Director of Public Prosecutions v Altaee

[2023] VCC 1274

IN THE COUNTY COURT OF VICTORIA

AT Melbourne

CRIMINAL DIVISION

Revised
Not Restricted
Suitable for Publication

Case No. CR-22-01275

DIRECTOR OF PUBLIC PROSECUTIONS

v

OMAR ALTAEE

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JUDGE:	HER HONOUR JUDGE BLAIR
WHERE HELD:	Melbourne
DATE OF HEARING:	18 July 2023
DATE OF SENTENCE:	24 July 2023
CASE MAY BE CITED AS:	DPP v Altaee
MEDIUM NEUTRAL CITATION:	[2023] VCC 1274

REASONS FOR SENTENCE
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Subject:CRIMINAL LAW – SENTENCE

Catchwords:              Obtaining property by deception – reckless exposure of police officer to risk by driving – conduct endangering persons – possess drug of dependence

Legislation Cited:      Criminal Procedure Act 2009; Sentencing Act 1991

Cases Cited:Worboyes v The Queen [2021] VSCA 169; Boulton v The Queen [2014] VSCA 342; (2014) 46 VR 308

Sentence:                  Total effective sentence of 2 years imprisonment, Community Correction Order for 2 years and a disqualification of driving licence for 2 years

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APPEARANCES:	Counsel	Solicitors
For the DPP	Mr C. Fairfield	Office of Public Prosecutions
For the Accused	Ms M. Greener

HER HONOUR:

1Omar Altaee, on 23 May 2023 you sought a sentence indication on one charge of handling stolen goods, 5 charges of obtaining property by deception, 1 charge of theft, 1 charge of aggravated reckless exposure of police officer to risk by driving, 1 charge of conduct endangering persons, prohibited person possess imitation firearm and possess a drug of dependence namely methylamphetamine.

2In addition, there were the following related summary offences. Charge 13 dealing with property suspected of being proceeds of crime, Charge 14 drive a motor vehicle while the prescribed concentration of drugs were present in oral fluid, Charge 16 unlicenced driving and Charge 22 a rolled up charge of commit an indictable offence whilst on bail.

3On 26 May 2023, pursuant to s207(1)(a) of the Criminal Procedure Act 2009,[1] I indicated that if you were to plead guilty, taking into account that you had served 516 days on remand I would impose a further term of imprisonment of no more than 6 months in combination with a community correction order. On the basis of this indication your matters resolved and you were arraigned on indictment M12381159. You pleaded guilty to the charges subject of the sentence indication. 

[1] Criminal Procedure Act (Vic) 2009 s207(1)(a).

Circumstances of offending

4The agreed factual basis of your offending is contained in the Summary of Prosecution Opening for Plea dated 14 June 2023. This document was tendered at your plea and what now follows is a summary of the offending for which you are to be sentenced.

5There are 7 victims in this matter, being Abdul Solis,[2] Fabian Stroud,[3] Kenneth Yee,[4] Hannah Weaver,[5] Bernard Murray,[6] Senior Constable Bridget Crawford,[7] and Ramon Nash.[8]

[2] A pseudonym.

[3] A pseudonym.

[4] A pseudonym.

[5] A pseudonym.

[6] A pseudonym.

[7] A pseudonym.

[8] A pseudonym.

6On 22 May 2017, Amin Pineda’s[9] Victorian driver's licence was stolen from his unlocked vehicle in Williamstown. A copy of this licence was used by you throughout your offending.

[9] A pseudonym.

7Between 5 July 2021 and 8 July 2021, a Mercedes Benz valued at $28,000 was stolen. It was not listed as stolen until 31 July 2021. You advertised this vehicle on Facebook Marketplace for $20,000 using an alias account. This relates to Charge 1: Handling Stolen Goods.

8On 19 July 2021, Abdul Solis, who was based in South Australia, viewed the advertisement and organised for his father, Hassan,[10] to inspect the vehicle. Hassan contacted you and arranged to meet to inspect the vehicle. A sale price of $18,000 was agreed upon and a $500 cash deposit was paid. Abdul transferred $18,000 to his father to facilitate the purchase.

