Director of Public Prosecutions v Downs - [2025] ACTSC 481

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:	DPP v Downs
Citation:	[2025] ACTSC 481
Hearing Date:	23 September 2025
Decision Date:	24 October 2025
Before:	McWilliam J
Decision:	Offender convicted and sentenced to a total effective term of imprisonment for one year, four months and one day, to be suspended from 1 March 2026 upon the offender undertaking to comply with good behaviour obligations.
Catchwords:	CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – family violence offences – breaches of family violence order – breaches of suspended sentence
Legislation Cited:	Crimes (Sentence Administration) Act 2005 (ACT) ss 85, 86, 110(2) Crimes (Sentencing) Act 2005 (ACT) ss 7, 10, 13(4)(g), 33, 35, 36 Crimes Act 1900 (ACT) s 26(1) Family Violence Act 2016 (ACT) s 43(2)
Cases Cited:	Bukulaptji v The Queen [2009] NTCCA 7; 24 NTLR 210 Dawson v The Queen [2019] ACTCA 9 DPP v Brymer [2025] ACTSC 430 DPP v Jewell [2023] ACTSC 348 DPP v Rohrlach (No 2) [2025] ACTSC 192 DPP v Stewart [2023] ACTSC 252 Monfries v The Queen [2014] ACTCA 46; 19 ACTLR 99 MT v The Queen [2021] ACTCA 26; 17 ACTLR 22 R v Beniamini (No 2) [2017] ACTSC 32 R v Bennett [2017] ACTSC 104 R v Campbell [2010] ACTCA 20 R v Curtis (No 2) [2016] ACTSC 34 R v Forrest (No 2) [2017] ACTSC 83 The Queen v PM (No 2) [2015] ACTSC 358 Thorn v Laidlaw [2005] ACTCA 49
Parties:	Director of Public Prosecutions Trent William Downs ( Offender)
Representation:	Counsel A Hill (ACT DPP) J McGuire ( Offender)
Solicitors ACT Director of Public Prosecutions Paul Edmonds & Associates ( Offender)
File Numbers:	SCC 380 of 2024 SCC 381 of 2024 SCC 87 of 2025

McWILLIAM J:

Offences for sentence

1․Trent William Downs (offender) is before the court having pleaded guilty to five offences of contravening a family violence order (FVO), contrary to s 43(2) of the Family Violence Act 2016 (ACT) (FV Act).
2․The dates on which the offences occurred are as follows:
(a)CAN 11884/2023 (First Offence): 24 November 2023;
(b)CAN 12393/2023 (Second Offence): 4 December 2023;
(c)CAN 12394/2023 (Third Offence): 4 December 2023;
(d)CAN 1566/2024 (Fourth Offence): 15 December 2023 and 31 January 2024; and
(e)CAN 3828/2025 (Fifth Offence): 23 March 2024.

3․The maximum penalty for each offence is a fine of $80,000, a term of imprisonment for five years, or both.
4․In addition to those five charges, the offender has requested that two further charges be taken into account (collectively, the Scheduled offences):
(a)CAN 6028/2024 use unregistered / suspended vehicle; and
(b)CAN 6029/2024 use uninsured vehicle on road or road related area.

5․The Scheduled offences attach to the Fifth Offence of contravening a family violence order as the principal offence.
6․Upon conviction for the offences, the offender will also be in breach of two suspended sentences that were…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2025] ACTSC 481
Decision Date: 24 October 2025

CaseChat Overview and Summary

The case of Director of Public Prosecutions v Downs was heard in the Supreme Court of New South Wales. Downs was charged with multiple offences, including breaches of a family violence order and breaches of a suspended sentence. The case required the court to determine the appropriate sentence for Downs, given the seriousness of the offences and the need to balance the interests of justice with the potential for rehabilitation.

The primary legal issue before the court was to decide the appropriate sentence for Downs, who had a history of family violence offences and had breached both a family violence order and a suspended sentence. The court had to consider the principles of sentencing, including the need for deterrence, protection of the community, and the rehabilitation of the offender. The court also had to consider the impact of the offences on the victims and the need to ensure that the sentence reflected the seriousness of the breaches.

The court found that Downs's history of family violence and his breaches of both a family violence order and a suspended sentence were serious aggravating factors. However, the court also considered the mitigating factors, such as Downs's early guilty plea and his potential for rehabilitation. The court ultimately decided that the appropriate sentence was a total effective term of imprisonment for one year, four months and one day. This sentence was to be suspended from 1 March 2026, subject to Downs complying with good behaviour obligations.

In summary, the court found Downs guilty of the charges and sentenced him to a total effective term of imprisonment for one year, four months and one day, to be suspended from 1 March 2026 upon the offender undertaking to comply with good behaviour obligations. The court's decision balanced the need for deterrence and protection of the community with the potential for rehabilitation, and took into account both the aggravating and mitigating factors in the case.

Orders

Orders of the court

Offender convicted and sentenced to a total effective term of imprisonment for one year, four months and one day, to be suspended from 1 March 2026 upon the offender undertaking to comply with good behaviour obligations.

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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