R v Monaghan (No 3)

Case [2021] ACTSC 279

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Monaghan (No 3)

Citation:

[2021] ACTSC 279

Hearing Date:

14 May 2021

DecisionDate:

16 June 2021

Before:

Refshauge AJ

Decision:

1.    Jonathan Monaghan’s conviction for dangerous driving be confirmed and he be sentenced to six months imprisonment, commencing on 18 May 2020 and expiring on 17 November 2020.

2.    Jonathan Monaghan be convicted of aggravated robbery and be sentenced to 36 months imprisonment, commencing on 18 November 2020 and expiring on 17 November 2023.

3.    Jonathan Monaghan be convicted of dishonestly driving a motor vehicle without the owner’s consent and be sentenced to eight months imprisonment, commencing on 18 July 2023 and expiring on 17 March 2024.

4.    Jonathan Monaghan be convicted of failing to stop a motor vehicle for police and be sentenced to three months imprisonment, commencing on 18 February 2024 and expiring on 17 May 2024.

5. Jonathan Monaghan be convicted of being an unlicensed driver and be required to sign an undertaking to comply with the offenders Good Behaviour Obligations under s 85 of the Crimes (Sentence Administration) Act 2005 (ACT) for a period of 12 months from today, 16 June 2021.

6. A Drug and Alcohol Treatment Order under s 12A of the Crimes (Sentencing) Act 2005 (ACT) be made for Jonathan Monaghan for two years from today, commencing on 16 June 2021 and ending on 15 June 2023, in respect of the primary offence of aggravated robbery of which he has been convicted and for which he has been sentenced to three years imprisonment.

7.    That Order be extended to the associated offences of dishonestly driving a motor vehicle without the owner’s consent and failing to stop a motor vehicle for police, of which Jonathan Monaghan has been convicted and for which he has been sentenced.

8.    It be noted that convictions and sentences imposed for the primary and associated offences have been recorded and hereby are incorporated into the Drug and Alcohol Treatment Order in the Custodial Part of the Order.

9. The custodial period 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, 16 June 2021, until 17 May 2024.

10. Jonathan Monaghan 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, 16 June 2023, until the end of the total sentence, 17 May 2024, 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.

11.  For the treatment and supervision part of the Drug and Alcohol Treatment Order:

a.…

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AGLC
R v Monaghan (No 3) [2021] ACTSC 279
Case
[2021] ACTSC 279
Decision Date

CaseChat Overview and Summary

Jonathan Monaghan was before the Court on a number of charges, including dangerous driving, aggravated robbery, dishonestly driving a motor vehicle without the owner’s consent, failing to stop a motor vehicle for police and being an unlicensed driver. The Court confirmed Monaghan’s convictions on all charges and imposed a range of sentences. The primary offence was aggravated robbery, for which Monaghan was sentenced to 36 months imprisonment. The Court also imposed sentences for the other offences, which were to be served consecutively.

The Court considered a range of sentencing principles and options, including the need for denunciation, deterrence, rehabilitation and protection of the community. The Court also considered Monaghan’s background and personal circumstances, including his history of drug and alcohol abuse and his willingness to engage in rehabilitation programs. The Court imposed a Drug and Alcohol Treatment Order for two years, which was extended to cover the associated offences. The custodial period of the Order was suspended until the end of the sentence for the associated offences. The Court also imposed a Good Behaviour Order for the period after the Drug and Alcohol Treatment Order.

The Court ordered Monaghan to sign an undertaking to comply with the Order and any obligations under the Crimes (Sentence Administration) Act 2005 (ACT). Monaghan was also directed to appear in Court by electronic means on a specified date and to sign a sealed copy of the Order and undertaking before leaving the Court precinct.

The Court’s decision was comprehensive and considered all relevant factors. The outcome reflects the seriousness of Monaghan’s offending and the need to protect the community while also providing an opportunity for rehabilitation.

Orders

Orders of the court

1. Jonathan Monaghan’s conviction for dangerous driving be confirmed and he be sentenced to six months imprisonment, commencing on 18 May 2020 and expiring on 17 November 2020.

2. Jonathan Monaghan be convicted of aggravated robbery and be sentenced to 36 months imprisonment, commencing on 18 November 2020 and expiring on 17 November 2023.

3. Jonathan Monaghan be convicted of dishonestly driving a motor vehicle without the owner’s consent and be sentenced to eight months imprisonment, commencing on 18 July 2023 and expiring on 17 March 2024.

4. Jonathan Monaghan be convicted of failing to stop a motor vehicle for police and be sentenced to three months imprisonment, commencing on 18 February 2024 and expiring on 17 May 2024.

5. Jonathan Monaghan be convicted of being an unlicensed driver and be required to sign an undertaking to comply with the offenders Good Behaviour Obligations under s 85 of the Crimes (Sentence Administration) Act 2005 (ACT) for a period of 12 months from today, 16 June 2021.

6. A Drug and Alcohol Treatment Order under s 12A of the Crimes (Sentencing) Act 2005 (ACT) be made for Jonathan Monaghan for two years from today, commencing on 16 June 2021 and ending on 15 June 2023, in respect of the primary offence of aggravated robbery of which he has been convicted and for which he has been sentenced to three years imprisonment.

7. That Order be extended to the associated offences of dishonestly driving a motor vehicle without the owner’s consent and failing to stop a motor vehicle for police, of which Jonathan Monaghan has been convicted and for which he has been sentenced.

8. It be noted that convictions and sentences imposed for the primary and associated offences have been recorded and hereby are incorporated into the Drug and Alcohol Treatment Order in the Custodial Part of the Order.

9. The custodial period 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, 16 June 2021, until 17 May 2024.

10. Jonathan Monaghan 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, 16 June 2023, until the end of the total sentence, 17 May 2024, 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.

11. 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. Jonathan Monaghan travel directly from this Court today to Canberra Recovery Services, Fyshwick, and admit himself to the residential drug rehabilitation program there by 1:00 pm today, 16 June 2021;

c. Jonathan Monaghan be directed to complete the residential drug rehabilitation program at Canberra Recovery Services, to not leave the facility until he has completed the course and to comply with all the directions of the person in charge of the program and all the rules of the program and the facility;

d. Should Jonathan Monaghan leave or be discharged from the program before completing it, he report to ACT Corrective Services by 4 pm on the next business day with a view to having his Drug and Alcohol Treatment Order reviewed;

e. Jonathan Monaghan 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

f. Jonathan Monaghan comply with any directions of the Court from time to time about attendance at Court in person or by electronic means.

12. Jonathan Monaghan be directed to appear by electronic means in Court on Friday 25 June 2021 at 12:30 pm.

13. Jonathan Monaghan be directed to attend the Court Registry before he leaves the Court precinct 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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