[10] A pseudonym.

9You confirmed you had received the $500 by way of text message. The outstanding amount was to be paid on 20 July 2021. You also sent a photograph of Pineda’s driver's licence with his full details and an altered photograph.

10On 20 July 2021, you met Hassan to finalise the purchase. After a test drive, Hassan paid the outstanding $17,500 in cash and you gave him the car and the keys. A VicRoads transfer form was signed by both of you, with you signing using Pineda’s details as the seller. This relates to Charge 2: Obtaining property by deception.

11A few days later, Hassan returned to South Australia and delivered the vehicle to his son. On 9 August 2021, Abdul attended a local Police station for a vehicle inspection to register the vehicle. A registration check was conducted and the vehicle was flagged as stolen. The vehicle was seized by South Australian police and Abdul suffered a loss of $18,000.

12On 11 November 2021, you contacted Fabian Stroud in relation to a Jeep he had listed for sale online. You introduced yourself as ‘Ami’[11] and a price of $46,500 for the vehicle was agreed.

[11] A pseudonym.

13Stroud provided his bank details for you to leave a deposit prior to collection of the vehicle from his address. You attended an ATM and purported to deposit $46,000 by way of 5 cheques within 24 minutes. You used a stolen cheque book. You then sent Stroud a text message and provided Pineda’s details as your own identity.

14At 1.26 am on 12 November 2021, you arrived at Stroud’s address and introduced yourself as Amin. You signed a VicRoads transfer form and bill of sale as Pineda and paid the remaining $500 in cash. Stroud believed the cheque deposits to be legitimate and obviously did not report the matter to police. Further, he provided you possession of the Jeep and two sets of keys. You left with the vehicle. This relates to Charge 3: Obtaining property by deception.

15Shortly after, you attended a nearby 7-Eleven service station where you were captured on CCTV footage driving and then taking photos of the vehicle. You then used these photographs to advertise the vehicle for sale on Facebook marketplace at $30,000. You used the same alias as used in Charge 1.

16On 14 November 2021, Kenneth Yee contacted you about the advertised Jeep. You provided a phone number and Yee, who spoke limited English, organised for a friend, Mr Tang,[12] to speak with you to organise inspection.

[12] A pseudonym.

17Later that day you met with Yee and Tang at an address you provided and after some negotiations, a sale price of $28,000 was agreed upon. You arranged to meet Yee once he had sourced the money. Yee obtained $23,500 in cash from his employer and withdrew the remaining $4,500 in cash from his own account.

18Around 5.00 pm on that day, Yee and Tang returned to the same address to purchase the vehicle. A VicRoads transfer form was signed, and Yee provided the cash to you in exchange for one key to the Jeep.

19You sent a text message to a contact in your phone stating, ‘Yallah make a scene or something... Attract them to your car... Drive towards me... and call them both'. At this time, a male in a white Nissan approached and shouted towards Tang to ask for directions. Tang approached the vehicle to assist and turned his back towards you and Yee. You told Yee that you need to get some items out of the Jeep. You entered the driver’s seat, and with both Yee and Tang distracted by the man in the Nissan, you drove away in the Jeep with Yee’s cash. Mr Tang assisted investigators to identify you. This relates to Charge 4: Theft.

20At roughly 7.30 pm the same day, 14 November 2021, Hannah Weaver contacted you via Facebook in response to the Jeep advertisement. You responded. Weaver confirmed she had $30,000. You exchanged phone numbers and arranged to meet with Weaver at a service station opposite a shopping centre. Between 8.15 pm and 8.30 pm, you met with Weaver and her ex-partner, Young. The purchase of the Jeep was facilitated for $30,000 in cash. During this meeting, you told Weaver that there was approximately $2,800 in finance owing on the Jeep that you would pay off the next day.

21A VicRoads form was signed, you again used Pineda’s details. You wrote the date as 15 November 2021 and the sale price as $20,000. You also showed Weaver an image of Pineda’s licence as your identity. This relates to Charge 5: Obtaining property by deception.

