R v Roberts
[2018] ACTSC 250
•29 March 2018
SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Roberts |
Citation: | [2018] ACTSC 250 |
Hearing Dates: | 13 December 2017; 16 February 2018; 15 March 2018 |
DecisionDate: | 29 March 2018 |
Before: | Burns J |
Decision: | See [50]-[60] |
Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – numerous offences – attempting to escape from lawful custody – resisting a territory official in the exercise of their function – aggravated robbery – two offences of escaping from lawful custody – two offences of common assault – possessing an offensive weapon in a public place – dishonestly driving a motor vehicle without consent – driving in a way dangerous in circumstances of aggregation – failing to comply with a request of a police officer stop as a first offender – two offences of arson – criminal history – Pre-Sentence Report – CADAS Assessment – report from consultant psychiatrist – objective seriousness – age – rehabilitation – general deterrence – specific deterrence – shorter than usual non-parole period – recommendation to Sentence Administrate Board – guilty pleas |
Legislation Cited: | Crimes Act 1900 (ACT) ss 26, 160, 380(1) Crimes (Sentencing) Act 2005 (ACT) Criminal Code 2002 (ACT) ss 310(b), 361(1) Road Transport (Safety and Traffic Management) Act 1999 (ACT) ss 5C, 7(1) |
Parties: | The Queen (Crown) Cedric Roberts (Offender) |
Representation: | Counsel Ms K McCann (Crown) Mr A Doig (Offender) |
| Solicitors ACT Director of Public Prosecutions (Crown) Darryl Perkins Solicitors (Offender) | |
File Numbers: | SCC 270 of 2016; SCC 12 of 2017; SCC 13 of 2017; SCC 23 of 2018 |
BURNS J:
Cedric Roberts, you appear before me today for sentence with respect to numerous offences. On Supreme Court file SCC 12 of 2017 you are to be sentenced for one offence of attempting to escape from lawful custody (CC2016/11179), contrary to s 160 of the Crimes Act 1900 (ACT) (Crimes Act), which carries a maximum penalty of five years' imprisonment, a fine of 100 penalty units, or both. You are also to be sentenced for an offence of resisting a territory official in the exercise of their function (CC2016/11178), contrary to s 361(1) of the Criminal Code 2002 (ACT) (Criminal Code), which carries a maximum penalty of two years' imprisonment, a fine of 200 penalty units, or both.
On Supreme Court file number SCC 270 of 2016 you are to be sentenced for an offence of aggravated robbery (CC2016/8841), contrary to s 310(b) of the Criminal Code, which carries a maximum penalty of 25 years' imprisonment, a fine of 2500 penalty units, or both. You are also to be sentenced for two offences of escaping from lawful custody (CC2016/8842; CC2016/08849), contrary to s 160 of the Crimes Act, both of which carry a maximum penalty of five years' imprisonment, a fine of 100 penalty units, or both.
You are also to be sentenced for two offences of common assault (CC2016/8843; CC2016/8844), contrary to s 26 of the Crimes Act, each of which carries a maximum penalty of two years' imprisonment. You are further to be sentenced for an offence of possessing an offensive weapon in a public place (CC2016/8845), contrary to s 380(1) of the Crimes Act, which carries a maximum penalty of six months' imprisonment, a fine of $1000, or both. You are to be sentenced also for an offence of dishonestly driving a motor vehicle without consent (CC2016/8846), contrary to s 318(2) of the Criminal Code, which carries a maximum penalty of five years' imprisonment, a fine of 500 penalty units, or both.
In addition, you are to be sentenced with respect to an offence of driving in a way dangerous (CC2016/8847), contrary to s 7(1) of the Road Transport (Safety and Traffic Management) Act 1999 (ACT) (Road Transport (Safety and Traffic Management) Act) in circumstances of aggravation, being that you exceeded the speed limit by more than 30 per cent. The maximum penalty for this offence is three years' imprisonment, a fine of 300 penalty units, or both. This offence also carries an automatic period of three months' disqualification of driver's licence, although I can impose a longer disqualification, if that is appropriate.
You are to be sentenced for an offence of failing to comply with a request of a police officer stop as a first offender (CC2016/8848), contrary to s 5C of the Road Transport (Safety and Traffic Management) Act, which carries a maximum penalty of one year imprisonment, a fine of 100 penalty units, or both.
