adult – re-sentence |
Legislation Cited: | Crimes (Sentence Administration) Act 2005 (ACT) ss 86, 107, 108, 110 Crimes (Sentencing) Act 2005 (ACT) s 12 Road Transport (Safety and Traffic Management) Act 1999 (ACT) ss 7, 7A |
Cases Cited: | Director of Public Prosecutions (NSW) v Cooke [2007] NSWCA 2; 168 A Crim R 379 Guy v Anderson [2013] ACTSC 5 |
Parties: | The Queen ( Crown) KI ( Offender) |
Representation: | Counsel N Deakes ( Crown) S Zahnleiter ( Offender) |
| Solicitors ACT Director of Public Prosecutions ( Crown) Legal Aid ACT ( Offender) | |
File Numbers: | SCC 99 of 2020; 100 of 2020 |
LOUKAS-KARLSSON J:
Introduction
On 15 February 2021, KI (the offender) was sentenced by me for various offences that occurred at the Bimberi Youth Justice Centre: R v KS; R v KN; R v KI (No 2) [2021] ACTSC 23 (R v KI (No 2)). The offences and respective sentences were as follows at [182]-[191] of R v KI (No 2):
182. I record convictions in relation to the offences.
183. In respect of the offence of assault occasioning actual bodily harm (CH 1088/2019), the young person is sentenced to a term of 12 months of imprisonment, commencing on 4 February 2021 and expiring on 3 February 2022.
184. In respect of the offence of conspiring to escape from custody (CH1092/2019), the young person is sentenced to a term of 10 months of imprisonment, commencing on 4 May 2021 and expiring on 3 March 2022.
185. In respect of the offence of common assault (CH1085/2019), the young person is sentenced to a term of five months of imprisonment, commencing on 4 February 2022 and expiring on 3 July 2022.
186. In respect of the offence of common assault (CH1087/2019),…
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