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R v Green [2021] ACTSC 13

The offender was sentenced following a plea of guilty to 1 count of using a carriage service to menace/harass/offend offence contrary to s 474.17(1) of the Commonwealth Criminal Code. Additional state offences.  

Nature and Circumstances: Offender sent complainant 10 separate text messages that were bizarre and threatening. Messages were sent against background of serious assault, unlawful confinement and threats to kill the complainant. The complainant took the threats very seriously. This was a serious offence of its type.  

Mental Condition: Offender has major recurring depressive disorder, associated with moderate symptoms, and a substance use disorder in partial remission. Offender has used drugs to self-medicate for mental health conditions. Offender’s depressive symptoms had no significant bearing on the offending conduct.  

Family and Dependents: Offender lived with elderly disabled mother, to whom they were a full-time carer. Since arrest, offenders daughters have moved to live with their mother and friends are doing their best to care for the offender’s elderly mother.  

Rehabilitation: Offender’s minimal involvement in the criminal justice system for a lengthy period preceding the offences and offender’s apparent capacity and motivation to address mental health and drug problems suggest reasonably good prospects of rehabilitation.  

Only appropriate sentences are sentences of imprisonment.  

Offender sentenced to 4 years’ imprisonment with a 20 month non-parole period. Requirement of recognisance release order dispensed with as offender will be serving Territory sentence immediately following expiry of Commonwealth sentence.    
The CSD acknowledges Aboriginal and Torres Strait Islander peoples as First Australians and recognises their culture, history, diversity and their deep connection to the land. We acknowledge that we are on the land of the traditional owners and pay respects to Elders past and present.

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