R v Krsteska
[2018] ACTSC 353
•18 October 2018
SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Krsteska |
Citation: | [2018] ACTSC 353 |
Hearing Date: | 18 October 2018 |
DecisionDate: | 18 October 2018 |
Before: | Burns J |
Decision: | See [4]-[6] |
Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – committed a further offence after having been placed on a suspended sentence – whether to impose suspended sentence or re-sentence |
Parties: | The Queen (Crown) Menka Krsteska (Offender) |
Representation: | Counsel Mr M Fernandez (Crown) Mr S McLaughlin (Offender) |
| Solicitors ACT Director of Public Prosecutions (Crown) Legal Aid ACT (Offender) | |
File Number: | SCC 285 of 2014 |
BURNS J:
Ms Krsteska, there are a number of concerning features about the material that has been put before me. Firstly, of course, there is the fact that you committed a further offence on 16 November 2017 after having been placed on a suspended sentence by me on 5 September 2016 (on CC14/11780). However, I note that the offence was one of minor theft and was of a different nature to the offence which was before me in September 2016.
I also note that it is concerning that apparently when you were required to undergo urinalysis on 3 October 2018, results detected the presence of amphetamine and methamphetamine. It is clear that you have not yet finally been able to rid yourself of the addiction to these substances. However, I do accept that you have taken steps towards dealing with that.
I accept that you have subsequently spent some time in custody in New South Wales with respect to offences that occurred in that jurisdiction. I also accept there has been an improvement in your attitude and approach to dealing with Corrective Services, as revealed by the Pre-Sentence Report. It is also heartening to hear that you have found some employment.
Sentence
I am going to accept the submission that has been made on your behalf by Mr McLaughlin, and which has not been opposed by the Crown, that I cancel the good behaviour order which I imposed on 5 September 2016 and re-sentence you as opposed to simply imposing the portion of the sentence that had been suspended.
Bearing in mind the period of time that you have been subject to the order and the matters to which I have referred, having cancelled the good behaviour order of 5 September 2016, you will be re-sentenced to 12 months' imprisonment which will be suspended forthwith.
There will be a good behaviour order for a period of 12 months from today with a condition that you are to accept the supervision of the Director General, or that person's delegate, for that period of 12 months, or such lesser period as deemed appropriate by your supervising officer, and you are to obey all reasonable directions of any such person, including but not limited to attending counselling and/or programs dealing with illicit drug use, employment, mental health issues and anti-social attitudes and associates.
| I certify that the preceding six [6] numbered paragraphs are a true copy of the Reasons for Sentence of his Honour Justice Burns. Associate: Date: 15 February 2019 |
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