R v Dowling (No 2)

Case [2021] ACTSC 200

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Dowling (No 2)

Citation:

[2021] ACTSC 200

Hearing Date(s):

19 March 2021

26 March 2021

DecisionDate:

6 April 2021

Before:

Refshauge AJ

Decision:

1.     Akira Dowling be convicted of obtaining property by deception on 8 March 2020 and be sentenced to six months imprisonment, to commence on 5 August 2020.

2.     Akira Dowling be convicted of attempting to escape arrest on 8 March 2020 and be sentenced to three months imprisonment, to commence on 5 December 2020.

3.     Akira Dowling be convicted of the first offence of unlawful possession of stolen property on 8 March 2020 and be sentenced to three months imprisonment, to commence on 5 January 2021.

4.     Akira Dowling be convicted of the second offence of unlawful possession of stolen property on 8 March 2020 and be sentenced to three months imprisonment, to commence on 5 February 2021.

5.     Akira Dowling be convicted of the third offence of unlawful possession of stolen property on 8 March 2020 and be sentenced to three months imprisonment, to commence on 5 March 2021. 

6.     Akira Dowling be convicted of the fourth offence of unlawful possession of stolen property on 8 March 2020 and be sentenced to three months imprisonment, to commence on 5 April 2021.

7.     Akira Dowling be convicted of burglary on 13 April 2020 and be sentenced to 10 months imprisonment, to commence on 5 July 2021.

8.     Akira Dowling be convicted of theft on 13 April 2020 and be sentenced to four months imprisonment, to commence on 5 July 2021.

9.     Akira Dowling be convicted of obtaining property by deception on 13 April 2020 and be sentenced to seven months imprisonment, to commence on 5 December 2021. 

10.   Akira Dowling be convicted of dishonestly driving a motor vehicle without the owner's consent on 13 April 2020 and be sentenced to nine months imprisonment, to commence on 5 January 2022.

11. Akira Dowling be convicted of driving a motor vehicle while unlicensed on 15 April 2020, and, as the sentence, be required to sign an undertaking to comply with the offender's good behaviour obligations under s 85 of the Crimes (Sentence Administration) Act 2005 (ACT) for 12 months from 6 April 2021.

12.   Akira Dowling be convicted of failing to stop when signalled by police on 15 April 2020 and be sentenced to six months imprisonment, to commence on 5 January 2022.

13.   Akira Dowling be convicted of aggravated dangerous driving on 15 April 2020 and be sentenced to 10 months imprisonment, to commence on 5 April 2022.

14. Akira Dowling be convicted of using a motor vehicle with number plates issued for another vehicle on 20 April 2020, and, as the sentence, be required to sign an undertaking to comply with the offender's good behaviour obligations under s 85 of the Crimes (Sentence Administration) Act 2005 (ACT) for a period of six months from 6 April 2022.

15. Akira Dowling be convicted of driving whilst…

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AGLC
R v Dowling (No 2) [2021] ACTSC 200
Case
[2021] ACTSC 200
Decision Date

CaseChat Overview and Summary

In the case of R v Dowling (No 2), the respondent, Akira Dowling, was convicted of multiple criminal offences and sentenced by the ACT Supreme Court. The charges against Dowling included obtaining property by deception, attempting to escape arrest, unlawful possession of stolen property, burglary, theft, dishonestly driving a motor vehicle without the owner's consent, driving while unlicensed, failing to stop when signalled by police, aggravated dangerous driving, using a motor vehicle with number plates issued for another vehicle, being involved in a collision and failing to give particulars, driving while having a prescribed drug in her oral fluid, minor theft, and failing to appear in accordance with a bail undertaking. The court was tasked with deciding the appropriate sentences for each offence and the overall punishment to be imposed on Dowling.

The court considered the nature, circumstances, and seriousness of the offences, as well as Dowling's criminal history and the need for deterrence and rehabilitation. Dowling had a significant criminal history, with multiple convictions for similar offences. The court found that Dowling's offending was driven by a pattern of drug and alcohol abuse, and that she needed treatment and rehabilitation to address these underlying issues. As a result, the court decided to impose a sentence that included both custodial and non-custodial elements, with a focus on rehabilitation and support for Dowling.

