1. Shane John Allen Cook be convicted of aggravated burglary and sentenced to 12 months imprisonment, commencing from 17 May 2021 and expiring on 16 May 2022.
2. Shane John Allen Cook be convicted of theft and sentenced to 2 months imprisonment, commencing from 17 April 2022 and expiring on 16 June 2022.
3. Shane John Allen Cook be convicted of aggravated burglary and sentenced to 15 months imprisonment, commencing from 17 December 2021 and expiring on 16 March 2023.
4. Shane John Allen Cook be convicted of theft and sentenced to 3 months imprisonment, commencing from 17 January 2023 and expiring on 16 April 2023.
5. Shane John Allen Cook be convicted of theft and sentenced to 3 months imprisonment, commencing from 17 February 2023 and expiring on 16 May 2023.
6. Shane John Allen Cook be convicted of driving with a prescribed drug in his blood as a repeat offender and 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) for a period of 12 months and his driving licence be suspended for 12 months, concurrent with any current suspensions.
7. Shane John Allen Cook be convicted of unlicenced driving and be fined $350 with 12 months to pay.
8. The following charges are dismissed: unlawful possession of stolen property, numberplate registration improperly issued, failing to appear, possessing a drug of dependence and possessing a prohibited substance.
9. A Drug and Alcohol Treatment Order under s 12A of the Crimes (Sentencing) Act 2005 (ACT) be made for Shane John Allen Cook for 14 months from today, 17 March 2022, until 16 May 2023 in respect of the primary offence of aggravated burglary, of which he has been convicted and for which he has been sentenced to 12 months imprisonment.
10. That Order be extended to offences of aggravated burglary and theft of which Shane John Allen Cook has been convicted and for which he has been sentenced, and which are associated offences of the primary offence.
11. It be noted that convictions for the primary offence and the associated offences have been recorded and that sentences have been imposed for each of them, which convictions and sentences be hereby incorporated into the Drug and Alcohol Treatment Order in the custodial part of the Order.
12. 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) for 14 months from today, 17 March 2022, until 16 May 2023.
13. 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)…
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.
Continue reading R v Cook
Sign in free to access the full text
Details
AGLC
R v Cook [2022] ACTSC 381
Case
[2022] ACTSC 381
Decision Date
CaseChat Overview and Summary
In the Supreme Court of the Australian Capital Territory, Shane John Allen Cook was sentenced for seven offences committed on 16 October 2020. The offences included two counts of aggravated burglary, three counts of theft, one count of driving with a prescribed drug in his blood, and one count of being an unlicensed driver. The case was heard by Refshauge AJ, who considered the legal principles and factors relevant to sentencing, including the nature and circumstances of the offences, subjective circumstances of the offender, and current sentencing practice. The Court also considered the plea of guilty and the purposes of sentencing. After considering all the relevant factors, the Court imposed a sentence of imprisonment for each offence, with some sentences being concurrent to avoid excessive punishment. The Court also made a Drug and Alcohol Treatment Order for Mr Cook to address his drug dependency and support his rehabilitation.