SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Connors (No 2) |
Citation: | [2022] ACTSC 384 |
Hearing Date: | 4 March 2022 |
DecisionDate: | 7 March 2022 |
Before: | Refshauge AJ |
Decision: | 1. The Application dated 2 March 2022 for cancellation for the Drug and Alcohol Treatment Order made on 15 February 2022 be dismissed. 2. The suspension of imprisonment under the custodial part of the Drug and Alcohol Treatment Order made on 15 February 2022 be reinstated. 3. Stanley Shane Connors proceed directly from the Court precincts today to Canberra Recovery Services, Fyshwick, to arrive no later than 1:00pm today, 7 March 2022. 4. Stanley Shane Connors appear in Court for Review of the Drug and Alcohol Treatment Order on 18 March 2022 at 12:30 pm by electronic means. |
Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment – failure to comply with obligations of Drug and Alcohol Treatment Order – application for cancellation of Drug and Alcohol Treatment Order – unwilling or unlikely to comply with a condition of the offender's Drug and Alcohol Treatment Order – continuation of treatment and supervision order will likely not achieve the objects of the Drug and Alcohol Treatment Order – offender poses unacceptable risk to the safety or welfare of a person in the community – application dismissed. |
Legislation Cited: | Crimes (Sentencing) Act 2005 (ACT) ss 12A, 80M, 80O, 80Y, 80Z, 80ZD, 80ZE, 80ZH |
Cases Cited: | R v Crawford (No 3) [2020] ACTSC 369 |
Parties: | The Queen ( Crown) Stanley Shane Connors ( Offender) |
Representation: | Counsel C Muthurajah ( Crown) C Duffy ( Offender) |
| Solicitors ACT Director of Public Prosecutions ( Crown) Legal Aid ACT ( Offender) | |
File Numbers: | SCC 284 of 2021 SCC 285 of 2021 |
REFSHAUGE AJ:
Introduction
On 15 February 2022, a Drug and Alcohol Treatment Order (Treatment Order) was made under s 12A of the Crimes (Sentencing) Act 2005 (ACT) (Sentencing Act) for Stanley Shane Connors. He had pleaded guilty to an offence of aggravated robbery, two offences of dishonestly driving a motor vehicle without the owner’s consent, two offences of dishonestly riding in a motor vehicle without the owner’s consent, an offence of obtaining property by deception, two offences of driving a motor vehicle while disqualified and an offence of trespass: R v Connors [2022] ACTSC 374 (R v Connors).
Before making the Treatment Order, Mr Connors was sentenced to a total of four years imprisonment.
The Treatment Order required Mr Connors to admit himself to the residential drug rehabilitation program at Canberra Recovery Services, Fyshwick, ACT. That drug rehabilitation agency is described in R v Novakovic (a.k.a Noland) (No 5) [2022] ACTSC 199 at [9]. The Treatment Order also required him, if he left…
Continue reading R v Connors (No 2)
Sign in free to access the full text
- AGLC
- R v Connors (No 2) [2022] ACTSC 384
- Case
- [2022] ACTSC 384
- Decision Date
CaseChat Overview and Summary
The legal issues before the court involved interpreting the conditions of the DAATO and assessing whether Connors' refusal to comply with these conditions warranted the cancellation of the order. The court had to determine if Connors' actions indicated that he was unwilling or unlikely to comply with the DAATO, and if the continuation of the treatment and supervision order would likely not achieve the objects of the DAATO. Furthermore, the court needed to evaluate whether Connors posed an unacceptable risk to the safety or welfare of a person in the community.
The court found that Connors had failed to comply with the obligations of the DAATO, which justified the application for cancellation. However, the court determined that Connors was unwilling or unlikely to comply with a condition of the DAATO. It was also found that the continuation of the treatment and supervision order would likely not achieve the objects of the DAATO, and that Connors posed an unacceptable risk to the safety or welfare of a person in the community. Despite these findings, the court dismissed the application for cancellation, instead reinstating the suspension of imprisonment under the custodial part of the DAATO. The court ordered Connors to proceed to Canberra Recovery Services immediately and attend a review of the DAATO via electronic means on 18 March 2022.
Orders
Orders of the court
1. The Application dated 2 March 2022 for cancellation for the Drug and Alcohol Treatment Order made on 15 February 2022 be dismissed.
2. The suspension of imprisonment under the custodial part of the Drug and Alcohol Treatment Order made on 15 February 2022 be reinstated.
3. Stanley Shane Connors proceed directly from the Court precincts today to Canberra Recovery Services, Fyshwick, to arrive no later than 1:00pm today, 7 March 2022.
4. Stanley Shane Connors appear in Court for Review of the Drug and Alcohol Treatment Order on 18 March 2022 at 12:30 pm by electronic means.
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.