Director of Public Prosecutions v Flynn
[2025] ACTSC 23
•10 February 2025
SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | DPP v Flynn |
Citation: | [2025] ACTSC 23 |
Hearing Date: | 4 February 2025 |
Decision Date: | 10 February 2025 |
Before: | Christensen AJ |
Decision: | See [65] |
Catchwords: | CRIMINAL LAW – DRUG AND ALCOHOL SENTENCING LIST – Judgment and Punishment – Sentence – aggravated burglary offences – targeting of licensed club venues – whether drug and alcohol treatment order appropriate and suitable – previous non-compliance with community based orders – application of Bugmy, Verdins, Henry principles – offender demonstrates a depth of remorse and insight to the impacts of offending – drug and alcohol treatment order imposed |
Legislation Cited: | Criminal Code 2002 (ACT) s 312, 318, 321 |
Cases Cited: | DPP v Vincent (No 2) [2023] ACTSC 379 |
Parties: | Director of Public Prosecutions ( Crown) Bradley Mark Flynn ( Offender) |
Representation: | Counsel E Bayliss ( DPP) E Wallis ( Offender) |
| Solicitors ACT Director of Public Prosecutions Legal Aid ACT ( Offender) | |
File Numbers: | SCC 205, 221 of 2023 |
CHRISTENSEN AJ:
Introduction
1․Bradley Flynn is to be sentenced for a number of serious aggravated burglary offences that he committed in March 2023. The offences were committed contrary to s 312(a) Criminal Code 2002 (ACT) (Criminal Code) and carry a maximum penalty of 20 years imprisonment, 2000 penalty units, or both. Mr Flynn seeks that the inevitable terms of imprisonment to be imposed are served by way of a drug and alcohol treatment order (treatment order): s 12A Crimes (Sentencing) Act 2005 (ACT) (Sentencing Act).
2․Mr Flynn is someone with a history of serious offending and non-compliance with community based orders, and he has complex support needs. The prosecution raises whether the terms of imprisonment to be imposed are such that Mr Flynn is eligible for a treatment order, and otherwise do appropriately caution as to the suitability of a treatment order to support Mr Flynn’s rehabilitation needs.
3․ACT Community Corrections find Mr Flynn not suitable for a treatment order, with reference to his history of non-compliance with community based orders. ACT Health Services find Mr Flynn suitable for a treatment order and have identified a therapeutically recommended alcohol and drug recovery program to support his rehabilitation.
4․As will become apparent, I am satisfied that, despite the stern sentences warranted for the offending, with an appropriate application of the totality principle, Mr Flynn is eligible for a treatment order. Such an order is also an appropriate and suitable one for him, with it capable of providing the necessary supports and being a mechanism that is likely to support Mr Flynn’s rehabilitation and fulfill the sentencing purpose of community protection.
3 March 2023 offending: Southern Cross Club (CAN 2023/4154)
5․On 3 March 2023 at about 5:09am, a white Mitsubishi ute pulled up to the Southern Cross Club in Jamison and parked on a footpath. This, and the offending that followed, was captured on closed circuit television (CCTV) footage.
6․At about 5:11am, Mr Flynn and another male forced entry to the club by breaking a glass door. Mr Flynn was wearing a jumper, track pants, gloves, a cap, and a blue surgical mask. They then crawled through the broken glass door one-by-one and headed directly to the gaming area. The break-in did not set off any alarms.
7․Mr Flynn and the other male went to the club’s Cash Redemption Terminal (CRT) and began to smash it with various tools, including a hammer and chisel. They came to pick up the top frame of the terminal and carried it out of the club and put it in the Ute, but Mr Flynn is not charged in respect to any theft of property from the club, or damage to the CRT.
8․Two days later, Mr Flynn engaged in a message exchange with the other male which, I infer, the prosecution relies upon as relevant to establish Mr Flynn’s role in the offending.
9․Mr Flynn is responsible for the conduct in entering the club with intention to commit theft. It is an aggravated form of the offence, accounting for the maximum penalty, as the offence was committed in company with another person. The other male is yet to have his matter finalised before the courts.
10․The entry involved causing significant damage which is an aggravating feature of this type of offending. The extent of damage is apparent in photographs included in the material, but the cost to repair the damage to the door is not known.
11․The entry was to a licensed premises. While the time of entry reduced the prospect of encountering, and causing fear, to any staff or customers, any offending of this type carries such a possibility. Fortunately, there were no persons present at the time of entry. Staff who arrived for work at about 7am observed the broken door and contacted police.
