1.	Mitchell John Peric be convicted of common assault and be sentenced to 3 months imprisonment to commence on 16 October 2021 and end on 15 January 2022.
2.	Mitchell John Peric be convicted of choking a person and be sentenced to 18 months imprisonment to commence on 16 January 2022 and end on 15 July 2023.
3.	Mitchell John Peric be convicted of assault occasioning actual bodily harm and be sentenced to 18 months imprisonment to commence on 16 April 2023 and end on 15 October 2024.
4.	A Drug and Alcohol Treatment Order under s 12A of the Crimes (Sentencing) Act 2005 (ACT) be made for Mitchell John Peric for 2 years from today (commencing on 20 April 2022 and ending on 19 April 2024) in respect of the primary offence of choking a person of which he has been convicted and for which he has been sentenced to 18 months imprisonment.
5.	That Order be extended to the offences of common assault and assault occasioning actual bodily harm, of which Mitchell John Peric has been convicted and for which he has been sentenced, and which are associated offences of the primary offence.
6.	It be noted that convictions for the primary offence and the associated offences have been recorded and that sentences have been imposed for each of them, which convictions and sentences be hereby incorporated into the Drug and Alcohol Treatment Order in the custodial part of the Order.
7.	The custodial part of the Drug and Alcohol Treatment Order for the primary and associated offences be hereby suspended under s 80W of the Crimes (Sentencing) Act 2005 (ACT) from today, 20 April 2022, until 15 October 2024.
8.	Under s 80ZA of the Crimes (Sentencing) Act 2005 (ACT), Mitchell John Peric 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) from the day after the end of the Drug and Alcohol Treatment Order, 20 April 2024, until the end of the total sentence, 15 October 2024, with a probation condition that he accept supervision by the Commissioner of ACT Corrective Services
or his delegate for the period of the undertaking or such lesser
period as the person supervising him considers appropriate and obey all reasonable directions of the person supervising him including as to urinalysis, counselling and treatment.
9. For the treatment and supervision part of the Drug and Alcohol Treatment Order:

a. The core conditions of the Order set out in s 80Y of the Crimes (Sentencing) Act 2005 (ACT) be hereby imposed;
b. Mitchell John Peric undertake any program, treatment or counselling, urinalysis or case management that may be required by any member of the Treatment and Supervision Team and obey all reasonable directions of…

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 Peric (No 3)

Details

AGLC: R v Peric (No 3) [2022] ACTSC 387
Case: [2022] ACTSC 387
Decision Date

CaseChat Overview and Summary

Mitchell John Peric, the offender, was convicted of common assault, choking, suffocating or strangling a person, and assault occasioning actual bodily harm, all of which were committed against his then partner. Peric sought a Drug and Alcohol Treatment Order to serve his sentence of imprisonment. The court accepted Peric's request for a Treatment Order and imposed a two-year Drug and Alcohol Treatment Order, which was to commence on 20 April 2022 and end on 19 April 2024. The custodial part of the Treatment Order was suspended until 15 October 2024. The Treatment Order included core conditions and other conditions that Peric was required to comply with. The court emphasised the importance of Peric's participation in the treatment program, his abstinence from drugs and alcohol, and his honesty with himself and others about his behaviour. The court warned Peric that failure to comply with the conditions of the Treatment Order could result in sanctions, including cancellation of the Order and Peric having to serve the remainder of his sentence in custody.

Orders