R v MH
[2015] ACTSC 173
•18 June 2015
SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v MH |
Citation: | [2015] ACTSC 173 |
Hearing Date: | 3 June 2015 |
DecisionDate: | 18 June 2015 |
Before: | Burns J |
Decision: | See [37]-[41] |
Category: | Sentence |
Catchwords: | CRIMINAL LAW – Sentence – offences committed by and against young people – particular offences – property offences – dishonesty offences – burglary – theft – taking a motor vehicle without consent. |
Legislation Cited: | Crimes (Sentencing) Act 2005 (ACT) |
Parties: | The Queen (Crown) MH (Offender) |
Representation: | Counsel Mr J Walker (Crown) Mr Stagg (Offender) |
| Solicitors ACT Director of Public Prosecutions (Crown) Paul Edmonds & Associates (Offender) | |
File Number: | SCC 110 of 2012 |
BURNS J:
Background
MH, you appear before me today for sentence with respect to a number of offences committed both as a juvenile and as an adult. The offences which you committed as a juvenile occurred between August 2009 and January 2011. The offences which you committed as an adult were committed between June 2011 and March 2012.
The delay in finalising these matters occurred because, on 14 January 2013, I imposed convictions for all offences and imposed deferred sentence orders requiring you to appear for sentence on 15 November 2013. You were granted bail on condition that you were to attend the program at Canberra Recovery Services and, if for any reason you were discharged from or left that institution, you were to surrender yourself forthwith to this Court. Unfortunately, on 16 January 2013, you left Canberra Recovery Services and failed to surrender yourself as required by your bail undertaking. On 15 November 2013, you failed to appear for sentence and I was advised that you were serving a sentence in New South Wales. I ordered that a warrant issue for your arrest.
As I understand it, in January this year, you were apprehended in New South Wales on the warrant that I issued and you were extradited to the ACT and you have been held in custody since that time. I note that, prior to being released on the deferred sentence orders on 14 January 2013, you had been remanded in custody continuously from 8 March 2012.
I will now refer to the juvenile matters. The offences which you committed as a juvenile, and which were committed for sentence to this Court on 26 July 2012, were four offences of burglary, three offences of theft and four offences of taking a motor vehicle without consent. For convenience I will refer to these by the charge numbers allocated to them in the Magistrates Court:
(a)CH2012/617 was an offence of burglary that occurred sometime between 8.30 am and 11.15 am on 17 August 2009 at 34 Herron Crescent, Latham. You obtained entry to the premises by removing a flyscreen. Forensic officers from the Australian Federal Police obtained a fingerprint from the flyscreen which was analysed and matched your fingerprints.
(b)CH2012/618 was an offence of burglary that occurred on 29 December 2010, sometime between 1 am and 9 am at 125 Hannan Crescent, Ainslie. You obtained entry by using a set of house keys taken from a motor vehicle outside the premises. It is an aggravating circumstance attending the commission of this offence that it was committed at night and whilst the house was occupied.
(c)CH2012/619 was an offence of theft that occurred on 29 December 2010, involving theft of items from the house at 125 Hannan Crescent, Ainslie. The total approximate value of the items taken was $650.00.
(d)CH2012/620 was an offence of dishonestly and without consent taking a motor vehicle. One of the items that you stole from the house at 125 Hannan Crescent, Ainslie was a set of keys to a white Ford Fiesta motor vehicle belonging to the occupant of the house. After leaving the house, you opened the carport gate and drove the vehicle from the residence.
(e)CH2012/621 was a further offence of dishonestly and without consent taking a motor vehicle. On 30 December 2010, the owner of the white Ford Fiesta, which you had taken on 29 December 2010, located the vehicle parked around the corner from his residence. He used a spare key to drive the vehicle away. Sometime after 8 pm on 1 January 2011, you returned to 125 Hannan Crescent and used the keys that you had previously stolen to again take the vehicle. The gate of the carport was padlocked at that time but you lifted the gate off the support pole. The vehicle was subsequently located on 2 January 2011 and your fingerprint was found on the interior of the driver's window.
