Williams v The Queen

[2001] FCA 1464

FEDERAL COURT OF AUSTRALIA

Williams v The Queen [2001] FCA 1464

DARREN FRANK WILLIAMS v THE QUEEN

A5 of 2001

WILCOX, MILES and WHITLAM JJ
18 MAY 2001
CANBERRA

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY

DISTRICT REGISTRY

A5 of 2001

BETWEEN:	DARREN FRANK WILLIAMS APPLICANT
AND:	THE QUEEN RESPONDENT
JUDGE:	WILCOX, MILES and WHITLAM JJ
DATE OF ORDER:	18 MAY 2001
WHERE MADE:	CANBERRA

THE COURT ORDERS THAT:

1.The sentences imposed on the appellant by the Supreme Court on 14 February 2001 be set aside.

2.On the first count the appellant is to be sentenced to 15 months' imprisonment suspended forthwith upon the condition that the appellant:

(a)enter into a recognisance (self) in the sum of $1000 to be of good behaviour for three years;

and the further conditions that the appellant:
(b)       accept psychiatric treatment and taking prescribed medication;

(b)accept the supervision of the Director of Corrective Services during such period as the Director approves within the three years of the recognisance and accept such alcohol treatment and counselling as may be directed;

(c)not approach within a 2 kilometre radius of 12 Harkness Street, Monash except for some important personal purpose and after obtaining permission from the Director of Adult Corrective Services or one of his officers.

3.On the third count, the appellant serve 208 hours of community service, and for that purpose report to the Director of Community Services Office in the Magistrates Court building in Canberra within seven days.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY

DISTRICT REGISTRY

A5 of 2001

BETWEEN:	DARREN FRANK WILLIAMS APPLICANT
AND:	THE QUEEN RESPONDENT

JUDGE:	WILCOX, MILES and WHITLAM JJ
DATE:	18 MAY 2001
PLACE:	CANBERRA

REASONS FOR JUDGMENT

WILCOX J:

1. The Court has considered what course it should take in relation to this matter.  There are two observations we wish to make.  One is that we regard the offences to which the appellant is pleading guilty as serious offences.  Notwithstanding the behaviour of other people involved in the incident, the action taken by the appellant must be regarded as extremely inappropriate.  The second observation that we wish to make is that we do not disagree with the view taken by Madgwick J in regard to sentence, on the basis of the material then before him.  In fact we go so far as to indicate our express agreement with that view. 

2. However, there are some unusual circumstances surrounding the sentence, the effect of the sentence and, in particular, its effect on other people other than the appellant.  For that reason we have decided to substitute different orders, which will have the effect of substituting community service obligations for the periodic detention that his Honour ordered.  Miles J has worked out the form of the order and will indicate the orders the Court will make. 

MILES J:  

1. I agree with what Wilcox J has said in that the appeal should for the reasons given be allowed.  I propose the following orders.  The Court would set aside the sentences imposed by the Supreme Court on 14 February 2001 and in their place substitute the following:

   (1)On the first count the appellant is to be sentenced to 15 months' imprisonment suspended forthwith upon entering into a recognisance (self) in the sum of $1000 to be of good behaviour for three years and further conditioned upon accepting treatment, that is, psychiatric treatment and taking prescribed medication. 

   (2)       Further conditioned:

   on accepting the supervision of the Director of Corrective Services during such period as the Director approves within the three years of the recognisance and accept such alcohol treatment and counselling as may be directed.

   (3)Further:

   not to approach within a 2 kilometre radius of 12 Harkness Street, Monash except for some important personal purpose and after obtaining permission from the Director of Adult Corrective Services or one of his officers.

   4.On the third count I would order that the appellant serve 208 hours of community service and for that purpose report to the Director of Community Services Office in the Magistrates Court building in Canberra within seven days.

WHITLAM J:  

1. I agree with the orders proposed, for the reasons given by both of my colleagues.

I certify that the preceding four (4) numbered paragraph is a true copy of the Reasons for Judgment herein of the Honourable Justices Wilcox, Miles and Whitlam.

Associate:

Dated:             22 October 2001

Counsel for the Appellant:	V Tjakamarra-Forrest
Solicitor for the Appellant:	Tjakamarra Forrest Solicitors
Counsel for the Respondent:	A Robertson
Solicitor for the Respondent:	Director of Public Prosecutions
Date of Hearing:	18 May 2001