Craig Joseph Stevens v Adam John Notley
[2008] ACTSC 114
•1 October 2008
CRAIG JOSEPH STEVENS v ADAM JOHN NOTLEY
[2008] ACTSC 114 (1 October 2008)
EX TEMPORE JUDGMENT
ON APPEAL FROM THE MAGISTRATES COURT
No. SCA 59 of 2007
Judge: Higgins CJ
Supreme Court of the ACT
Date: 1 October 2008
IN THE SUPREME COURT OF THE )
) No. SCA 59 of 2007
AUSTRALIAN CAPITAL TERRITORY )
ON APPEAL FROM THE MAGISTRATES COURT
BETWEEN:CRAIG JOSEPH STEVENS
Appellant
AND:ADAM JOHN NOTLEY
Respondent
ORDER
Judge: Higgins CJ
Date: 1 October 2008
Place: Canberra
THE COURT ORDERS THAT:
The appeal be upheld to the following extent.
The convictions and sentences as imposed on the drive while disqualified (CC07/3925), drive with level 3 (CC07/3922) and drive in a way dangerous (CC07/3927) be confirmed.
The offender be released after having served 50 days, and the balance of the sentence be suspended upon a good behaviour order for 18 months from 20 August 2007 on terms that the offender be subject to supervision on probation, obey all reasonable directions for a period of 18 months from that date, including programs for treatment and counselling for illicit drug use and/or alcohol use, provide blood or urine for drug or alcohol screening as directed by the Chief Executive. The offender is directed to perform, as directed, 100 hours of community service.
The licence cancellation be confirmed, and date for 2 years from 20 August 2007.
On the basis of the fresh material put before the Court, it does seem fair to comment that Mr Stevens’ position has materially altered since he was sentenced by the learned Magistrate. On the material that was before the learned Magistrate, there is no doubt that the sentence which he imposed was well within range and, indeed, appropriate.
Since being released from gaol on 20 August 2007, Mr Stevens has taken the opportunity, while on bail conditions, to not only accept supervision but positively turn his life around. He now seems to realise that alcohol and he do not mix. He has maintained employment and seems to have not been of any concern to authorities in any way in the meantime. Indeed, the reports upon him annexed to his affidavit are quite positive.
As I say, that new material does enable the Court to reassess the situation and to structure a sentence differently from that which was imposed by Magistrate Burns. In saying that, as I indicated, I do not disagree with any of the individual sentences his Honour imposed and, in particular, the sentences of imprisonment were well merited by the offender’s conduct. In the light of the new material, it seems to me the sentences imposed should be varied in the following manner.
First of all, the convictions and sentences as imposed on the drive while disqualified (CC07/3925), drive with level 3 (CC07/3922) and drive in a way dangerous (CC07/3927) are confirmed, but I direct that the offender be released after having served 50 days, and the balance of the sentence be suspended. That will be on terms that the previously cancelled good behaviour order be imposed, and the terms on which Magistrate Burns imposed it, namely that it be for 18 months but from 20 August 2007, be subject to the conditions which Magistrate Burns would have and did impose, that is, subject to supervision on probation; obey all reasonable directions for a period of 18 months from that date, including programs for treatment and counselling for illicit drug use and/or alcohol use; to provide blood or urine for drug or alcohol screening as directed by the Chief Executive, that is a slight variation from what is there imposed.
In addition to that, he is directed to perform, as directed, 100 hours of community service. I will not impose a direct condition that he abstain from alcohol, but it should be obvious that if he does not abstain from alcohol he is likely to be back in before some court somewhere for something. His licence cancellation on the other matters is confirmed, but will date for 2 years from 20 August 2007.
I note that the previous service of the 50 days was from 2 July to 20 August 2007.
Mr Stevens is directed to report forthwith, upon entering into those various amended orders, to Corrective Services at Eclipse House to arrange ongoing supervision.
I certify that the preceding 7 (seven) numbered paragraphs are a true copy of the Reasons for Judgment herein of his Honour, Chief Justice Higgins.
Associate:
Date: 1 October 2008
Counsel for the Appellant: Mr S Gill
Solicitor for the Appellant: Mark Fleming Criminal Lawyers
Counsel for the Respondent: Ms K Mackenzie
Solicitor for the Respondent: Director of Public Prosecutions for the ACT
Date of hearing: 1 October 2008
Date of judgment: 1 October 2008
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