Director of Public Prosecutions v Bennett

[2021] VCC 1347

IN THE COUNTY COURT OF VICTORIA

AT MELBOURNE

CRIMINAL DIVISION

 Revised
Not Restricted
Suitable for Publication

GENERAL LIST

Case No. CR-20-01111
CR-20-01194
Indictment No. C0605068

DIRECTOR OF PUBLIC PROSECUTIONS

v

EVAN JOHN BENNETT

---

JUDGE:	HIS HONOUR JUDGE PARRISH
WHERE HELD:	Melbourne
DATE OF PLEA HEARING:	2 August 2021
DATE OF SENTENCE:	13 and 15 September 2021
CASE MAY BE CITED AS:	Director of Public Prosecutions v Bennett
MEDIUM NEUTRAL CITATION:	[2021] VCC 1347

REASONS FOR SENTENCE
---

Subject:CRIMINAL LAW – Sentence

Catchwords:              Fifty-two charges on indictment, consisting of – eleven charges of burglary – twelve charges of damaging property – twelve charges of theft – six charges of obtaining property by deception – five charges of handling stolen goods – one attempted theft – one aggravated burglary – four charges of possession of a drug of dependence – guilty pleas to all indictable offences – various summary offences uplifted to this Court – some of which are to be withdrawn – sixteen charges – pleas of guilty

Legislation Cited:      Crimes Act 1958, s74(1), s76, s77(1), s81(1), s197(1), s88, s132(1M), s195, s465; Drugs, Poisons and Controlled Substances Act 1981, s71(AC), s73; Bail Act 1997, s30B; Road Safety Act 1986, s30(1); Sentencing Act 1991, s5(3), s6AAA, ss16(1), (1A) and (3C), s27

Cases Cited:Worboyes v R [2021] VSCA 169; Phillips v R [2012] VSCA 140; R v Verdins & Ors (2007) 16 VR 269; Brown v R [2020] VSCA 60; Lizsczak v R [2017] VSCA 313

Sentence:                  Convicted and sentenced to a total effective sentence of three years and two months’ imprisonment with a non-parole period of two years and two months.

Section 6AAA declaration: Conviction and total effective sentence of four years and six months’ imprisonment with a non-parole period of three years and two months.

---

APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr J O’Toole	Solicitor for the Office of Public Prosecutions
For the Offender	Mr J Desmond	Giorgianni & Liang Lawyers

HIS HONOUR:

1Evan John Bennett, on 2 August 2021, you pleaded guilty to the following offences on Indictment No. C0605068:

Charge 1 ꟷ That you, at Hillside in Victoria on 10 June 2019, entered as a trespasser, a building situated at Shop 1, Wattle Valley Drive, with the intent to steal therein.

Charge 2 ꟷ that you, at Hillside in Victoria on 10 June 2019, intentionally and without lawful excuse, damaged phone lines belonging to Hillside Medical Centre.

Charge 3 ꟷ that you, at Hillside in Victoria on 10 June 2019, stole a quantity of medical prescription sheets, pads and stamps belonging to Hillside Medical Centre.

Charge 4 ꟷ that you, at Bendigo in Victoria on 23 June 2019 and 24 June 2019, entered as a trespasser, a building situated at 73 View Street, with the intent to steal therein.

Charge 5 ꟷ that you, at Bendigo in Victoria between 23 June 2019 and 24 June 2019, stole an EFTPOS machine and approximately $400 cash belonging to Get Naked Espresso Bar.

Charge 6 ꟷ that you, at Bendigo in Victoria on 24 June 2019, dishonestly obtained money, namely $1,800 cash belonging to Get Naked Espresso Bar, with the intention of permanently depriving the said Get Naked Espresso Bar of the said $1,800 cash by deception, namely by organising an electronic refund in the sum of $1,800 into your bank account in the name of Taylor Cain Stewart who I shall refer to as “Stewart”.

Charge 7 ꟷ that you, at Axedale in Victoria on 25 June 2019, entered as a trespasser, a building situated at 180 Axedale Road, with intent to steal therein.

Charge 8 ꟷ that you, at Axedale in Victoria on 26 June 2019, intentionally and without lawful excuse, damaged four doors, wiring and a security system, and a window belonging to Hanson Australia Pty Ltd.

Charge 9 ꟷ that you, at Axedale in Victoria on 26 June 2019, stole a safe containing $830 cash and a notebook containing customer details, an unknown number of sets of keys, eight GME TX 6155 two-way handheld radios, a grinder, a Holden Rodeo motor vehicle, registration number WLL 475, two Star fuel cards and a black cash tin belonging to Hanson Australia Pty Ltd.

Charge 10 ꟷ that you, at Eaglehawk in Victoria on 26 June 2019, entered as a trespasser, a building situated at 66 High Street, with intent to steal therein.

Charge 11 – that you, at Eaglehawk in Victoria on 26 June 2019, intentionally and without lawful excuse, damaged a door belonging to High Street Beauty Gallery.

Charge 12 ꟷ that you, at Eaglehawk in Victoria on 26 June 2019, stole a Bendigo Bank EFTPOS machine and an unknown amount of cash belonging to High Street Beauty Gallery.

Charge 13 ꟷ that you, at Bendigo in Victoria on 26 June 2019, dishonestly obtained property, namely $1,800 cash belonging to High Street Beauty Gallery, with the intention of permanently depriving the said High Street Beauty Gallery of the $1,800 cash by deception, namely by authorising an electronic refund in the sum of $1,800 into a bank account in the name of Stewart.

Charge 14 ꟷ that you, at Epsom in Victoria on 29 June 2019, entered as a trespasser, a building situated at 173 Midland Highway with intent to steal therein.

Charge 15 ꟷ that you, at Epsom in Victoria on 29 June 2019, intentionally and without lawful excuse damaged a door belonging to Epsom Milk Bar.

Charge 16 ꟷ that you, at Epsom in Victoria on 29 June 2019, stole $110 cash, a black drawer insert for a cash register, a cigarette cabinet and a quantity of cigarettes, and an EFTPOS machine belong to Epsom Milk Bar. 

Charge 17 ꟷ that you, at Bendigo in Victoria on 29 June 2019, dishonestly obtained property, namely $1,900 cash, belonging to Epsom Milk Bar, with the intention of depriving the said Epsom Milk Bar of the said $1,900 cash by deception, namely by authorising an electronic refund in the sum of $1,900 into a bank account in the name of Stewart.

Charge 18 ꟷ that you, at Axedale in Victoria on 30 June 2019, stole a Toyota Rav4 motor vehicle, registration UVE 624, belonging to William Coulter. 

Charge 19 ꟷ that you, at Axedale in Victoria on 30 June 2019, dishonestly undertook the retention of stolen goods, namely two number plates, IBZ 4ZN, knowing or believing such goods to be stolen.

Charge 20 ꟷ that you, at Axedale in Victoria on 30 June 2019, entered as a trespasser, a building situated at 75 Mitchell Street, with intent to steal therein.

Charge 21 ꟷ that you, at Axedale in Victoria on 30 June 2019, intentionally and without lawful excuse, damaged a chain and an alarm power cable belonging to Axedale Golf Club.

Charge 22 ꟷ that you, at Axedale in Victoria on 30 June 2019, attempted to steal a fuel tank belonging to Axedale Golf Club.

Charge 23 ꟷ that you, at Bendigo in Victoria between 1 July 2019 and 2 July 2019, entered as a trespasser, a building situated at 85 View Street, with intent to steal therein.

