1. The charge of threatening to kill be amended to include [redacted due to legal reasons] as one of the threatened children.
2. Blair Keiran Pearson be convicted of threatening to kill Robert Rowe and his children, being reckless as to whether Mr Rowe would fear that the threat would be carried out, and be sentenced to 12 months imprisonment, to commence on 31 July 2020.
3. Blair Keiran Pearson be convicted of assaulting Robert Rowe and occasioning him actual bodily harm and be sentenced to 9 months imprisonment, to commence on 31 July 2021.
4. Blair Keiran Pearson be convicted of assaulting Andrew Heron and be sentenced to two months imprisonment, to commence on 28 February 2022.
5. Blair Keiran Pearson be convicted of assaulting Robert Rowe and be sentenced to two months imprisonment, to commence on 31 March 2022.
6. Blair Keiran Pearson be convicted of intentionally destroying the property of Mr Healy and be sentenced to four months imprisonment, to commence on 31 March 2022.
7. Blair Keiran Pearson be convicted of intentionally destroying property of Robert Rowe and be sentenced to four months imprisonment, to commence on 31 May 2022.
8. Blair Keiran Pearson be convicted of trespassing on the property of Robert Rowe and 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) for a period of four months from 30 September 2022, with a probation condition that he accept the supervision of the Commissioner of ACT Corrective Services or his delegate, and to obey all reasonable directions of the person supervising him for that period or such lesser period as the person supervising him considers appropriate.
9. Blair Keiran Pearson be convicted of trespassing on the property of Michael Healy and 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) for a period of five months from 30 November 2022, with a probation condition that he accept the supervision of the Commissioner of ACT Corrective Services or his delegate, and to obey all reasonable directions of the person supervising him for that period or such lesser period as the person supervising him considers appropriate.
10. It be noted that Blair Keiran Pearson is in breach of the Good Behaviour Order made by the ACT Magistrates Court on 9 January 2020, and it be ordered that the Good Behaviour Order be amended by extending the date of the Order for 6 months from 9 January 2021.
11. A Drug and Alcohol Treatment Order be made under s 12A of the Crimes (Sentencing) Act 2005 (ACT) for 18 months from today, to commence on 30 November 2020 and end on 29 May 2022, in…
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
AGLC
R v Pearson [2020] ACTSC 375
Case
[2020] ACTSC 375
Decision Date
CaseChat Overview and Summary
In the Supreme Court of the Australian Capital Territory, Blair Keiran Pearson was found guilty of multiple offences, including threatening to kill, assault occasioning actual bodily harm, assault, damaging property, and trespassing. The court examined the seriousness of each offence, taking into consideration the circumstances, victim impact, and the role of drug addiction in the offending behaviour. The court considered the subjective circumstances of the offender, his criminal history, and the principles of sentencing. The court took into account the offender's pleas of guilty, remorse, and willingness to engage in rehabilitation. The court imposed a total sentence of imprisonment of two years and two months, suspended it under s 80W of the Crimes (Sentencing) Act 2005 (ACT), and made a Drug and Alcohol Treatment Order for 18 months, requiring the offender to comply with treatment programs, counselling, urinalysis, and other conditions. The court also required the offender to sign an undertaking to comply with the offender's Good Behaviour obligations, and ordered him to attend court on a specified date.