R v Ware (No 2) - [2021] ACTSC 360

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:	R v Ware (No 2)
Citation:	[2021] ACTSC 360
Hearing Date:	21 September 2021
DecisionDate:	24 September 2021
Before:	Refshauge AJ
Decision:	1. The Good Behaviour Order made on 7 September 2016 be cancelled and convictions confirmed. 2. Joshua Ware be sentenced to four months imprisonment, to commence on 25 July 2021 and end on 24 November 2021 for damaging property on 10 March 2013. 3. Joshua Ware be sentenced to four months imprisonment, to commence on 25 August 2021 and end on 24 December 2021 for theft between 16 and 19 February 2013. 4. Joshua Ware be sentenced to six months imprisonment, to commence on 25 July 2021 and end on 24 January 2022, for the first of the thefts he committed between 10 and 13 March 2013. 5. Joshua Ware be sentenced to four months imprisonment, to commence on 25 October 2021 and end on 24 February 2022, for the second of the thefts he committed between 10 and 13 March 2013. 6. Joshua Ware be sentenced to six months imprisonment, to commence on 25 October 2021 and end on 24 April 2022, for the third of the thefts he committed between 10 and 13 March 2013. 7. Joshua Ware be sentenced to four months imprisonment, to commence on 25 January 2021 and end on 24 May 2022, for theft on 17 March 2013. 8. Joshua Ware be sentenced to four months imprisonment, to commence on 25 February 2022 and end on 24 June 2022, for the first offence of damaging property between 5 and 8 April 2013. 9. Joshua Ware be sentenced to four months imprisonment, to commence on 25 March 2022 and end on 24 July 2022, for the second offence of damaging property between 5 and 8 April 2013. 10. Joshua Ware be sentenced to four months imprisonment, to commence on 25 April 2022 and end on 24 August 2022, for the second offence of damaging property between 5 and 8 April 2013. 11. Joshua Ware be sentenced to two months imprisonment, to commence on 25 June 2022 and end on 24 August 2022, for the first offence of damaging property between 10 and 13 March 2013. 12. Joshua Ware be sentenced to four months imprisonment, to commence on 25 May 2022 and end on 24 September 2022, for the second offence of damaging property between 10 and 13 March 2013. 13. Joshua Ware be sentenced to four months imprisonment, to commence on 25 June 2022 and end on 24 October 2022, for the first offence of damaging property on 12 March 2013. 14. Joshua Ware be sentenced to two months imprisonment, to commence on 25 September 2022 and end on 24 November 2022, for unlawful possession of goods believed to be stolen on 17 April 2013. 15. Joshua Ware be sentenced to one months imprisonment, to commence on 25 October 2022 and end on 24 November 2022, for possessing cannabis on 17 April 2013.

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 Ware (No 2)

Details

AGLC: R v Ware (No 2) [2021] ACTSC 360
Case: [2021] ACTSC 360
Decision Date: 24 September 2021

CaseChat Overview and Summary

Joshua Ware was convicted of 24 offences related to property damage, theft, unlawful possession of stolen goods, possessing cannabis, burglary, and dishonest driving. The case was heard in the Supreme Court of the Australian Capital Territory, where the Court was required to determine the appropriate sentence for Mr Ware, taking into account his drug dependency, mental health issues, and the potential for rehabilitation. The Court had to decide whether to cancel the Good Behaviour Order made in 2016, confirm the convictions, and impose sentences of imprisonment, suspended sentences, and good behaviour orders. Additionally, the Court had to consider reparations for the victims and assessments for drug and mental health treatment.

The Court found that cancelling the Good Behaviour Order and confirming the convictions was appropriate. The sentences imposed on Mr Ware for the various offences were calculated to reflect the seriousness of the crimes, with imprisonment terms ranging from two months to 12 months, and suspended sentences for certain offences. The Court also required Mr Ware to pay reparations to the victims and attend court for progress reports on his treatment and counselling. The Court emphasised the importance of addressing Mr Ware's drug dependency and mental health issues, and considered these factors in the sentencing process.

In conclusion, the Court cancelled the Good Behaviour Order, confirmed the convictions, and imposed a series of imprisonment terms, suspended sentences, and good behaviour orders on Joshua Ware. The Court also required Mr Ware to pay reparations to the victims and attend court for progress reports on his treatment and counselling. The Court's decision reflects the need to balance the seriousness of the offences with the potential for rehabilitation and the importance of addressing Mr Ware's drug dependency and mental health issues.

The final orders of the Court include the cancellation of the Good Behaviour Order, confirmation of the convictions, and the imposition of specific sentences for each offence. Mr Ware is also required to pay reparations to the victims, attend court for progress reports on his treatment and counselling, and comply with good behaviour obligations under the Crimes (Sentence Administration) Act.

Orders

Orders of the court

1. The Good Behaviour Order made on 7 September 2016 be cancelled and convictions confirmed.

2. Joshua Ware be sentenced to four months imprisonment, to commence on 25 July 2021 and end on 24 November 2021 for damaging property on 10 March 2013.

