1. At the time of committing the offence you were on bail and subject to an 18 month good behaviour order. This makes the offence of driving unlicenced more serious.

1. I now turn to the offences of assault occasioning actual bodily harm and assault.

1. At about 3am on 27 March 2022 you and your then 27 year old brother Stanley Connors drove to the home of Wendy Brookman, where she was holding a social gathering for her 40th birthday.

1. During the night there had been tension between some of those at the party. This was not explained to the Circle. It appears that you received a phone call from a cousin that prompted you and Stanley to attend, intent upon defending family members. You said you were angry and intoxicated at the time.

1. You and your brother got out of the car and approached a group of people on the street. You were armed with a large metal pole. Your brother was armed with a hunting knife.

1. Mr Pierce, then aged 56, approached you and your brother in an attempt to calm you down. Without provocation, you swung the metal pole and struck Mr Pierce in the head. He lost consciousness and fell to the ground. He was bleeding from the head and also suffered a cut to his lips, a cut above his left eye and bruising to his left eye. This was the assault occasioning actual bodily harm.

1. Allan Brookman came outside to check on the welfare of Mr Pierce. Your brother threatened him with a knife and you then struck Mr Brookman to the side of his head with the metal pole, knocking him to the ground. This was the second assault.

1. You and your brother Stanley returned to the car and drove away.

1. Children were amongst those who witnessed the assaults. What they saw must have been terrifying for them and all present.

1. You did not seek to excuse your conduct, though you did say that you felt 'pressured for some reason'. You said that what you did makes you feel sick and disgusted in yourself. You said you were deeply sorry. It is apparent that you are ashamed.

1. What you did was sickening. Both offences are serious. You used a metal pole as a weapon to strike the heads of both Mr Pierce and Mr Brookman. This is a vulnerable part of the body. You used significant force, knocking each man to the ground. In Mr Pierce's case, you knocked him unconscious, causing him to suffer injury to his head and face. The attack was unprovoked and you were in company with your brother. There were children present. Many will have to live with the memory of what you did.

1. As Aunty Roseanne Longford said to you in the conversation, 'you could have killed someone that night'. You are not to be sentenced for what could have happened, but it is important that you reflect on what might have come from your actions and commit to working to ensure that you never again inflict such violence on other people.

1. Wendy Brookman read a victim impact statement to the Circle on behalf of her father and husband. Mr Pierce and Mr Brookman had chosen not to make such statements in their own right. Section 49 of the Crimes (Sentencing) Act 2005 (ACT) enables a close family member of the victim to make a statement.

1. That statement, spoken into the Circle, powerfully conveyed the impact of your offending on Mr Pierce and Mr Brookman, as well as the impact on Wendy and her daughter who was witness to the assaults. That impact must be recognised and taken into account in your sentence today.

1. In so far as the victim impact statement, in written or oral form, details harm that goes beyond what could be characterised as actual bodily harm, that harm must be disregarded. This is to recognise the 'fundamental and important principle, that no-one should be punished for an offence for which [they have] not been convicted': The Queen v De Simoni [1981] HCA 31 [3]; 147 CLR 383, 387 (Gibbs CJ).

1. Nonetheless, it was important for those in the Circle, and particularly for you, to listen closely to the victim impact statement to get a full understanding of the consequences of what you did.

1. In speaking to the Circle, Wendy went beyond the written victim impact statement to explain that she had contacted you in the hope that you would express remorse and apologise to her father and husband. She said that 'you chose not to have remorse'; that 'you chose not to apologise'. She said that the 'last thing she wanted to do was to bring you to court'. She spoke directly to the Elders, calling for an end to the violence. She asked that you face the consequences of your actions. Today you will face those consequence and you will continue to face them for the period of the ICO.

1. In my observation, you listened closely whilst Wendy spoke. You did not turn away from the fear, or the pain and suffering that you caused. You did not turn away from the anger and emotion that was present in the Circle. For a young man, you showed great maturity.