12․Significant impacts were caused to the club, with the Venue Manager describing in a victim impact statement the negative financial impact and that staff have been left feeling uneasy while at work.
13․The offending has aspects of sophistication, having regard to the inevitable planning involved, the disguise worn, and the bringing of implements. However, the facts do not provide whether the implements were used in the entry.
19 March 2023 offending: Belconnen Labor Club (CAN 2023/4157)
14․On 19 March 2023 at about 4:46am, CCTV captured a black Audi hatchback reverse into a driveway next to the Belconnen Labor Club. A male person got out of the front passenger door and approached the club. He inserted an object into the door frame near to the locking mechanism. He then opened and entered the club. He was followed by Mr Flynn, who exited from the driver’s side door of the car. Mr Flynn was wearing a jacket, trousers, a cap, and had a grey shirt tied around his head covering his face.
15․He approached the club’s CRT and started working on the machine with tools. He pulled out several containers and left the area. At about 4:59am, the other male approached the front doors again, kicked out the bottom glass panel, and climbed through the broken pane. Mr Flynn followed, carrying out cash draws. The other male is a co-accused whose matter is yet to be finalised before the courts.
16․In respect to this incident, Mr Flynn is charged only with unlawful entry, being a burglary with an intention to commit theft, and one aggravated by being in company with the other male. The offending again involved aspects of sophistication, having regard to the clothing worn, and the involvement of implements. On this occasion, Mr Flynn’s co-accused used an implement to effect entry. There was damage caused in the entry, with the facts providing that the damage to the CRT and the front door totalled $2,515.00. Mr Flynn is not charged in respect to the CRT.
17․Irrespective of the charges, Mr Flynn’s offending conduct had significant impacts, as described in a victim impact statement provided by the Chief Operating Officer of the Canberra Labor Club. The statement describes the impacts on staff being left feeling nervous, particularly those working late shifts. The entries caused significant disruption to the club’s operations, inclusive of the damage caused, and staff diverted away from core business functions.
18․The Chief Operating Officer describes the vital role that clubs play in the community, providing a safe and welcoming environment for members. The offending by Mr Flynn undermines that environment, for both staff and members of such clubs.
29 March 2023 offending: Burns Club (CAN 2023/4172; CAN 2023/4171)
19․The offending that occurred on 29 March 2023 involves an offence of aggravated burglary to the Burns Club and a minor theft committed while inside that club. The offence of minor theft is contrary to s 321 of the Criminal Code and carries a maximum penalty of 6 months imprisonment, 50 penalty units, or both (CAN 2023/4171).
20․In addition, three offences are to be taken into account pursuant to pt 4.4 of the Sentencing Act. I will take these into account in accordance with DPP v Vincent (No 2) [2023] ACTSC 379 at [64] per Mossop J. As submitted by the prosecution, the scheduled offences have the effect of elevating the importance of specific deterrence and punishment when sentencing for the principal offence.
21․The offences to be taken into account in this manner involve two offences of aggravated burglary (Ginninderra Labor Club: CAN2023/4162, Weston Creek Labor Club: CAN2023/4166), and an offence of ride/drive motor vehicle without consent contrary to
s 318 of the Criminal Code and carrying a maximum penalty of 5 years imprisonment, 500 penalty units, or both (CAN 2023/4169).22․The offending on this date commenced at about 5:02am when a black Audi hatchback was captured on CCTV driving through the northside laneway adjacent to the Ginninderra Labor Club. The car parked in the laneway. At about 5:06am, two people got out of the car and forcibly entered the club by breaking a side window. Mr Flynn was one of these people. He was wearing a hooded jumper, trackpants, gloves, and a black balaclava. The other person’s identity is unknown.
23․Mr Flynn and the other person went towards a cash machine, but found it empty. They then went to the bar area. Mr Flynn searched the cupboard, and the other male grabbed a bottle of alcohol from the back bar. No charges are to be dealt with, or to be taken into account, in relation to this.
24․The other person then smashed a poker machine with an axe, before returning to the bar with a bag and filling it up with bottles of alcohol. Again, no charges relate to this conduct.
25․At about 5:10am, Mr Flynn broke the glass panel on the door to the change box and let himself in. He was followed by the other person. They ransacked the room, but left the room empty-handed. They then left the club at about 5:12am, having spent some 6 minutes inside.