Charge 24 ꟷ that you, at Bendigo in Victoria between 1 July 2019 and 2 July 2019, intentionally and without lawful excuse, damaged a door belonging to Llanvair H.R. Art Gallery.

Charge 25 ꟷ that you, at Bendigo in Victoria, between 1 July 2019 and 2 July 2019, stole an EFTPOS machine, two paintings, a number of cards containing customer details and a ledger book belonging to Llanvair H.R. Art Gallery.

Charge 26 ꟷ  that you, at Bendigo in Victoria on or around 2 July 2019, dishonestly obtained property, namely $1,800 cash, belonging to Llanvair H.R. Art Gallery with the intention of permanently depriving the said Llanvair H.R. Art Gallery of the said $1,800 by deception, namely by organising an electronic refund in the sum of $1,800 into a bank account in the name of Stewart.

Charge 27 ꟷ that you, at East Bendigo in Victoria between 4 July and 5 July 2019, entered as a trespasser, a building situated at 31 McDowell’s Road, with intent to steal therein.

Charge 28 ꟷ that you, at East Bendigo in Victoria between 4 July 2019 and 5 July 2019, intentionally and without lawful excuse, damaged a door belonging to National Heating and Cooling Pty Ltd. 

Charge 29 ꟷ that you, at East Bendigo in Victoria between 4 July 2019 and 5 July 2019, intentionally and without lawful excuse, damaged the window of a Toyota Landcruiser motor vehicle, IGE 4HW, belonging to Reece Bradley. 

Charge 30 ꟷ that you, at East Bendigo in Victoria between 4 July 2019 and 5 July 2019, stole the property referred to in Schedule A, belonging to Andrew Grant and National Heating and Cooling Pty Ltd.

Charge 31 ꟷ that you, at Bendigo in Victoria on 5 July 2019, dishonestly obtained property, namely $4,800 cash, belonging to National Heating and Cooling Pty Ltd, with the intention of permanently depriving the said National Heating and Cooling Pty Ltd of the said $4,800 cash by deception, namely by authorising an electronic refund in the sum of $4,800 into a bank account in the name of Stewart.

Charge 32 ꟷ that you, at Bendigo in Victoria on 11 July 2019, entered as a trespasser, a building situated at 194 Barnard Street, with the intent to steal therein, and at the time of entering, the person was then present in the building and you knew that a person was then so present or was reckless as to whether or not a person was there so present.

Charge 33 ꟷ that you, at Bendigo in Victoria on 11 July 2019, intentionally and without lawful excuse, damaged a door belonging to Gary John Gibson.

Charge 34 ꟷ that you, at Craigieburn in Victoria on 18 July 2019, entered as a trespasser a building situated at 120 Hotham Drive, with the intent to steal therein.

Charge 35 ꟷ that you, at Craigieburn in Victoria on 18 July 2019, intentionally and without lawful excuse, damaged a door belonging to the Brotherhood of
St Laurence.

Charge 36 ꟷ that you, at Caroline Springs in Victoria on 19 July 2019, entered as a trespasser a building situated at 58 Lawson Road, with intent to steal therein.

Charge 37 ꟷ that you, at Caroline Springs in Victoria on 19 July 2019, intentionally and without lawful excuse damaged a door and jewellery box belonging to Andrea Jane Ellis.

Charge 38 ꟷ that you, at Caroline Springs in Victoria on 19 July 2019, stole the property referred to in Schedule B, belonging to Andrea Jane Ellis and Ryan Szitarity.

Charge 39 ꟷ that you, at Watergardens in Victoria on 19 July 2019, dishonestly obtained property, namely $2,000 cash, belonging to Crown Currency Exchange, with the intention of permanently depriving Crown Currency Exchange of the said $2,000 cash by deception, namely reporting to be Andrea Jane Ellis.

Charge 40 ꟷ that you, at Clifton Hill in Victoria on 23 July 2019, entered as a trespasser a building situated at 420 Hoddle Street, with intent to steal therein.

Charge 41 ꟷ that you, at Clifton Hill in Victoria on 23 July 2019, stole a set of car keys belonging to DeMar Timber and Hardware.

Charge 42 ꟷ that you, at Clifton Hill in Victoria on 23 July 2019, dishonestly undertook the retention of stolen goods, namely a Commonwealth Bank debit card in the name of Stewart, knowing or believing such goods to be stolen.

Charge 43 ꟷ that you, at Taylors Lakes in Victoria on 25 July 2019, stole a quantity of petrol belonging to Coles Express.

Charge 44 ꟷ that you, at Taylors Lakes in Victoria on 25 July 2019, dishonestly undertook the retention of stolen goods, namely two number plates, knowing or believing such goods to be stolen.

Charge 45 ꟷ that you, at Caroline Springs in Victoria on 26 July 2019, intentionally and without lawful excuse, damaged a letterbox belonging to Andrea Jane Ellis.

Charge 46 ꟷ that you, at East Bendigo and Fawkner in Victoria on 30 July 2019 and 2 August 2019, possessed a drug of dependence, namely 1,4-butanediol.

This is a rolled-up charge.

Charge 47 ꟷ that you, at East Bendigo in Victoria on 30 July 2019, dishonestly undertook the retention of stolen goods, namely the items referred to in Schedule C, knowing or believing such goods to be stolen.

Charge 48 ꟷ that you, at Kyneton in Victoria on 30 July 2019, stole a quantity of petrol belonging to Kupper’s Fuel Stop. 

Charge 49 ꟷ that you, at Fawkner in Victoria on 2 August 2019, possessed a drug of dependence, namely Cannabis-L.

Charge 50 ꟷ that you, at Fawkner in Victoria on 2 August 2019, possessed a drug of dependence, namely methylamphetamine.

Charge 51 ꟷ that you, at Fawkner in Victoria on 2 August 2019, possessed a drug of dependence, namely 3,4-methylenedioxy-N-methylamphetamine.

Charge 52 ꟷ that you, at Fawkner in Victoria on 2 August 2019, dishonestly undertook the retention of stolen goods, namely the property referred to in Schedule D, knowing or believing such goods to be stolen.

2I refer to the various Schedules annexed to the Indictment:

(a)   Schedule A sets out the property subject to the theft offence described in Charge 30:

·      a quantity of coins

·      approximately $17,500 cash

·      Three EFTPOS machines

·      a black cash tin

·      a birth certificate and passport in the name of Andrew Peter Grant

·      a certain number of passports belonging to Andrew Peter Grant’s family

·      a passport in the name of Sarah McLeod

·      a quantity of business documents

·      a pair of black Nike running shoes

·      a quantity of Fujitsu EFTPOS cards

·      a Testos CO² tester

·      a Testos refrigeration tester

·      a Testos air sensor

·      a Bendigo Bank token

·      four sets of keys

·      an Apple iPad.

(b)   Schedule B sets out the property subject to the theft offence described in Charge 38:

·      a purple American Tourister suitcase containing various items of clothing

·      a black pouch

·      a black Police watch

·      a Mimco watch

·      a Marc Jacobs watch

·      a silver Guess watch

·      a black North Face bag

·      a passport in the name of Andrea Jane Ellis

·      a black Mimco handbag

·      a pink purse containing personal cards and documents

·      a clutch purse

·      a heart-shaped pendant

·      silver-coloured cufflinks

·      various other items of jewellery

·      a red laptop computer and carry case

·      a pencil case

·      a quantity of Japanese Yen valued at $2,000

·      a gold-coloured bag containing personal documents

·      a beige baseball cap

·      a Holden car key with a red tag.