The court sentenced Dowling to a total of four years imprisonment, to be suspended until 4 August 2024. Dowling was also required to comply with a Drug and Alcohol Treatment Order, which included a residential drug rehabilitation program, treatment and counselling, and other conditions aimed at addressing her drug and alcohol issues. Dowling was also required to sign an undertaking to comply with good behaviour obligations for a period of time following her release from custody.

In summary, the court imposed a sentence that balanced the need for punishment, deterrence, and rehabilitation, taking into account Dowling's criminal history and underlying issues with drug and alcohol abuse. The court's decision aimed to address the root causes of Dowling's offending and provide her with the support and treatment needed to reduce the likelihood of reoffending in the future.

Orders

Orders of the court

1. Akira Dowling be convicted of obtaining property by deception on 8 March 2020 and be sentenced to six months imprisonment, to commence on 5 August 2020.

2. Akira Dowling be convicted of attempting to escape arrest on 8 March 2020 and be sentenced to three months imprisonment, to commence on 5 December 2020.

3. Akira Dowling be convicted of the first offence of unlawful possession of stolen property on 8 March 2020 and be sentenced to three months imprisonment, to commence on 5 January 2021.

4. Akira Dowling be convicted of the second offence of unlawful possession of stolen property on 8 March 2020 and be sentenced to three months imprisonment, to commence on 5 February 2021.

5. Akira Dowling be convicted of the third offence of unlawful possession of stolen property on 8 March 2020 and be sentenced to three months imprisonment, to commence on 5 March 2021.

6. Akira Dowling be convicted of the fourth offence of unlawful possession of stolen property on 8 March 2020 and be sentenced to three months imprisonment, to commence on 5 April 2021.

7. Akira Dowling be convicted of burglary on 13 April 2020 and be sentenced to 10 months imprisonment, to commence on 5 July 2021.

8. Akira Dowling be convicted of theft on 13 April 2020 and be sentenced to four months imprisonment, to commence on 5 July 2021.

9. Akira Dowling be convicted of obtaining property by deception on 13 April 2020 and be sentenced to seven months imprisonment, to commence on 5 December 2021.

10. Akira Dowling be convicted of dishonestly driving a motor vehicle without the owner's consent on 13 April 2020 and be sentenced to nine months imprisonment, to commence on 5 January 2022.

11. Akira Dowling be convicted of driving a motor vehicle while unlicensed on 15 April 2020, and, as the sentence, be required to sign an undertaking to comply with the offender's good behaviour obligations under s 85 of the Crimes (Sentence Administration) Act 2005 (ACT) for 12 months from 6 April 2021.

12. Akira Dowling be convicted of failing to stop when signalled by police on 15 April 2020 and be sentenced to six months imprisonment, to commence on 5 January 2022.

13. Akira Dowling be convicted of aggravated dangerous driving on 15 April 2020 and be sentenced to 10 months imprisonment, to commence on 5 April 2022.

14. Akira Dowling be convicted of using a motor vehicle with number plates issued for another vehicle on 20 April 2020, and, as the sentence, be required to sign an undertaking to comply with the offender's good behaviour obligations under s 85 of the Crimes (Sentence Administration) Act 2005 (ACT) for a period of six months from 6 April 2022.

15. Akira Dowling be convicted of driving whilst unlicensed as a repeat offender on the 20 April 2020, and, as the sentence, be required to sign an undertaking to comply with the offender's good behaviour obligations under s 85 of the Crimes (Sentence Administration) Act 2005 (ACT) for a period of 12 months commencing on 6 October 2022.

16. Akira Dowling be convicted of dishonestly driving a motor vehicle without the owner's consent on 20 April 2020 and be sentenced to 10 months imprisonment, to commence on 5 August 2022.

17. Akira Dowling be convicted of failing to stop when signalled by police on 20 April 2020 and be sentenced to eight months imprisonment, to commence on 5 November 2022.

18. Akira Dowling be convicted of being involved in a collision and failing to give the required particulars on 20 April 2020, and, as the sentence, be required to sign an undertaking to comply with the offender's good behaviour obligations under s 85 of the Crimes (Sentence Administration) Act 2005 (ACT) for a period of six months from 6 October 2021.

