SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Crawford (No 1) |
Citation: | [2020] ACTSC 245 |
Hearing Dates: | 28 August, 2 September 2020 |
DecisionDate: | 7 September 2020 |
Before: | Refshauge AJ |
Decision: | 1) Mr Crawford be convicted of the burglary at Dickson, being count 1 on the indictment. 2) For that offence, Mr Crawford be sentenced to 15 months’ imprisonment, to commence on 20 May 2020, backdated to take into account prior custody. 3) Mr Crawford be convicted of the theft of property from Dickson, being count 2 on the indictment. 4) For that offence, Mr Crawford be sentenced to 10 months’ imprisonment, to commence on 20 May 2020. 5) Mr Crawford be convicted of the burglary of the café at the University of Canberra, being count 3 on the indictment. 6) For that offence, Mr Crawford be sentenced to 15 months’ imprisonment, to commence on 20 May 2020. 7) Mr Crawford be convicted of theft from that café at the University of Canberra, being count 4 on the indictment. 8) Mr Crawford be sentenced to 10 months’ imprisonment, to commence on 20 May 2020. 9) Mr Crawford be convicted of the aggravated robbery in Canberra City, being count 5 on the indictment. 10) Mr Crawford be sentenced to four years’ imprisonment, to commence on 20 May 2020. 11) Mr Crawford be convicted of aggravated burglary at Forrest, being count 6 on the indictment. 12) Mr Crawford be sentenced to three years and four months’ imprisonment, to commence on 20 May 2020. 13) Mr Crawford be convicted of theft of property from those premises, being count 7 on the indictment. 14) Mr Crawford be sentenced to 10 months’ imprisonment, to commence on 20 May 2020. 15) Mr Crawford be convicted of aggravated burglary from premises at Hume, being count 8 on the indictment. 16) Mr Crawford be sentenced to three years and four months’ imprisonment, to commence on 20 May 2020. 17) Mr Crawford be convicted of theft from those premises, being count 9 on the indictment. 18) Mr Crawford be sentenced to 10 months’ imprisonment, to commence on 20 May 2020. 19) Mr Crawford be convicted of dishonestly driving a motor vehicle without the owner’s consent, being count 10 on the indictment. 20) Mr Crawford be sentenced to nine months’ imprisonment, to commence on 20 May 2020. 21) Mr Crawford be convicted of the burglary of property of the bar at Dickson, being count 11 on the indictment. 22) Mr Crawford be sentenced to 15 months’ imprisonment, to commence on 20 May 2020. 23) Mr Crawford be convicted of the theft from that bar, being count 12 on the indictment. 24) Mr Crawford be sentenced to 10 months’ imprisonment, to commence on 20 May 2020. 25) Mr Crawford be convicted of trespass at the property at Hackett. 26) Mr Crawford be fined $500 and be allowed 18 months to pay. 27) Mr Crawford be convicted of theft of shoes from that property. 28) Mr Crawford be sentenced… |
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- AGLC
- R v Crawford (No 1) [2020] ACTSC 245
- Case
- [2020] ACTSC 245
- Decision Date
CaseChat Overview and Summary
The legal issues included the compatibility of a suspended sentence with a Drug and Alcohol Treatment Order and the appropriate sentences for each offence considering Mr Crawford's background and circumstances. The court considered whether a suspended sentence could be imposed in conjunction with the treatment order, and how to balance the need for punishment with the potential for rehabilitation.
In reaching its decision, the court found that the suspended sentence was compatible with the treatment order, as it would allow Mr Crawford to participate in a treatment program while still being subject to court supervision. The court also took into account Mr Crawford's background and circumstances, including his childhood deprivation, drug use, and poor mental health. The court considered the evidence of remorse and the prospects of rehabilitation in determining the appropriate sentences for each offence.
The court ordered that Mr Crawford be convicted and sentenced for each offence, with some sentences being suspended and others being served concurrently. Mr Crawford was also placed on a Drug and Alcohol Treatment Order, with conditions for treatment and supervision, and was directed to reside at a specified facility for the length of the program. The court also ordered that Mr Crawford comply with any direction or order of the court about attendance at court and any other treatment or supervision matters.
Orders
Orders of the court
1) Mr Crawford be convicted of the burglary at Dickson, being count 1 on the indictment.
