R v TL

Case

[2018] ACTSC 369

30 August 2018


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v TL

Citation:

[2018] ACTSC 369

Hearing Dates:

29 August 2018

DecisionDate:

30 August 2018

Before:

Burns J

Decision:

See [2]-[4]

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Breach of Good Behaviour Orders – re-sentence

Parties:

The Queen (Crown)

TL (Offender)

Representation:

Counsel

Mr M Fernandez (Crown)

Mr S McLaughlin (Offender)

Solicitors

ACT Director of Public Prosecutions (Crown)

Legal Aid ACT (Offender)

File Numbers:

SCC 246 of 2014; SCC 247 of 2014; SCC 248 of 2014; SCC 221 of 2015; SCC 240 of 2015; SCC 241 of 2015  

Burns J:

  1. In this matter I am satisfied that the only breaches that I can deal with today, that are before the Court, are the [redacted] breach matters [redacted].

  1. With respect to [redacted], the Good Behaviour Order in that matter is cancelled, and the young person is re-sentenced to one month’s imprisonment commencing on 30 July 2018 and expiring yesterday, 29 August 2018.

  1. With respect to [redacted], that Good Behaviour Order will also be cancelled and the young person will also be re-sentenced to seven months’ imprisonment, commencing on 30 July 2018 and expiring on 28 February 2019. That sentence will be suspended as of today, 30 August 2018, and there will be a Good Behaviour Order for a period of 12 months commencing today and expiring on 29 August 2019.

  1. That Good Behaviour Order will be subject to the core conditions, and there will be further conditions:

(a)that he is to be subject to supervision of the Director General or that person’s delegate for a period of 12 months or such lesser period as deemed appropriate by his supervising officer; and

(b)secondly, he is to undertake such counselling, courses, treatments or programs as directed by the Director General or her delegate. In that regard, I recommend that he be directed to undertake a program or programs offered by Worldview Foundation Limited.

  1. The result is that he is entitled to be released immediately on that Good Behaviour Order.

I certify that the preceding five [5] numbered paragraphs are a true copy of the Reasons for Judgment of his Honour Justice Burns.

Associate:

Date: 15 February 2019

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