Mr Lyons be convicted of assault occasioning actual bodily harm on 28 September 2020.
2.
For that offence, Mr Lyons be sentenced to 13 months’
imprisonment, to commence on 28 September 2020.
3.
Mr Lyons be convicted of dangerous driving on 28 September 2020.
4.
For that offence, Mr Lyons be sentenced to eight months’
imprisonment, to commence on 28 July 2021, and be disqualified from obtaining or holding a driver license for six months, from 15 December 2020.
5.
Mr Lyons be convicted of common assault on 28 September 2020.
6.
For that offence, Mr Lyons be sentenced to six months’
imprisonment, to commence on 28 January 2022.
7.
Mr Lyons be found to have breached the Good Behaviour Order made on 17 August 2020 and that the Order be cancelled.
8.
Mr Lyons’ conviction for the offence of common assault
on 17 December 2019 be confirmed.
9.
For that offence, Mr Lyons be re-sentenced to three
month’s imprisonment, to commence on 28 June 2022.
10.
A Drug and Alcohol Treatment Order under s 12A of the Crimes (Sentencing) Act 2005 (ACT) be made from today, 15 December 2020, until 27 September 2022 in respect of Mr Lyons for the primary offence of assault occasioning bodily harm.
11.
The Drug and Alcohol Treatment Order be extended to the offences of dangerous driving, common assault on 28 September 2020, and common assault on 17
December 2019, each of which are associated offences.
12.
The convictions for the primary offence and associated offences have been confirmed, sentences have been imposed for, and those convictions and sentences are incorporated into the Drug and Alcohol Treatment Order, for the custodial portion of the Drug and Alcohol Treatment Order.
13.
The sentence of 24 months, being the total of the sentencing for the primary and associated offences, be suspended from today, 15 December 2020, until 27 September 2022, under s 80W of the Crimes (Sentencing) Act 2005 (ACT).
14.
For the treatment and supervision part of the Drug and Alcohol Treatment Order, Mr Lyons be required to comply with the core conditions of the Order set out in s 80Y of the Crimes (Sentencing) Act 2005 (ACT) for the term of the Order and complete the residential rehabilitation program conducted by Canberra Recovery Services at Fyshwick ACT, and such other programs of treatment and case management required by the Treatment Order Team from time to time, or as ordered by the Court, including counselling, urinalysis, medical treatment, and such other treatment or programs as may be required from time to time.
15.
Mr Lyons be directed to travel directly to Canberra Recovery Services today, 15 December 2020, and admit himself to the residential program conducted by that agency by 2 pm today, to remain there until he has completed the program,…
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 Lyons (No 1) [2020] ACTSC 358
Case
[2020] ACTSC 358
Decision Date
CaseChat Overview and Summary
The accused, Carl Christopher Lyons, was convicted of assault occasioning actual bodily harm, common assault, and dangerous driving. The court had to decide on the appropriate sentencing for these offences, as well as the eligibility for a Drug and Alcohol Treatment Order. The court considered the nature of the offences, the impact on the victims, the accused's criminal history, and his drug dependency. It was determined that the accused was eligible for a Treatment Order, despite a recommendation of unsuitability, due to the potential for rehabilitation and the need to address his drug dependency. The court imposed a sentence of 24 months' imprisonment, suspended until 27 September 2022, and ordered the accused to complete a residential rehabilitation program at Canberra Recovery Services. The court also directed the accused to comply with the core conditions of the Treatment Order, including counselling, urinalysis, and medical treatment. The court emphasised the importance of honesty and addressing the accused's aggression and drug dependency in order to successfully complete the Treatment Order.