22On 15 November 2021, police contacted Stroud who confirmed the cheque deposits made had not cleared his accounts. The Jeep was listed as stolen on that date. At this time, the police were not aware the vehicle had been on-sold to Weaver, nor was Weaver aware she was in possession of a stolen vehicle.

23On 14 November 2021, Bernard Murray listed his silver BMW for sale on Gumtree for $20,000. You contacted Murray and a price of $19,000 was agreed upon. You also enquired about a motorbike listed for sale at $12,000 but made no agreement to purchase the motorbike.

24Murray provided you with his banking details and you made three cheque deposits totalling $28,500. Murray contacted you as this was more than expected and assumed you also deposited money for the motorbike. An agreement was made to purchase the bike however you were $2,500 short.

25You made a further cheque deposit for $2,500 and instructed Murray to meet you at an address in Altona North. You and two unidentified males met with Murray at this address. You gave Murray $250 for delivering the vehicles. Subsequently, you and Murray signed transfer forms for both vehicles. You again used Pineda’s details to sign the form. You and the other males then left with the vehicles. This relates to Charges 6 and 7: Obtaining property by deception.

26On the morning of 16 November 2021, police observed the BMW parked outside your address. At this point, Murray had not contacted the police about any sale of the vehicle. When contacted, Murray told police about the sale and that the first cheque deposit had bounced.

27At approximately 1.30 pm, three police officers, Crawford, Tipas, and Briz, drove to your address in an unmarked vehicle in an attempt to arrest you and recover the vehicle. The officers conducted a patrol and noticed the vehicle parked in the parking lot at your address. Two people, Riley Kellett and Chloe Burr were standing next to the vehicle, talking to you. You were seated in the driver’s seat of the vehicle.

28Officer Crawford parked their vehicle directly behind the vehicle you were in, and all three officers exited the vehicle. They were all wearing ballistic vests with ‘POLICE’ labelled on them. Officers Tipas and Briz attempted to arrest Kellett and Burr as they walked off, as it was believed at the time they were involved in the theft and deception of the BMW.

29Officer Crawford saw you in the driver’s seat of the BMW and approached the driver’s side front door and shouted for you to open the door, which was locked. You then started the engine of the vehicle. A nearby witness heard you say, 'Get the fuck out of my way'.

30Officer Tipas focused on Kellett and Burr returned to the vehicle you were in and again asked you to exit the vehicle. He also struck the passenger window of the car twice. You then reversed the vehicle and struck the front bumper bar of the unmarked police car. You drove forward, reversed again to make space, and then drove forward again, driving straight at Officer Crawford. Officer Crawford was trapped between the vehicle and metal fencing and had to jump into an old, discarded mattress to avoid being hit. This is the offending in relation to Charge 8: aggravated reckless exposure of a police officer to risk by driving.

31You then drove away in the vehicle, driving west on Mason Street. You continued to drive in a dangerous manner and at a dangerous speed and were sighted by a Highway Patrol Unit travelling south on a street in Altona.

32You attempted to overtake another vehicle, which was turning right, you collided with that vehicle. Both your vehicle and the other vehicle spun out of control, you narrowly missed a pedestrian before you came to a stop after mounting a kerb and colliding with a parked car. This is the offending in relation to Charge 9: conduct endangering persons.

33You exited the vehicle and attempted to run away on foot before you were arrested nearby. A search was conducted, and you were found with a phone and a bag on your person. The bag was searched at the Altona Police Station and the following items were found:

(a)   $7,265 in cash and that is believed to be proceeds from Yee and Weaver (RSO 13: Dealing with property suspected of being proceeds of crime);

(b)   3 small bags with methamphetamine in them a total weight of 2.7 grams (Charge 11: possession of a drug of dependence);

(c)   a Commonwealth Bank of Australia cheque deposit for $2,500, dated 15 November 2021 for payment into Murray’s bank account; and

(d)   the VicRoads transfer form signed by you and Stroud.

