R v Dawson
[2018] ACTSC 238
•25 May 2018
SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Dawson |
Citation: | [2018] ACTSC 238 |
Hearing Date: | 21 May 2018 |
DecisionDate: | 25 May 2018 |
Before: | Burns J |
Decision: | See [13] – [22] |
Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – two series of offences – burglary – theft – take motor vehicle without consent – escape lawful custody – drug addiction – extensive criminal history – prospects for rehabilitation |
Legislation Cited: | Crimes Act 1900 (ACT) s 160 Criminal Code2002 (ACT) ss 308, 311, 318, 324 Drugs of Dependence Act 1989 (ACT) s 171 |
Parties: | The Queen (Crown) Bradley Dawson (Offender) |
Representation: | Counsel Mr J De Bruin (Crown) Ms K Reardon (Offender) |
| Solicitors ACT Director of Public Prosecutions (Crown) Legal Aid ACT (Offender) | |
File Numbers: | SCC 49 of 2018; SCC 50 of 2018 |
BURNS J
Bradley Dawson, you have pleaded guilty to two series of offences. On 10 December 2017 you committed an offence of burglary, an offence of theft and an offence of taking a motor vehicle without consent. On 14 December 2017 you committed a further offence of burglary, two offences of theft and one offence of escaping lawful custody. You have also pleaded guilty to two matters in the Magistrates Court which have been transferred to this Court: one offence of unlawful possession of stolen property and one offence of possession of a prohibited substance.
The maximum penalty for the offence of burglary, contrary to s 311 of the Criminal Code2002 (ACT) (Criminal Code), is 14 years' imprisonment, a fine of $210,000 or both. The maximum penalty for the offence of theft, contrary to s 308 of the Criminal Code, is 10 years' imprisonment, a fine of $150,000 or both. The maximum penalty for the offence of taking a motor vehicle without consent, contrary to s 318(1) of the Criminal Code, is five years' imprisonment, a fine of $75,000 or both. The maximum penalty for the offence of escaping lawful custody, contrary to s 160 of the Crimes Act1900 (ACT), is five years' imprisonment, a fine of $75,000 or both. The maximum penalty for the offence of unlawful possession of stolen property, contrary to s 324 of the Criminal Code, is six months' imprisonment, a fine of $7,500 or both. The maximum penalty for the offence of possession of a prohibited substance, contrary to s 171(1)(b) of the Drugs of Dependence Act 1989 (ACT), is two years' imprisonment, a fine of $7,500 or both.
You were apprehended by police on 14 December 2017. You first appeared before the Magistrates Court on 15 December 2017 and were charged with the offences which you committed on 14 December 2017. You entered pleas of guilty to these charges on 31 January 2018. On 31 January 2018 you were charged with and entered pleas of not guilty to the charges relating to 10 December 2017. You entered pleas of guilty to those charges on 14 March 2018. On that day the matter was committed to the ACT Supreme Court for sentence.
The offending
With respect to the offences on 10 December 2017, I note that these offences occurred at night and in residential premises. You forced entry to the premises, causing damage to the premises. You also spent in excess of five hours in the premises. It is also an aggravating circumstance that the premises were ransacked, which is calculated to increase the sense of violation and feelings of insecurity on the part of the occupants. With respect to the offence of theft that occurred on that date, items of significant value were taken and have not been recovered. Items of sentimental value or emotional significance were also taken by you, even though they could have had little possible financial value to you.
With respect to the offences on 14 December 2017, I note that the burglary occurred in the very early morning in residential premises and at a time when it may be anticipated that residents would be at home. Indeed, there were two residents at home, including a young child.
Consideration
You have an extensive criminal history, particularly for offences of dishonesty, from 2010 onwards in Western Australia and New South Wales. I note that there are currently warrants outstanding for you in those states. There is no leniency that can be afforded to you based upon your prior criminal history.
I take into account the contents of the Pre‑Sentence Report prepared for the sentence hearing. You are 29 years old and you are an Aboriginal man from the Port Hedland area in Western Australia. You reported having a supportive relationship with your mother. I note, however, that you reported having a somewhat unstable home life as a child as your mother moved around.
