Brent Douglas Collins be convicted of dishonestly driving a motor vehicle without the owner’s consent and be sentenced to 13 months imprisonment, to commence on 1 May 2021.
Brent Douglas Collins be convicted of dishonestly driving a motor vehicle without the owner's consent and be sentenced to 10 months imprisonment, to commence on 1 March 2022.
Brent Douglas Collins be convicted of driving whilst disqualified as a repeat offender and be sentenced to 4 months and 15 days imprisonment, to commence on 14 October 2022.
It be noted that there is an automatic licence disqualification of two years and it be directed that is to commence on 1 January 2021.
Brent Douglas Collins be convicted of driving whilst disqualified as a repeat offender and be sentenced to 4 months and 15 days imprisonment, to commence on 16 December 2022.
It be noted that there is a further automatic licence disqualification of two years and it be directed that is to commence on 1 January 2021.
Brent Douglas Collins be convicted of damaging property and be sentenced to two months imprisonment, to commence on 1 April 2023.
Brent Douglas Collins be convicted of driving dangerously as a repeat offender and be sentenced to six months imprisonment, to commence4 on 31 March 2023.
It be directed that the automatic licence disqualification of 12 months is to commence on 1 January 2022.
Brent Douglas Collins be convicted of failing to stop when requested by police and be sentenced to two months imprisonment, to commence on 1 September 2023.
It be directed that the automatic licence disqualification of three months is to commence on 1 January 2020.
Brent Douglas Collins be convicted of common assault and be sentenced to three months imprisonment, to commence on 1 September 2023.
Brent Douglas Collins be convicted of intimidating an ACT public official and be sentenced to one months imprisonment, to commence on 1 December 2023.
The Good Behaviour Order made on 28 August 2018 be cancelled and the convictions for taking a motor vehicle without consent, obtaining property by deception, damaging property, driving whilst disqualified as a repeat offender, minor theft, driving a motor vehicle without consent and aggravated dangerous driving be confirmed.
The sentence of 15 months and 3 days imprisonment, that was suspended on 28 August 2018, be hereby imposed, to commence on 29 September 2023 and end on 31 December 2024.
A Drug and Alcohol Treatment Order under s 12A of the Crimes (Sentencing) Act 2005 (ACT) be made in respect of Brent Douglas Collins for 24 months from today, in respect of the primary offence of dishonestly driving a motor vehicle without the owner’s consent for which he has been convicted and sentenced.
That Order be extended to the offences of dishonestly driving a motor vehicle without the owner's consent, driving…
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.
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Details
AGLC
R v Collins (No 2) [2021] ACTSC 262
Case
[2021] ACTSC 262
Decision Date
CaseChat Overview and Summary
The case of R v Collins (No 2) was heard in the Supreme Court of the Australian Capital Territory. Brent Douglas Collins was convicted of various offences, including dishonestly driving a motor vehicle without the owner's consent, driving whilst disqualified, damaging property, dangerous driving as a repeat offender, failing to stop when requested by police, common assault, and intimidating an ACT public official. Collins was also convicted of breaching a Good Behaviour Order made in 2019. The court was required to decide on sentencing for these offences, the cancellation of the Good Behaviour Order, and whether to make a Drug and Alcohol Treatment Order.
The court considered the nature and circumstances of the offences, the personal circumstances and antecedents of Collins, the harm done to the victims, and the principles of sentencing. The court also considered the breaches of the Good Behaviour Order and the suitability for a Drug and Alcohol Treatment Order. The court imposed sentences for each offence, with some sentences being partly concurrent to avoid double punishment. The court also cancelled the Good Behaviour Order and imposed a Drug and Alcohol Treatment Order for 24 months, with the total sentence of three years and eight months imprisonment being suspended. The court required Collins to sign an undertaking to comply with the offender's good behaviour obligations and attend court on a specified date.
In summary, the court in R v Collins (No 2) imposed sentences for the various offences committed by Collins, cancelled the Good Behaviour Order, and made a Drug and Alcohol Treatment Order, recognising the need for rehabilitation and the potential for reform. The court considered the principles of sentencing, the personal circumstances of Collins, and the suitability for a Treatment Order in reaching its decision.