amended by omitting “27 April 2018” and substituting “28 April
2018”.
2.   Hollie Maree Bower be convicted of burglary and be sentenced to 12 months imprisonment to commence on 16 March 2022 and end on 15 March 2023.
3.    Hollie Maree Bower be convicted of theft and be sentenced to 3 months imprisonment to commence on 16 January 2023 and end on 15 April 2023.
4.   Hollie Maree Bower be convicted of burglary and be sentenced to 10 months imprisonment to commence on 16 January 2023 and end on 15 November 2023.
5.   Hollie Maree Bower be convicted of receiving and be sentenced to 6 months imprisonment to commence on 16 August 2023 and end on 15 February 2024.
6.   Hollie Maree Bower be convicted of dishonestly riding in a motor vehicle without consent and be sentenced to 8 months imprisonment to commence on 16 November 2023 and end on 15 July 2024.
7.   Hollie Maree Bower be convicted of obtaining property by deception and be sentenced to 6 months imprisonment to commence on 16 March 2024 and end on 15 September 2024.
8.   Hollie Maree Bower be convicted of dishonestly riding in a motor vehicle without consent and be sentenced to 9 months imprisonment to commence on 16 May 2024 and end on 15 February 2025.
9.   Hollie Maree Bower be convicted of obtaining property by deception and be sentenced to 6 months imprisonment to commence on 16 November 2024 and end on 15 May 2025.
10. Hollie Maree Bower be convicted of unlawful possession of stolen property and be sentenced to 3 months imprisonment to commence on 16 March 2025 and end on 15 June 2025.
11. Hollie Maree Bower be convicted of dishonestly riding in a
motor vehicle without consent and be sentenced to 9 months

imprisonment to commence on 16 March 2025 and end on 15
December 2025.
12. Hollie Maree Bower be convicted of minor theft and be sentenced to 2 months imprisonment to commence on 16 October 2025 and end on 15 December 2025.
13. The Good Behaviour Order made in the Magistrates Court on 16 August 2017 be cancelled.
14. Hollie Maree Bower be resentenced for driving while disqualified to 4 months imprisonment to commence on 16 September 2025 and end on 15 January 2026.
15. Hollie Maree Bower be resentenced for driving while disqualified to 4 months imprisonment to commence on 16 November 2025 and end on 15 March 2026.
16. A Drug and Alcohol Treatment Order under s 12A of the Crimes (Sentencing) Act 2005 (ACT) be made for Hollie Maree Bower for 2 years from today…

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.

Continue reading R v Bower (No 2)

Details

AGLC: R v Bower (No 2) [2022] ACTSC 388
Case: [2022] ACTSC 388
Decision Date

CaseChat Overview and Summary

Hollie Maree Bower has pleaded guilty to multiple offences, including burglary, theft, receiving, dishonestly riding in a motor vehicle without consent, obtaining property by deception, unlawful possession of stolen property, and minor theft. The Supreme Court of the Australian Capital Territory has sentenced Bower to a total of four years imprisonment, with the custodial part of the sentence being suspended under a Drug and Alcohol Treatment Order (Treatment Order). The court has also cancelled a previous Good Behaviour Order and re-sentenced Bower for two offences of driving while disqualified. Bower has been directed to undertake a residential drug rehabilitation program at Karralika Therapeutic Community and to comply with various conditions of the Treatment Order, including signing an undertaking to comply with good behaviour obligations and accepting supervision by the Commissioner of ACT Corrective Services or his delegate.

The court considered various factors in arriving at the sentence, including the delay in bringing the matters to finality, the breach of conditional liberty, and the principles of sentencing. The court acknowledged that Bower had made limited progress in her rehabilitation but recognised her continued commitment and motivation to address her drug dependence and criminal behaviour. The court also considered the nature and circumstances of the offences, the effect of the offences on the victims, and Bower's personal circumstances, including her childhood disadvantage, early introduction to drugs, and the influence of her former partner.

The court determined that a sentence of imprisonment was appropriate, with the total sentence being four years, commencing on 16 March 2022 and ending on 15 March 2026. The court imposed concurrent sentences for some of the offences, taking into account their common elements and the principle of totality. The court also discounted the sentences for Bower's pleas of guilty.

In making the Treatment Order, the court considered Bower's eligibility under the Crimes (Sentencing) Act 2005 (ACT) and the Suitability Assessments prepared by Alcohol and Drug Services and ACT Corrective Services. The court found that Bower was suitable for the Treatment Order, provided she engaged in residential rehabilitation, and a placement at the Karralika Programs Incorporated residential drug rehabilitation facility was available.

The court emphasised the importance of honesty, both with oneself and with the court and treatment team, and warned against absconding, which could lead to the cancellation of the Treatment Order and the imposition of the full custodial sentence. The court encouraged Bower to commit to the journey of rehabilitation and to work together with the court and treatment team to make the Treatment Order successful.

Orders