You have a five year old son from a relationship which ended some four years ago. You have not had any face-to-face contact with your son since then, but you did report having an amicable relationship with your ex-partner. You left school during Year 10. You have previously held employment as a truck driver and a labourer, but not since 2014. You were on Newstart benefits before being remanded in custody for these matters. You reported having both prosocial and antisocial peers and you claimed to be attempting to avoid your antisocial peers.
You stated that you commenced cannabis use when you were 15 years of age and that you have continued that use since that time. You also reported commencing daily use of methamphetamine at 21 years of age and you continued using that substance until mid‑2017. You attended Benelong's Haven residential rehabilitation facility in 2017 for a period of six weeks. You were exited from that facility due to a positive result from a drug test. I note, however, that random urine drug testing on 1 March 2018 was clear and whilst in custody you have made enquiries about residential rehabilitation programs. I also note that you expressed some remorse to the author of the Pre-Sentence Report for your offending.
10. It was put to me that these offences were committed in order to feed your drug addiction. This is consistent with what you told the author of the Pre-Sentence Report. I note that you commenced illicit drug use at an early age, although your use of harder drugs such as amphetamine type substances commenced when you were a young adult. The fact that offences were committed to feed a drug habit is not mitigatory. It is relevant to your prospects of rehabilitation as cessation of drug use is likely to result in reduction in criminal offending.
11. It is heartening to note your attempted drug rehabilitation at Benelong's Haven in 2017, but it is less encouraging of course that that only lasted for a period of six weeks. It is, however, encouraging that you were prepared to make enquiries about drug rehabilitation whilst you were remanded in custody within the AMC. Your prospects for rehabilitation at the present time must be guarded and depends very significantly on you successfully addressing drug abuse.
In sentencing you I must give significant weight to both specific and general deterrence. I take into account your pleas of guilty. Those were early pleas of guilty with respect to the offences of 14 December 2017, but not so early with regard to the offences of 10 December 2017. However, I accept that all were entered in the Magistrates Court. I propose to reduce the otherwise appropriate sentences for the offences of 14 December 2017 by 25 per cent to reflect your pleas of guilty, and I will reduce the otherwise appropriate sentences for the offences of 10 December 2017 by 20 per cent in order to reflect your plea of guilty. I have given consideration to all sentencing options that are available to me, but in my opinion nothing less than immediate terms of imprisonment are sufficient to satisfy the sentencing requirements in this matter.
Sentence
Offences on 10 December 2017
13. With respect to the offences on 10 December 2017, for the offence of burglary you are convicted and sentenced to two years and four months' imprisonment commencing on 14 December 2017 and expiring on 13 April 2020.
14. With respect to the offence of theft you are convicted and sentenced to two years' imprisonment commencing on 14 June 2019 and expiring on 13 June 2021.
15. With respect to the charge of taking a motor vehicle without consent you are convicted and sentenced to six months' imprisonment commencing on 14 March 2021 and expiring on 13 September 2021.
Offences on 14 December 2017
With respect to the offences of 14 December 2017, on the charge of burglary you are convicted and sentenced to two years and five months' imprisonment commencing on 14 June 2021 and expiring on 13 November 2023.
17. For the offence of theft, that is the first offence of theft from the house, you are convicted and sentenced to 14 months' imprisonment commencing on 14 March 2023 and expiring on 13 May 2024.
18. For the second offence of theft, which involves the theft of material from a car, you are convicted and sentenced to nine months' imprisonment commencing on 14 October 2023 and expiring on 13 July 2024.
19. For each of the offences of escaping and unlawful possession of stolen property, you are convicted and sentenced to one month imprisonment, each commencing on 14 June 2024 and expiring on 13 July 2024.
20. With respect to the offence of possession of a prohibited substance, you will be convicted and sentenced to three months' imprisonment commencing on 14 April 2024 and expiring on 13 July 2024.
Aggregate sentence
21. There will thus be an aggregate sentence of six years and seven months' imprisonment commencing on 14 December 2017 and expiring on 13 July 2024.
22. I have set a non-parole period of four years, commencing on 14 December 2017 and expiring on 13 December 2021.
| I certify that the preceding twenty-two [22] numbered paragraphs are a true copy of the Reasons for Sentence of his Honour Justice Burns Associate: Date: 28 August 2018 |
*****************
Amendment
4 June 2018Paragraph 15: replace “13 September 2022” with “13 September 2021”