A judge has criticised ACT corrections for an "annoyingly frustrating" failure to explain an offender's mental health problems to the court.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
The problem was encountered during the sentencing of Sabian Roux, 37, who attempted to burgle the Knightsbridge bar in Braddon, and broke in to secure storage cages beneath the Vista apartments in Franklin.
To properly sentence Roux, like the majority of offenders, the court needed to know whether there were mental health problems it should consider.
A court duty report, prepared by ACT Corrective Services in preparation for the sentencing, made vague mention of a mental health problem, but failed to properly explain what it was, or how it may have been connected with the offending.
Justice Richard Refshauge on Monday described that failing as "annoyingly frustrating", "inexplicable", and a "quite regrettable deficiency".
A forensic mental health report was subsequently ordered to explain the mental health history, but the court was still unable to be sure whether it referred to the same issues identified in the court duty report.
Roux was sentenced to 39 months in prison on Monday, to serve a minimum of 18 months.
He has been in custody since August last year, and will be eligible for parole in February.
The court heard that Roux was caught trying to break in to the Knightsbridge bar mid-last year.
An employee heard banging on a window and called out to frighten the person off, but the banging became louder.
Police were called and arrived to find Roux in a shed. He had a torch, tools, and gloves on him.
He was released on bail but continued to commit offences, the court heard.
Roux broke into a car in an underground car park, stole number plates from another, and took a Mazda van.
He was found in the van by police in Mitchell, and, when approached, said he was waiting for a friend and had no petrol.
Roux later drove off and was chased by police.
Stolen property was found in the van, as were stolen number plates. Roux was also unlicensed.
The court heard he had an excellent work ethic previously, excelling in sales, but lost his job after a personality clash, and lost confidence and became depressed.
He became homeless and resorted to crime to supplement welfare, the court heard.