R v Taylor (No 2)

[2019] ACTSC 377

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Taylor (No 2)

Citation:

[2019] ACTSC 377

Hearing Date:

7 November 2019

DecisionDate:

7 November 2019

Before:

Burns J

Decision:

See [7] – [8]

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Re-sentence – breach of Good Behaviour Order – continued abuse of alcohol

Legislation Cited:

Criminal Code 2002 (ACT) s 315

Parties:

The Queen (Crown)

Steven Taylor (Offender)

Representation:

Counsel

S Saikal-Skea (Crown)

B Dunne (Offender)

Solicitors

ACT Director of Public Prosecutions (Crown)

Legal Aid ACT (Offender)

File Numbers:

SCC 168 of 2016; SCC 169 of 2016

BURNS J:

1. Mr Taylor, you are before me today, 7 November 2019, in regards to a breach of a Good Behaviour Order which I imposed in this Court on 29 August 2017. At that time, you were convicted of an offence of assault occasioning actual bodily harm

   
   

   (XO 2017/31094) and you were sentenced to 12 months' imprisonment of which

   
   

   six months was to be served by way of full time imprisonment with the remaining period of six months suspended with a Good Behaviour Order for a period of 18 months.

1. That Good Behaviour Order was due to expire on 28 February 2019. Unfortunately, on 21 January 2019, you committed a further offence of going equipped for theft under s 315 of the Criminal Code 2002 (ACT). That offence was dealt with in the

   
   

   ACT Magistrates Court together with other matters on 28 August 2019. You were effectively, after conviction, placed on a Good Behaviour Order for a period of

   
   

   six months from 28 August 2019.

1. The Crown has quite properly accepted the proposition that the offence which was before the ACT Magistrates Court in August 2019 was of a different character to the offence I sentenced you for in August 2017. There is perhaps one connection; it appears that you have continued to abuse alcohol since you were before me in 2017. The facts in relation to the matter that was before me in 2017 reveal that you were, at that time, very significantly abusing alcohol.

1. The Updated Pre-Sentence Report that I have before me indicates that on a number of occasions when you reported to ACT Corrective Services for the purposes of the preparation of that Report, you were observed to be intoxicated. Indeed your blood alcohol concentration was recorded on 9 September 2019 as 0.263 which is a very high concentration indeed. Subsequently, on 30 September 2019, it was recorded as 0.018, again, a quite high concentration.  

[Speaking directly to the offender]

1. It is clear that you have a continuing problem in relation to the consumption of alcohol. Of course, the consumption of alcohol is not illegal. To put it frankly, you are entitled to drink yourself to death if you want to. What you are not entitled to do is to consume alcohol and then commit criminal offences. In your particular case, the consumption of alcohol appears to be a matter of concern because you tend to commit criminal offences after you have consumed alcohol.

1. As the Crown correctly observed, there are only two options that I have with regard to this matter. I am obliged to cancel the Good Behaviour Order that I imposed in 2017. The question is what do I do then? My only two options are either to impose the suspended portion of the sentence, or to re-sentence you.

Re-sentence

1. I will cancel the Good Behaviour Order and I will re-sentence you. I will sentence you to a period of six months’ imprisonment commencing today, 7 November 2019.

1. That sentence will be wholly suspended and there will be a Good Behaviour Order for a period of nine months from today, 7 November 2019. I impose the following conditions:

(a)     that you are to accept the supervision of ACT Corrective Services for that period of nine months or such lesser period as directed by your supervising officer;

(b)     you are to undertake such assessments, programs and counselling as directed, particularly in relation to alcohol abuse.

I certify that the preceding eight [8] numbered paragraphs are a true copy of the Reasons for Sentence of his Honour Justice Burns.

Associate:

Date: