R v Massey (No 1)

Case [2020] ACTSC 256


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Massey (No 1)

Citation:

[2020] ACTSC 256

Hearing Date(s):

7 August 2020

DecisionDate:

17 August 2020

Before:

Refshauge AJ

Decision:

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.

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)

Legislation Cited:

Bail Act 1992 (ACT), s 17

Crimes (Sentencing) Act 2005 (ACT), Parts 4.2B and 5.4A, ss 7, 12A(1)(a) and (b), 12A(3), 12A(2), 12A(4), 12A(9), 33(1)(za), 46J, 80U
Crimes Act 1900 (ACT), s 375
Criminal Code 2002 (ACT), s 318(2)
Legislation Act 2001 (ACT), ss 145, 145(b)
Magistrates Court Act 1930 (ACT) ss 88A, 90A
Road Transport (Alcohol and Drugs) Act 1977 (ACT), ss 22A(2)(a), 34(2)
Road Transport (Driver Licensing) Act 1999 (ACT), ss 32(1)(a), 32(5)

Supreme Court Act 1993 (ACT), s 68CA, Part 8

Cases Cited:

Ashdown v The Queen [2011] VSCA 408; 37 VR 341

Beckwith v R (1976) 135 CLR 569
Cotter v Corvisy [2008] ACTSC 64; 1 ACTLR 299
International Litigation Partners Pte Ltd v Chameleon Mining NL (Receivers and Managers Appointed) [2012] HCA 45, 246 CLR 455
IW v The City of Perth (1997) 191 CLR 1
Markarian v The Queen [2005] HCA 25; 228 CLR 357
Pearce v The Queen [1998] HCA 57; 194 CLR 610
R v Biddle [2018] ACTSC 247
R v Forrest (No 2) [2017] ACTSC 83
R v LF [2018] ACTSC 42
R v Massey; R v Ontong; R v Ceissman [2018] ACTSC 352
R v NN [2018] ACTSC 43
R v Norton [2019] ACTSC 111
R v Roux (No 2) [2015] ACTSC 361
R v Taylor [2015] ACTSC 122

Victims Compensation Fund Corporation v Brown [2003] HCA 54; 77 ALJR 1797

Texts Cited:

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…

Continue reading R v Massey (No 1)

Sign in free to access the full text

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.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.