Finally, on Supreme Court file SCC 23 of 2018 you are to be sentenced for two offences of arson (CC2017/10391; CC2017/11922), contrary to s 404(1) of the Criminal Code. Both of these offences carry a maximum penalty of 15 years' imprisonment, a fine of 1500 penalty units, or both.
Offences on files SCC 12 of 2017 and SCC 13 of 2017
With regard to the offences on the Supreme Court files SCC 12 of 2017 and SCC 13 of 2017, at about 1 pm on Tuesday, 16 August 2016, you were brought before the Magistrates Court in Courtroom 1 with respect to charges that have been subsequently discontinued. At the conclusion of the proceedings, the magistrate denied you bail and remanded you in custody. You immediately jumped from your chair and ran towards the public exit of the courtroom. Corrections Officer Paul Cowled stood at the doorway in an attempt to stop you. You ran directly into him, knocking him to the ground. You then forced your way into the airlock between the courtroom and the public foyer. In this airlock you were taken to the floor by Corrections Officers Cowled, Katherine Fudali and Elizabeth Agostino. You struggled against the efforts of the corrections officers to restrain you and ignored their directions to stop and to calm down. You were restrained and escorted back through courtroom 1 to the cells.
With regard to these offences, you entered pleas of guilty to both of those charges in the Magistrates Court on your first appearance on the charges. The offence of attempting to escape custody was committed to this court for sentence. The offence of resisting a public official was transferred as a related summary offence.
Offences on file SCC 270 of 2016
With regard to the offences on Supreme Court file SCC 270 of 2016, on 23 August 2016 you again appeared before the Magistrates Court and at the end of the proceedings you were remanded in custody. At about 9.15 pm on 24 August 2016, you were taken to the Canberra Hospital for treatment of self‑inflicted injuries. You were handcuffed at that time. At about 9.30 pm, you and three Corrections Officers arrived at the hospital and you were seated in the emergency department waiting area. You were released from your handcuffs for the purpose of going to the toilet, and you remained without handcuffs while you were seen by nursing staff in the triage area. After receiving medication, you ran towards the hospital exit, out of the building and away from the grounds of the hospital. This is the basis of the first charge of escaping custody (CC2016/8842).
10. At about 6.17 am on Thursday, 25 August 2016, less than 12 hours after your escape from the hospital, you drove into the Woolworths Caltex service station at Mawson driving a blue Holden Cruze sedan. You walked into the store and produced a knife and yelled, "give me the fucken [sic] money, you bastard. Give me the fucken [sic] money." You threatened the store manager with the knife by pointing the blade towards him whilst you were demanding the money. The knife was black handled and had a 20 centimetre sky blue curved blade. The store manager complied with your demands and unlocked till number 1. You pushed him and told him to look the other way. You then took the notes from the till and threw the till tray onto the counter. You then demanded more money. The store manager then showed you to a nearby safe and retrieved the key. He accidentally dropped the keys, and you pushed him to the ground when he tried to pick them up. This is the basis of the charge of common assault (CC2016/8843).
11. You unsuccessfully tried to open the safe and then gave the keys back to the store manager, demanding that he open the safe. He opened the safe and you took about $300 in notes and put them in a bag. You told the store manager to stay down as you left the store. When you left you got into the blue Holden Cruze and drove away. The store manager sustained a cut to his hand during this incident. As I understand it, this is the basis of the charge of common assault with the Magistrates Court number CC2016/8844. The theft of the money by means of threats while armed with the knife is, of course, the basis of the charge of aggravated robbery (CC2016/8841).
12. At about 8.47 am that same day, police saw you driving the blue Holden Cruze in Wanniassa. You accelerated through a roundabout intersection, narrowly missing a northbound police vehicle, and then drove into Monash, travelling at speeds of up to 122 kilometres an hour along a residential street, with a posted speed limit of 50 kilometres an hour. You were observed to drive dangerously during this pursuit. Because of police concerns for the safety of the public, the pursuit was terminated.
13. A short time later your vehicle was again seen by police who were in an unmarked police car and was followed to a residential address in Lyons. You ran from the car when it was parked and you were pursued on foot by police. You were apprehended and arrested. Police found the keys to the Holden Cruze in your pocket. Police later ascertained that this vehicle had been reported stolen on 16 August 2016. These facts form the basis of the charge of dishonestly driving a motor vehicle without consent (CC2016/8846), driving in a way dangerous (CC2016/8847) and failing to stop when signalled by the police (CC2016/8848). Police found two knives in the Holden Cruze, a paring knife and a serrated‑edged knife. This is the basis of the charge of possession of an offensive weapon (CC2016/8845).
14. On the afternoon of 25 August 2016, you were taken by police to the Canberra Hospital to receive medical treatment for injuries that you had sustained. You were again wearing handcuffs. At about 3.50 pm, police were escorting you from the emergency department to a caged police vehicle parked directly outside the emergency department entrance. You pulled away from police and ran towards Yamba Drive. You were still in handcuffs at that time. Police officers chased you and called you to stop. You ran across Yamba Drive and climbed a fence into Phillip Oval. Police sprayed you with capsicum spray while you were climbing the fence, but to no effect. Police also climbed the fence and pursued you across the oval. You climbed a fence on the other side of the oval and ran along Ainsworth Street, Phillip into a residential area. A few minutes later you were apprehended on Tank Street in Phillip. This is the basis of the charge of escape lawful custody which has a Magistrates Court number of CC2016/8849.
15. On 15 November 2016, you entered pleas of guilty to all of these offences in the Magistrates Court and you were committed to this court for sentence with respect to the indictable charges. The summary charges were transferred to this court as related matters.
Offences on file SCC 23 of 2018
16. With regard to the two offences of arson on Supreme Court file SCC 23 of 2018, the first such offence (CC2017/10391) occurred on 23 October 2016. At that time you were remanded in custody at the Alexander Maconochie Centre (AMC). You were placed in a cell in the Crisis Support Unit and you were the sole occupant of the cell. At about 2.30 pm that day you used a pink Bic lighter which had been concealed in your clothing to light a fire in your cell using blankets and the mattress. As a result, the glass film on the left hand window panel on the rear wall burned and was peeled off. The left wall corners and ceiling sustained smoke damage and the air filters within the Crisis Support Unit were also damaged. The total amount of the damage was $15,931.50.
17. The second offence of arson (CC2017/11922) occurred on 14 April 2017 when you were again on remand in the AMC. You were located in a cell in the Sentence Unit. You were the sole occupant of the cell. At about 3.09 pm that day flames could be seen within the cell. At about that time the fire alarm was activated and Correctional Officers responded. The flames were described as approximately 1.5 metres in height. Correctional officers extinguished the flames and removed you from the cell. As a result of this offence the cell was unserviceable until repairs were completed. The total cost of the damage was $2,538.20. You entered pleas of guilty to both of these offences in the Magistrates Court on 16 February 2016.
Subjective features
18. You have a particularly extensive criminal history, particularly in New South Wales. [Redacted]. You have a number of convictions for serious property offences and also for offences of violence. You have a previous conviction for aggravated robbery. You have served terms of imprisonment in [redacted] in New South Wales. Your criminal history not only disentitles you to any leniency with respect to sentencing in the present proceedings, but also suggests a need to deter you from committing criminal offences.
19. A Pre‑Sentence Report dated 8 December 2017 was tendered at your sentence hearing. The report notes that your general behaviour in custody has not been satisfactory since you were remanded in custody and that you have incurred disciplinary action for numerous incidents, involving assaults, disrespect and abuse, fighting, damaging property and also involvement with prohibited things. During your period in custody you have issued threats of self‑harm and engaged in self‑harming behaviours requiring medical and/or psychological interventions.
20. The report notes that you are a young Aboriginal man, currently 20 years of age, who grew up in an environment of abuse and neglect in Lismore in northern New South Wales. You no longer have any relationship or contact with your biological father, who is believed to be incarcerated at the present time. Similarly, your older brother is also serving a term of imprisonment in New South Wales. As a child you were exposed to violence and substance abuse, as well as entrenched criminal and antisocial behaviours. You reported spending most of your childhood on the streets. [Redacted.]
21. Shortly after you arrived in Canberra you formed relationships with people involved in the use of illicit drugs and you committed offences to support your drug dependency. You reported still having a good relationship with your mother. You indicated a desire to return to Lismore when you are released from custody.
22. You have limited education, although you managed to complete Year 10 and also certificates in information technology while [redacted] in New South Wales. You have no employment history. Your only acquaintances and friends when you were in the community were also people involved in criminal activity.
