R v West (No 2)

The appeal against sentence by Mitchell John West was heard in the ACT Supreme Court. The appellant sought to appeal against his conviction and sentence for multiple charges, including attempted aggravated robbery, aggravated burglary, theft, dishonestly driving a motor vehicle without consent, dishonestly riding a motor vehicle without consent, and failing to stop a motor vehicle for police. The appellant sought to appeal against the sentences imposed by the Magistrates Court of the ACT and to have the Drug and Alcohol Treatment Order made in the Magistrates Court cancelled. The court was required to decide whether the appeal against sentence was well-founded and whether the Drug and Alcohol Treatment Order should be cancelled.

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.