34The following items were found in the BMW from which you fled:

(a)   3 CBA cheque books;

(b)   2 Ord Minnett cheque books;

(c)   VicRoads transfer form signed by you and Murray;

(d)   multiple loose NAB and CBA cheques;

(e)   4 CBA cheque deposit receipts for $10,000, $10,000, $10,000, and $6,000, dated 11 November 2021 and addressed to Stroud;

(f)    3 CBA cheque deposit receipts for $9,000, $9,500 and $10,000, dated 15 November 2021 and addressed to Murray;

(g)   a BMW Key; and

(h)    and a black imitation firearm (Charge 10: being a prohibited person in possession of an imitation firearm and RSO 22: commission of indictable offences while on bail).

35An oral fluid test was conducted which indicated the presence of Methylamphetamine/MDMA in your fluid. This was later confirmed by toxicology analysis (RSO 14: Drive a motor vehicle while the prescribed concentration of drug was present in your blood).

36A search warrant was executed at your premises and police located clothing matching that which you wore when you offended. Police also found relevant material on your phone relating to the offending, and you were positively identified in both a photo board line up and via a Facebook profile picture.

Nature and gravity of offending

37In formulating an appropriate sentence I must have regard to the gravity of your offending. An overview of your offending is that it involves 11 offences from 6 incidents made up of 5 instances of dishonesty offending and the last instance being your unsuccessful and dangerous attempt to evade arrest. In terms of timing your first offending was isolated and took place in July 2021 and the remainder occurred over a five day period in November 2021, culminating in your arrest on 16 November 2021. Your offending involved 7 victims, five of whom were innocent members of the public who thought they were legitimately buying or selling a car, one was a police officer who but for her quick thinking and nimble actions narrowly avoided being run over by you and lastly a man who just happened to be making a right hand turn in the wrong place at the wrong time.

38No doubt each of your victims have been impacted by your offending, whether through loss of money or goods, through property damage from a motor vehicle collision, or through the frightening experience of having a car driven at them. The total amount of your offending is in the order of $155,000.

39You were clearly aware the licence you were using was not your own. You deliberately deceived people by using this fraudulent licence and by the use of fraudulent cheques that you knew would be dishonoured. Further, you acted quickly knowing that your offending would be uncovered if cars were reported stolen and your cheques bounced. I find your offending in this context was concerted and involved a degree of planning. I note however, that you have past experience working with a family member buying and selling cars.

40The seriousness of your charges is in part indicated by the maximum penalties imposed by parliament. In my view the most serious offending involves your attempt to evade arrest. Charge 8 in particular is a category 2 offence under the Sentencing Act 1991. This means that I must impose a term of imprisonment unless a special reason exists. No special reason was argued in your case. In addition, I must order that a term of imprisonment on this offence be served cumulatively, unless otherwise ordered, with any uncompleted sentence imposed upon you either before or at the same time as that term. Further, I must disqualify you from obtaining a licence or permit to drive for not less than 24 months.

41Charge 9 of conduct endangering persons involved danger to not only the other driver of the car you hit but also a pedestrian who you narrowly missed and also the person's whose parked car you hit. You are not to be sentenced for potential outcomes but your driving on this occasion was incredibly risky and outrageously dangerous, not only were you driving at high speeds to evade police but you were intoxicated on methamphetamine at the time.

42When you were arrested the police located various items either on your person or in the stolen BMW. The most concerning of these was an imitation firearm. This is an inherently serious offence notwithstanding that there was no suggestion that it had been used in any offending.

43Taken as whole your offending represents a very serious set of events. Accordingly, your offending behaviour must be denounced by this court in the strongest terms.

Personal Circumstances

44You are now 27 years old. You were born in Australia after your mother fled war‑torn Iraq. She was alone, young and pregnant with you at the time. You have never met your biological father. You mother re-partnered with a man who was abusive and had problems with alcohol and gambling. Your mother had five children with this man, four girls and a boy. When you were 16 one of your sisters died due to heart problems, and you assisted with her burial. This was devastating for your family and your role in her burial has caused your ongoing symptoms of trauma.

