R v Dawson

Case [2022] ACTSC 64


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Dawson

Citation:

[2022] ACTSC 64

Hearing Dates:

10 February 2022

28 March 2022

DecisionDate:

31 March 2022

Before:

McWilliam AJ

Decision:

See [95]

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and punishment – sentence – attempted burglary – burglary – damaging property – theft – aggravated burglary – drive motor vehicle without consent – where offender already serving custodial sentence – where DATO unavailable

Legislation Cited:

Criminal Code 2002 (ACT) ss 44, 45A, 308, 311, 312, 318, 403

Crimes (Sentencing) Act 2005 (ACT) ss 12A, 27, 33, 63

Cases Cited:

Barbaro v The Queen; Zirilli v The Queen [2014] HCA 2; 253 CLR 58

Blundell v The Queen [2019] ACTCA 34
Crawford v Laverty [2008] ACTSC 107
Dawson v The Queen [2019] ACTCA 9
Forster-Jones v The Queen [2020] ACTCA 31
High v Willis [2008] ACTSC 88
Hili v The Queen [2010] HCA 45; 242 CLR 520
Kelly v Ashby [2015] ACTSC 346
Millard v The Queen [2020] ACTCA 20
Muldrock v The Queen [2011] HCA 39
R v BI (No 4) [2017] ACTSC 71
R v Booth [2017] ACTSC 191
R v Bright [2017] ACTSC 328
R v Crawford (No 1) [2020] ACTSC 245
R v Forrest (No 2) [2017] ACTSC 83
R v Hancock [2021] ACTSC 52
R v Horne [2017] ACTSC 333
R v John [2017] ACTSC 144
R v Leighton [2016] ACTSC 354
R v Massey (No 1) [2020] ACTSC 256
R v Moore [2021] ACTSC 333
R v Pahl (No 2) [2017] ACTSC 155
R v Parker [2018] ACTSC 55
R v Parker [2020] ACTSC 38
R v Tran [1999] NSWCCA 109
R v Wallace [2007] NSWCCA 63
R v Williams-Savage [2021] ACTSC 271
Simonds v The Queen [2013] ACTCA 13
Taylor v R [2014] ACTCA 9
The Queen v Hawkins [2015] ACTSC 333
Thomas v R [2019] NSWCCA 265

Parties:

 The Queen ( Crown)

 Bradley Caine Dawson ( Offender)

Representation:

Counsel

J Hiscox ( Crown)

F J Purnell SC ( Offender)

Solicitors

 ACT DPP ( Crown)

 Aulich Criminal Law ( Offender)

File Number:

SCC 169 of 2021

SCC 170 of 2021

McWilliam AJ:

  1. Bradley Caine Dawson (the offender) is before the Court for sentence, having pleaded guilty on 11 November 2021 to the following offences:

(a)Count 1: attempted burglary, contrary to s 311(1)(a) of the Criminal Code 2002 (ACT) by virtue of s 44.

(b)Count 2: attempted burglary, contrary to s 311(1)(a) of the Criminal Code 2002 (ACT) by virtue of s 44.

(c)Count 3: attempted burglary, contrary to s 311(1)(a) of the Criminal Code 2002 (ACT) by virtue of s 44.

(d)Count 4: attempted burglary, contrary to s 311(a) of the Criminal Code 2002 (ACT) by virtue of s 44.

(e)Count 5: burglary, contrary to s 311 of the Criminal Code 2002 (ACT).

(f)Count 6: damage property, contrary to s 403(1) of the Criminal Code 2002 (ACT).

(g)Count 7: aggravated burglary, contrary to s…

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AGLC
R v Dawson [2022] ACTSC 64
Case
[2022] ACTSC 64
Decision Date

CaseChat Overview and Summary

Bradley Caine Dawson pleaded guilty to a series of offences committed on 30 April 2021 in the ACT. The Supreme Court of the Australian Capital Territory, presided over by McWilliam AJ, sentenced Dawson on 31 March 2022. The court was required to consider the objective seriousness of the offences, the subjective circumstances of Dawson, and the impact of his guilty pleas. The court also had to consider Dawson's eligibility for a Drug and Alcohol Treatment Order (DATO), as well as the principles of totality and finality.

The court found the objective seriousness of the offences to range from low to high, depending on the nature of the offence and the circumstances surrounding it. The subjective circumstances of Dawson, including his extensive criminal history, substance abuse issues, and lack of connection to the community, were also taken into account. Dawson's guilty pleas were considered, resulting in a 20% discount on the proposed sentences.

Due to Dawson already serving a custodial sentence for similar offences, he was ineligible for a DATO. The court rejected proposals to adjourn the sentencing or split the offences to make Dawson eligible for a DATO, as these options would circumvent the principles of totality and finality and legislative intention.

The court structured the sentences to ensure a significant period of supervision, allowing for targeted rehabilitative intervention programs during that time. The total sentence was set at 3 years and 8 months, with a non-parole period of 18 months.

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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