R v McColl

Case [2022] ACTSC 386

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v McColl

Citation: 

[2022] ACTSC 386

Hearing Date: 

27 May 2022

Decision Date: 

2 June 2022

Before:

Refshauge AJ

Decision: 

1.    Robert Malcolm McColl be convicted of aggravated robbery and be sentenced to 20 months imprisonment to commence on 26 May 2021 and end on 25 January 2023.

2.    Robert Malcolm McColl be convicted of dishonestly driving a motor vehicle without consent and be sentenced to 10 months imprisonment to commence on 26 August 2022 and end on 25 June 2023.

3.    Robert Malcolm McColl be convicted of culpable driving and be sentenced to 20 months imprisonment to commence on 26 March 2023 and end on 25 November 2024. It be noted that the six months automatic driving disqualification period commences today, 2 June 2022. 

4.    Robert Malcolm McColl be convicted of obtaining property by deception and be sentenced to 6 months imprisonment to commence on 26 August 2024 and end on 25 February 2025.

5.    Robert Malcolm McColl be convicted of minor theft and be sentenced to 4 months imprisonment to commence on 26 December 2024 and end on 25 April 2025.

6.    Robert Malcolm McColl be convicted of possessing stolen property and be sentenced to 1 month imprisonment to commence on 26 March 2025 and end on 25 April 2025.

7. A Drug and Alcohol Treatment Order under s 12A of the Crimes (Sentencing) Act 2005 (ACT) be made for Robert Malcolm McColl for 2 years from today, commencing on 2 June 2022 and ending on 1 June 2024, in respect of the primary offence of aggravated robbery of which he has been convicted and for which he has been sentenced to 20 months imprisonment.

8.    That Order be extended to the offences of dishonestly drive motor vehicle without consent, culpable driving, obtaining property by deception, minor theft and possessing stolen property of which Robert Malcolm McColl has been convicted and for which he has been sentenced, and which are associated offences of the primary offence.

9.    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.

10. 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 June 2022, until 25 April 2025.

11. Under s 80ZA of the Crimes (Sentencing) Act 2005 (ACT), Robert Malcolm McColl 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 day after the end of the Drug and Alcohol Treatment Order, 2 June 2024, until the end of the total sentence, 25 April 2025, with a probation condition that he accept supervision by the…

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AGLC
R v McColl [2022] ACTSC 386
Case
[2022] ACTSC 386
Decision Date

CaseChat Overview and Summary

The case of R v McColl involved the defendant, Robert Malcolm McColl, who was charged with several criminal offences including aggravated robbery, dishonestly driving a motor vehicle without consent, culpable driving, obtaining property by deception, minor theft, and possessing stolen property. The case was heard in the Magistrates Court of the Australian Capital Territory. The primary issue for the court was to determine the appropriate sentence for McColl, taking into consideration his subjective circumstances, including his youth, childhood disadvantage, and mental health issues. The court also had to consider McColl's pre-sentence custody and his application for a Drug and Alcohol Treatment Order.

The court considered the nature and severity of the offences, McColl's lack of a criminal record, and his pre-sentence custody. The court also took into account McColl's application for a Drug and Alcohol Treatment Order, which was successful. The court found that McColl had a history of drug and alcohol abuse and that a treatment order would be beneficial for him. The court determined that a custodial sentence would not be appropriate for McColl at this time, and instead, ordered a Drug and Alcohol Treatment Order for a period of two years. The court also imposed various conditions on McColl, including compliance with Good Behaviour obligations and supervision by the Commissioner of ACT Corrective Services or his delegate.

In summary, the court found McColl guilty of all charges and imposed a Drug and Alcohol Treatment Order for a period of two years. The court also imposed various conditions on McColl, including compliance with Good Behaviour obligations and supervision by the Commissioner of ACT Corrective Services or his delegate. The court suspended the custodial part of the Drug and Alcohol Treatment Order until a later date, taking into account McColl's subjective circumstances and his successful application for a treatment order. Finally, the court directed McColl to appear in court on a specified date and to sign a sealed copy of the Order 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.

Orders

Orders of the court

1. Robert Malcolm McColl be convicted of aggravated robbery and be sentenced to 20 months imprisonment to commence on 26 May 2021 and end on 25 January 2023.

2. Robert Malcolm McColl be convicted of dishonestly driving a motor vehicle without consent and be sentenced to 10 months imprisonment to commence on 26 August 2022 and end on 25 June 2023.

3. Robert Malcolm McColl be convicted of culpable driving and be sentenced to 20 months imprisonment to commence on 26 March 2023 and end on 25 November 2024. It be noted that the six months automatic driving disqualification period commences today, 2 June 2022.

4. Robert Malcolm McColl be convicted of obtaining property by deception and be sentenced to 6 months imprisonment to commence on 26 August 2024 and end on 25 February 2025.

5. Robert Malcolm McColl be convicted of minor theft and be sentenced to 4 months imprisonment to commence on 26 December 2024 and end on 25 April 2025.

6. Robert Malcolm McColl be convicted of possessing stolen property and be sentenced to 1 month imprisonment to commence on 26 March 2025 and end on 25 April 2025.

7. A Drug and Alcohol Treatment Order under s 12A of the Crimes (Sentencing) Act 2005 (ACT) be made for Robert Malcolm McColl for 2 years from today, commencing on 2 June 2022 and ending on 1 June 2024, in respect of the primary offence of aggravated robbery of which he has been convicted and for which he has been sentenced to 20 months imprisonment.

8. That Order be extended to the offences of dishonestly drive motor vehicle without consent, culpable driving, obtaining property by deception, minor theft and possessing stolen property of which Robert Malcolm McColl has been convicted and for which he has been sentenced, and which are associated offences of the primary offence.

9. 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.

10. 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 June 2022, until 25 April 2025.

11. Under s 80ZA of the Crimes (Sentencing) Act 2005 (ACT), Robert Malcolm McColl 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 day after the end of the Drug and Alcohol Treatment Order, 2 June 2024, until the end of the total sentence, 25 April 2025, 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.

12. 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. Robert Malcolm McColl 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

c. Robert Malcolm McColl comply with any directions of the Court from time to time about attendance at Court in person or by electronic means.

13. Robert Malcolm McColl be directed to appear in Court on Friday 3 June 2022 at 11:30 am.

14. Robert Malcolm McColl be directed to attend the Court Registry before he leaves the Court precincts to sign a sealed copy of this Order 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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