19. Akira Dowling be convicted of aggravated dangerous driving on 20 April 2020 and be sentenced to 10 months imprisonment, to commence on 5 February 2023.

20. Akira Dowling be convicted of driving a motor vehicle while having a prescribed drug in her oral fluid on 20 April 2020, and, as the sentence, be required to sign an undertaking to comply with the offender's good behaviour obligations under s 85 of the Crimes (Sentence Administration) Act 2005 (ACT) for a period of three months from 6 April 2024.

21. Akira Dowling be convicted of minor theft on 3 November 2020 and be sentenced to four months imprisonment, to commence on 5 September 2023.

22. Akira Dowling be convicted of obtaining the property of $180.83 by deception on 3 November 2020 and sentenced to six months imprisonment, to commence on 5 September 2023.

23. Akira Dowling be convicted of obtaining the property of $52.49 by deception on 3 November 2020 and be sentenced to six months imprisonment, to commence on 5 November 2023.

24. Akira Dowling be convicted of failing to appear in accordance with her bail undertaking on 2 October 2020 and be sentenced to two months imprisonment, to commence on 5 April 2024.

25. The Good Behaviour Orders made on 10 October 2019 be cancelled.

26. Akira Dowling’s conviction for the offence of theft on 17 June 2018 be confirmed and she be re-sentenced to six months imprisonment to commence on 5 February 2024.

27. Akira Dowling’s conviction for the offence of burglary on 17 June 2018 be confirmed and she be re-sentenced to six months imprisonment to commence on 5 February 2024.

28. A Drug and Alcohol Treatment Order be made under s 12A of the Crimes (Sentencing) Act 2005 (ACT) in respect of Akira Dowling for two years and six months, from today, 6 April 2021, to 5 October 2023, for the offence of burglary, which is the primary offence.

29. That Order be extended to the other offences for which Akira Dowling has been convicted today, 6 April 2021, all being associated offences.

30. The convictions and sentences for the primary offence and associated offences be hereby incorporated into the Drug and Alcohol Treatment Order in the custodial part of that Order.

31. The total sentence of four years be suspended under s 80W of the Crimes (Sentencing) Act 2005 (ACT) from today, 6 April 2021, until 4 August 2024.

32. Akira Dowling be required to sign an undertaking to comply with the offender’s good behaviour obligations under s 85 of the Crimes (Sentence Administration) Act 2005 (ACT) from 6 October 2023 until 4 August 2024 with a probation condition that she accept supervision by the Commissioner of ACT Corrective Services or his delegate from 6 October 2023 until 4 August 2024, or such lesser period as the person supervising her considers appropriate, and that she obey all reasonable directions of the person supervising her.

33. For the treatment and supervision part of the Drug and Alcohol Treatment Order:

(a) Akira Dowling be required to comply with the core conditions of Order set out in s 80Y of the Crimes (Sentencing) Act 2005 (ACT) for the term of the Order;

(b) Akira Dowling be required to complete the residential drug rehabilitation program provided by the Karralika Therapeutic Community and to travel directly from the Court to the Karralika Therapeutic Community, to arrive by 1:00 pm today, 6 April 2021, and admit herself to that program, remain in the program until it is completed and obey all the rules of the facility and the program and any directions the person in charge of the facility;

(c) Akira Dowling be directed not to leave the Karralika Therapeutic Community facility before she complete the program without the approval of the Court, or in accordance with the rules of the program, and if she is discharged or leaves the facility or the program, that she present yourself to ACT Corrective Services by 4:00 pm on the next business day with a view to having the Drug and Alcohol Treatment Order reviewed;

(d) Akira Dowling be directed to undergo any program of treatment or counselling, urinalysis, case management, or other program as may be required by any member of the Treatment Order Team, or by order of the Court from time to time; and

(e) Akira Dowling be directed to comply with any direction of the Court from time to time about attendance at the Court, in person or by electronic means.

34. Akira Dowling be directed to attend Court on 9 April 2021 at 12:30 pm by electronic means.

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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