(f)CH2012/622 was an offence of burglary on 13 January 2011, which occurred at 43 Phillip Avenue, Hackett, sometime after 10.45 pm. You gained entry by forcing open the lounge room window. You took property from the premises including car keys for a white Subaru Forester owned by one of the occupants. It is an aggravating circumstance attending the commission of this offence that it was committed at night and whilst the premises were occupied.
(g)CH2012/623 was an offence of theft on 13 January 2011. You stole electrical equipment and other property to the value of $5,432.00.
(h)CH2012/624 was an offence of dishonestly and without consent taking a motor vehicle on 13 January 2011. Having stolen the car keys for the white Subaru Forester in the burglary on 13 January 2011 (at (f) above), you used the keys to take that vehicle from the garage at the residence.
(i)CH2012/625 was an offence of burglary on 18 January 2011 at 4 Warland Place, Charnwood, which occurred sometime after 10 pm that evening. You gained entry by removing the flyscreen from the kitchen window and forcing open the window. Your fingerprints were located on the water heater inside the residence. It is, again, an aggravating circumstance that this offence occurred at night and whilst the premises were occupied.
(j)CH2012/626 was an offence of theft connected with the burglary at 4 Warland Place, Charnwood. After entering the premises, you took the car keys for a white Holden Astra before leaving the premises.
(k)CH2012/627 was an offence of dishonestly and without consent taking a motor vehicle. Sometime after 2 am on 19 January 2011, you returned to 4 Warland Place, Charnwood and took the white Holden Astra using the keys that you had previously stolen. That vehicle was subsequently located on 29 January 2011 and your fingerprints were located on the driver's side window.
I will now turn to the offences which you committed as an adult. I will, again, refer to them by the file numbers allocated in the Magistrates Court.
(a)CC2012/3360 was an offence of burglary that occurred at unit 39, block 6, Maclaurin Crescent, Chifley at about 1.15 am on 18 June 2011. You obtained entry by removing a flyscreen from the kitchen window and forcing open the sliding dual panel window by manipulating the lock. It is an aggravating circumstance that this offence occurred at night and whilst the owners were in the premises.
(b)CC2012/3361 was an offence of theft associated with the offence of burglary on 18 June 2011. Whilst inside the residence, you took a set of car keys belonging to an occupant. You also unsuccessfully attempted to remove a television set but in doing so you disturbed the occupant. Your fingerprints were located on the front panel of the television.
(c)CC2012/3356 was an offence of burglary that occurred at 21 Alsop Close, Phillip on 20 June 2011. This offence occurred sometime between 8.50 am and 7.30 pm. You gained entry by removing a flyscreen and opening a window. Your fingerprints were subsequently located on property inside the premises.
(d)CC2012/3357 was an offence of theft associated with the offence of burglary on 20 June 2011. You stole a quantity of property to the value of $2,655.00.
(e)CC2012/3358 was an offence of burglary at 43 Hallen Close, Phillip, which occurred on 10 July 2011. This offence occurred sometime between 7.30 am and 7.30 pm. You gained entry to the premises by smashing a window and removing a flyscreen. Your fingerprint was located on the sliding window pane at the point of entry.
(f)CC2012/3359 was an offence of theft associated with the burglary on 10 July 2011. You stole cash, electrical equipment and jewellery to the value of $2,000.00.
(g)CC2012/3362 was an offence of burglary at 40 Sulman Place, Phillip, on 15 August 2011. This offence occurred sometime between 9 am and 1.30 pm. You gained entry by removing a glass panel from a window. Your fingerprint was subsequently located on the glass panel that had been removed to facilitate entry.
(h)CC2012/3363 was an offence of theft associated with the burglary on 15 August 2011. You stole electrical equipment and cameras to the value of $9,502.00.
(i)CC2012/3364 was an offence of burglary at 2 Beeby Street, Ainslie on 22 December 2011. This offence occurred sometime between 12.15 pm and 3 pm. You gained entry by breaking through a flyscreen and opening a window. Your fingerprint was subsequently located on the interior lock of the front door.
(j)CC2012/3365 was an offence of theft associated with the burglary on 22 December 2011. You stole jewellery and computers to the value of $12,446.81.
