SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Crawford (No 4) |
Citation: | [2021] ACTSC 209 |
Hearing Date(s): | 2 July 2021 |
DecisionDate: | 2 July 2021 |
Before: | Refshauge AJ |
Decision: | 1. The Drug and Alcohol Treatment Order made on 7 September 2020 and amended on 23 October 2020 be cancelled. 2. The convictions and sentences imposed on 7 September 2020 for the offences to which Mr Crawford has pleaded guilty be confirmed. 3. It be declared that under s 80ZE of the Crimes (Sentencing) Act 2005 (ACT) the total sentence is four years imprisonment, to commence on 13 February 2021 and end of 12 February 2025. 4. A non-parole period of two years, commencing on 13 February 2021 and ending on 12 February 2023, be set. 5. The Good Behaviour Order made on 7 September 2020 be cancelled. |
Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – Drug and Alcohol Treatment Order - Cancellation of Order - Childhood Disadvantage – Failures to commit to Residential Rehabilitation - Imposition of Original Sentence |
Legislation Cited: | Crimes (Sentencing) Act 2005 (ACT) s 12A Legislation Act 2001 (ACT) s 145(b) Sentencing (Drug and Alcohol Treatment Orders) Legislation Amendment Act 2019 (ACT) |
Cases Cited: | Bugmy v The Queen [2013] HCA 37; 249 CLR 571 R v Crawford (No 1) [2020] ACTSC 245 |
Parties: | The Queen (Crown) Peter Michael Crawford (Offender) |
Representation: | Counsel C Muthurajah (Crown) C Duffy (Offender) |
| Solicitors ACT Director of Public Prosecutions (Crown) Legal Aid ACT (Offender) | |
File Number(s): | SCC 349 of 2019 SCC 170 of 2020 |
REFSHAUGE AJ
Introduction
The Drug and Alcohol Sentencing List of the ACT Supreme Court was established to administer the Drug and Alcohol Treatment Orders (Treatment Orders) created by s 12A of the Crimes (Sentencing) Act 2005 (ACT) (the Sentencing Act), which is an important sentencing option for courts to impose on those offenders who are dependent on the consumption of alcohol or illicit drugs and whose dependency contributes substantially to the commission of the crimes for which the offender is to be sentenced.
As Treatment Orders were only introduced into the Sentencing Act by the Sentencing (Drug and Alcohol Treatment Orders) Legislation Amendment Act 2019 (ACT) which commenced on 9 October 2019, they are a relatively recent creation and, to date, only three participants have actually graduated successfully through the three phases of the regime established by the Orders. The List, of course, was established as a form of Drug Court and these have been in operation since, at least, 1989 globally and 1999 in Australia, though the first Treatment Orders were not made in this Territory until 15 January 2020.
As this is a relatively new sentencing disposition for the Court to use, there are many offenders who may have tried…
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- R v Crawford (No 4) [2021] ACTSC 209
- Case
- [2021] ACTSC 209
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CaseChat Overview and Summary
The grounds for cancellation were that Mr Crawford was unwilling or unlikely to comply with a condition of a Treatment Order, that the continuation of the Treatment and Supervision part of the Treatment Order would not likely achieve the objects of the Treatment Order, and that Mr Crawford posed an unacceptable risk to the safety or welfare of a person. The court found that all three grounds were made out on the balance of probabilities. Mr Crawford had left residential rehabilitation facilities on two occasions, failed to report as required, and committed further offences in Victoria. His neurological condition and lack of motivation also contributed to the court's decision.
In light of the findings, the court cancelled the Drug and Alcohol Treatment Order and imposed the original sentence of four years imprisonment, with a non-parole period of two years. The court also cancelled the Good Behaviour Order made on 7 September 2020. The decision took into account the offender's childhood disadvantage but concluded that the offender's repeated failures to engage in rehabilitation justified the cancellation of the Treatment Order and the imposition of the original sentence.
Orders
Orders of the court
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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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