(c)   Schedule C sets out all the retained stolen goods relevant to the offence of handling stolen goods set out in Charge 47:

·      assorted hairdressing products

·      a hairdressing trolley

·      a hairdressing mirror

·      a Michel Herbelin watch

·      a Guess watch with brown band

·      a Seiko Quartz SX watch with brown band

·      a Seiko Chronograph automatic watch

·      a Raymond Weill watch

·      a Casio Beside watch

·      an Adina watch

·      a silver-coloured Tiffany & Co ring and pouch

·      a gold-coloured necklace

·      a blue zip bag containing five pouches

·      a DKNY watch

·      a white Lorus watch

·      an Elite watch

·      a wooden box containing a ring

·      a black case containing a pearl-like necklace and set of earrings

·      a metal tin containing a pearl-like necklace, a bracelet and a helmet hook

·      a black case containing a pearl-like necklace

·      a Lorus watch with brown band

·      a brown box containing two rose gold necklaces and a bracelet

·      a gold-and-silver-coloured Seiko watch

·      a box containing five Union Insurance coasters

·      a box containing eight gold-coloured and glass coasters

·      a black box containing a silver-coloured elephant

·      a maroon-coloured jewellery box

·      a Mimco necklace and black pouch

·      a set of silver-coloured cufflinks

·      a box containing four bracelets, a necklace and three sets of earrings

·      a set of Couture Collection gold-coloured earrings

·      a brass-coloured ring

·      a ring set with clear stones

·      a gold-coloured braided patterned ring

·      a white-coloured bag containing blue-coloured beads

·a white-coloured pouch containing five pearl-like necklaces and two pearl-like bracelets

·      a silver-coloured box containing a red necklace

·      an Olga Berg clutch purse

·      a Michael Kors black handbag

·      a black satchel

·      a black Wayne Cooper handbag

·      an Hitachi cordless 12-volt drill

·      a blue-coloured power drill

·      a silver-coloured Unicorn watch

·      a gold-coloured watch and black case

·      a set of gold-coloured earrings

·      a set of silver-coloured earrings

·      an HTC mobile phone – model OPJA100

·      three US$1 notes

·      a 50,000 pesos note

·      a 10 pound note

·      a brown-coloured jewellery box

·      a silver-coloured ring with stone missing

·      two black/silver rings set with clear stones

·      a silver-coloured square-shaped ring

·      two silver-coloured rings

·      a set of silver-coloured earrings

·      a green leaf-shaped brooch

·      a set of silver-coloured earrings with pink stones

·      one gold-coloured earring

·      one silver/pink earring

·      one silver-coloured heart-shaped pendant

·      one gold-coloured earring with clear stone and pearl-like stone

·      one gold-coloured diamond shaped earring

·      a set of silver-coloured earrings with black stone

·      a gold-coloured square-shaped earring

·      a silver-coloured earring with a clear stone

·      a pearl-like sphere

·      two Uniden UHF transceivers and a recharger

·      a black briefcase containing documents in the name of Graham Butcher

·      a passport in the name of Stephen James Mills

·      a Commonwealth Bank of Australia card in the name of Chiara Mills

·      a Bendigo Bank card in the name of Rhys Eastman

·      a Victorian driver’s licence in the name of Rhys Eastman

·a black box containing personal documents in the name of Graham Butcher

·      a quantity of EFTPOS machine user manuals

·      a silver-coloured Melody watch

·      an Actronair control

·      a head torch

·      a Kincrome distance measurer

·      a black purse containing a brown/blue necklace

·      a black leather Pandora bracelet with charm

·      a red-coloured handbag containing personal items of Bruna Mills

·      a Tiffany & Co necklace with heart-shaped pendant and pouch

·      a K2 silver-coloured watch

·      an Emporio Armani silver-coloured watch

·      a Rip Curl black and silver-coloured watch

·      a JAG black-and-silver-coloured watch

·      a Fossil black-and-silver-coloured watch

·      a pink coloured Guess bag

·      a white-coloured Ooh La La purse

·      a black-coloured Mimco purse

·      a white Versace case

·      a brown leather Calibre purse

·      a Guess box and leather wallet

·      a black-and-silver-coloured clutch purse

·      a black-coloured Fossil wallet

·      a black-coloured Jag wallet

·      a DB black-coloured wallet

·      two black-coloured men’s wallets

·      a black-coloured passport wallet

·      a black-coloured clutch purse

·      a black-coloured zip-clutch purse

·      a floral pattern coin purse

·      a black-coloured zip purse

·      a black-coloured coin purse

·      a red-coloured coin purse

·      a black-coloured Diamanté clutch purse

·      a beaded, white-coloured clutch purse

·      a beaded, pink-coloured clutch purse

·      Ugly Fish black-coloured sunglasses and a sunglass case

·      a Mimco mobile phone case

·      a pair of sunglasses and a pouch

·      a Rip Curl belt

·      a Tiffany & Co pouch

·      a Sue Sensi pouch

·      seven bags of foreign coins

·      ninety-four coins of various denominations in US currency

·      a box containing a set of silver-coloured earrings

·      a Pandora box containing a set of earrings

·      a Geoff Banks box containing a tie clip

·      an Abbott Lyon box and a gold-coloured watch

·      a Pandora box containing silver-coloured bracelet and a charm

·      a black-coloured Mimco purse

·      a black box containing watch links

·      a ceramic jar

·      a Vantrue dash camera

·      a Bendigo Bank card in the name of Bruna Mills

·      assorted costume jewellery

·      a Bendigo Bank EFTPOS manual

·a Quicksilver black-coloured wallet containing personal cards of Rhys Eastman

·      assorted costume jewellery

·      a wooden box containing six bone-handled knives and forks

·      two GoPro accessory items

·      a black cash tin containing five keys

·      a black box containing coasters

·      a grey basket containing assorted hairdressing products

·      a Milka purple tin containing a quantity of foreign currency

·      a motor vehicle logbook in the name of Bendigo Tech Services

·      a Tiffany & Co silver necklace with heart-shaped pendant

·      two pearl-like necklaces

·      a gold-coloured Chisel watch

·      a GoPro Hero camera

·      two ceramic containers

·      a Ray-Ban sunglasses case containing Ray-Ban sunglasses

·      a portable jump starter and cables in a neoprene case

·      a black Geelong toolbox containing various hand tools

·      three hairdressing chairs

·      one hairdresser stool

·      a hairdressing stool

·      an orange-coloured Revolution air compressor

·      a white-coloured specialised road bicycle

·      a black tub containing assorted hand tools

·      a ProLift hydraulic trolley jack

·      a Spear & Jackson air sander

·      a spray gun

·      an Xceed heat gun

·      an hydraulic jack

·      a ProLift bag containing a hydraulic jack

·      a red screwdriver set and Super Craft set

·      a motor vehicle oil filter and a bag containing various motor vehicle parts

·      five Fijian war clubs

·      a silver-coloured Citizen watch

·      a black box containing a set of pearl-like earrings

(d)   Schedule D, sets out all the retained stolen goods relevant to the offence of handling stolen goods set out in Charge 52:

·      a gold-coloured Citizen watch

·      a Star fuel card in the name of Bendigo Tech Services

·      four sets of motor vehicle keys on key rings

·      a Subaru motor vehicle key

·      a Renault motor vehicle key

·      a remote with orange buttons

·      Victorian driver’s licence in the name of Paige Parry.

