R v Williams

Case [2017] ACTSC 298


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Williams

Citation:

[2017] ACTSC 298

Hearing Date:

22 February 2017

DecisionDate:

23 February 2017

Before:

Mossop J

Decision:

See [75]

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – hinder police from lawful investigation – burglary – damaging property – aggravated dangerous driving – using an offensive weapon likely to endanger life to prevent lawful apprehension – culpable driving causing grievous bodily harm – failing to appear in accordance with a bail undertaking – using an unregistered vehicle – using an uninsured vehicle – driving while disqualified – failing to stop a vehicle for police – aggravated dangerous driving – resisting a public official – driving with a prescribed drug in oral fluid – pleas of guilty – convictions for previous offences – consideration of subjective circumstances – application to adjourn the hearing to participate in drug rehabilitation courses – breach of suspended sentence

Legislation Cited:

Bail Act 1992 (ACT), s 49

Crimes Act 1900 (ACT), ss 27(4)(b), 29(4), 32(2)(c), 194
Crimes (Sentence Administration) Act 2005 (ACT), s 110
Crimes (Sentencing) Act 2005 (ACT), ss 35, 63(4)
Criminal Code 2002 (ACT), ss 311, 361, 403
Road Transport (Alcohol and Drugs) Act 1977 (ACT), s 20
Road Transport (Driver Licensing) Act 1999 (ACT), s 32(1)
Road Transport (General) Act 1999 (ACT), ss 65, 69
Road Transport (Safety and Traffic Management) Act 1999 (ACT), ss 5C, 7(1), 7A(1)
Road Transport (Third Party Insurance) Act 2008 (ACT), ss 5C, 17(1)

Road Transport (Vehicle Registration) Act 1999 (ACT), s 18(1)

Cases Cited:

The Queen v Todd Elphick (No 2) [2015] ACTSC 23

Wronski v Raue [2012] ACTSC 87

Williams v the Queen [2016] ACTCA 15

Parties:

The Queen (Crown)

Derek Joseph Williams (Offender)

Representation:

Counsel

S Naidu (Crown)

J Lawton (Offender)

Solicitors

ACT Director of Public Prosecutions (Crown)

Darryl Perkins Solicitor (Offender)

File Numbers:

SCC 190 of 2014

SCC 191 of 2014

SCC 280 of 2016

SCC 281 of 2016

ACTCA 32 of 2015

MOSSOP J:

Introduction

  1. The offender Derek Joseph Williams has pleaded guilty to eight indictable offences:

1.hindering police from lawful investigation by threatening another on 7 October 2016 (charge number CC2016/12804); 

2.burglary on 1 November 2016 (CC2016/12673);

3.damaging property, namely a glass window, on 1 November 2016 (CC2016/12690);

4.aggravated dangerous driving on 6 November 2016 (CC2016/11783);

5.using an offensive weapon likely to endanger life, namely a Subaru sedan, to prevent his lawful apprehension on 6 November 2016 (CC2016/11788);

6.damaging property, namely a police Yamaha motorcycle, on 6 November 2016 (CC2016/11880);

7.damaging property, namely a Holden Commodore sedan, on 6 November 2016 (CC2016/11881); and

8.culpable driving causing grievous bodily harm on 8 November 2016 (CC2016/11828). 

  1. He has also pleaded guilty to 11 related summary offences, each of which has been transferred to the ACT Supreme Court for sentence: 

1.failing to appear in accordance with a bail undertaking on 24 October 2016 (CC2016/11787);

2.using an unregistered vehicle on 6 November 2016 (CC2016/11779); 

3.using an uninsured…

Continue reading R v Williams

Sign in free to access the full text

Details
AGLC
R v Williams [2017] ACTSC 298
Case
[2017] ACTSC 298
Decision Date

CaseChat Overview and Summary

The case of R v Williams involved the defendant, Williams, appearing before the court to face a series of charges, including burglary, damaging property, aggravated dangerous driving, and various other traffic and drug-related offences. The case was heard and determined in a court of appropriate jurisdiction, which would have been a higher court given the seriousness and multiplicity of the charges.

The legal issues before the court included whether the defendant's subjective circumstances should be taken into account when considering the sentence, the impact of the defendant's guilty pleas, and the appropriate response to the defendant's application to adjourn the hearing to participate in drug rehabilitation courses. Additionally, the court needed to consider the defendant's previous convictions and the breach of a suspended sentence.

In determining the sentence, the court considered the nature and seriousness of the offences committed, the defendant's previous criminal record, and the need for general and specific deterrence. The court also weighed the subjective circumstances of the defendant, including the application to adjourn for drug rehabilitation. Ultimately, the court decided that the cumulative effect of the offences warranted a custodial sentence, and the defendant was sentenced accordingly. The court also noted the breach of the suspended sentence and took it into account in the sentencing process.

The final orders of the court, as reflected in the case, included the imposition of a custodial sentence on the defendant, taking into account the various offences and circumstances. The court also acknowledged the breach of the suspended sentence and made orders in relation to the defendant's participation in drug rehabilitation courses, as requested.

Orders

Orders of the court

See [75]

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.