SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v NGERENGERE |
Citation: | [2015] ACTSC 224 |
Hearing Date(s): | 30 July 2015 |
DecisionDate: | 7 August 2015 |
Before: | Refshauge J |
Decision: | 1. Michael Ngerengere be convicted of the offence of burglary on 18 July 2014. 2. Michael Ngerengere be convicted of the offence of theft on 18 July 2014. 3. Michael Ngerengere appear before this Court at 9:30 am on 9 March 2016 to be sentenced for the offences of burglary and theft. 4. Michael Ngerengere be released on bail to appear before this Court at 9:30 am on 9 March 2016 subject to the following conditions: a) That he accept supervision by the Director-General or her delegate and obey all reasonable directions of the person supervising him. b) That he admit himself to the Karralika Therapeutic Community on 7 September 2015 and remain in the rehabilitation program there until he appears again in court. c) That he comply with any requirements of the Karralika Therapeutic Community for pre-admission detoxification. d) That he obey all reasonable directions of the person in charge of the Karralika program and consent to that person providing to the person supervising him any information about his progress as may be reasonably requested. e) That, if he are not admitted to the program or if he leaves or is discharged from the program for any reason, he report to the Registrar of the Supreme Court within 24 hours or the next business day to have his bail reconsidered. f) That he not consume illicit drugs. |
Category: | Principal Judgment |
Catchwords: | CRIMINAL LAW – Practice and Procedure – Bail – Aggravated burglary – Theft – Childhood disadvantage – Serious mental health issues – Significant drug use – Extensive criminal history – Offender seeking rehabilitation – Deferred sentence order |
Legislation Cited: | Crimes (Sentencing) Act 2005 (ACT), ss 7, 33 Criminal Code 2002 (ACT), ss 312, 308 |
Cases Cited: |
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Parties: | The Queen (Crown) Michael Ngerengere (Defendant) |
Representation: | Counsel Ms S McMurray (Crown) Mr R Davies (Defendant) |
| Solicitors ACT Director of Public Prosecutions (Crown) Legal Aid ACT (Defendant) | |
File Number(s): | SCC 66 of 2015 |
REFSHAUGE J:
This Court sees many cases of burglary and theft where business, community or residential premises are entered by trespassers seeking to steal property from them.
It is the duty of the courts to address this criminal conduct by its powers of sentencing. This requires the court to balance the purposes of sentencing set out in s 7 of the Crimes (Sentencing) Act 2005 (ACT), which the legislature has provided are to be used…
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- R v Ngerengere [2015] ACTSC 224
- Case
- [2015] ACTSC 224
- Decision Date
CaseChat Overview and Summary
The court examined the principles of bail under the Bail Act, considering the gravity of the offences, Ngerengere's criminal history, and the likelihood of him appearing in court. The court noted that while the offences were serious, Ngerengere's background and desire for rehabilitation were compelling. The court found that the risk of reoffending could be mitigated by placing him in a structured rehabilitation program. The court was satisfied that the conditions of bail, particularly his admission to the Karralika Therapeutic Community, provided a sufficient safeguard to the community while allowing Ngerengere the opportunity to address his issues.
In light of the above, the court granted bail to Michael Ngerengere, subject to stringent conditions designed to ensure his appearance in court and to facilitate his rehabilitation. These conditions included accepting supervision, complying with the Karralika Therapeutic Community's requirements, and refraining from drug use. Ngerengere was to appear before the court for sentencing on 9 March 2016.
Orders
Orders of the court
1. Michael Ngerengere be convicted of the offence of burglary on 18 July 2014.
2. Michael Ngerengere be convicted of the offence of theft on 18 July 2014.
3. Michael Ngerengere appear before this Court at 9:30 am on 9 March 2016 to be sentenced for the offences of burglary and theft.
4. Michael Ngerengere be released on bail to appear before this Court at 9:30 am on 9 March 2016 subject to the following conditions:
a) That he accept supervision by the Director-General or her delegate and obey all reasonable directions of the person supervising him.
b) That he admit himself to the Karralika Therapeutic Community on 7 September 2015 and remain in the rehabilitation program there until he appears again in court.
c) That he comply with any requirements of the Karralika Therapeutic Community for pre-admission detoxification.
d) That he obey all reasonable directions of the person in charge of the Karralika program and consent to that person providing to the person supervising him any information about his progress as may be reasonably requested.
e) That, if he are not admitted to the program or if he leaves or is discharged from the program for any reason, he report to the Registrar of the Supreme Court within 24 hours or the next business day to have his bail reconsidered.
f) That he not consume illicit drugs.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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