Director of Public Prosecutions v Banks (a pseudonym)

[2025] VCC 491

IN THE COUNTY COURT OF VICTORIA

AT MELBOURNE

CRIMINAL DIVISION

 Revised
Not Restricted
Suitable for Publication

DIRECTOR OF PUBLIC PROSECUTIONS

v

SHELIA BANKS (a pseudonym)

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JUDGE:	Karapanagiotidis
WHERE HELD:	Melbourne
DATE OF HEARING:	5 March 2025
DATE OF SENTENCE:	5 March 2025
CASE MAY BE CITED AS:	DPP v Banks (a pseudonym)
MEDIUM NEUTRAL CITATION:	[2024] VCC 491

REASONS FOR SENTENCE
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Subject:CRIMINAL LAW - Sentencing

Catchwords:              Drive disqualified – Driving under the influence of a drug

Legislation Cited:      Sentencing Act 1991 (Vic)

Cases Cited:

Sentence:                  Drive disqualified - sentenced to a term of seven days' imprisonment, Driving under the influence - sentenced to a term of seven days' imprisonment. Sentence is subsumed within the custodial part of DATO.

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APPEARANCES:	Counsel	Solicitors
For the DPP	Mr S. Tamburro	Office of Public Prosecution
For the Accused	Ms J. Finlay	Victoria Legal Aid

HER HONOUR:

1You have pleaded guilty to, and accepted the Court's jurisdiction to hear and determine, the following summary charges, which both occurred on 20 December 2023:

2Driving disqualified; and

3Driving under the influence of a drug to such an extent that you were incapable of having proper control of the motor vehicle.

Circumstances of the offending

4The summary of your offending is outlined in the prosecution summary of Informant Horvath and marked as Exhibit A on this plea.  

5You were cancelled and disqualified from obtaining a licence by the Melbourne Magistrates’ Court for a period of 12 months from the 25 January 2023.  

6On Wednesday 20 December 2023 at 2.50pm you were observed driving a black ford focus (IXU 5CE) in the Seabrook area.  A witness observed you unconscious in the drivers seat of the vehicle, called 000 and then attempted to render assistance to you.  You regained consciousness as the witness attempted to grab your keys our of your vehicle and you started the car again and began travelling southbound.  You were then observed by another witness who aw you veer across the road and crash your vehicle as you attempted to execute a U-turn and travel northbound on Point Cook Road.  At 3.15pm police arrived at the scene and observed you unconscious in your vehicle.  You were removed from the car and into an ambulance.  You were conveyed to the Werribee Mercy Hospital and two samples of blood were collected.  These were later analysed and returned a reading of 0.60 mg/l of methyl-amphetamine, 0.09 mg/l of amphetamine and 290 mg/l of Gamma Hydroxybutyrate (GHB).  

7You could not be interviewed due to being transported to the Werribee Mercy Hospital.  

Gravity of offending

8In my assessment of your offending I take into account the maximum penalties that apply and the circumstances of your offending. 

9Licencing is well regulated in our State for good reason.  You cannot drive a vehicle while disqualified.  Further, it is entirely and obviously against the law to drive when you are incapable of having proper control of your vehicle.   Based on the readings, the multiple drugs in your system, the relevant witness observations and your driving, you were clearly incapable of having proper control.  It is only because of sheer luck that you didn’t seriously hurt yourself or someone else.  Road users need to be protected from this type of offending and general deterrence and denunciation are important.   

10I accept that you were well and truly struggling with addiction at the time, but of course in terms of offending of this nature, that is not an excuse.

Plea of guilty

11I take into account your early plea of guilty.  It entitles you to a discount in sentencing.  It has utilitarian value and I accept it indicates remorse and an acceptance of responsibility.  

Personal circumstances

12You admit your prior road traffic and criminal history.  You have a history for drug related and dishonesty offences and of breaching court orders.  In terms of driving matters, in summary, you have a prior for unlicensed driving (21/11/2014), drive suspended x 3  (27/9/2017, 6/2/2019, 25/1/2023) and failing oral fluid drug test within 3 hours of driving (25/1/2023). 

13As for your personal circumstances, these can be summarised as follows. 

14You are now in your late 30s.  You were raised in the western suburbs of Melbourne with your family.  Both your parents worked in factories and worked hard to provide for you and your brother.  

