The Queen v James Adams
[2015] ACTSC 318
•20 October 2015
SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | The Queen v James Adams |
Citation: | [2015] ACTSC 318 |
Hearing Date(s): | 19 October 2015 |
DecisionDate: | 20 October 2015 |
Before: | Robinson AJ |
Decision: | See [18] – [20] |
Category: | Sentence |
Catchwords: | CRIMINAL LAW – Sentence – particular offences – theft – plea of guilty |
Legislation Cited: | Crimes (Sentencing) Act 2005 (ACT), s 19 |
Parties: | The Queen (Crown) James Anthony Adams (Offender) |
Representation: | Counsel Ms P Burgoyne-Scutts (Crown) Mr J Maher (Offender) |
| Solicitors ACT Director of Public Prosecutions (Crown) Kamy Saeedi Lawyers (Offender) | |
File Number(s): | SCC 118 of 2015 |
ROBINSON AJ:
On 25 August 2015, James Anthony Adams, the offender, pleaded guilty on arraignment before Murrell CJ to a count that:
On 13 November 2014 he dishonestly appropriated property belonging to AJ’s Plumbing Australia Pty Ltd, with the intention of permanently depriving them of the property.
The maximum penalty for this offence is 10 years imprisonment.
The property in question was an industrial high pressure water jet machine, three drain cleaners, a gas detector, two remote trolley reels, a jet hose, three nozzles, two spanner sets, two wrench sets, a pair of auto feed screwdrivers, a plier set, a hook set, a screwdriver set, a transport load restraint kit, six ratchet straps, eight lifting hooks and five pin galvs. The total value of the property was $22,937.
On 13 November 2014 at approximately 3am to 4.30am the offender entered the open roof area of AJ’s Plumbing P/L at Hume having gained access by scaling an outer barbed wire fence and cutting through an inner wire fence. The offender removed equipment from various vehicles within the yard. He loaded them onto his Ford Ranger vehicle and drove away.
The offender was linked to the offence as a result his vehicle. He was a former employee of the business having worked as an apprentice for approximately a year from 2012 to 2013 when his employment ended following a dispute over wages and entitlements.
Some of the property was recovered. The insurer had to pay out $20,000. It has not sought to be subrogated. Only the excess on an insurance claim is now sought by way of reparation to AJ’s Plumbing Australia Pty Ltd .
Plea of guilty
The offender pleaded not guilty in the Magistrates Court and was committed for trial to the Supreme Court.
The plea of guilty before Murrell CJ came following two directions hearings in this Court before the Registrar.
Nevertheless the plea is of some utilitarian value. I shall allow approximately a 15% discount.
Motivation
The offender did not give evidence. I cannot make a clear finding on the motivation for this offence. It is possible to infer that the offender, having worked at the premises and knowing its layout and routines, regarded it as a good target to obtain property which could, in turn, be converted to cash to buy drugs. There is, however, no firm foundation for this finding.
Criminal Record
The offender has only one matter of damage/destroy property on his record for which he received a s 10 bond of 12 months.
Objective Seriousness
It is a serious offence but I keep in mind that a moderate sum was taken. The degree of planning is not evident and at the time of the offence there was no contract of employment and no truly confidential information was exploited.
Subjective Circumstances
The offender is aged 26. He has a substantial history of alcohol and drug abuse. The CADAS Report notes a degree of ambivalence in the offender changing his lifestyle away from drugs especially methamphetamine use. He does not appear to be currently obtaining help nor searching diligently for help.
Significantly, for present purposes, the offender was admitted, escorted by police, to the Adult Mental Health Unit from 19 April 2015 to 29 April 2015. He was discharged with a final diagnosis of Drug-induced psychosis.
His mental health appears, at best, unstable.
He does have the support of his mother and a brother.
Order
I have determined that no lesser punishment than a sentence of imprisonment is warranted. I have also determined that, in the circumstances, a substantial effort should be made in bringing about the best circumstances available for the prospects of rehabilitation, even if this has within it an element of coercion.
For the offence of theft, I convict the offender and sentence him to 12 months imprisonment. That sentence will be reduced to 10 months imprisonment owing to the plea of guilty.
I suspend the order of imprisonment from today conditional on the offender entering into a Good Behaviour Order for three years and with such order to include that the offender accept the supervision of ACT Corrective Services and carry out and engage with all the directions given by ACT Corrective Services including in relation to participation in alcohol and drug treatment programs.
Pursuant to s 19 of the Crimes (Sentencing) Act I make a reparation order requiring the offender to make reparation in the sum of $250 to AJ’s Plumbing Australia Pty Ltd. The moneys are to be paid to the Registrar for payment out to AJ’s Plumbing Australia Pty Ltd.
| I certify that the preceding twenty [20] numbered paragraphs are a true copy of the Reasons for Sentence of his Honour Acting Justice Robinson. Associate: D.Hoitink Date: 19 October 2015 |
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