1. Jake Tony Walden be convicted of aggravated robbery on 1 August 2021 and sentenced to imprisonment for two years, to commence on 15 September 2021 and end on 14 September 2023.
2. Jake Tony Walden be convicted of aggravated robbery on 7 August 2021 and sentenced to imprisonment for two years and two months, to commence on 15 June 2023 and end on 14 August 2025.
3. Lisa Josephine Walden and Stephen John Walden be discharged from the undertakings that they gave to the Court on 21 December 2021.
4. A Drug and Alcohol Treatment Order under s 12A of the Crimes (Sentencing) Act 2005 (ACT) be made for Jake Tony Walden for two years from today, 11 January 2022, to 10 January 2024, in respect of the primary offence of aggravated robbery of which he has been convicted and for which he is being sentenced.
5. That Order be extended to the offence of aggravated robbery of which Jake Tony Walden has been convicted and for which has been sentenced and which will be an associated offence to the primary offence.
6. It be noted that the convictions for the primary offence and associated offence have been recorded and that sentences have been imposed for each of them, which convictions and sentences are hereby incorporated in 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 is hereby suspended under s 80W of the Crimes (Sentencing) Act 2005 from today, 11 January 2022, until 14 August 2025.
8. Jake Tony Walden 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) from the day after the end of the Drug and Alcohol Treatment Order, 11 January 2024, to the end of the total sentence, 14 August 2025, with a probation condition that he accept supervision by the Commissioner of ACT Corrective Services or his delegate for the period of the undertaking, or such lesser period as the person supervising him considers appropriate, and obey all reasonable directions of the person supervising him, including as to urinalysis, counselling and treatment.
9. 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 are hereby imposed;
(b) That Jake Tony Walden admit himself on 12 January 2022 to Arcadia House, Bruce;
(c) That Jake Tony Walden complete the residential drug rehabilitation program at Arcadia House, not leave the facility until he has completed the program and comply with all the directions of the person in charge of the program and the rules of the facility…
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 Walden
Sign in free to access the full text
Details
AGLC
R v Walden [2022] ACTSC 347
Case
[2022] ACTSC 347
Decision Date
CaseChat Overview and Summary
In the Supreme Court of the Australian Capital Territory, the Court heard a case against Jake Tony Walden, who pleaded guilty to two counts of aggravated robbery. The Court had to decide on the appropriate sentence for these offences, taking into account the nature and circumstances of the offences, the subjective circumstances of the offender, and the purposes of sentencing. The Court considered the statutory requirements of the Crimes (Sentencing) Act 2005 (ACT) and the relevant case law. The Court also considered whether a Drug and Alcohol Treatment Order should be made under s 12A of the Sentencing Act.
The Court found that the offences were serious, as they involved the use of a knife and caused significant fear and distress to the victims. The subjective circumstances of the offender, including his drug dependency and mental health issues, were also considered. The Court decided that a sentence of imprisonment was necessary, but also considered the benefits of a Drug and Alcohol Treatment Order. The Court found that Walden was eligible and suitable for such an Order, and made an Order accordingly. The Court sentenced Walden to two years imprisonment for the first offence, and two years and two months for the second offence, to run concurrently. The custodial part of the sentence was suspended, and Walden was required to complete a residential drug rehabilitation program and comply with certain conditions.