SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Montgomery |
Citation: | [2022] ACTSC 291 |
Hearing Date: | 25 March 2022 |
DecisionDate: | 31 March 2022 |
Before: | Refshauge AJ |
Decision: | 1) Joshua Montgomery be convicted of burglary and sentenced to 17 months imprisonment to commence on 15 August 2021 and expire on 14 January 2023. 2) Joshua Montgomery be convicted of theft and sentenced to 10 months imprisonment to commence on 15 October 2022 and expire on 14 August 2023. 3) Joshua Montgomery be convicted of failing to comply with public health directions and required to sign an undertaking to comply with the offender’s Good Behaviour Obligations under the Crimes (Sentencing) Act 2005 (ACT) for a period of 12 months, commencing today and expiring on 30 March 2023, and Joshua Montgomery be required to pay a fine of $200 within 12 months. 4) A Drug and Alcohol Treatment Order under s 12A of the Crimes (Sentencing) Act 2005 (ACT) be made for Joshua Montgomery from today, 31 March 2022, and ending on 14 August 2023 (16 months and 15 days) in respect of the primary offence of burglary (CAN 8531/2021) of which he has been convicted and for which he has been sentenced to 17 months imprisonment. 5) That Order be extended to the offence of theft (CAN 8532/2021) of which Joshua Montgomery has been convicted and for which he has been sentenced, and which is an associated offence of the primary offence. 6) It be noted that convictions for the primary offence and the associated offence have been recorded and that sentences have been imposed for each of them, which convictions and sentences be hereby incorporated into the Drug and Alcohol Treatment Order in the custodial part of the Order. 7) The custodial part 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, 31 March 2022, until 14 August 2023. 8) 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) Joshua Montgomery be directed to complete the Detention Exit Community Mental Health Outreach Program unless agreed otherwise by any member of the Treatment and Supervision Team; (c) Joshua Montgomery 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 (d) Joshua Montgomery comply with any directions of the Court from time to time about attendance at Court in person or by electronic means. 9) Joshua Montgomery be directed to appear in Court in person on Friday 1 April at 11:30 am. 10) Joshua Montgomery be directed to attend the Court Registry before he… |
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- AGLC
- R v Montgomery [2022] ACTSC 291
- Case
- [2022] ACTSC 291
- Decision Date
CaseChat Overview and Summary
The primary legal issue was whether the sentence imposed by the trial judge was manifestly excessive. The defendant argued that the sentence was harsh and excessive given his background, including his mental health issues and substance abuse. The court considered the subjective considerations relevant to sentencing, including the defendant's background, his prospects for rehabilitation, and the need for deterrence. The court held that the sentence was not manifestly excessive and dismissed the appeal.
The court found that the trial judge had properly considered the subjective factors relevant to sentencing and had balanced them appropriately against the need for deterrence and denunciation. The court also noted that the defendant had a history of substance abuse and mental health issues, which were taken into account in the sentencing. The court held that the sentence was appropriate and did not amount to a manifest excess of jurisdiction.
In conclusion, the court dismissed the defendant's appeal against his sentence and confirmed his convictions and sentencing. The court also imposed a fine of $200 and ordered the defendant to comply with a Drug and Alcohol Treatment Order for 16 months and 15 days, which was suspended for the custodial part of the order. The defendant was directed to appear in Court in person on Friday 1 April at 11:30 am and to attend the Court Registry before he leaves the Court precincts 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.
Orders
Orders of the court
1) Joshua Montgomery be convicted of burglary and sentenced to 17 months imprisonment to commence on 15 August 2021 and expire on 14 January 2023.
2) Joshua Montgomery be convicted of theft and sentenced to 10 months imprisonment to commence on 15 October 2022 and expire on 14 August 2023.
3) Joshua Montgomery be convicted of failing to comply with public health directions and required to sign an undertaking to comply with the offender’s Good Behaviour Obligations under the Crimes (Sentencing) Act 2005 (ACT) for a period of 12 months, commencing today and expiring on 30 March 2023, and Joshua Montgomery be required to pay a fine of $200 within 12 months.
4) A Drug and Alcohol Treatment Order under s 12A of the Crimes (Sentencing) Act 2005 (ACT) be made for Joshua Montgomery from today, 31 March 2022, and ending on 14 August 2023 (16 months and 15 days) in respect of the primary offence of burglary (CAN 8531/2021) of which he has been convicted and for which he has been sentenced to 17 months imprisonment.
5) That Order be extended to the offence of theft (CAN 8532/2021) of which Joshua Montgomery has been convicted and for which he has been sentenced, and which is an associated offence of the primary offence.
6) It be noted that convictions for the primary offence and the associated offence have been recorded and that sentences have been imposed for each of them, which convictions and sentences be hereby incorporated into the Drug and Alcohol Treatment Order in the custodial part of the Order.
7) The custodial part 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, 31 March 2022, until 14 August 2023.
8) 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) Joshua Montgomery be directed to complete the Detention Exit Community Mental Health Outreach Program unless agreed otherwise by any member of the Treatment and Supervision Team;
(c) Joshua Montgomery 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
(d) Joshua Montgomery comply with any directions of the Court from time to time about attendance at Court in person or by electronic means.
9) Joshua Montgomery be directed to appear in Court in person on Friday 1 April at 11:30 am.
10) Joshua Montgomery be directed to attend the Court Registry before he leaves the Court precincts 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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