Director of Public Prosecutions v Bennett (No 2)
[2025] ACTSC 78
•11 March 2025
SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | DPP v Bennett (No 2) |
Citation: | [2025] ACTSC 78 |
Hearing Date: | 11 March 2025 |
Decision Date: | 11 March 2025 |
Before: | Christensen AJ |
Decision: | See [7] |
Catchwords: | CRIMINAL LAW – DRUG AND ALCOHOL SENTENCING LIST – Review – objects of order achieved – rehabilitation achieved – early graduation from treatment order – lengthy period of abstinence – family – skateboarding – ballet – order amended |
Legislation Cited: | Crimes (Sentencing) Act 2005 (ACT) ss 80O, 80ZA, 80ZH |
Cases Cited: | DPP v Bennett (Supreme Court of the Australian Capital Territory, Refshauge AJ, 10 October 2023) |
Parties: | Director of Public Prosecutions ( Crown) David Bennett ( Participant) |
Representation: | Counsel G Meikle ( Crown) C Duffy ( Participant) |
| Solicitors ACT Director of Public Prosecutions Legal Aid ACT ( Participant) | |
File Number: | SCC 165, 166 of 2023 |
CHRISTENSEN AJ:
Introduction
1․David Bennett was sentenced in the Drug and Alcohol Sentencing List on 10 October 2023: DPP v Bennett (Supreme Court of the Australian Capital Territory, Refshauge AJ, 10 October 2023) (DPP v Bennet (unreported)). He was sentenced for physical violence offences that occurred in April 2023.
2․The total sentence imposed was one of 42 months imprisonment. Mr Bennett had spent over five months in custody on remand prior to the sentence and he was released from custody to the drug and alcohol treatment order (treatment order), to be followed by a good behaviour order. He has not returned to custody since that time.
3․Mr Bennett immediately demonstrated his remorse and shame for his offending, with an early plea of guilty. He has gone on to demonstrate the remorse and insight he has for his offending behaviour with a commitment to rehabilitation from both substance use and violent behaviour. It is progress with rehabilitation that has led to a restoration of trust within his family unit.
4․Mr Bennett has achieved his rehabilitation goals, and those of the Drug and Alcohol Sentencing list treatment team (treatment team) in respect to his rehabilitation. As of March 2025, the treatment team have recommended that Mr Bennett be graduated from the treatment and supervision part of the treatment order. This means that Mr Bennett is graduating from his treatment order some seven months early, which is a credit to him and reflects his significant and solid progress with rehabilitation.
5․Having regard to the position of the treatment team, I am satisfied, pursuant to s 80ZH of the Crimes (Sentencing) Act 2005 (ACT) (Sentencing Act) that it is in the interests of justice to review the treatment order. On Mr Bennett’s behalf, it is sought that the order made on 10 October 2023, last amended 20 August 2024, be further amended, such that Mr Bennett progresses to the next stage of the sentence of imprisonment suspended under the custodial part of the order. The prosecution supports the application.
6․The Court agrees that such a progression is appropriate. Mr Bennett has achieved the objects of the treatment order provided by s 80O of the Sentencing Act, including as to alcohol and drug recovery and promotion of community safety.
Orders
7․For those reasons, the following orders are made:
(1)A review of the drug and alcohol treatment order made on 10 October 2023 and last amended 20 August 2024 is conducted pursuant to s 80ZH(1) of the Crimes (Sentencing) Act 2005 (ACT).
(2)Order 9 of the orders made on 10 October 2023 and last amended 20 August 2024 be amended to read as follows:
“The Treatment and Supervision Part of the Drug and Alcohol Treatment Order be from 10 October 2023 until today, 11 March 2025.”
