SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Jason Andrew McMahon |
Citation: | [2014] ACTSC 280 |
Hearing Date(s): | 29 May 2014, 25 June 2014, 24 July 2014 |
DecisionDate: | 24 July 2014 |
Before: | Refshauge J |
Decision: | 1. Jason Andrew McMahon be convicted of the offence of burglary on 14 May 1997. 2. Jason Andrew McMahon be convicted of the offence of theft on 14 May 1997. 3. Jason Andrew McMahon be convicted of the offence of burglary on 21 May 1997. 4. Jason Andrew McMahon be convicted the offence of damaging property on 21 May 1997. 5. I convict you of the offence of burglary on 23 May 1997. 6. Jason Andrew McMahon be convicted of the offence of damaging property on 23 May 1997. 7. Jason Andrew McMahon be convicted of the offence of burglary on 23 May 1997. 8. Jason Andrew McMahon be convicted of the offence of theft on 23 May 1997. 9. Jason Andrew McMahon be convicted of the offence of possessing stolen property on 28 May 1997. 10. Jason Andrew McMahon be convicted of the offence of failing to appear in accordance with your bail undertaking on 10 June 1998. 11. Jason Andrew McMahon be convicted of the offence of assault on 1 January 2008. 12. Jason Andrew McMahon be convicted of the offence of damaging property on 1 January 2008. 13. Jason Andrew McMahon be convicted of the offence of assault on 1 January 2008. 14. Jason Andrew McMahon be convicted of the offence of damaging property on 1 January 2008. 15. Jason Andrew McMahon not be sentenced for the offences of which he has been convicted at this time. 16. Jason Andrew McMahon be released on bail to appear for sentence on Tuesday 2 December 2014, with the following conditions: (a) That he be under the supervision of the Director-General or her delegate to comply with all reasonable directions of the person delegated to supervise him; (b) That until admitted to the rehabilitation program at Bennelong’s Haven, Kinchella, New South Wales, he reside at [Redacted]; (c) That by no later than 30 July 2014, he admit himself to the rehabilitation program at Bennelong’s Haven and remain in that program save for attendance at Court until it is completed; (d) That he obey all reasonable directions of the person in charge of the Program; (e) That he consent to the staff of Bennelong’s Haven providing any information about him and his progress in the Program as may be reasonably be required by the person delegated to supervise him; (f) That if he is not admitted to the Program, or is discharged from the program, he report within forty-eight hours to the Registrar of the Supreme Court of the ACT in person for a review of his bail; and (g) That he not drink alcohol or consume illicit drugs. |
Category: | Principal Judgment |
Catchwords: | CRIMINAL LAW – Judgment and Punishment – Sentencing – Sentencing for stale offences – Deferred sentence order – Burglary –… |
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- AGLC
- R v McMahon [2014] ACTSC 280
- Case
- [2014] ACTSC 280
- Decision Date
CaseChat Overview and Summary
The court had to navigate complex legal issues surrounding the admissibility and weight of evidence from different periods, as well as the applicability of deferred sentence orders. It needed to consider the principle of justice in light of the time elapsed between the offences and the present, the defendant’s criminal history, and his current circumstances, including his participation in a rehabilitation program. Furthermore, the court had to address the principle of double jeopardy and whether the defendant could be tried again for certain offences due to procedural errors in the initial proceedings.
The Supreme Court of the ACT found McMahon guilty on all charges. However, it deferred sentencing to allow McMahon to participate in a rehabilitation program at Bennelong’s Haven. The court set stringent bail conditions to ensure McMahon's appearance for sentencing and compliance with the program. The conditions included residence at a specified address, participation in the rehabilitation program, and abstaining from alcohol and illicit drugs. The court scheduled a review of his bail if he failed to adhere to the program requirements.
The final orders included convictions on all charges but deferred sentencing pending the completion of the rehabilitation program. McMahon was released on bail with conditions to appear for sentencing on a specified date. This decision highlights the court's approach to balancing justice and rehabilitation, particularly in cases involving repeat offenders and lengthy time spans between offences.
Orders
Orders of the court
1. Jason Andrew McMahon be convicted of the offence of burglary on 14 May 1997.
2. Jason Andrew McMahon be convicted of the offence of theft on 14 May 1997.
3. Jason Andrew McMahon be convicted of the offence of burglary on 21 May 1997.
4. Jason Andrew McMahon be convicted the offence of damaging property on 21 May 1997.
5. I convict you of the offence of burglary on 23 May 1997.
6. Jason Andrew McMahon be convicted of the offence of damaging property on 23 May 1997.
7. Jason Andrew McMahon be convicted of the offence of burglary on 23 May 1997.
8. Jason Andrew McMahon be convicted of the offence of theft on 23 May 1997.
9. Jason Andrew McMahon be convicted of the offence of possessing stolen property on 28 May 1997.
10. Jason Andrew McMahon be convicted of the offence of failing to appear in accordance with your bail undertaking on 10 June 1998.
11. Jason Andrew McMahon be convicted of the offence of assault on 1 January 2008.
12. Jason Andrew McMahon be convicted of the offence of damaging property on 1 January 2008.
13. Jason Andrew McMahon be convicted of the offence of assault on 1 January 2008.
14. Jason Andrew McMahon be convicted of the offence of damaging property on 1 January 2008.
15. Jason Andrew McMahon not be sentenced for the offences of which he has been convicted at this time.
16. Jason Andrew McMahon be released on bail to appear for sentence on Tuesday 2 December 2014, with the following conditions:
(a) That he be under the supervision of the Director-General or her delegate to comply with all reasonable directions of the person delegated to supervise him;
(b) That until admitted to the rehabilitation program at Bennelong’s Haven, Kinchella, New South Wales, he reside at [Redacted];
(c) That by no later than 30 July 2014, he admit himself to the rehabilitation program at Bennelong’s Haven and remain in that program save for attendance at Court until it is completed;
(d) That he obey all reasonable directions of the person in charge of the Program;
(e) That he consent to the staff of Bennelong’s Haven providing any information about him and his progress in the Program as may be reasonably be required by the person delegated to supervise him;
(f) That if he is not admitted to the Program, or is discharged from the program, he report within forty-eight hours to the Registrar of the Supreme Court of the ACT in person for a review of his bail; and
(g) That he not drink alcohol or consume illicit drugs.
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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