SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Rogers |
Citation: | [2021] ACTSC 355 |
Hearing Date: | 24 September 2021 |
DecisionDate: | 28 September 2021 |
Before: | Refshauge AJ |
Decision: | 1. Jake David Rogers be convicted of making a demand accompanied by a threat to endanger health and sentenced to 15 months imprisonment to commence on 31 July 2021 and end on 30 October 2022. 2. Jake David Rogers be convicted of contravening a Family Violence Order and sentenced to 6 months imprisonment to commence on 30 June 2022 and end on 29 December 2022. 3. Jake David Rogers be convicted of possessing a prohibited substance and sentenced to 3 weeks imprisonment to commence on 30 December 2022 and end on 20 January 2023. 4. A Drug and Alcohol Treatment Order under s 12A of the Crimes (Sentencing) Act 2005 (ACT) be made for Jake David Rogers from today, 28 September 2021, and ending on 20 January 2023 in respect of the primary offence of making a demand accompanied by threat to endanger health of which he has been convicted and for which he has been sentenced to 15 months imprisonment. 5. That Order be extended to the offences of contravening a family violence order and possessing a prohibited substance, of which Jake David Rogers 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, 28 September 2021, until 20 January 2023. 8. 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) Jake David Rogers 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 any member of that Team about where he resides, with whom he associates and his attendance from time to time; (c) Jake David Rogers submit himself for assessment for admission to the Ready for Change program, of the Domestic Violence Crisis Service and, if found suitable, complete that program unless agreed by the Treatment Order Team or the Court that it is inappropriate to do so, and if found not suitable, complete other programs related to family violence that the Treatment Order Team may direct and for which Mr Rogers is found suitable, or which the Court may direct; and (d) Jake David Rogers comply with any directions of the… |
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- AGLC
- R v Rogers [2021] ACTSC 355
- Case
- [2021] ACTSC 355
- Decision Date
CaseChat Overview and Summary
The court considered the nature of the offences and Rogers' criminal history, including previous convictions for violence against women. The court noted that Rogers had a history of drug and alcohol abuse, which contributed to his violent behaviour. The court determined that a custodial sentence was necessary to protect the community and to deter Rogers from future offending. However, the court also recognised the need for rehabilitation and treatment to address Rogers' underlying issues.
The court sentenced Rogers to 15 months imprisonment for making a demand accompanied by a threat, 6 months imprisonment for contravening a Family Violence Order, and 3 weeks imprisonment for possessing a prohibited substance. The court also imposed a Drug and Alcohol Treatment Order, which includes core conditions, treatment and supervision requirements, and directions for Rogers to attend court and comply with the order. The custodial part of the order is suspended until Rogers' release from prison.
In addition to the sentence and treatment order, the court directed Rogers to appear in court on a specific date and to sign a sealed copy of the order and an undertaking to comply with it. The court also noted that the convictions and sentences for the primary and associated offences have been incorporated into the Drug and Alcohol Treatment Order.
Orders
Orders of the court
1. Jake David Rogers be convicted of making a demand accompanied by a threat to endanger health and sentenced to 15 months imprisonment to commence on 31 July 2021 and end on 30 October 2022.
2. Jake David Rogers be convicted of contravening a Family Violence Order and sentenced to 6 months imprisonment to commence on 30 June 2022 and end on 29 December 2022.
3. Jake David Rogers be convicted of possessing a prohibited substance and sentenced to 3 weeks imprisonment to commence on 30 December 2022 and end on 20 January 2023.
4. A Drug and Alcohol Treatment Order under s 12A of the Crimes (Sentencing) Act 2005 (ACT) be made for Jake David Rogers from today, 28 September 2021, and ending on 20 January 2023 in respect of the primary offence of making a demand accompanied by threat to endanger health of which he has been convicted and for which he has been sentenced to 15 months imprisonment.
5. That Order be extended to the offences of contravening a family violence order and possessing a prohibited substance, of which Jake David Rogers 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, 28 September 2021, until 20 January 2023.
8. 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) Jake David Rogers 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 any member of that Team about where he resides, with whom he associates and his attendance from time to time;
(c) Jake David Rogers submit himself for assessment for admission to the Ready for Change program, of the Domestic Violence Crisis Service and, if found suitable, complete that program unless agreed by the Treatment Order Team or the Court that it is inappropriate to do so, and if found not suitable, complete other programs related to family violence that the Treatment Order Team may direct and for which Mr Rogers is found suitable, or which the Court may direct; and
(d) Jake David Rogers comply with any directions of the Court from time to time about attendance at Court in person or by electronic means.
9. Jake David Rogers be directed to appear in Court on Friday 1 October 2021 at 11:30 am.
10. Jake David Rogers be directed to attend the Court Registry before he leaves the Court precincts to sign a sealed copy of this Order and an undertaking to comply with the Order.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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