SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Ngerengere (No 3) |
Citation: | [2016] ACTSC 299 |
Hearing Date: | 5 September 2016 |
DecisionDate: | 28 September 2016 |
Before: | Refshauge ACJ |
Decision: | 1. Michael Ngerengere be convicted of aggravated burglary on 7 August 2015. 2. Michael Ngerengere be sentenced to 18 months imprisonment to commence on 7 May 2016. 3. Michael Ngerengere be convicted of theft on 7 August 2015. 4. Michael Ngerengere be sentenced to 12 months imprisonment to commence on 7 May 2016. 5. The sentence be suspended for a period of 12 months from 28 September 2016. 6. Michael Ngerengere be required to sign an undertaking to comply with the offender’s Good Behaviour Obligations under the Crimes (Sentence Administration) Act 2005 (ACT) for a period of 18 months with the following conditions: (a) a probation condition that he accept the supervision of the Director-General or her delegate for 18 months or such lesser period as the person supervising him considers appropriate and obey all reasonable directions of the person supervising him; (b) a condition that: (i) he continue in the Bridge Program at Canberra Recovery Services until he has completed it; and (ii) if for any reason he leave or is discharged from the Bridge Program before he has completed it, he present himself in person to the Registrar of the Supreme Court within two working days for a review of this Good Behaviour Order. 7. Michael Ngerengere pay to the Registrar of the Supreme Court of the ACT within four years the sum of $2213, to be paid out to Mr Peter Cain, at the address provided by the ACT Director of Public Prosecutions. |
Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and punishment – sentencing – aggravated burglary – theft – guilty plea – assessment for an Intensive Correction Order – suitability for an Intensive Correction Order – reasons for not proceeding with an Intensive Correction Order – sentencing procedures – suspended sentence – sentence back-dated to take into account |
Legislation Cited: | Crimes (Sentencing) Act 2005 (ACT), ss 7, 29(1)(b), 78, 78(6), 78(7), 79, 118, Pt 4.2 Criminal Code 2002 (ACT), ss 308, 312 Crimes (Sentencing Procedure) Regulations 2013 (NSW), reg 14 Court Procedures Rules 2006 (ACT), r 4733 |
Cases Cited: | Boulton v The Queen [2014] VSCA 342 |
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- Case
- [2016] ACTSC 299
- Decision Date
CaseChat Overview and Summary
The court had to decide whether Ngerengere was suitable for an Intensive Correction Order, given the circumstances of the offences and his background. The court concluded that while Ngerengere was eligible for such an order, it was not the appropriate sentence in this case. The court highlighted the seriousness of the offences and the need for a custodial sentence to ensure public safety and deter future criminal behaviour. The court also took into account the time Ngerengere had already spent in pre-sentence custody and his participation in a residential drug rehabilitation program.
Following these considerations, the court sentenced Ngerengere to 18 months imprisonment for the aggravated burglary and 12 months for the theft, with the sentences to run concurrently. The court suspended the sentence for 12 months, effective from 28 September 2016, to allow Ngerengere to continue his rehabilitation efforts. Additionally, Ngerengere was required to comply with a Good Behaviour Order, which included specific conditions such as supervision by the Director-General and participation in the Bridge Program at Canberra Recovery Services. Ngerengere was also ordered to pay reparations to the victim in the amount of $2213.
Orders
Orders of the court
1. Michael Ngerengere be convicted of aggravated burglary on 7 August 2015.
2. Michael Ngerengere be sentenced to 18 months imprisonment to commence on 7 May 2016.
3. Michael Ngerengere be convicted of theft on 7 August 2015.
4. Michael Ngerengere be sentenced to 12 months imprisonment to commence on 7 May 2016.
5. The sentence be suspended for a period of 12 months from 28 September 2016.
6. Michael Ngerengere be required to sign an undertaking to comply with the offender’s Good Behaviour Obligations under the Crimes (Sentence Administration) Act 2005 (ACT) for a period of 18 months with the following conditions:
(a) a probation condition that he accept the supervision of the Director-General or her delegate for 18 months or such lesser period as the person supervising him considers appropriate and obey all reasonable directions of the person supervising him;
(b) a condition that:
(i) he continue in the Bridge Program at Canberra Recovery Services until he has completed it; and
(ii) if for any reason he leave or is discharged from the Bridge Program before he has completed it, he present himself in person to the Registrar of the Supreme Court within two working days for a review of this Good Behaviour Order.
7. Michael Ngerengere pay to the Registrar of the Supreme Court of the ACT within four years the sum of $2213, to be paid out to Mr Peter Cain, at the address provided by the ACT Director of Public Prosecutions.
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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