3Such Indictment contains the following charges:

(a)   Eleven charges of burglary (Charges 1, 4, 7, 10, 14, 20, 23, 27, 34, 36 and 40);

(b)   twelve charges of damaging property (Charges 2, 8, 11, 15, 21, 24, 28, 29, 33, 35, 37 and 45);

(c)   twelve charges of theft (Charges 3, 5, 9, 12, 16, 18, 25, 30, 38, 41, 43 and 48);

(d)   six charges of obtaining property by deception (Charges 6, 13, 17, 26, 31 and 39);

(e)   five charges of handling stolen goods (Charges 19, 42, 44, 47 and 52);

(f)    one charge of attempted theft (Charge 22);

(g)   one charge of aggravated burglary (Charge 32); and

(h)   four charges of possession of a drug of dependence (Charges 46, 49, 50 and 51).

4The maximum penalty for the offences are set out in the table below:

No.	Charge	Maximum Penalty
1, 4, 7, 10, 14, 20, 23, 27, 34, 36 and 40	Burglary	10 years’ imprisonment
2, 8, 11, 15, 21, 24, 28, 29, 33, 35, 37 and 45	Damaging property	10 years’ imprisonment
3, 5, 9, 12, 16, 18, 25, 30, 38, 41, 43 and 48	Theft	10 years’ imprisonment
6, 13, 17, 26, 31 and 39	Obtain property by deception	10 years’ imprisonment
19, 42, 44, 47 and 52	Handling stolen goods	15 years’ imprisonment
22	Attempted theft	5 years’ imprisonment
32	Aggravated burglary	25 years’ imprisonment
49	Possession of a drug of dependence, namely, Cannabis-L:	5 penalty units (Cannabis-L)
46, 50 and 51	Possession of a drug of dependence, namely, 1,4-butanediol, methylamphetamine and 3,4-methylenedioxy-N-methylamphetamine	1 year imprisonment or 30 penalty units

5On 2 August 2020, you also agreed to have various summary offences heard by this Court and pleaded guilty to the following:

(a)   Charge 9 – that you, at Axedale in Victoria on 26 June 2019, did drive a motor vehicle on a highway, namely Axedale Quarry Road, during a period of disqualification from obtaining an authorisation to drive a motor vehicle;

(b)   Charge 22 – that you, at Fawkner in Victoria on 2 August 2019, did commit an indictable offence – possess a drug of dependence, namely 1,4-Butanediol, whilst on bail;

(c)   Charge 83 (in its amended form) – that you, at Caroline Springs in Victoria on 26 July 2019, did drive a motor vehicle on a highway, namely Lawson Way, during a period of disqualification from being authorised to drive a motor vehicle;

(d)   Charge 84 – that you, at Caroline Springs in Victoria on 28 July 2019, did commit an indictable offence – criminal damage whilst on bail;

(e)   Charge 85 (as amended) – that you, at East Bendigo in Victoria on 29 July 2019, did drive a motor vehicle on a highway – namely Piper Road – during a period of disqualification from being authorised to drive a motor vehicle;

(f)    Charge 98 – that you, at East Bendigo in Victoria on 30 July 2019, did deal with property, namely Makita power tools suspected of being the proceeds of crime;

(g)   Charge 100 – that you, at East Bendigo in Victoria on 30 July 2019, did commit an indictable offence, possessing 1,4 Butanediol whilst on bail;

(h)   Charge 101 – that you, at East Bendigo in Victoria on 30 July 2019, did commit an indictable offence, handling stolen goods belonging to Rhys Eastman whilst on bail;

(i)    Charge 111 – that you, at Kyneton in Victoria on 30 July 2019, did commit an indictable offence, namely theft, whilst on bail;

(j)    Charge 118 – that you, at Fawkner in Victoria on 2 August 2019, did deal with property, namely Victorian driver’s licences in the name Antoine Sawares and Luke Saldanha, two scouting cameras and a camouflage night-vision recorder;

(k)   Charge 123 – that you, at Fawkner in Victoria on 2 August 2019, did commit an indictable offence – possessing cannabis whilst on bail;

(l)    Charge 124 – that you, at Fawkner in Victoria on 2 August 2019, did commit an indictable offence of handling stolen goods belonging to National Heating and Cooling whilst on bail;

(m)     Charge 128 – that you, at Fawkner in Victoria on 2 August 2019, did commit an indictable offence of possessing methylamphetamine whilst on bail;

(n)   Charge 133 – that you, at Taylors Lakes in Victoria on 29 July 2019, did drive a vehicle on a highway, namely Melton Highway, Taylors Lakes, during a period of disqualification from obtaining an authorisation to drive a motor vehicle;

(o)   Charge 136 – that you, at Taylors Lakes in Victoria on 25 July 2019, did commit an indictable offence, namely theft, whilst on bail;

(p)   Charge 137 – that you, at Taylors Lakes in Victoria on 25 July 2019, did commit an indictable offence, namely handling stolen goods whilst on bail.

6There are four charges of driving whilst disqualified, ten charges of committing an indictable offence whilst on bail and two charges dealing with property suspected of being proceeds of crime.

7The maximum penalty for the uplifted summary charges are set out in the table below:

Related Summary Charges

No	Charge	Maximum Penalty
9, 83, 85 and 133	Drive whilst disqualified	2 years’ imprisonment or 240 penalty points
22, 84, 100, 101, 111, 123, 124, 128, 136 and 137	Commit indictable offence whilst on bail	3 months’ imprisonment or 30 penalty points
98 and 118	Deal with property suspected of being proceeds of crime	2 years’ imprisonment

8Of those charges which were transferred pursuant to s145 of the Criminal Procedure Act 2009, the following charges are to be withdrawn: Charges 3, 8, 14, 17, 29, 33, 36, 40, 49, 54, 59, 63, 67, 71, 75, 79, 82, 102, 106, 107, 108, 109, 119, 120, 121, 122, 125, 126, 127 and 132. Furthermore, Charge 99 is to be struck out, as it is a summary charge, and the offender was erroneously committed to trial on this charge.

Circumstances of the offending

9During the plea hearing on 2 August 2021, counsel for the prosecution tendered a document headed “Summary of Prosecution Opening for Plea” (exhibit 1).  I was informed by your counsel that you agree with the contents of that document.

10You are now thirty-two years of age, having been born in January 1989.  At the time of the subject offending you were thirty years of age.

11In the Prosecution Opening, counsel for the prosecution has sensibly grouped various charges to various incidents.  I will adopt a similar approach.

12Counsel for the prosecution does note that you committed a number of the offences in company with your de facto partner, Kate Parry (“Parry”), with whom you were living out of motel rooms during the period of offending.

13Generally, counsel for the prosecution notes that over the period between 10 June 2019 and your arrest on 2 August 2019 – a period of approximately seven weeks – you committed a series of burglaries across numerous residential and commercial properties, including one aggravated burglary where you would steal items of value.  Often those items would include a particular company’s EFTPOS machine, whereby you and Parry would later refund the money from the company (through the EFTPOS machine) onto a bankcard controlled by you and Parry.  You and Parry also stored a large amount of stolen property at a storage facility utilised by you and Parry.

I refer to the following offending.

Offending ꟷ Incident One

·        On 10 June 2019, you and Parry attended the Hillside Medical Centre, which forms part of a small shopping complex on Wattle Valley Drive, Hillside.

·        At approximately 3.40am, you and Parry gained access to the medical centre via a skylight on the roof (Charge 1 – burglary).  You and Parry then climbed into the building where you have found, and cut, the telephone lines, disabling the alarm system (Charge 2 ꟷ damaging property).

·        You and Parry started to check cupboards inside the medical centre, where you located a large box full of blank prescription pads and then attended the reception area, where you found stamps belonging to the medical centre.