26․The next offending conduct to be taken into account involves an entry to the Weston Creek Labor Club at about 5:46am on this same morning. Mr Flynn and another person arrived at the club at that time in a black Audi hatchback. Mr Flynn and another person, who is unidentified, forcibly entered the club by prying open the terrace doors at about 5:48am. Mr Flynn was wearing a jumper, track pants, gloves, tape around the forehead, and a black balaclava.
27․An attempt was made to gain access to the CRT, but they left the club after about five minutes. The unidentified person was carrying a De’Longhi coffee machine, but no charge relates to this conduct.
28․Next, Mr Flynn had a role in riding or driving in a motor vehicle that was stolen from a home in Fisher from about 6:15am the same morning. The vehicle was stolen after an unknown person or persons broke into the victim’s home and took a key. The vehicle, being a maroon Honda Odyssey, was then driven away from the house. The black Audi hatchback associated with Mr Flynn was later observed nearby to the victim’s house.
29․As the prosecution submitted, the seriousness of this ride/drive motor vehicle offence is low in circumstances where it is unknown whether the offender rode or drove and the length of time he was in the vehicle. It was though an offence that had a serious impact on the owner of the vehicle, who describes in a victim impact statement the financial and psychological effect of the offending. While this impact arises partially from the taking of the vehicle, which Mr Flynn is not criminally responsible for, Mr Flynn has a responsibility for the inconvenience caused by the loss of the vehicle, the feeling of violation, and the lasting feelings of vulnerability and insecurity that the victim describes.
30․This vehicle was used in the next aggravated burglary that is the subject of an indicted charge. At about 6:36am, CCTV captured this vehicle crashing into the front doors of the Burns Club in Kambah. Two people got out of the car and ran into the club. Mr Flynn got out from the driver’s side. He was wearing a hooded jumper, track pants, gloves, and a black balaclava. The other person has not been identified.
31․Inside of the club, Mr Flynn and the unidentified person encountered a technician who was working on the poker machines in the club and who ran out to investigate the noise. One of the offenders yelled at the man “give us money”, while threatening to hit him. They both ran off once it was realised the victim did not have access to any cash. No force was applied to the victim.
32․On their way out, the offenders stolen the victim’s tool bag, a Makita drill, and a poker machine master key. The tools were worth about $300.00. It cost about $25,000.00 to rekey the poker machines. This conduct amounts to the minor theft charge. It is a serious example of this form of offence given the circumstances in which the theft occurred. The nature of the items taken will have caused significant inconvenience for the victim, as well as financial loss.
33․Mr Flynn and the unidentified person exited the way they came in and drove away in the stolen Honda Odyssey. They had been in the club for a period of about two minutes. The damage to the front doors cost about $5,000.00 to repair.
34․The entry to the Burns Club involved causing damage, done with an intention to commit theft. It has the aggravating feature of involving another person, and has again aspects of sophistication. The financial implications from the damage caused on entry is not insignificant, and will have caused inconvenience. The manner in which the damage and entry occurred warrants particular deterrence.
35․A victim impact statement provided on behalf of the club highlights this. It speaks of the offending having “real life consequences”, with the premises unsecured for weeks as a result of the damage to the front door. Additional security required in that time was not a recoverable financial loss, nor is the increased insurance premiums. The victim impact statement also speaks of the human impacts of the offending, with staff who were present at the time significantly effected with what the statement describes as “lifelong emotional damage”.
36․After this series of offences, police conducted investigations which included forensic examinations that linked Mr Flynn to the offending.
37․On 6 April 2023, a vehicle registered to Mr Flynn was seen by police parked at the Gungahlin Lakes Club. At about 12:35am, Mr Flynn was seen leaving the club and he was arrested. He was searched and amongst the items in his possession was an Audi car key. At about 2:10am that morning, police executed a search warrant at Mr Flynn’s home. Items of clothing relevant to the investigation were located. Mr Flynn was later unarrested while police continued their investigations.
38․On 19 May 2023, Mr Flynn was arrested in New South Wales. On 22 May 2023, ACT police were granted an application to extradite him to the ACT. Further police investigations linked clothing items in Mr Flynn’s possession to what he was wearing during the offending.
Pre-sentence custody
39․Mr Flynn has remained in custody in relation to these charges since 22 May 2023, being a total of 631 days (20 months, 20 days). While in custody, Mr Flynn has served a sentence for an unrelated matter (from 22 May 2023 to 11 July 2023) and has served a period in custody following the cancellation of a parole order (from 12 September 2024 to 8 February 2025). In total, he has spent 430 days (12 July 2023 to 11 September 2024; 9 and 10 February 2025) in custody solely in relation to these charges.