45The rest of your family remain supportive of you. I received testimonials from your mother, two of your sisters, your partner and a nephew and a niece. It is clear that they love you dearly and have considerable faith that you will be able to reform despite your past history. I hope you do not let them down.

46I also received a letter from you directly and you have made some promises in that letter that you are ready to reform so I hope you do not let yourself down either.

47In terms of schooling you completed Prep to Year 6 at Altona North Primary School and did not have any learning difficulties. However, you were nearly expelled in Year 6 for repeated theft. In high school, you were expelled from one school due to oppositional behaviour and theft. You were then expelled from your next school for hitting someone with a hammer. You enrolled at Harvester Technical College in Sunshine but left due to bullying. You then completed a Certificate III in Automotive Technology at the Menzies Institute of Technology.

48You worked on and off at a family-owned car wash business during your late teens, and occasionally assisted your brother-in-law in buying and selling cars.

49In terms of overall substance use, you have a long history of substance use and abuse. You began misusing alcohol after your first brain injury and have engaged in binge drinking. You have smoked cannabis on occasion whilst in the community and experimented with ketamine when a teenager. At the time of past offending and the offending currently before the court you were mainly using methamphetamine, although I note you have also used GHB and other drugs.

50Over the years you have struggled with your mental health. When you were aged 14 you were assessed in the context of behavioural issues. At the time you were demonstrating aggressive and antisocial behaviour. A cognitive evaluation was conducted, and your IQ was found to fall in the Low Average range, your verbal comprehension skills were in the Borderline range, and your perceptual reasoning ability in the Average range. You were diagnosed with Double Depression Disorder and Oppositional Defiance Disorder at this time.

51Your prior criminal history contains a number of appearances in the Children’s Court and also a number from the Magistrates’ Court and significantly an armed robbery offence dealt with in this court in 2019. Further, you have a recent and relevant prior conviction for reckless exposure of emergency worker to risk by driving that was dealt with at Werribee Magistrates' Court in August of 2020. At that time for that and other offences you received an aggregate sentence of 20 months with a non-parole period of 9 months. According to the extended pre-sentence report from Corrections you completed parole between 20 April 2021 and 1 July 2021. It would appear that of a possible 11 months that you could have been supervised on parole you were only supervised for under three.

52You have served several terms of imprisonment in the past and have spent considerable amounts of time on remand. You have had the opportunity of community corrections orders and bail and you have breached such orders.

53In late November 2016, whilst in custody on remand at Port Phillip Prison, you experienced a severe traumatic brain injury after an assault. Your brain injury has resulted in ongoing problems with headaches, numbness on your right side, a right facial droop/Bell’s Palsy, dysarthria, persistent balance problems, as well as a range of cognitive and emotional difficulties. This severe traumatic brain injury has been described by experts as permanent and life‑changing.

54You were released on bail after this assault in 2016 but unfortunately you re offended and were again remanded. In August 2017 you suffered a second traumatic brain injury due to another assault whilst in custody. You were rendered unconscious and your extrication was delayed due to the presence of aggressive inmates. You were ultimately taken to Royal Melbourne Hospital where you were place in ICU for ventilator support and monitoring.

55In July 2018 you were again assaulted whilst in custody on remand. You were praying in your cell in the protection unit. You were diagnosed with a mild head injury and sustained a displaced nasal fracture which was treated under general anaesthetic. You were discharged from hospital shortly after each incident and required multidisciplinary rehabilitation as a result. Like the previous head injury in August 2017 this was said by medical experts to have exacerbated your brain injury originally inflicted in 2016. Since the last assault you began to have seizures, falls and blackouts.

56In early 2020, you were found unresponsive in your car following an intentional polysubstance overdose, involving unspecified quantities of methamphetamine, GHB, MDMA, and Diazepam. During a psychiatric evaluation at the hospital, it was assessed that the overdose was a suicide attempt. You reported experiencing drug induced psychotic symptoms prior to the suicide attempt and were prescribed Olanzapine (10mg daily) and discharged.

