Daniel Ronald Po’oi be convicted of aggravated burglary on 25 February 2020 and be sentenced to two years imprisonment to commence on 25 December 2020 and end on 24 December 2022.
Daniel Ronald Po’oi be convicted of burglary on 2 April 2020 and be sentenced to 14 months imprisonment to commence on 25 July 2022 and end on 24 September 2023.
Daniel Ronald Po’oi be convicted of dishonestly taking a motor vehicle without the owner’s consent on 2 April 2020 and be sentenced to nine months imprisonment to commence on 25 March 2023 and end on 24 December 2023.
Daniel Ronald Po’oi be convicted of dishonestly driving a motor vehicle without the owner’s consent on 2 and 3 April 2020 and be sentenced to six months imprisonment to commence on 25 August 2023 and end on 24 February 2024.
Daniel Ronald Po’oi be convicted of possessing a knife without reasonable excuse on 25 February 2020 and be sentenced to one month imprisonment to commence on 25 February 2024 and end on 24 March 2024.
A Drug and Alcohol Treatment Order under s 12A of the Crimes (Sentencing) Act 2005 (ACT) be made for two years from today, 8 February 2021, until 7 February 2023, for the offence of aggravated robbery committed on 25 February 2020 as the primary offence.
The Drug and Alcohol Treatment Order be extended to the offences of burglary, dishonestly taking a motor vehicle without the owner’s consent, dishonestly driving a motor vehicle without the owner’s consent and possessing a knife without reasonable excuse, which are associated offences.
The convictions for the primary offence and the associated offences and imposed sentences for them be hereby incorporated into the Drug and Alcohol Treatment Order for the custodial part of the Order.
The total sentence of 39 months be suspended under s 80W of the Crimes (Sentencing) Act 2005 (ACT) until 24 March 2024.
Daniel Ronald Po’oi 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 the period from 8 February 2023 until 24 March 2024, with a probation condition that he accept supervision of the Commissioner of the ACT Corrective Services or his delegate for the period of the Good Behaviour Order or such lesser period as the person supervising him considers appropriate and that he obey all reasonable directions of the person supervising him.
For the treatment and supervision part of the Drug and Alcohol Treatment Order, Daniel Ronald Po’oi be required to comply with the core conditions under s 80Y of the Crimes (Sentencing) Act 2005 (ACT) for the period of the Order and with the conditions set out in the following Orders.
Daniel Ronald Po’oi be directed to admit himself today, 8 February 2021, to the Canberra Recovery…
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 Po'oi
Sign in free to access the full text
Details
AGLC
R v Po'oi [2021] ACTSC 151
Case
[2021] ACTSC 151
Decision Date
CaseChat Overview and Summary
In the Supreme Court of the Australian Capital Territory, Daniel Ronald Po'oi was convicted of aggravated burglary, burglary, dishonestly taking a motor vehicle without the owner's consent, dishonestly driving a motor vehicle without the owner's consent, and possessing a knife without reasonable excuse. The court was required to decide the legal issues concerning the seriousness of the offences, Mr Po'oi's personal circumstances, and the principles of sentencing, including the discount for the plea of guilty, the consideration of additional offences, and the making of a Drug and Alcohol Treatment Order. The court considered the maximum penalties prescribed by the legislature for each offence, the nature and circumstances of the offences, and Mr Po'oi's personal circumstances, including his history of drug use and criminal history. The court also took into account the fact that Mr Po'oi was on conditional liberty at the time of the offending and his plea of guilty. The court sentenced Mr Po'oi to two years imprisonment for aggravated burglary, 14 months imprisonment for burglary, nine months imprisonment for dishonestly taking a motor vehicle without the owner's consent, six months imprisonment for dishonestly driving a motor vehicle without the owner's consent, and one month imprisonment for possessing a knife without reasonable excuse. The court also made a Drug and Alcohol Treatment Order for two years, which included conditions such as attending a residential drug rehabilitation program, complying with case management and supervision, and not driving without the court's approval. The total sentence of 39 months was suspended under the Crimes (Sentencing) Act 2005 (ACT) until 24 March 2024.