CRIMINAL LAW - JURISDICTION, PRACTICE AND PROCEDURE - Judgment and Punishment - Sentence - assault occasioning actual bodily harm - common assault - damaging property

Crimes (Sentencing) Act 2005 (ACT) ss 6, 7 and 33

SCC 100 of 2018; SCC 102 of 2018; SCC 103 of 2018

1. On 14 November 2018, the offender pleaded guilty to assaulting Ms Kera Anglem and causing her actual bodily harm. The maximum penalty for this offence is five years' imprisonment.

2. He is also to be dealt with for two charges of minor property damage which each carry a maximum penalty of two years' imprisonment or a fine of $7,500 or both. He pleaded guilty to these offences in the Magistrates Court on 1 May 2018.

3. The offender was born in 1987. He had been in a relationship with the victim for 12 years. They separated towards the end of 2017. Their relationship produced a child, LW, who is now aged seven. On 15 December 2017, there was an argument between the offender and the complainant about some visitation arrangements.

4. The offender came to the complainant's house at about 9:50 pm. He wanted to see his child, and also two other children of the complainant. He was concerned about the persons then present in the house. He forced open the garage roller door. He dislodged the door from its track. This is the subject of one of the property damage offences.

5. The offender then went to the front door and kicked the metal security door. He made a hole in the metal scrollwork at the bottom of the door. This is the subject of the second property damage charge.

6. The offender entered the house and assaulted the complainant with a baton which he had brought with him. He hit her on her arms and on the back of the head. She suffered bruising and lacerations.

7. The offender has a significant criminal record. Most importantly, the record includes a contravention of a Domestic Violence Order against the same complainant. This was in 2013.

8. The offender has been in custody for these offences for 209 days. Any sentence of imprisonment needs to be backdated to 17 May 2018.

9. The offender grew up in difficult circumstances. He was cared for by his mother but lacked proper support because she worked and had a drug problem. The offender himself has a long-standing alcohol and drug problem which seems to have increased after a separation in his relationship.

10. While in custody he has completed a drug and alcohol awareness program and has commenced an anger management course.

11. Domestic violence is an appalling crime. It offends the most basic norms of society. Sentencing in domestic violence matters must include considerations of both specific and general deterrence. In addition, the principles and objects of sentencing, as set out in ss 6 and 7 of the Crimes (Sentencing) Act 2005 (ACT) must be considered, as must the requirements in s 33.

12. There are also positive signs of rehabilitation. If the letters tendered on the offender's behalf are sincere, and I have no reason to believe they are not, the offender is now in a stable relationship, has ongoing accommodation and employment where his contribution is valued (Exhibit 1).

13. In addition, Exhibit 1 includes an email from the complainant stating that she has "moved on" and is anxious for the offender to attend her daughter's graduation on 20 December 2018. Expressions of reconciliation by victims of domestic violence are often a regrettable reflection of the dominance of the abuser. However, in this case, primarily because the offender is in a new relationship, I am prepared to accept the sincerity of the victim's request.

14. The offender is entitled to have his pleas of guilty taken into account. I think a discount of about 20% is appropriate. The offences are all a product of the same incident. I think the sentences should be concurrent. Clearly the sentence of most importance is that for the assault.

(a) In relation to Count 1, assault occasioning actual bodily harm (CC 2018/1430), the offender is sentenced to 12 months' imprisonment (reduced from 15 months for the plea of guilty) commencing on 17 May 2018 and ending on 16 May 2019.

(b) In relation to the offence of damaging property (CC 2018/4970), the offender is sentenced to one month imprisonment commencing on 17 May 2018 and ending on 16 June 2018.

(c) In relation to the offence of damaging property (CC 2018/4971), the offender is sentenced to one month imprisonment commencing on 17 May 2018 and ending on 16 June 2018.

(d) The term of imprisonment for Count 1 is suspended with effect from 17 December 2018 on condition that the offender enter a Good Behaviour Order for a period of 18 months and accept the supervision ACT Corrective Services or its delegate for a period of 18 months or such lesser period as deemed appropriate and to undertake anger management programs as directed by ACT Corrective Services or its delegate.

I certify that the preceding fifteen [15] numbered paragraphs are a true copy of the Reasons for Sentence of his Honour Justice Elkaim.