23. You commenced use of alcohol at age 12, which you consumed daily to the point of intoxication until you were 16 years old. You commenced cannabis use at age 16 and you were spending approximately $20 a day on this drug prior to being held in custody in 2016. You experimented with methamphetamine at age 15, but you did not become dependent on it until you were 18 years old. You told the author of the report that you used approximately one gram of methamphetamine per day prior to being remanded in custody. You admitted to the author of the report that you had used substances illicitly whilst on remand in the AMC; although I note that some urinalysis results have been negative. Your ability to participate in drug intervention programs in the AMC has been limited by your status as a strict protection inmate.
24. The report notes that you were diagnosed with psychosis in your teen years, and you are currently treated with Seroquel. You describe the symptoms of your condition as ‘hearing voices all the time’. You have reported intrusive thoughts of self‑harm which you find difficult to manage when your symptoms increase in intensity. You have also reported auditory and visual hallucinations which you find quite distressing. You also reported experiencing paranoia.
25. ACT Health information, which was provided to the author of the report, indicates that you have been diagnosed with ‘a psychotic illness, possibly precipitated by stimulant misuse, and Borderline Personality Disorder with Prominent Paranoid/Psychotic Features’. You are currently treated by the Forensic Mental Health Team, including a clinical manager and psychiatrist. Your engagement with these services has been variable, with you declining reviews with your clinical manager from time to time. You have also been treated in custody for injuries which were self-inflicted, sometimes during periods of psychosis.
26. You told the author of the report that you agreed with the Statement of Facts with regard to the offences of 16 August 2016 and 24 and 25 August 2016. You said that you committed the aggravated robbery to obtain money to survive. You expressed some empathy for your victim. You said that before you escaped custody you kept hearing voices urging you to run. You demonstrated some insight by identifying illicit drug use and mental illness as major factors contributing to your offending and you expressed a desire to address those issues in order to prevent re-offending.
27. I note also the contents of the handwritten note which was tendered as Exhibit 10 at your sentence hearing which also speaks of your desire to use your time within the AMC in order to undertake appropriate rehabilitation by engaging with respect to mental health and drug abuse issues.
28. Under the heading ‘Opinion’ in the Pre‑Sentence Report the author of the report noted your childhood disadvantage and the fact that you have demonstrated some insight into your offending and its impact on your victims. The author noted that you appeared to make statements indicating a desire to change your lifestyle, and while these assertions were encouraging, he expressed the view that realistically these goals could only be achieved if you commit to accepting guidance and participating in relevant interventions.
29. I take into account, without here repeating, the contents of the CADAS Assessment. I note that you told the author of this report that in addition to abuse of amphetamines you have also injected heroin and used buprenorphine whilst in custody in New South Wales. You told the author of that report that you did not believe that you could stop using drugs, although you plan to enter the Solaris Therapeutic Community at the AMC when you are able to. The author of the report believed that a residential environment for rehabilitation may be of great benefit to you from a harm minimisation perspective and to provide a prosocial environment.
I was provided with a report dated 13 September 2016 from Dr Bree Wyeth, a consultant psychiatrist working with Forensic Mental Health Services in the ACT. I note the history taken by her and the information available to her from Mental Health Services files as set out in the report. Due to your unwillingness to participate in a longer interview, which I accept may well be due to your mental health condition, Dr Wyeth's ability to confidently provide a diagnosis was restricted. She stated that you appeared troubled and that your time at the AMC had been tumultuous, marked by repeated incidents of self‑harm. She noted that you consistently reported hearing voices. It was unclear if that was a symptom of a serious psychotic illness or perhaps a symptom of your distress.
She noted your history of consistent harmful use of substances. Your intravenous use of methamphetamines was a significant problem for your mental health, as well as for the risk of future offending. Dr Wyeth said that the diagnosis of a psychotic illness is more complicated with co-morbid substance abuse, particularly methamphetamine and cannabis. Dr Wyeth said that she could not with confidence say much about the role of your illness in your recent offending. While Dr Wyeth was unable to make a formal diagnosis she noted that the age of 18 is a high-risk time for the development of serious mental illness, and you appear to have a lot of risk factors for the development of such an illness. She was of the opinion that you will require ongoing specialist assessment and treatment.
I note by way of background the psychosocial assessment report prepared for sentence proceedings in the Lismore District Court on 24 April 2015. I was also provided with a report dated 22 February 2018 from Dr Anna Farrar, a forensic psychiatrist practising in Sydney. She conducted a 40-minute interview with you via audio-visual link from the AMC on 6 February 2018. Dr Farrar took an account from you about your mental state at the time that you committed the arson offences. In her opinion, your history and presentation, together with collateral information, were consistent with a diagnosis of chronic Psychotic Disorder, likely Schizophrenia or Schizoaffective Disorder, characterised by chronic mood disturbance, paranoid thinking and auditory hallucinations with associated persecutory delusions.
