R v Jukes [2008] NSWSC 126

New South Wales Supreme Court

CITATION : R v Jukes [2008] NSWSC 126

HEARING DATE(S) : 01/02/2008, 20/02/2008

JUDGMENT DATE : 29 February 2008

JUDGMENT OF : Hoeben J

DECISION : Sentenced to imprisonment for a period of 12 months to commence on 29 November 2007 and to expire on 28 November 2008 with a balance of term of 12 months to expire on 28 November 2009. The earliest date eligible for parole is 28 November 2008.

CATCHWORDS : CRIMINAL LAW - Breaches of s 12 good behaviour bond - break enter and steal offence, abusing amphetamines and failure to comply with directions of Probation and Parole Service - revocation of s 12 bond - special circumstances due to offender's pregnancy - sentence to include a period of imprisonment.

LEGISLATION CITED : Crimes (Sentencing Procedure) Act 1999

CATEGORY : Sentence

DPP v Burrow & Anor [2004] NSWSC 433 CASES CITED : DPP v Cooke & Anor [2007] 168 A Crim R 379 R v Buckman (1988) 47 SASR 303 at 304 R v Marston (1993) 60 SASR 320 at 322

PARTIES : Crown Lacy Lee Jukes - Offender

FILE NUMBER(S) : SC 2005/3574001

COUNSEL : Mr Patricia Adey - Crown Mr J Stratton SC - Offender

SOLICITORS : Solicitors for Public Prosecutions - Crown Solicitor for Legal Aid Commission of NSW - Offender

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

HOEBEN J

Friday 29 February 2008

2005/3574001 – REGINA v Lacy Lee JUKES

REMARKS ON SENTENCE 1 HIS HONOUR: On 24 August 2006 Lacy Lee Jukes (the offender) pleaded guilty to the manslaughter of Mack Tepeanapene Hati on 13 September 2003. The offender was initially charged with murder and spent 90 days in custody before being released on conditional bail. 2 On 13 October 2006 in accordance with s 12 of the Crimes (Sentencing Procedure) Act 1999 (the Act) the offender was sentenced to imprisonment for 2 years with a non-parole period of 12 months and a balance of term of 12 months. The non-parole period was to commence on 13 October 2006 and to expire on 12 October 2007. The balance of term was to expire on 12 October 2008. The sentence was wholly suspended for a period of 2 years on condition that the offender be of good behaviour for a period of 2 years and be liable to be called up for sentence at any time within that period for any breach of that condition. It was a further condition that within 48 hours the offender report to an officer of the Probation and Parole Service at Tamworth and accept the supervision and obey all reasonable directions of the officers of that Service for a period of 2 years, or for such lesser time as specified by the Service. 3 On 24 December 2006 the offender and her then partner broke into her maternal grandmother's house and stole a quantity of jewellery. She was charged with that offence in March 2007, pleaded guilty and was sentenced in the Tamworth Local Court on 21 November 2007. She was sentenced to imprisonment for 12 months with a non-parole period of 6 months, such sentence to be served by way of periodic detention. She has commenced serving that sentence. 4 There is before the Court a report from the Probation and Parole Service dated 6 December 2007. The effect of that report is that the offender has not complied with directions of officers of the Service to attend counselling to address her continued substance abuse and mental health issues (depression). The offender frankly admitted to officers of the Service and confirmed in her oral evidence that she has been abusing amphetamines since the death of Mack Hati. The break and enter offence was committed to finance her own and her then partner's addiction to amphetamines. 5 In her evidence the offender explained that she found attending counselling difficult because when she was aged 8 a counsellor had laughed at her complaints of sexual molestation. Thereafter she had found it almost impossible to confide in counsellors. The offender did attend a counselling session at the Tamworth Community Health Centre on 23 January 2008 but then failed to attend follow up sessions. The report of that attendance tends to confirm her evidence about having difficulty in attending counselling. 6 The offender said that she had ceased her relationship with her then partner shortly after the date of the break enter and steal offence and has not resumed contact with him. He is not the father of any of her children. 7 The offender was born on 11 November 1982 and is now 25. Her three oldest children are residing with an aunt and have done so since September 2003. She has the care of the two younger children aged 2 and 3. She is currently four and a half months pregnant. 8 The offender agreed that she had been moving around constantly since she entered into the good behaviour bond. She explained this by reference to bad relationships, the need to avoid previous partners who were likely to harm her and because she was experiencing problems with family and friends. No doubt her amphetamine abuse during the period would also provide an explanation. Significantly her mother was present in Court and remains fully supportive of her. 9 The offender said that she ceased using amphetamines about six months ago. Given the level of the offender's dependence on amphetamines, and her failure to address her addiction by participating in counselling and rehabilitation, I am not persuaded that she has overcome that problem. It is, of course, to be hoped that she has done so given her pregnancy. 10 It should be noted in the offender's favour that there has been something of a turnover in the officers from the Probation and Parole Service who have been in charge of her case (three in number) and this has not assisted the offender in building up a strong relationship with any of them. 11 Generally speaking the offender could offer no real explanation for her breaches of her obligations under s 12 of the Act other than her amphetamine addiction and her difficulties with attending counselling. Against that background I am not satisfied that I can give any weight to the offender's undertaking that if she were given another chance she would attend counselling as and when required by officers of the Probation and Parole Service.