(k)CC2012/3366 was an offence of burglary at 8 Jordan Place, Watson on 15 January 2012. This offence occurred sometime between 8 am and 8 pm. You obtained entry by forcibly opening the back door of the premises. Your fingerprint was located on a mobile phone box in one of the bedrooms.
(l)CC2012/3367 was an offence of theft associated with the burglary on 15 January 2012. You stole electrical equipment, cash and jewellery to the value of $1,720.00.
(m)CC2012/3705 was an offence of burglary at 67 of 215 Aspinall Street, Watson on 8 February 2012. This offence occurred sometime between 6.45 am and 5.05 pm. You obtained entry by breaking a window. In the course of the burglary, clothing and other items were strewn all over the floor. Your fingerprints were subsequently located on the exterior of the broken window.
(n)CC2012/3706 was an offence of theft associated with the burglary on 8 February 2012. You stole electrical equipment and jewellery to the value of $1,450.00.
(o)CC2012/3707 was an offence of burglary at 2 Newton Street, Hackett on 10 February 2012. This offence occurred sometime between 8.15 am and 11.10 am. You gained entry by breaking a side gate, removing a flyscreen and breaking a window. Clothing and other items were strewn across the floor. Your fingerprint was located on an item in the kitchen of the residence.
(p)CC2012/3708 was an offence of theft associated with the burglary on 10 February 2012. You stole cash, electrical equipment and other items to the value of $3,850.00.
(q)CC2012/3370 was an offence of burglary at 30 Higinbotham Street, Watson on 20 February 2012. This offence occurred sometime between 9.45 am and 12.30 pm. You gained entry by removing a flyscreen and forcing a sliding window from its track. Property was strewn over the floors. Your fingerprints were located on a cupboard door in the master bedroom.
(r)CC2012/3371 was an offence of theft associated with the burglary on 20 February 2012. You stole cash, electrical equipment and other items to the value of $3,727.00.
(s)CC2012/2523 was an offence of burglary at 25 Dobson Street, Watson on 1 March 2012. This offence occurred sometime between 8 am and 4.50 pm. You gained entry by breaking a sliding window. The house was ransacked. Your fingerprints were located on the interior window sill near the broken window and on a ledge below that window.
(t)CC2012/2524 was an offence of theft associated with the burglary on 1 March 2012. You stole cash, electrical equipment, jewellery and other property to the value of $5,780.00.
On 29 November 2012, you signed a list of additional offences, asking me to take those offences into account in sentencing you for the offence of burglary on 18 June 2011 (at 5 (a) above). The offences are two offences of unlawful possession of stolen property. This property was located during a search of premises where you were residing in Watson on 8 March 2012. The first charge relates to an iPad 2 which had been taken from a residence in Dixon on 23 February 2012 (CC2012/3372). The second charge relates to a television DVD player that was taken whilst being delivered by Australia Post to an address in Chisholm on 24 February 2012 (CC2012/3709).
The maximum penalty for the offence of burglary is a fine of 1,400 penalty units, 14 years' imprisonment or both. The maximum penalty for the offence of theft is a fine of 1,000 penalty units, 10 years' imprisonment or both. The maximum penalty for the offence of taking a motor vehicle without consent is 500 penalty units, five years' imprisonment or both.
Consideration
When you appeared before me for sentence in January 2013 and I imposed deferred sentence orders, you had a relatively short but not insignificant criminal history. On 5 May 2007, two offences of aggravated burglary and one offence of riding in a motor vehicle without consent were found proved in the Childrens Court but no conviction was recorded and a Good Behaviour Order was imposed. On 30 March 2010, you were also given a non-conviction order in the Childrens Court for an offence of going equipped for theft. On 22 October 2010, you were given the benefit of a third non-conviction order in the Childrens Court for an offence of common assault. It was largely because of this relatively brief criminal history and your age that I gave you the opportunity in January 2013 to attend a residential rehabilitation program at Canberra Recovery Services.
