R v TI (No 6)
[2019] ACTSC 394
•7 August 2019
SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v TI (No 6) |
Citation: | [2019] ACTSC 394 |
Hearing Date: | 7 August 2019 |
DecisionDate: | 7 August 2019 |
Before: | Burns J |
Decision: | See [10] – [17] |
Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and punishment – re-sentence – multiple breaches of Good Behaviour Orders – consideration of combination sentence for young person |
Legislation Cited: | Crimes (Sentencing) Act 2005 (ACT) s 133G |
Parties: | The Queen (Crown) TI (Offender) |
Representation: | Counsel M Fernandez (Crown) S McLaughlin (Offender) |
| Solicitors ACT Director of Public Prosecutions (Crown) Legal Aid ACT (Offender) | |
File Numbers: | SCC 246 of 2014; SCC 240 of 2015; SCC 241 of 2015 |
BURNS J:
The first Good Behaviour Order was with respect to a charge of committing an act of indecency (CH2014/450). On 30 August 2018, I cancelled a previous Good Behaviour Order that had been imposed with respect to that matter and I re-sentenced you to seven months' imprisonment, commencing on 30 July 2018 and expiring on
28 February 2019. That sentence was to be suspended as of 30 August 2018 with a Good Behaviour Order for a period of 12 months.
In addition, you have breached a Good Behaviour Order on a charge of burglary (CC2015/10525), a Good Behaviour Order on a charge of theft (CC2015/10526), a further Good Behaviour Order on a charge of committing an act of indecency (CH2014/375), and finally a further Good Behaviour Order on another charge of committing an act of indecency (CH2014/452).
With respect to the burglary offence (CC2015/10525), a sentence of
15 months' imprisonment was imposed, of which part has been served and a period of 13 months and 26 days remains outstanding.
With respect to the theft offence (CC2015/10526, a sentence of
three months' imprisonment was imposed, of which a period has been served by way of full‑time imprisonment, leaving a balance of one month and 26 days.
With respect to the first offence of committing an act of indecency (CH2014/375), you were sentenced to nine months' imprisonment, again, part of which has been served by way of full‑time imprisonment, leaving a balance of five months and 26 days.
Finally, with respect to the second offence of committing an act of indecency (CH2014/452), there was a sentence of six months' imprisonment, again, part of which was served by way of full‑time imprisonment, and a balance remains of
one month and 26 days.
I take into account the nature of each of the charges. I take into account the lapse of time that has occurred since the commission of these offences. I also take into account the material that has been put before me today on your behalf, particularly as to your performance in the Alexander Maconochie Centre since you have been remanded in custody in January 2019. I note in that regard that you have now been in custody since 16 January 2019.
I should also note that with respect to these matters I am taking into account the fact that you have entered pleas of guilty to charges in the ACT Magistrates Court and I am sentencing you on the basis that any breach which has been occasioned by the commission of those offences is being dealt with today, 7 August 2019.
I intend to proceed by way of cancellation of the Good Behaviour Orders and
re-sentencing. In re-sentencing, I will take into account those matters to which I have referred and, in particular, to the way in which the sentences were originally structured by Penfold J. Thus, I intend to make the sentences which I now impose concurrent.
Re-sentencing
With respect to the offence of committing an act of indecency (CH2014/450) for which I sentenced you on 30 August 2018, the Good Behaviour Order is cancelled and there will be a sentence of five months and 29 days' imprisonment, commencing on
16 January 2019.
With respect to the burglary offence (CC2015/10525), that Good Behaviour Order will be cancelled and you will be re-sentenced to 10 months' imprisonment, which will also commence on 16 January 2019 and which will expire on 15 November 2019.
With respect to the theft offence (CC2015/10526), the Good Behaviour Order is cancelled and you are sentenced to one month and 26 days' imprisonment, commencing on 16 January 2019.
With respect to the offence of committing an act of indecency (CH2014/375), the
Good Behaviour Order is cancelled and you are sentenced to five months and 26 days' imprisonment, commencing on 16 January 2019.
With respect to the offence of committing an act of indecency (CH2014/452), the
Good Behaviour Order is cancelled and you are sentenced to one month and 26 days' imprisonment, commencing on 16 January 2019.
The effect of the re-sentencing process is that you are liable to serve an aggregate term of imprisonment of 10 months, commencing on 16 January 2019 and expiring on 15 November 2019.
Section 133G(3) of the Crimes (Sentencing) Act 2005 (ACT) states that when sentencing a young offender to imprisonment I must consider making a combination sentence consisting of a sentence of imprisonment and a Good Behaviour Order with a supervision condition.
Bearing in mind the history of this matter and the fact that you are currently awaiting sentence with respect to adult matters in the ACT Magistrates Court, which is anticipated to occur in September 2019, I will decline to make a combination sentence in respect of the matter.
| I certify that the preceding seventeen [17] numbered paragraphs are a true copy of the Reasons for Sentence of his Honour Justice Burns. Associate: Date: |
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