R v Millard (No 2)
[2019] ACTSC 393
•9 September 2019
SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Millard (No 2) |
Citation: | [2019] ACTSC 393 |
Hearing Date: | 9 September 2019 |
DecisionDate: | 9 September 2019 |
Before: | Burns J |
Decision: | See [4] |
Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Re-sentence – breaching of orders |
Cases cited: | R v Millard [2016] ACTSC 305 |
Parties: | The Queen (Crown) Matthew John Millard (Offender) |
Representation: | Counsel I Thomas (Crown) R Davies (Offender) |
| Solicitors Commonwealth Director of Public Prosecutions (Crown) Legal Aid ACT (Offender) | |
File Number: | SCC 237 of 2015 |
BURNS J:
Mr Millard is before me today in respect of breaching the orders made by Elkaim J several years ago in R v Millard [2016] ACTSC 305.
The statement of facts refers to, effectively, two tranches of offences that were dealt with by Elkaim J. The sentences for the first tranche of offences (CC2015/40939; CC2015/40941; CC2015/40942; CC2015/40943; CC2015/40945; CC2015/40946) commenced on 5 September 2016. My calculation is that there is three months left to serve with respect to those sentences, based upon the release date of
4 September 2017.
The second tranche is Counts 1, 3, and 7 (CC2015/40938; CC2015/40940; CC2015/40944). There is nine months left to serve.
The appropriate order is to revoke the Recognisance Order that was made by
Elkaim J. I impose sentences of nine months' imprisonment with respect to each of the offences that were before his Honour, to commence on 1 July 2018.
| I certify that the preceding four [4] numbered paragraphs are a true copy of the Reasons for Sentence of his Honour Justice Burns. Associate: Date: |