DPP v Lucas

1. Adam Lucas was sentenced in the Supreme Court on 14 June 2023: DPP v Lucas [2023] ACTSC 335 (DPP v Lucas).

2. He was sentenced with respect to offences of burglary, theft, and related offences that occurred between June and September 2022. In the sentence decision, his Honour Refshauge AJ observed that the “burglaries were committed to allow Mr Lucas to fund his drug habit” (at [39]). His Honour further observed that if “rehabilitation can be achieved, it will be a better protection for the community” (at [63]).

3. The total sentence imposed was one of four years imprisonment, to be served by way of a drug and alcohol treatment order. The treatment and supervision part of the order was for a period of two years.

4. Mr Lucas has progressed with his rehabilitation with commitment, and he has achieved his goals, and those of the treatment team with respect to that rehabilitation. As of June 2025, the Drug and Alcohol Sentencing List treatment team have recommended that Mr Lucas be graduated from the treatment and supervision part of the treatment order.

5. The seriousness of the offending behaviour, and the progress of rehabilitation that Mr Lucas has undertaken and succeeded with emphasises how far he has come. It is to be hoped that this progress of rehabilitation brings some measure of comfort to the community and to the victims of his offending.

6. Having regard to the position of the Treatment Team, pursuant to s 80ZH of the Crimes (Sentencing) Act 2005 (ACT) (Sentencing Act) I am satisfied that it is in the interests of justice to review the treatment order. On Mr Lucas’s behalf, it is sought that the order of 14 June 2023 be confirmed, such that Mr Lucas graduates to the next stage of the sentence of imprisonment suspended under the custodial part of the order. This will have him subject to supervision through a good behaviour order until 9 June 2027. The prosecution supports the application.

7. The Court agrees that such a progression is appropriate. Mr Lucas has achieved the objects of the treatment order: s 80O Sentencing Act.

Orders

8. Accordingly, the following orders are made: (1) A review of the drug and alcohol treatment order made on 14 June 2023 is conducted pursuant to s 80ZH(1) of the Crimes (Sentencing) Act 2005 (ACT). (2) The orders made on 14 June 2023 are confirmed.

I certify that the preceding eight [8] numbered paragraphs are a true copy of the Reasons for Judgment of her Honour Acting Justice Christensen Associate: Date: 13 June 2025

Remarks to participant on graduation Adam Lucas, we now move to celebrate your graduation from the treatment and supervision part of your drug and alcohol treatment order. It is an opportunity to celebrate the hard work you have done since June 2023, when your treatment order commenced. It is an opportunity to honour what you have achieved in meeting the expectations of the treatment program, of the Court, and of the community. It is also an opportunity for reflection as to the journey of rehabilitation that you have undertaken. Your journey of rehabilitation is one that has taken place on the lands, amongst the waterways, and under the sky of the Traditional Custodians of this Country. I acknowledge this and thank the Custodians for caring for Country for thousands of generations. I pay my respect to their Elders past and present. I also take this opportunity to acknowledge and to express the Court’s gratitude to the members of the treatment team, the previous members, and the present members. And I thank all of those who have supported Adam in his rehabilitation. The role that is undertaken in providing support to a participant on a treatment order is one that involves occasions of frustration and challenges. The treatment team approach their difficult roles with patience, kindness, and commitment. An occasion of graduation reflects the significance of the treatment team’s valuable contributions. Such an outcome can only occur though if a participant embraces the opportunity for a treatment order. And Adam has done this. For that, he too is to be thanked. It has been my privilege Adam to witness a part of your journey and engage with you in the time that I have sat as a judge on the Drug and Alcohol Sentencing List. The Court is also privileged today to have the presence of his Honour Refshauge AJ who is in attendance to witness your graduation. I trust that you understand that his Honour’s doing so reflects the pride that the Court has in you for your successful completion of the treatment and supervision part of your order. To enable me to understand how far you have come, I have read the original sentence decision. I have also read the reports that were before the Court at the time of your sentencing and records of conversations in this Court over the course of your treatment order. Your journey under the treatment order was not without setbacks and challenges. There were occasions of lapses, an occasion when you were returned to custody for a period, and a need to engage in additional rehabilitation programs. There was also a difficult period when you experienced the passing of a friend from substance misuse. However, you maintained your commitment to honesty and accountability, and, importantly, maintained your commitment to achieving the objects of the treatment order. You committed yourself to counselling, and volunteer activities. You were a valued member of your rehabilitation program communities. Your success in a rehabilitation program saw you delivering a speech to participants there, and you have plans to share your story to encourage others on a rehabilitation journey. Your own rehabilitation journey is one that commenced with early exposure to substance use and previous attempts at rehabilitation. Under the treatment order, you have finally achieved that rehabilitation. At the time you were sentenced, his Honour Refshauge AJ said to you that “you will have extensive intensive treatment and supervision, and hopefully that ongoing supervision for a lengthy period of time will allow you to come to terms with [your drug dependency] and address [your drug dependency] and be drug free and crime free, and then you can get back into the community and live a fulfilling life”: DPP v Lucas at [94]. I am delighted to observe that you have achieved what his Honour hoped for you. This has meant you have had to learn to put in place boundaries to limit your risk of relapse. Your kind and generous nature has meant that in the past you exposed yourself to people who were not supportive of your recovery. But now, you have built a circle of friendship that does support you and wants to see you continue to succeed. It warrants noting that this includes other participants on treatment orders. I am sure they share the Court’s pride in you, and that you provide inspiration to them as to what can be achieved if you remain committed to sobriety and a crime free life. Your commitment in this regard has also meant that you have been able to rebuild your relationships with your family. I am certain that they are proud of you for what you have achieved. Your achievements have not just been in maintaining sobriety, but you have also grown as a person and member of our community. You have engaged in employment, have made a home for yourself, you have committed yourself to study to improve your literacy, and you have a goal of obtaining your driver’s licence. You have shown care for “Jack” the Jack Russell who has been with you throughout your rehabilitation journey. He has been an important part of your journey; you have previously described him as your “soulmate”. It is clear that Jack embodies the notion that a dog is “man’s [and woman’s] best friend”. Adam – only you can truly understand the challenges you have faced to reach the point that you have reached today. I know that all those who have witnessed your journey and supported you along the way are proud of you. I hope that you are proud of yourself for what you have achieved. Well done. We wish you well for the future and look forward to seeing the positive contributions you will make in our community.