DPP v Coulter [2024] ACTSC 262

• 22 year old Aboriginal man with childhood marked by disruption and dysfunction – consistently exposed to substance abuse, family violence, and neglect – risk of becoming institutionalised – importance of extended period of supervision upon release from custody – imposed sentence of 3 years 2 months imprisonment, suspended after 14 months with conditions including engaging with Aboriginal rehabilitation services

[76] The offender has engaged in serious offending since becoming an adult and is consequently familiar with the custodial environment. Ms Edwige recorded that the offender is comfortable in the custodial environment because of the predictability and routine it provides. There is a risk I think, of him becoming institutionalised. This view fits with the offender’s concerns about his current capacity to comply with the strict regime of supervision that accompanies an Intensive Correction Order (ICO) such that it would “set him up to fail”. It is of concern that such a young man would feel more certain of his prospects of success in a custodial environment than he would with significant supports in the community.

[77] Rehabilitation is a pursuit in both the offender and the community’s interests, it being the most durable guarantor of community protection: Hogan v Hinch [2011] HCA 47; 243 CLR 506 at [32].

…

[86] …The effect on the offender of incarceration in an adult prison at this stage in his life is likely to hinder rather than enhance his capacity for rehabilitation. This includes the risk that the environment, as well as the anti-social attitudes it houses, will become normalised.

…

[101] There is a compelling basis upon which to conclude that an extended period of supervision would provide the offender with the best opportunity to pursue rehabilitation in the community. This will be the longest period the offender has ever spent in full-time custody and his release back into the community, given the predictability of prison life, may be a difficult experience requiring significant support over an extended period.