KP pleaded guilty to the charge of ‘Assault occasioning actual bodily harm’, contrary to section 59(2) of the Crimes Act 1900. This offence carries a maximum penalty of 7 years imprisonment with no standard non-parole period. She also has a matter on a Form 1 which is a charge of ‘Larceny’, contrary to section 117 of the Crimes Act 1900, which carries a maximum penalty of 5 years.
Ultimately, His Honour imposed a Community Correction Order (CCO) for a period of 2 years with additional conditions namely, that KP participate in a treatment program at the direction of Community Corrections for alcohol and drug problems for the term of the order and that she remains at Healing House residential rehabilitation until the completion of the program.
KP breached her CCO when she was fined and convicted for possessing a prohibited drug. Her matter was called up by the same Judge who has sentenced her to CCO. James Castillo represented KP in her breach matter. His Honour adjourned the matter on numerous occasions to allow KP to get a bed placement at a residential rehabilitation, noting that KP’s options were limited, either to enter a residential rehabilitation program, or to be re-sentenced to a term of imprisonment. James referred and assisted KP to get an acceptance to a residential rehabilitation program to address her drug and mental health issues.
Upon acceptance to a residential rehabilitation, His Honour re-sentenced KP for the breach by revoking the CCO in place, and imposing a new CCO for 12 months with the additional conditions namely, that KP enter a detoxification program and upon completion, that she enters and remains at a residential rehabilitation until the completion of the program.