R v Masling

[2017] ACTSC 401

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Masling

Citation:

[2017] ACTSC 401

Hearing Dates:

10 May and 11 December 2017

DecisionDate:

11 December 2017

Before:

Burns J

Decision:

See [4]-[7]

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – serious offences – deferred sentence orders – opportunity to address issues leading to being involved in trafficking in illicit drugs – suspended sentences of imprisonment – Good Behaviour Order

Parties:

The Queen (Crown)

Robert Masling (Offender)

Representation:

Counsel

Ms S McMurray (Crown)

Mr J Purnell SC (Offender)

Solicitors

ACT Director of Public Prosecutions (Crown)

Sharman Robertson Solicitors (Offender)

File Number:

SCC 2 of 2017

BURNS J:

1. Mr Masling, as I believe I indicated to you on the last occasion that you were before me, on 10 May 2017, the offences to which you pleaded guilty in the Magistrates Court were serious offences and they justified the imposition of terms of imprisonment. I gave you an opportunity by way of a deferred sentence so that you were able to address those issues which led you into being involved in the trafficking in illicit drugs. 

1. It is very pleasing that you have taken the opportunity that has been given to you. Far too frequently those who are given such an opportunity do not make the most of it and you are one of a very small number who come before me who I can say, with all honesty, have taken that opportunity to the best of their ability. Of course, you must understand that this is only the beginning of the process. I am sure that has been made very clear to you in the program that you have been undertaking. You cannot let your guard down and you must maintain your commitment.

1. I indicated on 10 May 2017 that if you complied with the terms of the deferred sentence order I would impose suspended terms of imprisonment and that is what I am going to do. I note that you spent 50 days in pre‑sentence custody and I will take that into account by backdating the sentences which I am about to impose. 

Sentence

1. With respect to the charges, and I will use the Magistrates Court numbering for convenience, charges numbered CC16/11036, CC16/11038, CC16/11041, CC16/11042 and CC16/11043, I will impose sentences of 18 months imprisonment which I have reduced from two years in order to reflect your pleas of guilty. Those sentences will be concurrent and they will commence on 22 October 2017 and expire on 21 April 2019. 

1. I think I have already in fact imposed convictions via imposing the deferred sentence orders but in any event I will confirm the convictions. With respect to the charge of sale or supply of a drug of dependence (CC17/675) you will be sentenced to nine months imprisonment which I have reduced from 12 months in order to reflect your plea of guilty. That will commence on 22 December 2018 and expire on 21 September 2019.

1. The total sentence which I have, therefore, imposed is one of 23 months imprisonment, commencing on 22 October 2017 and expiring on 21 September 2019. The period commencing on 22 October 2017 and expiring yesterday, being 10 December 2017 will be served by way of full‑time imprisonment, and that is to reflect the 50 days pre‑sentence custody that you served. 

1. The balance of those sentences will be suspended and there will be a Good Behaviour Order for a period of two years from today with a condition that you are to accept the supervision of the Director‑General of ACT Corrective Services for that period of two years or such less a period as deemed appropriate by your supervising officer and you are to obey all reasonable directions of each such person.

1. I think that deals with all of the matters. The effect of that is that the sentences are suspended as of today and you will be obliged to enter into a Good Behavioural Order to be of good behaviour for a period of two years from today. If you do not commit any further offences within that two year period and you comply with the directions that are given to you by Corrective Services then there is no need for you to serve any further period of imprisonment. However, if you commit some further offence within that two year period or you do not comply with the directions that are given to you by Corrective Services, you may be brought back before the Court to be dealt with on a breach of these orders, at which time a further term of imprisonment may be imposed. I wish you the best.

I certify that the preceding eight [8] numbered paragraphs are a true copy of the Reasons for Sentence of his Honour Justice Burns.

Associate:

Date: 14 February 2018