R v West (No 2)
[2017] ACTSC 254
•29 August 2017
SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v West (No 2) |
Citation: | [2017] ACTSC 254 |
Hearing Dates: | 20, 27 July, 29 August 2017 |
DecisionDate: | 29 August 2017 |
Before: | Penfold J |
Decision: | See [9] – [11] below. |
Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – breach of good behaviour order – failure to maintain contact with supervisors – unsuccessful attempt to arrange supervision to be transferred – complex combination of socio-economic problems rather than criminogenic factors – not appropriate to return offender to custody because of socio-economic problems. |
Legislation Cited: | Crimes (Sentence Administration) Act 2005 (ACT) |
Parties: | The Queen (Crown) Bobbie-Lee West (Offender) |
Representation: | Counsel Ms S McMurray (Crown) Mr J Robertson (Offender) |
| Solicitors ACT Director of Public Prosecutions (Crown) Sharman Robertson (Offender) | |
File Number: | SCC 179 of 2015 |
Background
In March this year, I re-sentenced Bobbie Lee West for her relatively minor role in an aggravated burglary committed in December 2014.
Ms West breached the good behaviour order under that sentence of nine months imprisonment, fully suspended, by failing to perform community service and in March I cancelled the good behaviour order and re-sentenced her to the same nine months imprisonment, backdated to take account of some pre-sentence custody and again suspended, subject to a 10-month good behaviour order with, among other things, a supervision condition.
Ms West again failed to comply with that good behaviour order by maintaining contact with her supervisors, and over several appearances since July, efforts have been made for Ms West to establish contact to arrange that the supervision be transferred to New South Wales. That, it appears, has not been entirely successful, but I note that Ms West has obtained support from her doctor in Queanbeyan and other friends.
Current circumstances
I note that there has been no re-offending since the 2014 offence for which I originally sentenced Ms West.
In March this year, I noted Ms West's complex combination of social difficulties and that they reflected largely socio-economic problems rather than criminogenic factors. I decided then, and I hold to that view, that a person who has not re-offended since she was originally sentenced, should not now find herself in full-time custody because of those kinds of socio-economic problems.
Accordingly, and noting Ms West's view that without these various obligations complicating her life she will be able to keep herself out of trouble, and try to get on top of the various matters that are causing her difficulties, I propose again simply to cancel the good behaviour order and re-sentence to another good behaviour order, this time, however, without further obligations beyond the core obligations which of course include an obligation not to re-offend.
Sentence
Ms West, please stand.
I find that you have again breached the good behaviour order, this time the one made in 2017 when I re-sentenced you for the aggravated burglary offence.
I now cancel that good behaviour order and re-sentence you as follows.
I sentence you for the aggravated burglary to nine months imprisonment, and that will be backdated to 29 July 2017, and so it would run until 28 April next year.
The sentence will again be suspended, with effect from today, and I order you now to sign an undertaking to comply with your good behaviour obligations under the Crimes (Sentence Administration) Act 2005 (ACT) for 18 months.
The good behaviour order is, as I have indicated, not subject to any conditions other than the core conditions. That means that you will not need to engage with Corrective Services here for supervision or anything like that, but, apart from the obligation not to re-offend, the other significant obligation is to maintain your contact details up to date with Corrective Services, but that will all be in the order that you will be given now.
So you need to keep out of trouble for 18 months. You have, as I said, no supervision, no regular obligations with Corrective Services, and I do hope you take this opportunity, once you are free from that sort of obligation, to work out what you need to straighten your life out and pursue it. From the sounds of it, you have got some contacts in Queanbeyan who can help you work that out. You may sit down.
| I certify that the preceding thirteen [13] numbered paragraphs are a true copy of the Reasons for Sentence of her Honour Justice Penfold. Associate: Date: 4 October 2017 |
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