R v Peric

[2022] ACTSC 385

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Peric

Citation:

[2022] ACTSC 385

Hearing Date:

4 February 2023

DecisionDate:

10 February 2022

Before:

Refshauge AJ

Decision:

1.    It be noted that Mitchell John Peric has been assessed as eligible for a Drug and Alcohol Treatment Assessment.

2.    A Drug and Alcohol Treatment Assessment be prepared.

3.    The Director-General of the Health Directorate, through Alcohol and Drug Services and Forensic Mental Health, and the Director-General of Justice and Community Safety, through ACT Corrective Services, prepare a Drug and Alcohol Treatment Assessment and submit it to the Court and to members of the Treatment Order Team on or before Thursday 31 March 2022.

4.    The Crown be directed to file and serve its Sentencing Tender Bundle on or before Friday 1 April 2022.

5.    The accused be directed to file and serve a copy of any documents on which he proposes to rely on or before Monday 4 April 2022.

6.    The Crown be directed to file and serve any written submissions on sentence on or before Tuesday 5 April 2022.

7.    The accused be directed to file and serve any written submissions on sentence on or before Wednesday 6 April 2022.

8.    The proceedings be adjourned Friday 8 April 2022 at 2:30 pm for sentence.

9.    Mitchell John Peric be granted bail to appear on Friday 8 April 2022 at 2:30 pm on the conditions that:

a.    He reside at [redacted for legal reasons];

b.    Except in a case of emergency, he remain at his place of residence between the hours of 8:30 pm each day and 7:00 am the next day and that he present himself to the front door of the residence on request by an officer of ACT Policing during those hours;

c.     He report to the Officer-in-Charge of Belconnen Police Station each Tuesday and Friday between the hours of 10:00 am and 4:00 pm;

d.    He not consume alcohol, cannabis or any illicit drugs;

e.    He submit to supervision by the Commissioner of ACT Corrective Services or his delegate and obey all reasonable directions of the person supervising him, including attendance at assessment, treatment or counselling for mental health or drug or alcohol dependency;

f.   He submit to breath analysis or urinalysis if requested by any member of ACT Policing or by the person supervising him;

g.    He not be within the suburb of Conder or, unless in connection with his employment, the suburbs of Calwell, Theodore, Gordon or Banks;

h.    He not harass, intimidate or assault [redacted for legal reasons];

i.   He not be within 50 metres of [redacted for legal reasons];

j.   He not contact [redacted for legal reasons] directly or indirectly, except by telephone, SMS text or a messaging application, and with the prior written consent of [redacted for legal reasons]; and

k.     On request by any member of ACT Policing or the person supervising him, he provide access to such any prior written consent referred to in condition j…