R v Rheinberger
[2017] ACTSC 422
•18 October 2017
SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Rheinberger |
Citation: | [2017] ACTSC 422 |
Hearing Date: | 18 October 2017 |
DecisionDate: | 18 October 2017 |
Before: | Burns J |
Decision: | See [6] |
Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – breach of Good Behaviour Order – whether term of imprisonment should be imposed – whether there has been a change in circumstances – drug and alcohol abuse |
Legislation Cited: | Crimes (Sentence Administration) Act 2005 (ACT) |
Parties: | The Queen (Crown) Kane Rheinberger (Offender) |
Representation: | Counsel Ms R Christiansen (Crown) Ms K Musgrove (Offender) |
| Solicitors ACT Director of Public Prosecutions (Crown) Sneddon Hall & Gallop (Offender) | |
File Number: | SCC 3 of 2015 |
BURNS J
There is some force in the submissions made by the Crown, that you were given an opportunity when you appeared before me in October 2016 to avoid having a term of imprisonment imposed for a very serious offence on the basis that you would strictly comply with the terms of the order that I made. I indicated to you at that time that if you were to breach the order then you should expect a term of imprisonment, at least part of which was to be served by way of full‑time imprisonment.
I do not in any way go back on what I said on that occasion, but I remind myself that it is important to take into consideration all of the circumstances and, in particular, the change in circumstances between October 2016 when you appeared before me and when you come before me today. I accept that there have been very significant improvements in your life, and in your approach to life, that have occurred over that period of now 12 months.
It may well be that you would benefit from a more consistent interface with a psychologist. However, as I indicated in argument with the Crown, the point of going to a psychologist is to understand what may trigger offending behaviour and to take steps to deal with it. To a great extent I accept that you have taken steps to deal with those things that are likely to lead you to reoffend and, in particular, abuse of drugs and alcohol. It is not an insignificant achievement that you have apparently avoided the use of any illicit drugs over quite a long period now.
I remind myself that the offence for which I sentenced you occurred in April 2014. It has been three and a half years now since the actual offence occurred and over that period, I am satisfied that you have ceased using illicit drugs and you have also taken steps to deal with alcohol consumption. However, it is clear that there is still work to be done. You cannot afford to let your guard down when it comes to things like alcohol consumption. You would not be the first person who, having addressed a drug addiction, then allows themselves to transfer to abuse of some other substance such as alcohol. Of course, in your case you were also abusing alcohol at the time of the offence.
You have taken very significant steps to deal with that, and again I note that whilst you had a prior drink driving offence in 2008, you have not had anything since that time until 2017. That is nine years. I accept that since 2014, when the offence of recklessly inflicting grievous bodily harm was before the Court, there have been no offences involving the use of alcohol. I do accept that you have made very significant gains, but you must continue to demonstrate your commitment. This involves being very alert to those circumstances which may lead you to dropping your guard.
Sentence
I am going to cancel the Good Behaviour Order, which I am obliged to do under the Crimes (Sentence Administration) Act 2005 (ACT). I am going to reimpose the sentence of 18 months’ imprisonment which I had imposed on 5 October 2016. That sentence will be backdated to commence on 5 October 2016. The sentence will be fully suspended. There will be a Good Behaviour Order in the same terms as that which I imposed on 5 October 2016, but I will increase the length of that Good Behaviour Order from 18 months to two years, so that the order would previously have expired on 4 April 2018. It will now continue through until 4 October 2018.
[speaking directly to the offender]
As I said, it is clear that you have made a lot of gains. You have also got a lot of people out there who are providing you with support. Do not let them down.
| I certify that the preceding seven [7] numbered paragraphs are a true copy of the Reasons for Sentence of his Honour Justice Burns. Associate: Date: 26 February 2019 |
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