SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Dowling (No 3) |
Citation: | [2021] ACTSC 210 |
Hearing Date(s): | 21 May 2021, 27 May 2021 and 22 June 2021 |
DecisionDate: | 25 June 2021 |
Before: | Refshauge AJ |
Decision: | 1. The cancellation of the Drug and Alcohol Treatment Order, made on 6 April 2021 and amended on 23 April 2021, be confirmed. 2. The convictions and sentences imposed on 6 April 2021 for the offences to which Akira Dowling has plead guilty be confirmed. 3. The sentences imposed on 6 April 2021 be hereby imposed and it be declared that they commence on 5 September 2020 and end on 5 September 2024 to take into account pre-sentence custody, the period spent in custody under the treatment and supervision part of the Drug and Alcohol Treatment Order and the period spent in custody after the cancellation of the Drug and Alcohol Treatment Order. 4. A non-parole period of 15 months be set, to commence on 5 September 2020 and end on 4 November 2021. 5. The Good Behaviour Order under the Drug and Alcohol Treatment Order on 6 April 2021 be cancelled. |
Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Sentence – Rehabilitation – Drug and Alcohol Treatment Order – Cancellation – Impose original sentence – Resentencing |
Legislation Cited: | Crimes (Sentencing) Act 2005 (ACT) ss 12A, 65, 80O, 80ZE Sentencing (Drug and Alcohol Treatment Orders) Legislation Amendment Bill 2019 (ACT) |
Cases Cited: | R v Antonovic (No 4) [2021] ACTSC 280 R v Charles (No 2) [2020] ACTSC 366 R v Crawford (No 1) [2020] ACTSC 245 |
Parties: | The Queen ( Crown) Akira Dowling ( Offender) |
Representation: | Counsel M Lucero ( Crown) C Duffy ( Offender) |
| Solicitors ACT Director of Public Prosecution ( Crown) Legal Aid ACT ( Offender) | |
File Number(s): | SCC 176 of 2020 SCC 177 of 2020 SCC 7 of 2021 SCC 8 of 2021 |
REFSHAUGE AJ
Introduction
The rehabilitation of offenders who have a dependency on alcohol or other drugs, that a Drug and Alcohol Treatment Order (Treatment Order) under s 12A of the Crimes (Sentencing) Act 2005 (ACT) (Sentencing Act) seeks to achieve, is challenging and demands much of the participant. A Treatment Order sets out, inter alia, a program designed to facilitate and encourage such rehabilitation.
Nevertheless, the Supreme Court in its Drug and Alcohol Sentencing List does not expect that participants will be able to complete the, often, long period of a Treatment Order without difficulty and has, in its Behaviour Protocol, set out a graduated range of sanctions to be applied to respond to difficulties that warrant them because they undermine the objective of the Treatment…
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