33. Your psychotic disorder was complicated by your substance misuse and by a Borderline Personality Disorder characterised by a history of childhood abuse and trauma, chronic serious self‑harm and affect instability and problems with anger and impulsivity. You are also diagnosed with an amphetamine use disorder and an opiate use disorder.
34. Dr Farrar was of the opinion that you should have psychiatric treatment to manage and monitor your Psychotic Disorder, including regular review by a psychiatrist and treatment with antipsychotic medication. Treatment with antipsychotic injection medication should be considered due to your history of non-compliance with medication. You would also benefit from regular psychological treatment to address your borderline personality disorder. You should also undertake drug and alcohol counselling to address your other disorders. Due to your complex presentation and risk issues you may benefit from inpatient mental health treatment. Once your mental state stabilises, you would also benefit from access to work programs and diversional activities.
35. Dr Farrar noted that it is possible that your substance use, particularly your use of methamphetamine, precipitated your psychotic disorder, however, it appears that your psychotic symptoms had persisted even with restricted access to drugs in custody. Dr Farrar noted that you had a history of chronic self‑harm and suicidal ideation.
36. You reported that you had set fire to your cell in order to gain attention and to obtain treatment of your mental health issues and that you were suicidal at the time of the offence.
37. At the sentence hearing on 15 March 2018, your counsel advised me that you have been assaulted while in custody and that you will eventually be returned to New South Wales to be dealt with on a breach of your parole in that jurisdiction.
38. It is perhaps apt at this time that I note that this morning I was provided by your counsel with a statement of the Elders of the Widjabal and Githabul Tribe to which you belong in the Lismore district. That statement speaks of the desirability of you being returned to your community so that attempts can be made within your community to rehabilitate you culturally.
39. I may say, and this is for the benefit of the Sentence Administration Board or other institutions involved with any such application, I would suggest that any application to transfer the sentences which I will impose to New South Wales to be served there would be, in my view, particularly appropriate as you have no family or other contacts within the ACT. In my opinion, it is particularly desirable that you be allowed to reconnect with the people of the Widjabal and Githabul community and that you undergo cultural rehabilitation within such an environment. So that certainly any such proposal, in my view, would be in your best interests.
40. When assessing the objective seriousness of the offence of aggravated robbery and the associated offences that you committed at the time after you had escaped from custody, I take into account the fact that you were unlawfully at large at that time and that you were also subject to a control order made in New South Wales. The offence involved some actual physical contact with the victim, as well as threats of harm with a knife.
41. As I am going to take into account the actual physical contact with your victim in the context of the aggravated robbery offence, I will make the sentences imposed for the common assault matters substantially concurrent with the sentence for the aggravated robbery. I will consider the offence of aggravated robbery to be on the border of the low to mid‑range of such offences.
42. I accept that the attempted escape offence and the two offences of escaping lawful custody were unsophisticated and lacked premeditation. I accept the Crown's submission that these offences are towards the lower end of the range of such offences. The offence of dangerous driving was in the mid‑range of such offences because of the high‑speed involved, the time of day that the offence occurred, and the fact that it involved driving through residential areas.
43. With regard to the offences of arson, I note that they occurred whilst you were remanded in custody at the AMC. Whilst the greatest danger as a consequence of these offences was to yourself, there was always the possibility of danger to other inmates or to custodial officers, and that is particularly so in an environment where they cannot easily escape from such danger. There is some difference in the sentences which should be imposed for the two offences of arson due to the greater damage occasioned in the first offence.
44. This is a complicated sentencing exercise because of your age, your deprived background and the seriousness of the offences. Your age and your deprived background would militate towards a more lenient sentence, but on the other hand the seriousness of your offences militates towards a more significant sentence.
45. You are still a young man, and as such rehabilitation should ordinarily be given greater prominence. Arguing against that is the fact that you have such a significant criminal history and your rehabilitation prospects at the present time can only be described as guarded due to your unwillingness to fully engage with drug and alcohol services and in mental health interventions. I hope that you are sincere when you say to me in the letter that you wrote that it is your intention to try to engage with these services to undertake appropriate rehabilitation.
