SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Fleury (No 2) |
Citation: | [2022] ACTSC 293 |
Hearing Date: | 24 October 2022 |
DecisionDate: | 25 October 2022 |
Before: | McWilliam AJ |
Decision: | See [33] and [35] |
Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – trafficking in cannabis – possession of a prohibited weapon – assault occasioning actual bodily harm – using an offensive weapon – causing damage to property – failure to comply with public health direction – where further offences breached good behaviour orders CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – Whether Drug and Alcohol Treatment Order appropriate |
Legislation Cited: | Crimes (Restorative Justice) Act 2004 (ACT) ss 12, 14, 15, 19, 25 Crimes (Sentencing) Act 2005 (ACT) ss 7, 35, 63 Public Health Act 1997 (ACT) s 120 |
Cases Cited: | Cooke (a pseudonym) v The Queen [2022] ACTCA 44 R vMassey (No 1) [2020] ACTSC 256 |
Parties: | ACT DPP (Crown) Jayke Steven John Fleury (Offender) |
Representation: | Counsel E Roff (Crown) E Chen (Offender) |
| Solicitors ACT Director of Public Prosecutions (Crown) Legal Aid ACT (Offender) | |
File Number(s): | SCC 163 of 2021 SCC 164 of 2021 SCC 7 of 2022 SCC 8 of 2022 SCC 41 of 2022 SCC 104 of 2022 |
MCWILLIAM AJ:
This matter has been remitted by the Court of Appeal on 2 September 2022 following a successful appeal on sentence by Mr Jayke Steven John Fleury. The reasons for judgment on the appeal are not yet published, but the parties agreed that the only issue determined by the Court of Appeal was a failure to exercise jurisdiction, which arose from the unavailability of a drug and alcohol rehabilitation place at the time the offender was sentenced in May 2022. The Court of Appeal held that there was nothing in the Crimes (Sentencing) Act 2005 (ACT) (Sentencing Act) which precluded the Court from making a drug and alcohol treatment order if appropriate.
The matter was expressly remitted with a view to this Court re-sentencing without delay, with directions being made for the further hearing of the matter immediately following the orders pronounced by the Court of Appeal.
Primary offences for re-resentence
The offences for which the offender is to be re-sentenced were set out in R v Fleury [2022] ACTSC 103 (Fleury) as follows:
(a)Series 1 (committed 4 July 2019):
(i)CC2020/3244: trafficking in a trafficable quantity of cannabis, contrary to s 603(5) of the Criminal Code 2002 (ACT) (Criminal Code). The maximum penalty the offence is 10 years’ imprisonment, a fine of $160,000, or both.
(ii)CC2020/3246: possession of a prohibited weapon, contrary to s 5 of the Prohibited Weapons Act 1996 (ACT) (Prohibited Weapons…
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- R v Fleury (No 2) [2022] ACTSC 293
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- [2022] ACTSC 293
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CaseChat Overview and Summary
The central legal issues before the court were whether the sentence imposed was appropriate in the circumstances, and whether a Drug and Alcohol Treatment Order would be suitable for the respondent. The court needed to consider the nature and severity of the respondent's offences, his criminal history, and his potential for rehabilitation.
In delivering the judgment, the court considered the respondent's extensive criminal history and the serious nature of the current offences, which occurred despite being on good behaviour orders. The court emphasised the need for the sentence to reflect the gravity of the crimes and to act as a deterrent. The court found that a custodial sentence was necessary to protect the community and to deter the respondent from future criminal conduct. Additionally, the court determined that a Drug and Alcohol Treatment Order was not appropriate given the respondent's history of failing to comply with such orders in the past.
The court ordered that the respondent be sentenced to imprisonment, with specific details of the sentence provided in the judgment. The court also made orders regarding the enforcement of the sentence and any related legal matters.
Orders
Orders of the court
See [33] and [35]
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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