Legal Research
Cases
R v Pelecky (No 2)

R v Pelecky (No 2)

Case [2020] ACTSC 370 28 September 2020

Criminal Liability

Sentencing

Aggravated Dangerous Driving

Dishonesty Offences

Driving Offences

Regulatory Traffic Offences

Criminal Law

Type to search within this case.

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:	R v Pelecky (No 2)
Citation:	[2020] ACTSC 370
Hearing Date:	25 September 2020
DecisionDate:	28 September 2020
Before:	Refshauge AJ
Decision:	1. Patrik Pelecky be convicted of aggravated dangerous driving on 18 April 2020 and be sentenced to nine months imprisonment to commence on 29 April 2020. 2. Patrik Pelecky be convicted of driving an unregistered motor vehicle on that day and be fined $200. 3. Patrik Pelecky be convicted of dishonestly driving a motor vehicle without the owner's consent between 2 and 5 December 2019 and be sentenced to six months imprisonment to commence on 28 November 2020. 4. Patrik Pelecky be convicted of minor theft on 19 April 2020 and be sentenced to a fine of $300. 5. Patrik Pelecky be convicted of dishonestly driving a motor vehicle without the owner's consent on 20 April 2020 and be sentenced to eight months imprisonment to commence on 28 December 2020. 6. Patrik Pelecky be convicted of driving with a prescribed drug in his oral fluid on 20 April 2020 and be sentenced to a fine of $250. 7. Patrik Pelecky be convicted of leaving the scene of a crash without reporting his prescribed particulars on 20 April 2020 and be fined $250. 8. Patrik Pelecky be convicted of escaping arrest on 22 April 2020 and be sentenced to three months imprisonment to commence on 29 June 2021. 9. Patrik Pelecky be convicted of burglary on 23 April 2020 and be sentenced to 14 months imprisonment to commence on 28 April 2021. 10. Patrik Pelecky be convicted of theft of the motor vehicle on 28 April 2020 and be sentenced to six months imprisonment to commence on 28 April 2021. 11. Patrik Pelecky be convicted of the first offence of obtaining property by deception on 23 April 2020 and be sentenced a fine of $300. 12. Patrik Pelecky be convicted of the second offence of obtaining property by deception on 23 April 2020 and be fined $300. 13. Patrik Pelecky be convicted of recklessly driving on 25 April 2020 and be sentenced to six months imprisonment to commence on 29 December 2021. 14. Patrik Pelecky be convicted of aggravated dangerous driving as a repeat offender on 25 April 2020 and be sentenced to 14 months imprisonment to commence on 29 October 2021. 15. Patrik Pelecky be convicted of property damage on 25 April 2020 and be sentenced to two months imprisonment to commence on 29 October 2021. 16. Patrik Pelecky be convicted of property damage also on 25 April 2020 and be sentenced to two months imprisonment to commence on 29 October 2021. 17. Patrik Pelecky be convicted of dishonestly driving a motor vehicle without the owner's consent on 27 April 2020 and be sentenced to nine months imprisonment to commence on 29 June 2022. 18. Patrik Pelecky be convicted of failing to stop when directed by police as a repeat offender on 27 April 2020 and be sentenced…

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 Pelecky (No 2)

Details

AGLC: R v Pelecky (No 2) [2020] ACTSC 370
Case: [2020] ACTSC 370
Decision Date

CaseChat Overview and Summary

In the Supreme Court of the Australian Capital Territory, Refshauge AJ has sentenced Patrik Pelecky to a total of four years imprisonment for a series of criminal offences, including aggravated dangerous driving, dishonestly driving a motor vehicle without the owner's consent, minor theft, escaping arrest, burglary, theft, obtaining property by deception, recklessly driving, property damage, failing to stop when directed by police as a repeat offender, resisting a territory official in the execution of their duties, possessing ammunition, possessing a knife without a reasonable excuse, and unlawful possession of goods reasonably expected to be stolen. The court considered the aggravating and mitigating factors, including Mr Pelecky's relative youth, prospects of rehabilitation, and his cooperation in admitting to the charges. The court imposed cumulative and concurrent sentences for the offences, taking into account the principles of concurrency and cumulation. Refshauge AJ also made a Drug and Alcohol Treatment Order for Mr Pelecky, requiring him to undergo residential drug rehabilitation and comply with various conditions, including supervision, counselling, and attendance in court. The court emphasised the importance of Mr Pelecky taking responsibility for his actions and making efforts to manage his drug addiction and criminal behaviour.

Orders