The Queen v Ranasinghe
[2022] NTSC 64
•12 August 2022
CITATION:The Queen v Ranasinghe [2022] NTSC 64
PARTIES:THE QUEEN
v
RANASINGHE, Jackson
TITLE OF COURT: SUPREME COURT OF THE NORTHERN TERRITORY
JURISDICTION: SUPREME COURT exercising Territory jurisdiction
FILE NO:22124543
DELIVERED: 12 August 2022
HEARING DATES: On the papers
JUDGMENT OF: Blokland J
CATCHWORDS:
SENTENCING – Technical Error – Home detention ordered within
recognizance release order – Application to re-open proceedings –
Sentencing error acknowledged – Sentence Corrected.
Statues:
Crimes Act 1914 (Cth): ss 19AHA; 20AB(IAA); 20AB(IAA)(c);
Crimes Regulations 2019 (Cth); Regulation 15
Sentencing Act 1995 (NT): s 44
REPRESENTATION:
Counsel:
Applicant:B.Stone
Respondent: S.McMaster
Solicitors:
Applicant:Commonwealth Director of Public Prosecutions
Respondent: Maley’s
Judgment category classification: C
Judgment ID Number: BLO2205
Number of pages: 5
IN THE SUPREME COURT
OF THE NORTHERN TERRITORY
OF AUSTRALIA
AT DARWINThe Queen v Ranasinghe [2022] NTSC 64
No. 22124543
BETWEEN:
THE QUEEN
Appellant
AND:
JACKSON RANASINGHE
Respondent
CORAM: BLOKLAND J
CORRECTION OF SENTENCE
(Delivered 12 August 2022)
Introduction
On 5 August 2022 I sentenced Jackson Ranasinghe for a series of offences under the Crimes Act 1914 (Cth) as follows:
1.Count 1: Convicted and Sentenced to 18 months imprisonment, to commence 20 July 2022. To be released on recognizance release order in the sum of $5000.00 on 26 August 2022 on the following conditions (Operational Period of 18 months).
(i)To be of good behaviour for 18 months after release and comply with the other conditions;
(ii)To be under the supervision of a probation and parole officer, obey all their directions and report within two clear working days of the order coming in force;
(iii)To tell a probation and parole officer of any change of address within two days after the change;
(iv)To not leave the Territory except with the permission of a probation and parole officer;
(v)To not purchase or consume alcohol, and to submit to testing for alcohol consumption as directed by a probation and parole officer or a police officer;
(vi)To not consume a dangerous drug and to submit to testing by a probation and parole officer for the purpose of detecting the presence of dangerous drugs;
(vii)To participate in any treatment, program-type assessment and/or counselling as directed.
2. Counts 2, 3, 4 and 5: Convicted and sentenced to 6 months imprisonment on each count (served concurrently), to commence on 26 August 2022. To be released on 26 August 2022 on recognizance release order in the sum of $1000.00 on the following conditions (Operational Period of 12 months).
(i) To be of good behaviour for 12 months from 26 August 2022;
(ii)To comply with conditions of the home detention order as set out below.
3.Counts 2, 3, 4 and 5: Suspended on entry to a home detention order for six months on each count (served concurrently). This is to commence following release from prison for sentence on Count 1, on 26 August 2022. The following conditions will apply during the home detention period:
(i)The offender is under the ongoing supervision of a probation and parole officer, must obey all reasonable directions from a probation and parole officer and must report to a probation and parole officer directly after the order comes into force;
(ii)Upon discharge from the Darwin Correctional Centre on 26 August 2022, the offender must return immediately to unless directed otherwise by a probation and parole officer;
(iii)He must not leave his residence, except at the times and for the periods as prescribed or as otherwise permitted by a probation and parole officer;
(iv)He must wear or have attached an approved monitoring device in accordance with the directions of a probation and parole officer, and allow the placing, or installation in, and retrieval from, the premises or place specified in the order of such machine, equipment or device necessary for the efficient operation of the monitoring device;
(v)He must not purchase or consume alcohol, and will submit to breach testing by a probation and parole officer or police officer;
(vi)He must not consume a dangerous or restricted drug, and will submit to testing as directed by a probation and parole officer for the purpose of detecting the presence of such drugs;
(vii)He must not possess a firearm without the permission of the Commissioner of Correctional Services;
(viii)He must comply with the electronic monitoring rules as stipulated in the Rules for Electronic Monitoring document.
4.Further, forfeiture was ordered of the Black Samsung Smart Phone (Exhibit #556192-001) and the Dell G7 Laptop Computer and power cord (Exhibit #556192-002), to the Commonwealth.
On 8 August, counsel for the Crown requested the Court re-open the sentence pursuant to s 19AHA of the Crimes Act for the sentence on Counts 2, 3, 4 and 5 to correct a sentencing error. Counsel for Jackson Ranasinghe did not object to the course proposed by the Crown.
Section 19AHA of the Crimes Act applies if a sentencing order made by a court reflects an error of a technical nature. An error of this kind does not affect the validity of the sentence. The error I made was to attach the home detention order for Counts 2, 3, 4 and 5 to a recognizance release order.
The intersection of the state and federal sentencing regime, does permit a court to order home detention for a Commonwealth offence. However, the mechanism is through s 20AB(IAA)(C) of the Crimes Act read with Regulation 15 of the Crimes Regulations 2019 (Cth). Section 20AB(IAA) of the Crimes Act does not expressly refer to a “home detention” order, but a home detention order is a sentence prescribed under the Regulations pursuant to s 20AB(IAA)(c). The Regulations indicate that a home detention order pursuant to Subdivision 2 of Division 5 of the Sentencing Act 1995 (NT) is an available sentencing option for an offence against a law of the Commonwealth. The sentence will be corrected so that it accords with s 44 of the Sentencing Act and the Crimes Act. I acknowledge the error and thank counsel for the Crown for drawing this to my attention, and making the application.
The orders today are:
1. The sentencing proceeding is re-opened;
2. Jackson Ranasinghe is re-sentenced for Counts 2, 3, 4 and 5;
3.The recognizance release order and its conditions which were previously imposed on Counts 2, 3, 4 and 5 are quashed;
4. The suspended sentence is quashed;
5. I confirm Jackson Ranasinghe is convicted on each Count;
6.On each Count he is sentenced to 6 months imprisonment, to be served as home detention from 26 August 2022 on the conditions set out above.
7.The sentences for Counts 2, 3, 4 and 5 are to be served concurrently.
These orders will be forwarded to counsel.
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