R v Peadon (No 2)
[2020] ACTSC 372
SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
| Case Title: | R v Peadon (No 2) | ||||
| Citation: | [2020] ACTSC 372 | ||||
| Hearing Date: | 11 September 2020 | ||||
| Decision Date: | 11 September 2020 | ||||
| Before: | Refshauge AJ | ||||
| Decision: |
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| Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Breach of Drug and Alcohol Treatment Order – discharged from rehabilitation program – provisional suspension of the custodial part of the drug and alcohol treatment order – imposition of seven days in custody | ||||
| Legislation Cited: | Crimes (Sentencing) Act 2005 (ACT) s 80ZB(3) | ||||
| Parties: | The Queen (Crown) David James Peadon (Participant) | ||||
| File Numbers: | SCC 166 of 2020; SCC 167 of 2020 | ||||
| REFSHAUGE AJ: |
1. On 7 September 2020, I made a Drug and Alcohol Treatment Order (a Treatment Order) in respect of David Peadon and directed that he attend at the Canberra Recovery Services, admit himself to the program and participate in the program, including complying with the rules of the program and of the facility.
2. On Thursday, 10 September 2020, Mr Peadon was subjected to a breath analysis which disclosed that he had consumed alcohol. As a result, Canberra Recovery Services have discharged him from the program.
3. That breached the Treatment Order and accordingly I need to determine how to proceed. That will be complicated because my understanding, which needs some exploration, is that Canberra Recovery Services does not re-admit discharged participants for three months and that is a considerable period of time in which Mr Peadon will not have the rehabilitation that was accepted as appropriate for him in these circumstances. Accordingly, the Treatment Order Team and I will need to consider carefully how to proceed.
4. Further, it is necessary that participants who are granted a Treatment Order understand that there are consequences to failing to comply with such Orders.
5. Accordingly, under s 80ZB(3) of the Crimes (Sentencing) Act 2005 (ACT), I provisionally suspend the suspension of the custodial part of the Drug and Alcohol Treatment Order for seven days.
6. I direct that Mr Peadon be returned to custody and appear before me at 11:30 am on 18 September 2020 to consider further the reinstatement of the suspension of the custodial portion of the Drug and Alcohol Treatment Order and any other matters that need to be varied.
I certify that the preceding six [6] numbered paragraphs are a true copy of the Reasons for Sentence of his Honour Acting Justice Refshauge.
Associate: Samuel Xiang
Date: 9 March 2021
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