A COVID-infected, axe-wielding burglar has been released from jail with a judge being persuaded the offender on Tuesday "is a far cry from the man who committed the offences" after the case was remitted to her for re-sentencing.
In September 2021, Jayke Steven John Fleury was intoxicated and alone in his Watson unit, on an upper level, where he was required to quarantine after testing positive to COVID, court documents state.
He threw an object onto the courtyard below, prompting his neighbour to come out to ask him who was going to clean the mess.
The offender, in his 30s, responded with "I have brothers" in a threatening manner.
Shortly after, Fleury armed himself with an axe then confronted the neighbour, who used a baseball bat to block the swinging axe.
The victim managed to break free of the struggle before fleeing the property. Fleury used the axe to destroy property inside that unit.
When police arrived, he was highly agitated but surrendered after extensive negotiations.
Five months prior, Fleury was intoxicated and abusive when he threw a cigarette lighter at a police officer, striking him in the eye and causing it to bleed.
Police had attended his residence after reports he was behaving erratically.
While he was living in a Gungahlin unit in July 2019, police executed a search warrant there and found about one kilogram of cannabis, which had a street value of up to $20,492 depending on how it was sold.
He had pleaded guilty to a raft of charges, including aggravated burglary, using an offensive weapon likely to cause grievous bodily harm, trafficking cannabis and assault occasioning actual bodily harm.
In May, Fleury was sentenced to three years and nine months' jail, backdated to September 2021 when he was taken into custody, with a non-parole period of 23 months.
For the COVID-related offence - failing to comply with a public health direction - he was fined $400 with no time to pay.
Fleury fronted the ACT Supreme Court on Tuesday after the Court of Appeal remitted the case to associate Justice Verity McWilliam for re-sentencing following the offender's successful appeal.
The reasons in the appeal judgment have not yet been published, but the parties agreed the only issue determined by the Court of Appeal was the failure to exercise jurisdiction, which arose from the unavailability of a place in the ACT Drug and Alcohol Sentencing List at the time of the sentencing.
The appeal court held that nothing in the Crimes Sentencing Act 2005 precluded the Supreme Court from making a drug and alcohol treatment order if appropriate.
The court on Tuesday heard that an updated and "more expansive" pre-sentence report on October 7 outlined Fleury's positive behaviour and achievements while in jail.
"There are a number of certificates and references by personnel at the AMC indicating that the offender has in general behaved in an exemplary manner," associate Justice McWilliam said.
Other positive steps by Fleury included engaging in trauma counselling, being employed in "positions of trust", mentoring others, maintaining a minimum security rating, and attaining "an enhanced status on the incentives and earned privileges scheme".
"These matters are all worthy of commendation," the judge said.
Associate Justice McWilliam re-sentenced Fleury to a jail term, starting on Tuesday, of the same length as the original but now fully suspended.
The judge imposed a two-year drug and alcohol treatment order with a good behaviour order to follow that treatment order until the suspended jail term ends.
The offender, who was also referred to the restorative justice process, now has 18 months to pay the COVID-related fine.
The judge reminded Fleury about the steps he has taken so far to turn his life around.
"The drug and alcohol treatment order is hard work. Put in that work and I can see that there is success lying ahead of you," associate Justice McWilliam said
Fleury's case returns to court on Friday in relation to the treatment order.
