STATE OF TASMANIA v BRADY CHRISTOPHER OATES 13 FEBRUARY 2024
COMMENTS ON PASSING SENTENCE JAGO J
RE-SENTENCE
I have before me an application to cancel a Court Mandated Drug Diversion Order. On 20 November 2023, I sentenced the respondent to a Drug Treatment Order with a 15 month custodial component in respect to the crime of dangerous driving. As part of the same sentencing order, the respondent was also sentenced to six weeks’ imprisonment for the offence of evade police aggravated circumstances, and four months’ imprisonment cumulative for other related summary offences. He has served both sentences of imprisonment.
Since the imposition of the Drug Treatment Order the respondent is alleged to have committed further serious driving offences and some dishonesty matters. He has been remanded in custody since 18 December 2023 on those matter. He has not applied for bail. Because of his custody status, he can no longer continue with the Court Mandated Drug Diversion programme.
I am satisfied pursuant to s 27Q(1)(b) of the Sentencing Act that the respondent will be unable to comply with conditions of the order because his circumstances have materially changed. It is appropriate, therefore, to cancel the Drug Treatment Order. In considering what portion of the custodial component ought to be activated, s 27Q(2) requires me to take into account the respondent’s compliance with the treatment and supervision part of the order. I take into account the two Court Mandated Drug Diversion progress reports, with which I have been provided. They disclose that his initial engagement with the CMD team was, in part, positive although he continued to use illicit substances and, of course, his engagement was very short lived given the new offending allegedly occurred on 17 December 2023, so less than a month from the date of sentence. In those circumstances it is appropriate, in my view, that the whole of the custodial component be activated. I will make allowance for parole.
I activate the 15 month custodial component of the sentence. I order the defendant not be eligible for parole until he has served eight months of that period of imprisonment.