R v Parker (No 2)
[2022] ACTSC 13
SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Parker (No 2) |
Citation: | [2022] ACTSC 13 |
Hearing Date: | 2 February 2022 |
DecisionDate: | 2 February 2022 |
Before: | Murrell CJ |
Decision: | Good behaviour orders are cancelled. Re-sentenced to 21 months’ imprisonment, fully suspended on offender entering into good behaviour orders for a period that equates to two years from date of breach |
Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – breach of good behaviour orders – breach by further offending – where breach offence is of different nature and severity to the original offence – where significant prospects for rehabilitation |
Legislation Cited: | Crimes (Sentence Administration) Act 2005 (ACT) ss 86(1)(a), 110(2) Criminal Code 2002 (ACT) s 310 Road Transport (Alcohol and Drugs) Act 1977 (ACT) s 19 |
Cases Cited: | R v Parker [2020] ACTSC 38 R v Parker [2021] ACTSC 57 |
Parties: | The Queen (Crown) Jasmin Parker (Offender) |
Representation: | Counsel S Janackovic (Crown) T Cobden (Offender) |
| Solicitors ACT Director of Public Prosecutions (Crown) Legal Aid ACT (Offender) | |
File Number: | SCC 248 of 2019 |
MURRELL CJ:
Introduction
The offender is before the Court for breach of good behaviour orders imposed on 18 March 2021.
Between May and June 2019, the offender committed, or attempted to commit, three aggravated robberies, contrary to s 310 of the Criminal Code 2002 (ACT).
On 20 May 2019, the offender attempted to commit an aggravated robbery at John James Hospital (Count 1). On the same date, she committed an aggravated robbery at a grocery store in Braddon (Count 2). On 23 July 2019, she committed an aggravated robbery at a grocery store in Dickson (Count 3). On each occasion, the offender was in possession of a knife and was in company with her mother: see R v Parker [2020] ACTSC 38. At the time of the offences, the offender was 18 years old. She had experienced a troubled upbringing and had used significant quantities of illicit substances from 12 years of age.
On 4 February 2020, Burns J convicted the offender of each offence and made a deferred sentence order, placing the offender on bail.
The offender’s progress during the period of the deferred sentence order was positive, although there were what Burns J described as “ups and downs”.
On 18 March 2021, his Honour imposed the following sentences:
(a)Count 1: nine months’ imprisonment, from 18 March 2021 to 17 December 2021.
(b)Count 2: 18 months’ imprisonment, from 18 March 2021 to 17 September 2022.
(c)Count 3: 18 months’ imprisonment, from 18 June 2021 to 17 December 2022.
The aggregate sentence was 21 months’ imprisonment, which was fully suspended upon the offender entering into good behaviour orders for a period of two years, from 18 March 2021 to 17 March 2023: R v Parker [2021] ACTSC 57.
Facts of the breach
At 4:30AM on 10 June 2021, the offender committed the offence of driving with a prescribed concentration of alcohol in her blood or breath contrary to s 19 of the Road Transport (Alcohol and Drugs) Act 1977 (ACT). As a provisional licensee, she was detected with 0.090g of alcohol per 210L of breath. There were four passengers in the vehicle.
On 11 November 2021, Magistrate Taylor convicted the offender, imposed a fine of $350, and disqualified her from driving for three months.
Consideration
I am satisfied that the offender has breached her good behaviour obligations associated with a suspended sentence. Consequently, I must cancel the good behaviour orders and either impose the suspended sentence or re-sentence the offender for the offence: Crimes (Sentence Administration) Act 2005 (ACT) s 110(2).
It is well established that, prima facie, breach of a good behaviour order associated with a suspended sentence will result in activation of the suspended sentence.
In this case, the following considerations are relevant to determining the appropriate outcome.
(a)The breach offence was committed approximately three months after the imposition of the good behaviour orders, which related to serious offences.
(b)Apart from the breach offence, the offender has apparently engaged in no other criminal activity since the original offences, which were committed some years ago.
(c)The breach offence is of a different nature and severity to the original offences.
(d)The offender is a young adult with a troubled history who has experienced “ups and downs” in relation to rehabilitation.
(e)Currently, there are significant prospects for rehabilitation. The offender obtained employment at a beauty clinic in January 2022 and has now completed a Diploma in Beauty Therapy at the Canberra Institute of Technology. She has secured stable accommodation. She is not associating with her mother, who has been a negative influence.
(f)The offender has been using cannabis. The breach offence relates to the consumption of alcohol. However, the offender has been undertaking alcohol and drug counselling since September 2021 and a report states that she is conscientious and engaging well.
The most recent pre-sentence report (dated 25 January 2022) recommends a medium level of intervention by ACT Corrective Services by way of supervision to address substance abuse, mental health issues (anxiety and depression) and “attitude and orientation”.
Sentence
I cancel the good behaviour orders imposed by Burns ACJ on 18 March 2021.
In relation to each offence, the offender is re-sentenced to the period of imprisonment imposed by his Honour, but on the basis that the sentences are fully suspended upon the offender entering into a good behaviour order for two years from 10 June 2021, that is a good behaviour order that commences today and expires on 9 June 2023.
| I certify that the preceding fifteen [15] numbered paragraphs are a true copy of the Reasons for Sentence of her Honour Chief Justice Murrell Associate: Date: |