Stephen Foster be convicted of the offence of aggravated burglary on 31 October 2020 and sentenced to 2 years imprisonment, to commence on 1 March 2021 and end on 28 February 2023.
Stephen Foster be convicted of dishonestly driving a motor vehicle without the owner’s consent on 31 October 2020 and sentenced to 12 months imprisonment, to commence on 1 October 2022 and end on 30 September 2023.
Stephen Foster be convicted of driving whilst disqualified as a repeat offender on 31 October 2020 and sentenced to 2 months imprisonment, to commence on 1 September 2023 and end on 31 October 2023. It be noted this will automatically result in a further cumulative suspension of 24 months of his driver licence, from 3 November 2021 to 2 November 2023.
Stephen Foster be convicted of possessing a knife in a public place without a reasonable excuse on 31 October 2020 and sentenced to 1 months imprisonment, to commence on 1 November 2023 and end on 30 November 2023.
Stephen Foster be convicted of burglary on 5 June 2020 and sentenced to 12 months imprisonment, to commence on 1 December 2023 and end on 30 November 2024.
Stephen Foster be convicted of failing to appear in accordance with a bail undertaking on 26 October 2020 and sentenced to 1 month imprisonment, to commence on 1 December 2024 and end on 31 December 2024.
A Drug and Alcohol Treatment Order be made under s 12A of the Crimes (Sentencing) Act 2005 (ACT) for two years, from today, 29 March 2021, to 28 March 2023 for the offence of aggravated burglary, that being the primary offence.
That Order be extended to the offences of dishonestly driving a motor vehicle without the owner's consent, driving whilst disqualified, possessing a knife in a public place without a reasonable excuse, and failing to appear in accordance with a bail undertaking, all being associated offences.
The convictions and sentences for the primary offence and the associated offences be hereby incorporated into the Drug and Alcohol Treatment Order in the custodial part of that Order.
The total sentence of 3 years and 10 months imprisonment be suspended under s 80W of the Crimes (Sentencing) Act 2005 (ACT) from today, 29 March 2021, until 31 December 2024.
Stephen Foster 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 29 March 2023 until 31 December 2024, with a probation condition to accept supervision by the Commissioner of ACT Corrective Services or his delegate until 31 December 2024, or such lesser period as the person supervising him considers appropriate, and obey all reasonable directions of the person supervising him.
From the treatment and supervision of the Drug and Alcohol Treatment Order:
(a) Stephen Foster be…
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 Foster [2021] ACTSC 229
Case
[2021] ACTSC 229
Decision Date
CaseChat Overview and Summary
The Supreme Court of the Australian Capital Territory presided over the sentencing of Stephen Foster, who had pleaded guilty to multiple charges, including aggravated burglary, dishonestly driving a motor vehicle without the owner's consent, and possessing a knife in a public place without a reasonable excuse. The court, presided over by Refshauge AJ, had to determine the appropriate sentence for Foster, considering the severity of the offences and the circumstances surrounding them. The court had to weigh factors such as the nature of the offences, the potential harm caused, and Foster's personal circumstances, including his history of drug dependency and homelessness. In its sentencing, the court considered the purposes of sentencing as outlined in the Crimes (Sentencing) Act 2005 (ACT), including punishment, general and specific deterrence, and rehabilitation. The court also had to consider the totality principle, ensuring that the sentence reflected the overall criminality of Foster's actions. Given Foster's history of drug use and homelessness, the court found that a Drug and Alcohol Treatment Order would be appropriate, aiming to address the underlying issues contributing to his criminal behaviour and provide a pathway to rehabilitation. The court imposed a total sentence of three years and 10 months imprisonment, which was suspended in favour of the Treatment Order, allowing Foster an opportunity for rehabilitation while still holding him accountable for his actions.