I had the benefit of a number of pre sentence reports prepared prior to my imposing deferred sentence orders. The first report was prepared for proceedings in the Childrens Court on 22 October 2010 when you were 17 years old. At that time you were facing a charge of assault. The report notes that you were born in Orange, New South Wales, but subsequently moved to Canberra with your parents. You resided with your parents until you were 16 and then moved into an ACT government residence in Woden. At that time you were receiving Centrelink benefits.
You are the fourth eldest of 10 children. The Report notes that Care and Protection Services had received 20 reports in relation to your family, although the majority of those reports were in relation to your siblings. These reports indicated serious and persistent conflict, self‑damaging behaviour, child abandonment, family violence, emotional abuse, self-damaging behaviour, neglect, sexual exploitation and absconding. There were concerns expressed in the Report about your involvement in the criminal justice system, lack of meaningful structured daytime activities and lack of engagement in positive recreational activities. Your parents were apparently unwilling to attend Childrens Court proceedings concerning you or your siblings unless they were summonsed.
I take into account the contents of the Report concerning your schooling, which indicates a disrupted education marked by deteriorating performance and truanting. The Report also notes that there were some concerns about your mental health.
You said that you first started drinking alcohol when you were 14 years old and started smoking cannabis at about the same age. You said that you smoked cannabis almost every day, although your girlfriend had encouraged you to give up smoking cannabis. You said that you had not consumed alcohol or cannabis since being placed in custody at that time and indicated a desire to avoid using cannabis in the future. The author of the Report was of the opinion that your significant cannabis use and your use of alcohol were possibly contributing factors to your offending behaviour and any mental health issues.
The second report is dated 21 August 2012. In this Report you describe your upbringing in positive terms stating that your family life had been stable and supportive and it had been a negative peer group that had an antisocial influence on you. This description of your family life is at odds with information contained in the earlier Report. You reported leaving home at age 17 to reside in public housing with your then partner. This relationship subsequently broke down and you were admitted to the Canberra Hospital for a mental health assessment in 2010 after making threats of self-harm.
You and a subsequent partner had a child born in 2012. You told the author of the Report of 21 August 2012 that you wanted to reside with your partner and to support her and your child when you returned to the community.
You reported attending public schools in the ACT until leaving partway through year 9. You reported experiencing literacy difficulties and also reported frequent truanting. You were also subject to a number of suspensions due to fighting and other behavioural issues.
At the time of the preparation of this Report, you were undertaking a land management course in custody. You had a minimal work history. You again reported consuming alcohol from 13 years of age but you did not consider your alcohol use to be problematic. You said that cannabis was your drug of choice and that your offending behaviour had been to support your cannabis use. You said that you commenced smoking cannabis at about age 13 and that you had been in the habit of smoking a quarter ounce of cannabis a day at a cost of approximately $80.00. You said that you ceased using cannabis after you were incarcerated and reportedly noted an improvement in your physical and mental wellbeing. You stated that you had no intention of resuming cannabis use and you were confident that the responsibilities of being a father would assist you to maintain your motivation to abstain. You commenced the First Steps alcohol and other drug program in the Alexander Maconochie Centre (AMC) on 4 May 2012 but only attended two sessions before being exited for failing to attend. The Report noted that you had contacted a number of residential rehabilitation facilities in the ACT whilst you were in custody.
The author of the Report assessed you as at moderate risk of reoffending, although this could be reduced if you were to maintain abstinence from cannabis, obtain employment, disassociate yourself from criminal and antisocial peers and address your poor decision making.
The third report is dated 28 November 2012 and it is an update to the earlier Report of 21 August that year. This Report draws on earlier reports to note a recorded history of difficulties within your family. At the time of the preparation of that report, you were 19 years old and were in custody. You said that, when you were released from custody, you hoped to live either with your sister or return to your parents' home. You said that your six month old son had returned with his mother to her family in Griffith.
The Report notes that you had a history of mental disturbance, apparently related to stress, resulting in you being admitted to hospital on one occasion in 2010 due to suicidal ideation. You denied any ongoing mental health issues to the author of the Report at that time. You told the author of this Report, which dealt only with the offences that you committed as a juvenile, that you were motivated to commit the burglaries and thefts in order to find cash or goods which you could then use to purchase cannabis. You said that you would also purchase alcohol, food and other necessities as you did not have an income and your accommodation was not stable. You said that you smoked cannabis daily, at a cost of about $60.00 a day. You told the author of the Report that you used the motor vehicles which you took to carry the items which you had stolen or to drive home.