2) For that offence, Mr Crawford be sentenced to 15 months’ imprisonment, to commence on 20 May 2020, backdated to take into account prior custody.
3) Mr Crawford be convicted of the theft of property from Dickson, being count 2 on the indictment.
4) For that offence, Mr Crawford be sentenced to 10 months’ imprisonment, to commence on 20 May 2020.
5) Mr Crawford be convicted of the burglary of the café at the University of Canberra, being count 3 on the indictment.
6) For that offence, Mr Crawford be sentenced to 15 months’ imprisonment, to commence on 20 May 2020.
7) Mr Crawford be convicted of theft from that café at the University of Canberra, being count 4 on the indictment.
8) Mr Crawford be sentenced to 10 months’ imprisonment, to commence on 20 May 2020.
9) Mr Crawford be convicted of the aggravated robbery in Canberra City, being count 5 on the indictment.
10) Mr Crawford be sentenced to four years’ imprisonment, to commence on 20 May 2020.
11) Mr Crawford be convicted of aggravated burglary at Forrest, being count 6 on the indictment.
12) Mr Crawford be sentenced to three years and four months’ imprisonment, to commence on 20 May 2020.
13) Mr Crawford be convicted of theft of property from those premises, being count 7 on the indictment.
14) Mr Crawford be sentenced to 10 months’ imprisonment, to commence on 20 May 2020.
15) Mr Crawford be convicted of aggravated burglary from premises at Hume, being count 8 on the indictment.
16) Mr Crawford be sentenced to three years and four months’ imprisonment, to commence on 20 May 2020.
17) Mr Crawford be convicted of theft from those premises, being count 9 on the indictment.
18) Mr Crawford be sentenced to 10 months’ imprisonment, to commence on 20 May 2020.
19) Mr Crawford be convicted of dishonestly driving a motor vehicle without the owner’s consent, being count 10 on the indictment.
20) Mr Crawford be sentenced to nine months’ imprisonment, to commence on 20 May 2020.
21) Mr Crawford be convicted of the burglary of property of the bar at Dickson, being count 11 on the indictment.
22) Mr Crawford be sentenced to 15 months’ imprisonment, to commence on 20 May 2020.
23) Mr Crawford be convicted of the theft from that bar, being count 12 on the indictment.
24) Mr Crawford be sentenced to 10 months’ imprisonment, to commence on 20 May 2020.
25) Mr Crawford be convicted of trespass at the property at Hackett.
26) Mr Crawford be fined $500 and be allowed 18 months to pay.
27) Mr Crawford be convicted of theft of shoes from that property.
28) Mr Crawford be sentenced to six months’ imprisonment to commence on 20 May 2020.
29) Mr Crawford be convicted of possessing an offensive weapon.
30) Mr Crawford be sentenced to 12 months’ imprisonment to commence on 20 May 2020.
31) Mr Crawford be placed on a Drug and Alcohol Treatment Order in respect of you under s 12A of the Crimes (Sentencing) Act 2005 (ACT) to commence today in respect of the offence of aggravated robbery.
32) Mr Crawford’s sentence of four years be suspended for the aggravated robbery offence and all associated offences for a period of three years under s 80W of the Crimes (Sentencing) Act 2005 (ACT).
33) For the treatment and supervision part of the Drug and Alcohol Treatment Order, Mr Crawford be ordered to comply with the core conditions set out in s 80T of the Crimes (Sentencing) Act 2005 (ACT) for a period of 12 months from today and complete a treatment program as agreed with the treatment order team from time to time or as ordered by the Court.
34) On the completion of the Drug and Alcohol Treatment Order, Mr Crawford be required to sign an undertaking to comply with the offender’s good behaviour obligations for a period of three years from 6 September 2021.
35) Mr Crawford be directed to, upon his release, travel directly to the Karralika Therapeutic Community, to arrive before 1pm and to admit himself to their treatment program.
36) Mr Crawford be directed to reside at that facility for the length of the program and not to leave without leave of the Court and to comply with the rules of the program and the facility.
37) If he is discharged from or leaves the program, Mr Crawford be directed to present himself at ACT Corrective Services by 4 pm on the next business day after his departure to have himself returned to Court for reconsideration of this order.
38) Mr Crawford be directed that he complies with any direction or order of the Court about attendance at Court in person or by electronic means, and any other treatment or supervision matters from time to time.
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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