The Queen v Geoffrey Calvert - [2014] ACTSC 41

THE QUEEN v GEOFFREY CALVERT
[2014] ACTSC 41 (10 February 2014)

CRIMINAL LAW – Judgment and Punishment – Re-sentencing on breach of good behaviour order

Crimes (Sentence Administration) Act 2005 (ACT), ss 86, 110

Guy v Anderson [2013] ACTSC 5
R v Calvert (Unreported, ACT Supreme Court, Refshauge J, 30 July 2010)
R v Marsden (1990) 60 SASR 320
R v Steel (Unreported, ACT Supreme Court, Refshauge J, 29 April 2010):
Saga v Reid [2010] ACTSC 59
Thompson v Young [2008] ACTSC 11

EX TEMPORE JUDGMENT

No. SCC 124 of 2010

Judge: Refshauge J
Supreme Court of the ACT

Date: 10 February 2014

IN THE SUPREME COURT OF THE     )
  )          No. SCC 124 of 2010
AUSTRALIAN CAPITAL TERRITORY )

THE QUEEN
V
GEOFFREY CALVERT

ORDER

Judge:  Refshauge J
Date:  10 February 2014
Place:  Canberra

THE COURT FINDS THAT:

Geoffrey Calvert has breached the good behaviour order made on 30 July 2010 by committing further offences.

THE COURT ORDERS THAT:

The good behaviour order made on 30 July 2010 be cancelled.

For the offence of assault occasioning actual bodily harm, Geoffrey Calvert be re-sentenced to fifteen months’ imprisonment, to commence on 9 August 2013.

For the offence of damaging property, Geoffrey Calvert be re-sentenced to four months’ imprisonment to commence on 9 August 2013.

The sentence be suspended from today for a period of two years.

Geoffrey Calvert be required to sign an undertaking to comply with the offender’s good behaviour obligations under the Crimes (Sentence Administration) Act 2005 for two years with the following conditions:

(a) a probation condition that he be on probation under the supervision of the Director-General, or her delegate, for twelve months, or such lesser period as the person delegated to supervise him considers appropriate, and obey all reasonable directions of the person delegated to supervise him;

(b) that he not drink alcohol for twelve months;

(c) that he submit himself to breath analysis when reasonably required by the person delegated to supervise you.

(d) that he perform 150 hours of community service work within twelve months

(e) Mr Calvert pay a fine of $800 within twelve months.

One of the good things in life is to share a beer or two with a mate, of that there can be no doubt. Unfortunately, as with many things, that stops being a good thing when the drinking of alcohol is abused. Alcohol affected drivers cause serious injury to other road users and themselves, even death. Young men, especially, who abuse alcohol can become aggressive and engage in violence which can cause serious injury, even death. Much domestic violence which can cause serious injury, even death, is accompanied by the abuse of alcohol.

Now appearing before me is Geoffrey Calvert, who has breached a good behaviour order I made on 30 July 2010, when I suspended a sentence of imprisonment imposed for the offence of assault occasioning actual bodily harm and damaging property. He committed further offences on 15 December 2012. Both the original offences and the…

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.

Continue reading The Queen v Geoffrey Calvert

Details

AGLC: The Queen v Geoffrey Calvert [2014] ACTSC 41
Case: [2014] ACTSC 41
Decision Date: 10 February 2014

CaseChat Overview and Summary

The defendant, Geoffrey Calvert, faced the court following a breach of a good behaviour order, necessitating a re-sentencing for two criminal offences. The original sentencing took place on 30 July 2010, with the current re-sentencing hearing presided over by the court. The primary issues before the court involved the appropriate re-sentencing for Calvert's prior convictions of assault occasioning actual bodily harm and damaging property, in light of his breach of the good behaviour order.

The legal matters at hand required the court to consider the principles of sentencing and the necessity for a punitive response to the defendant's non-compliance with the good behaviour order. The court had to determine the appropriate length of imprisonment for both offences, assess whether the sentences should be concurrent or consecutive, and decide on any additional conditions or requirements that would accompany the new sentences. Moreover, the court needed to ensure that the sentences were proportionate to the offences committed and reflected the need for rehabilitation and deterrence.

Upon reviewing the case, the court determined that the initial sentences were insufficient to address the breach of the good behaviour order and the severity of the offences. Consequently, the court cancelled the original good behaviour order and imposed a new sentence of fifteen months' imprisonment for the assault occasioning actual bodily harm and four months' imprisonment for the damaging property charge. These sentences were to commence on 9 August 2013, but the court suspended the enforcement of the sentences for two years. During this suspension period, Calvert was mandated to adhere to specific conditions, including probation, abstaining from alcohol, performing community service, and paying a fine. These measures aimed to ensure compliance and provide an opportunity for rehabilitation.

In conclusion, the court issued a comprehensive set of orders to address the breach of the good behaviour order and the underlying offences. The sentences and conditions imposed were designed to balance the need for punishment, deterrence, and rehabilitation. The defendant was given a clear framework within which to demonstrate his compliance and reform.

Orders

Orders of the court

1. The good behaviour order made on 30 July 2010 be cancelled.

2. For the offence of assault occasioning actual bodily harm, Geoffrey Calvert be re-sentenced to fifteen months’ imprisonment, to commence on 9 August 2013.

3. For the offence of damaging property, Geoffrey Calvert be re-sentenced to four months’ imprisonment to commence on 9 August 2013.

4. The sentence be suspended from today for a period of two years.

5. Geoffrey Calvert be required to sign an undertaking to comply with the offender’s good behaviour obligations under the Crimes (Sentence Administration) Act 2005 for two years with the following conditions:

(a) a probation condition that he be on probation under the supervision of the Director-General, or her delegate, for twelve months, or such lesser period as the person delegated to supervise him considers appropriate, and obey all reasonable directions of the person delegated to supervise him;

(b) that he not drink alcohol for twelve months;

(d) that he perform 150 hours of community service work within twelve months

(e) Mr Calvert pay a fine of $800 within twelve months.

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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