R v Ogilvie

Case [2015] ACTSC 296


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

The Queen v Dillon Ogilvie

Citation:

[2015] ACTSC 296

Hearing Date(s):

8 September 2015

DecisionDate:

9 September 2015

Before:

Refshauge J

Decision:

1.    Dillon Ogilvie is convicted of aggravated burglary on 18 June 2014. 

2.    He is sentenced to imprisonment for two years and one month to commence on 2 September 2015. 

3.    Dillon Ogilvie is convicted of dishonestly driving somebody else’s motor vehicle without consent on 18 June 2015. 

4.    He is sentenced to imprisonment for 10 months, to commence also on 2 September 2015.  

5.    Dillon Ogilvie is convicted of burglary on 19 June 2014. 

6.    He is sentenced to 18 months imprisonment to commence on 2 April 2017, to be cumulative as to 12 months on the sentence for aggravated burglary. 

7.    Dillon Ogilvie is convicted of dishonestly taking someone else’s motor vehicle without consent. 

8.    He is sentenced to imprisonment for 10 months to commence on 2 February 2018, to be cumulative as to two months on the sentence for burglary. 

9.    Dillon Ogilvie is convicted of theft on 19 June 2014. 

10.   He is sentenced to imprisonment for 10 months to commence on 2 April 2018, to be cumulative as to two months on the sentence for dishonestly taking somebody else’s motor vehicle without consent. 

11.   The sentence is suspended today, 9 September 2015, for three years. 

12.   Dillon Ogilvie is required to sign an undertaking to comply with the offender’s good behaviour obligations under the Crimes (Sentence Administration) Act 2005 (ACT) to be of good behaviour for three years with the following conditions:

1.     That he pay the sum of $200 to the Registrar of the Supreme Court within two months for payment out to the Botha Family Trust, 6‑8 Botany Street, Phillip, ACT;

2.     A probation condition that he accept supervision of the Director-General or her delegate for a period of two years or such lesser period as the person supervising him considers appropriate, and that he obey all reasonable directions of the person, including as to counselling for anger management;

3.     A community service work condition that he perform 150 hours of community service work within two years of today, 9 September 2015.

13.   Dillon Ogilvie is convicted of being a first offender driving on 18 June 2014 while your licence was suspended by law.

14.   Dillon Ogilvie is required to sign an undertaking to comply with the offender’s good behaviour obligation under the Crimes (Sentence Administration) Act (2005) (ACT) to be of good behaviour for 12 months.

15.   Dillon Ogilvie is convicted of being a first offender of driving on 19 June 2014 while your licence was suspended by law. 

16.   Dillon Ogilvie is required to sign an undertaking to comply with the offender’s good behaviour obligations under the Crimes (Sentence Administration) Act 2005 (ACT).

17. It is noted that, under s 32(6)(a) of the Road Transport (Driver Licensing) Act an automatic disqualification from holding or obtaining a driver licence applies…

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AGLC
R v Ogilvie [2015] ACTSC 296
Case
[2015] ACTSC 296
Decision Date

CaseChat Overview and Summary

The case of R v Ogilvie dealt with Dillon Ogilvie’s criminal activities, which included aggravated burglary, burglary, theft, and dishonestly taking and driving a motor vehicle without consent. The Supreme Court of the Australian Capital Territory was responsible for adjudicating on these matters. The court had to determine the appropriate sentences for these crimes and consider the principles of cumulation and concurrency of sentences.

The legal issues before the court were primarily concerned with sentencing principles, specifically how to aggregate the sentences for multiple convictions, taking into account the need for rehabilitation and reformation. The court needed to balance the severity and nature of the crimes against the potential for Ogilvie’s rehabilitation. It was also required to consider how to enforce the sentences to ensure they were effective in deterring further criminal activity and promoting community safety.

In its decision, the court acknowledged the seriousness of Ogilvie’s offences but also recognised the potential for his rehabilitation. The court sentenced Ogilvie to various terms of imprisonment, some of which were to run concurrently and others cumulatively, taking into account the need to impose a just and effective sentence. The court also imposed a three-year suspended sentence, which included conditions such as paying a fine, accepting probation supervision, and performing community service. The court directed that Ogilvie’s disqualification from holding a driver’s licence run concurrently with his imprisonment terms.

The final orders included convictions for multiple offences, specific sentences for each offence, conditions for the suspended sentence, and directives for Ogilvie’s compliance with good behaviour obligations. The court also noted the automatic disqualification from holding a driver’s licence for a period of one month, which was to run concurrently with the imprisonment terms. Ogilvie was directed to report to ACT Corrective Services to commence his sentence.

Orders

Orders of the court

1. Dillon Ogilvie is convicted of aggravated burglary on 18 June 2014.

2. He is sentenced to imprisonment for two years and one month to commence on 2 September 2015.

3. Dillon Ogilvie is convicted of dishonestly driving somebody else’s motor vehicle without consent on 18 June 2015.

4. He is sentenced to imprisonment for 10 months, to commence also on 2 September 2015.

5. Dillon Ogilvie is convicted of burglary on 19 June 2014.

6. He is sentenced to 18 months imprisonment to commence on 2 April 2017, to be cumulative as to 12 months on the sentence for aggravated burglary.

7. Dillon Ogilvie is convicted of dishonestly taking someone else’s motor vehicle without consent.

8. He is sentenced to imprisonment for 10 months to commence on 2 February 2018, to be cumulative as to two months on the sentence for burglary.

9. Dillon Ogilvie is convicted of theft on 19 June 2014.

10. He is sentenced to imprisonment for 10 months to commence on 2 April 2018, to be cumulative as to two months on the sentence for dishonestly taking somebody else’s motor vehicle without consent.

11. The sentence is suspended today, 9 September 2015, for three years.

12. Dillon Ogilvie is required to sign an undertaking to comply with the offender’s good behaviour obligations under the Crimes (Sentence Administration) Act 2005 (ACT) to be of good behaviour for three years with the following conditions:

1. That he pay the sum of $200 to the Registrar of the Supreme Court within two months for payment out to the Botha Family Trust, 6‑8 Botany Street, Phillip, ACT;

2. A probation condition that he accept supervision of the Director-General or her delegate for a period of two years or such lesser period as the person supervising him considers appropriate, and that he obey all reasonable directions of the person, including as to counselling for anger management;

3. A community service work condition that he perform 150 hours of community service work within two years of today, 9 September 2015.

13. Dillon Ogilvie is convicted of being a first offender driving on 18 June 2014 while your licence was suspended by law.

14. Dillon Ogilvie is required to sign an undertaking to comply with the offender’s good behaviour obligation under the Crimes (Sentence Administration) Act (2005) (ACT) to be of good behaviour for 12 months.

15. Dillon Ogilvie is convicted of being a first offender of driving on 19 June 2014 while your licence was suspended by law.

16. Dillon Ogilvie is required to sign an undertaking to comply with the offender’s good behaviour obligations under the Crimes (Sentence Administration) Act 2005 (ACT).

17. It is noted that, under s 32(6)(a) of the Road Transport (Driver Licensing) Act an automatic disqualification from holding or obtaining a driver licence applies for a period of 1 month from today, 9 September 2015.

18. The periods of disqualification are directed to run concurrently.

19. Dillon Ogilvie is directed to attend ACT Corrective Services at Eclipse House, London Circuit, Canberra City by 4:00pm today, 9 September 2015.

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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