Case Title:	R v Tonna (No 1)
Citation:	[2020] ACTSC 360
Hearing Date(s):	2 October 2020
DecisionDate:	7 October 2020
Before:	Refshauge AJ
Decision:	1. Mr Tonna be convicted of aggravated burglary on 27 May 2020. 2. For that offence, Mr Tonna be sentenced to 12 months' imprisonment, to commence on 19 December 2019 and end on 18 December 2020. 3. Mr Tonna be convicted of contravening a Family Violence Order on 23 July 2019. 4. For that offence, Mr Tonna be sentenced to five months' imprisonment, to commence on 19 December 2020 and end on 18 May 2021. 5. Mr Tonna be convicted of assault occasioning actual bodily harm on 25 July 2019. 6. For that offence, Mr Tonna be sentenced to eight months' imprisonment, to commence on 19 April 2021 and end on 18 December 2021. 7. Mr Tonna be convicted of contravening a family violence order on 25 July 2019. 8. For that offence, Mr Tonna be sentenced to three months' imprisonment, to commence on 19 October 2021 and end on 18 January 2022. 9. Mr Tonna be convicted of driving whilst disqualified from obtaining or holding a driver licence, as a repeat offender. 10. For that offence, Mr Tonna be sentenced to three months' imprisonment, to commence on 19 October 2021 and end on 18 January 2022. It be noted that the Road Transport (Driver Licensing) Act 1999 (ACT) automatically disqualifies him from holding or obtaining a driver license for 24 months from today, 7 October 2020. 11. Mr Tonna be convicted of possessing a drug of dependence, namely methylamphetamine, on 27 May 2020. 12. For that offence, Mr Tonna be sentenced to six months' imprisonment, to commence on 19 October 2021 and end on 18 April 2022. 13. A Drug and Alcohol Treatment Order under s 12A of the Crimes (Sentencing) Act 2005 (ACT) be made in respect of Ryan Kyle Tonna for a period of 12 months from today, 7 October 2020, in respect of the primary offence of aggravated burglary on 27 May 2020. 14. The Drug and Alcohol Treatment Order be extended to the two offences of contravening a family violence order and the offences of assault occasioning actual bodily harm, driving whilst disqualified from holding or obtaining a driver licence, and possessing a dangerous drug, all of which are associated offences. 15. It be noted that convictions have been recorded and sentences have been imposed for the primary and associated offences and those convictions and sentences are hereby incorporated into the Drug and Alcohol Treatment Order, as the custodial part of the Order. 16. The sentence be suspended, from today, 7 October 2020, for 1 year 6 months and 12 days, under s 80W of the Crimes (Sentencing) Act 2005 (ACT). 17. Pursuant to s 80ZA of the Crimes (Sentencing) Act 2005 (ACT), Mr Tonna be required to sign an undertaking to comply with the offender's good behaviour obligations under s 85 of…

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 Tonna (No 1)

Details

AGLC: R v Tonna (No 1) [2020] ACTSC 360
Case: [2020] ACTSC 360
Decision Date

CaseChat Overview and Summary

In the Supreme Court of the Australian Capital Territory, Mr. Ryan Kyle Tonna was convicted on six charges, including aggravated burglary, contravening a Family Violence Order, assault occasioning actual bodily harm, driving while disqualified from holding or obtaining a driver licence, and possessing a drug of dependence. The court considered the offences of aggravated burglary and contravening a Family Violence Order as serious, while the offence of assault occasioning actual bodily harm is also a violence offence. Mr. Tonna's subjective circumstances were also considered, including his drug use, limited criminal history, and his expressed desire to address his drug addiction and family violence situation. The court found Mr. Tonna suitable for a Drug and Alcohol Treatment Order and sentenced him to a total of two years and four months' imprisonment, suspended for 1 year 6 months and 12 days. The court also imposed conditions on Mr. Tonna, including residing at a specified address, attending a drug rehabilitation program, and complying with a curfew. The court emphasized the importance of Mr. Tonna's commitment to rehabilitation and the support of his family in his recovery process.

Orders