SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Connors |
Citation: | [2022] ACTSC 374 |
Hearing Date: | 11 February 2022 |
DecisionDate: | 15 February 2022 |
Before: | Refshauge AJ |
Decision: | (1) Stanley Shane Connors be convicted of attempted aggravated robbery and sentenced to 31 months imprisonment to commence on 29 November 2021 and to end on 28 June 2024. (2) Stanley Shane Connors be convicted of riding a motor vehicle without the owner's consent on 6 January 2021 and sentenced to eight months imprisonment to commence on 29 January 2024 and end on 28 September 2024. (3) Stanley Shane Connors be convicted of driving a motor vehicle without the owner's consent on 5 October 2020 and sentenced to eight months imprisonment to commence on 30 May 2024 and end on 29 January 2025. (4) Stanley Shane Connors be convicted of driving whilst disqualified as a repeat offender and sentenced to five months imprisonment to commence on 1 October 2024 and end on 28 February 2025. On the drive whilst disqualified, there is an automatic disqualification of your licence for 24 months. (5) Stanley Shane Connors be convicted of riding in a motor vehicle without consent on 6 October 2020 and sentenced to eight months imprisonment to commence on 29 October 2024 and end on 28 June 2025. (6) Stanley Shane Connors be convicted of driving a motor vehicle without the owner's consent on 3 January 2021 and sentenced to nine months imprisonment to commence on 29 December 2024 and expire on 28 September 2025. (7) Stanley Shane Connors be convicted of driving whilst disqualified as a repeat offender and sentenced to five months imprisonment to commence on 29 May 2025 and expire on 28 October 2025. This offence also entails an automatic disqualification for 24 months, which the Court orders to be concurrent with the above disqualification for driving while disqualified as a repeat offender under s 69 of the Road Transport (General) Act 1999 (ACT). (8) Stanley Shane Connors be convicted of obtaining property by deception and sentenced to three months imprisonment commencing on 29 August 2025 and expiring on 28 November 2025. (9) Stanley Shane Connors be convicted of trespass and required to sign an undertaking to comply with the Good Behaviour Order obligations under the Crimes (Sentencing Administration) Act 2005 (ACT) for a period of three months from today. (10) The Court directs that a Drug and Alcohol Treatment Order under s 12A of the Crimes (Sentencing) Act 2005 (ACT) be made for Stanley Shane Connors for two years from today, ending on 14 February 2024, in respect of the primary offence of attempted aggravated robbery of which he has been convicted and for which he has been sentenced to two years and seven months imprisonment. (11) That order be extended to the offences of dishonestly riding in a motor vehicle without the owner’s consent, dishonestly driving a motor vehicle without the owner’s consent, driving whilst disqualified as a repeat offender, dishonestly riding in a motor vehicle… |
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- AGLC
- R v Connors [2022] ACTSC 374
- Case
- [2022] ACTSC 374
- Decision Date
CaseChat Overview and Summary
The legal issues before the court involved the sentencing principles applicable to each offence, including the aggravating and mitigating factors. The court considered Connors’ disadvantaged childhood, his drug addiction, and the subjective circumstances of each offence. The court also had to balance the need for punishment with the opportunity for rehabilitation, particularly given Connors’ substance abuse issues.
The court decided to impose a series of custodial sentences for each offence, with varying commencement and expiry dates to ensure that the sentences run concurrently where possible. The court also ordered a Drug and Alcohol Treatment Order for two years, with the custodial part of the order suspended for three years and three months. Additionally, a Good Behaviour Order was imposed for the period after the Drug and Alcohol Treatment Order, with supervision conditions.
The final orders included convictions for each offence, specific sentences for each, the Drug and Alcohol Treatment Order, and the Good Behaviour Order, along with directions for reporting and compliance with treatment and supervision requirements.
Orders
Orders of the court
(1) Stanley Shane Connors be convicted of attempted aggravated robbery and sentenced to 31 months imprisonment to commence on 29 November 2021 and to end on 28 June 2024.
