R v Peadon [2015] ACTSC 132

Crimes Act 1900 (ACT) ss 20, 26

1. David James Peadon, you have entered pleas of guilty to two offences of burglary and one offence of recklessly inflicting grievous bodily harm. The maximum penalty for each of the offences of burglary contrary to s 311 of the Criminal Code 2002 (ACT) is 14 years' imprisonment, a fine of $210,000.00 or both. The maximum penalty for the offence of recklessly inflicting grievous bodily harm contrary to s 20 of the Crimes Act 1900 (ACT) is 13 years' imprisonment. I note that you have also entered a plea of guilty in the Magistrate's Court to two offences of common assault, contrary to s 26 of the Crimes Act 1900, the maximum penalty for which is two years' imprisonment.

2. An Agreed Statement of Facts has been put before the Court and I will not recite those facts in full now. Suffice to say that, on two occasions on the one evening, albeit that it extended over two days, being 21 and 22 October 2014, you attended the residence of your former partner and entered into the house and assaulted your former partner and her boyfriend. On the first occasion you were at the premises, you entered through a window and engaged in a physical confrontation with your former partner's boyfriend. This constitutes one of the common assault charges. You then left the premises. On the second occasion you attended the premises, you had a knife in your hand, although I hasten to say that you did not take the knife with you to the premises; rather, after entering the premises, you picked up the knife from the kitchen and you entered into a struggle with the victim whilst you had the knife in your hand. In order to protect himself, the victim placed his hand on the blade of the knife, and as a result suffered serious injury to his hand. This constitutes the offence of recklessly inflicting grievous bodily harm. I note, however, that there has been no evidence of any ongoing effects to the victim as a consequence of the injury that he sustained on that night.

3. It has been submitted to me that I should really deal with these two separate incidents as being effectively the one incident, or the one ongoing offence. Some five and a half hours passed between the end of the first entry by yourself into the premises and your second entry into the premises. In my opinion, I cannot deal with both events as effectively being the one event. However, I do accept that there are common elements to both of the events and the charges arising out of them, which makes it appropriate to have a significant degree of concurrency with respect to sentences imposed for those matters.

4. The Crown has rightly pointed to the fact that these offences are family violence offences and as such must be treated very seriously by this Court. This community views with great abhorrence the infliction of violence by people in family relationships.

5. It is also a significant factor calling for greater punishment that these events occurred in one of the victim's own home; a place where she should be entitled to feel safe. I note also that there were children present in the home at the time that these incidents occurred, although there is no evidence that they witnessed any of these events, or that that has had any impact upon them. There was, of course, always a potential for that to occur.

6. I take into account your pleas of guilty with respect to these offences and I will reduce by approximately 25 per cent the sentences that I would otherwise have imposed in order to mark your pleas. I accept that your pleas demonstrate a degree of remorse for what you did and they also have significant utilitarian value. In particular, it means that the victims do not have to give evidence in these proceedings.

7. There is evidence before me that, since being remanded in custody last year, you have voluntarily undertaken programs for anger management and also alcohol abuse whilst in the Alexander Maconochie Centre. You have indicated in evidence before me today that you are willing to continue undertaking programs of that nature. You have also professed a desire to refrain from alcohol abuse. It seems likely to me that alcohol abuse has been a significant factor in all of your offending, in particular the offences that you are before the Court today. To the extent that you are able to address your alcohol abuse, then I am satisfied that there is a corresponding reduction in any risk that you may pose of further offending.

8. In the evidence that you gave before me today, you expressed remorse for your actions and also concern for your victims. I have no reason to reject that as being anything other than genuine. I note that you have stable employment and also strong family support, both of which are important considerations when considering your prospects for rehabilitation. I am satisfied that you have reasonable prospects for rehabilitation, particularly if you avoid the consumption of alcohol.

9. I accept that you have used the time that you have been in custody in a positive way; both by undertaking those programs to which I have referred, and also by giving some considerable thought to how you can avoid this type of situation in the future. I note that you have made appropriate arrangements with your parents for them to have ongoing contact with your former partner so that you do not need to have such contact in order to facilitate contact with your children. I accept also that the time you have spent in custody has resulted in significant financial effect upon your business, which has also had a financial effect upon your children.

10. I am grateful to the parties for drawing my attention to the authorities which have been provided to me today. I note that they provide general instruction as to the type of sentences that have been imposed in the past with respect to this type of offence. However, it cannot be suggested that any of the previous cases that have been placed before me are entirely comparable with this matter. It has been accepted, and I think rightly accepted, by your counsel that the appropriate sentences for these offences are terms of imprisonment, the question being how those terms are to be served.

11. I have determined to impose terms of imprisonment with respect to the two offences of burglary and the one offence of recklessly inflicting grievous bodily harm. To some extent, those sentences will be consecutive, but to a great extent, they will be concurrent. I will impose the period commencing from the 22 October 2014, which is the date you were taken into custody, and expiring on the 13 May 2015, that is yesterday, to be served by way of full-time imprisonment. Then there will be a further period of periodic detention for a period of eight months from today, in addition to which there will be certain portions of the sentences suspended with good behaviour orders.

12. On the first burglary charge (CC14/10450), you will be convicted and sentenced to 12 months' imprisonment, which I have reduced from 16 months, commencing on 22 October 2014 and expiring on the 21 October 2015, of which, the period commencing 22 October 2014 and expiring on the 13 May 2015 is to be served by way of full-time imprisonment, with the balance suspended. There will also be a Good Behaviour Order, which I will come to below.

13. On the second burglary charge (CC14/11961), you are convicted and sentenced to 16 months' imprisonment, which I have reduced from 20 months in order to mark your plea of guilty, which will commence today and will expire on 13 September 2016, of which 8 months, commencing today, is to be served by way of periodic detention, with the balance suspended and again there will be a Good Behaviour Order, which I will come to below.

14. With respect to the charge of recklessly inflicting grievous bodily harm (CC14/10454), you will be convicted and sentenced to 15 months' imprisonment, commencing 14 January 2016 and expiring on the 13 April 2017. That sentence will be wholly suspended upon entering into a Good Behaviour Order.

15. The good behaviour orders I have imposed with respect to each of those matters will each be for a period of three years commencing today with conditions:

(a) first, that you are to accept the supervision of ACT Corrective Services for that period of three years, or such lesser period as deemed appropriate by your supervising officer;

(b) secondly, you are to report to ACT Corrective Services within a period of 48 hours;

(c) thirdly, you are to obey all reasonable directions of officers of ACT Corrective Services for that period of three years or such lesser period as deemed appropriate by your supervising officer, including undertaking such assessments and participating in such programs, counselling or treatment as directed by ACT Corrective Services.

16. With respect to each of the charges of common assault (CC14/10451; CC14/10452), you will be convicted and in each matter you will be sentenced to seven days' imprisonment commencing on 22 October 2014.

17. Effectively, the period from 22 October 2014 to 13 May 2015 was to be served by way of full-time imprisonment. You are now liable to serve a further eight months of periodic detention together with effectively suspended sentences of imprisonment that take you through to the 13 April 2017. There will be good behaviour orders and the terms which I have just indicated.

18. If you comply with the terms of the good behaviour orders and if you complete the periodic detention as directed, then that means you will not be required to return to full-time imprisonment. However, if you do not comply with the terms of the good behaviour order and you do not complete the periodic detention as required, then you should expect to return to full-time imprisonment.

I certify that the preceding eighteen [18] numbered paragraphs are a true copy of the Reasons for Sentence of his Honour Justice Burns.