SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Ware |
Citation: | [2016] ACTSC 264 |
Hearing Date(s): | 29 October 2015, 12 February, 24 March, 4 April, 5 July and 7 September 2016 |
DecisionDate: | 7 September 2016 |
Before: | Refshauge J |
Decision: | 1. The Good Behaviour Order made on 11 July 2013 be cancelled. 2. The conviction for theft on 10 March 2014 be confirmed. 3. Joshua Ware be sentenced to nine months imprisonment to commence from 22 December 2015. 4. The conviction for damaging property over $1000 in value on 10 March 2013 be confirmed. 5. Joshua Ware be sentenced to six months imprisonment to commence on 22 May 2016, cumulative as to two months on the sentence for theft on 10 March 2013. 6. Joshua Ware be convicted of theft between 16 and 19 February 2013. 7. Joshua Ware be sentenced to six months imprisonment to commence on 22 June 2016, cumulative as to one month on the sentence for damaging property over $1000 in value on 10 March 2013. 8. Joshua Ware be convicted of theft between 10 and 13 March 2013. 9. Joshua Ware be sentenced to nine months imprisonment to commence on 22 May 2016, cumulative as to two months on the sentence for theft between 16 and 19 February 2013. 10. Joshua Ware be convicted of theft between 10 and 13 March 2013. 11. Joshua Ware be sentenced to six months imprisonment to commence on 22 September 2016, cumulative as to one month on the earlier sentence of theft between 10 and 13 March 2013. 12. Joshua Ware be convicted of theft between 10 and 13 March 2013. 13. Joshua Ware be sentenced to nine months imprisonment to commence on 22 September 2016, cumulative as to three months on the sentence for the second theft between 10 and 13 March 2013. 14. Joshua Ware be convicted of theft on 17 March 2013. 15. Joshua Ware be sentenced to six month imprisonment to commence on 22 January 2017, cumulative as to one month on the third sentence for theft on 10 to 13 March 2013. 16. Joshua Ware be convicted of damaging property over $1000 in value between 5 and 8 April 2013. 17. Joshua Ware be sentenced to six months imprisonment to commence on 22 February 2017, cumulative as to one month on the sentence for theft on 17 March 2013. 18. Joshua Ware be convicted of damaging property over $1000 in value on 5 to 8 April 2013. 19. Joshua Ware be sentenced to six months imprisonment to commence on 22 March 2017, cumulative as to one month on the earlier sentence for damaging property over $1000 in value on 5 to 8 April 2013. 20. Joshua Ware be convicted of destroy/damaging property not exceeding $5000 between 16 and 19 February 2013. 21. Joshua Ware be sentenced to six months imprisonment to commence on 22 April 2017, cumulative as to one month on the second sentence for damaging property over $1000 in value… |
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- AGLC
- R v Ware [2016] ACTSC 264
- Case
- [2016] ACTSC 264
- Decision Date
CaseChat Overview and Summary
The court found that the breach of the Good Behaviour Order was severe and warranted cancellation. It held that the sentences for the multiple offences should be cumulative, taking into account the nature and seriousness of the offences committed. The court also determined that the imposition of a suspended sentence, along with new conditions on the Good Behaviour Order, including community service work and reparation to victims, would provide an opportunity for rehabilitation and deter future offending.
The court cancelled the existing Good Behaviour Order, confirmed the convictions, and imposed cumulative sentences for the various offences, starting from specific dates to ensure proper sequencing. It also directed Ware to pay reparations to the victims and imposed new conditions on the Good Behaviour Order, including community service and supervision. The sentence was suspended for five years, providing an opportunity for Ware to rehabilitate and demonstrate good behaviour.
Orders
Orders of the court
1. The Good Behaviour Order made on 11 July 2013 be cancelled.
2. The conviction for theft on 10 March 2014 be confirmed.
3. Joshua Ware be sentenced to nine months imprisonment to commence from 22 December 2015.
4. The conviction for damaging property over $1000 in value on 10 March 2013 be confirmed.
5. Joshua Ware be sentenced to six months imprisonment to commence on 22 May 2016, cumulative as to two months on the sentence for theft on 10 March 2013.
