Site Logo

R v Hudson [2019] ACTSC 110

sentence — two counts of using carriage service in a way that reasonable persons would regard as being harassing towards another offences contrary to s 474.17(1) of Commonwealth Criminal Code — 5 counts of various state offences — 3 transferred summary state offences — Court also considered breach of good behaviour order for previous state offence — guilty plea — s16A(2)(g) — sentencing judge aware that different plea discount provisions apply to Territory and Commonwealth offences and that there is some controversy about whether utilitarian value of pleas should be considered in relation to Commonwealth offences — in this case, regardless of whether discount for Commonwealth offences is to be determined by reference to willingness to facilitate course of justice or utilitarian value, discount for all offences should be at the maximum 20% — there was significant utilitarian value to the pleas — objective seriousness — offender called outlaw motorcycle gang associates in aid, which would have considerably enhanced fear felt by victims — harassment count 1 of high objective seriousness extending over more than 2 months, involved repeated threats to kill pets, implied threats to victim’s new partner, threat to damage vehicle by arson — harassment count 2 of moderate objective seriousness — communications on two days and occurred in context of prior serious threats towards victim’s partner — rehabilitation — s 26A(2)(n) — sentencing judge sceptical about offender’s commitment to rehabilitation, but not prepared to dismiss the prospect — matter best assessed by parole authority when the time comes — sentence imposed 4 years’ and 2 months imprisonment with a 33 month non-parole period for Commonwealth and State offences
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.

© 2023 The National Judicial College of Australia (NJCA). Powered by

Privacy Policy|Terms and Conditions