SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Blackburn (No 1) |
Citation: | [2020] ACTSC 373 |
Hearing Date: | 11 September 2020 |
DecisionDate: | 16 September 2020 |
Before: | Refshauge AJ |
Decision: | 1. Mr Blackburn be convicted of assaulting Craig Hunt on 18 March 2020 and occasioning him actual bodily harm, and be sentenced to 11 months' imprisonment, to commence on 3 April 2020. 2. Mr Blackburn be convicted of assaulting Mr Hunt on the same day, and be sentenced to two months’ imprisonment, to commence on 3 February 2021. 3. Mr Blackburn be convicted of assaulting Taylor Areole on 18 March 2020, and be sentenced to 14 days' imprisonment, to commence on 20 March 2021. 4. Mr Blackburn be convicted of destroying property, namely Mr Hunt's phone, and be sentenced to three months' imprisonment, to commence on 2 February 2021. 5. Mr Blackburn be convicted of aggravated burglary on 29 March 2020, and be sentenced to 18 months' imprisonment, to commence on 3 May 2021. 6. Mr Blackburn be convicted of dishonestly taking Michael Brennan's motor vehicle on 29 March 2020 without his consent, and be sentenced to six months' imprisonment, to commence on 3 June 2021. 7. Mr Blackburn be convicted of theft from Mr Brennan, jointly with the male co-offender on 29 March 2020, and be sentenced to three months' imprisonment, to commence on 3 September 2021. 8. Mr Blackburn be convicted of dishonestly driving Mr Brennan's vehicle without his consent, and be sentenced to three months' imprisonment, to commence on 3 September 2021. 9. Mr Blackburn be convicted of making off without payment on 30 March 2020, and be fined $250, with 12 months to pay. 10. Mr Blackburn be convicted of aggravated dangerous driving on 3 April 2020 as a first offender, and be sentenced to six months' imprisonment, to commence on 3 December 2021, and be disqualified from holding or obtaining a driver license for 12 months. 11. Mr Blackburn be convicted of failing to stop for police when directed, and be sentenced to two months' imprisonment, to commence on 3 May 2022, and be disqualified from holding or obtaining a driver license for three months. 12. Mr Blackburn be convicted of being an unaccompanied learner driver on 3 April 2020, and be fined $400, with 12 months to pay. 13. Mr Blackburn be convicted of driving with a prescribed drug in his blood as a first offender, and be fined $200, with 12 months to pay, and be disqualified from holding or obtaining a driver license for six months. 14. Mr Blackburn be convicted of assaulting Constable Kneen, and be sentenced to three months' imprisonment, to commence on 3 July 2020. 15. It be noted that this is a total of imprisonment for three years and six months, to commence on 3 April 2020 and end on 2 October 2022, a total fine of $850 with 12 months to pay, and a disqualification from holding or obtaining a driver licence for 12 months. |
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- AGLC
- R v Blackburn (No 1) [2020] ACTSC 373
- Case
- [2020] ACTSC 373
- Decision Date
CaseChat Overview and Summary
The primary legal issue the court addressed was the appropriate sentencing for Mr Blackburn, who had multiple convictions and had demonstrated a pattern of criminal behaviour. The court was required to consider the principles of sentencing, including deterrence, rehabilitation, and punishment, as well as the specific aggravating and mitigating factors present in each case. The court also had to consider the potential impact of a Drug and Alcohol Treatment Order on Mr Blackburn's rehabilitation and future criminal conduct.
In its decision, the court found that Mr Blackburn's criminal conduct warranted a substantial sentence, reflecting the seriousness of his actions. The court imposed a total of three years and six months’ imprisonment for the primary and associated offences, which was suspended, and ordered Mr Blackburn to complete a Drug and Alcohol Treatment Order. The court also imposed fines and disqualifications from holding a driver's licence for certain offences. The court emphasised the importance of addressing Mr Blackburn's drug and alcohol issues to prevent future offending and promote rehabilitation. The court made clear that the Drug and Alcohol Treatment Order was integral to the overall sentence, and that failure to comply with the conditions of the order would result in the imposition of the custodial sentence.
The final orders of the court included convictions for the primary offence of aggravated burglary, as well as associated offences, and the imposition of a Drug and Alcohol Treatment Order for a period of 12 months. The sentence of imprisonment was suspended for the duration of the treatment order, and Mr Blackburn was required to comply with various conditions, including treatment and supervision, to address his drug and alcohol issues.
Orders
Orders of the court
1. Mr Blackburn be convicted of assaulting Craig Hunt on 18 March 2020 and occasioning him actual bodily harm, and be sentenced to 11 months' imprisonment, to commence on 3 April 2020.
2. Mr Blackburn be convicted of assaulting Mr Hunt on the same day, and be sentenced to two months’ imprisonment, to commence on 3 February 2021.
