R v Williams (No 2)
[2020] ACTSC 127
•21 February 2020
SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Williams (No 2) |
Citation: | [2020] ACTSC 127 |
Hearing Date: | 11 December 2019; 21 February 2020 |
DecisionDate: | 21 February 2020 |
Before: | Burns J |
Decision: | See [2]–[3] |
Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – assault occasioning actual bodily harm – plea of guilty – consideration of Intensive Correction Order |
Parties: | The Queen (Crown) Jaidyn James Norman Williams (Offender) |
Representation: | Counsel M Howe (Crown) J Dempster (11 December 2019); P Woodhouse (21 February 2020) (Offender) |
| Solicitors ACT Director of Public Prosecutions (Crown) Aulich Law (Offender) | |
File Number: | SCC 235 of 2019 |
BURNS J:
Mr Williams, my starting point with regard to sentencing with respect to the present offence of assault occasioning actual bodily harm [CAN 8818/2019] is a sentence of
12 months’ imprisonment. However, in the light of the plea of guilty to the matter, I will reduce that to one of nine months’ imprisonment.
I will record a conviction and the offender will be sentenced to a period of
nine months’ imprisonment commencing today, 21 February 2020 and expiring on
20 November 2020. That will be served by way of an Intensive Correction Order.
In addition to the core conditions of such an Order, there will be the following conditions:
(a)a curfew condition requiring him to be at his place of residence continuously from 8 pm each evening until 6 am the following morning; and
(b)the condition that he is not to consume any alcohol.
[Speaking directly to offender]
Mr Williams, you have served a short period of imprisonment; make sure you do not have to go back to prison. I am giving you an opportunity not to have to serve the
nine months’ imprisonment that I have imposed for this more recent offence of assault occasioning actual bodily harm. The ball is now back in your court.
If you comply with the terms of the Intensive Correction Order, then you do not have to serve any of that as full-time imprisonment, but if you do not comply with the terms of that order, and may I say particularly in terms of consuming alcohol, then the likelihood is you will be sentenced to a further term of imprisonment.
| I certify that the preceding five [5] numbered paragraphs are a true copy of the Reasons for Sentence of his Honour Justice Burns. Associate: Date: |
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