Pleas of guilty
40․Mr Flynn entered pleas of guilty at what is a relatively late stage. They were entered after a pre-trial hearing, but before a trial listing, and arose as a result of negotiations between the parties. A not insignificant utilitarian value nonetheless does remain. I consider a reduction in the order of 15 per cent, with rounding as necessary, to be appropriate.
Totality principle
41․A number of factors are informative in the application of the totality principle in this matter, with reference to the principles as provided by Mill v The Queen (1988) 166 CLR 59. Firstly, the offending occurred within a short period of time, all in March of 2023. While distinct premises, and victims, are involved, there is a form of association to the offending. Secondly, Mr Flynn has been in custody now for a continuous period since May 2023. While this entire period is not solely attributable to the offending that occurred here, it is relevant that he has had the deterrent effect of being in custody for what is now a lengthy period.
Subjective circumstances
42․Mr Flynn is almost 36 years of age, and was aged 34 years at the time of the offending. He was born and raised in Canberra, and is of Ngunnawal cultural heritage on his father’s side. He has six half siblings and maintains a positive relationship with his mother. He has an adolescent daughter.
43․Mr Flynn had a turbulent upbringing, one that is such that the prosecution does not oppose a finding that the principles from Bugmy v The Queen [2013] HCA 37; 249 CLR 571 (Bugmy) are enlivened. I am satisfied that they are, and that Mr Flynn’s moral culpability is reduced as a result. While unnecessary to detail the reasons for that finding in the circumstances, I do observe that it was an upbringing that included experiences of trauma, [redacted]. Rather than receiving the benefit of a secure and stable family unit that guided him away from offending behaviour, Mr Flynn experienced the opposite.
44․Within that environment, Mr Flynn was exposed at an early age to substance use, commencing with use of cannabis at 11 years. In addition, a psychiatrist who has prepared a report on behalf of Mr Flynn, finds that “genetically it is likely that he has inherited some risk for substance use problems”.
45․The psychiatrist report also finds Mr Flynn to have complex post-traumatic stress disorder (PTSD). On his behalf, it was submitted that limbs one to four of R v Verdins [2007] VSCA 102; 16 VR 269 (Verdins) at [32] are enlivened. The psychiatrist considers:
[I]t reasonable to infer that his complex PTSD also made a significant causal contribution to the commission of the offences: but for the presence of the difficulties with emotional regulation that are part and parcel of his complex PTSD, it would have been much less likely that he would have relapsed into heavy substance use and hence much less likely that he would have offended.
46․The psychiatrist also opines that delivery of treatment for Mr Flynn in a custodial setting “essentially misses the point”, with it necessary for Mr Flynn to be in a community context if he is to ever escape his cycle of substance use and reoffending.
47․The prosecution, appropriately, do not submit against a finding that the principles from R v Henry [1999] NSWCCA 111; 46 NSWLR 346 (Henry) at [409]-[410] and [273] are enlivened. Similarly, the prosecution does not submit against an application of principles from Verdins, although it is cautioned to avoid ‘double counting’ in the application of the principles from Verdins, Henry, and Bugmy.
48․It is against this background of childhood disadvantage, early substance use, and traumatic incidents leading to complex PTSD, that Mr Flynn has developed an entrenched drug dependency as an adult, with use of methamphetamine and heroin. While he did achieve a period of abstinence prior to the offending, he lapsed in circumstances of negative events that occurred and unaddressed trauma. He used methamphetamine in March 2023, leading to the offending. No issue is taken that Mr Flynn’s substance dependency substantially contributed to the offending.
49․Within the context of his entrenched drug dependency, Mr Flynn has an extensive criminal history in the ACT, New South Wales, and Queensland. This history includes offences of aggravated robbery, aggravated burglary, driving, and property offences. It also includes a sentence for offending such that Mr Flynn was on parole at the time of the offences the subject of sentence. The parole order was due to expire in April 2023, shortly after the commission of these offences. This is an aggravating feature on sentence.
50․Mr Flynn has spent a considerable portion of his life incarcerated, and therefore has had limited opportunities for employment. I accept the submission on his behalf that institutionalisation is an impediment to achieving rehabilitation.