·        You and Parry then moved a fridge underneath the skylight, climbing back up through the skylight, exiting the medical centre with the stolen prescription pads and stamps, before leaving the area (Charge 3 – theft).

·        CCTV footage obtained from the shopping complex by Victorian Police identifies you and Parry walking into the shopping complex at 3.08am, wearing dark clothing, before committing the burglary.

·        On 11 June 2019, Helen Owzcarek attended the medical centre, where she then reported to Victoria Police that the medical centre had been burgled.

Offending – Incident two

·        Between 17 and 18 June 2019, unknown offenders committed a burglary at Rebuilt Construction, located at 2 Waterson Court, Golden Square.

·        During the robbery, the following property was stolen:

§a Guess watch

§a Chisel watch

§a Casio watch

§a Bendigo Bank card in the name of Rhys Eastman

§a Victorian driver’s licence in the name of Rhys Eastman

§a Quicksilver wallet containing other personal cards of Rhys Eastman

§a GoPro camera

§two GroPro accessory items

§a portable jump starter and cables

§five Fijian wooden war clubs.

·        A search of the storage unit located at Piper Road Storage in East Bendigo (“the storage unit”) utilised by you and Parry on 30 July 2019 was undertaken, where the above items were located (Charge 47 – handling stolen goods).

Offending – Incident three

·        Between 23 and 24 June 2019, you attended at Get Naked Espresso, located in View Street, Bendigo.  On arrival, you managed to jemmy open a timber window and enter the premises (Charge 4 – burglary).

·        Once inside, you attended the front counter where you located the till, and then stole approximately $400 in cash and the business’s EFTPOS machine before leaving the premises (Charge 5 – theft).

·        On 24 June 2019, one Jesse Gollan, an employee of Get Naked Espresso, attended work and observed that the business had been burgled, and contacted police.

·        After the burglary, you and Parry used the stolen EFTPOS machine to refund $1,800 belonging to Get Naked Espresso onto a bankcard controlled by Parry (Charge 6 – obtaining property by deception).

Offending – Incident four

·        On 26 June 2019, you attended the Axedale Quarry, located on Axedale-Quarry Road, Axedale, operated by Hanson Construction.  At approximately 2.00am you gained access to the premises (Charge 7 – burglary).

·        Once inside, you then proceeded to the lunchroom, where you forced entry through an external door, causing damage to the door and lock (Charge 8 – damaging property).  Once inside the lunchroom, you then attempted to break into the vending machine by hitting the deadbolt several times with a crowbar.

·        You then left the lunchroom and proceeded to the boardroom, where you forced the external door, and once inside, forced open an internal door to an area where spare keys and GME TX6155 two-way radios were stored.  You stole the keys and eight radios from the boardroom (Charge 9 – theft).

·        You then proceeded to the weighbridge office, where you used a crowbar to smash the office window before entering (Charge 8 – damaging property).

·        Once inside the weighbridge office, you pulled out all the network cables linked to the Quarry and ripped a security alarm off the wall (Charge 8 – damaging property). 

·        You then stole keys for machinery located at the Quarry (Charge 9 – theft) and then damaged the internal door of the weighbridge office (Charge 8 – damaging property).

·        You then proceeded behind the boardroom area, where you utilised stolen keys to access a 2008 Holden Rodeo, bearing registration WLL 475 (“the Holden Rodeo”).  You have then driven the Holden Rodeo to the front of the weighbridge office, where you parked, and returned to the weighbridge office.

·        You were observed on CCTV a short time later to be carrying a cash tin, which contained approximately $830 in cash, and fuel cards, from the weighbridge into the Holden Rodeo, before driving towards the main gate (Charge 9 – theft).

·        You exited the Holden Rodeo and retrieved a Milwaukee angle grinder from a toolbox and used the grinder to cut the chain on the main gate, before stealing the angle grinder and driving away in the stolen Holden Rodeo at approximately 3.15am (Charge 9 – theft).

·        At the time of driving you were disqualified from driving (Summary Charge 9 – driving whilst disqualified).

Offending – Incident five

·        on 26 June 2019 at approximately 4.10am, in the Holden Rodeo stolen from the Axedale Quarry, you attended the High Street Beauty Gallery, located on High Street, Eaglehawk.  You exited the passenger seat of the Holden Rodeo and smashed the glass front door to the gallery using an unknown item (Charge 11 – damaging property).  You then entered the gallery through the smashed front door (Charge 10 – burglary).

·        You then proceeded to the reception desk in the middle of the gallery, where you stole an EFTPOS machine and approximately $22 in coins from the drawer (Charge 12 – theft).

·        After the burglary, you and Parry used the stolen EFTPOS machine to refund $1,800 belonging to the gallery onto a bankcard controlled by Parry (Charge 13, obtaining property by deception).

Offending – Incident six

·        On 29 June 2019 at approximately 2.30am, you attended the Epsom Milk Bar located on the Midland Highway, Epsom.  Once at the milk bar, you used a crowbar to jemmy open the front door to the business, damaging the door (Charge 15 – damaging property).  You then entered the milk bar through the damaged door (Charge 14 – burglary). 

·        You then proceeded to the service area of the milk bar and removed the cash drawer insert from the till, stealing it and approximately $110 cash, together with an EFTPOS machine and a cigarette cabinet containing a quantity of cigarettes (Charge 16 – theft).

·        After the burglary, you and Parry used the stolen EFTPOS machine to refund $1,900 belonging to the milk bar into a bankcard controlled by Parry (Charge 17 – obtaining property by deception).

Offending – incident seven

·        On 30 June 2019, at approximately 7.00pm, you and an unknown co-offender attended the Axedale Golf Course located on Mitchell Street, Axedale, in a silver-coloured Toyota Rav4 bearing registration 1BZ 4ZN (“the Toyota Rav4”).

·        Once at the golf course, you existed the Toyota Rav4, removed a crowbar, and proceeded to a nearby security light, hitting it in an attempt to hinder CCTV footage being captured.  You then proceeded to the maintenance shed, where you used an angle grinder to cut the chain that was securing the shed door (Charge 21 – damaging property).

·        Once you cut the chain, you entered the shed (Charge 20 – burglary) and used the grinder to cut power cords connected to a security alarm (Charge 21 – damaging property).

·        You then attempted to steal a fuel truck belonging to the golf course by tampering with the lock (Charge 22 – attempted theft).  However, the Toyota Rav4 drove up to the maintenance shed and the unknown male exited the Toyota Rav4, before quickly re-entering the vehicle with you before leaving the golf course. 

·        The Toyota Rav4 being utilised by you was stolen between 25 and 26 June 2019 during the course of an aggravated burglary (you are not alleged to have been involved in this), belonging to William Coulter of a Bendigo address (Charge 18 – theft).

·        

Enquiries conducted regarding the registration plates of the Toyota Rav4 revealed that they were stolen from a Kilcunda address between 29 and

30 June 2019 (Charge 19 – handling stolen goods).

Offending – Incident eight

·        Between 1 and 2 July 2019, you attended Llanvair H.R. Gallery, located on View Street, Bendigo.  Once at the gallery, you jemmied open the front wooden door to gain access, causing damage to the door and frame (Charge 24 ꟷ damaging property).

·        You then entered the gallery (Charge 23 – burglary) and stole the gallery’s EFTPOS machine, customer detail cards and customer ledger book, together with two paintings of the Coliban River (one which was located on an easel and the other which was hung on the wall of the gallery) (Charge 25 – theft).

