R v Watson
[2018] ACTSC 357
•17 October 2018
SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Watson |
Citation: | [2018] ACTSC 357 |
Hearing Date: | 17 October 2018 |
DecisionDate: | 17 October 2018 |
Before: | Burns J |
Decision: | See [7] |
Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – breach of Good Behaviour Order – re-sentence |
Legislation Cited: | Crimes (Sentence Administration) Act 2005 (ACT) |
Parties: | The Queen (Crown) Joshua Darcy Watson (Offender) |
Representation: | Counsel Mr D Swan (Crown) Mr T Sharman (Offender) |
| Solicitors ACT Director of Public Prosecutions (Crown) Sharman Robertson (Offender) | |
File Number: | SCC 285 of 2016 |
BURNS J:
Mr Watson, you are before me today because on 25 August 2017, I convicted you of an offence of possession of a drug of dependence for sale or supply. On that day, I sentenced you to 12 months’ imprisonment, of which approximately six months was to be served by way of full‑time imprisonment. That, in effect, gave you credit for the period of time that you had spent in custody prior to sentencing. The balance of that sentence, which was approximately six months, was suspended and there was a Good Behaviour Order for a period of two years.
On 28 March 2018, you committed an offence of driving whilst disqualified. That charge is still before the Magistrates Court. You were convicted of that offence on 24 July 2018 and you were committed by the magistrate to this court for breach of your Good Behaviour Order, in addition to which Corrective Services had at about the same time filed an alleged breach of Good Behaviour Order relating to an allegation that you had failed to comply with the probation condition of the Good Behaviour Order that I had imposed on 25 August 2017.
I have before me a Pre‑Sentence Report which was prepared for the Magistrates Court proceedings. As your counsel has conceded, it is not all good, but at the same time it is not all bad. There has been, I accept, some progress, particularly in terms of dealing with your drug addiction, since you appeared before me on 25 August 2017. I also note that the matter that brought before you the Magistrates Court was of a different character to that which I sentenced you on in August 2017.
It is clear that I have to cancel the Good Behaviour Order that I made on 25 August 2017, but the issue is what do I then do? The Crimes (Sentence Administration) Act 2005 (ACT) gives me two options. I can impose the suspended sentence, or that is the sentence that was suspended, or I may re-sentence.
In my opinion, bearing in mind that there have been some gains that have been made and also the fact that the offence before the magistrate was of a different nature, I should not proceed to simply impose the suspended portion of the sentence that I imposed in August 2017.
In my opinion, the appropriate course is to re-sentence you, taking into account the period of time that you have spent in custody prior to sentencing in August 2017 and also the period of time that you have now been subjected to the Good Behaviour Order.
Re-sentence
I will cancel the Good Behaviour Order that I made on 25 August 2017, and you will be re-sentenced to a term of six months’ imprisonment, which is effectively the suspended term of imprisonment that I had previously imposed. That sentence will be suspended forthwith and there will be a further Good Behaviour Order for a period of 12 months from today, with the conditions that you are:
(i) to accept the supervision of ACT Corrective Services and to obey all reasonable directions of officers of that service; and
(ii) secondly, to complete 120 hours of community service within a period of 12 months, as directed by officers of ACT Corrective Services.
[Speaking directly to offender]
Now because of the fact that there have been some gains made although, as I have said, there has not been perfect compliance with my earlier Good Behaviour Order, I will not require you to serve another immediate term of imprisonment at this time, but you must understand that you are obliged to comply with the terms of the order.
If for some reason you are unable to attend supervision, then you must contact Corrective Services and let them know. If you are unable to engage in a program on a particular date that you have been directed to engage in, you must contact them and let them know if you have some reasonable explanation for not being able to do it. I know that you have done so in the past because there is some reference to it in the material that has been put before me.
10. You will also be obliged to complete that 120 hours of community service, as and when directed by officers of ACT Corrective Services. So that is not a case of, “look, I know I can finish it within 12 months, so I don’t need to do it this week.” If you are directed to attend on a day, you have to attend on that day.
| I certify that the preceding ten [10] numbered paragraphs are a true copy of the Reasons for Sentence of his Honour Justice Burns. Associate: Date: 6 February 2019 |
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