6. Joshua Ware be convicted of theft between 16 and 19 February 2013.
7. Joshua Ware be sentenced to six months imprisonment to commence on 22 June 2016, cumulative as to one month on the sentence for damaging property over $1000 in value on 10 March 2013.
8. Joshua Ware be convicted of theft between 10 and 13 March 2013.
9. Joshua Ware be sentenced to nine months imprisonment to commence on 22 May 2016, cumulative as to two months on the sentence for theft between 16 and 19 February 2013.
10. Joshua Ware be convicted of theft between 10 and 13 March 2013.
11. Joshua Ware be sentenced to six months imprisonment to commence on 22 September 2016, cumulative as to one month on the earlier sentence of theft between 10 and 13 March 2013.
12. Joshua Ware be convicted of theft between 10 and 13 March 2013.
13. Joshua Ware be sentenced to nine months imprisonment to commence on 22 September 2016, cumulative as to three months on the sentence for the second theft between 10 and 13 March 2013.
14. Joshua Ware be convicted of theft on 17 March 2013.
15. Joshua Ware be sentenced to six month imprisonment to commence on 22 January 2017, cumulative as to one month on the third sentence for theft on 10 to 13 March 2013.
16. Joshua Ware be convicted of damaging property over $1000 in value between 5 and 8 April 2013.
17. Joshua Ware be sentenced to six months imprisonment to commence on 22 February 2017, cumulative as to one month on the sentence for theft on 17 March 2013.
18. Joshua Ware be convicted of damaging property over $1000 in value on 5 to 8 April 2013.
19. Joshua Ware be sentenced to six months imprisonment to commence on 22 March 2017, cumulative as to one month on the earlier sentence for damaging property over $1000 in value on 5 to 8 April 2013.
20. Joshua Ware be convicted of destroy/damaging property not exceeding $5000 between 16 and 19 February 2013.
21. Joshua Ware be sentenced to six months imprisonment to commence on 22 April 2017, cumulative as to one month on the second sentence for damaging property over $1000 in value on 5 to 8 April 2013.
22. Joshua Ware be convicted of destroy/damaging property not exceeding $5000 between 10 and 13 March 2013.
23. Joshua Ware be sentenced to four months imprisonment to commence on 22 July 2017, cumulative as to one month on the sentence for destroy/damaging property not exceeding $5000 between 16 and 19 February 2013.
24. Joshua Ware be convicted of destroy/damaging property not exceeding $5000 between 10 and 13 March 2013.
25. Joshua Ware be sentenced to six months imprisonment to commence on 22 June 2017, cumulative as to one month on the earlier sentence destroy/damaging property not exceeding $5000 between 10 and 13 March 2013.
26. Joshua Ware be convicted of destroy/damaging property not exceeding $5000 on 12 March 2013.
27. Joshua Ware be sentenced to six months imprisonment to commence on 22 July 2017, cumulative as to one month on the second sentence for destroy/damaging property not exceeding $5000 on 10 to 13 March 2013.
28. Joshua Ware be convicted of unlawful possession of property reasonably suspected of being stolen on 17 April 2013.
29. Joshua Ware be sentenced to two months imprisonment to commence on 22 November 2017, wholly cumulative on the sentence for destroy/damaging property not exceeding $5000 on 12 March 2013.
30. Joshua Ware be convicted of possessing a prohibited substance, namely cannabis, on 17 April 2013.
31. Joshua Ware be sentenced to two months imprisonment to commence on 22 December 2017, cumulative as to one month on the sentence for unlawfully possessing property reasonably suspected of being stolen on 17 April 2013.
