R v Schofield
[2016] ACTSC 119
•26 May 2016
SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Schofield |
Citation: | [2016] ACTSC 119 |
Hearing Date: | 26 May 2016 |
DecisionDate: | 26 May 2016 |
Before: | Murrell CJ |
Decision: | Re-sentenced to nine months’ imprisonment, suspended upon entering into a 12-month good behaviour order with conditions. |
Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – re‑sentence – breach of good behaviour order – demand money with menaces |
Parties: | The Queen (Crown) Mark Benjamin Schofield (Offender) |
Representation: | Counsel Ms S Gul (Crown) Self-represented (Offender) |
| Solicitors ACT Director of Public Prosecutions (Crown) Self-represented (Offender) | |
File Number: | SCC 312 of 2011 |
MURRELL CJ:
Background
The offender is before the Court for breach of a good behaviour order imposed with a suspended sentence. On 17 July 2013, Higgins CJ sentenced the offender for the offence of demanding money with menaces on 12 August 2011. This offence involved the flourishing of what appeared to be a firearm, but was in fact a replica weapon. It inspired considerable terror in the victim.
When the matter came before his Honour in July 2013, the offender had spent a significant period at Odyssey House and had committed to drug rehabilitation. His Honour was concerned to ensure that rehabilitation continued. His Honour sentenced the offender to three years' imprisonment, backdated the period of imprisonment by one year, and suspended the balance of two years’ imprisonment upon terms that the offender enter a good behaviour order for a period of three years from July 2013.
The offender completed the Odyssey House program in January 2014, and was compliant with the good behaviour order until September 2015, when he failed to attend an appointment and for urine analysis.
He fell off the rails thereafter. He was required to attend Court to answer to an allegation that he had breached the good behaviour order, but he failed to appear on a number of occasions in November and December 2015.
In January 2016, he did attend Court voluntarily. The offender has since appeared before the Court on a number of occasions and has been compliant with conditions imposed by the Court.
He has been regularly attending Corrective Services and has been seeking treatment for his problems. According to the most recent bail progress report, the offender has been attending all interviews, has been admitting some minor use of drugs (non‑prescribed prescription medication), and continues to seek out drug rehabilitation.
There remain outstanding issues and the offender would greatly benefit from ongoing support. His accommodation is not entirely satisfactory. He has been living at Samaritan House. There have been difficulties in his relationship with Samaritan House, but overall the situation has improved. He is working to repay amounts owed for accommodation. Samaritan House is assisting him to find other supported accommodation.
The offender is maintaining good contact with his two children.
A forensic psychiatric report states that the offender has no current significant mental illness, but there is an elevated risk of suicide given his history of suicide attempts in custody. The offender informed the Court that, in the past, he has received diagnoses that have included bipolar disorder, social anxiety, and severe depression. Although the offender is not suffering from any significant mental health condition at the moment, this is something that needs to be watched. His next appointment with ACT Mental Health is on 17 June 2016.
Over the past few months, a significant factor has been the strong relationship that the offender has developed with his community corrections officer, Mr Burr. The offender has been attending Alcoholics Anonymous (AA) and Narcotics Anonymous (NA) meetings and he is becoming more selective with his associates. He has been in contact with Arcadia House seeking to enter their day program. They have requested that he first obtain advice through Woden Hospital, and he said that he will do so. The offender recognises the need for intensive ongoing supervision.
Re-sentence
When cancelling a good behaviour order, the Court may either impose the suspended sentence or re-sentence the offender. I will re-sentence the offender. He was compliant with the good behaviour order for a very significant period of time, and that should be recognised.
The good behaviour order is cancelled and the offender is re-sentenced to nine months’ imprisonment, suspended upon the offender entering into a 12-month good behaviour order from today. The good behaviour order includes the following conditions:
(a)accept the supervision of ACT Corrective Services for the whole of the 12-month period of the good behaviour order and report to Eclipse House today;
(b)undertake any drug and alcohol treatment recommended by ACT Corrective Services and submit to any drug testing as requested by ACT Corrective Services;
(c)attend at least one AA or NA meeting per week, unless excused by ACT Corrective Services;
(d)comply with the repayment plan entered into with Samaritan House.
| I certify that the preceding twelve [12] numbered paragraphs are a true copy of the Reasons for Sentence of her Honour Chief Justice Murrell. Associate: Anneke Bossard Date: 24 June 2016 |
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