SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Celeski (No 2) |
Citation: | [2022] ACTSC 393 |
Hearing Date: | 11 November 2022 |
Decision Date: | 18 November 2022 |
Before: | Refshauge AJ |
Decision: | (1) David Celeski be convicted of possessing a prohibited firearm (CAN 1384/2022) and be sentenced to 9 months imprisonment to commence on 5 February 2022 and end on 4 November 2022. (2) David Celeski be convicted of trafficking in a controlled drug, namely methylamphetamine (CAN 1387/2022) and be sentenced to 11 months imprisonment to commence on 5 November 2022 and end on 4 October 2023. (3) David Celeski be convicted of possessing the proceeds of crime (CAN 1392/2022) and be sentenced to 7 months imprisonment to commence on 5 August 2023 and end on 4 March 2024. (4) David Celeski be convicted of trafficking in a controlled drug, namely heroin (CAN 3327/2022) and be sentenced to 12 months imprisonment to commence on 5 January 2024 and end on 4 January 2025. (5) David Celeski be convicted of supplying a declared substance (CAN 6749/2022) and be sentenced to 9 months imprisonment to commence on 5 November 2024 and end on 4 August 2025. (6) David Celeski be convicted of possessing ammunition (CAN 1385/2022) and be required to sign an undertaking to comply with the offender’s good behaviour obligations under s 85 of the Crimes (Sentence Administration) Act 2005 (ACT) for 2 months from 5 November 2026, until 4 January 2027. (7) David Celeski be convicted of possessing a declared substance (CAN 6748/2022) and be sentenced to 2 months imprisonment to commence on 5 July 2025 and end on 4 September 2025. (8) The Good Behaviour Order made on 29 September 2020 for the offences of burglary (CC 2016/1268), damaging property (CC 2016/1271), dishonestly riding in a motor vehicle (CC 2016/1994), theft (CC 2016/1267), obstructing a territory official (CC 2016/551), obstructing a territory official (CC 2016/1270), possessing a drug of dependence (CC 2016/1997) and possessing a drug of dependence (CC 2016/1998) be cancelled. (9) The conviction for burglary (CC 2016/1268) be confirmed and David Celeski be sentenced to 12 months imprisonment to commence on 5 September 2025 and end on 4 September 2026. (10) The conviction for damaging property (CC 2016/1271) be confirmed and David Celeski be sentenced to 8 months imprisonment to commence on 5 January 2026 and end on 4 September 2026. (11) The conviction for dishonestly riding in a motor vehicle (CC 2016/1994) be confirmed and David Celeski be sentenced to 6 months imprisonment to commence on 5 March 2026 and end on 4 September 2026. (12) The conviction for theft (CC 2016/1267) be confirmed and David Celeski be sentenced to 4 months imprisonment to commence on 5 May 2026 and end on 4 September 2026. (13) The conviction for obstructing a territory official (CC 2016/551) be confirmed and David Celeski be sentenced to 2 months imprisonment to commence on 5 August 2026 and end on 4 October 2026. (14) The conviction for obstructing a territory official… |
Continue reading R v Celeski (No 2)
Sign in free to access the full text
- AGLC
- R v Celeski (No 2) [2022] ACTSC 393
- Case
- [2022] ACTSC 393
- Decision Date
CaseChat Overview and Summary
The court considered the gravity of each offence, the offender's criminal history, and the need for deterrence, rehabilitation, and protection of the community. It found that Celeski's offending was serious and persistent, and that he had not responded to previous opportunities for rehabilitation. The court imposed a series of sentences for each charge, taking into account the need for cumulative punishment and the likelihood of reducing reoffending. Additionally, the court cancelled a previous Good Behaviour Order and imposed a new Drug and Alcohol Treatment Order, recognising the need for treatment and supervision to address the underlying causes of the offender's criminal behaviour.
In conclusion, the court ordered a series of sentences for each of the charges, as well as the cancellation of a previous Good Behaviour Order and the imposition of a new Drug and Alcohol Treatment Order. The court emphasised the importance of addressing the underlying causes of the offender's criminal behaviour and promoting rehabilitation and protection of the community. The offender was also required to comply with various obligations and conditions, including supervision, urinalysis, counselling, and treatment. The sentences imposed reflected the seriousness of the offences and the need for deterrence and protection of the community.
Orders
Orders of the court
(1) David Celeski be convicted of possessing a prohibited firearm (CAN 1384/2022) and be sentenced to 9 months imprisonment to commence on 5 February 2022 and end on 4 November 2022.
(2) David Celeski be convicted of trafficking in a controlled drug, namely methylamphetamine (CAN 1387/2022) and be sentenced to 11 months imprisonment to commence on 5 November 2022 and end on 4 October 2023.
(3) David Celeski be convicted of possessing the proceeds of crime (CAN 1392/2022) and be sentenced to 7 months imprisonment to commence on 5 August 2023 and end on 4 March 2024.
(4) David Celeski be convicted of trafficking in a controlled drug, namely heroin (CAN 3327/2022) and be sentenced to 12 months imprisonment to commence on 5 January 2024 and end on 4 January 2025.
(5) David Celeski be convicted of supplying a declared substance (CAN 6749/2022) and be sentenced to 9 months imprisonment to commence on 5 November 2024 and end on 4 August 2025.
