1. Daniel Donnelly be convicted of the first offence of aggravated burglary and be sentenced to 18 months imprisonment, to commence 8 January 2020 and expire 7 July 2021.
2. Daniel Donnelly be convicted of dishonestly riding in a motor vehicle and be sentenced to six months imprisonment, to commence 8 May 2021 and expire 7 November 2021.
3. Daniel Donnelly be convicted of the second offence of aggravated burglary and be sentenced to 18 months imprisonment, to commence 8 January 2021 and expire 7 July 2022.
4. Daniel Donnelly be convicted of theft by joint commission and be sentenced to 12 months imprisonment, to commence 8 October 2021 and expire 7 October 2022.
5. Daniel Donnelly be convicted of damaging property by joint commission and be sentenced to 12 months imprisonment, to commence 8 January 2022 and expire 7 January 2023.
6. Daniel Donnelly be convicted of attempting to take motor vehicle without consent by joint commission and be sentenced to 12 months imprisonment, to commence 8 March 2022 and expire 7 March 2023.
7. Daniel Donnelly be convicted of obtaining property by deception by joint commission and be sentenced to six months imprisonment, to commence 8 October 2022 and expire 7 April 2023.
8. Daniel Donnelly be convicted of the first offence of taking a motor vehicle without consent by joint commission and be sentenced to 12 months imprisonment, to commence on 8 August 2022 and expire 7 August 2023.
9. Daniel Donnelly be convicted of the second offence of taking a motor vehicle without consent by joint commission and be sentenced to 12 months imprisonment, to commence 8 December 2022 and expire 7 December 2023.
10. Daniel Donnelly be convicted of the first offence of trespass and be required to sign an undertaking to comply with the offenders Good Behaviour Obligations under s 85 of the Crimes (Sentence Administration) Act 2005 (ACT) for a period of nine months, to commence today, 23 June 2021 and expire 22 March 2022.
11. Daniel Donnelly be convicted of aggravated dangerous driving and be sentenced to 6 months imprisonment, to commence 8 July 2023 and expire 7 January 2024.
12. Daniel Donnelly be convicted of driving while disqualified and be sentenced to six months imprisonment, to commence 8 July 2023 and expire 7 January 2024.
13. Daniel Donnelly be convicted of the second offence of trespass and be sentenced to sign an undertaking to comply with the offenders Good Behaviour Obligations under s 85 of the Crimes (Sentence Administration) Act 2005 (ACT) for a period of 12 months, to commence 23 March 2022 and expire 22 March 2023.
14. A Drug and Alcohol Treatment Order under s 12A of the Crimes (Sentencing) Act 2005 (ACT) be made for Daniel Donnelly for two years, to commence today,…
Grounds of appeal
[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.
[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.
[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.
Consideration
[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.
[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.
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Details
AGLC
R v Donnelly [2021] ACTSC 336
Case
[2021] ACTSC 336
Decision Date
CaseChat Overview and Summary
This case was heard by Refshauge AJ in the Supreme Court of the Australian Capital Territory. The accused, Daniel Donnelly, was convicted of multiple offences, including aggravated burglary, theft, and driving without consent. The court considered the nature and circumstances of the offences, the background and circumstances of the offender, and the principles of sentencing. Refshauge AJ found that Donnelly's childhood disadvantage, drug use, and association with anti-social peers contributed to his criminal behaviour. The court also considered the principles of punishment, including deterrence, protection of the community, and rehabilitation. Refshauge AJ sentenced Donnelly to a total of four years imprisonment, partially suspended, and ordered a Drug and Alcohol Treatment Order for two years. The judge emphasised the importance of rehabilitation and encouraged Donnelly to work on his talents and connect with his family.