1. Later in the conversation with Elders you spoke about your actions as 'disgusting'. You spoke of your initial refusal to admit your wrongdoing and apologise as 'pathetic'. You said 'I'm deeply sorry', acknowledging that you 'would have felt devastated' if you were in Wendy's shoes.

1. It is important to say to you that though your conduct on that day must be strongly denounced, this is not to denounce you as a person. You are much more than your actions on that day. The way you conducted yourself in the Circle is an indication of your potential.

1. I will come to what we know about you as a person, the challenges you faced as a child and the strength you are showing to walk a more positive path.

1. You pleaded guilty shortly before the commencement of your hearing. Although this was a late plea it did mean that the victims of your offences were not required to give evidence. I consider it appropriate that you receive a reduction of between five and ten percent on the sentences that would otherwise have been imposed.

1. Though they came late, your pleas of guilty are also consistent with the remorse and acceptance of responsibility you expressed in the Circle.

1. You are now 20 years old. At the time of the offences you had just turned 19. This is important because it means that particular emphasis must be given to rehabilitation, rather than general deterrence or retribution. A youthful offender should not be sent to an adult prison if it can be avoided: R v Mills [1998] VSC 241 [35]-[36]; 4 VR 235, 241-242; R v Curtis [2013] ACTSC 291 [20]-[24].

1. The pre-sentence reports provide little detail about your experience as a child and what it was like for you growing up. You spoke honestly and openly about that experience in the Circle. It is necessary for me to recount a little of what we learned from those reports and from what you said.

1. As a young child you were exposed to family violence perpetrated by your father against your mother. You said 'my father used to bash our mother and he was always addicted to drugs and alcohol'. Then at age 12, you and your two sisters, one younger and one older, were 'stolen' from your mother's care by your father and taken to Queensland from the Australian Capital Territory.

1. It took many months for you and your sisters to be returned to your mother's care.

1. Police involvement was required and your father was charged. You have had no contact with your father since this time.

1. After the police took you and your sisters from your father, you went to [redacted for legal reasons] for some time. You said this was hard because you and your sisters were separated from one another. You said that you used to get 'really emotional and upset' because of this separation, that you 'couldn't handle it' and thought that it was 'cruel'.

1. No child should have to experience the things that you and your sisters did. These experiences must have been traumatic for all of you.

1. You told the Elders that you had experienced racism during your schooling, being 'bullied and bashed on the bus' by white students because you were Aboriginal. You said your sisters would stick up for you. Your schooling was interrupted by your living circumstances, with your mother having to move between ACT Housing properties. You were suspended on a few occasions due to what you said was 'stubbornness'. Despite this, you completed year 10. You then left school in year 11 and worked as a casual labourer.

1. There is no doubt that childhood exposure to family violence, drug and alcohol abuse and separation from carers and loved ones can have a profound emotional and developmental impact: see, eg, Bugmy Bar Book, Childhood Exposure to Domestic and Family Violence (November 2019); Bugmy Bar Book, Early Exposure to Alcohol and Other Drug Abuse (November 2019); Bugmy Bar Book, Out-of-Home Care, (September 2021).

1. Your path to emotional and moral maturity is made more difficult by reason of these experiences.

1. Your experience of racism in the context of your schooling is also significant. The burden of racism, and racial violence, can, amongst other things, make it far more difficult to succeed in school, with lifelong implications: see, eg, Bugmy Bar Book, Interrupted School Attendance and Suspension (December 2019).

1. Your experiences of childhood disadvantage must be taken into account and given 'full weight' in considering the appropriate sentence to impose: Bugmy v The Queen [2013] HCA 37 [44]; [2013] HCA 37; 249 CLR 571, 595. This is because your experiences provide some explanation for your offending.

1. This does not excuse you, but it does provide a context which must be understood to properly assess your moral culpability as against a person who has had a 'normal' or 'advantaged' background: R v Millwood [2012] NSWCCA 2 [69]. It also reduces the weight to be given to punishment, denunciation and general deterrence, as compared to rehabilitation: R v Hagen [2022] ACTSC 362 [34]-[46]. This is particularly the case in circumstances where you have made significant progress towards rehabilitation and healing, changing the course of your life. I will turn to that progress now.