(2) Stanley Shane Connors be convicted of riding a motor vehicle without the owner's consent on 6 January 2021 and sentenced to eight months imprisonment to commence on 29 January 2024 and end on 28 September 2024.
(3) Stanley Shane Connors be convicted of driving a motor vehicle without the owner's consent on 5 October 2020 and sentenced to eight months imprisonment to commence on 30 May 2024 and end on 29 January 2025.
(4) Stanley Shane Connors be convicted of driving whilst disqualified as a repeat offender and sentenced to five months imprisonment to commence on 1 October 2024 and end on 28 February 2025. On the drive whilst disqualified, there is an automatic disqualification of your licence for 24 months.
(5) Stanley Shane Connors be convicted of riding in a motor vehicle without consent on 6 October 2020 and sentenced to eight months imprisonment to commence on 29 October 2024 and end on 28 June 2025.
(6) Stanley Shane Connors be convicted of driving a motor vehicle without the owner's consent on 3 January 2021 and sentenced to nine months imprisonment to commence on 29 December 2024 and expire on 28 September 2025.
(7) Stanley Shane Connors be convicted of driving whilst disqualified as a repeat offender and sentenced to five months imprisonment to commence on 29 May 2025 and expire on 28 October 2025. This offence also entails an automatic disqualification for 24 months, which the Court orders to be concurrent with the above disqualification for driving while disqualified as a repeat offender under s 69 of the Road Transport (General) Act 1999 (ACT).
(8) Stanley Shane Connors be convicted of obtaining property by deception and sentenced to three months imprisonment commencing on 29 August 2025 and expiring on 28 November 2025.
(9) Stanley Shane Connors be convicted of trespass and required to sign an undertaking to comply with the Good Behaviour Order obligations under the Crimes (Sentencing Administration) Act 2005 (ACT) for a period of three months from today.
(10) The Court directs that a Drug and Alcohol Treatment Order under s 12A of the Crimes (Sentencing) Act 2005 (ACT) be made for Stanley Shane Connors for two years from today, ending on 14 February 2024, in respect of the primary offence of attempted aggravated robbery of which he has been convicted and for which he has been sentenced to two years and seven months imprisonment.
(11) That order be extended to the offences of dishonestly riding in a motor vehicle without the owner’s consent, dishonestly driving a motor vehicle without the owner’s consent, driving whilst disqualified as a repeat offender, dishonestly riding in a motor vehicle without the owner’s consent, dishonestly driving a motor vehicle without the owner’s consent, driving whilst disqualified as a repeat offender and obtaining property by deception of which he has been convicted and for which he has been sentenced and which are associated offences of the primary offence.
(12) The convictions for the primary offence and the associated offences have been recorded and sentences have been imposed for each of them, which convictions and sentences are hereby incorporated into the Drug and Alcohol Treatment Order in the custodial part of the Order.
(13) 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 15 February 2022 to 28 November 2025.
(14) Under s 80ZA of the Crimes (Sentencing) Act 2005, Stanley Shane Connors is 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, 15 February 2024, until the end of the sentence, 28 November 2025, 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.
(15) 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 are hereby imposed;
b. Stanley Shane Connors be released directly from the Alexander Maconochie Centre no later than 2:00 pm today, 15 February 2022, into the company of employees of Canberra Recovery Services to travel directly to its facility at Fyshwick and admit himself to the residential drug rehabilitation program at that facility;
c. Stanley Shane Connors be directed to complete the residential drug rehabilitation program at Canberra Recovery Services, not to leave the facility until he has completed the program and to comply with all the directions of the person in charge of the program and all the rules of the program and the facility;
d. Should Stanley Shane Connors leave or be discharged from the program before completing it, he is to report to ACT Corrective Services by 4:00 pm on the next business day with a view to having his Drug and Alcohol Treatment Order reviewed;
e. Stanley Shane Connors is to further 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 about where he resides, with whom he associates and his attendance from time to time; and
f. Stanley Shane Connors be directed to comply with any directions of the Court from time to time about attendance at Court in person or by electronic means.
(16) Stanley Shane Connors be directed to appear by electronic means in Court on Friday 25 February 2022 at 12:30 pm.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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