DPP v Sims

1. This matter comes before the Court for the purposes of a review in circumstances where the participant has experienced ongoing health issues during the course of his drug and alcohol treatment order (treatment order). I am satisfied in those circumstances that it is in the interests of justice to conduct a review of the treatment order: s 80ZH Crimes (Sentencing) Act 2005 (ACT).

2. The participant was sentenced on 29 February 2024 for offences committed in June 2022 that involved violence: DPP v Sims [2024] ACTSC 49. A total term of 30 months imprisonment was imposed, with treatment and supervision for a period of 18 months. That is, Mr Sims was to be subject to treatment and supervision until 28 August 2025, and thereafter, subject to a good behaviour order until 20 August 2026.

3. Throughout the order, the participant has remained committed and engaged with the treatment team and with his progress towards rehabilitation, albeit there have been occasional setbacks. Nonetheless, he has maintained an intention to fully rehabilitate. At this point, his living situation has stabilised, and he is in a stable relationship. His most recent urinalysis returned a negative result and there have been no allegations of further offending during the course of the treatment order.

4. Otherwise, throughout the treatment order, the participant has experienced ongoing physical health conditions, and the most recent investigations have found these to be chronic. As a result of his health, it has been difficult for the participant to engage with the onerous expectations of the treatment order.

5. On his behalf, it is sought that the treatment order be amended such that he moves to the good behaviour part of the order. This would have him commence on that part of the order some two months early. He would continue to be supervised by Community Corrections, but would not be expected to engage with the requirements of a treatment order while undergoing treatment for his health conditions. He would continue to have the deterrent effect of the suspended term of imprisonment.

6. The prosecution does not oppose the amendment that is sought, and I consider it appropriate to grant the application. This recognises that the participant has ongoing health issues, but that otherwise he has made significant progress with his rehabilitation throughout the treatment and supervision part of the order. He is to be regarded as having achieved non-graduate completion of the treatment order. Orders

7. For those reasons, the following orders are made: (1) A review of the treatment order dated 29 February 2024 and amended on 28 January 2025 is conducted pursuant to s 80ZH of the Crimes (Sentencing) Act 2005 (ACT). (2) I amend condition 6 of the treatment order dated 29 February 2024 and amended on 28 January 2025 as follows: (a) Under s 80ZA of the Crimes (Sentencing) Act 2005 (ACT), Jack James Sims be required to sign an undertaking to comply with the offender’s Good Behaviour obligations under s 85 of the Crimes (Sentence Administration) Act 2005 (ACT) from the day after the end of the Treatment and Supervision Part of the Drug and Alcohol Treatment Order, 27 June 2025, until the end of the total sentence, 20 August 2026, with a probation condition that he accept supervision by the Commissioner of ACT Corrective Services or his delegate for the period of the undertaking or such lesser period as the person supervising him considers appropriate and obey all reasonable directions of the person supervising him including as to alcohol and drug testing, counselling and treatment. (3) Delete conditions (7) and (8) of the treatment order dated 29 February 2024 and amended on 28 January 2025 as to residence and curfew under the direction of the Treatment and Supervision Team.

I certify that the preceding seven [7] numbered paragraphs are a true copy of the Reasons for Judgment of her Honour Acting Justice Christensen. Associate: Date: 14 July 2025