R v Po'oi (No 3)

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SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Po’oi (No 3)

Citation:

[2021] ACTSC 354

Hearing Date:

30 July 2021

DecisionDate:

4 August 2021

Before:

Refshauge AJ

Decision:

1.    The Drug and Alcohol Treatment Order made on 8 February 2021 and amended on 26 March 2021 and further amended on 18 June 2021 be cancelled.

2.    The sentence be adjourned to 5 November 2021 at 2:30pm.

3.    Leave be granted to either party to relist the matter on not less than 5 days notice to the Court and the other party.

4.    Daniel Ronald Po’oi be remanded in custody until 5 November 2021 at 2:30pm.

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Drug and Alcohol Treatment Order – Breach of Order – Further offending – Cancellation of Order

Legislation Cited:

Crimes Act 1900 (ACT) s 194
Crimes (Sentencing) Act 2005 (ACT) ss 10, 12A, 80O, 80ZB, 80ZE, 80ZJ

Cases Cited:

R v JM [2014] ACTSC 380

R v Law [2021] ACTSC 351
R v Massey (No 4) [2021] ACTSC 211
R v Po’oi [2021] ACTSC 151
R v Po’oi (No 2) [2021] ACTSC 340
R v Tonna (No 2) [2020] ACTSC 362

Samani v The Queen [2016] ACTCA 48

Parties:

The Queen ( Crown)

Daniel Ronald Po’oi ( Offender)

Representation:

Counsel

M Lucero (30 July 2021); C Wanigaratne (4 August 2021) ( Crown)

C Duffy ( Offender)

Solicitors

ACT Director of Public Prosecutions ( Crown)

Legal Aid ACT ( Offender)

File Numbers:

SCC 276 of 2020

SCC 277 of 2020

REFSHAUGE AJ:

Introduction

  1. Those persons who seek to be subject to a Drug and Alcohol Treatment Order (Treatment Order) under s 12A of the Crimes (Sentencing) Act 2005 (ACT) (Sentencing Act) must be convicted as offenders who have committed offences for which a just and adequate sentence is imprisonment for at least one year. 

  1. A sentence of imprisonment is effectively the last resort when a court considers what sentence to impose: s 10 of the Sentencing Act; Samani v The Queen [2016] ACTCA 48 at [38]. Thus, the offending in all the circumstances, including the personal circumstances of the offender, must justify a serious sentence.

  1. A Treatment Order means that an offender, however, will not have to serve any period of imprisonment after the order is made, provided he or she complies with the conditions of the Treatment Order. The objectives of such an Order are to provide a program of special rehabilitation, which is resource intensive for the community, to reduce the offender's dependency on alcohol or other drugs and the health risks associated with the dependency, as well as to assist the offender to integrate into the community with a drug and crime free lifestyle.  This investment obviously has potentially great value for the offender, who can then live a better life and develop his or her potential through family, employment and participation in society. The community, however, also benefits considerably by reducing…

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Details
Case
[2021] ACTSC 354
Decision Date

CaseChat Overview and Summary

The case R v Po'oi (No 3) involved the offender Daniel Ronald Po'oi who was before the Supreme Court of the Australian Capital Territory on an application by the Crown to cancel the Drug and Alcohol Treatment Order made in respect of him on 8 February 2021. The Court was required to decide whether the offender was unwilling or unlikely to comply with a condition of the Treatment Order, whether the continuation of the Treatment Order would not likely achieve the objects of the Treatment Order, and whether Mr Po'oi posed an unacceptable risk to the safety or welfare of a person. The Court found that the first two grounds were made out and the final ground was not made out. The Court decided to cancel the Treatment Order and re-sentence Mr Po'oi. The sentencing was adjourned to 5 November 2021 at 2:30pm and leave was granted to either party to re-list the matter on not less than five days notice to the Court and the other party. Mr Po'oi was remanded in custody until 5 November 2021.

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