R v Watson

[2019] ACTSC 385

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Watson

Citation:

[2019] ACTSC 385

Hearing Date:

8 April 2019

DecisionDate:

8 April 2019

Before:

Burns J

Decision:

See [6]

Catchwords:

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

Parties:

The Queen (Crown)

Joshua Darcy Watson (Offender)

Representation:

Counsel

P Dixon (Crown)

H Jorgensen (Offender)

Solicitors

ACT Director of Public Prosecutions (Crown)

Legal Aid ACT (Offender)

File Number:

SCC 285 of 2016

BURNS J:

1. Mr Watson, you first appeared before me in 2017 charged with an offence of sale or supply of a drug of dependence (XO2017/31185). There was a plea of guilty to that charge and on 25 August 2017, I convicted you of that offence and sentenced you to 12 months' imprisonment which I had reduced from 15 months’ imprisonment in order to reflect your plea of guilty. That sentence commenced on 18 February 2017 and was to expire on 17 February 2018.

1. Of that period, a period commencing on 18 February 2017 and expiring on 24 August 2017, was to be served by way of full-time imprisonment. The balance was to be suspended and there was a Good Behaviour Order imposed for a period of two years.

1. You subsequently breached that Good Behaviour Order and you came back before me on 17 October 2018 to be dealt with on that breach. I re-sentenced you at that time to a term of six months' imprisonment which was effectively the suspended term of imprisonment that I had imposed in August 2017.

1. On 17 October 2018, I fully suspended that term of six months' imprisonment on a Good Behaviour Order. You were to accept the supervision of ACT Corrective Services for that period of 12 months and you were to complete 120 hours of community service within a period of 12 months as directed by officers of ACT Corrective Services.  

1. It is now accepted that you have breached both of the conditions of the Good Behaviour Order which I imposed on 17 October 2018. You have completed only a two-hour induction program with regard to the 120 hours of community service that I ordered you to complete, and you completed very little in terms of supervision.

1. In my opinion, the appropriate course is to cancel the Good Behaviour Order and to impose the suspended term of imprisonment. I cancel the Good Behaviour Order. That suspended sentence of six months' imprisonment is imposed, commencing on 9 March 2019 and expiring on 8 September 2019.

I certify that the preceding six [6] numbered paragraphs are a true copy of the Reasons for Sentence his Honour Justice Burns.

Associate:

Date: