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R v Weldon

R v Weldon

Case [2021] ACTSC 348 28 June 2021

Criminal Liability

Sentencing

Drug and Alcohol Treatment Order

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SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:	R v Weldon
Citation:	[2021] ACTSC 348
Hearing Date:	18 June 2021
DecisionDate:	28 June 2021
Before:	Refshauge AJ
Decision:	1. Douglas James Weldon be convicted of minor theft and be sentenced to two months imprisonment, commencing on 26 December 2020 and expiring on 25 February 2021. 2. Douglas James Weldon be convicted of obtaining property by deception and be sentenced to two months imprisonment, commencing on 26 January 2021 and expiring on 25 March 2021. 3. Douglas James Weldon be convicted of driving a motor vehicle without the owner’s consent and be sentenced to six months imprisonment, commencing on 26 March 2021 and expiring on 25 September 2021. 4. Douglas James Weldon be convicted of burglary and be sentenced to nine months imprisonment, commencing on 26 September 2021 and expiring on 25 June 2022. 5. Douglas James Weldon be convicted of driving a motor vehicle without the owner’s consent and be sentenced to seven months imprisonment, commencing on 26 February 2022 and expiring on 25 September 2022. 6. Douglas James Weldon be convicted of burglary and be sentenced to 12 months imprisonment, commencing on 26 September 2022 and expiring on 25 September 2023. 7. Douglas James Weldon be convicted of theft and be sentenced to four months imprisonment, commencing on 26 May 2023 and expiring on 25 September 2023. 8. Douglas James Weldon be convicted of burglary and be sentenced to nine months imprisonment, commencing on 26 September 2023 and expiring on 25 June 2024. 9. Douglas James Weldon be convicted of driving a motor vehicle without the owner’s consent and be sentenced to six months imprisonment, commencing on 26 March 2024 and expiring on 25 September 2024. 10. Douglas James Weldon be convicted of unlawful possession of stolen property and be sentenced to three months imprisonment, commencing on 26 July 2024 and expiring on 25 October 2024. 11. A Drug and Alcohol Treatment Order under s 12A of the Crimes (Sentencing) Act 2005 (ACT) be made for Douglas James Weldon for two years from today, commencing on 28 June 2021 and ending on 27 June 2023, in respect of the primary offence of burglary of which he has been convicted and for which he has been sentenced to 12 months imprisonment. 12. That Order be extended to the associated offences of three counts of driving a motor vehicle without the owner’s consent, once count of obtaining property by deception, two additional counts of burglary, one count of theft and one count of unlawful possession of stolen property, of which Douglas James Weldon has been convicted and for which he has been sentenced. 13. It be noted that convictions for the primary offence and the associated offences have been recorded and that sentences have been imposed for each of them, which convictions and sentences be hereby incorporated into the Drug and Alcohol Treatment Order in the Custodial Part of the Order. 14. The Custodial Part of the Drug and…

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 Weldon

Details

AGLC: R v Weldon [2021] ACTSC 348
Case: [2021] ACTSC 348
Decision Date

CaseChat Overview and Summary

In this case, the Supreme Court of the Australian Capital Territory sentenced Douglas James Weldon, also known as Douglas James Williams, on 28 June 2021. Weldon was convicted of ten charges, including minor theft, obtaining property by deception, driving a motor vehicle without the owner's consent, burglary, theft, and unlawful possession of stolen property. The court sentenced Weldon to a total of 3 years and 11 months imprisonment, to be served concurrently. Weldon also requested a Drug and Alcohol Treatment Order (DATO), which was granted for a period of two years, starting from 28 June 2021. The DATO was extended to cover all associated offences, with the custodial part of the sentence suspended until 25 October 2024. Weldon was directed to attend a residential drug rehabilitation program at Canberra Recovery Services and comply with various conditions, including urinalysis, counselling, and treatment. The court emphasised the importance of Weldon's participation in the rehabilitation program and his commitment to overcoming drug dependency, as well as his need to be honest with himself and his counsellors.

The court considered various factors when determining the sentence, including the nature and circumstances of the offences, the maximum penalties for each offence, the offender's subjective circumstances, and the purposes and objects of sentencing. The court also took into account the offender's early childhood disadvantage, his history of drug and alcohol abuse, and his criminal history. The court concluded that the offender's personal circumstances and the need for rehabilitation justified the imposition of a DATO. The court further noted that while the offender had previously breached court orders and demonstrated a pattern of non-compliance, there were sufficient differences in the current circumstances to warrant a further opportunity for rehabilitation.

Orders