SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Law |
Citation: | [2021] ACTSC 351 |
Hearing Date: | 23 July 2021 |
DecisionDate: | 2 August 2021 |
Before: | Refshauge AJ |
Decision: | 1. William Thomas Law be convicted of aggravated dangerous driving and be sentenced to 15 months imprisonment to commence on 27 July 2021 and end on 26 October 2022. Mr Law be disqualified from driving for 12 months from 18 October 2021. 2. William Thomas Law be convicted of drive while disqualified and be sentenced to 4 months imprisonment to commence on 27 September 2022 and end on 26 January 2023. Mr Law be disqualified from driving for 24 months from 18 October 2021. 3. William Thomas Law be convicted of trespass and 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 3 months, from today, 2 August 2021, until 1 November 2021. 4. William Thomas Law be convicted of minor theft and be sentence to 2 months imprisonment to commence on 27 January 2023 and end on 26 March 2023. 5. A Drug and Alcohol Treatment Order under s 12A of the Crimes (Sentencing) Act 2005 (ACT) be made for William Thomas Law for 18 months from today (commencing on 2 August 2021 and ending on 1 February 2023) in respect of the primary offence of aggravated dangerous driving of which he has been convicted and for which he has been sentenced to 15 months imprisonment. 6. That Order be extended to the offences of drive while disqualified and minor theft, of which William Thomas Law has been convicted and for which he has been sentenced, and which are associated offences of the primary offence. 7. 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. 8. 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, 2 August 2021, until 26 March 2023. 9. Under ss 22 and 80ZA of the Crimes (Sentencing) Act 2005 (ACT), William Thomas Law 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 the 2 February 2023 until 26 March 2023, with a probation condition that he accept supervision by the Commissioner of ACT Corrective Services or his delegate for the period of the undertaking or such lesser period as the person supervising him considers appropriate and obey all reasonable directions of the person supervising him including as to urinalysis, counselling and treatment. 10. For the treatment and supervision part of the Drug and Alcohol Treatment Order: a.… |
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- R v Law [2021] ACTSC 351
- Case
- [2021] ACTSC 351
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CaseChat Overview and Summary
In reaching its decision, the court considered the nature and circumstances of the offences, the offender's background and the impact of his actions on the community. The court found that the charges were proven and imposed sentences of imprisonment for the aggravated dangerous driving, driving while disqualified, and minor theft offences. The court also imposed a requirement for Mr Law to sign a good behaviour undertaking for the trespass offence. The court noted Mr Law's severe substance use disorder and his potential for rehabilitation, and made a Drug and Alcohol Treatment Order for 18 months, which was extended to cover the associated offences. The custodial part of the Order was suspended until the end of the sentence for the minor theft offence, and Mr Law was required to comply with good behaviour obligations for the remainder of the Order.
The final orders of the court included convictions and sentences for each of the offences, a Drug and Alcohol Treatment Order, and good behaviour undertakings. Mr Law was also required to attend a residential drug rehabilitation program, comply with various directions and conditions, and appear in court by electronic means on a specified date.
Orders
Orders of the court
1. William Thomas Law be convicted of aggravated dangerous driving and be sentenced to 15 months imprisonment to commence on 27 July 2021 and end on 26 October 2022. Mr Law be disqualified from driving for 12 months from 18 October 2021.
2. William Thomas Law be convicted of drive while disqualified and be sentenced to 4 months imprisonment to commence on 27 September 2022 and end on 26 January 2023. Mr Law be disqualified from driving for 24 months from 18 October 2021.
3. William Thomas Law be convicted of trespass and 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 3 months, from today, 2 August 2021, until 1 November 2021.
4. William Thomas Law be convicted of minor theft and be sentence to 2 months imprisonment to commence on 27 January 2023 and end on 26 March 2023.
5. A Drug and Alcohol Treatment Order under s 12A of the Crimes (Sentencing) Act 2005 (ACT) be made for William Thomas Law for 18 months from today (commencing on 2 August 2021 and ending on 1 February 2023) in respect of the primary offence of aggravated dangerous driving of which he has been convicted and for which he has been sentenced to 15 months imprisonment.
6. That Order be extended to the offences of drive while disqualified and minor theft, of which William Thomas Law has been convicted and for which he has been sentenced, and which are associated offences of the primary offence.
7. 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.
8. 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, 2 August 2021, until 26 March 2023.
9. Under ss 22 and 80ZA of the Crimes (Sentencing) Act 2005 (ACT), William Thomas Law 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 the 2 February 2023 until 26 March 2023, with a probation condition that he accept supervision by the Commissioner of ACT Corrective Services or his delegate for the period of the undertaking or such lesser period as the person supervising him considers appropriate and obey all reasonable directions of the person supervising him including as to urinalysis, counselling and treatment.
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. William Thomas Law travel directly from this Court today to Canberra Recovery Services, Fyshwick, by means provided by Alcohol and Drug Services, and admit himself to the residential drug rehabilitation program at that facility by 1:00 pm today, 2 August 2021;
c. William Thomas Law be directed to complete the residential drug rehabilitation program at Canberra Recovery Services, to not leave the facility until he has completed the course and to comply with all the directions of the person in charge of the program and all the rules of the program and the facility;
d. Should William Thomas Law leave or be discharged from the program before completing it, he report to ACT Corrective Services by 4 pm on the next business day with a view to having his Drug and Alcohol Treatment Order reviewed;
e. William Thomas Law 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
f. William Thomas Law comply with any directions of the Court from time to time about attendance at Court in person or by electronic means.
11. William Thomas Law be directed to appear by electronic means in Court on Friday 13 August 2021 at 12:30 pm.
12. William Thomas Law be directed to attend the Court Registry before he leaves the Court precincts to sign a sealed copy of this Order, the Good Behaviour Orders and an undertaking to comply with the Order and any obligations under the Crimes (Sentence Administration) Act 2005 (ACT) for the period that this Order is in force.
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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