1. Dillon Matthew Guy be convicted of aggravated dangerous driving as a repeat offender and be sentenced to 14 months imprisonment to commence on 22 March 2022 and end on 21 May 2023.
2. Dillon Matthew Guy be convicted of unauthorised possession of a firearm and be sentenced to 4 months imprisonment to commence on 22 May 2023 and end on 21 September 2023.
3. Dillon Matthew Guy be convicted of unlawfully possessing stolen property and be sentenced to 4 months imprisonment to commence on 22 July 2023 and end on 21 November 2023.
4. Dillon Matthew Guy be convicted of possessing a drug of dependence and be sentenced to 2 months imprisonment to commence on 22 November 2023 and end on 21 January 2024.
5. Dillon Matthew Guy be convicted of driving whilst disqualified as a repeat offender and be sentenced to 4 months imprisonment to commence on 22 November 2023 and end on 21 March 2024.
6. A Drug and Alcohol Treatment Order under s 12A of the Crimes (Sentencing) Act 2005 (ACT) be made for Dillon Matthew Guy commencing today, 25 March 2022, and ending on 21 March 2024 in respect of the primary offence of aggravated dangerous driving as a repeat offender of which he has been convicted and for which he has been sentenced to 14 months imprisonment.
7. That Order be extended to the offences of unauthorised possession of a firearm, unlawfully possessing stolen property, possessing a drug of dependence and driving whilst disqualified as a repeat offender, of which Dillon Matthew Guy has been convicted and for which he has been sentenced, and which are associated offences of the primary offence.
8. It be noted that convictions for the primary offence and the associated offences have been recorded and that sentences have been imposed for each of them, which convictions and sentences be hereby incorporated into the Drug and Alcohol Treatment Order in the Custodial Part of the Order.
9. The custodial part of the Drug and Alcohol Treatment Order for the primary and associated offences be hereby suspended under s 80W of the Crimes (Sentencing) Act 2005 (ACT) from today, 25 March 2022, until 21 March 2024.
10. For the treatment and supervision part of the Drug and Alcohol Treatment Order:
a. The core conditions of the Order set out in s 80Y of the Crimes (Sentencing) Act 2005 (ACT) be hereby imposed;
b. Dillon Matthew Guy undertake any program, treatment or counselling, urinalysis or case management that may be required by any member of the Treatment and Supervision Team and obey all reasonable directions of any member of that Team about where he resides, with whom he associates and his attendance from time to time; and
c. Dillon Matthew Guy comply with any directions of the Court from…
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 Guy [2022] ACTSC 373
Case
[2022] ACTSC 373
Decision Date
CaseChat Overview and Summary
The case of R v Guy was heard by Refshauge AJ in the Supreme Court of the Australian Capital Territory. Dillon Matthew Guy pleaded guilty to several charges, including aggravated dangerous driving as a repeat offender, unauthorised possession of a firearm, unlawful possession of stolen property, possession of a drug of dependence and driving whilst disqualified as a repeat offender. The court was required to determine the appropriate sentence for each offence and whether a Drug and Alcohol Treatment Order was suitable for the offender. The court considered various factors, including the nature and circumstances of the offences, the offender's criminal history, and the purposes of sentencing as outlined in the Crimes (Sentencing) Act 2005 (ACT). The court also took into account the offender's plea of guilty and his expressed desire for rehabilitation.
After considering the relevant material and current sentencing practice, the court imposed the following sentences: 14 months imprisonment for aggravated dangerous driving as a repeat offender, 4 months imprisonment for unauthorised possession of a firearm, 4 months imprisonment for unlawful possession of stolen property, 2 months imprisonment for possession of a drug of dependence and 4 months imprisonment for driving whilst disqualified as a repeat offender. The court also made a Drug and Alcohol Treatment Order for the primary offence and associated offences, with the custodial part of the order suspended for 23 months and 26 days, until 21 March 2024. The offender is required to comply with the core conditions of the order and any directions from the Treatment and Supervision Team and the court.