SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v McMahon (No 2) |
Citation: | [2017] ACTSC 299 |
Hearing Date: | 5 October 2017 |
DecisionDate: | 9 October 2017 |
Before: | Refshauge J |
Decision: | 1. The reasons in R v McMahon [2014] ACTSC 280 be amended by omitting items 29 and 30 in [113] and also items 13 and 14 in the Decision on the front page. 2. Otherwise, the convictions entered on 24 July 2014 for Jason Andrew McMahon be confirmed. 3. For the offence of burglary committed on 14 May 1997, Jason Andrew McMahon be sentenced to 18 months imprisonment to commence on 23 March 2016. 4. For the offence of theft committed on 14 May 1997, Jason Andrew McMahon be sentenced to 12 months imprisonment to commence on 23 March 2016. 5. For the offence of burglary committed on 21 May 1997, Jason Andrew McMahon be sentenced to 18 months imprisonment to commence on 23 September 2016. 6. For the offence of damaging property on 21 May 1997, Jason Andrew McMahon be sentenced to six months imprisonment to commence on 23 November 2017. 7. For the offence of burglary committed on 23 May 1997, Jason Andrew McMahon be sentenced to 18 months imprisonment to commence on 23 March 2017. 8. For the offence of damaging property on 23 May 1997, Jason Andrew McMahon be sentenced to six months imprisonment to commence on 23 May 2018. 9. For the second offence of burglary committed on 23 May 1997, Jason Andrew McMahon be sentenced to 18 months imprisonment to commence on 23 November 2017. 10. For the offence of theft committed on 23 May 1997, Jason Andrew McMahon be sentenced to 15 months imprisonment to commence on 23 May 2018. 11. For the offence of possession of stolen property, Jason Andrew McMahon be sentenced to two months imprisonment to commence on 23 August 2019. 12. For the offence of failing to appear in accordance with his bail undertaking on 10 June 1998, Jason Andrew McMahon be sentenced to two months imprisonment to commence on 22 October 2019. 13. For the offence of assault on 1 January 2008, Jason Andrew McMahon be sentenced to three months imprisonment to commence on 23 December 2019. 14. For the offence of damaging property on 1 January 2008, Jason Andrew McMahon be sentenced to six months imprisonment to commence on 23 December 2019. 15. The sentence be suspended on 22 December 2017 for three years. 16. Jason Andrew McMahon be required to sign an undertaking to comply with the offender’s Good Behaviour Obligations under the Crimes (Sentence Administration) Act 2005 (ACT) for a period of three years from 23 December 2017 with the following conditions: (a) that he accept the supervision of the Director-General or her delegate for a period of three years or such lesser period as the person supervising him determines to be appropriate; (b) that he obey all reasonable directions of the person supervising him, especially as to the compliance with medication prescribed… |
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- AGLC
- R v McMahon (No 2) [2017] ACTSC 299
- Case
- [2017] ACTSC 299
- Decision Date
CaseChat Overview and Summary
The court's reasoning focused on the totality of McMahon's criminal conduct, his history of drug use, and his repeated failures to comply with court orders and obligations. The court noted that many of the offences were stale, having occurred over two decades ago, but acknowledged that McMahon had been responsible for much of the delay in bringing the case to a conclusion. The court considered McMahon's childhood disadvantage, his expression of remorse, and his participation in a drug rehabilitation program as mitigating factors. However, the court emphasised the need for general and specific deterrence given McMahon's extensive criminal history and repeated breaches of court orders. The court ultimately determined that a sentence of imprisonment was necessary to adequately reflect the seriousness of the offences and to achieve the aims of general and specific deterrence.
The final orders of the court included confirming the convictions, setting specific sentences for each offence to commence on specified dates, and requiring McMahon to comply with Good Behaviour Obligations for a period of three years. The sentences were to be served consecutively, with the total period of imprisonment amounting to 10 years and 9 months, suspended for three years on certain conditions. The court also ordered that McMahon sign an undertaking to comply with the conditions of his Good Behaviour Obligations, including supervision by the Director-General, obeying all reasonable directions, and maintaining contact with Bennelong’s Haven to enter the program as soon as a place was available.
Orders
Orders of the court
1. The reasons in R v McMahon [2014] ACTSC 280 be amended by omitting items 29 and 30 in [113] and also items 13 and 14 in the Decision on the front page.
2. Otherwise, the convictions entered on 24 July 2014 for Jason Andrew McMahon be confirmed.
3. For the offence of burglary committed on 14 May 1997, Jason Andrew McMahon be sentenced to 18 months imprisonment to commence on 23 March 2016.
4. For the offence of theft committed on 14 May 1997, Jason Andrew McMahon be sentenced to 12 months imprisonment to commence on 23 March 2016.
5. For the offence of burglary committed on 21 May 1997, Jason Andrew McMahon be sentenced to 18 months imprisonment to commence on 23 September 2016.
6. For the offence of damaging property on 21 May 1997, Jason Andrew McMahon be sentenced to six months imprisonment to commence on 23 November 2017.
7. For the offence of burglary committed on 23 May 1997, Jason Andrew McMahon be sentenced to 18 months imprisonment to commence on 23 March 2017.
8. For the offence of damaging property on 23 May 1997, Jason Andrew McMahon be sentenced to six months imprisonment to commence on 23 May 2018.
9. For the second offence of burglary committed on 23 May 1997, Jason Andrew McMahon be sentenced to 18 months imprisonment to commence on 23 November 2017.
10. For the offence of theft committed on 23 May 1997, Jason Andrew McMahon be sentenced to 15 months imprisonment to commence on 23 May 2018.
11. For the offence of possession of stolen property, Jason Andrew McMahon be sentenced to two months imprisonment to commence on 23 August 2019.
12. For the offence of failing to appear in accordance with his bail undertaking on 10 June 1998, Jason Andrew McMahon be sentenced to two months imprisonment to commence on 22 October 2019.
13. For the offence of assault on 1 January 2008, Jason Andrew McMahon be sentenced to three months imprisonment to commence on 23 December 2019.
14. For the offence of damaging property on 1 January 2008, Jason Andrew McMahon be sentenced to six months imprisonment to commence on 23 December 2019.
15. The sentence be suspended on 22 December 2017 for three years.
16. Jason Andrew McMahon be required to sign an undertaking to comply with the offender’s Good Behaviour Obligations under the Crimes (Sentence Administration) Act 2005 (ACT) for a period of three years from 23 December 2017 with the following conditions:
(a) that he accept the supervision of the Director-General or her delegate for a period of three years or such lesser period as the person supervising him determines to be appropriate;
(b) that he obey all reasonable directions of the person supervising him, especially as to the compliance with medication prescribed by his medical practitioner; and
(c) that he maintain contact with Bennelong’s Haven and enter that program as soon as he is admitted and a place is available and that he remain in the program until he has completed it.
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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