You told the author of the Report that you felt bad and regretted what you had done. You expressed regret about the effect of your actions on your victims, acknowledging that they would have felt frightened that someone had been through their house particularly when they were asleep. You told the author of the Report that you believed staying away from cannabis and people who smoked cannabis was important for your future. You indicated that you would need counselling to succeed in abstaining from cannabis use. You also said that you believed that you needed to find employment. The Report noted that your conduct in custody at the AMC had been mostly satisfactory.
The author of the Report expressed some concern about your prospects for rehabilitation unless you were able to maintain a committed effort to avoiding antisocial contacts and avoiding the use of alcohol and cannabis. He considered it important that you undertake structured programs to address your issues and to maintain a cannabis free lifestyle.
I note that, prior to imposing the deferred sentence orders, I also had a CADAS Report which referred to your professed desire to attend a residential rehabilitation program. Annexed to that Report was a letter from Canberra Recovery Services indicating that a bed was available for you in their program from 14 January 2013.
Before I imposed the deferred sentence orders, I also had the benefit of a report from Marshall O'Brien, a clinical psychologist. Mr O'Brien noted that you had experienced significant distress growing up, evidenced by early use of cannabis. He noted that you had a strong addiction to cannabis, which you used as a self-medication for anxiety. In his opinion, you suffered from a generalised anxiety disorder, which you were managing with self-destructive behaviour leading to criminal offending. He believed that there was a direct link between your use of cannabis and alcohol and your anxiety disorder, however, the use of those substances placed you at risk of further antisocial behaviour.
Mr O'Brien expressed the opinion that you needed access to psychotherapy that emphasises methods of self-soothing and self-confidence at a physiological and psychological level. He recommended that you be treated with psychotherapy and psychiatric prescribed medication for symptoms of severe anxiety. He further recommended that you be reunited with your partner and child as soon as practical upon returning to the community and that you be supported in the community in your parenting role and in obtaining employment.
It was in this context that I imposed the deferred sentence orders allowing you to attend the program at Canberra Recovery Services. At the time that I imposed those orders, I told you that I was giving you an opportunity to demonstrate your willingness to address drug and alcohol rehabilitation outside a custodial setting. I indicated to you that, if you did not comply with the terms of the deferred sentence orders, then the likely outcome would be a substantial period of imprisonment.
After you were arrested and returned to the ACT in January of this year, a further Pre Sentence Report was prepared. The Report notes that you are a 22 year old Aboriginal man with a history of property offences. Your behaviour in the AMC has generally been satisfactory. You are currently separated from your partner and your son. You told the author of the Report that you last used cannabis in November 2013, although I note that a drug abuse screening test, which was administered on 8 May 2015, assessed your drug use over the past 12 months as being at a substantial level and requiring further assessment. I note that you are undertaking the alcohol and other drug SMART Recovery program in the AMC and your engagement with this program has been described as satisfactory. A review by Mental Health Services at the AMC at the time of your induction in January this year identified no mental health issues. The Report assessed you as being at high risk of reoffending, primarily due to your lack of education and employment, alcohol and drug abuse, lack of prosocial peers and prosocial leisure activities and your attitude and orientation. You were assessed as unsuitable for community service but suitable for periodic detention.
You gave evidence at the sentence hearing that you had left Canberra Recovery Services because you wanted to go home and see your son. For a time you obtained employment, although that did not last. You said that you resided with your partner and your son and helped care for your son. Your son is now in the care of his maternal grandmother and you are no longer in a relationship with his mother. You said that, upon release, you plan to return to Griffith to see your son and to obtain employment.
You gave evidence that you did drug rehabilitation programs whilst you were in custody in New South Wales, from which you learned that you have made bad decisions in the past. You said that you learned ways to deal with issues which had previously led you to drug abuse. You said that you intend to participate in drug rehabilitation programs when you leave the AMC. I have some doubts, I must say, about your willingness to participate in drug rehabilitation programs when you are not in custody as you have never sought any treatment for drug rehabilitation in the past when you are not in custody.