1. In December 2022 you commenced your engagement with the Worldview Foundation program. The Worldview Foundation delivers holistic life management programs and provides employment opportunities for Aboriginal and Torres Strait Islander people facing disadvantage. According to the Program Manager, Ciaran Keating, who provided a letter to the Court and spoke in the Circle, you have made extraordinary progress within three months. He says that 'he has been astounded by the positive changes that have occurred in [your] life'.

1. Your engagement and progress is well captured in the letter Ciaran wrote to the Court. In that letter he says:

Kinnara Connors has completed several construction vocational courses at the Canberra Institute of Technology, including working at heights, elevated work platform, first aid, and work health and safety. This was completed over a four-week period, during which he did not miss a single day. He also completed the Worldview Foundation's Breakthrough course, which includes workshops covering mindset, addiction, goal setting, employment, and culture. Additionally, he recently completed the Aboriginal Mental Health First Aid certificate and was an enthusiastic participant, supporting others during these courses.

In addition, Kinnara Connors has surrounded himself with a supportive network of friends and family who have provided him with the encouragement and guidance needed to stay on the right path. He has also established a stable living situation and is gainfully employed by Worldview Technologies as a Warehouse Assistant. He has been working there five days a week for two months now, allowing him to become self-sufficient and provide for himself.

We have also assisted Kinnara in regaining his provisional license by completing a drug and alcohol awareness course. He has saved and bought himself a vehicle, which now provides him reliable transport.

1. These are remarkable achievements. You spoke openly with the Elders about how your life has changed in the months since you commenced the program, working with other young Aboriginal men who have grown up with similar backgrounds 'on a path to do better'. You spoke of the changes to your mental health, of having had to step away from negative influences, including some members of your family and realise that 'violence is not the answer'.

1. It is clear that you have been particularly enjoying the cultural aspects of the program, and strengthening your connection to culture and Country. Ciaran told the Elders that from the beginning you formed a strong bond with one of the older Aboriginal mentors, Albert Barker. Albert was not able to come to the Circle to speak about the changes he has seen in you. However, Ciaran said Albert wanted you and the Circle to know that he believes in you and believes that you genuinely have a future of positive contribution to your community. Ciaran himself said that he sees in you a strong desire to turn your life around for your family, and those around you, becoming a source of strength for them and for the Aboriginal and Torres Strait Islander community.

1. Kinnara, I hope you were able to hear the positive things that were said about you and see the changes in yourself. It will no doubt take time for you to realise the positive future you are now walking towards, but it is clear that that journey has well and truly begun.

1. On 30 January 2023 your older brother Stanley Connors was sentenced for his part in the offending. He had pleaded guilty to a single charge of affray pursuant to s 35A Crimes Act 1900 (ACT), with a maximum penalty of 2 years imprisonment. He too entered a late plea of guilty. He was sentenced to 12 months imprisonment to be served as full-time imprisonment, down from 13 months on account of his plea. This sentence was imposed on an existing sentence of four years and five months so as to add seven months to his overall sentence.

1. Whilst like cases are to be treated alike, there are significant and important differences in the nature of your offending and your subjective circumstances. Of particular importance is your youth, the absence of any significant criminal history and your positive prospects of rehabilitation. These differences alter the weight to be given to competing sentencing purposes, justifying a degree of disparity, and an approach that prioritises rehabilitation and warrants the imposition of an ICO rather than full-time custody. Such an approach accords with the principle of equal justice: Lowe v The Queen [1984] HCA 46 [3]; [1984] HCA 46; 154 CLR 606, 609.

1. You offending was objectively more serious. You were the one who struck both men with the metal pole, causing actual bodily harm in the case of Mr Pierce. However, Stanley was 27 at the time, he was 6 weeks into a four year sentence of imprisonment, suspended upon his entry into a Drug and Alcohol Treatment Order. He had a long and significant criminal record and had spent substantial periods of his adult life in prison. He too had experienced significant childhood disadvantage. Sadly, unlike you, his prospects of rehabilitation at the time of sentence were not promising.

