SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Van Duren |
Citation: | [2017] ACTSC 132 |
Hearing Date: | 18 May 2017 |
DecisionDate: | 18 May 2017 |
Before: | Murrell CJ |
Decision: | Two years and six months’ imprisonment, suspended. |
Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – assault occasioning actual bodily harm – assault on police officer – unlawful strangulation of RSPCA inspector – trespass and damage property on RSPCA premises – where offender’s dog seized – where offender has PTSD as a result of defence service – relevance of mental health condition to sentencing |
Legislation Cited: | Crimes Act 1900 (ACT) ss 24, 28(2)(a), 116(3) Public Order (Protection of Persons and Property) Act 1971 (Cth) s 11(1) Crimes (Sentencing) Act 2005 (ACT) ss 7, 13, 33, 33(1)(m), 35 |
Parties: | The Queen (Crown) Shane Rene Van Duren (Offender) |
Representation: | Counsel Mr A Williamson (Crown) Ms L Taylor (Offender) |
| Solicitors ACT Director of Public Prosecutions (Crown) Legal Aid ACT (Offender) | |
File Numbers: | SCC 119 of 2016; SCC 120 of 2016 |
MURRELL CJ:
The offender pleaded guilty to two offences committed on 30 December 2015:
(a)assault occasioning actual bodily harm (of Constable Damien Neit), an offence against s 24 of the Crimes Act 1900 (ACT) (Crimes Act) which carries a maximum penalty five years' imprisonment; and
(b)unlawful strangulation (of RSPCA Inspector Catherine Croatto), an offence against s 28(2)(a) of the Crimes Act which carries a maximum penalty of five years' imprisonment.
The Court is asked to deal with two transferred summary charges:
(a)trespass, an on offence against s 11(1) of the Public Order (Protection of Persons and Property) Act 1971 (Cth) which carries a maximum penalty of a fine of $1800; and
(b)damage property, an offence against s 116(3) of the Crimes Act which carries a maximum penalty two years' imprisonment.
The pleas of guilty were entered in the Supreme Court on 3 April 2017, the date when a trial was scheduled to commence. Under s 35 of the Crimes (Sentencing) Act 2005 (Sentencing Act), the offender will receive a discount of about 10 or 15 per cent for the pleas of guilty. Although they were entered extremely late, they had been foreshadowed about two weeks earlier. The prosecution had been able to advise witnesses. The running of the trial would have been very distressing to some witnesses, particularly the victim, Inspector Croatto. On the other hand, the Crown had a strong case.
The offender was arrested on 30 December 2015 and remained in custody until granted bail on 15 February 2016, having spent an estimated 46 days in custody.
Facts
On 11 November 2015, RSPCA Inspector Croatto attended the offender's premises and removed an Irish Wolfhound dog that was in poor condition. The offender was not home. Subsequently, Inspector Croatto spoke by telephone to the offender and told him that the dog had been seized.
The dog in question was not owned by the offender. He agrees that it was in poor…
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- AGLC
- R v Van Duren [2017] ACTSC 132
- Case
- [2017] ACTSC 132
- Decision Date
CaseChat Overview and Summary
The court considered the severity of the offenses, including the assault on a police officer and the damage to property. It also acknowledged the defendant's mental health condition and its impact on his behavior. The court found that while the offenses were serious, the defendant's PTSD and other mitigating factors warranted a degree of leniency. The court ultimately decided that a suspended sentence would be appropriate, taking into account the defendant's mental health and the need for rehabilitation. The court imposed a two-year and six-month imprisonment sentence, which was suspended.
The final orders of the court were that the defendant was to serve a two-year and six-month imprisonment sentence, which was suspended. This decision reflects the court's consideration of both the severity of the offenses and the defendant's mental health condition, aiming to provide a sentence that is both just and rehabilitative.
Orders
Orders of the court
Two years and six months’ imprisonment, suspended.
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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