32. Joshua Ware be convicted of burglary – intent to steal on 6 to 8 July 2014.
33. Joshua Ware be sentenced to 18 months imprisonment to commence on 22 February 2017, cumulative as to six months on the sentence for possessing a prohibited substance, namely cannabis, on 17 April 2013.
34. Joshua Ware be convicted of dishonestly riding in a motor vehicle without the owner’s consent between 6 and 8 July 2014.
35. Joshua Ware be sentenced to 12 months imprisonment to commence on 22 November 2017, cumulative as to three months on the sentence for burglary – intent to steal between 6 and 8 July 2014.
36. Joshua Ware be convicted of theft between 6 and 8 July 2014.
37. Joshua Ware be sentenced to 12 imprisonment to commence on 22 August 2017, wholly concurrent on the sentence for burglary – intent to steal between 6 and 8 July 2014.
38. Joshua Ware be convicted of burglary – intent to steal between 28 and 29 June 2014.
39. Joshua Ware be sentenced to 18 months imprisonment to commence on 22 November 2017, cumulative as to six months on the sentence for dishonestly riding in a motor vehicle without the owner’s consent between 6 and 8 July 2014.
40. Joshua Ware be convicted of theft between 28 and 29 June 2014.
41. Joshua Ware be sentenced to 12 months imprisonment to commence on 22 July 2018, cumulative as to two months on the sentence for burglary – intent to steal committed on 28 and 29 June 2014.
42. Joshua Ware be convicted of dishonestly riding a motor vehicle without the owner’s consent between 7 and 8 July 2014.
43. Joshua Ware be sentenced to 12 months imprisonment to commence on 22 October 2018, cumulative as to two months on the sentence for theft between 28 and 29 June 2014.
44. Joshua Ware be convicted of attempted theft between 15 and 16 July 2014.
45. Joshua Ware be sentenced to 18 months imprisonment to commence on 22 October 2018, cumulative as to six months on the sentence for dishonestly riding a motor vehicle without the owner’s consent between 7 and 8 July 2014.
46. Joshua Ware be convicted of burglary – intent to steal between 15 and 16 July 2014.
47. Joshua Ware be sentenced to 12 months imprisonment to commence on 22 May 2019, cumulative as to one month on the sentence for attempted theft between 15 and 16 July 2014.
48. Joshua Ware be convicted of theft between 11 and 12 August 2014.
49. Joshua Ware be sentenced to 18 months imprisonment to commence on 22 May 2019, cumulative as to six months on the sentence for burglary – intent to steal between 15 and 16 July 2014.
50. Joshua Ware be convicted of burglary – intent to steal between 11 and 12 August 2014.
51. Joshua Ware be sentenced to 12 months imprisonment to commence on 22 December 2019, cumulative as to one month on the sentence for theft committed between 11 and 12 August 2014.
52. The sentence is suspended from 8 September 2016 for five years.
53. Joshua Ware is required to sign an undertaking to comply with the offender’s Good Behaviour Obligations under the Crimes (Sentence Administration) Act 2005 (ACT) for a period of five years with the following conditions:
(a) a probation condition that he be under the supervision of the Director-General or her delegate and obey all reasonable directions that the person supervising him for a period of three years or such lesser period as the person supervising him considers appropriate;
(b) that he perform 250 hours of community service work within two years from 7 September 2016;
(c) that he attend such treatment or counselling for drug addiction and mental impairment as the person supervising him may reasonably direct;
54. The order for payment of $7,032 made on 11 July 2013 be confirmed and the period by which payment is to be made be extended to 7 September 2020.
55. Joshua Ware be required to pay the sum of $4,403 for loss and expenses of the following persons in the following sum on or before 7 September 2022 to be paid out by the Registrar to those persons at addresses provided by the Director of Public Prosecutions:
(a) Ms Imogen Taylor $548
(b) Ms Elizabeth Hamston $205
(c) Mr Karmal Chowdhrey $3000
(d) Mr Nicholas Love $650
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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