SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v West (No 2) |
Citation: | [2024] ACTSC 5 |
Hearing Date: | 14 December 2023 |
Decision Date: | 11 January 2024 |
Before: | Refshauge AJ |
Decision: | 1. The conviction of Mitchell John West of attempted aggravated robbery (CAN 123/2021) be confirmed and the sentence of 3 years imprisonment be imposed to commence on 3 June 2022 and expire on 2 June 2025. 2. The conviction of Mitchell John West of aggravated burglary (CAN 4554/2021) be confirmed and the sentence of 12 months imprisonment be imposed to commence on 3 December 2024 and expire on 2 December 2025. 3. The conviction of Mitchell John West of joint commission of theft (CAN 4556/2021) be confirmed and the sentence of 9 months imprisonment be imposed to commence on 3 April 2025 and expire on 2 January 2026. 4. The conviction of Mitchell John West of dishonestly drive motor vehicle without consent (CAN 4550/2021) be confirmed and the sentence of 9 months imprisonment be imposed to commence on 3 July 2025 and expire on 2 April 2026. 5. The conviction of Mitchell John West of dishonestly ride motor vehicle without consent (CAN 4551/2021) be confirmed and the sentence of 6 months imprisonment be imposed to commence on 3 November 2025 and expire on 2 May 2026. 6. The conviction of Mitchell John West of fail to stop motor vehicle for police (CAN 4549/2021) be confirmed and the sentence of 4 months imprisonment be imposed to commence on 3 February 2026 and expire on 2 June 2026. 7. The sentence be suspended today 11 January 2024 to 10 January 2027. 8. Mitchell John West be required to sign an undertaking to comply with the offender’s good behaviour obligations under s 85 of the Crimes (Sentencing Administration) Act 2005 (ACT) for three years, from 11 January 2024 to 10 January 2027, with the following conditions: (1) A probation condition that Mitchell John West accept the supervision of the Commissioner of ACT Corrective Services or the person delegated or nominated by the Commissioner to supervise him for the period of the undertaking of 3 years, or such lesser period as the person supervising him deems appropriate and to obey all reasonable directions of the person supervising him, including but not limited to, to undergo drug testing. (2) That Mitchell John West travel to Queensland as soon as reasonably possible and reside there with Janye West or such other person or persons or in such other residence as may be approved by the person supervising him. (3) That Mitchell John West engage in such programs of counselling for treatment for Drug and Alcohol use, including residential drug rehabilitation as may be directed by the person supervising him. (4) That, as soon as reasonably possible, Mitchell John West undertake a comprehensive psychiatric review, as recommended by Dr Douglas P Boer in his report dated 23 October 2022, and show that report and the review to the person supervising him and discuss it with… |
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- AGLC
- R v West (No 2) [2024] ACTSC 5
- Case
- [2024] ACTSC 5
- Decision Date
CaseChat Overview and Summary
The court found that the appeal against sentence was not well-founded and that the sentences imposed were appropriate. The court found that the appellant had committed a series of serious offences and that the sentences imposed were necessary to deter the appellant and others from committing similar offences. The court found that the appellant had a history of drug and alcohol abuse and that the Drug and Alcohol Treatment Order was necessary to address this issue. The court found that the appellant had not demonstrated that he was able to control his drug and alcohol use and that the Drug and Alcohol Treatment Order should not be cancelled.
The court confirmed the convictions and sentences imposed by the Magistrates Court and made a good behaviour order under s 85 of the Crimes (Sentencing Administration) Act 2005 (ACT). The court ordered that the sentence be suspended and that the appellant be required to comply with the good behaviour obligations for three years, including accepting supervision, engaging in drug and alcohol treatment programs, and not consuming drugs. The court did not cancel the Drug and Alcohol Treatment Order.
Orders
Orders of the court
1. The conviction of Mitchell John West of attempted aggravated robbery (CAN 123/2021) be confirmed and the sentence of 3 years imprisonment be imposed to commence on 3 June 2022 and expire on 2 June 2025.
2. The conviction of Mitchell John West of aggravated burglary (CAN 4554/2021) be confirmed and the sentence of 12 months imprisonment be imposed to commence on 3 December 2024 and expire on 2 December 2025.
3. The conviction of Mitchell John West of joint commission of theft (CAN 4556/2021) be confirmed and the sentence of 9 months imprisonment be imposed to commence on 3 April 2025 and expire on 2 January 2026.
4. The conviction of Mitchell John West of dishonestly drive motor vehicle without consent (CAN 4550/2021) be confirmed and the sentence of 9 months imprisonment be imposed to commence on 3 July 2025 and expire on 2 April 2026.
5. The conviction of Mitchell John West of dishonestly ride motor vehicle without consent (CAN 4551/2021) be confirmed and the sentence of 6 months imprisonment be imposed to commence on 3 November 2025 and expire on 2 May 2026.
6. The conviction of Mitchell John West of fail to stop motor vehicle for police (CAN 4549/2021) be confirmed and the sentence of 4 months imprisonment be imposed to commence on 3 February 2026 and expire on 2 June 2026.
7. The sentence be suspended today 11 January 2024 to 10 January 2027.
8. Mitchell John West be required to sign an undertaking to comply with the offender’s good behaviour obligations under s 85 of the Crimes (Sentencing Administration) Act 2005 (ACT) for three years, from 11 January 2024 to 10 January 2027, with the following conditions:
(1) A probation condition that Mitchell John West accept the supervision of the Commissioner of ACT Corrective Services or the person delegated or nominated by the Commissioner to supervise him for the period of the undertaking of 3 years, or such lesser period as the person supervising him deems appropriate and to obey all reasonable directions of the person supervising him, including but not limited to, to undergo drug testing.
(2) That Mitchell John West travel to Queensland as soon as reasonably possible and reside there with Janye West or such other person or persons or in such other residence as may be approved by the person supervising him.
(3) That Mitchell John West engage in such programs of counselling for treatment for Drug and Alcohol use, including residential drug rehabilitation as may be directed by the person supervising him.
(4) That, as soon as reasonably possible, Mitchell John West undertake a comprehensive psychiatric review, as recommended by Dr Douglas P Boer in his report dated 23 October 2022, and show that report and the review to the person supervising him and discuss it with that person and undertake such treatment as may be recommended in the review.
(5) That Mitchell John West not consume cannabis, illegal drugs, or prescription drugs not prescribed to him, and not return a positive result on any drug testing.
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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