2014-12-19 R V Cullen 2014 ACTSC 387; SCC 119 of 2013; SCC 203 of 2013

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title: / R v Cullen
Citation: / [2014] ACTSC387
Hearing Date: / 19 December 2014
DecisionDate: / 19 December 2014
Before: / Burns J
Decision: / See [5] – [9]
Category: / Sentence
Catchwords: / CRIMINAL LAW – Particular Offences – property offences – offences against the person– dishonesty offences – aggravated robbery – theft – aggravated burglary – assault – deferred sentence order – sentence
Parties: / The Queen (Crown)
Tom Cullen (Offender)
Representation: / Counsel
Mr Reardon (Crown)
Mr O’Brien(Offender)
Solicitors
ACT Director of Public Prosecutions(Crown)
Legal Aid ACT(Offender)
File Numbers: / SCC119 of 2013; SCC 203 of 2013

Burns J:

Background and consideration

1.Mr Cullen, it is very pleasing to see that you have taken the opportunity that I gave you to address your drug addiction in the community. There were only two options that were available to me, I thought, when I dealt with you in April this year, and they were to either give you an opportunity to demonstrate that you were willing to work with the appropriate authorities and other bodies in the community in order to address your drug addiction, which I am satisfied was the base of your offending behaviour; or, alternatively, to sentence you to a term of imprisonment and hopefully have that issue addressed whilst you were in prison. I took the first option and imposed a Deferred Sentence Order (DSO).

2.All too frequently, those who are given these opportunities do not make the most of them and end up in prison. I indicated to you when you were before me in April this year that if you complied with the terms of the DSO that I was imposing that I would sentence you in such a way as not to require you to serve any further immediate term of imprisonment, and as you have complied so well with what I have directed you to do, that is what I am going to do today. However, you have to understand that this is only the beginning. You have to maintain the commitment that you have so far shown to dealing with drug addiction and avoiding criminal behaviour.

3.It is very pleasing and a very positive sign that you have employment now available to you, so that I feel that I can have confidence that I do not need to impose a sentence of imprisonment, either as a deterrent to you or indeed to incapacitate you from committing further offences. I am content that there is a good prospect for your rehabilitation at this time.

Sentences

4.I note that I recorded convictions on all of the following charges in April this year.

5.With respect to the aggravated robbery (CC2013/6505), you will be sentenced to three years’ imprisonment commencing on 2March this year.

6.With respect to the three charges of theft (CC2013/6985; CC2013/6985; CC2013/6987), on each of those charges you will be sentenced to six months’ imprisonment commencing on 2 March 2014.

7.With respect to the aggravated burglary charge (CC2013/6785), you will be sentenced to two years’ imprisonment, taking into account the matters on the list of additional offences of which 12 months will be accumulative on the sentence for aggravated robbery (above, CC2013/6505).

8.With respect to the remaining charges, being the summary offences including two of assault (CC2013/5886; CC2013/5887) and two of minor theft (CC2013/5888; CC2013/5889), I will impose a Good Behaviour Order for a period of 12 months from today, and I won’t impose any conditions other than the core conditions on those Good Behaviour Orders because of what I intend to do with respect to the remaining charges on which you are currently sentenced now to terms of imprisonment.

9.The sentences which I have imposed means that I have effectively imposed a sentence of four years’ imprisonment commencing on 2 March this year and expiring on 1 March 2018. Those sentences, to the extent that they have not already expired, will be suspended immediately upon you entering into a Good Behaviour Order for a period of three years with conditionsthat you are to accept the supervision of ACT Adult Corrections for that period of three years or such lesser period as deemed appropriate by your supervising officer and you are to obey all reasonable directions of officers of ACT Adult Corrections

10.As I have said, I have dealt with these matters in such a way that you do not have to serve any further term of imprisonment, but you still have the remainder of that four year sentence of imprisonment hanging over your head so that you now have to comply with the terms of the Good Behaviour Order for that period. If you do, then there’s no reason why you need serve the remainder of that term of imprisonment. However, if you don’t comply with the terms of the good behaviour order, then there’s little alternative other than to send you back to prison for a period of time.

I certify that the preceding ten[10] numbered paragraphs are a true copy of the Reasons for Sentence of his Honour Justice Burns.
Associate:
Date: 29 January 2015