SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Wilkins |
Citation: | [2015] ACTSC 145 |
Hearing Date(s): | 3 June 2015 |
DecisionDate: | 5 June 2015 |
Before: | Refshauge ACJ |
Decision: | 1. Rhys Wilkins be convicted of possessing methylamphetamine for the purpose of sale or supply to another person on 9 December 2013. 2. Rhys Wilkins be sentenced to 12 months imprisonment to commence on 8 March 2015. 3. Rhys Wilkins be convicted of possessing methylamphetamine for the purpose of sale or supply to another person on 10 October 2014. 4. Rhys Wilkins be sentenced to 16 months imprisonment to commence on 8 May 2015, that is to be cumulative as to 6 months on the first sentence. 5. The sentence be suspended today for a period of 2 years. 6. Rhys Wilkins be 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 two years from today with the following conditions: (a) a probation condition that he be under the supervision of the Director-General or her delegate for two years or such lesser period as the person supervising him decides is appropriate and that he obey all reasonable directions of the person supervising him; and (b) a community service condition that he perform 150 hours of community service work within 15 months. |
Category: | Sentence |
Catchwords: | CRIMINAL LAW – Jurisdiction, practice and procedure – Sentencing – Possessing methylamphetamine for the purpose of sale or supply to another person – Offender has completed rehabilitation |
Legislation Cited: | Crimes (Sentence Administration) Act 2005 (ACT) Crimes (Sentencing) Act 2005 (ACT), ss 7, 27, 33(1) |
Cases Cited: | Bui v The Queen [2015] ACTCA 5 Cameron v The Queen (2002) 209 CLR 339 |
Parties: | The Queen (Crown) Rhys Wilkins (Accused) |
Representation: | Counsel Mr D Sahu Khan (Crown) Mr A Doig (Accused) |
| Solicitors ACT Director of Public Prosecutions (Crown) Kamy Saeedi Lawyers (Accused) | |
File Number(s): | SCC 224 of 2014 SCC 305 of 2014 |
REFSHAUGE J:
There can be no doubt that the use of illicit drugs is a severe problem for the community. Users are often, but not invariably, unable to maintain employment. They, therefore, have to resort to offences of dishonesty to obtain funds to buy the drugs…
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- R v Wilkins [2015] ACTSC 145
- Case
- [2015] ACTSC 145
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was the appropriate sentence for Wilkins, considering his completion of rehabilitation and the objectives of sentencing. The court had to balance the need to deter Wilkins and others from engaging in similar criminal activity with the aim of rehabilitating him. The court also had to consider the circumstances of each offence and Wilkins' overall culpability.
The court found that Wilkins had completed rehabilitation, which was a mitigating factor. However, the court also noted that Wilkins had committed two separate offences, which indicated a lack of rehabilitation. The court considered the need to deter Wilkins and others from engaging in similar criminal activity and the need to protect the community. The court ultimately decided that a sentence of imprisonment would be appropriate, but that it should be suspended for a period of two years to allow Wilkins to continue his rehabilitation and reintegration into society. The court also imposed conditions on the suspension of the sentence, including probation and community service.
The court ordered that Wilkins be convicted of possessing methylamphetamine for the purpose of sale or supply to another person on both occasions and be sentenced to 12 months imprisonment for the first offence and 16 months imprisonment for the second offence, to be cumulative as to 6 months on the first sentence. The sentence was suspended for a period of two years, and Wilkins was 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 two years from today. The conditions of the undertaking included probation and community service.
Orders
Orders of the court
1. Rhys Wilkins be convicted of possessing methylamphetamine for the purpose of sale or supply to another person on 9 December 2013.
2. Rhys Wilkins be sentenced to 12 months imprisonment to commence on 8 March 2015.
3. Rhys Wilkins be convicted of possessing methylamphetamine for the purpose of sale or supply to another person on 10 October 2014.
4. Rhys Wilkins be sentenced to 16 months imprisonment to commence on 8 May 2015, that is to be cumulative as to 6 months on the first sentence.
5. The sentence be suspended today for a period of 2 years.
6. Rhys Wilkins be 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 two years from today with the following conditions:
(a) a probation condition that he be under the supervision of the Director-General or her delegate for two years or such lesser period as the person supervising him decides is appropriate and that he obey all reasonable directions of the person supervising him; and
(b) a community service condition that he perform 150 hours of community service work within 15 months.
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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