The Queen v Michael Cooper
[2014] ACTSC 103
•24 April 2014
THE QUEEN v MICHAEL COOPER
[2014] ACTSC 103 (24 April 2014)
CRIMINAL LAW – Judgment and Punishment – Re-sentencing – Breach of good behaviour order
Crimes (Child Sex Offenders) Act 2005 (ACT)
Crimes (Sentence Administration) Act 2005 (ACT), s 110
EX TEMPORE JUDGMENT
No. SCC 346 of 2010
Judge: Refshauge ACJ
Supreme Court of the ACT
Date: 24 April 2014
IN THE SUPREME COURT OF THE )
) No. SCC 346 of 2010
AUSTRALIAN CAPITAL TERRITORY )
THE QUEEN
v
MICHAEL COOPER
ORDER
Judge: Refshauge ACJ
Date: 24 April 2014
Place: Canberra
THE COURT ORDERS THAT:
The Good Behaviour Order made on 21 December 2012 be cancelled;
For the charge of possessing child pornography, Mr Cooper be sentenced to imprisonment for two years and seven months to commence on 26 May 2011, to be served by periodic detention from 26 May 2011 to 25 November 2012 and that the term of imprisonment then be suspended.
Mr Cooper sign an undertaking to comply with the offender’s good behaviour obligation under the Crimes (Sentence Administration) Act 2005 (ACT) to be of good behaviour for a period of two years from 26 November 2012.
I note that, on 26 May 2011, Michael Cooper was convicted of a charge of possessing child pornography and was sentenced in the ACT Supreme Court. A Crown appeal was taken from that sentence and, on 21 December 2012, the appeal was upheld and the sentence was set aside and instead a sentence of two years and seven months was imposed, eighteen months of that sentence to be served by periodic detention from 26 May 2011 to 25 November 2012. The balance of the term was to be suspended on 25 November 2012 and a Good Behaviour Order was made for two years from 26 November 2012 to end on 25 November 2014.
On 9 January 2014, Mr Cooper was convicted of a charge of failing to report as required under the Crimes (Child Sex Offenders) Act 2005 (ACT), under which he was a registrable child sex offender and for which he was required to report annually. He did not do so between 1 and 30 September 2013 and, on 2 October 2013, the Australian Federal Police, which administers the annual reporting, contacted him. He attended Belconnen Police Station two days later and participated in an interview in relation to that matter during which he said that he did not make any contact because he assumed that the police were going to contact him.
On 9 January 2014, in the Magistrates Court, he was convicted of that offence and released immediately on a Good Behaviour Order for twelve months. That conviction is a breach of the Good Behaviour Order for the original charge of possessing child pornography. As a result, under s 110 of the Crimes (Sentence Administration) Act 2005 (ACT), I am required, on being satisfied that a breach of the Good Behaviour Order has been made out, to either impose the sentence that was suspended or re-sentence the offender.
It has been put to me that I should simply re-sentence the offender and the Crown and Mr Cooper’s counsel have both urged that on me. Accordingly, I will do so.
[His Honour then spoke directly to Mr Cooper]
Mr Cooper, please stand:
1. I cancel the Good Behaviour Order that was made on 21 December 2012.
2. For the charge of possessing child pornography, I sentence you to imprisonment for two years and seven months to commence on 26 May 2011, to be served by periodic detention from 26 May 2011 to 25 November 2012 and that the term of imprisonment then be suspended.
3. I require you to sign an undertaking to comply with the offender’s good behaviour obligation under the Crimes (Sentence Administration) Act 2005 (ACT) to be of good behaviour for a period of two years from 26 November 2012.
Mr Cooper, what I have basically done is re-impose the same sentence. It sounds all historical, and it is. The only thing that you now have is that you remain bound by the good behaviour obligation until 25 November this year and if you commit any offences that are punishable by imprisonment between now and that date, you can be brought back even after the Good Behaviour Order has expired and you can be re-sentenced or otherwise dealt with in respect of that matter.
Why I emphasise that is because I assume that your annual reporting obligation will occur sometime around September again this year. Unless you are proactive in reporting, you may find yourself in the same situation, but with the accumulation of a
prior conviction you cannot expect the same result, either in the Magistrates Court or in this Court.
I certify that the preceding eight (8) numbered paragraphs are a true copy of the Reasons for Judgment herein of his Honour, Justice Refshauge.
Associate:
Date: 3 June 2014
Counsel for the Crown: Mr T Hickey
Solicitor for the Crown: ACT Director of Public Prosecutions
Counsel for the defendant: Ms B Harders
Solicitor for the defendant: Aulich Civil Law
Date of hearing: 24 April 2014
Date of judgment: 24 April 2014
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