The Queen v Candice Anne Perry - [2014] ACTSC 99

THE QUEEN v CANDICE ANNE PERRY
[2014] ACTSC 99 (2 May 2014)

CRIMINAL LAW – Judgment and Punishment – Sentencing – Intentionally and unlawfully using a motor vehicle against another person likely to cause grievous bodily harm

Crimes Act 1900 (ACT), s 25
Crimes (Sentence Administration) Act 2005
Crimes (Sentencing) Act 2005 (ACT), ss 7, 33

Kennewell v Rand [2006] ACTCA 10

EX TEMPORE JUDGMENT

No. SCC 39 of 2013

Judge: Refshauge J
Supreme Court of the ACT

Date: 2 May 2014

IN THE SUPREME COURT OF THE       )
  )          No. SCC 39 of 2013
AUSTRALIAN CAPITAL TERRITORY    )

THE QUEEN
V
CANDICE ANNE PERRY

ORDER

Judge:  Refshauge J
Date:  2 May 2014
Place:  Canberra

THE COURT ORDERS THAT:

Candice Anne Perry be convicted of causing grievous bodily harm to Jason Burgess by an unlawful or negligent act or omission on 16 June 2012.

Candice Anne Perry be sentenced to two years’ imprisonment to commence on 2 May 2014.

Candice Anne Perry be convicted of causing grievous bodily harm to Daniel Burgess by an unlawful or negligent act or omission on 16 June 2012.

Candice Anne Perry be sentenced to twenty-two months’ imprisonment to commence on 2 May 2014, that is to be wholly concurrent on the first sentence.

The first ten months of the sentence, that is from 2 May 2014 to 1 March 2015, be served by periodic detention.

The first detention period commence on 9 May 2014, when she must present herself to the Symonston Periodic Detention Centre by 7:00 pm.

The balance of the sentence be suspended on 2 March 2015.

Candice Anne Perry sign an undertaking to comply with the offender’s good behaviour obligations under the Crimes (Sentence Administration) Act 2005 (ACT) for a period of two years from 2 May 2014 with a probation condition that she be under the supervision of the Director-General or her delegate for a period of two years or such lesser period as the person delegated to supervise her considers appropriate and that she obey all reasonable directions of that person, especially as to counselling and treatment for mental health issues.

A copy of the Report of Dr Stephen Allnutt dated 29 April 2014 be forwarded to ACT Corrective Services to assist in the management of Candice Anne Perry’s probation.

On 16 June 2012, Candice Perry deliberately drove her car off Belconnen Way and collided with Jason Burgess and Daniel Burgess causing them serious injuries as a result. She was charged with a number of offences and on 21 October 2013 pleaded guilty to a count of causing grievous bodily harm to Jason Burgess by an unlawful or negligent act or omission and to a count of causing grievous bodily harm to Daniel Burgess by an unlawful or negligent act or omission.

The offence of causing grievous bodily harm by an unlawful or negligent act or omission is an offence against s 25 of the Crimes Act 1900 (ACT) and renders Ms Perry liable to a maximum penalty of…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2014] ACTSC 99
Decision Date: 2 May 2014

CaseChat Overview and Summary

Candice Anne Perry was convicted of two counts of causing grievous bodily harm by intentionally and unlawfully using her motor vehicle against Jason Burgess and Daniel Burgess on 16 June 2012. The case was heard and determined in the Supreme Court of the Australian Capital Territory. The primary legal issue before the court was whether Perry was guilty of causing grievous bodily harm to the two victims and, if so, what sentence should be imposed.

The court considered the evidence presented, including witness testimonies and expert reports, to conclude that Perry had indeed caused grievous bodily harm to the victims through her unlawful actions. The court took into account the severity of the injuries, the deliberate nature of the actions, and the impact on the victims. The sentencing decision also considered the need for deterrence and rehabilitation. The court sentenced Perry to two years’ imprisonment for causing grievous bodily harm to Jason Burgess, and twenty-two months for causing grievous bodily harm to Daniel Burgess, with the latter sentence to run concurrently with the former. The court ordered that the first ten months of the sentence be served by periodic detention, with the remainder suspended. Additionally, Perry was required to comply with good behaviour obligations and undergo supervision and treatment for mental health issues.

The court’s orders included a requirement for Perry to sign an undertaking to comply with the offender’s good behaviour obligations and be supervised by the Director-General or their delegate. The court also directed that a copy of a relevant expert report be forwarded to ACT Corrective Services to aid in the management of Perry’s probation. This decision outlines the court's approach to sentencing in cases of grievous bodily harm caused by unlawful use of a motor vehicle, balancing the need for punishment, deterrence, and rehabilitation.

Orders

Orders of the court

1. Candice Anne Perry be convicted of causing grievous bodily harm to Jason Burgess by an unlawful or negligent act or omission on 16 June 2012.

2. Candice Anne Perry be sentenced to two years’ imprisonment to commence on 2 May 2014.

3. Candice Anne Perry be convicted of causing grievous bodily harm to Daniel Burgess by an unlawful or negligent act or omission on 16 June 2012.

4. Candice Anne Perry be sentenced to twenty-two months’ imprisonment to commence on 2 May 2014, that is to be wholly concurrent on the first sentence.

5. The first ten months of the sentence, that is from 2 May 2014 to 1 March 2015, be served by periodic detention.

6. The first detention period commence on 9 May 2014, when she must present herself to the Symonston Periodic Detention Centre by 7:00 pm.

7. The balance of the sentence be suspended on 2 March 2015.

8. Candice Anne Perry sign an undertaking to comply with the offender’s good behaviour obligations under the Crimes (Sentence Administration) Act 2005 (ACT) for a period of two years from 2 May 2014 with a probation condition that she be under the supervision of the Director-General or her delegate for a period of two years or such lesser period as the person delegated to supervise her considers appropriate and that she obey all reasonable directions of that person, especially as to counselling and treatment for mental health issues.

9. A copy of the Report of Dr Stephen Allnutt dated 29 April 2014 be forwarded to ACT Corrective Services to assist in the management of Candice Anne Perry’s probation.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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