Jordan Matthew Henry Massey be convicted of dishonestly driving a motor vehicle without the owner's consent and be sentenced to 14 months imprisonment, to commence from 11 February 2021 and end on 10 April 2022.
2.
Mr Massey be convicted of aggravated dangerous driving as a repeat offender and be sentenced to nine months imprisonment, commencing on 11 November 2021 and expiring on 10 August 2022. Mr Massey be disqualified from holding or obtaining a driver licence for 12 months from today.
3.
Mr Massey be convicted of theft (jointly committed) and be sentenced to nine months imprisonment, commencing on 11 August 2022 and expiring on 10 May 2023.
4.
Mr Massey be convicted of driving whilst disqualified as a repeat offender and be sentenced to five months imprisonment, commencing on 11 February 2023 and expiring on 10 July 2023. Mr Massey be further disqualified from obtaining or holding a driver licence for 24 months, which period of disqualification is to be concurrent with the disqualification on the charge of aggravated dangerous driving as a repeat offender.
5.
The Good Behaviour Order made on 4 September 2020 be cancelled.
6.
The conviction for dishonestly driving a motor vehicle without the owner's consent be confirmed and Mr Massey be sentenced to 12 months imprisonment, commencing on 11 February 2023 and ending on 10 February 2024.
7.
The conviction for refusing to provide an oral fluid sample be confirmed and Mr Massey be sentenced to three months imprisonment, commencing on 11 December 2023 and expiring on 10 March 2024.
8.
Mr Massey be convicted of dishonestly riding a motor vehicle without the owner's consent and be sentenced to 14 months imprisonment, commencing on 11 August 2023 and expiring on 10 October 2024.
9.
A Drug and Alcohol Treatment Order be made under s 12A of the Crimes (Sentencing) Act 2005 (ACT) for Mr Massey for two years from today, commencing on 15 June 2021 and ending on 14 June 2023, in respect of the primary offence of dishonestly driving a motor vehicle without the owner's consent, of which Mr Massey has
been convicted and for which he has been sentenced to
14 months imprisonment.
10.
That Order is extended to the offences of dishonestly driving a motor vehicle without the owner's consent, aggravated dangerous driving as a repeat offender, theft (jointly committed), driving whilst disqualified as a repeat offender, refusing to provide an oral fluid sample, and dishonestly riding a motor vehicle without the owner's consent, of which Mr Massey has been convicted and for which he has been sentenced and which are the associated offences of the primary offence.
11.
It be noted that the convictions for the primary offence and the associated offences have been recorded and that sentences have been imposed for each of them, which…
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 3) [2021] ACTSC 156
Case
[2021] ACTSC 156
Decision Date
CaseChat Overview and Summary
The Supreme Court of the Australian Capital Territory recently handed down a decision in R v Massey (No 3). The case involved Jordan Matthew Henry Massey, who had pleaded guilty to multiple charges, including dishonestly driving a motor vehicle without the owner's consent, aggravated dangerous driving as a repeat offender, theft (jointly committed), driving whilst disqualified as a repeat offender, and refusing to provide an oral fluid sample. The court had to decide on the appropriate sentence for each offence and whether a Drug and Alcohol Treatment Order should be imposed.
The court first considered the nature and circumstances of the offences, taking into account the maximum penalties specified, current sentencing practice, and the harm caused to the community. The court noted the value of the stolen property, the seriousness of the dangerous driving, and the offender's disregard for court orders by driving whilst disqualified. The court also considered the offender's personal circumstances, including his disadvantaged childhood, limited employment history, and drug dependency.
The court then assessed the eligibility for a Drug and Alcohol Treatment Order under s 12A of the Crimes (Sentencing) Act 2005 (ACT). The court concluded that Massey was eligible for such an Order, despite concerns about his past compliance with community-based orders and the suitability of his residence. The court decided that a Treatment Order was appropriate and imposed a two-year Order for Massey, which included a requirement to complete a residential drug rehabilitation program at Canberra Recovery Services.
The court imposed a total sentence of three years and eight months imprisonment for the various offences, but suspended the sentence pending Massey's compliance with the Treatment Order. The court emphasised the importance of Massey's commitment to rehabilitation and the need for him to be honest with himself and his counsellors. The court warned that failure to comply with the Treatment Order could result in the cancellation of the Order and the offender being required to serve the full sentence.