51․Having regard to this criminal history, which includes multiple breaches of community based orders including parole, ACT Community Corrections find Mr Flynn not suitable for a treatment order. I accept that such a poor history of compliance warrants careful consideration in determining whether an offender is suitable for a treatment order. But it must also be borne in mind that an extensive criminal history, and a history of non-compliance with community based orders, is indicative that something different needs to be tried if rehabilitation, and ultimately community protection, are to be achieved.
52․In 2023, Mr Flynn experienced the loss of family members who were important to him. This circumstance, and his period in custody, have motivated him to change the trajectory of his life. He has goals to be employed, to be there for his family, and to be a “normal, valued member of the community”. He has a desire to, in the future, support vulnerable young people.
53․Mr Flynn gave evidence at the sentence hearing and read to the court a letter he had prepared expressing his intentions to change. He expresses insight into the traumas and circumstances that have led to his substance use and offending, and expresses his commitment to be out of gaol, “out of the system”, to work hard, and give “1000 per cent” if given the “chance” of a treatment order. He says, quite accurately, “[i]f I’m always judged on my past how can I prove myself if not given the opportunity”.
54․One of Mr Flynn’s motivations to rehabilitate is to be there for his sister and her children. His sister has provided a letter of support for her brother, which speaks of her observations of his regrets and the change in his attitude. Mr Flynn’s sister has outlined the support she can provide to him when he is in the community, including with employment.
55․Mr Flynn demonstrates a depth of remorse and insight to the impacts of his offending that is encouraging as to his prospects of rehabilitation. He expresses in his evidence in Court and to report writers his insight into the harm he has caused and that he hates how much his actions have hurt his family and other people in the community. He says (with editing for clarity):
I can’t express how sorry I am for committing these offences. I’d give anything to take it back but I can’t….I can’t express how sorry I am to the victims and the community. I don’t know how I can make this right by them. The last thing I’d ever want is anyone fearing for their business or safety because of me.
56․Mr Flynn is willing to engage in a restorative justice process, saying that he would “own [his] part and apologise”.
57․There is a solid basis upon which to have confidence that Mr Flynn will fulfill his commitment to achieve sustained change. He has not used drugs for over a year. He has tested negative to substances while in custody, and he is utilising a pharmacotherapy program to good effect.
58․Further, with reference to his experience working with a Drug and Alcohol Court program in Victoria, the psychiatrist opines that Mr Flynn would be an appropriate candidate for a treatment order.
59․ACT Health Services find Mr Flynn suitable for a treatment order. A therapeutically recommended day program has been identified for him, with it noted that an option to step up care to a residential rehabilitation program is available if necessary. Mr Flynn does though have available to him accommodation that will also provide him with support.
60․I am satisfied that the proposed therapeutic supports available for Mr Flynn meet the recommendations of the psychiatrist, which includes a recommendation for intensive substance use counselling, regular treatment from a psychologist, ongoing pharmacotherapy, and assistance with the development of independent living skills.
Consideration
61․A person willing to commit offences with the level of seriousness that occurred here has a concerning level of boldness when it comes to defiance of the law. Stern sentences that denounce the conduct, encourage accountability, and deter the offender and others from offending of this type are warranted. I am readily satisfied that, having considered possible alternatives, no penalty other than imprisonment is appropriate.
62․The terms to be imposed on Mr Flynn will be moderated to reflect the findings made as to reduced moral culpability. Further, the remainder of the terms will be served by way of a treatment order.
63․Mr Flynn is eligible for such an order per s 12A(1) of the Sentencing Act. He has given informed consent to the order (s 12A(2)(c) Sentencing Act), and, having regard to the legislated considerations in s 12A(2)(a), (b) of the Sentencing Act, such an order is an appropriate one. It is also a suitable one: s 80S, 80T Sentencing Act.
64․In reaching such a conclusion, I do not lose sight of the impact of the offending on Mr Flynn’s victims, nor of the need to fulfill the sentencing purpose of recognising the harm done to the victims of the crime and to the community. I propose to include as part of the orders a referral to restorative justice, and, for the treatment order, a condition that will prohibit Mr Flynn from attending any licensed clubs. This is done with a view to hopefully providing a measure of comfort to the staff and members of the clubs he burgled. I am also hopeful that, with the support able to be provided under a treatment order to Mr Flynn, community protection will ultimately be assured.
Orders
65․For those reasons the following orders are made:
(1)On the charge of aggravated burglary (CAN 2023/4154), the offender is convicted and sentenced to 20 months imprisonment, reduced from 2 years imprisonment on account of the plea of guilty, to commence on 8 December 2023 and end on 7 August 2025.
