Amos v McCarron (No 2)

Case [2017] ACTSC 46


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

Amos v McCarron (No 2)

Citation:

[2017] ACTSC 46

Hearing Date:

9 February 2017

DecisionDate:

15 February 2017

Before:

Refshauge J

Decision:

1.    The convictions entered on 17 October 2013 of Adam Amos as a repeat offender driving whilst disqualified on 19 October 2012 and 28 December 2012 be confirmed.

2.    The cancellation on 17 October 2013 of the Good Behaviour Orders made on 15 December 2011 be confirmed.

3.    Adam Amos be re-sentenced for the offence of trafficking in heroin on 2 January 2011 to nine months imprisonment to commence on 20 December 2016.

4.    Adam Amos be re-sentenced for the offence of driving on 25 May 2011 with more than the prescribed concentration of alcohol to three months imprisonment to commence on 20 December 2016.

5.    Adam Amos be sentenced to two months imprisonment for the offence of driving while disqualified as a repeat offender on 19 October 2012 to commence on 20 August 2017.

6.    Adam Amos be sentenced to three months imprisonment for the offence of driving whilst disqualified as a repeat offender on 28 December 2012 to commence on 20 September 2017.

7.    The sentence be suspended from 15 February 2017 for two years.

8.    Adam Amos be required to sign an undertaking to comply with the offender’s Good Behaviour Obligations under the Crimes (Sentence Administration) Act 2005 (ACT) for a period of two years with a probation condition that he be under the supervision of the Director-General or her delegate for 12 months, or such lesser period as the person supervising him considers to be appropriate, and obey all reasonable directions of that person.

9.    Adam Amos be required to report by 4:00 pm today, 15 February 2017, to ACT Corrective Services, Level 1, 249 London Circuit, Canberra City, ACT for the purposes of arranging probation supervision.

10. It be declared that, under s 32(5) of the Road Transport (Driver Licensing) Act 1999 (ACT), Adam Amos’ automatic disqualification from holding or obtaining a licence in respect of the offence of driving whilst disqualified as a repeat offender on 19 October 2012 commenced on 17 October 2013 and ended on 16 October 2015, and for the offence of driving whilst disqualified as a repeat offender on 28 December 2012 commenced on 17 October 2013 and ended on 16 October 2015.

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and punishment – appeal against sentence imposed by Magistrates Court upheld – re-sentence – driving with a prescribed concentration of alcohol – drink driving – special driver – driving whilst disqualified – repeat offender – breach of Good Behaviour Orders – disqualification from holding or obtaining a licence – delay in sentencing – self reform – rehabilitation relevant to sentencing – general deterrence – suspended sentence

Legislation Cited:

Crimes (Sentence Administration) Act 2005 (ACT), s 110
Crimes (Sentencing) Act 2005 (ACT), ss 7, 27, 33
Magistrates Court Act 1930 (ACT), ss 216, 216(1)
Road Transport…

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AGLC
Amos v McCarron (No 2) [2017] ACTSC 46
Case
[2017] ACTSC 46
Decision Date

CaseChat Overview and Summary

Amos v McCarron (No 2) was a case heard by the Supreme Court of the Australian Capital Territory, where the appellant, Adam Amos, contested the sentences imposed by the Magistrates Court. Amos was convicted of driving while disqualified as a repeat offender, driving with more than the prescribed concentration of alcohol, and trafficking in heroin. Amos appealed the sentences, arguing that they were excessive and did not take into account his rehabilitation efforts and self-reform.

The court had to determine whether the sentences imposed by the Magistrates Court were appropriate, considering the nature of the offences, Amos’s history as a repeat offender, and the principles of general deterrence and specific deterrence. The court also needed to consider the delay in sentencing and the impact on Amos’s rehabilitation and reform efforts. Another issue was whether the cancellation of the Good Behaviour Orders was justified.

The court found that while the Magistrates Court had considered relevant factors, it had not adequately balanced them. The court held that the sentences were excessive and did not appropriately reflect Amos’s efforts at rehabilitation and self-reform. The court also found that the delay in sentencing had negatively impacted Amos’s ability to demonstrate his reform efforts. The court confirmed Amos’s convictions but varied the sentences to better reflect the circumstances of the case. The court also considered the need for general deterrence and the impact of Amos’s actions on the community.

The court ordered that Amos’s convictions be confirmed but varied the sentences to reflect his rehabilitation efforts and the principles of sentencing. The sentences were adjusted to reflect the appropriate balance between general deterrence, specific deterrence, and Amos’s reform efforts. The court also declared the period of Amos’s disqualification from holding or obtaining a licence.

Orders

Orders of the court

1. The convictions entered on 17 October 2013 of Adam Amos as a repeat offender driving whilst disqualified on 19 October 2012 and 28 December 2012 be confirmed.

2. The cancellation on 17 October 2013 of the Good Behaviour Orders made on 15 December 2011 be confirmed.

3. Adam Amos be re-sentenced for the offence of trafficking in heroin on 2 January 2011 to nine months imprisonment to commence on 20 December 2016.

4. Adam Amos be re-sentenced for the offence of driving on 25 May 2011 with more than the prescribed concentration of alcohol to three months imprisonment to commence on 20 December 2016.

5. Adam Amos be sentenced to two months imprisonment for the offence of driving while disqualified as a repeat offender on 19 October 2012 to commence on 20 August 2017.

6. Adam Amos be sentenced to three months imprisonment for the offence of driving whilst disqualified as a repeat offender on 28 December 2012 to commence on 20 September 2017.

7. The sentence be suspended from 15 February 2017 for two years.

8. Adam Amos be required to sign an undertaking to comply with the offender’s Good Behaviour Obligations under the Crimes (Sentence Administration) Act 2005 (ACT) for a period of two years with a probation condition that he be under the supervision of the Director-General or her delegate for 12 months, or such lesser period as the person supervising him considers to be appropriate, and obey all reasonable directions of that person.

9. Adam Amos be required to report by 4:00 pm today, 15 February 2017, to ACT Corrective Services, Level 1, 249 London Circuit, Canberra City, ACT for the purposes of arranging probation supervision.

10. It be declared that, under s 32(5) of the Road Transport (Driver Licensing) Act 1999 (ACT), Adam Amos’ automatic disqualification from holding or obtaining a licence in respect of the offence of driving whilst disqualified as a repeat offender on 19 October 2012 commenced on 17 October 2013 and ended on 16 October 2015, and for the offence of driving whilst disqualified as a repeat offender on 28 December 2012 commenced on 17 October 2013 and ended on 16 October 2015.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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