Director of Public Prosecutions v Rand

Case

[2023] ACTSC 408

27 June 2023


Details
AGLC Case Decision Date
Director of Public Prosecutions v Rand [2023] ACTSC 408 [2023] ACTSC 408 27 June 2023

CaseChat Overview and Summary

The case of Director of Public Prosecutions v Rand was heard in the ACT Magistrates Court. Adrian Richard Rand was charged with threatening to kill a woman and intentionally inflicting actual bodily harm on her. The charges related to incidents of family violence that were associated with drug use. The court was required to determine the appropriate sentences for these offences and whether a Drug and Alcohol Treatment Order should be made under section 12A of the Crimes (Sentencing) Act 2005 (ACT).

The court found Rand guilty of the charges and considered the nature and circumstances of the offences, the impact on the victim, and the need for deterrence and rehabilitation. The court concluded that the offences warranted significant custodial sentences but also recognised the need for treatment and rehabilitation due to Rand's drug use. The court imposed a sentence of 2 years and 8 months for the threat to kill offence and 2 years for the actual bodily harm offence, to be served concurrently. The court also made a Drug and Alcohol Treatment Order for the primary offence and associated offences, which included treatment and supervision for 2 years, followed by a period of good behaviour under supervision until the end of the total sentence.

The court ordered that the Drug and Alcohol Treatment Order be made for the primary offence and associated offences, with the custodial part of the order suspended until the end of the total sentence. Rand was required to sign an undertaking to comply with good behaviour obligations and accept supervision by the Commissioner of ACT Corrective Services or their delegate. The Treatment and Supervision Part of the Order included core conditions, participation in required programs, alcohol and drug testing, and compliance with court directions. Rand was directed to sign a sealed copy of the Order and an undertaking to comply with the Order and any obligations under the Crimes (Sentence Administration) Act 2005 (ACT) before leaving the court precincts. Rand was also directed to appear on Friday 30 June 2023 at 12:30pm.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Jurisdiction

  • Sentencing

  • Drug and Alcohol Treatment Order

  • Good Behaviour Undertaking

  • Probation Conditions

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

6

Cases Cited

14

Statutory Material Cited

4

Beniamini v Craig [2017] ACTSC 30
R v Bell [2005] ACTSC 123
R v Bonfield [2021] ACTSC 362