(2)On the charge of aggravated burglary (CAN 2023/4157), the offender is convicted and sentenced to 20 months imprisonment, reduced from 2 years imprisonment on account of the plea of guilty, to commence on 8 June 2024 and end on 7 February 2026.
(3)On the charge of aggravated burglary (CAN 2023/4172), the offender is convicted and sentenced to 30 months imprisonment, reduced from 3 years imprisonment on account of the plea of guilty, to commence on 8 December 2024 and end on 7 June 2027.
(4)On the transfer charge of minor theft (CAN 2023/4171), the offender is convicted and sentenced to 2 months imprisonment, reduced from 70 days imprisonment on account of the plea of guilty, to commence on 8 May 2027 and end on 7 July 2027.
(5)The total period of imprisonment of 3 years, 7 months will commence on 8 December 2023 and end on 7 July 2027.
Drug and alcohol treatment order
(6)A Drug and Alcohol Treatment Order pursuant to s 12A of the Crimes (Sentencing) Act 2005 (ACT) is made for Bradley Mark Flynn, in respect of the eligible offences set out in Orders 1 to 4, of which Bradley Mark Flynn has been convicted, and for which he has been sentenced for a total term of 3 years, 7 months imprisonment.
(7)The drug and alcohol treatment order be for 2 years, 4 months, and 28 days.
(8)The Custodial Part of the drug and alcohol treatment order for the eligible offences be suspended under s 80W of the Crimes (Sentencing) Act 2005 (ACT) from 10 February 2025 until 7 July 2027.
(9)The Treatment and Supervision Part of the drug and alcohol treatment order be for 18 months, to commence on 10 February 2025 and end on 9 August 2026.
(10)Under s 80ZA of the Crimes (Sentencing) Act 2005 (ACT), Bradley Mark Flynn 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, 10 August 2026, until the end of the total sentence, 7 July 2027, 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.
(11)For the Treatment and Supervision Part of the drug and alcohol treatment order:
(a)The core conditions of the order set out in s 80Y of the Crimes (Sentencing) Act 2005 (ACT) be hereby imposed.
(b)Bradley Mark Flynn undertake any program, treatment or counselling, alcohol and drug testing or case management, and comply with any direction as to where he resides, or any curfew that may be required by any member of the Treatment and Supervision Team and obey all reasonable directions of any member of that Team.
(c)If Bradley Mark Flynn is discharged from or leaves any treatment program, he is to report to ACT Corrective Services by 4:00pm on the next business day.
(d)Bradley Mark Flynn not return a positive test sample under alcohol and drug testing.
(e)Bradley Mark Flynn not consume or use alcohol, cannabis, illicit drugs and prescription drugs not prescribed to him.
(f)Bradley Mark Flynn comply with any directions of the Court from time to time about attendance at Court in person or by electronic means.
(g)Under s 80Z(1)(b) of the Crimes (Sentencing) Act 2005 (ACT), during the treatment and supervision period of the custodial part of the order, the offender is prohibited from being in any ACT licensed club venue.
(12)Bradley Mark Flynn be directed to sign a sealed copy of this Order and an undertaking to comply with the Order and any obligations under the Crimes (Sentence Administration) Act 2005 (ACT) for the period that this Order is in force before he leaves the Court precincts on 10 February 2025.
(13)It is noted that Bradley Mark Flynn has indicated a willingness to engage in restorative justice, and it is recommended that the Director-General (corrections) refer the offences of aggravated robbery (CAN 2023/4154, CAN 2023/4157 and CAN 2023/4172, CAN 2023/4171) for restorative justice pursuant to pt 6 of the Crimes (Restorative Justice) Act 2004 (ACT) at a stage as deemed appropriate by the Director-General (corrections) during the Drug and Alcohol Treatment Order.
(14)Bradley Mark Flynn be directed to appear in court for DASL Review in person on Tuesday, 18 February 2025 at 11:30am.
(15)It is noted that charges CAN 2023/4162, CAN 2023/4166, CAN 2023/4169 have been taken into account pursuant to pt 4.4 of the Crimes (Sentencing) Act 2005 (ACT).
| I certify that the preceding sixty-five [65] numbered paragraphs are a true copy of the Reasons for Sentence of her Honour Acting Justice Christensen Associate: Date: 12 May 2025 |
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