R v Timothy Glen Gray - [2014] ACTSC 376

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:	R v Timothy Glen Gray
Citation:	[2014] ACTSC 376
Hearing Date(s):	17 November 2014
DecisionDate:	17 November 2014
Before:	Refshauge J
Decision:	1. The Court is satisfied that Timothy Glen Gray has breached the good behaviour order made on 13 February 2013. 2. The good behaviour order made on 13 February 2013 be cancelled. 3. On the charge of aggravated burglary committed on 4 May 2011, Timothy Glen Gray be sentenced to fifteen months’ imprisonment to commence on 12 January 2015. That is to be, to that extent, consecutive on the sentence of imprisonment he is currently serving. 4. On the charge of theft committed on 4 May 2011, Timothy Glen Gray be sentenced to twelve months’ imprisonment, also to commence on 12 January 2015. That is to be wholly concurrent on the sentence for the offence of aggravated burglary. 5. For three months, that is, from 12 January 2015 to 11 April 2015, that sentence be served by periodic detention; the first period of detention to commence at 7:00 pm on 16 January 2015 when Timothy Glen Gray is to report to the Symonston Periodic Detention Centre, Mugga Lane, Red Hill, ACT. 6. The sentence be suspended on 12 April 2015 for twelve months. 7. Timothy Glen Gray be required to sign an undertaking to comply with the offenders good behaviour obligations, under the Crimes (Sentence Administration) Act 2005 (ACT), for a period of two years from 17 November 2014, with a probation condition that he be subject to the supervision of the Director-General, or her delegate, for a period of two years or such lesser period as the person supervising him considers appropriate, and obey all reasonable directions of the person supervising him as to alcohol and drug treatment and counselling, grief and loss counselling and mental health treatment and counselling.
Category:	Principal Judgment
Catchwords:	CRIMINAL LAW – Judgment and Punishment – Sentencing – Re-sentencing following breach of good behaviour order – Breach constituted by conviction for fresh offence
Legislation Cited:	Crimes (Sentence Administration) Act 2005 (ACT), ss 75, 108(2)(b), 110, Crimes (Sentencing) Act 2005 (ACT), ss 7, 62, 63, 80, Pt 5.3 Guy v Anderson [2013] ACTSC 5, Pt 5.3
Cases Cited:	Bugmy v The Queen (2013) 249 CLR 571 Jacka v The Australian Capital Territory [2014] ACTSC 49 Marston v The Queen (1993) 60 SASR 320 Muldrock v The Queen (2011) 244 CLR 120 R v Gray (Unreported, ACTSC, Refshauge J, 23 February 2011) R v Gray (Unreported, ACTSC, Refshauge J, 13 February 2013) Saga v Reid [2010] ACTSC 59
Parties:	The Queen (Crown) Timothy Glen Gray (Defendant)
Representation:	Counsel Mr G Mansfield (Crown) Mr J De Bruin (Defendant)
Solicitors ACT Director of Public Prosecutions (Crown) Legal Aid (ACT) (Defendant)
File Number(s):	SCC 237 of 2011

Refshauge J:

The experience of the courts is that offenders who wish to reform often have to overcome significant personal obstacles which cause backsliding, or prevent progress. Mental health…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Timothy Glen Gray

Details

AGLC: R v Timothy Glen Gray [2014] ACTSC 376
Case: [2014] ACTSC 376
Decision Date: 17 November 2014

CaseChat Overview and Summary

In the matter of R v Timothy Glen Gray, the defendant faced sentencing following a breach of a good behaviour order. The court was asked to address the breach, which was evidenced by a subsequent conviction for fresh offences. The dispute centred on the appropriate sentence to be imposed for the original offences and the consequences of the breach of the good behaviour order.

The court was required to determine the sentence for the original offences of aggravated burglary and theft committed on 4 May 2011, as well as the consequences of the breach of the good behaviour order made on 13 February 2013. Specifically, the court had to decide on the length and nature of the imprisonment, the conditions of the sentence, and whether any of the sentence would be served concurrently or consecutively with the sentence the defendant was already serving.

The court found that Timothy Glen Gray had indeed breached the good behaviour order by committing fresh offences. The court cancelled the good behaviour order and imposed a sentence of fifteen months for the charge of aggravated burglary and twelve months for the charge of theft, to commence on 12 January 2015. The sentences were to be served consecutively to the sentence the defendant was already serving for the original offences. For the first three months, the sentence was to be served by periodic detention, with the first period of detention to commence on 16 January 2015. The sentence was to be suspended on 12 April 2015 for twelve months, and the defendant was required to sign an undertaking to comply with the offenders good behaviour obligations and be subject to supervision and various counselling conditions for two years.

In summary, the court ordered that Timothy Glen Gray’s good behaviour order be cancelled and that he be sentenced to imprisonment for the original offences, with specific conditions on the commencement and duration of the sentence, as well as obligations and supervision for a period of two years following the sentence.

Orders

Orders of the court

1. The Court is satisfied that Timothy Glen Gray has breached the good behaviour order made on 13 February 2013.

2. The good behaviour order made on 13 February 2013 be cancelled.

3. On the charge of aggravated burglary committed on 4 May 2011, Timothy Glen Gray be sentenced to fifteen months’ imprisonment to commence on 12 January 2015. That is to be, to that extent, consecutive on the sentence of imprisonment he is currently serving.

4. On the charge of theft committed on 4 May 2011, Timothy Glen Gray be sentenced to twelve months’ imprisonment, also to commence on 12 January 2015. That is to be wholly concurrent on the sentence for the offence of aggravated burglary.

5. For three months, that is, from 12 January 2015 to 11 April 2015, that sentence be served by periodic detention; the first period of detention to commence at 7:00 pm on 16 January 2015 when Timothy Glen Gray is to report to the Symonston Periodic Detention Centre, Mugga Lane, Red Hill, ACT.

6. The sentence be suspended on 12 April 2015 for twelve months.

7. Timothy Glen Gray be required to sign an undertaking to comply with the offenders good behaviour obligations, under the Crimes (Sentence Administration) Act 2005 (ACT), for a period of two years from 17 November 2014, with a probation condition that he be subject to the supervision of the Director-General, or her delegate, for a period of two years or such lesser period as the person supervising him considers appropriate, and obey all reasonable directions of the person supervising him as to alcohol and drug treatment and counselling, grief and loss counselling and mental health treatment and counselling.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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