SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Ogilvie (No 2) |
Citation: | [2016] ACTSC 265 |
Hearing Dates: | 13 July 2016 |
DecisionDate: | 15 July 2016 |
Before: | Refshauge J |
Decision: | 1. The Good Behaviour Order made for Dillon Ogilvie on 9 September 2015 be cancelled. 2. The conviction of aggravated burglary on 18 June 2014 be confirmed. 3. Dillon Ogilvie be sentenced to two years and one month imprisonment to commence on 8 July 2016. 4. The conviction of dishonestly driving somebody else’s motor vehicle without consent on 18 June 2015 be confirmed. 5. Dillon Ogilvie be sentenced to 10 months imprisonment to commence on 8 July 2016, wholly concurrent on the sentence for aggravated burglary. 6. The conviction for burglary on 19 June 2014 be confirmed. 7. Dillon Ogilvie be sentenced to 18 months imprisonment to commence on 7 February 2018, cumulative as to 12 months on the sentence for aggravated burglary. 8. The conviction of dishonestly taking somebody else’s motor vehicle without consent on 19 June 2014 be confirmed. 9. Dillon Ogilvie be sentenced to 10 months imprisonment to commence on 7 December 2018, cumulative as to two months on the sentence for burglary. 10. The conviction for theft on 19 June 2014 be confirmed. 11. Dillon Ogilvie be sentenced to 10 months imprisonment to commence on 7 February 2019, cumulative as to two months on the sentence for dishonestly taking somebody else’s motor vehicle without consent. 12. The sentences be suspended on 15 July 2016 for two years. 13. Dillon Ogilvie be required to sign an undertaking to comply with the offender’s Good Behaviour Obligations under the Crimes (Sentence Administration) Act 2005 (ACT) for a two year period from 15 July 2016 with the following conditions: (a) a probation condition that you accept supervision of the Director-General or her delegate for a period of two years or such lesser period as the person supervising you considers appropriate, and obey all reasonable directions of the person supervising you, including as to counselling for anger management; and (b) a community service work condition that you perform 150 hours of community service work within two years from 15 July 2016. 14. Dillon Ogilvie be directed to attend ACT Corrective Services at Eclipse House, London Circuit, Canberra City by 4:00 pm on 15 July 2016 to make arrangements to continue supervision and performing community service work. 15. It be recommended to ACT Corrective Services that Dillon Ogilvie be considered for work, such as making cages to capture Myna birds, which work will not cause a problem to his knee injury and which will not risk him having contact with persons who may injure him. |
Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Sentencing – breach of Good Behaviour Order – consideration of breach – cancellation of Good Behaviour Order – suspended sentence – community service work direction |
Legislation Cited: | Crimes (Sentence Administration) Act 2005 (ACT), ss 84, 85, 86, 102, 110 Crimes (Sentencing) Act 2005 (ACT), ss 7,… |
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- AGLC
- R v Ogilvie (No 2) [2016] ACTSC 265
- Case
- [2016] ACTSC 265
- Decision Date
CaseChat Overview and Summary
The legal issues the court needed to resolve included the confirmation of Ogilvie's convictions, the consideration of the breach of his Good Behaviour Order, and the appropriate sentencing taking into account the cumulative nature of some of the offences and the need for community service. The court also had to decide on the conditions for the suspension of Ogilvie’s sentences and the terms of his supervision and community service work, considering his physical limitations and risk of reoffending.
In its reasoning, the court confirmed all convictions and found a breach of the GBO. It sentenced Ogilvie to various terms of imprisonment, some of which were to run concurrently and others cumulatively. The sentences were suspended, and Ogilvie was required to comply with specific conditions, including supervision by the Director-General or their delegate, and the completion of 150 hours of community service work. The court also directed Ogilvie to attend ACT Corrective Services to arrange for his supervision and community service work, recommending that he be considered for specific tasks that would accommodate his knee injury and minimise the risk of further injury.
The court's final orders included the cancellation of the existing GBO, the confirmation of all convictions, the imposition of specific imprisonment terms, the suspension of these sentences, and the setting of conditions for Ogilvie’s supervision and community service. These conditions were designed to ensure Ogilvie’s rehabilitation and reintegration into society while mitigating the risk of reoffending.
Orders
Orders of the court
1. The Good Behaviour Order made for Dillon Ogilvie on 9 September 2015 be cancelled.
2. The conviction of aggravated burglary on 18 June 2014 be confirmed.
3. Dillon Ogilvie be sentenced to two years and one month imprisonment to commence on 8 July 2016.
4. The conviction of dishonestly driving somebody else’s motor vehicle without consent on 18 June 2015 be confirmed.
5. Dillon Ogilvie be sentenced to 10 months imprisonment to commence on 8 July 2016, wholly concurrent on the sentence for aggravated burglary.
6. The conviction for burglary on 19 June 2014 be confirmed.
7. Dillon Ogilvie be sentenced to 18 months imprisonment to commence on 7 February 2018, cumulative as to 12 months on the sentence for aggravated burglary.
8. The conviction of dishonestly taking somebody else’s motor vehicle without consent on 19 June 2014 be confirmed.
9. Dillon Ogilvie be sentenced to 10 months imprisonment to commence on 7 December 2018, cumulative as to two months on the sentence for burglary.
10. The conviction for theft on 19 June 2014 be confirmed.
11. Dillon Ogilvie be sentenced to 10 months imprisonment to commence on 7 February 2019, cumulative as to two months on the sentence for dishonestly taking somebody else’s motor vehicle without consent.
12. The sentences be suspended on 15 July 2016 for two years.
13. Dillon Ogilvie be required to sign an undertaking to comply with the offender’s Good Behaviour Obligations under the Crimes (Sentence Administration) Act 2005 (ACT) for a two year period from 15 July 2016 with the following conditions:
(a) a probation condition that you accept supervision of the Director-General or her delegate for a period of two years or such lesser period as the person supervising you considers appropriate, and obey all reasonable directions of the person supervising you, including as to counselling for anger management; and
(b) a community service work condition that you perform 150 hours of community service work within two years from 15 July 2016.
14. Dillon Ogilvie be directed to attend ACT Corrective Services at Eclipse House, London Circuit, Canberra City by 4:00 pm on 15 July 2016 to make arrangements to continue supervision and performing community service work.
15. It be recommended to ACT Corrective Services that Dillon Ogilvie be considered for work, such as making cages to capture Myna birds, which work will not cause a problem to his knee injury and which will not risk him having contact with persons who may injure him.
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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