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R v Reid (No 1)

R v Reid (No 1)

Case [2021] ACTSC 334 21 April 2021

Criminal Liability

Sentencing

Rehabilitation

Drug and Alcohol Treatment Order

Criminal Law

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SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:	R v Reid (No 1)
Citation:	[2021] ACTSC 334
Hearing Date:	16 April 2021
DecisionDate:	21 April 2021
Before:	Refshauge AJ
Decision:	1. Nathan Kerry Reid be convicted of dishonestly driving a motor vehicle without consent and sentenced to 12 months imprisonment, to commence on 29 December 2020 and expire 28 December 2021. 2. Nathan Kerry Reid be convicted of using a motor vehicle with using a motor vehicle with improperly issued number plates and required to sign an undertaking to comply with the offender's Good Behaviour Obligations under section 85 of the Crimes (Sentence Administration) Act 2005 (ACT) for a period of six months, to commence 21 April 2021 and expire 20 October 2021. 3. Nathan Kerry Reid be convicted of minor theft and sentenced to five months imprisonment, to commence on 29 November 2021 and expire 28 April 2022. 4. Nathan Kerry Reid be convicted of possessing ammunition and fined $200 with 12 months to pay. 5. A Drug and Alcohol Treatment Order under s 12A of the Crimes (Sentencing) Act 2005 (ACT) be made for Nathan Kerry Reid for 12 months and 8 days from today, 21 April 2021, to 28 April 2022, for the primary offence of dishonestly driving a stolen motor vehicle. 6. The Drug and Alcohol Treatment Order be extended for the associated offence of minor theft. 7. The convictions and sentences for the primary offence and the associated offence be hereby incorporated into the Drug and Alcohol Treatment Order as the custodial part of the Order. 8. The total sentence of 16 months from 29 December 2020 to 28 April 2022 be suspended under s 80W of the Crimes (Sentencing) Act 2005 (ACT) from today, 21 April 2021, to 28 April 2022. 9. For the treatment and supervision part of Drug and Alcohol Treatment: (a) Nathan Kerry Reid be required to comply with the core conditions of a Drug and Alcohol Treatment Order set out in section 80Y of the Crimes (Sentencing) Act 2005 (ACT); (b) Nathan Kerry Reid be directed to reside at the nominated residence for the duration of the Drug and Alcohol Treatment Order and to remain at that place of residence from 7:00pm each day until 7:00am the next day except in case of a medical emergency and to present at the door of the residence to a police officer who requests it between those hours; (c) Nathan Kerry Reid be directed to undergo a program of treatment or counselling and any urinalysis, case management and other programs as may be required by any member of the Treatment Order Team or by Order of the Court from time to time; (d) Nathan Kerry Reid be directed to comply with any direction of the Court from time to time about attendance at Court in person or by electronic means; 10. Nathan Kerry Reid be directed to attend Court on 23 April 2021 at 11:30 am in person.
Catchwords:	CRIMINAL LAW

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 Reid (No 1)

Details

AGLC: R v Reid (No 1) [2021] ACTSC 334
Case: [2021] ACTSC 334
Decision Date

CaseChat Overview and Summary

In this case, Nathan Kerry Reid was convicted of dishonestly driving a stolen motor vehicle, using a motor vehicle with improperly issued number plates, minor theft, and possessing ammunition. The court was required to decide whether a Drug and Alcohol Treatment Order (Treatment Order) should be made for Reid. The court considered the nature and circumstances of the offences, the maximum penalties prescribed for the offences, and Reid's criminal history. It also considered the purposes of sentencing and the principles established by the courts for addressing sentencing exercises. The court concluded that Reid was eligible for a Treatment Order, as he had a dependency on illicit drugs and it substantially contributed to his offending conduct. The court carefully considered the Suitability Assessments and the recommendations made by the Alcohol and Drug Service and the Cultural Assessment. Although ACT Corrective Services recommended against a Treatment Order, the court was satisfied that Reid's recent reincarceration and his expressed desire to change distinguished the past situation and justified an opportunity such as a Treatment Order will give to him and to the community. The court made a Treatment Order for 12 months and 8 days, incorporating the convictions and sentences for the primary offence and the associated offence into the Treatment Order as the custodial part of the Order. The total sentence of 16 months was suspended from 21 April 2021 to 28 April 2022. Reid was required to comply with the core conditions of a Drug and Alcohol Treatment Order, reside at a nominated residence with a curfew, undergo a program of treatment and counselling, and comply with any direction of the Court about attendance at Court.

Orders