On the evidence, I am satisfied that it is probable that you suffer from a psychotic illness, probably Schizophrenia or Schizoaffective disorder, but the extent to which that disorder is the product of your continuing drug use is difficult to determine. I see nothing in the reports by Dr Wyeth or Dr Farrar to suggest that your moral culpability with respect to any of these offences is reduced by reason of any mental illness from which you may suffer. There does not appear to be any suggestion that your period in custody is likely to be more onerous because of any such illness or that any illness cannot be adequately treated in custody. I do not see anything in the material before me which would justify application of the Verdins principles to sentencing in this matter.
47. General deterrence and specific deterrence are clearly relevant sentencing considerations in this case. I see nothing in the mental health reports to suggest any need for moderation of those considerations. The only circumstances which justify a less than thoroughly punitive approach are your age and your deprived background.
48. I intend to set a shorter than usual non-parole period, but I recommend that the Sentence Administration Board, or the equivalent body if your sentences are transferred to New South Wales, give close attention to the attitude which you display in custody towards engaging with drug and alcohol rehabilitation services and mental health services before determining any early release on parole. I acknowledge that a sentence of imprisonment is a sentence of last resort but, in my opinion, nothing less than immediate terms of imprisonment are appropriate to meet the requirements of sentencing set out in the Crimes (Sentencing) Act 2005 (ACT).
I propose treating your pleas of guilty as early pleas, and I will reduce by approximately 20 per cent the sentences which I would otherwise have imposed. I note that as at 15 March 2018 you had spent 584 days in custody, and I will backdate the commencement of these sentences to reflect that period of pre-sentence custody.
Sentence
SCC 12 of 2016; SCC 13 of 2016
With respect to the charge of attempted escape from lawful custody on 16 August 2016, you will be convicted and sentenced to eight months' imprisonment, commencing on 8 August 2016 and expiring on 7 April 2017.
51. With respect to the offence of resisting a public official, you will be convicted and sentenced to four months' imprisonment, which will commence on 8 February 2017 and will expire on 7 June 2017.
SCC 270 of 2016
52. With respect to the offence of aggravated robbery, you will be convicted and sentenced to two years and seven months' imprisonment, commencing on 8 June 2017 and expiring on 7 January 2020.
53. With respect to the two offences of common assault, on each matter you will be convicted and sentenced to four months' imprisonment, which will be concurrent with the sentence imposed on the offence of aggravated robbery; that is, each of the sentences will commence on 8 June 2017 and expire on 7 October 2017.
With respect to the first offence of escaping from lawful custody, you will be convicted and sentenced to 12 months' imprisonment, commencing on 8 May 2019 and expiring on 7 May 2020. With respect to the second offence of escaping lawful custody, you will be convicted and sentenced to 12 months' imprisonment, commencing on 8 November 2019 and expiring on 7 November 2020.
With respect to the offence of dishonestly driving a motor vehicle, you will be convicted and sentenced to eight months' imprisonment, commencing on 8 May 2020 and expiring on 7 January 2021.
With respect to the offence of driving in a way dangerous, you will be convicted and sentenced to five months' imprisonment, commencing on 8 October 2020 and expiring on 7 March 2021. You will be disqualified from holding or obtaining a licence for a period of 12 months from today.
57. With respect to the offence of failing to comply with a request of a police officer, you will be convicted and sentenced to 14 days' imprisonment, commencing on 8 October 2020 and expiring on 21 October 2020. On that matter, you will be disqualified from holding or obtaining a licence for a period of three months from today.
58. With respect to the offence of possession of an offensive weapon, you will be convicted and sentenced to 14 days' imprisonment, commencing on 8 October 2020 and expiring on 21 October 2020.
SCC 23 of 2018
With respect to the first offence of arson, you will be convicted and sentenced to 16 months' imprisonment, commencing on 8 March 2021 and expiring on 7 July 2022. With respect to the second offence of arson, you will be convicted and sentenced to 10 months' imprisonment, commencing on 8 November 2021 and expiring on 7 September 2022.
60. The aggregate sentence is, therefore, one of six years and one month imprisonment, commencing on 8 August 2016 and expiring on 7 September 2022. I set a non-parole period of three years and four months, which will commence on 8 August 2016 and expire on 7 December 2019.
| I certify that the preceding sixty [60] numbered paragraphs are a true copy of the Reasons for Sentence his Honour Justice Burns. Associate: Date: 6 February 2019 |
0
4