(3)Order 11 of the orders made on 10 October 2023 and last amended 20 August 2024 be amended to read as follows:
“Under s 80ZA of the Crimes (Sentencing) Act 2005 (ACT), the offender be required to sign an undertaking to comply with the offender’s Good Behaviour obligations under s 85 of the Crimes (Sentence Administration) Act 2005 (ACT) from the day after the end of the Treatment and Supervision Part of the Drug and Alcohol Treatment Order, 12 March 2025, until the end of the total sentence, 29 October 2026, with a probation condition that he accept supervision by the Commissioner of ACT Corrective Services or his delegate for the period of the undertaking or such lesser period as the person supervising him considers appropriate and obey all reasonable directions of the person supervising him including as to alcohol and drug testing, counselling and treatment.”
| I certify that the preceding seven [7] numbered paragraphs are a true copy of the Reasons for Judgment of her Honour Acting Justice Christensen Associate: Date: |
Remarks to participant on graduation
David, we now move to celebrate your graduation from the treatment and supervision part of your drug and alcohol treatment order.
It is an opportunity to celebrate the hard work you have done since October 2023, when your treatment order commenced. It is an opportunity to honour what you have achieved in meeting the expectations of the treatment team, of the Court, and of the community. It is also an opportunity for reflection as to the journey of rehabilitation that you have undertaken.
Your journey of rehabilitation is one that has taken place on the lands, amongst the waterways, and under the sky of the Traditional Custodians of this Country. I acknowledge this, and I pay my respect to the Elders past and present.
I also take this opportunity to acknowledge, and to thank, the members of the treatment team – the previous members and the present members – and all who have supported David in his rehabilitation.
Those who have supported David includes his partner, and his children, who have been welcome attendees during David’s Court attendances. We have particularly enjoyed welcoming your youngest daughter who was born during your journey of rehabilitation. The strength that your family has given you to achieve rehabilitation has been evident, and it has been apparent that your desire to be a better father and partner has been, and will continue to be, a motivation to you.
During the order, family members were described as being proud of you for your progress, and I expect that they are particularly proud to see you progress so far that you are graduating from the order early.
To be doing so reflects a remarkable achievement. You commenced the use of substances at an early age, and have struggled throughout your life with maintaining abstinence from substances. You began your rehabilitation journey while in custody, engaging in the Solaris therapeutic program and in counselling. Once in the community, you have engaged with and completed programs and counselling not only in relation to alcohol and drug recovery, but also in relation to behavioural change.
It has been my privilege to witness a part of your rehabilitation, and to work with you to support you in your journey. You have consistently done what the Court has asked of you, although there was one occasion when you lapsed and that caused you to again feel shame. However, this lapse came to be a valuable lesson for you as to what you had to lose, and you demonstrated resilience and strength in re-committing to your rehabilitation.
At the time of your sentencing, you were described as someone who was a valued member of your church community. You were described by fellow church members as having a “heart of gold” and being someone who would do anything for anyone.
You have shown what you will do for others, particularly your family, in committing to your sobriety. You have been able to enjoy family gatherings and church events, go fishing, go skateboarding with you children, attend ballet lessons with your daughter, and repair family relationships. I expect you have particularly enjoyed the PlayStation 5 that your mother got you as a birthday present.
At the start of this journey, one of your goals was to “finish drug court”. You have done that David, and indeed, more. You have developed a stable, solid home life. You describe your relationship with your partner as the best it has ever been. You have become the partner and father you had wanted to be, and achieved other goals of “being trustworthy” and being a respectable part of your community.
At the original sentence hearing, his Honour Refshauge AJ observed “much of the cause of [your] offending has been [your] intoxication with drugs and alcohol” and “for [you] to rehabilitate is likely to be the best and surest protection for the community”: DPP v Bennet (unreported) 12. His Honour observed that “the court is going to allow you the privilege of not serving any further time of imprisonment and being in the community, as long as you are committed to a life that is drug-free and crime-free”: DPP v Bennet (unreported) 17.
It gives me immense pleasure to see that you are at the end of your rehabilitation journey before the Court. The person before the Court today is someone who embraced the privilege of a treatment order and has made the commitment that was asked of you. Community protection has been realised in the way that it was hoped.
David, well done. We wish you and your family well for the future.
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