1. Your lawyer asked that you be sentenced to an ICO rather than a full-time custody. The prosecutor agreed that this would be an appropriate disposition, reflecting the objective seriousness of your offending but also recognising the importance of rehabilitation in your case.

1. Section 11(2) Crimes (Sentencing) Act 2005 (ACT) provides that where a sentence of imprisonment is imposed for not more than 2 years, the court may order that the sentence be served by ICO.

1. In considering whether to impose an ICO, it is necessary to have a realistic appreciation of the potential negative consequences, for you and for the community, of a term of imprisonment served in full-time custody: see, e.g., Bugmy Bar Book, Impacts of Imprisonment and Remand in Custody (November 2022). Imprisonment is often seriously detrimental for the person detained, particularly when they are young and have never served a sentence of imprisonment before: R v Dixon (1975) ACTR 13, 19-20. Opportunities and incentives for rehabilitation are limited and forced cohabitation with those convicted of criminal offences can operate as 'a catalyst for renewed criminal activity upon release': Boulton v R [2014] VSCA 342 [107]-[108]; 46 VR 308, 334.

1. In your case there is little doubt that to sentence you to a term of imprisonment to be served in full-time custody would bring to an end and potentially reverse the progress you have made towards rehabilitation.

1. This is not to say that an ICO will not operate punitively, bringing home to you the consequences of your offending for the two year period of your sentence. As previously stated, should you breach the conditions of your ICO or commit further offences, you may well have to serve part or all of your sentence in full-time custody. The best way to ensure that this does not happen is for you to remain committed to the path you have now chosen to walk, drawing upon the significant supports that are available to you.

1. In sentencing you today, I am required to consider the purposes of sentencing set out in section 7 of the Crimes (Sentencing) Act 2005 (ACT).

1. You must be adequately punished in a way that is just and appropriate. This requires consideration of the nature of your offending, the harm you caused and your moral culpability, which is reduced by reason of your history of childhood disadvantage.

1. Your sentence must deter you and others from resorting to violence and it must recognise the harm that you caused.

1. Your conduct in assaulting Mr Pierce and Mr Brookman must also be denounced. It is important that you understand that I am not denouncing you as a person. You are responsible for your offending, but it does not define you.

1. Finally, the sentence imposed must be designed to promote your rehabilitation and protect the community. Though these purposes can conflict, ultimately, as stated by French CJ in Hogan v Hinch [2011] HCA 4 [32]; 243 CLR 506, 536-7 'Rehabilitation, if it can be achieved, is likely to be the most durable guarantor of community protection and is clearly in the public interest'.

1. Finally, because I must impose two sentences for closely related offences, it is necessary for me to ensure the total sentence I impose reflects the overall criminality of your offending. That sentence must also 'hold out a proper measure of hope for, and encouragement to, rehabilitation and reform': Postiglione v R [1997] HCA 26; 189 CLR 295, 341.

a) On the charge of assault occasioning actual bodily harm committed on 27 March 2022 (CC 3482/2022) you are convicted and sentenced to 18 months imprisonment, reduced from 20 months on account of your plea of guilty, from 24 March 2023 to 23 September 2024.

b) On the charge of assault committed on 27 March 2022 (CC 6916/2022) you are convicted and sentenced to 12 months imprisonment, reduced from 13 months on account of your plea of guilty, from 24 March 2024 to 23 March 2025.

1. The total term of imprisonment of 2 years, from 24 March 2023 to 23 March 2025, is suspended immediately upon you entering into an Intensive Correction Order.

d) On the charge of unlicensed driving committed on 30 August 2022 (CC 8801/2022) you are convicted and sentenced to a Good Behaviour Order of 3 months with core conditions only.

e) On the breach of your good behaviour order (CC 1952/2022), I find the breach proved and take no further action. The good behaviour order relating to that conviction will continue to run until 12 April 2024.

I certify that the preceding seventy-four [74] numbered paragraphs are a true copy of the Reasons for Decision of his Honour Special Magistrate Hopkins sitting with the Elders of the Galambany Court.