R v Taylor
[2017] ACTSC 257
•29 August 2017
SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Taylor |
Citation: | [2017] ACTSC 257 |
Hearing Dates: | 11 May 2017, 18 May 2017, 29 June 2017, 26 July 2017, 24 August 2017 |
DecisionDate: | 29 August 2017 |
Before: | Burns J |
Decision: | See [11]-[12] |
Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – assault occasioning actual bodily harm – knife – vulnerable victim – gross overreaction to situation – intoxication – alcohol abuse – Pre-Sentence Report – no placement available in rehabilitation – plea of guilty – 12 months imprisonment – balance suspended – Good Behaviour Order imposed |
Parties: | The Queen (Crown) Steven Taylor (Offender) |
Representation: | Counsel Ms S Saikal (Crown) Ms K Marson (11 May 2017 and 18 May 2017), Ms L Taylor (29 June 2017), Mr R Davies (26 July and 24 August 2017) (Offender) |
| Solicitors ACT Director of Public Prosecutions (Crown) Legal Aid ACT (Offender) | |
File Numbers: | SCC 168 of 2016; SCC 169 of 2016 |
BURNS J:
Steven Taylor, you have pleaded guilty to one count of assault occasioning actual bodily harm on the victim. I will not set out the facts, they are contained in an agreed Statement of Facts, which was tendered when you entered your plea of guilty on 24 March 2017.
I note that you are 35 years old and you only have one prior criminal offence on your record, which is a matter of little significance with respect to sentencing for the present matter. You have no prior convictions for violence. I also note that you have not previously been sentenced to a term of imprisonment. The maximum penalty for the offence of assault occasioning actual bodily harm is five years imprisonment.
The present offence was aggravated by the fact that you used a weapon, being a knife, in the course of the offence. The offence resulted in an injury to the index finger of the victim's dominant hand. The physical injury was not particularly serious, but it is clear that she suffers from ongoing psychological problems which affect her ability to work and also to enjoy her life. The victim was vulnerable in that she is 60 years of age and that she was working on her own.
The offence apparently occurred because you were angry that she was forcing you to leave a residential apartment complex that she was cleaning. She clearly had formed the view that you had no right to be there, whereas you asserted that you had been given a right by one of the occupants of the complex. Your actions in pulling a knife and inflicting a minor wound, and also taking a swing at punching the victim, albeit that you missed, were a gross overreaction to the frustration that you felt at that time.
I accept that you were intoxicated at the time of this offence. You reportedly have limited memory of events as they occurred. You are a single man with no dependents. At the time of this offence, you were unemployed and on receipt of a Newstart benefit. You reportedly smoked cannabis once or twice a week at this time, but it is clear to me that your real problem is alcohol abuse.
You reported to the author of the Pre-Sentence Report heavy use of alcohol from 15 to 19 years of age, but subsequently reported moderate use. I suspect that you have under reported the amount of alcohol that you use. The CADAS Report also suggested moderate alcohol use at about the time of this offence. But your alcohol use was exacerbated by your emotional state, in that you tended to consume more alcohol when you were feeling depressed. In that regard, I note that you have not received any formal mental health diagnosis.
It is in your favour that you are open to treatment, and indeed, one of the reasons why this matter has taken what would otherwise be an unconscionable period to resolve is that I gave you an opportunity to attempt to arrange residential rehabilitation as an alternative to a term of imprisonment. When you came before me on 11 May 2017, I indicated to you at that stage that you had a choice between a 12 month sentence of imprisonment, or alternatively, participating in an appropriate rehabilitation program.
You indicated that you were willing to participate in such a program. You have remained in custody whilst you have attempted to identify and apply for such a program. I accept that you have diligently attempted to find such a program whilst you have been remanded in custody, but through no fault of your own, there are no placements presently available in a suitable program.
You need to address your alcohol abuse, but also employment and housing issues in order to reduce any risk of recidivism. If those issues are addressed, then you have reasonable prospects for rehabilitation. If not, then there is a significantly increased risk of further offending.
I am told that as of today you have spent six months in custody. I note that you entered a plea of guilty with respect to the charge, and I will reduce by approximately 20 per cent the sentence that I would have otherwise have imposed. In my opinion, a sentence of 12 months imprisonment should be imposed, but I propose to suspend the balance of that sentence forthwith, with a Good Behaviour Order.
Sentence
You will be convicted and sentenced to 12 months imprisonment, which I have reduced from 15 months in order to reflect your plea of guilty. That will commence on 28 February 2017, in order to reflect the period of time that you have spent in custody awaiting sentence, and will expire on 27 February 2018. Of that period, the period commencing 28 February 2017, and expiring yesterday, 28 August 2017 is to be served by way of full time imprisonment, with the balance to be suspended.
There will be a Good Behaviour Order for a period of 18 months from today, on the following conditions:
(a)you are to report forthwith to ACT Corrective Services;
(b)you are to accept the supervision of the Director-General or her delegate for a period of 18 months from today, or such lesser period as deemed appropriate by your supervising officer; and
(c)you are to obey all lawful directions of your supervising officer, particularly in relation to addressing alcohol abuse, employment issues, and housing issues.
[speaking to the offender]
So that is 12 months imprisonment, but I have suspended the final six months of that, which effectively means that upon entering into that Good Behaviour Order, you will be free to go. But you will immediately have to go to Corrective Services and then comply with their directions.
| I certify that the preceding thirteen [13] numbered paragraphs are a true copy of the Reasons for Sentence of his Honour Justice Burns. Associate: Date: 14 September 2017 |
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