Event and Time
Event Description
- Date of original offense: 26 May 2015
- Sentencing date: 13 June 2017
- Initial offense: Aggravated burglary, criminal damage, committing an indictable offense while on bail.
- Sentence imposed: 12 months imprisonment + 2-year Community Corrections Order (CCO), commencing 4 June 2018.
Application and Claims
- Current proceedings: Contravention of Community Corrections Order.
- Contravention status: Admitted by Mr. McAteer.
- Legal obligation: Consider Mr. McAteer's compliance with the CCO as per s.83AS(2) of the Sentencing Act.
- Summary report: Details mixed compliance with the CCO since it began post-imprisonment.
Judicial Decisions
- Noted Mr. McAteer's initial engagement was positive, later deteriorated due to various factors, including changes in supervision and personal circumstances.
- The proposed decision is to confirm the CCO rather than impose further custodial sentencing, reflecting an acknowledgment of his efforts at rehabilitation.
Dispute Points and Legal Basis
Dispute Points
- Mr. McAteer's Argument:
- Admitted to the breach, showed some compliance in the initial period of the CCO. - Established a business and gained access to his children, motivating him to avoid further trouble. - Changes in corrections officers impacted his performance on the order.
- Prosecution View:
- Asserted multiple breaches occurred since the commencement of the CCO with possible non-compliance. - Stressed the importance of upholding the CCO for deterrence and rehabilitation.