SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Coleman |
Citation: | [2021] ACTSC 349 |
Hearing Dates: | 28 May 2021 |
DecisionDate: | 7 June 2021 |
Before: | Refshauge AJ |
Decision: | 1. That the charge for the offence of drive whilst unlicensed be amended by omitting ‘repeat’ and substituting ‘first’. 2. William John Coleman be convicted of aggravated robbery and be sentenced to 29 months imprisonment, commencing from 30 December 2020 and expiring on 29 May 2023. 3. William John Coleman be convicted of dishonestly driving a motor vehicle without the owner’s consent and be sentenced to 13 months imprisonment, commencing from 30 October 2022 and expiring on 29 November 2023. 4. William John Coleman be convicted of the first count of burglary and be sentenced to 12 months imprisonment, commencing from 30 May 2023 and expiring on 29 May 2024. 5. William John Coleman be convicted of the second count of burglary and be sentenced to 12 months imprisonment, commencing from 30 November 2023 and expiring on 29 November 2024. 6. William John Coleman be convicted of the first count of minor theft and be sentenced to 2 months imprisonment, commencing from 14 October 2024 and expiring on 13 December 2024. 7. William John Coleman be convicted of the second count of minor theft and be sentenced to 1 month imprisonment, commencing from 14 November 2024 and expiring on 13 December 2024. 8. William John Coleman be convicted of the third count of minor theft and be sentenced to 2 months imprisonment, commencing from 28 October 2024 and expiring on 27 December 2024. 9. William John Coleman be convicted of drug driving and be required to sign an undertaking to comply with the offenders Good Behaviour Obligations under s 85 of the Crimes (Sentence Administration) Act 2005 (ACT) for a period of 6 months from today, 7 June 2021, and be disqualified from holding or obtaining a driver license for 12 months. 10. William John Coleman be convicted of driving whilst disqualified and be required to sign an undertaking to comply with the offenders Good Behaviour Obligations under s 85 of the Crimes (Sentence Administration) Act 2005 (ACT) for a period of 18 months from today, 7 June 2021. 11. A Drug and Alcohol Treatment Order under s 12A of the Crimes (Sentencing) Act 2005 (ACT) be made for William John Coleman for 2 years from today, commencing on 7 June 2021 and ending on 6 June 2023, in respect of the primary offence of aggravated robbery. 12. That Order be extended to the two offences of burglary, the offence of dishonestly driving a motor vehicle without the owner’s consent and the three offences of minor theft, which are associated offences of the primary offence. 13. It be noted that the recorded convictions and sentences imposed for the primary and associated offences be hereby incorporated into the Drug and Alcohol Treatment Order in the Custodial Part of the Order. 14. The custodial period of the Drug and Alcohol Treatment Order… |
Continue reading R v Coleman
Sign in free to access the full text
- AGLC
- R v Coleman [2021] ACTSC 349
- Case
- [2021] ACTSC 349
- Decision Date
CaseChat Overview and Summary
The primary legal issues addressed by the court included the severity and nature of the offences committed by the defendant, the need for deterrence and rehabilitation, and the appropriate balance between custodial and non-custodial sentencing options. The court considered the defendant's criminal history, his drug dependency, and the potential for rehabilitation through a structured treatment program. The court also evaluated the impact of the offences on the victims and the community, and the need to impose sentences that reflect the seriousness of the crimes while also promoting the defendant's rehabilitation.
The court ultimately decided to impose a series of sentences, including imprisonment terms for the offences of aggravated robbery, dishonest driving, burglary, and minor theft, along with a disqualification from holding a driver’s license for drug driving and driving while disqualified. The court recognised the need for rehabilitation and imposed a Drug and Alcohol Treatment Order for a period of two years, which included both custodial and non-custodial elements. The custodial part of the order was suspended until the end of the defendant's imprisonment terms, after which he would be required to comply with good behaviour obligations and probation conditions. The court also ordered the defendant to attend a residential drug rehabilitation program and comply with various treatment and supervision requirements.
The final orders included the amendment of a charge, convictions for all the offences, specific sentences for each offence, the imposition of a Drug and Alcohol Treatment Order, and various conditions and obligations for the defendant to comply with during and after his sentences. The court's decision aimed to address the defendant's offending behaviour, promote his rehabilitation, and protect the community by imposing appropriate penalties and ensuring the defendant receives necessary treatment and supervision.
