THE QUEEN v JONATHON MONAGHAN (No 3)
[2012] ACTSC 45 (13 February 2012)
CRIMINAL LAW – jurisdiction, practice and procedure – bail – residential rehabilitation placement available – application opposed – insufficient time allegedly served and risk of reoffending – no prior attempts at rehabilitation – opportunity to demonstrate engagement in rehabilitation program – bail granted
CRIMINAL LAW – jurisdiction, practice and procedure – judgement and punishment – sentencing – indigenous offenders – importance of rehabilitation for young offenders
Criminal Code 2002 (ACT), ss 308, 309, 310, 311, 312, 318(2)
Crimes (Sentencing) Act 2005 (ACT) s 27
R v Monaghan [2009] ACTSC 61
R v Monaghan(No 2) [2011] ACTSC 62
TM v Karapanos (2011) 250 FLR 366
R v Mills [1998] 4 VR 235
Hogan v Hinch (2011) 243 CLR 506
EX TEMPORE JUDGMENT
No. SCC 26 of 2009
No. SCC 362 of 2009
No. SCC 363 of 2009
No. SCC 128 of 2011
No. SCC 129 of 2011
No. SCC 18 of 2012
Judge: Refshauge J
Supreme Court of the ACT
Date: 13 February 2012
IN THE SUPREME COURT OF THE ) No. SCC 26 of 2009
) No. SCC 362 of 2009
AUSTRALIAN CAPITAL TERRITORY ) No. SCC 363 of 2009
No. SCC 128 of 2011
No. SCC 129 of 2011
No. SCC 18 of 2012
R
V
JONATHON MONAGHAN
ORDER
Judge: Refshauge J
Date: 13 February 2012
Place: Canberra
THE COURT ORDERS THAT:
The sentencing proceedings be adjourned to 2 May 2012.
Mr Monaghan be granted bail to appear on 2 May 2012 on the conditions that:
1. he accept supervision by the Director General of Corrective Services or her delegate, and obey all reasonable directions of the person delegated to supervise him;
2. he accept monitoring by CADAS;
3. he abstain from the use of illicit drugs and alcohol;
4. he submit, as and when required, to breath analysis and urinalysis;
5. he not operate a motor vehicle, be in possession of the keys to a motor vehicle or be in the drivers’ seat of a motor vehicle;
6. he be released on 14 February 2012 into the custody of a staff member of the Aboriginal Justice Centre or Karralika Programs Inc and accompany that person to the Karralika facility for the purpose of undergoing treatment;
7. if, for any reason, he is not admitted to Karralika he must report, as soon as possible, and in any case within 24 hours, to the Registrar of the Supreme Court in person, for the purpose of his bail being reviewed;
8. he remain in Karralika program, except for any absences to attend court, and obey all reasonable directions in respect of that program and not terminate or absent himself from that program without prior permission of the Supreme Court;
9. if discharged from that program for any reason, he must report as soon as possible, and in any case within 24 hours, to the Registrar of the Supreme Court in person, for reconsideration of his bail.
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- AGLC
- R v Monaghan (No 3) [2012] ACTSC 45
- Case
- [2012] ACTSC 45
- Decision Date
CaseChat Overview and Summary
The court considered the arguments from both sides and took into account the opportunity for Monaghan to demonstrate his engagement in the rehabilitation program. The judge emphasised the importance of rehabilitation, particularly for young offenders, and noted the significance of providing a chance for individuals to reintegrate into society through structured programs. The court found that granting bail would not only give Monaghan the opportunity to participate in the rehabilitation program but also align with the broader objectives of the criminal justice system, particularly in relation to indigenous offenders and the promotion of rehabilitation.
In granting bail, the court recognised that Monaghan had the potential to benefit from the residential rehabilitation placement, which could reduce the risk of reoffending and facilitate his reintegration into society. The court acknowledged the importance of providing such opportunities to young offenders, particularly those from indigenous backgrounds. The sentencing proceedings were subsequently adjourned to 2 May 2012.
Orders
Orders of the court
1.
The sentencing proceedings be adjourned to 2 May 2012.
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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