3. Mr Blackburn be convicted of assaulting Taylor Areole on 18 March 2020, and be sentenced to 14 days' imprisonment, to commence on 20 March 2021.
4. Mr Blackburn be convicted of destroying property, namely Mr Hunt's phone, and be sentenced to three months' imprisonment, to commence on 2 February 2021.
5. Mr Blackburn be convicted of aggravated burglary on 29 March 2020, and be sentenced to 18 months' imprisonment, to commence on 3 May 2021.
6. Mr Blackburn be convicted of dishonestly taking Michael Brennan's motor vehicle on 29 March 2020 without his consent, and be sentenced to six months' imprisonment, to commence on 3 June 2021.
7. Mr Blackburn be convicted of theft from Mr Brennan, jointly with the male co-offender on 29 March 2020, and be sentenced to three months' imprisonment, to commence on 3 September 2021.
8. Mr Blackburn be convicted of dishonestly driving Mr Brennan's vehicle without his consent, and be sentenced to three months' imprisonment, to commence on 3 September 2021.
9. Mr Blackburn be convicted of making off without payment on 30 March 2020, and be fined $250, with 12 months to pay.
10. Mr Blackburn be convicted of aggravated dangerous driving on 3 April 2020 as a first offender, and be sentenced to six months' imprisonment, to commence on 3 December 2021, and be disqualified from holding or obtaining a driver license for 12 months.
11. Mr Blackburn be convicted of failing to stop for police when directed, and be sentenced to two months' imprisonment, to commence on 3 May 2022, and be disqualified from holding or obtaining a driver license for three months.
12. Mr Blackburn be convicted of being an unaccompanied learner driver on 3 April 2020, and be fined $400, with 12 months to pay.
13. Mr Blackburn be convicted of driving with a prescribed drug in his blood as a first offender, and be fined $200, with 12 months to pay, and be disqualified from holding or obtaining a driver license for six months.
14. Mr Blackburn be convicted of assaulting Constable Kneen, and be sentenced to three months' imprisonment, to commence on 3 July 2020.
15. It be noted that this is a total of imprisonment for three years and six months, to commence on 3 April 2020 and end on 2 October 2022, a total fine of $850 with 12 months to pay, and a disqualification from holding or obtaining a driver licence for 12 months.
16. A Drug and Alcohol Treatment Order under s 12A of the Crimes (Sentencing) Act 2005 (ACT) be made, to commence today in respect of the offence of aggravated burglary on 29 March 2020, for which Mr Blackburn has been convicted and sentenced, which is the primary offence. It be declared that the Drug and Alcohol Treatment Order is for a period of 12 months.
17. The Drug and Alcohol Treatment Order be extended to the offences of theft, the three offences of common assault, the offence of assault occasioning actual bodily harm, the offence of destroying property, the offence of dishonestly taking someone else's motor vehicle without the owner's consent and of dishonestly driving that motor vehicle without the owner's consent, the offence of aggravated dangerous driving, and the offence of failing to stop for police when directed, all being associated offences.
18. It be noted that the convictions for the primary offence and the associated offences have been recorded and that sentences of imprisonment have been imposed for each of those offences, which convictions and sentences are hereby incorporated into the Drug and Alcohol Treatment Order and which constitute the custodial part of the Drug and Alcohol Treatment Order.
19. The sentence of three years and six months’ imprisonment for the primary offence and associated offences be suspended, for a period from today until the end of the sentence of imprisonment, under s 80W of the Crimes (Sentencing) Act 2005 (ACT).
20. On the completion of the Drug and Alcohol Treatment Order, Mr Blackburn be required to sign an undertaking to comply with the offender's Good Behaviour obligations for a period of 2 years from 17 September 2021 and to accept supervision from the ACT Commissioner of Corrective Services or his delegate for the period during which the person supervising him considers appropriate and to obey all reasonable directions of the person supervising him.
21. For the treatment and supervision part of the Drug and Alcohol Treatment Order, Mr Blackburn be ordered to comply with the core conditions set out in s 80Y of the Crimes (Sentencing) Act 2005 (ACT) for the term of the Drug and Alcohol Treatment Order and complete a program of treatment as agreed with the Treatment Order Team from time to time and as ordered by the Court.
22. Mr Blackburn be directed to travel directly to Canberra Recovery Services in Fyshwick, to arrive there by 1:00 pm and to admit himself to the treatment program and not to leave that program without the leave of the Court and to obey all rules of the program and the facility.
23. Mr Blackburn be directed that if he is to be discharged from or leaves the program, he is to present himself to ACT Corrective Services by 4 pm the next business day with a view to having the Drug and Alcohol Treatment Order reviewed.
24. Mr Blackburn be directed to comply with any directions of the Court about attendance at Court, in person or by electronic means, and about any other treatment or supervision matter from time to time.
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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