1. The Informations for the first two offences of burglary and the offence of theft be amended by the deletion of “on 14 September” and substitution of “between 13 and 14 September”.
2. Alexander Mark Smith be convicted of burglary and be sentenced to 11 months imprisonment to commence on 23 May 2022 and end on 22 April 2023.
3. Alexander Mark Smith be convicted of burglary and be sentenced to 12 months imprisonment to commence on 23 October 2022 and end on 22 October 2023.
4. Alexander Mark Smith be convicted of theft and be sentenced to 12 months imprisonment to commence on 23 February 2023 and end on 22 February 2024.
5. Alexander Mark Smith be convicted of burglary and sentenced to 12 months imprisonment to commence on 23 November 2023 and end on 22 November 2024.
6. Alexander Mark Smith be convicted of theft and be sentenced to eight months imprisonment to commence on 23 May 2024 and end on 22 January 2025.
7. Alexander Mark Smith be convicted of failing to comply with a direction without reasonable excuse and be fined $250 and given eight months to pay.
8. Alexander Mark Smith be convicted of unlawfully possessing stolen property and be sentenced to two months imprisonment to commence on 23 November 2024 and end on 22 January 2025.
9. Alexander Mark Smith be convicted of trafficking in a trafficable quantity of cannabis and be sentenced to 10 months imprisonment to commence on 23 September 2024 and end on 22 July 2025.
10. Alexander Mark Smith be convicted of trafficking in methamphetamine and be sentenced to 12 months imprisonment to commence on 23 April 2025 and end on 22 April 2026.
11. Alexander Mark Smith be convicted of possessing heroin and be sentenced to three months imprisonment to commence on 23 February 2026 and end on 22 May 2026.
12. The Good Behaviour Order made on 28 January 2020 is cancelled.
13. Alexander Mark Smith’s conviction for common assault be confirmed.
14. Alexander Mark Smith 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 two years from today, 18 October 2022 until 17 October 2024.
15. A Drug and Alcohol Treatment Order under section 12A of the Crimes (Sentencing) Act 2005 (ACT) be made for Alexander Mark Smith for two years from today, commencing on 18 October 2022 and ending on 17 October 2024, in respect of the primary offence of burglary of which he has been convicted and for which he has been sentenced to 11 months imprisonment.
16. The Order is extended to the other offences of burglary, theft, unlawfully possessing stolen property, trafficking in cannabis, trafficking in methamphetamine and possessing heroin, of which Alexander…
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 Smith [2022] ACTSC 288
Case
[2022] ACTSC 288
Decision Date
CaseChat Overview and Summary
In the Supreme Court of the Australian Capital Territory, Alexander Mark Smith was convicted of multiple offences including burglary, theft, trafficking in illegal drugs, and possession of stolen property. The court sentenced Smith to a total of four years imprisonment, which was suspended in favour of a Drug and Alcohol Treatment Order. The decision was based on Smith's drug dependence, his willingness to participate in a rehabilitation program, and the need for the protection of the community. The court emphasised the importance of honesty and commitment to the rehabilitation program for Smith's successful reintegration into society. Smith was also required to sign an undertaking to comply with good behaviour obligations and accept supervision from the Commissioner of ACT Corrective Services.