R v Winters (No 2) - [2022] ACTSC 378

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:	R v Winters (No 2)
Citation:	[2022] ACTSC 378
Hearing Date:	30 June 2022
Decision Date:	15 August 2022
Before:	Refshauge AJ
Decision:	1. Joshua Luke Winters’ conviction for aggravated burglary be confirmed and he be re-sentenced to 18 months imprisonment commencing from 15 January 2022 and expiring on 14 July 2023. 2. Joshua Luke Winters’ conviction for minor theft by joint commission be confirmed and he be re-sentenced to 2 months imprisonment commencing from 15 May 2023 and expiring on 14 July 2023. 3. Joshua Luke Winters’ conviction for damaging property be confirmed and he be re-sentenced to six months imprisonment commencing from 15 March 2023 and expiring on 14 September 2023. 4. Joshua Luke Winters’ conviction for aggravated burglary by joint commission be confirmed and he be re-sentenced to 18 months imprisonment commencing from 15 June 2023 and expiring on 14 December 2024. 5. Joshua Luke Winters’ conviction for minor theft be confirmed and he be re-sentenced to seven months imprisonment commencing from 15 August 2024 and expiring on 14 March 2025. 6. Joshua Luke Winters’ conviction for driving a motor vehicle without the owner’s consent be confirmed and he be re-sentenced to 10 months imprisonment commencing from 15 October 2024 and expiring on 14 August 2025. 7. Joshua Luke Winters’ conviction for theft by joint commission be confirmed and he be re-sentenced to nine months imprisonment commencing from 15 February 2025 and expiring on 14 November 2025. 8. Joshua Luke Winters’ conviction for driving while disqualified as a repeat offender be confirmed and he be re-sentenced to six months imprisonment commencing from 15 July 2025 and expiring on 14 January 2026. 9. Joshua Luke Winters’ conviction for minor theft be confirmed and he be re-sentenced to two months imprisonment commencing from 15 November 2025 and expiring on 14 January 2026. 10. Joshua Luke Winters be convicted of driving unlicensed and be sentenced to six months imprisonment commencing from 15 October 2025 and expiring on 14 April 2026. 11. Joshua Luke Winters be convicted of driving a motor vehicle without the owner’s consent and be sentenced to 12 months imprisonment commencing from 15 November 2025 and expiring on 14 November 2026. 12. The sentences imposed be suspended and Joshua Luke Winters 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) from today, 15 August 2022, until the end of the total sentence, 14 November 2026, on the following conditions: (a) That Joshua Luke Winters travel to Calvary Riverina Drug and Alcohol Centre, Wagga Wagga, New South Wales on 16 August 2022 and admit himself to the residential program by 10:00 am that day; (b) That Joshua Luke Winters remain at the Calvary Riverina Drug and Alcohol Centre until he has completed the residential drug rehabilitation program and obey all reasonable directions of the officer in charge of the Centre and obey all the…

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 Winters (No 2)

Details

AGLC: R v Winters (No 2) [2022] ACTSC 378
Case: [2022] ACTSC 378
Decision Date

CaseChat Overview and Summary

The case of R v Winters (No 2) was heard by the Supreme Court of the Australian Capital Territory. The case involved the offender, Joshua Luke Winters, who was facing a cancellation of his Drug and Alcohol Treatment Order and a re-sentencing for various criminal offences. The court was required to decide whether to cancel the Treatment Order and, if so, to re-sentence Mr Winters for the various offences he had committed.

The court considered three grounds for cancelling the Treatment Order: (1) Mr Winters was unwilling or unlikely to comply with a condition of the Treatment Order, (2) the continuation of the treatment and supervision part of the Order was not likely to achieve the objects of the Order, and (3) Mr Winters posed an unacceptable risk to the safety or welfare of a person.

The court found that the second ground was made out, as it was not practically possible for the treatment and supervision part of the Treatment Order to be administered given the unavailability of a suitable residential drug rehabilitation facility for Mr Winters. The court also considered the other grounds and Mr Winters' situation, and concluded that the Treatment Order should be cancelled.

Following the cancellation of the Treatment Order, the court re-sentenced Mr Winters for the various criminal offences he had committed, taking into account the time he had already spent in custody. The court imposed a total sentence of four years and 10 months, which was suspended and replaced with a Good Behaviour Order. The conditions of the Good Behaviour Order required Mr Winters to attend a residential drug rehabilitation program at Calvary Riverina Drug and Alcohol Centre, submit to supervision, and abstain from alcohol, cannabis, and illicit drugs.

In summary, the court cancelled Mr Winters' Drug and Alcohol Treatment Order and re-sentenced him for the various criminal offences he had committed, imposing a suspended sentence and a Good Behaviour Order with strict conditions to ensure his rehabilitation and compliance with the law.

Orders