R v Walters

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Walters

Citation:

[2014] ACTSC 225

Hearing Date:

26 August 2014

DecisionDate:

26 August 2014

Before:

Penfold J

Decision:

See [16] to [18] and [21] below

Category:

Sentence

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – offender to be sentenced for unlawful confinement, assault occasioning actual bodily harm and unlawfully using an offensive weapon likely to cause grievous bodily harm – sentence deferred in August 2013 to allow offender to pursue drug rehabilitation – offender successfully completed residential rehabilitation – continues to accept support from Canberra Recovery Service – has accommodation and full-time work – offender sentenced to four years and six months imprisonment, backdated by 20 months for pre-sentence custody and time in residential rehabilitation and the remainder suspended subject to three-year good behaviour order and community service obligation.

Legislation Cited:

Crimes (Sentencing) Act 2005 (ACT)

Crimes (Sentence Administration) Act 2005

Parties:

The Queen (Crown)

Brian Gregory Walters (Offender)

Representation:

Counsel

Ms S McMurray (Crown)

Mr A Hopkins (Offender)

Solicitors

ACT Director of Public Prosecutions (Crown)

Darryl Perkins Solicitors (Offender)

File Numbers:

SCC 201 of 2012; SCC 62 of 2013

1. When Brian Walters came before me in August 2013 for sentence on pleas of guilty, I recorded convictions on charges of:

(a)unlawful confinement;

(b)assault occasioning actual bodily harm and intentionally; and

(c)unlawfully using an offensive weapon likely to cause grievous bodily harm. 

1. Those offences carry maximum penalties respectively of 10, five and five years imprisonment. 

1. I also noted scheduled offences of serious driving and driving unlicensed that were to be taken into account in sentencing for the use offensive weapon offence.

1. The details of those offences were set out in my original sentencing remarks, an extract from which will be attached to the published version of these remarks.  I see no need to repeat that material here, except to say that the offences were committed during two separate and unrelated sequences of events in April 2012 and July 2012; on the first occasion, Mr Walters was affected by alcohol and cannabis, and during the second series of events, by alcohol and illicit substances including Ice. 

1. Mr Walters had had a difficult childhood in many respects, including sexual abuse between the ages of 10 and 12 by a neighbour, who also introduced him to alcohol and drugs. He had turned to serious substance abuse around the age of 16.  He had lived with his mother, who was a sole parent, but over time his behaviour had deteriorated to the point that she had obtained a protection order against him. 

1. By the time Mr Walters came before me for sentence, he had spent just over eight months in custody and had been bailed to a drug rehabilitation program run by the Canberra Recovery Service (CRS), specifically by the Salvation Army.  He was making good progress in residential rehabilitation, and I decided to defer his sentence to give him time to address the factors…