57You have been assessed on several occasions by clinical neuropsychologist and clinical psychologist Dr Matt Treeby. His most recent report of 21 April 2020 was tendered on your plea. Dr Treeby opined that (and this is tabled from his report):

(a)   Mr Altaee’s premorbid intellectual function was estimated in the Low Average range. On review Mr Altaee performed well below expectation and in the Extremely Low Range recording a full scale IQ of 67. His verbal comprehension skills and perceptual reasoning ability were both Borderline. Other testing placed him in the Borderline, or Extremely Low category.

(b)   Mr Altaee has experienced no appreciable recovery of his cognitive function since the time of his previous neuropsychological assessment on 15 September 2018 and he has a severe and permanent acquired brain injury. To put the extent of Mr Altaee’s level of cognitive impairment in perspective formal assessment indicates that his intellectual function is worse than 99% of other individuals his age in the wider community.

(c)   Mr Altaee experiences a range of cognitive impairments as a result of his brain injury. His judgement is impaired more broadly and he has impulsive behaviour tendencies. He tends to act without adequate forethought or the consideration of consequences. The impairment would have been evident at the time of his more recent offending (it is not the offending before me but the other offending in 2020) and given that his brain injury is permanent, he will experience these impairments going forward.

(d)   He clearly has longstanding problems with conforming to social norms with respect to lawful behaviours. On this basis he would appear to have pre‑existing antisocial personality traits and he meets full DSM 5 diagnostic criteria for antisocial personality disorder.

(e)   Mr Altaee has extremely low overall intellectual function and a severe acquired brain injury characterised by cognitive slowing and expressive language disorder, marked executive dysfunction, and a moderate learning and memory impairment. He will experience significant functional disability across life domains for the remainder of his life.

(f)    He requires high support and would benefit from NDIS funding and referral into an ABI specialised case management provider.

(g)   Mr Altaee’s marked cognitive impairment can be considered severe and permanent. He also has associated physical disability characterised by left‑sided weakness. He is vulnerable in custody.

58I accept these opinions. As I have mentioned the report of Dr Treeby is dated September 2020, and that is almost 3 years ago. In the circumstances it does not address the issue of any causal nexus between your cognitive and mental health deficits and your current offending. However, given the permanent and catastrophic nature of the severe traumatic brain injury you have suffered and your now very low intellectual functioning, I am prepared to accept in a general way that this has had some impact on your offending behaviour.

59What stood out from your plea is the huge amount of support that is now available for you by virtue of you being accepted for lifelong NDIS support. I understand that funding has been in place from approximately October 2021.  At that time you were in the grips of drug addiction and associating with a negative peer group. It appears you were not able to extricate yourself from this lifestyle to take up supports.

60You have now been on remand for approximately 19 months. In that time you have settled and have had numerous sessions with both Jeremiah Jimena who is your NDIS Support Co-ordinator and Jaffar Almirgani who is a social and support worker with ABCARE services. Mr Almirgani gave evidence before me and I was impressed with the therapeutic relationship he had established with you whilst in custody. In addition, I was impressed with the considerable thought that has gone into the plan for your release. This plan includes psychological support, physiotherapy, occupational therapy, mentoring, support with transportation and drug and alcohol by referral to ACSO. Mr Almirgani advised that his organisation often works with Corrections and they will be able to assist you to comply with your order in a variety of ways. Such assistance gives the court some confidence that you will comply with a community correction order.

Plea of guilty

61Your plea can not be seen as an early one. However, you have spared the victims the need to give evidence which no doubt would have been a harrowing experience for them. Further, your plea has spared the court what would have been a relatively lengthy trial and in doing so you have freed up valuable court time. In these circumstances your plea has a significant utilitarian value and I accept that you have demonstrated your desire to facilitate the course of justice. Accordingly, I will allow a significant discount for your plea of guilty.

62Further, despite having come through the pandemic the courts are still caught in the grips of the backlogs it created. In line with the principles enunciated in the case of Worboyes, your plea will attract a greater amelioration of sentence.[13]

[13] Worboyes v The Queen [2021] VSCA 169.

