SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v McHughes (No 3) |
Citation: | [2021] ACTSC 344 |
Hearing Dates: | 12 November 2021 |
DecisionDate: | 17 November 2021 |
Before: | Refshauge AJ |
Decision: | 1. Walter Robert McHughes be convicted of burglary and be sentenced to 15 months imprisonment, to commence on 10 November 2020 and end on 9 February 2022. 2. Walter Robert McHughes be convicted of theft and be sentenced to 4 months imprisonment, to commence on 10 January 2021 and end on 9 May 2021. 3. Walter Robert McHughes be convicted of dishonestly riding in a motor vehicle without the owner’s consent and be sentenced to 6 months imprisonment, to commence on 10 November 2021 and end on 9 May 2022. 4. The sentence be suspended from today, 17 November 2021, for 12 months. 5. Walter Robert McHughes 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) for 12 months from today, 17 November 2021, with a probation condition that he be subject to the supervision of the Commissioner of ACT Corrective Services or his delegate for 12 months from today, 17 November 2021, and obey all reasonable directions of the person supervising him, including directions determined by the person supervising him given after careful consultation with any person funded by the National Disability Insurance Agency to support him in the National Disability Insurance Scheme, especially directions as to rehabilitation for alcohol and drug use and for mental health treatment or counselling and including for reasonable co-operation with that person in the support she or he provides him. 6. Walter Robert McHughes be directed to attend the Court Registry before he leaves the Court precincts today to sign a copy of the offender’s good behaviour obligations under s 85 of the Crimes (Sentence Administration) Act 2005 (ACT) for the period of 12 months. |
Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – Burglary – Theft – Riding in a Motor Vehicle Without the Owner’s Consent – Rehabilitation – Mental Impairment – Disadvantage – Good Behaviour Order |
Legislation Cited: | Criminal Code 2002 (ACT) ss 308, 311, 318 Crimes (Sentence Administration) Act 2005 (ACT) s 85 Crimes (Sentencing) Act 2005 (ACT) ss 7, 10, 12A, 33, 35, 46J, 52, 63 |
Cases Cited: | Allred v The Queen [2015] ACTCA 21 Beniamini v Stormon [2014] ACTSC 2 |
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- AGLC
- R v McHughes (No 3) [2021] ACTSC 344
- Case
- [2021] ACTSC 344
- Decision Date
CaseChat Overview and Summary
The legal issues that the court had to address included determining the appropriate sentences for each of the charges, whether to impose a suspended sentence, and what conditions should be attached to a potential suspension. The court needed to balance the need for punishment and deterrence with the potential for rehabilitation and the circumstances of the defendant’s background.
In delivering the judgment, the court considered the defendant’s personal circumstances, including his mental impairment, disadvantaged background, and efforts towards rehabilitation. The court found that a suspended sentence would be appropriate, given the potential for rehabilitation and the need to avoid unnecessary imprisonment. The court imposed a range of conditions on the suspended sentence, including supervision by the Commissioner of ACT Corrective Services, compliance with good behaviour obligations, and participation in rehabilitation programs for alcohol and drug use, mental health treatment, and counselling.
The court ordered that Walter Robert McHughes be convicted of burglary and sentenced to 15 months imprisonment, of theft and sentenced to 4 months imprisonment, and of riding in a motor vehicle without the owner’s consent and sentenced to 6 months imprisonment. The sentences were suspended for 12 months, with a requirement for McHughes to sign an undertaking to comply with the offender’s Good Behaviour Obligations and be subject to supervision by the Commissioner of ACT Corrective Services. McHughes was also directed to attend the Court Registry to sign a copy of the offender’s good behaviour obligations for the period of 12 months.
Orders
Orders of the court
1. Walter Robert McHughes be convicted of burglary and be sentenced to 15 months imprisonment, to commence on 10 November 2020 and end on 9 February 2022.
2. Walter Robert McHughes be convicted of theft and be sentenced to 4 months imprisonment, to commence on 10 January 2021 and end on 9 May 2021.
3. Walter Robert McHughes be convicted of dishonestly riding in a motor vehicle without the owner’s consent and be sentenced to 6 months imprisonment, to commence on 10 November 2021 and end on 9 May 2022.
4. The sentence be suspended from today, 17 November 2021, for 12 months.
5. Walter Robert McHughes 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) for 12 months from today, 17 November 2021, with a probation condition that he be subject to the supervision of the Commissioner of ACT Corrective Services or his delegate for 12 months from today, 17 November 2021, and obey all reasonable directions of the person supervising him, including directions determined by the person supervising him given after careful consultation with any person funded by the National Disability Insurance Agency to support him in the National Disability Insurance Scheme, especially directions as to rehabilitation for alcohol and drug use and for mental health treatment or counselling and including for reasonable co-operation with that person in the support she or he provides him.
6. Walter Robert McHughes be directed to attend the Court Registry before he leaves the Court precincts today to sign a copy of the offender’s good behaviour obligations under s 85 of the Crimes (Sentence Administration) Act 2005 (ACT) for the period of 12 months.
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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