·        After the burglary, you and Parry used the stolen EFTPOS machine to refund $1,800 belonging to the gallery onto a bankcard controlled by Parry (Charge 26, obtaining property by deception).

·        Due to the ongoing thefts of EFTPOS machines and refunded transactions connected with burglaries in the Bendigo area, police conducted enquiries with Bendigo Bank, who confirmed that after the burglaries at the Get Naked Espresso, High Street Beauty Gallery, the Epsom Milk Bar and Llanvair H.R. Gallery, each had a refunded transaction from their respective EFTPOS machines to the same Commonwealth Bank of Australia bankcard.  The Commonwealth Bank of Australia card number initially belonged to Stewart.  Enquiries revealed that Stewart was in custody at the time of the offending – and thus not a suspect in any of the offending.  Further enquiries revealed that he had previously been in a relationship with Parry, your primary co-offender.

Offending – Incident nine

·        On 4 July 2019, an unknown offender committed a burglary at a residential address located at 8 Doak Street, East Bendigo.  During the burglary, the following property was stolen:

§a white-coloured specialised road bicycle

§a Michel Herbelin watch

§a Raymond Weil watch

§an Adina watch

§a blue zip-bag containing five pouches

§a DKNY watch

§a Lorus watch

§an Elite watch

§a black case containing a pearl-like necklace and a set of earrings

§a second black case containing a pearl-like necklace

§two boxes of coasters

§a suitcase with clothes

§a black satchel

§various other items of jewellery and collectables.

·        A search of the storage unit utilised by you and Parry on 30 July 2019 was undertaken, where the above items were located (Charge 47 – handling stolen goods).

Offending – Incident Ten

·        On 5 July 2019, at approximately 12.15am, you and Parry have attended at National Heating and Cooling on McDowalls Road, East Bendigo.  Parry drove you to the premises in a white utility bearing the words “Handy Hire” on the doors of the vehicle.

·        Parry parked the vehicle between the business and a second vehicle, at which time you have exited the vehicle and proceeded to the front door of the premises.

·        Parry then left the premises and was involved in a police pursuit whilst you committed a burglary.  At the premises, you smashed the driver’s side window to a Toyota Landcruiser (Charge 29 – damaging property), before you started searching through the vehicle.

·        After searching through the vehicle, you proceeded to the front door of the business, where you jemmied the door open, causing damage to the door and frame (Charge 28 – damaging property).  You then entered the premises through the damaged door (Charge 27 – burglary).

·        Once inside the premises, you stole the following:

§a quantity of coins

§approximately $17,500.00 in cash

§three EFTPOS machines

§a black cash tin

§a birth certificate and passport in the name of Andrew Peter Grant

§a number of passports belonging to Andrew Peter Grant’s family

§a passport in the name of Sarah McLeod

§a quantity of business documents

§a pair of black Nike running shoes

§a quantity of Fujitsu EFTPOS cards

§a Testos CO2 tester

§a Testos refrigeration tester

§a Testos air sensor

§a Bendigo Bank token

§four sets of keys

§an Apple iPad.

·        You then left the property, stealing the above items (Charge 30 – theft).

·        After the burglary, you and Parry used one of the stolen EFTPPOS machines to refund $4,800 belonging to National Heating and Cooling into Stewart’s bankcard (Charge 31 – obtaining property by deception).

Offending – Incident eleven

·        On 8 July 2019, unknown offenders committed a burglary at a residential property located at 4 Mill Street, Strathdale.  During the burglary, the following property was taken:

§numerous items of expensive jewellery, including vintage pearl necklaces, earrings, watches and other necklaces

§a mobile phone

§a Furla purse

§foreign currency.

·        A search of the storage unit utilised by you and Parry on 30 July 2019 was undertaken, where the above items were located (Charge 47 – handling stolen goods).

Offending – Incident twelve

·        Between 17 and 18 June 2019, unknown offenders committed burglaries at Loaded Pizza Café and Kreative Essence Hairdressing located in a small business area at 10 Condon Street, Kennington.

·        Various personal papers in the name of Graham Butcher, as well as power drills, an air compressor, a box containing various hand tools, binoculars, three hydraulic jacks, a Spear & Jackson air sander, a large Geelong toolbox containing tools and an oil filter, along with various car parts, were stolen from Loaded Pizza Café.

·        A hairdressing tray, a receipt book, hairdressing chairs and a stool, a basket containing hairdressing products and a hairdressing mirror, were stolen from Kreative Essence Hairdressing.

·        A search of the storage unit utilised by you and Parry on 30 July 2019 was undertaken, where the above items were located (I again refer to Charge 47, handling stolen goods).

Offending – Incident Thirteen

·        On 11 July 2019, at approximately 2.40am, you and Parry attended the Oval Motel located on Barnard Street, Bendigo.  You and Parry were travelling in a rental vehicle rented by Parry, but paid for by you, on 5 July 2019.

·        You exited the vehicle holding an orange-and-black jemmy bar, which you used to force the door of the motel open, causing damage to the door (Charge 33 – damaging property).  You then entered the reception/resident area through the damaged door (Charge 32 – aggravated burglary).  You entered the reception area, moving past the counter, when you were met by Gary Gibson (“Gibson”), the motel owner, who was awoken by the sound of the door being jemmied open.  You then fled back through the reception foyer and back down Barnard Street, where you met with Parry.

Offending – Incident fourteen

·        On 11 July 2019, unknown offenders committed a burglary at a residential property located at 112 O’Briens Lane, Longlea, where the following property was stolen:

§a jewellery box containing male and female jewellery

§numerous other items of jewellery

§a passport

§sunglasses

§a dashboard camera

§a logbook to a vehicle also stolen during the burglary.

·        A search of the storage unit utilised by you and Parry, on 30 July 2019, was undertaken, where the above items were located (save for the stolen vehicle).  (Charge 47 – handling stolen goods).

Offending – Incident Fifteen

·        On 18 July 2019, you and Parry attended the Hothlyn Community Services Hub, located on Hothlyn Drive, Craigieburn.  You exited a vehicle and then proceeded to the rear gate of the property, cutting a hole in the gate and gaining access to the rear yard.  You then proceeded to a rear sliding door, which was forced open using the same jemmy bar used during the aggravated burglary at the Oval Motel, causing damage to the doorframe (Charge 35 – damaging property).

·        You entered the Hub (Charge 34 – burglary) where, shortly after entering, an employee of the Hub, Melek Caliskan (“Caliskan”) sighted you, causing you to flee the Hub, walking past Caliskan towards the Craigieburn Secondary College.

Offending – Incident Sixteen

·        On 19 July 2019, at approximately 2.35pm, you and Parry attended 58 Lawson Way, Caroline Springs, which is a residential property belonging to Andrea Ellis (“Ellis”) and Ryan Szitarity (“Szitarity”).

·        You gained access to the backyard, where you attempted to gain access to the property via a rear sliding door, causing damage to the door after attempting to jemmy it open (Charge 37 – damaging property).

·        After unsuccessfully opening the rear sliding door, you proceed to the rear garage door of the property, where you kicked it open, causing it to crack (Charge 37 – damaging property).

·        You then entered the property (Charge 36 – burglary), where you stole the following items from various areas throughout the house:

§a purple American Tourister suitcase containing various items of clothing

§a black pouch

§a black Police watch

§a Mimco watch

§a Marc Jacobs watch

§a silver Guess watch

§a black North Face bag

§a passport in the name of Ellis

§a black Mimco handbag

§a pink purse containing personal cards and documents

§a clutch purse

§a heart-shaped pendant.

§silver-coloured cufflinks.

§various other items of jewellery.

