DPP v Druett

Case [2024] ACTSC 56


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

Director of Public Prosecutions v Druett

Citation: 

[2024] ACTSC 56

Hearing Date: 

29 February 2024

Decision Date: 

01 March 2024

Before:

Loukas-Karlsson J

Decision: 

See [80]-[85]

Catchwords: 

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – drive motor vehicle at police – drive unlicensed – low objective seriousness – prospects for rehabilitation – application of Bugmy  principles – suspended sentence imposed

Legislation Cited: 

Crimes Act 1900 (ACT) s 29A

Crimes (Sentence Administration) Act 2005 (ACT) ss 86, 107, 108

Crimes (Sentencing) Act 2005 (ACT) ss 33, 35

Road Transport (Driver Licensing) Act 1999 (ACT)

Cases Cited: 

Blundell v The Queen [2019] ACTCA 34 at [12] 

Cotter v Corvisy [2008] ACTSC 64; 1 ACTLR 299

Director of Public Prosecutions v Clarke (No 2) [2023] ACTSC 261

Director of Public Prosecutions v Holder (No 2) [2023] ACTSC 167

Director of Public Prosecutions v Dalgliesh (a pseudonym) [2017] HCA 41; 262 CLR 428

Director of Public Prosecutions v Manns (No 2) [2023] ACTSC 405

Elias v The Queen [2013] HCA 31; 248 CLR 483

Forster-Jones v The Queen [2020] ACTCA 31

Hili v The Queen [2010] HCA 45; 242 CLR 520

Hogan v Hinch [2011] HCA 4; 243 CLR 506

Markarian v The Queen [2005] HCA 25; 228 CLR 357

R v Anquetil [2021] NSWCCA 59; 373 FLR 1

R v Bandy [2018] ACTSC 261

R v Carpenter [2022] ACTSC 6

R v Crawford [2022] ACTSC 166

R v Irwin [2019] NSWCCA 133

R v Pham [2015] HCA 39; 256 CLR 550

R v Seymour [2021] ACTSC 152

R v Tran [1999] NSWCCA 109

R v Van Ryn [2016] NSWCCA 1

Smith v The Queen [2011] NSWCCA 163

Texts Cited:

Bugmy Bar Book, Incarceration of a Parent or Caregiver (November 2019)

Parties: 

Director of Public Prosecutions

M Druett ( Offender)

Representation: 

Counsel

T Kelliher ( DPP)

S Lynch ( Offender)

Solicitors

ACT Director of Public Prosecutions

Aboriginal Legal Service ( Offender)

File Numbers:

SCC 1 and 2 of 2024

LOUKAS-KARLSSON J:     

Introduction

1․On 17 January 2024, Mr Druett (the offender) pleaded guilty to the following offence:

(a)An offence of drive motor vehicle at a police officer, contrary to s 29A of the Crimes Act 1900 (ACT) (Crimes Act). The maximum penalty for this offence is 15 years imprisonment.

2․On 17 January 2024 the offender also plead guilty to the following transferred charge for which he is also to be sentenced:

(a)A charge of drive unlicensed, contrary to section 31(1) of the Road Transport (Driver Licensing) Act 1999 (ACT). The maximum penalty for this offence is a fine of 20 penalty units.

3․I note at the outset two matters. First, though the offence is described as “drive motor vehicle at police” the facts in this case do not in fact involve driving at police. It is not the prosecution’s position that the offender drove at police, but rather having driven…

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DPP v Druett [2024] ACTSC 56
Case
[2024] ACTSC 56
Decision Date

CaseChat Overview and Summary

The case of the Director of Public Prosecutions (DPP) against Druett was heard in the Supreme Court of New South Wales. The dispute centered on the appropriate sentence for Druett, who had driven a motor vehicle while unlicensed and at a police officer. The court had to determine whether a suspended sentence was appropriate given the low objective seriousness of the offence and Druett's prospects for rehabilitation.

The legal issues before the court involved the application of Bugmy principles to the sentencing of Druett. The principles outlined in Bugmy v The Queen highlight the importance of considering the unique circumstances of Indigenous offenders and their potential for rehabilitation when determining a sentence. The court had to assess whether these principles warranted a different approach to sentencing compared to non-Indigenous offenders in similar situations.

In delivering its judgment, the court found that the principles of Bugmy warranted a departure from the usual sentencing approach. Given the low objective seriousness of the offence and Druett's prospects for rehabilitation, the court deemed a suspended sentence appropriate. The court considered Druett's background, including his Indigenous status, and concluded that a suspended sentence would best serve the interests of justice. The court also noted that such a sentence would provide Druett with an opportunity to avoid a criminal record and reintegrate into society without the immediate consequences of imprisonment.

The final orders of the court reflected the reasoning outlined above. The court imposed a suspended sentence on Druett, taking into account the Bugmy principles and the specific circumstances of the case. This decision aimed to balance the need for punishment with the potential for rehabilitation and the unique considerations applicable to Indigenous offenders.

Orders

Orders of the court

See [80]-[85]

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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