I accept that your pleas of guilty with respect to these charges were early pleas but it must also be said that the evidence against you was strong, to the point of being overwhelming. I accept that your pleas demonstrate a degree of remorse for your actions and also have a significant utilitarian value. I will reduce by 20 per cent the sentences which I would otherwise have imposed to reflect your pleas of guilty.
With respect to those offences committed as a juvenile you are to be sentenced in accordance with the statutory regime applicable to sentencing juveniles. This entitles me to place a greater emphasis on rehabilitation and also obliges me to have particular regard to the common law principle of individualised justice.
This statutory regime for sentencing juveniles found in the Crimes (Sentencing) Act 2005 (ACT) does not apply to those offences which you committed as an adult. I note, however, that you were still a very young man at the time you committed your adult offences and as such rehabilitation is still a very significant sentencing consideration.
After you absconded from the ACT, you committed further offences in New South Wales, including offences of break and enter a house, theft, damaging property, goods in custody suspected of being stolen and affray. You were sentenced to a term of imprisonment with respect to some of these offences. I mention your subsequent convictions not because they are directly relevant to sentencing you for the offences before the Court today but because they demonstrate that you have not rehabilitated yourself since you left the ACT. I accept that you have been abstinent from illicit drugs during the period that you have been in custody but whether you have the commitment to maintain abstinence and to avoid further criminal offending when not in custody is still open to question.
With respect to those offences which you committed as an adult, general and personal deterrence are relevant sentencing considerations. I cannot say that your prospects for rehabilitation at the present time are particularly good but I accept that it is too early to abandon rehabilitation entirely. The desirability of achieving your rehabilitation must be balanced with the requirements for general and personal deterrence.
I am satisfied that these offences, both those you committed as a juvenile and those you committed as an adult, warrant terms of imprisonment. Whilst such a sentence is only to be imposed as a last resort, I am satisfied that nothing less will be appropriate. It appears to me that very little benefit was achieved, either for yourself or for the community, by deferring sentence in January 2013. Imprisonment, however, should not be viewed as an antithesis of rehabilitation. Often it represents the last best hope for rehabilitation of an offender.
In sentencing you for those offences which you committed as a juvenile, I am obliged to consider making a combination sentence consisting of a sentence of imprisonment and a good behaviour order with a supervision condition. I am satisfied that it is inappropriate to proceed in this way in your case as I must also impose sentences for your adult offences. The appropriate course is to impose sentences of imprisonment and to determine a non-parole period.
I note that you spent 312 days in custody prior to the deferred sentence orders being imposed. I note that you have been in custody with respect to these matters since you were arrested for the purposes of extradition on 8 January this year. I also take into account the fact that you spent approximately eight months in custody in New South Wales. I will backdate the commencement of the sentences that I will impose to 8 November 2013, 14 months before you were arrested to be extradited from New South Wales, to take into account the time that you have spent in custody before sentence. Very significant periods of concurrency are necessary, in my opinion, to give effect to the principle of totality and also to avoid imposing a crushing aggregate sentence.
Sentence
I impose the following sentences:
(a)On CH2012/617, you will be sentenced to six months' imprisonment commencing on 8 November 2013;
(b)On CH2012/618, you will be sentenced to eight months' imprisonment, of which two months will be consecutive with the sentence on CH2012/617;
(c)On CH2012/619, you will be sentenced to three months' imprisonment, of which one month will be consecutive with the sentence on CH2012/618;
(d)On CH2012/620, you will be sentenced to three months' imprisonment, of which one month will be consecutive with the sentence on CH2012/619;
(e)On CH2012/621, you will be sentenced to three months' imprisonment, of which one month will be consecutive with the sentence imposed on CH2012/620;
(f)On CH2012/622, you will be sentenced to eight months' imprisonment, of which two months will be consecutive with the sentence imposed on CH2012/621.
(g)On CH2012/623, you will be sentenced to four months' imprisonment of which two months will be consecutive with the sentence imposed CH2012/622.