§a red laptop computer and carry case

§a pencil case

§a quantity of Japanese Yen valued at $2,000.00 Australian dollars

§a gold-coloured bag containing personal documents

§a beige baseball cap

§a Holden car key with a red tag.

(Charge 38 – theft)

·        You then damaged a jewellery box belonging to Ellis (Charge 37 – damaging property), before leaving the residence via the rear sliding door that you had earlier attempted to jemmy open.

·        At approximately 5.15pm, you and Parry attended Crown Currency Exchange, Watergardens, where Parry used Ellis’s identification to exchange the Yen to approximately $2,000 Australian dollars (Charge 39 – obtaining property by deception (complicit)).

Offending – Incident seventeen

·        

On 23 July 2019 at approximately 4.35am, you and Parry attended

De Mar Timber and Hardware (“De Mar”), based or located in Clifton Hill.

·        You gained access to the hardware store via the front door while Parry parked the vehicle outside the store (Charge 40 – burglary).  Once inside, you stole a set of car keys belonging to De Mar (Charge 41 – theft).

·        A security alarm was activated which triggered a police response, and shortly after police arrived at the hardware store, where they located and arrested you as you attempted to flee.

·        You were conveyed to the Richmond Police Station, and searched, and the following property was found:

§an orange-and-black-handled jemmy bar

§a pair of two-way radios

§a pair of black gloves

§a black balaclava

§a knife

§a Commonwealth Bank of Australia card in the name of Stewart.

(Charge 42 – handling stolen goods)

·        You were released on bail by the Richmond Police Station to appear at the Melbourne Magistrates’ Court on 31 October 2019.

Offending – Incident Eighteen

·        On 25 July 2019, at approximately 2.40pm, you attended the Coles Express Petrol Station located at 410 Melton Highway, Taylors Lakes.  You were driving a vehicle bearing stolen registration plates XLD 428 (Charge 44 – handling stolen goods).  You were on bail at the time (Summary Charge 173 – commit indictable offence whilst on bail).

·        At the time of driving you were disqualified from driving (Summary Charge 133 – drive whilst disqualified).

Offending – Incident Nineteen

·        On 26 July 2019, at approximately 1.25pm, you and Parry re-attended Ellis’ property at Lawson Way, Caroline Springs.  Parry exited the vehicle and approached Ellis’ letterbox, where she jemmied it open, causing damage to the letterbox (Charge 45 – damaging property (complicit)).

·        You were on bail at that time – (Summary Charge 84 – commit indictable offence whilst on bail).

·        Parry re-entered the vehicle driven by you.  At the time of driving you were disqualified from driving (Summary Charge 83 – driving whilst disqualified).

Location of stolen property

·        On 29 July 2019, at approximately 5.00am, you and Parry have attended the storage unit which was rented under “Parry” – but under the name of her sister, Paige Parry – and Stewart’s name.  You and Parry re-attended the storage unit at two later times on the same day.  You were observed driving a Hyundai Accent at the time of driving, at which time you were disqualified (Summary Charge 85 – driving whilst disqualified).

· Throughout the day, the owner of the storage units, Jason Sharp (“Sharp”) became suspicious of you and Parry and contacted police. At 9.50am on 30 July 2019, police members attended the storage unit, where Sharp informed them of his observations. Sharp then took police members to the storage unit utilised by you and Parry and permitted them to conduct a visual inspection, where police observed suspected stolen property. The police members left the storage facility and later returned at 1.35pm in possession of a search warrant authorised by a magistrate pursuant to s465 of the Crimes Act 1958. Upon searching the storage unit, police located the following:

§The stolen box containing blank prescription pads from the Hillside Medical Clinic.

§A bankcard and driver’s licence in the name of Rhys Eastman, watches, a GoPro and Fijian war clubs from the burglary at Rebuilt Construction.

§Two Star fuel cards belonging to Hanson Construction with the registration WLL 475, nine zip-lock bags containing keys belonging to the Axedale Quarry, and a black cash tin containing keys from the burglary at the Axedale Quarry.

§The two stolen paintings from the burglary at Llanvair H.R. Gallery.

§Various watches, jewellery, coasters, a black satchel and a specialised white road bike from the burglary at Doak Street, East Bendigo.

§Personal paperwork in the name of Andrew Grant and National Heating and Cooling, personal property belonging to Grant, keys belonging to Hilux and Mazda vehicles owned by Grant, an iPad, bag and passport belonging to Sarah McLeod, and black Nike runners from the burglary at National Heating and Cooling.

§An Old HTC phone, various jewellery items, a wooden box, an Olga Berg bag, purses, watches and a tin containing foreign currency from the burglary at Mill Street, Strathdale;

§Power drills, personal documents in the name of Graham Butcher (“Butcher”), an air compressor, a box containing various hand tools, binoculars, three hydraulic jacks, a Spear & Jackson air sander, a large long toolbox containing Butcher’s tools and an oil filter, along with various car parts stolen during a burglary at Loaded Pizza between 9 and 10 July 2019.

§A hairdressing tray, a receipt book, hairdressing chairs and a stool, a basket containing hairdressing products and a hairdressing mirror stolen during a burglary at Kreative Essence Hairdressing between 9 and 10 July 2019.

§A passport in the name of Stephen Mills, various jewellery items, various watches, purses, bags and wallets belonging to Bruna Mills, a dash camera, the logbook for the stolen Subaru WRX, a bankcard in the name Bruna Mills, seven bags of foreign currency and three American bank notes, Ray-Ban sunglasses and two ceramic jars stolen during the burglary at O’Briens Lane, Longlea.

§A black North Face bag, two watches and a purple suitcase stolen during the burglary at Lawson Way, Caroline Springs.

·        Collectively, possession of the stolen property is a rolled-up charge of handling stolen goods (Charge 47 ꟷ handling stolen goods).  At the time, you were on bail (Summary Charge 101 – commit indictable offence whilst on bail).

·        Various Makita-branded power tools were also located (Summary Charge 98 – deal with property suspected of being proceeds of crime).

·        Police also located a small quantity of clear liquid believed to be 1,4-butanediol (Charge 46 – possession of a drug of dependence (1,4-butanediol)).  You were on bail at the time (Summary Offence 100 – commit indictable offence whilst on bail).

·        All seized property was transported to the Bendigo Police Station and secured.

Offending ꟷ incident twenty

·        On 30 July 2019, at approximately 3.07pm, you and Parry attended the Kuppers Service Station located on Burton Avenue, Kyneton.

·        You filled the vehicle (a Hyundai Accent bearing registration 1KQ 7HZ) with $53.88 of unleaded petrol, before re-entering the vehicle and Parry driving away, making no attempt to pay for the fuel (Charge 48 – theft).  You were on bail at the time (Summary Charge 111 – commit indictable offence whilst on bail).

Arrest and further offending ꟷ Incident Twenty-One

·        On 2 August 2019 at 9.30am, police attended the Ibis Motel, located at 1401 Sydney Road, Fawkner, where they observed the Hyundai Accent described above, parked at the motel.  Enquiries revealed that you and Parry were residing in Room 331 at the motel.

·        Police attended Room 331, where they located and arrested you, Parry, Amanda Couch and Hassan Kanjou.

·        The motel room was searched with consent of the owners, where the following was located:

§A small quantity of a green vegetable matter, suspected to be Cannabis (Charge 49 ꟷ possession of a drug of dependence (Cannabis L); Summary Charge 123 – commit indictable offence whilst on bail).