63Although you have served several terms of imprisonment in the past your current period of remand has been served in very difficult circumstances. I understand that you have served a significant period in isolation whilst in protection for your own safety given your vulnerability. Further, there has been a significant delay in your case. This matter has been hanging over your head and it is in this context of uncertainty that you have served 577 days.

64Whilst in custody you have settled into a routine of counselling over a significant period of time and you have been seeing your physiotherapist, Mr Jimena and also Mr Almirgani.

65You have family support and accommodation waiting for you upon release. I am optimistic that with the considerable supports in place you will be able to reform and complete a community correction order. This is particularly so given the careful planning that has taken place pursuant to your NDIS package. It is my view that you require assistance in your transition from custody to the community and in this regard I have taken into account the advice from Corrections that there needs to be a period of time where you are sentenced in custody for appropriate referrals and further planning to be undertaken.

Sentencing Principles

66The basic purposes for which a court may impose a sentence are punishment, general and specific deterrence, rehabilitation, denunciation and protection of the community. In your case, each of these sentencing principles are applicable although I have moderated general and specific deterrence to a limited degree in light of your permanent severe traumatic brain injury. Protection of the community in the circumstances of your established prior offending is a relevant consideration but I consider at this time it is best achieved by supports and interventions as I have mentioned, to address your ongoing issues and to prevent any relapse. In your case, this is what will likely reduce the risk of future offending.

67I take into account the sentencing guidelines referred to in s5 of the Sentencing Act, where relevant to your case. In particular, I have had regard to the sentencing landscape for the offending before me, particularly the charge of aggravated exposure to risk of emergency worker by driving. Ultimately the sentencing exercise requires that I balance all relevant factors and make a judgment as to the appropriate sentence in the circumstances of your particular case.

68The principles of totality, proportionality and parsimony are also very important considerations here. They require me to make sure the total sentence is appropriate for the total criminality and I have taken these principles into account in fixing the individual sentences and the structure of the sentence I will now impose.

69Weighing up all relevant matters in this difficult sentencing task I am mindful of the guidance given by the Court of Appeal in Boulton v The Queen,[14] that a community correction order may be suitable even in cases of relatively serious offences which might previously have attracted a medium term of imprisonment.

[14] Boulton v The Queen [2014] VSCA 342; (2014) 46 VR 308.

70So Mr Altaee, you are convicted and sentenced as follows.

Disposition

71Starting with Charge 8,  the reckless exposure of police officer to risk by driving, that will be the base sentence and I sentence you to 12 months' imprisonment.

72In relation to Charge 9 which is conduct endangering, I sentence you to 6 months' imprisonment.

73In relation to Charge 10 which is possession of the imitation firearm I sentence you to 6 months' imprisonment.

74In relation to Charges 1 to 7, I consider that they are offences of a similar nature which form a series of offending and so I have imposed an aggregate term of imprisonment of 8 months.

75In relation to the charge of possess a drug of dependence being a methylamphetamine you are sentence to 1 month imprisonment.

76In relation to the summary related offence of possess proceeds of crime you are sentenced to 1 month imprisonment.

77In relation to the summary related offence of committing an offence on bail you are sentenced to 1 month imprisonment.

78In relation to the summary related offence of unlicensed driving you are sentenced to 1 month imprisonment.

79In relation to the charge of driving whilst having methylamphetamine present in your blood you are convicted and fined $500.

80Charge 8 is the base sentence,  of 12 months, 3 months on Charge 9 is cumulative, 3 months on Charge 10 is cumulative and 6 months of the aggregate sentence imposed on Charges 1 to 7 is cumulative.  The sentences on the summary related offences and possession of drugs are to be served concurrently. So that should make up a total effective sentence of 2 years and I declare that you have already served 577 days by way of pre‑sentence detention. 

81Now in relation to Charges 1 through to 7, in addition to the 8 months aggregate sentence, I intend to impose a 24 month community correction order. So that is an aggregate community correction order that covers all of those charges. As I said, the period of that order will be for 2 years.