(6) David Celeski be convicted of possessing ammunition (CAN 1385/2022) and be required to sign an undertaking to comply with the offender’s good behaviour obligations under s 85 of the Crimes (Sentence Administration) Act 2005 (ACT) for 2 months from 5 November 2026, until 4 January 2027.
(7) David Celeski be convicted of possessing a declared substance (CAN 6748/2022) and be sentenced to 2 months imprisonment to commence on 5 July 2025 and end on 4 September 2025.
(8) The Good Behaviour Order made on 29 September 2020 for the offences of burglary (CC 2016/1268), damaging property (CC 2016/1271), dishonestly riding in a motor vehicle (CC 2016/1994), theft (CC 2016/1267), obstructing a territory official (CC 2016/551), obstructing a territory official (CC 2016/1270), possessing a drug of dependence (CC 2016/1997) and possessing a drug of dependence (CC 2016/1998) be cancelled.
(9) The conviction for burglary (CC 2016/1268) be confirmed and David Celeski be sentenced to 12 months imprisonment to commence on 5 September 2025 and end on 4 September 2026.
(10) The conviction for damaging property (CC 2016/1271) be confirmed and David Celeski be sentenced to 8 months imprisonment to commence on 5 January 2026 and end on 4 September 2026.
(11) The conviction for dishonestly riding in a motor vehicle (CC 2016/1994) be confirmed and David Celeski be sentenced to 6 months imprisonment to commence on 5 March 2026 and end on 4 September 2026.
(12) The conviction for theft (CC 2016/1267) be confirmed and David Celeski be sentenced to 4 months imprisonment to commence on 5 May 2026 and end on 4 September 2026.
(13) The conviction for obstructing a territory official (CC 2016/551) be confirmed and David Celeski be sentenced to 2 months imprisonment to commence on 5 August 2026 and end on 4 October 2026.
(14) The conviction for obstructing a territory official (CC 2016/1270) be confirmed and David Celeski be sentenced to 2 months imprisonment to commence on 5 September 2026 and end on 4 November 2026.
(15) The conviction for possessing a drug of dependence (CC 2016/1997) be confirmed and David Celeski be sentenced to 2 months imprisonment to commence on 5 September 2026 and end on 4 November 2026.
(16) The conviction for possessing a drug of dependence (CC 2016/1998) be confirmed and David Celeski be sentenced to 2 months imprisonment to commence on 5 September 2026 and end on 4 November 2026.
(17) A Drug and Alcohol Treatment Order under s 12A of the Crimes (Sentencing) Act 2005 (ACT) be made for David Celeski for 2 years from today (commencing on 18 November 2022 and ending on 17 November 2024) in respect of the primary offence of trafficking in a controlled drug, namely heroin (CAN 3327/2022), of which he has been convicted and for which he has been sentenced to 12 months imprisonment.
(18) That Order be extended to the offences of trafficking in a controlled drug, namely methylamphetamine (CAN 1387/2022), possessing the proceeds of crime (CAN 1392/2022), supplying a declared substance (CAN 6749/2022), possessing a declared substance (CAN 6748/2022), burglary (CC 2016/1268), damaging property (CC 2016/1271), dishonestly riding in a motor vehicle (CC 2016/1994), theft (CC 2016/1267), obstructing a territory official (CC 2016/551), obstructing a territory official (CC 2016/1270), possessing a drug of dependence (CC 2016/1997) and possessing a drug of dependence (CC 2016/1998), of which David Celeski has been convicted and for which he has been sentenced, and which are associated offences of the primary offence.
(19) It be noted that convictions and sentences imposed for the primary and associated offences have been recorded and are hereby incorporated into the Drug and Alcohol Treatment Order in the Custodial Part of the Order.
(20) The Custodial Part of the Drug and Alcohol Treatment Order for the primary and associated offences be hereby suspended under s 80W of the Crimes (Sentencing) Act 2005 (ACT) from today, 18 November 2022, until 4 November 2026.
(21) Under s 80ZA of the Crimes (Sentencing) Act 2005 (ACT), David Celeski be required to sign an undertaking to comply with the offender’s Good Behaviour obligations under s 85 of the Crimes (Sentence Administration) Act 2005 (ACT) from the day after the end of the Drug and Alcohol Treatment Order, 18 November 2024, until the end of the total sentence, 4 November 2026, with a probation condition that he accept supervision by the Commissioner of ACT Corrective Services or his delegate for the period of the undertaking or such lesser period as the person supervising him considers appropriate and obey all reasonable directions of the person supervising him including as to urinalysis, counselling and treatment.
(22) For the Treatment and Supervision Part of the Drug and Alcohol Treatment Order:
(a) The core conditions of the Order set out in s 80Y of the Crimes (Sentencing) Act 2005 (ACT) be hereby imposed;
(b) David Celeski undertake any program, treatment or counselling, urinalysis or case management that may be required by any member of the Treatment and Supervision Team and obey all reasonable directions of any member of that Team about where he resides, with whom he associates and his attendance from time to time;
(c) David Celeski not return a positive test sample under alcohol and drug testing; and
(d) David Celeski comply with any directions of the Court from time to time about attendance at Court in person or by electronic means.
(23) David Celeski be directed to appear in Court on Friday 25 November 2022 at 11:30 am.
(24) David Celeski be directed to attend the Court registry before he leaves the Court precincts to sign a sealed copy of this order and an undertaking to comply with the order and any obligations under the Crimes (Sentence Administration) Act 2005 (ACT) for the period of this order and the Good Behaviour Order for the possession of ammunition.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.