Joshua Slattery be convicted of count 1 on the indictment, dishonestly drive motor vehicle without owner’s consent, and be sentenced to 9 months imprisonment, to commence on 3 December 2020 and end on 2 September 2021.
Joshua Slattery be convicted of count 2 on the indictment, burglary, and be sentenced to 13 months imprisonment, to commence on 3 December 2020 and end on 2 January 2022.
Joshua Slattery be convicted of count 3 on the indictment, dishonestly drive without owner’s consent, and be sentenced to 9 months imprisonment, to commence on 3 May 2021 and end on 2 February 2022.
Joshua Slattery be convicted of count 4 on the indictment, burglary, and be sentenced to 12 months imprisonment to commence on 3 May 2021 and end on 2 May 2022.
Joshua Slattery be convicted of count 5 on the indictment, obtain property by deception, and be sentenced to 6 months imprisonment, to commence on 3 November 2021 and end on 2 May 2022.
Joshua Slattery be convicted of count 6 on the indictment, burglary, and be sentenced to 14 months imprisonment, to commence on 3 July 2021 and end on 2 September 2022.
Joshua Slattery be convicted of count 7 on the indictment, burglary, and be sentenced to 12 months imprisonment, to commence on 3 December 2021 and end on 2 December 2022.
Joshua Slattery be convicted of count 8 on the indictment, burglary, and be sentenced to 12 months imprisonment, to commence on 3 March 2022 and end on 2 March 2023.
Joshua Slattery be convicted of count 9 on the indictment, dishonestly drive motor vehicle without owner’s consent, and be sentenced to 9 months imprisonment, to commence on 3 July 2022 and end on 2 April 2023.
Joshua Slattery be convicted of count 10 on the indictment, burglary, and be sentenced to 14 months imprisonment, to commence on 3 June 2022 and end on 2 August 2023.
Joshua Slattery be convicted of count 11 on the indictment, dishonestly drive motor vehicle without owner’s consent, and be sentenced to 9 months imprisonment, to commence on 3 December 2022 and end on 2 September 2023.
Joshua Slattery be convicted of count 12 on the indictment, burglary, and be sentenced to 14 months imprisonment, to commence on 3 November 2022 and end on 2 January 2024.
Joshua Slattery be convicted of count 13 on the indictment, dishonestly drive without owner’s consent, and be sentenced to 9 months imprisonment, to commence on 3 May 2023 and end on 2 February 2024.
Joshua Slattery be convicted of count 14 on the indictment, burglary, and be sentenced to 12 months imprisonment to commence on 3 May 2023 and end on 2 May 2024.
Joshua Slattery be convicted of count 15 on the indictment, theft, and be sentenced to 6 months imprisonment,…
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.
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Details
AGLC
R v Slattery [2021] ACTSC 154
Case
[2021] ACTSC 154
Decision Date
CaseChat Overview and Summary
Joshua William Slattery was charged with 20 offences arising from his offending behaviour between 27 August and 13 September 2019. He was convicted of nine counts of burglary, five counts of dishonestly driving a motor vehicle without the owner's consent, two counts of obtaining property by deception, one count of theft, two counts of driving whilst disqualified and one count of possessing a drug of dependence. He also pleaded guilty to three transferred charges. The other 18 offences were listed as additional offences. The offences arose from his drug use and resulted in him entering nine residences in Canberra, taking a number of items from them, and on occasion, driving away in motor vehicles belonging to the occupants of the premises. The offences were largely committed in the early morning and late night hours. The court found that the offences were aggravated by the brazenness of the offences, the fact that they were committed while occupants were present, the confrontation with the occupants and the damage to property. They were mitigated by the absence of premeditation and planning and the absence of particularly high value stolen property. The court considered the subjective circumstances of Mr Slattery, including his disadvantaged upbringing and his drug addiction. The court also considered the statutory requirements of sentencing practice, the plea of guilty, rehabilitation, and the purposes of sentencing. The court concluded that a sentence of imprisonment was appropriate for these offences and imposed a total sentence of 3 years, 11 months and 28 days imprisonment. The court also made a Drug and Alcohol Treatment Order for 12 months, with conditions to comply with case management and programs of counselling and treatment, including urinalysis and other treatment or programs as may be required of him by members of the Treatment Order Team or by order of the Court. The court directed that Mr Slattery be required to comply with any directions of the Court from time to time about appearing in Court in person or by electronic means and that he attend Court in person on 12 February 2021 at 11:00 am.