15You were schooled up until year 10 and then left to undertake a hairdressing course.  At the age of 18 years you worked in this role for about 2 years.  

16At the age of 23 years you were first introduced to amphetamines.  At that stage, it was sporadic and recreational use. In your mid-20s you were introduced to methamphetamines by a boyfriend and you started using daily.  It was readily available to you.  Approximately 10 years ago you were introduced to GHB.   You used these drugs constantly up until your remand in custody on 14 March 2024.

17Now in respect of subsequent matters, this matter now is quite dated and I take that into account. What has occurred is you were subsequently, so several months or so later into early 2024, remanded in custody and you were then, as Ms Finlay outlined, some 29 days later bailed.   

18On 14 March 2024 you were remanded in custody.  It is on this date that warrants were executed on your home and you were arrested by police and later charged with trafficking in a drug of dependence (commercial quantity, 1,4-Butanediol) and possess drug of dependence. 

19On 12 April 2024 you were bailed having been assessed and found suitable for CISP.  On 25 September 2024 it appears that your bail was varied to allow you to engage in residential treatment at Odyssey House and I am aware that you really engaged there and you made a real effort to address your drug addiction issues

20In late 2024 relevant drug and alcohol treatment assessment reports deemed you suitable for a Drug and Alcohol Treatment Order (DATO).  It was considered that you would have satisfied the diagnostic criteria for Substance Use Disorder at the time of the initial offending, which was severe in nature.  It was also considered that the treatment and supervision component of a DATO would be appropriate and beneficial.  

21On 14 November 2024 you were placed on a DATO and you were residing at Odyssey House at the time.  The core conditions will remain in force for 26 months and the program conditions for 2 years or until further order. The custodial component of the order was a term of 26 months.  

22On 26 November 2024 your DATO was varied to accommodate your release from rehabilitation and return to the family home, where you continue to reside.  

23You continue on your DATO and this Court itself has reviewed you a number of times. I am aware and appreciate that you have had challenges and that you have struggled, but that you equally have been applying yourself, you have been engaging with the order.  You have been attending your testing and working with the team In broad terms, you have applied yourself but you have struggled and there is current planning to see you return to a residential rehabilitation program.

24It is very pleasing to hear that you have remained abstinent for several days now and that you are attending your testing.  Ultimately it is hoped that you return to residential program and I understand that that is  currently the work that is being done.  So I take all those matters into account.   

Sentencing purposes

25The purposes for which sentences may be imposed are just punishment, general deterrence, specific deterrence, rehabilitation, denunciation and protection of the community. 

26I take into account the sentencing guidelines referred to in s5 of the Sentencing Act 1991, where relevant in your case.

27Further, I take into account the principles of proportionality, parsimony and totality.  I also take into account that these charges are now somewhat dated and that you are presently on a punitive order that is also focused on enhancing your rehabilitative prospects.    

28There is no dispute between Counsel that the offending warrants an immediate term of imprisonment.  

29Section18ZO(1A) of the Sentencing Act 1991 (Vic) empowers the drug court division of the County Court to hear and determine these charges. These charges were formally transferred on 17 December 2024. If the Drug Court convicts the offender of the offence and imposes a sentence of imprisonment on the offender, does not suspend it, and it does not exceed the length of the remaining sentence of the custodial part of the drug and alcohol treatment order (as calculated in accordance s.18ZE(2)(a) then the Court may order that the sentence is subsumed within the custodial part of the drug and alcohol treatment order.

Sentence

30On the charges, you are convicted and sentenced as follows:

31On Charge 1, being the drive disqualified, you are convicted and sentenced to a term of seven days' imprisonment.

32Charge 4, you are convicted and sentenced to a term of seven days' imprisonment.  I make no orders for cumulation, they are to run concurrently.

33Pursuant to s18ZO(2) of the Sentencing Act I order that the sentence is subsumed within the custodial part of the drug and alcohol treatment order originally imposed on 14 November 2024.

34On Charge 4, as discussed between myself and counsel and as you are fully aware, I have no discretion.  I must interfere and disqualify you from driving for a period of four years, which commences today.  Ms Banks[1], I cannot stress the need to abide by that. 

[1] A pseudonym.