R v Bower (No 2)

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.