R v Michael Pang

[2014] ACTSC 319

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Michael Pang

Citation:

[2014] ACTSC 319

Hearing Date(s):

23 April 2014, 22 July 2014, 26 August 2014

DecisionDate:

26 August 2014

Before:

Refshauge J

Decision:

1.     Michael Pang be convicted of causing damage to the property known as 53 Wentworth Avenue, Kingston, on 31 August 2013. 

2.     Michael Pang be sentenced to twelve months’ imprisonment.

3.     That sentence be suspended from 26 August 2014. 

4.     Michael Pang be required to sign an undertaking to comply with the offenders good behaviour obligations under the Crimes (Sentence Administration) Act 2005 (ACT) for a period of five years, with the following conditions:

a)     that he be on probation subject to the supervision of the Director‑General, or her delegate, for five years, or such lesser period as the person delegated to supervise him considers necessary, and that he obey all reasonable directions of the person delegated to supervise him;

b)     that he perform one hundred hours of community service work within twelve months from 26 August 2014;

c)     that he comply with the treatment recommended by ACT Mental Health Services;

d)     that he consent to ACT Mental Health Services, providing the person delegated to supervise him with any information about his treatment and counselling and his compliance with that treatment and counseling; and

e)     that he pay the sum of $22,755.48 to Lockhead Martin Australia trading as Lockhead Martin Centennial House by paying to the Registrar of the Supreme Court for payment out to Lockhead Martin, 53 Wentworth Avenue, Kingston, ACT, not less than $5,000 per year.

Category:

Principal Judgment

Catchwords:

CRIMINAL LAW – Judgment and Punishment – Sentencing Damaging property – Mental illness involved in offender’s criminality – Mental illness reduced offender’s moral culpability as distinct from his legal culpability

Legislation Cited:

Crimes (Sentence Administration) Act 2005 (ACT), s 89(5)

Criminal Code 2002 (ACT), s 403

Cases Cited:

Director of Public Prosecutions of (Vic) v Derby (2007) 171 A Crim R 302

Halden v The Queen (1983) 9 A Crim R 30
R v Hamid [2002] VSCA 9
R v Israil [2002] NSWCCA 255
R v Verdins (2007) 16 VR 269

Parties:

The Queen (Crown)

MIchael Pang (Offender)

Representation:

Counsel

Ms A Begley (Crown)

Mr M O’Brien (Offender)

Solicitors

Director of Public Prosecutions (ACT) (Crown)

Legal Aid (ACT) (Offender)

File Number(s):

SCC 9 of 2014

Refshauge J:

1. When people face challenging situations, their response can be affected by their mental circumstances, so that while the human feeling involved is understandable, the action taken can be disproportionate and sometimes criminal. 

1. While the courts must respond to protect society against crime, for it disrupts the community and undermines the safety and security we are entitled to expect, courts must also impose an individualised sentence that recognises and gives appropriate weight to the personal circumstances of the offender, especially when he or she faces mental challenges.

The facts

1. In June or July 2013, Michael Pang was dismissed from his employment at Lockhead Martin, where…