Orders
Orders of the court
1. That the charge for the offence of drive whilst unlicensed be amended by omitting ‘repeat’ and substituting ‘first’.
2. William John Coleman be convicted of aggravated robbery and be sentenced to 29 months imprisonment, commencing from 30 December 2020 and expiring on 29 May 2023.
3. William John Coleman be convicted of dishonestly driving a motor vehicle without the owner’s consent and be sentenced to 13 months imprisonment, commencing from 30 October 2022 and expiring on 29 November 2023.
4. William John Coleman be convicted of the first count of burglary and be sentenced to 12 months imprisonment, commencing from 30 May 2023 and expiring on 29 May 2024.
5. William John Coleman be convicted of the second count of burglary and be sentenced to 12 months imprisonment, commencing from 30 November 2023 and expiring on 29 November 2024.
6. William John Coleman be convicted of the first count of minor theft and be sentenced to 2 months imprisonment, commencing from 14 October 2024 and expiring on 13 December 2024.
7. William John Coleman be convicted of the second count of minor theft and be sentenced to 1 month imprisonment, commencing from 14 November 2024 and expiring on 13 December 2024.
8. William John Coleman be convicted of the third count of minor theft and be sentenced to 2 months imprisonment, commencing from 28 October 2024 and expiring on 27 December 2024.
9. William John Coleman be convicted of drug driving and be required to sign an undertaking to comply with the offenders Good Behaviour Obligations under s 85 of the Crimes (Sentence Administration) Act 2005 (ACT) for a period of 6 months from today, 7 June 2021, and be disqualified from holding or obtaining a driver license for 12 months.
10. William John Coleman be convicted of driving whilst disqualified and be required to sign an undertaking to comply with the offenders Good Behaviour Obligations under s 85 of the Crimes (Sentence Administration) Act 2005 (ACT) for a period of 18 months from today, 7 June 2021.
11. A Drug and Alcohol Treatment Order under s 12A of the Crimes (Sentencing) Act 2005 (ACT) be made for William John Coleman for 2 years from today, commencing on 7 June 2021 and ending on 6 June 2023, in respect of the primary offence of aggravated robbery.
12. That Order be extended to the two offences of burglary, the offence of dishonestly driving a motor vehicle without the owner’s consent and the three offences of minor theft, which are associated offences of the primary offence.
13. It be noted that the recorded convictions and sentences imposed for the primary and associated offences be hereby incorporated into the Drug and Alcohol Treatment Order in the Custodial Part of the Order.
14. The custodial period of the Drug and Alcohol Treatment Order for the primary and associated offences be suspended under s 80W of the Crimes (Sentencing) Act 2005 (ACT) from today, 7 June 2021, until 27 December 2024.
15. William John Coleman 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 end of the Drug and Alcohol Treatment Order, 7 June 2023, until the end of the total sentence, 27 December 2024, with a probation condition that he accept supervision by the Commissioner of ACT Corrective Services or his delegate and obey all reasonable directions of the person supervising him including as to urinalysis, counselling and treatment.
16. 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. William John Coleman attend from this Court at Canberra Recovery Services, Fyshwick and admit himself to the residential drug rehabilitation program there by 1:00pm today, 7 June 2021;
c. William John Coleman be directed to complete the program at Canberra Recovery Services, not leave the program until he has completed it and obey all rules of the programs of the facility and the directions of the person in charge of the program;
d. Should William John Coleman leave or be discharged from the facility before completing the program, he report to ACT Corrective Services by 4:00pm on the next business day with a view to having his Drug and Alcohol Treatment Order reviewed;
e. William John Coleman undertake any program, treatment, case management or urinalysis or other program as may be required by any member of the Treatment and Supervision Team; and
f. William John Coleman comply with any directions of the Court from time to time about attendance at Court in person or by electronic means.
17. William John Coleman appear by electronic means in Court on Friday 18 June 2021 at 12:30 pm.
18. William John Coleman be directed to attend the Court Registry before he leaves the Court precincts to sign a sealed copy of this Order.
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.