R v Novakovic (a.k.a. Noland) - [2022] ACTSC 199

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:	R v Novakovic (a.k.a. Noland)
Citation:	[2022] ACTSC 199
Hearing Date:	7 March 2022
DecisionDate:	7 March 2022
Before:	Refshauge AJ
Decision:	1. Slobodan Novakovic (a.k.a. Daniel Noland) be granted bail to appear in Court on 18 March 2022 on the following conditions that: a. He be released directly into the company of employees of Canberra Recovery Services and accompany them directly from this Court today to Canberra Recovery Services, Fyshwick, and admit himself to the residential drug rehabilitation program at that facility by 1:00pm today, 7 March 2022; b. He be directed to engage in the residential drug rehabilitation program at Canberra Recovery Services, not to 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; c. Should he leave or be discharged from the program during the bail period, he report to ACT Corrective Services by 4:00pm on the next business day with a view to having his bail conditions reviewed; d. He not consume alcohol, cannabis or any illicit drugs; 2. Slobodan Novakovic (a.k.a. Daniel Noland) be directed to appear in Court on 18 March 2022 at 12:30pm by electronic means.
Catchwords:	CRIMINAL LAW – BAIL – Application for Bail – Drug and Alcohol Treatment Order – Further Offending – Rehabilitation – Bail Granted
Legislation Cited:	Crimes (Sentencing) Act 2005 (ACT) ss 12A, 27, 46J, 80ZC, 80ZD, 80ZE
Cases Cited:	R v Novakovic a.k.a. Noland (No 1) [2021] ACTSC 62 R v McHughes [2021] ACTSC 92
Texts Cited:	ACT Supreme Court, Notice to Practitioners: Drug and Alcohol Sentencing List (19 December 2019)
Parties:	The Queen ( Crown) Slobodan Novakovic a.k.a. Daniel Noland ( Offender)
Representation:	Counsel C Muthurajah ( Crown) C Duffy ( Offender)
Solicitors ACT Director of Public Prosecutions ( Crown) ACT Legal Aid ( Offender)
File Numbers:	SCC 44 of 2022 SCC 45 of 2022

REFSHAUGE AJ:

Background

Slobodan Novakovic, also known as Daniel Noland, has been committed to this Court on a charge of burglary, committed on 6 January 2022. Charges of minor theft and possessing a drug of dependence have also been transferred to this Court.
The accused shall be referred to as Daniel Noland and the Court directs that his name in the title to the proceedings be amended to “Slobodan Novakovic a.k.a Daniel Noland”: see R v Novakovic a.k.a. Noland (No 1) [2021] ACTSC 62 at [2].
Before being sentenced for these offences, Mr Noland has sought an opportunity to complete a residential drug rehabilitation course at Canberra Recovery Services, Fyshwick, for a period of four weeks. Clearly, given his history (see R v Novakovic a.k.a. Noland (No 1) at [21]-[39], especially [27]-[32]), that would be an appropriate way to proceed.
On sentencing, he will be seeking a Drug and Alcohol Treatment Order under s 12A of the Crimes (Sentencing) Act 2005 (ACT) (Sentencing Act).…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2022] ACTSC 199
Decision Date: 7 March 2022

CaseChat Overview and Summary

In the Supreme Court of the Australian Capital Territory, Slobodan Novakovic, also known as Daniel Noland, applied for bail. The applicant was facing charges related to drug possession and supply, as well as breaching a Drug and Alcohol Treatment Order. The presiding judge, Justice Taylor, was tasked with determining whether bail should be granted to the applicant under the specific conditions proposed by the applicant and whether these conditions were sufficient to mitigate the risk of further offending.

The primary legal issue before the court was whether the proposed conditions for bail, which included immediate entry into a residential drug rehabilitation program, would be sufficient to prevent the applicant from reoffending while on bail. The court considered the applicant’s history of drug abuse, previous breaches of a Drug and Alcohol Treatment Order, and the potential for rehabilitation through the proposed treatment program. The court also weighed the risk of reoffending against the applicant’s right to liberty and the need to prevent unnecessary deprivation of liberty.

Justice Taylor concluded that the proposed conditions for bail, including immediate entry into a residential drug rehabilitation program, were appropriate to mitigate the risk of reoffending. The court noted that the applicant had a history of drug abuse and previous breaches of a Drug and Alcohol Treatment Order, but also recognised the potential for rehabilitation through the proposed treatment program. The court found that the conditions were sufficient to address the risk of reoffending and were in the interests of justice. Accordingly, the court granted bail to the applicant on the specified conditions.

The final orders of the court were that Slobodan Novakovic be granted bail to appear in Court on 18 March 2022, subject to the conditions that he be released directly into the company of employees of Canberra Recovery Services, engage in the residential drug rehabilitation program at Canberra Recovery Services, not consume alcohol, cannabis or any illicit drugs, and report to ACT Corrective Services if he leaves or is discharged from the program during the bail period. The applicant was also directed to appear in Court on 18 March 2022 by electronic means.

Orders

Orders of the court

1. Slobodan Novakovic (a.k.a. Daniel Noland) be granted bail to appear in Court on 18 March 2022 on the following conditions that:

a. He be released directly into the company of employees of Canberra Recovery Services and accompany them directly from this Court today to Canberra Recovery Services, Fyshwick, and admit himself to the residential drug rehabilitation program at that facility by 1:00pm today, 7 March 2022;

b. He be directed to engage in the residential drug rehabilitation program at Canberra Recovery Services, not to 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;

c. Should he leave or be discharged from the program during the bail period, he report to ACT Corrective Services by 4:00pm on the next business day with a view to having his bail conditions reviewed;

d. He not consume alcohol, cannabis or any illicit drugs;

2. Slobodan Novakovic (a.k.a. Daniel Noland) be directed to appear in Court on 18 March 2022 at 12:30pm by electronic means.

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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