82Mr Altaee, I asked Corrections to provide an extended pre‑sentence report given your poor performance on such orders in the past and your complex presentation and needs, and the report I received was thorough and it was of considerable assistance. You were assessed as suitable for such an order and I have adopted the recommendations made by Corrections.

83So your order will commence upon your release from custody. The conditions of this community correction order include that you must perform or that:

(a)   you must submit for assessment and treatment for alcohol and/or drug abuse;

(b)   you must submit for assessment and treatment for mental health issues;

(c)   you must also submit for treatment and rehabilitation programs to reduce reoffending;

(d)   you are also to attend for supervision; and

(e)   I have also ordered Judicial monitoring, that is you must appear back before me from time to time so that I can monitor your progress.

84In addition to the conditions that I have imposed, there are standard conditions that you must comply with. Probably the most important of these is that you are not to commit another offence punishable by imprisonment for the period of the Order, which is 2 years. You need to report within two working days of your release to your nearest Corrections office, which I understand is Werribee Community Corrections.

85You are required to advise your supervising Corrections officer of any change of address where you are living or working within two clear working days. It is also a term of all community correction orders that you must submit to visits as directed and obey the instructions and directions of the Corrections officer and you cannot leave the State of Victoria without prior permission.

86So Mr Altaee if you re-offend you will breach the corrections order and if you do not comply with those conditions you would breach the corrections order, and if you do that you will come back before me and you may be re‑sentenced in relation to these original charges. I think you have been through that process before so you know what is involved with that. 

87So I can only place you on a correction order if you agree. So first of all, do you understand what is involved in the order?

88OFFENDER:  Yes I do, Your Honour. Yes I do, Your Honour.

89HER HONOUR:  Okay do you consent to such an order?

90OFFENDER:  Yes I do, Your Honour.

91HER HONOUR: Okay. Pursuant to s6AAA of the Sentencing Act but for your plea of guilty the sentence I would have imposed is 3 years 6 months with a 2 year non‑parole period.

92Now I understand there was an order for disposal is that correct?

93MR FAIRFIELD:  That is correct, Your Honour there are two forfeiture orders and one disposal order.

94HER HONOUR:  Okay well I will make the – and they are by consent is that right, Ms Greener?

95MS GREENER:  Yes, Your Honour.

96HER HONOUR:  So I will make the two orders for forfeiture and the order for disposal that is sought and in addition I need to make an order in relation to Mr Altaee's licence and he will – and I think the minimum period is two years is that correct?

97MR FAIRFIELD:  That is correct, Your Honour, yes.

98HER HONOUR:  Yes so I will order that you be disqualified from obtaining a licence for a period of two years from today's date and in addition pursuant to s89(1)(c).

99MR FAIRFIELD:  89C(1).

100HER HONOUR:  One.

101MR FAIRFIELD:  Yes.

102HER HONOUR:  89C(1) of the Sentencing Act - hang on I'll just find it. I make a finding – just one moment – that the offence was committed whilst you were under the influence of alcohol or a drug or both alcohol and a drug, well, which contributed to the offence, well in this case it was methamphetamine but I will make that finding pursuant to s89C(1) of the Sentencing Act.

103MR FAIRFIELD:  Perhaps Your Honour could identify which of the charges that relates to.

104HER HONOUR:  Well it relates to Charge 8 and Charge 9 and summary related charge, the unlicensed driving and also the oral fluid test charge, just for completeness I guess. So that is Charge 14 and Charge 16. Okay so is that it.

105MR FAIRFIELD:  As Your Honour pleases, yes.

106the other thing I have got to let you know is the judicial monitoring will be 26 February and I will make it at 9.30 am. So 26 February 2024 at 9.30 am.

107OFFENDER:  Thanks, Your Honour.

108HER HONOUR:  Okay and - - - 

109OFFENDER:  Thank you.

110HER HONOUR:  - - - hopefully everything's going well.

111OFFENDER:  Thank you, Your Honour, I really appreciate it.

112HER HONOUR:  All right. Okay thanks very much, thanks Ms Greener and thanks Mr Fairfield for very thorough submissions and preparation of this matter.

113MS GREENER:  As Your Honour pleases.

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