R v Dawson

• Jurisdiction: Australian Capital Territory
• Judge: Burns J
• Judgment Date: 25 May 2018
• Docket Number: File Number: SCC 49 of 2018; SCC 50 of 2018
• Date: 25 May 2018
• Court: Supreme Court of ACT

[2018] ACTSC 238

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Before:

Burns J

File Number: SCC 49 of 2018; SCC 50 of 2018

The Queen

(Crown)

and

Bradley Dawson

(Offender)

Representation:

Counsel

Mr J De Bruin (Crown)

Ms K Reardon (Offender)

Legislation Cited:

Crimes Act 1900 (ACT) s 160

Criminal Code 2002 (ACT) ss 308, 311, 318, 324

Drugs of Dependence Act 1989 (ACT) s 171

CRIMINAL LAW — JURISDICTION, PRACTICE AND PROCEDURE — Judgment and Punishment — Sentence — two series of offences — burglary — theft — take motor vehicle without consent — escape lawful custody — drug addiction — extensive criminal history — prospects for rehabilitation

Decision:

See [13]–[22]

Burns J

1 Bradley Dawson, you have pleaded guilty to two series of offences. On 10 December 2017 you committed an offence of burglary, an offence of theft and an offence of taking a motor vehicle without consent. On 14 December 2017 you committed a further offence of burglary, two offences of theft and one offence of escaping lawful custody. You have also pleaded guilty to two matters in the Magistrates Court which have been transferred to this Court: one offence of unlawful possession of stolen property and one offence of possession of a prohibited substance.

2 The maximum penalty for the offence of burglary, contrary to s 311 of the Criminal Code 2002 (ACT) ( Criminal Code), is 14 years' imprisonment, a fine of $210,000 or both. The maximum penalty for the offence of theft, contrary to s 308 of the Criminal Code, is 10 years' imprisonment, a fine of $150,000 or both. The maximum penalty for the offence of taking a motor vehicle without consent, contrary to s 318(1) of the Criminal Code, is five years' imprisonment, a fine of $75,000 or both. The maximum penalty for the offence of escaping lawful custody, contrary to s 160 of the Crimes Act 1900 (ACT), is five years' imprisonment, a fine of $75,000 or both. The maximum penalty for the offence of unlawful possession of stolen property, contrary to s 324 of the Criminal Code, is six months' imprisonment, a fine of $7,500 or both. The maximum penalty for the offence of possession of a prohibited substance, contrary to s 171(1)(b) of the Drugs of Dependence Act 1989 (ACT), is two years' imprisonment, a fine of $7,500 or both.

3 You were apprehended by police on 14 December 2017. You first appeared before the Magistrates Court on 15 December 2017 and were charged with the offences which you committed on 14 December 2017. You entered pleas of guilty to these charges on 31 January 2018. On 31 January 2018 you were charged with and entered pleas of not guilty to the charges relating to 10 December 2017. You entered pleas of guilty to those charges on 14 March 2018. On that day the matter was committed to the ACT Supreme Court for sentence.

The offending

4 With respect to the offences on 10 December 2017, I note that these offences occurred at night and in residential premises. You forced entry to the premises, causing damage to the premises. You also spent in excess of five hours in the premises. It is also an aggravating circumstance that the premises were ransacked, which is calculated to increase the sense of violation and feelings of insecurity on the part of the occupants. With respect to the offence of theft that occurred on that date, items of significant value were taken and have not been recovered. Items of sentimental value or emotional significance were also taken by you, even though they could have had little possible financial value to you.

5 With respect to the offences on 14 December 2017, I note that the burglary occurred in the very early morning in residential premises and at a time when it may be anticipated that residents would be at home. Indeed, there were two residents at home, including a young child.

Consideration

6 You have an extensive criminal history, particularly for offences of dishonesty, from 2010 onwards in Western Australia and New South Wales. I note that there are currently warrants outstanding for you in those states. There is no leniency that can be afforded to you based upon your prior criminal history.

7 I take into account the contents of the Pre-Sentence Report prepared for the sentence hearing. You are 29 years old and you are an Aboriginal man from the Port Hedland area in Western Australia. You reported having a supportive relationship with your mother. I note, however, that you reported having a somewhat unstable home life as a child as your mother moved around.

8 You have a five year old son from a relationship...