R v Rb Lincoln No. DCCRM-03-1185

[2004] SADC 31

R v Rikki Barry Lincoln
[2004] SADC 31

CRIMINAL - SENTENCE
JUDGE DAVID SMITH

1. Rikki Barry Lincoln has pleaded guilty to 13 offences which had the effect of breaching a suspended sentence bond entered into by him in this Court on the 13^th February 2001 and further has pleaded guilty to two other offences committed after the period of the bond.  He has acknowledged the breach of bond.

   District Court Bond – 13^th February 2001

2. For the offence of common assault committed by the defendant on the 18^th February 2000, he was imprisoned, in this Court by Her Honour Judge Vanstone, for two months but the term of imprisonment was suspended upon him entering into a bond in the sum of $200 to be of good behaviour for two years.

3. The following offences breached the above suspended sentence bond.

   Breaching Offences

4. On the 31^st March 2001 the defendant committed the offences of Driving under the Influence and Driving Whilst Disqualified.  He appeared to have been intoxicated whilst in his vehicle.  A witness reported burnouts being done by him in his street, with the resultant tyre tracks leading into his driveway and behind locked gates.  The defendant pleaded guilty to these charges on the 26^th February 2002 at the Christies Beach Magistrates Court.

5. On the 14^th October 2001 the defendant confronted a man who had come to visit a friend who lived in his street.  Earlier that day this man had been speeding through the street in his car.  There was an altercation over this earlier incident and punches were thrown, resulting in the victim requiring five stitches to his lip.  The defendant pleaded guilty to the offence Assault Occasioning Actual Bodily Harm on the 10^th October 2003 in the Christies Beach Magistrates Court.

6. Two months later the defendant was charged with Disorderly Behaviour, False Name and Address, Driving Whilst Disqualified and Drive With Prescribed Blood Alcohol.  This occurred on the 16^th December 2001 when he and two others drove around the car park of the Colonnades Shopping Centre.  At some stage the defendant, or one of the other two, leaned out of the window and waved around a toy pistol.  The defendant was arrested and eventually when his true identity was discovered he admitted the offending and cooperated with the arresting officers.  He pleaded guilty to these offences in the Christies Beach Magistrates Court on the 3^rd October 2002.

7. On the 24^th May 2002 the defendant broke into a Crash Repair Workshop and stole some tools.  He was in company with others.  The stolen tools were distributed amongst the group.  The defendant’s fingerprints were found at the scene.  When confronted by police he falsely explained away the presence of the fingerprints.  Two months later the CIB attended at his house and discovered a quantity of the said stolen items.  Then the defendant freely admitted his part and was subsequently arrested.  To this offence of Non-Aggravated Serious Criminal Trespass the defendant pleaded guilty in the Christies Beach Magistrates Court on the 29^th September 2003.

8. On the 17^th August 2002, in company with his brother, the defendant was discovered inside the premises of the Christies Beach High School.  He indicated to the police that he and his brother were looking for a place to “smoke dope”.  He gave a false name and address upon arrest and continued with the ruse by applying for bail in that name.  Ultimately he was charged with Unlawfully on Premises, False Name and Address and False Information on a bail application.  In the Christies Beach Magistrates Court, on the 3^rd October 2002 he pleaded guilty to the last two charges, and on the 24^th September 2003 he pleaded guilty to the first charge. 

9. Literally a few days later the defendant offended again.  On the 24^th August 2002, the defendant committed the offences of Being Unlawfully on premises and Giving a False Name and Address.  He and a group of others were detected at the Behaviour Support Unit in Christies Beach.  He had no permission to be on the premises.  He was not interviewed on arrest due to his intoxication.  He pleaded guilty in the Christies Beach Magistrates Court on the 3^rd October 2002.

10. Such was the offending which breached the suspended sentence bond.  There followed two further offences outside the period of the bond.