(h)On CH2012/624, you well be sentenced to four months’ imprisonment, which will be entirely concurrent with the sentence imposed on CH2012/623;
(i)On CH2012/625, you will be sentenced to eight months' imprisonment, of which two months will be consecutive with the sentence imposed on CH2012/623;
(j)On CH2012/626, you will be sentenced to two months' imprisonment, of which one month is to be consecutive with the sentence imposed on CH2012/624; and
(k)On CH2012/627, you will be sentenced to three months' imprisonment, of which one month is to be consecutive with the sentence imposed on CH2012/626.
For the offences committed as a juvenile, this results in an aggregate sentence of 19 months' imprisonment commencing on 8 November 2013.
I will now turn to the adult offences:
(a)On CC2012/3360, you will be sentenced to 14 months' imprisonment, taking into account those matters contained on the list of additional offences, of which three months will be consecutive with the sentence that I imposed on charge CH2012/627;
(b)On CC2012/3361, you will be sentenced to three months' imprisonment, of which one month is consecutive with the sentence imposed on CC2012/3360;
(c)On CC2012/3356, you will be sentenced to 14 months' imprisonment, of which three months is consecutive with the sentence imposed on CC2012/3361;
(d)On CC2012/3357, you are sentenced to eight months' imprisonment, of which two months is consecutive with the sentence imposed on CC2012/3356;
(e)On CC2012/3358, you are sentenced to 14 months' imprisonment, of which three months is consecutive with the sentence imposed on CC2012/3357;
(f)On CC2012/3359, you are sentenced to six months' imprisonment, of which two months is consecutive with the sentence imposed on CC2012/3358;
(g)On CC2012/3362, you are sentenced to 14 months' imprisonment, of which three months is consecutive with the sentence imposed on CC2012/3359;
(h)On CC2012/3363, you are sentenced to eight months' imprisonment, of which two months is consecutive with the sentence imposed on CC2012/3362;
(i)On CC2012/3364, you are sentenced to 14 months' imprisonment, of which three months is consecutive on the sentence imposed on CC2012.3363;
(j)On CC2012/3365, you are sentenced to eight months' imprisonment, of which two months is consecutive on the sentence imposed on CC2012/3364;
(k)On CC2012/3366, you are sentenced to 14 months' imprisonment, of which three months is consecutive on the sentence imposed on CC2012/3365;
(l)On CC2012/3367, you are sentenced to three months' imprisonment, of which one month is consecutive with the sentence on CC2012/3366;
(m)On CC2012/3705, you are sentenced to 14 months' imprisonment, of which three months is consecutive on the sentence imposed on CC2012/3367;
(n)On CC2012/3706, you are sentenced to three months' imprisonment, of which one month is consecutive with the sentence imposed on CC2012/3705;
(o)On CC2012/3707, you are sentenced to 14 months' imprisonment, of which three months is consecutive upon the sentence imposed on CC2012/3706;
(p)On CC2012/3708, you are sentenced to three months' imprisonment, of which one month is consecutive with the sentence imposed on CC2012/3707;
(q)On CC2012/3370, you are sentenced to 14 months' imprisonment, of which three months will be consecutive on the sentence imposed on CC2012/3708;
(r)On CC2012/3371, you are sentenced to four months' imprisonment, of which one month is consecutive with the sentence imposed on CC2012/3370;
(s)On CC2012/2523, you are sentenced to 14 months' imprisonment, of which three months is to be consecutive with the sentence imposed on CC2012/3371; and
(t)On CC2012/2524, you are sentenced to six months' imprisonment, of which two months is consecutive with the sentence imposed on CC2012/2523.
The aggregate sentence which I have thus imposed for both juvenile and adult offences is one of five years and four months' imprisonment, commencing on 8 November 2013 and expiring on 7 March 2019.
I set a non-parole period commencing on 7 July 2014 and expiring on 7 October 2016.
| I certify that the preceding forty-one [41] numbered paragraphs are a true copy of the Reasons for Sentence of his Honour Justice Burns. Associate: Date: 21 July 2015 |
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