R v Ogle (No 3)
[2020] ACTSC 188
•9 July 2020
SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Ogle (No 3) |
Citation: | [2020] ACTSC 188 |
Hearing Dates: | 14 April and 9 July 2020 |
DecisionDate: | 9 July 2020 |
Before: | Mossop J |
Decision: | See [13] |
Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and punishment – breach of good behaviour order – further offence of driving with a prescribed drug in oral fluid – strong subjective circumstances – resentence – intensive correction order |
Legislation Cited: | Crimes (Sentence Administration) Act 2005 (ACT), s 110(2) |
Parties: | The Queen (Crown) Cassie Ogle (Offender) |
Representation: | Counsel C Wanigaratne (Crown) T Taylor (Offender) |
| Solicitors ACT Director of Public Prosecutions (Crown) McKenna Taylor (Offender) | |
File Number: | SCC 120 of 2017 |
MOSSOP J:
Introduction
Cassie Ogle was sentenced by me on 9 May 2018. She was given a sentence of 19 months and seven days’ imprisonment, which was suspended after having served seven months in prison upon entry into a good behaviour order for a period of 12 months. The 12 month period ran from 8 December 2018 until 7 December 2019.
On 19 September 2019 she committed a further offence of driving with a prescribed drug in her oral fluid. That was a breach of the good behaviour order. It occurred somewhat less than three months prior to the end of the good behaviour order. She had therefore served approximately nine months of the 12 months of the good behaviour order.
There was nothing about her manner of driving which drew her to the attention of police. There is no evidence that her driving was impaired by whatever level of methamphetamine was detected in her oral fluid. She was charged on 6 November 2019.
In December 2019 she attempted suicide. A contributing factor to that suicide attempt was her fear of being returned to custody where she had been bullied and assaulted by other inmates.
In January 2020 her former partner committed suicide.
On 25 March 2020 she was convicted of the offence of driving with a prescribed drug in her oral fluid and the sentencing proceedings were adjourned until 1 July 2020. Those proceedings have now been adjourned to 22 July 2020 pending these proceedings before me.
She has been assessed as suitable for an intensive correction order.
She has seen Leesa Morris, a forensic psychologist, on one occasion. There is at least the possibility that she will continue to see Ms Morris.
The letter from her mother dated 13 April 2020 provides information about her period in custody, her suicide attempt and the death of her former partner. The information in that letter was supplemented by oral evidence from her mother, which was consistent with the letter and provided some more details about the circumstances of her assault whilst in custody. A letter dated 7 July 2020 from her mother reports that the offender is “now getting the support she needs to continue making positive choices in her life” and has “started to disassociate from bad influences and re-engage with family and other long term friends”. She indicates that she continues to support the offender and is happy for the offender to continue residing with her and her partner in the long-term.
Consideration
Under s 110(2) of the Crimes (Sentence Administration) Act 2005 (ACT) it is necessary to either impose the suspended portion of the sentence or to resentence the offender. Having regard to the nature of the further offending, the period spent subject to the good behaviour order prior to the offending and the positive signs in relation to the offender’s longer term rehabilitation, I consider that it is appropriate to resentence the offender rather than to impose the balance of the suspended sentence.
Having served a period in custody, an intensive correction order is now an appropriate sentencing option. The matter remains one where the objective gravity of the offending continues to warrant the imposition of a custodial sentence. It must be remembered that the nature of the offending was such as to impose lifelong consequences upon the victims of the offending. However, it must also be remembered that the interest of the community will be served in the long-term by the rehabilitation of the offender.
Therefore, the resentence of the offender will be to a period of seven months’ imprisonment to be served by way of intensive correction. This will allow her to continue with her rehabilitation, particularly in relation to drug use, antisocial associates and employment.
The order of the Court is:
1. The offender is sentenced to imprisonment for seven months commencing on 9 July 2020 and ending 8 February 2021, which is to be served by way of intensive correction in the community.
| I certify that the preceding thirteen [13] numbered paragraphs are a true copy of the Reasons for Sentence of his Honour Justice Mossop. Associate: Date: 15 July 2020 |
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