SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Connors (No 3) |
Citation: | [2022] ACTSC 391 |
Hearing Date: | 2 December 2022 |
Decision Date: | 8 December 2022 |
Before: | Refshauge AJ |
Decision: | (1) Stanley Shane Connors be convicted of dishonestly taking a motor vehicle without authority (CAN 2046/2022) and be sentenced to 11 months imprisonment to commence on 1 April 2022 and end on 28 February 2023. (2) Stanley Shane Connors be convicted of dishonestly riding in a motor vehicle without consent (CAN 9772/2022) and be sentenced to 8 months imprisonment to commence on 1 March 2023 and end on 31 October 2023. (3) Stanley Shane Connors be convicted of driving while disqualified (CAN 1766/2022) and be sentenced to 6 months imprisonment to commence on 1 August 2023 and end on 31 January 2024. (4) Stanley Shane Connors be convicted of possessing a drug of dependence (CAN 4695/2022) and be sentenced to 1 month imprisonment to commence on 1 February 2024 and end on 29 February 2024. (5) The Drug and Alcohol Treatment Order made on 15 February 2022 be cancelled. (6) Stanley Shane Connors’ conviction for attempted aggravated robbery (CAN 546/2021) be confirmed and the sentence of 31 months imprisonment be imposed to commence on 1 September 2022 and end on 31 March 2025. (7) Stanley Shane Connors’ conviction for riding in a motor vehicle without consent (CAN 2021/2213) be confirmed and the sentence of 8 months imprisonment be imposed to commence on 1 November 2024 and end on 30 June 2025. (8) Stanley Shane Connors’ conviction for driving a motor vehicle without consent (CAN 12168/2020) be confirmed and he be sentenced to 8 months imprisonment to commence on 1 March 2025 and end on 31 October 2025. (9) Stanley Shane Connors’ conviction for driving while disqualified (CAN 12167/2020) be confirmed and the sentence of 5 months imprisonment be imposed to commence on 1 July 2025 and end on 30 November 2025. (10) Stanley Shane Connors’ conviction for riding in a motor vehicle without consent (CAN 12169/2020) be confirmed and the sentence of 8 months imprisonment be imposed to commence on 1 August 2025 and end on 31 March 2026. (11) Stanley Shane Connors’ conviction for driving a motor vehicle without consent (CAN 1123/2021) be confirmed and the sentence of 9 months imprisonment be imposed to commence on 1 October 2025 and end on 30 June 2026. (12) Stanley Shane Connors’ conviction for driving while disqualified (CAN 1126/2021) be confirmed and the sentence of 5 months imprisonment be imposed to commence on 1 March 2026 and end on 31 July 2026. (13) Stanley Shane Connors’ conviction for obtaining property by deception (CAN 1124/2021) be confirmed and the sentenced of 3 months imprisonment be imposed to commence on 1 June 2026 and end on 31 August 2026. (14) A non-parole period of 2 years, commencing on 1 April 2022 and ending on 31 March 2024, be set. |
Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment –… |
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- AGLC
- R v Connors (No 3) [2022] ACTSC 391
- Case
- [2022] ACTSC 391
- Decision Date
CaseChat Overview and Summary
The court considered various factors in determining the sentence for the new charges, including the appellant's disadvantaged childhood, his efforts toward rehabilitation, and his breach of a Drug and Alcohol Treatment Order. The court also evaluated the appellant's pre-sentence custody for other offences, his history of offending, and the need to protect the community. Given these considerations, the court imposed sentences that reflected the seriousness of the offences, the need for deterrence, and the potential for rehabilitation. The sentences were structured to run concurrently to some extent, with a non-parole period set at two years.
In its judgment, the court confirmed the appellant's convictions for all prior offences and consolidated the sentences to ensure they were served effectively. The new sentences were also ordered to run concurrently with certain prior sentences. The court cancelled the Drug and Alcohol Treatment Order due to the appellant's breach and failure to comply with its conditions. The final orders included specific sentences for each charge, a non-parole period, and the cancellation of the treatment order.
Orders
Orders of the court
(1) Stanley Shane Connors be convicted of dishonestly taking a motor vehicle without authority (CAN 2046/2022) and be sentenced to 11 months imprisonment to commence on 1 April 2022 and end on 28 February 2023.
(2) Stanley Shane Connors be convicted of dishonestly riding in a motor vehicle without consent (CAN 9772/2022) and be sentenced to 8 months imprisonment to commence on 1 March 2023 and end on 31 October 2023.
(3) Stanley Shane Connors be convicted of driving while disqualified (CAN 1766/2022) and be sentenced to 6 months imprisonment to commence on 1 August 2023 and end on 31 January 2024.
(4) Stanley Shane Connors be convicted of possessing a drug of dependence (CAN 4695/2022) and be sentenced to 1 month imprisonment to commence on 1 February 2024 and end on 29 February 2024.
(5) The Drug and Alcohol Treatment Order made on 15 February 2022 be cancelled.
(6) Stanley Shane Connors’ conviction for attempted aggravated robbery (CAN 546/2021) be confirmed and the sentence of 31 months imprisonment be imposed to commence on 1 September 2022 and end on 31 March 2025.
(7) Stanley Shane Connors’ conviction for riding in a motor vehicle without consent (CAN 2021/2213) be confirmed and the sentence of 8 months imprisonment be imposed to commence on 1 November 2024 and end on 30 June 2025.
(8) Stanley Shane Connors’ conviction for driving a motor vehicle without consent (CAN 12168/2020) be confirmed and he be sentenced to 8 months imprisonment to commence on 1 March 2025 and end on 31 October 2025.
(9) Stanley Shane Connors’ conviction for driving while disqualified (CAN 12167/2020) be confirmed and the sentence of 5 months imprisonment be imposed to commence on 1 July 2025 and end on 30 November 2025.
(10) Stanley Shane Connors’ conviction for riding in a motor vehicle without consent (CAN 12169/2020) be confirmed and the sentence of 8 months imprisonment be imposed to commence on 1 August 2025 and end on 31 March 2026.
(11) Stanley Shane Connors’ conviction for driving a motor vehicle without consent (CAN 1123/2021) be confirmed and the sentence of 9 months imprisonment be imposed to commence on 1 October 2025 and end on 30 June 2026.
(12) Stanley Shane Connors’ conviction for driving while disqualified (CAN 1126/2021) be confirmed and the sentence of 5 months imprisonment be imposed to commence on 1 March 2026 and end on 31 July 2026.
(13) Stanley Shane Connors’ conviction for obtaining property by deception (CAN 1124/2021) be confirmed and the sentenced of 3 months imprisonment be imposed to commence on 1 June 2026 and end on 31 August 2026.
(14) A non-parole period of 2 years, commencing on 1 April 2022 and ending on 31 March 2024, be set.
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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