3. Joshua Ware be sentenced to four months imprisonment, to commence on 25 August 2021 and end on 24 December 2021 for theft between 16 and 19 February 2013.

4. Joshua Ware be sentenced to six months imprisonment, to commence on 25 July 2021 and end on 24 January 2022, for the first of the thefts he committed between 10 and 13 March 2013.

5. Joshua Ware be sentenced to four months imprisonment, to commence on 25 October 2021 and end on 24 February 2022, for the second of the thefts he committed between 10 and 13 March 2013.

6. Joshua Ware be sentenced to six months imprisonment, to commence on 25 October 2021 and end on 24 April 2022, for the third of the thefts he committed between 10 and 13 March 2013.

7. Joshua Ware be sentenced to four months imprisonment, to commence on 25 January 2021 and end on 24 May 2022, for theft on 17 March 2013.

8. Joshua Ware be sentenced to four months imprisonment, to commence on 25 February 2022 and end on 24 June 2022, for the first offence of damaging property between 5 and 8 April 2013.

9. Joshua Ware be sentenced to four months imprisonment, to commence on 25 March 2022 and end on 24 July 2022, for the second offence of damaging property between 5 and 8 April 2013.

10. Joshua Ware be sentenced to four months imprisonment, to commence on 25 April 2022 and end on 24 August 2022, for the second offence of damaging property between 5 and 8 April 2013.

11. Joshua Ware be sentenced to two months imprisonment, to commence on 25 June 2022 and end on 24 August 2022, for the first offence of damaging property between 10 and 13 March 2013.

12. Joshua Ware be sentenced to four months imprisonment, to commence on 25 May 2022 and end on 24 September 2022, for the second offence of damaging property between 10 and 13 March 2013.

13. Joshua Ware be sentenced to four months imprisonment, to commence on 25 June 2022 and end on 24 October 2022, for the first offence of damaging property on 12 March 2013.

14. Joshua Ware be sentenced to two months imprisonment, to commence on 25 September 2022 and end on 24 November 2022, for unlawful possession of goods believed to be stolen on 17 April 2013.

15. Joshua Ware be sentenced to one months imprisonment, to commence on 25 October 2022 and end on 24 November 2022, for possessing cannabis on 17 April 2013.

16. Joshua Ware be sentenced to 12 months imprisonment, to commence on 25 March 2022 and end on 24 March 2023, for burglary between 6 and 8 July 2014.

17. Joshua Ware be sentenced to nine months imprisonment, to commence on 25 August 2022 and end on 24 May 2022, for dishonestly driving a motor vehicle without consent between 6 and 8 July 2014.

18. Joshua Ware be sentenced to nine months imprisonment, to commence on 25 August 2022, and end on 24 May 2022 for theft between 6 and 8 July 2014.

19. Joshua Ware be sentenced to 12 months imprisonment, to commence on 25 September 2022 and end on 24 September 2023, for burglary between 28 and 29 June 2014.

20. Joshua Ware be sentenced to nine months imprisonment, to commence on 25 January 2023 and end on 24 October 2023, for theft between 28 and 29 June 2013.

21. Joshua Ware be sentenced to nine months imprisonment, to commence on 25 February 2023 and end on 24 November 2023, for dishonestly driving a motor vehicle without consent between 7 and 8 July 2014.

22. Joshua Ware be sentenced to 12 months imprisonment, to commence on 15 March 2023 and end on 24 March 2024, for attempted theft between 15 and 16 July 2014.

23. Joshua Ware be sentenced to nine months imprisonment, to commence on 25 May 2023 and end on 24 April 2024, for burglary between 15 and 16 July 2014.

24. Joshua Ware be sentenced to nine months imprisonment, to commence on 25 October 2023 and end on 24 July 2024, for theft between 11 and 12 August 2014

25. Joshua Ware be sentenced to nine months imprisonment, to commence on 25 October 2023 and end on 24 July 2024, for burglary between 11 and 12 August 2014.

26. Joshua Ware be required to sign an undertaking to comply with the offender's good behaviour obligations under s 85 of the Crimes (Sentence Administration) Act until 24 July 2024 with the following conditions:

(a) A probation condition that he be under the supervision of the commissioner of ACT Corrective Services or his delegate until 24 July 2024 or such lesser period that the person supervising him considers appropriate and that he obey all reasonable directions that the person supervising him considers appropriate;

(b) That he pay the sum of $4,403 to the Registrar of the ACT Supreme Court for loss and expenses to the following persons in the following sums on or before 24 September 2023, to be paid out by the Registrar to those persons at their addresses provided by the Director of Public Prosecutions, namely:

(i) Ms Imogen Taylor: $548;

(ii) Ms Elizabeth Hampston: $205;

(iii) Mr Carmel Chowdry: $3,000; and

(iv) Mr Nicholas Love: $650.

(c) That he arrange to be assessed for drug treatment or counselling, mental health treatment and grief counselling and, if assessed as suitable, arrange to proceed with such treatment or counselling for the period reasonably considered necessary; and

(d) That he attend court at 2:30 pm on 26 November 2021 to report on the progress of any treatment or counselling.

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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