1. The Drug and Alcohol Treatment Order made on 14 December 2021 and amended on 24 December 2021 be cancelled.
2. The conviction for aggravated robbery on 4 August 2021 be confirmed.
3. The sentence of two years and four months imprisonment is imposed, to commence on 30 January 2022 to take into account pre-sentence custody and custody under the Drug and Alcohol Treatment Order, and end on 29 May 2024.
4. Aaron James Campbell be convicted of attempted aggravated robbery and sentenced to two years imprisonment, commencing on 30 September 2023 and expiring on 29 September 2025.
5. For the aggravated robbery, Aaron James Campbell be convicted and sentenced to two years and five months imprisonment, commencing on 30 October 2024 and expiring on 29 March 2027.
6. Aaron James Campbell be convicted of going equipped for theft and sentenced to three months imprisonment, to commence on 30 January 2027 and expiring on 29 April 2027.
7. Aaron James Campbell be convicted of burglary and a sentence of 12 months imprisonment, commencing on 30 January 2027 and expiring on 29 January 2028, is imposed.
8. Aaron James Campbell be convicted of possessing a knife in a public place without a reasonable excuse and sentenced to three months imprisonment, to commence on 30 November 2027 and expiring on 29 February 2028.
9. Aaron James Campbell be convicted of assaulting a frontline community service provider and sentenced to six months imprisonment, to commence on 30 November 2027 and expiring on 29 May 2028.
10. Aaron James Campbell be convicted of damaging property not exceeding $5,000 and sentenced to six months imprisonment, commencing on 30 January 2028 and expiring on 29 July 2028.
11. A non-parole period of three years and three months is imposed, to commence on 30 January 2022 and to expire on 29 April 2025.
Catchwords:
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – Drug and Alcohol Treatment Order – Cancellation – Imposition of Original Sentence – Further Offending – Attempted Aggravated Robbery – Aggravated Robbery – Going Equipped for Theft – Burglary – Possessing a Knife Without a Reasonable Excuse – Assaulting a Frontline Community Service Provider – Damage Property – Sentence of Imprisonment
[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 Campbell (No 2) [2022] ACTSC 370
Case
[2022] ACTSC 370
Decision Date
CaseChat Overview and Summary
This case involved the sentencing of Aaron James Campbell, who was convicted of multiple offences, including aggravated robbery, attempted aggravated robbery, burglary, going equipped for theft, possessing a knife in a public place, assaulting a frontline community service provider, and damaging property. Campbell had previously been sentenced for an offence of aggravated robbery and was ordered to serve a term of imprisonment under a Drug and Alcohol Treatment Order. However, he left the rehabilitation facility and went on to commit further offences. The court had to decide on the appropriate sentence for Campbell, taking into account the nature and circumstances of the offences, as well as Campbell's subjective circumstances. The court found that Campbell's further offending was very serious and that a non-conviction order would be manifestly inadequate. The court also considered the purposes of sentencing, including punishment, deterrence, and rehabilitation. The court imposed a total sentence of six years and six months imprisonment, with a non-parole period of three years and three months. The court hoped that this sentence would provide Campbell with an opportunity for rehabilitation and reintegration into the community.