    Further offences

11. On the 18^th July 2003, the defendant was picked up in Yorketown whilst driving with four children in his wife’s car.  He was charged with Drive with Prescribed Blood Alcohol, Driving Whilst Disqualified and Giving a False Name and Address.  The third charge of false name and address was later withdrawn.  He admitted that he had drunk six stubbies of beer at a mate’s house and wanted to take the kids for a drive.  He pleaded guilty to these charges on the 24^th September 2003 at the Christies Beach Magistrates Court.

12. He has remained in custody since 18^th July 2003.

    Circumstances of the Offender

13. The defendant is a 30-year-old man.  He lives with his wife and their four children; three of whom are from an earlier relationship of his wife. 

14. The defendant was born in Tasmania into an unhappy, violent and alcoholic household.  He left as soon as he could, at the age of fourteen, and moved around before settling in South Australia in 1992.  He has been with his wife since 1994.  He obtained spray painting qualifications and has been in and out of this type employment ever since.

15. He has an alcohol problem, which appears to have contributed to his offending.  Until recently he has been unable to deal with this problem.

16. I accept the submissions put to me by his counsel, to the effect that the defendant has been complying with the work routine in Yatala and that he was attending the anger management and drug and alcohol counselling courses until it was discovered that he was not a prisoner on sentence and therefore not entitled to access such courses.

17. I accept that upon his eventual release OARS will again help him with his alcohol problem.  In the past he has attended counselling with OARS and save for the latest protracted relapse he had made good progress. 

18. His counsel has put to me, and I accept, that he has undergone a ‘health revolution’ that has resulted in a major change in his life and lifestyle.  I am told that he no longer smokes or drinks and has embarked upon a physical exercise regime.  Not only has this resulted in weight loss but may eventually lead to a different career path. 

19. I accept that his family is currently in turmoil and the defendant needs to be with them.  I have before me and take into account the letter written by Sandra Taylor of the Southern Junction Youth Services detailing the strain of his incarceration upon his wife and children.  In addition I have a letter written by Dot Stagg from OARS.  I accept both of their contents.

    Sentence

20. In respect of the breach of bond I revoke the order suspending the sentence of imprisonment.  Accordingly, the defendant is to serve the two months imprisonment imposed by Judge Vanstone for the offence of common assault.  I make no order as to the monetary component of the bond.

21. I turn to the 15 offences and fix the following penalties.

·       31.03.01

Drive under the influence
Drive Disqualified

2½ months imprisonment
2½ months imprisonment

·       14.10.01

Assault Occasioning Actual Bodily Harm

5 months imprisonment

·       16.12.01

Disorderly Behaviour and False name and Address

Drive Disqualified

Drive with Prescribed Blood Alcohol (Category 3)

1 month imprisonment

2½ months imprisonment
Fine $700, Licence disqualification 12 months

·       24.05.02

Non-Aggravated Serious Criminal Trespass

5 months imprisonment

·       17.08.02

Unlawfully on Premises, False Name and Address and Provide False Information on Bail Agreement

Fine $200

·       24.08.02

Unlawfully on Premises and False Name and Address

1 month imprisonment

·       18.07.03

Drive with Prescribed Blood Alcohol (Category 3)

Drive Disqualified

Fine $1200, licence disqualification 3 years
4 months imprisonment

1. The terms of imprisonment fixed in respect of some of the above 15 offences will be concurrent one with the other and so total 5 months imprisonment.  That term of imprisonment will commence on the 18^th July 2003 when the defendant went into custody.

2. The term of imprisonment imposed by Judge Vanstone of 2 months will be cumulative upon the above 5 months and so began to run after the expiration of that term.

3. The total imprisonment therefore is 7 months commencing on the 18^th July 2003 and so expires today.

4. The total of fines imposed is $2,400.

5. The licence disqualifications are cumulative and total 4 years.  The 4 years will commence to run from today.  So the defendant is to be released immediately.

6. I attach to these reasons a summary of the offences and maximum penalties.