R v Crawford (a pseudonym)

Case [2022] ACTSC 166

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Crawford (a pseudonym)

Citation:

[2022] ACTSC 166

Hearing Date:

11 July 2022

DecisionDate:

11 July 2022

Before:

Elkaim J

Decision:

(i)     For the offence of driving a motor vehicle without consent the offender is sentenced to 4 months and 14 days imprisonment (reduced from six months) to commence on 14 July 2022 and end on 27 November 2022.

(ii)    For the second offence of driving a motor vehicle without consent the offender is sentenced to 4 months and 14 days imprisonment (reduced from six months) to commence on 15 September 2022 and end on 28 January 2023.

(iii)    For the offence of aggravated driving the offender is sentenced to 6 months imprisonment (reduced from eight months) to commence on 15 December 2022 and end on 14 June 2023.

(iv)   For the second offence of aggravated driving the offender is sentenced to 6 months imprisonment (reduced from eight months) to commence on 15 March 2023 and end on 14 September 2023.

(v) For the offence of driving at or near police contrary to s 29A of the Crimes Act 1900 the offender is sentenced to 12 months imprisonment (reduced from 16 months) to commence on 13 September 2023 and end on 12 September 2024.

(vi)   For the count of driving while disqualified the offender is sentenced to 3 months imprisonment to commence on 14 July 2022 and end on 13 October 2022.

(vii)  For the second count of driving while disqualified the offender is sentenced to 3 months imprisonment to commence on 14 July 2022 and end on 13 October 2022.

(viii)  For the offence of possessing a drug of dependence the offender is sentenced to 3 months imprisonment to commence on 14 July 2022 and end on 13 October 2022.

(ix)   The total period of imprisonment is 2 years, 1 month and 30 days to commence on 14 July 2022 and end on 12 September 2024.

(x)    The above imprisonment is to be served by way of an Intensive Corrections Order subject to core conditions.

(xi)   It is noted that the disqualifications of the offender’s drivers licence follow automatically.

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – driving a motor vehicle without consent – aggravated driving – driving at or near police – driving while disqualified – possessing a drug of dependence – where offender has criminal history as a juvenile – where offender assessed as suitable for an Intensive Corrections Order

Legislation Cited:

Crimes Act 1900 (ACT)s 29A

Criminal Code 2002 (ACT) s 318
Crimes (Sentencing) Act 2005 (ACT) ss 6, 7 and 33
Road Transport (Driver Licensing) Act 1999 (ACT) s 32
Road Transport (Safety and Traffic Management) Act 1999 (ACT) s 7

Drug of Dependence Act 1989 (ACT) s 169

Parties:

The Queen ( Crown)

Zack Crawford (a pseudonym) ( Offender)

Representation:

Counsel

M Howe ( Crown)

J Cooper ( Offender)

Solicitors

ACT Director of Public Prosecutions (…

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Details
AGLC
R v Crawford (a pseudonym) [2022] ACTSC 166
Case
[2022] ACTSC 166
Decision Date

CaseChat Overview and Summary

The case of R v Crawford involved a defendant with a significant criminal history, facing multiple charges including driving a motor vehicle without consent, aggravated driving, driving at or near police, and possession of a drug of dependence. The matter was heard in a court with jurisdiction over serious criminal offences. The defendant, who had previously been assessed as suitable for an Intensive Corrections Order, was sentenced on multiple counts. The court had to decide the appropriate sentence considering the defendant's extensive criminal history, particularly in light of recommendations for an Intensive Corrections Order.

The legal issues the court needed to address included the appropriate level of punishment for each offence, taking into account the defendant's previous criminal record and the recommendation for an Intensive Corrections Order. The court was also required to balance the need for punishment and deterrence against the potential benefits of rehabilitation through an Intensive Corrections Order. The court had to determine the specific sentences for each offence and how these should be served, considering both the statutory maximum penalties and the defendant's suitability for an alternative sentencing option.

In delivering the judgment, the court acknowledged the defendant's extensive criminal history and the recommendation for an Intensive Corrections Order. The court found that while the offences warranted significant punishment, an Intensive Corrections Order would provide an opportunity for rehabilitation and potentially reduce the risk of reoffending. The court imposed a total sentence of 2 years, 1 month and 30 days imprisonment, to be served under an Intensive Corrections Order, with each sentence running concurrently where possible. The court also noted that the disqualifications of the defendant's driver's licence would follow automatically.

The final orders included specific sentences for each offence, with the total period of imprisonment to be served under an Intensive Corrections Order. The sentences were structured to commence and end on certain dates, with some sentences running concurrently to ensure the overall period of imprisonment was as directed. The court also noted that the disqualifications of the defendant's driver's licence would follow automatically as a result of the convictions.

Orders

Orders of the court

(i) For the offence of driving a motor vehicle without consent the offender is sentenced to 4 months and 14 days imprisonment (reduced from six months) to commence on 14 July 2022 and end on 27 November 2022.

(ii) For the second offence of driving a motor vehicle without consent the offender is sentenced to 4 months and 14 days imprisonment (reduced from six months) to commence on 15 September 2022 and end on 28 January 2023.

(iii) For the offence of aggravated driving the offender is sentenced to 6 months imprisonment (reduced from eight months) to commence on 15 December 2022 and end on 14 June 2023.

(iv) For the second offence of aggravated driving the offender is sentenced to 6 months imprisonment (reduced from eight months) to commence on 15 March 2023 and end on 14 September 2023.

(v) For the offence of driving at or near police contrary to s 29A of the Crimes Act 1900 the offender is sentenced to 12 months imprisonment (reduced from 16 months) to commence on 13 September 2023 and end on 12 September 2024.

(vi) For the count of driving while disqualified the offender is sentenced to 3 months imprisonment to commence on 14 July 2022 and end on 13 October 2022.

(vii) For the second count of driving while disqualified the offender is sentenced to 3 months imprisonment to commence on 14 July 2022 and end on 13 October 2022.

(viii) For the offence of possessing a drug of dependence the offender is sentenced to 3 months imprisonment to commence on 14 July 2022 and end on 13 October 2022.

(ix) The total period of imprisonment is 2 years, 1 month and 30 days to commence on 14 July 2022 and end on 12 September 2024.

(x) The above imprisonment is to be served by way of an Intensive Corrections Order subject to core conditions.

(xi) It is noted that the disqualifications of the offender’s drivers licence follow automatically.

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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