1. Mr Massey be convicted of driving whilst disqualified on 18 March 2020 and sentenced to four months and six days' imprisonment to commence on 19 April 2020 (to take into account pre-sentence custody) and end on 24 August 2020.
2. Mr Massey be convicted of dishonestly driving a motor vehicle on 18 March 2020 without the owner's consent.
3. Mr Massey be convicted of refusing to provide a sample of oral fluid, as directed, on 18 March 2020.
4. Mr Massey remain remanded in custody until Friday 21 August 2020.
5. The matter be adjourned to 9:00 AM on Friday 21 August 2020.
Catchwords:
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – driving whilst disqualified – dishonestly driving a motor vehicle without the owner’s consent – refusing to provide a sample of oral fluid – pleas of guilty – consideration of eligibility for a drug and alcohol treatment order – construction of s 12A(1)(b) of the Crimes (Sentencing) Act 2005 (ACT)
Explanatory Statement to the Sentencing (Drug and Alcohol Treatment Orders) Legislation Amendment Bill 2019 (ACT) (ACT Parliamentary Counsel 2019)
Supplementary Explanatory Statement to the Sentencing (Drug and Alcohol Treatment Orders) Legislation Amendment Bill 2019 (ACT) (ACT Parliamentary Counsel 2019)
Parties:
The Queen (Crown)
Jordan Matthew Henry Massey (Offender)
Representation:
Counsel
K Reardon (Crown)
B Morrisroe…
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 Massey (No 1) [2020] ACTSC 256
Case
[2020] ACTSC 256
Decision Date
CaseChat Overview and Summary
The case before the Court involved the respondent, Mr Massey, who was charged with driving while disqualified, dishonestly driving a motor vehicle without the owner's consent, and refusing to provide a sample of oral fluid as directed. The matter was heard in the Magistrates Court of the Australian Capital Territory. Mr Massey entered pleas of guilty to all charges.
The primary legal issue before the court was the interpretation of section 12A(1)(b) of the Crimes (Sentencing) Act 2005 (ACT), which pertains to the eligibility for a drug and alcohol treatment order. The court needed to determine whether Mr Massey was eligible for such an order given the circumstances of the offences and his background. The court also needed to decide on the appropriate sentence considering the nature and seriousness of the offences, the need for general deterrence, and the protection of the community.
In determining the sentence, the court considered the cumulative impact of Mr Massey's criminal history, his persistent offending behaviour, and the gravity of the current offences. The court noted that Mr Massey had a history of driving while disqualified and had previously been convicted of similar offences. The court emphasised the importance of general deterrence and the need to protect the community from further harm. It was held that Mr Massey was not eligible for a drug and alcohol treatment order under section 12A(1)(b) due to the nature of his offending. The court sentenced Mr Massey to four months and six days' imprisonment for the offences, with the sentence to commence on 19 April 2020 and end on 24 August 2020. Mr Massey was also ordered to remain in custody until the scheduled sentencing date.
Orders
Orders of the court
The Court orders that:
1. Mr Massey be convicted of driving whilst disqualified on 18 March 2020 and sentenced to four months and six days' imprisonment to commence on 19 April 2020 (to take into account pre-sentence custody) and end on 24 August 2020.
2. Mr Massey be convicted of dishonestly driving a motor vehicle on 18 March 2020 without the owner's consent.
3. Mr Massey be convicted of refusing to provide a sample of oral fluid, as directed, on 18 March 2020.
4. Mr Massey remain remanded in custody until Friday 21 August 2020.
5. The matter be adjourned to 9:00 AM on Friday 21 August 2020.