1. The proceedings be adjourned to Wednesday 2 March 2022 at 11:00 am for sentence.
2. The parties be at liberty and on short notice to relist the matter earlier, including in the event that a placement at Karralika Programs Inc becomes available for Hollie Maree Bower, or that the placement for Hollie Maree Bower at Toora Women Inc become unavailable.
3. Hollie Maree Bower be granted bail to appear in Court for sentence on Wednesday 2 March 2022, on the following conditions:
1. That she reside at the Justice Housing Program or Toora Women Inc. during the remand period and comply with the rules of the facility and obey all reasonable directions of the person in charge of the facility;
2. That she engage in such counselling or other programs as may be reasonably available to her;
3. That she not leave her place of residence between 8:00 pm each day and 8:00 am the next day, except in the case of emergency or with the consent of the Court or the person supervising her under condition 4;
4. That she accept the supervision of the Commissioner of ACT Corrective Services or his delegate and obey all reasonable directions of the person supervising her, including as to attendance at programs of counselling or treatment;
5. That she regularly attend meetings of Narcotics Anonymous and, if reasonably feasible, engage with the Canberra Alliance for Harm Minimisation & Advocacy;
6. That she not consume alcohol, cannabis or illicit drugs;
7. That she undergo urinalysis or breath testing if required by the person supervising her under condition 4;
8. That she attend the ACT Supreme Court on 7 January, 21 January, 4 February and 18 February 2022 at 2:30 pm and at any other time when directed by the Court;
9. That, if she leaves or is discharged from the Justice Housing program or Toora Women Inc, she present herself to ACT Corrective Services by 4:00 pm the next business day with a view to having her bail reviewed; and
10. That she report to ACT Corrective Services today, 4 January 2022, by 4:00 pm to arrange for supervision.
4. An Intensive Correction Assessment of Hollie Maree Bower be prepared for Court on 2 March 2022 and the Director-General of Justice and Community Safety provide a copy of that Assessment to the Court, the Director of Public Prosecutions and to Hollie Maree Bower’s solicitor.
5. ACT Corrective Services provide a Bail Supervision Report, either orally or in writing, to the Court on 21 January, 4 February and 18 February 2022.
Catchwords:
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Bail Application – Bail Pending Sentence – Drug and Alcohol Sentencing List – Burglary – Knowingly Concerned In – Theft – Receiving – Obtaining Property By Deception – Dishonestly Ride Motor Vehicle Without…
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
AGLC
R v Bower [2022] ACTSC 382
Case
[2022] ACTSC 382
Decision Date
CaseChat Overview and Summary
The case of R v Bower, heard in the Supreme Court of the Australian Capital Territory, involves Hollie Maree Bower who is to be sentenced on her pleas of guilty to nine offences, including burglary, theft, receiving, and various counts of obtaining property by deception and dishonestly riding in a motor vehicle without consent. The offences span from 2018 to 2020 and include instances of burglary, theft, and possession of stolen property, alongside instances of riding in stolen vehicles without consent. The court, presided over by Refshauge AJ, was tasked with deciding on the appropriate sentence for Bower, taking into account her significant criminal history, her drug dependency, and her expressed desire to rehabilitate and reform. The legal issues before the court involved balancing the purposes of sentencing, particularly the need for punishment and deterrence against the possibility of rehabilitation, given Bower's drug dependency and her expressed commitment to change. The court also had to consider the impact of Bower's drug dependency on her offending and the effect of her criminal history on the sentence. In its reasoning, the court detailed the nature and circumstances of the offences, noting the seriousness of the crimes and the impact on the victims. It also considered Bower's background, including her drug dependency, her criminal history, and her efforts at rehabilitation. The court found that while a sentence of imprisonment was necessary, there was an opportunity to offer Bower a chance at rehabilitation, particularly given her recognition of the need to address her drug dependency and her recent positive engagement with programs in custody. The court decided to adjourn the sentencing to allow Bower a chance to demonstrate her commitment to rehabilitation, granting her bail with strict conditions to be supervised and to engage in treatment programs. The final orders included adjournment of sentencing, conditions for Bower's bail, and requirements for reports to be prepared for the next hearing.