R v Ngerengere
[2020] ACTSC 271
•7 October 2020
SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Ngerengere |
Citation: | [2020] ACTSC 271 |
Hearing Date: | 7 October 2020 |
DecisionDate: | 7 October 2020 |
Before: | Elkaim J |
Decision: | See [18] |
Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – common assault – possessing a drug of dependence |
Legislation Cited: | Crimes Act 1900 (ACT) s 26 |
Parties: | The Queen (Crown) Michael Ngerengere (Offender) |
Representation: | Counsel M Smith (Crown) J De Bruin (Offender) |
| Solicitors ACT Director of Public Prosecutions (Crown) ACT Legal Aid (Offender) | |
File Numbers: | SCC 71 of 2020; SCC 70 of 2020 |
ELKAIM J:
The offender has pleaded guilty to two charges:
(a)One charge of common assault (SSCAN125/2020) contrary to s 26 of the Crimes Act 1900 (ACT). The maximum penalty is 2 years’ imprisonment.
(b)One charge of possessing a drug of dependence (CC13146/19) contrary to s 169(1) of the Drugs of Dependence Act1989 (ACT). The maximum penalty is 2 years imprisonment, a fine of $8000 or both. This charge had been transferred from the Magistrates Court.
The pleas of guilty entitle the offender to a discount on his sentence which I assess at about 20%.
On 12 December 2019 a Mr Plews was sitting on a bench outside the City Labour Club in Canberra. The offender approached him and accused him of being a paedophile. He then grabbed the victim’s beanie which fell off. The offender slapped the victim’s face. After being arrested the offender described his actions in this way:
All I did was take the beanie off a pest and stomped it on the ground.
The offender also seems to have adopted a mission to protect children against persons he deems to be predators.
When he was arrested the offender was carrying a bag. A search of the bag revealed .092 g of methylamphetamine.
The offender has been in custody for seven days in relation to these offences.
The offences must be regarded as being of minor objective seriousness.
The offender was born in 1972. He has amassed a significant number of offences to make up his criminal record. His record stretches through the ACT and into New South Wales, Victoria and the Northern Territory.
The offender was born in New Zealand and came to Australia as a teenager. He has four siblings. He had a traumatic childhood being subject to domestic violence and psychological abuse from both his parents. On one occasion, when he was 10 years old, he was hit on the head with a hammer resulting in a fractured skull. He has little to do with his family.
The offender has had two long-term relationships resulting in four children. He gets on well with his children. Unfortunately one of his sons seems to have followed in his footsteps and is currently residing at the Alexander Maconochie Centre.
The offender does not have much of an education. He was expelled after Year 5. He has been on a disability support pension for more than 15 years due to mental health issues. He apparently once worked in the construction industry and in an abattoir.
The offender has a long history of drug and alcohol abuse, although the latter seems to have dropped off recently. The drug problem still prevails.
The offender’s mental health issues continue and he is under the supervision of ACT Mental Health. He is managed as a voluntary patient and is dependent on a long acting antipsychotic injection every fortnight. This addresses his psychotic disorder.
The offender told the authors of the pre-sentence report that he overreacted in committing the offence and the victim did not deserve to be treated as he was. There seems to be a genuine element of remorse.
The authors assessed the offender as having a high risk of general reoffending. They suggest that if he were to “genuinely engage in interventions to address [his various issues] and make significant changes to his lifestyle, this risk might reduce”.
I must take into account the provisions of the Crimes (Sentencing) Act 2002 (ACT) including the need for general deterrence as well as specific deterrence. On the other hand the offences are really quite minor, and there have been pleas of guilty and expressions of remorse.
Were it not for the offender’s criminal record, a figurative slap on the wrist might have been appropriate.
I make the following orders:
(a)For the offence of common assault (SSCAN125/2020) the offender is sentenced to imprisonment for 4 months’ after reduction for the plea, to commence on 1 October 2020 and end on 31 January 2021.
(b)For the possession offence (CC13146/19) the offender is sentenced to 1 month imprisonment to commence on 1 October 2020 and end on 31 October 2020.
(c)Both terms of imprisonment are suspended immediately on condition that the offender enter into a Good Behaviour Order for a period of 12 months together with the following condition:
(i)That he comply with all directions of ACT Mental Health during the 12 month period.
| I certify that the preceding eighteen [18] numbered paragraphs are a true copy of the Reasons for Sentence of his Honour Justice Elkaim. Associate: Date: 8 October 2020 |
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