R v O'Neil - [2021] ACTSC 345

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:	R v O’Neil
Citation:	[2021] ACTSC 345
Hearing Date:	6 August 2021
DecisionDate:	13 August 2021
Before:	Refshauge AJ
Decision:	1. Graham Stephen O’Neil be convicted of possessing for sale or supply and be sentenced to 13 months imprisonment, to commence on 13 August 2021 and expire on 12 September 2022. 2. Graham Stephen O’Neil be convicted of possessing of a prohibited weapon and be sentenced to 2 months imprisonment, to commence on 13 September 2022 and expire on 12 November 2022. 3. Graham Stephen O’Neil be convicted of possessing a drug of dependence and be sentenced to 1 month imprisonment, to commence on 13 November 2022 and expire on 12 December 2022. 4. Graham Stephen O’Neil be convicted of possessing a drug of dependence and be sentenced to 1 month imprisonment, to commence on 13 December 2022 and end on 12 January 2023. 5. Graham Stephen O’Neil be convicted of possessing a drug of dependence and be sentenced to 1 month imprisonment, to commence on 13 January 2023 and end on 12 February 2023. 6. A Drug and Alcohol Treatment Order under s 12A of the Crimes (Sentencing) Act 2005 (ACT) be made for Graham Stephen O’Neil for 15 months from today, commencing on 13 August 2021 and expiring on 12 November 2022, in respect of the primary offence of possessing for sale or supply. 7. That Order be extended to the offences of possession of a prohibited weapon and the three counts of possessing a drug of dependence, the associated offences of the primary offence. 8. The convictions for the primary offence and the associated offences have been recorded and that sentences have been imposed for each of them and be hereby incorporated into the Custodial Part of the Drug and Alcohol Treatment Order. 9. The Custodial Part of the Drug and Alcohol Treatment Order be hereby suspended under s 80W of the Crimes (Sentencing) Act 2005 (ACT) from today, 13 August 2021, until 12 February 2023. 10. Under ss 22 and 80ZA of the Crimes (Sentencing) Act 2005 (ACT), Graham Stephen O’Neil 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 13 November 2022 until 12 February 2023, 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. Graham Stephen O’Neil be directed to undertake any program, treatment or counselling, urinalysis or case management that may be required by any member…

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.

Continue reading R v O'Neil

Details

AGLC: R v O'Neil [2021] ACTSC 345
Case: [2021] ACTSC 345
Decision Date

CaseChat Overview and Summary

In this case, the Supreme Court of the Australian Capital Territory sentenced Graham Stephen O’Neil for various drug-related offences, including possessing methylamphetamine for sale or supply, possessing a prohibited weapon, and possessing a drug of dependence. The court also considered Mr O'Neil's request for a Drug and Alcohol Treatment Order (Treatment Order) under s 12A of the Crimes (Sentencing) Act 2005 (ACT). The court found Mr O'Neil eligible for a Treatment Order and decided to make one for 15 months, with the custodial part of the order suspended from 13 August 2021 to 12 February 2023. The court emphasised the importance of Mr O'Neil's commitment to rehabilitation and abstinence from drugs and alcohol for the success of the Treatment Order.

The court considered the seriousness of the offences, the need for deterrence, and the potential for rehabilitation in determining the sentence and the making of the Treatment Order. The court also took into account Mr O'Neil's personal circumstances, including his history of drug use, mental health issues, and criminal record. The court ultimately decided that a suspended sentence combined with a Treatment Order would provide the best opportunity for Mr O'Neil to reform and reintegrate into the community.

Orders