§A small quantity of a crystal substance, believed to be methylamphetamine (Charge 50 ꟷ possession of a drug of dependence (methylamphetamine); Summary Charge 128 ꟷ commit indictable offence whilst on bail);

§A small quantity of tablets believed to be MDMA (Charge 51 ꟷ possession of a drug of dependence (3,4-methylenedioxy-N-methylamphetamine));

§Personal property belonging to you.

§Various power tools.

§Clothing worn by you during various offences.

§Car rental paperwork for the Toyota Corolla.

§A passport in the name of Ellis, together with personal cards in her name.

§Personal paperwork belonging to Parry.

§Various other stolen property, including:

-a gold-coloured Citizen watch;

-a Star fuel card in the name of Bendigo Tech Services;

-four sets of motor vehicle keys on key rings;

-a Subaru motor vehicle key;

-a Renault motor vehicle key;

-a remote with orange buttons; and

-A Victorian driver’s licence in the name of Paige Parry.

(Charge 52 – handling stolen goods)

·        Police also located a Fujitsu EFTPOS card stolen from National Heating and Cooling (Summary Charge 124 – dealing with property suspected of being proceeds of crime).

·        Police also searched the Hyundai Accent utilised by you and Parry, where they located jemmy bars, power tools, torches, bolt cutters, a black balaclava, a tomahawk axe, spotting scopes, cameras, a long-distance recorder and other stolen property (Summary Charge 118 – dealing with property suspected of being proceeds of crime), personal property belonging to you and a syringe filled with a clear liquid substance, believed to be 1,4-butanediol (Charge 46 – possession of a drug of dependence (1,4-butanediol); Summary Charge 22 – commit indictable offence whilst on bail).

Record of Interview

14You made a “no comment” record of interview in response to the allegations.  At the conclusion of the interview you were remanded in custody.  As at the date of the plea – 2 August 2019 – you had been remanded in custody for 731 days (exactly two years, excluding the date of the plea).

Further investigation

15In August 2019, police obtained a transaction history for Stewart’s bankcard (utilised by you and Parry), which shows that there was a total of seventy-eight fraudulent transactions made by you and Parry totalling $12,000.

16The total value of the property (including cash) stolen by you and Parry from June to August 2019 is estimated to be approximately $240,200.

Guilty plea

17The matter resolved after negotiations following a committal hearing.

Ancillary orders

18Application will be made for the following orders:

(a)   a disposal order in relation to various drugs of dependence.

Licence orders

19Counsel for the prosecution notes that if the Court convicts you in relation to Charge 9 (insofar as it relates to a motor vehicle) and Charge 18, the Court must cancel your driver’s licence or disqualify you from obtaining one for a period it deems fit.

20In relation to Summary Charges 9, 83 and 85, the Court may cancel your driver’s licence and disqualify you from obtaining one for a period it deems fit.

Victoria Police criminal history report

21Counsel for the prosecution tendered your criminal history report, dated 2 March 2021 (exhibit 5).  I refer to such exhibit and note the following:

(a)   On 13 September 2012 at the Bendigo Magistrates’ Court, you were found guilty of burglary, theft, possessing suspected stolen goods, exceeding the prescribed concentration of alcohol when driving a vehicle and driving in a manner dangerous.  Without conviction, you were fined $2,000 in relation to the burglary, and for dishonesty offences, you were seemingly fined an aggregate sum of $2,000;

(b)   On 20 November 2012 at the Bendigo Magistrates’ Court, you were found guilty of theft and wilfully damaging property.  Without conviction, such matter was adjourned to 20 May 2013, with you donating $1,500 to the Bendigo Health Road Trauma Unit;

(c)   On 20 May 2013 at the Bendigo Magistrates’ Court, it was noted that you had complied with your bond/undertaking in relation to the offending on 20 November 2012 and such charges were dismissed;

(d) On 13 December 2013, at Seymour Magistrates’ Court, you were found guilty of burglary, theft, handling/receiving and retaining stolen goods and failure to answer bail, theft, dealing with property suspected of being proceeds of crime and several driving offences. In relation to the dishonesty offences, you were sentenced to an aggregate twelve months’ imprisonment, wholly suspended under the then s27 of the Sentencing Act 1991. The operational period was for two years;

(e)   On 22 April 2015, at the Bendigo Magistrates’ Court, it was proven that you contravened the suspended sentence order made on 13 December 2013.  Such charge was proven, but no order was made as it was noted that there were exceptional circumstances by virtue of your diagnosis of a previously unidentified psychiatric condition, which was then appropriately medicated.

Also on that date, you were convicted of theft, theft of a motor vehicle, fraudulently using label without authorisation, dealing with property suspected of being proceeds of crime, burglary, retention of stolen goods, knowingly dealing with proceeds of crime and attempt to commit indictable offence, together with possession of a weapon without excuse, unlicensed driving, handling and receiving stolen goods, and various motor vehicle offences.  In relation to the dishonesty offences, you were sentenced to an aggregate seven months’ imprisonment and it was noted that you had served 167 days’ pre-sentence detention.  Furthermore, you were sentenced to a Community Correction Order for eighteen months and beyond the core conditions, you were required to do unpaid community work for 150 hours, be supervised by the Secretary, undergo treatment and rehabilitation for drug abuse or dependency – mental health – and to be subject to mental behaviour programs as directed;

(f)    On 12 October 2016 at the Melbourne Magistrates’ Court, you were convicted of burglary, handling, receiving and disposing of stolen goods and dealing in property suspected of being proceeds of crime, and sentenced to 181 days’ imprisonment as time being already in custody, as 181 days reckoned as a period of imprisonment already served.  Furthermore, you were sentenced to a Community Correction Order for eighteen months, with special conditions of treatment and rehabilitation in relation to drug and mental health, together with attending various behaviour programs and judicial monitoring.

You were also found guilty of driving whilst disqualified and theft of a motor vehicle, theft, and dishonestly receiving stolen goods, handling, receiving and retention of stolen goods, theft of a trailer, theft of a boat and unlawful assault, possessing methylamphetamine and possession of cartridge ammunition without a permit.  You were sentenced again to a Community Correction Order for eighteen months with the same conditions as previously stated.

Also on that date, there was a proceeding for the contravention of a Community Correction Order made on 12 October 2016 and you were re-sentenced to seven months’ imprisonment, concurrent with other sentencing and, again, the 167 days pre-sentence detention was the effective sentence;

(g)   On 12 October 2018, at Melbourne Magistrates’ Court, you were convicted of burglary, handling, receiving and disposing of stolen goods and dealing with property suspected to be the proceeds in crime.  You were sentenced to 181 days’ imprisonment, concurrent with other sentences, time held in custody being 181 days reckoned as a period of imprisonment already served under the sentence.  You were also sentenced to a Community Correction Order for eighteen months, which contained conditions of treatment and rehabilitation for drug use and dependency and mental health treatment as directed in relation to the offending behaviour.

You were also convicted of driving whilst disqualified and theft of a motor vehicle, theft, and also dishonestly receiving stolen goods, handling, receiving and retention of stolen goods, theft of a trailer, theft of a boat vessel and unlawful assault, and again sentenced to a Community Correction Order for eighteen months, as already outlined;

(h)   On 7 August 2018 at the Bendigo Magistrates’ Court, you were convicted of theft of a motor vehicle, burglary, theft, attempted theft of a motor vehicle, criminal damage and theft from shop, theft of a motor vehicle, criminal damage, attempted theft of a motor vehicle, dealing with property suspected of being proceeds of crime, unlawful assault, possession of a prohibited weapon without exemption or approval, possession of a controlled weapon without excuse, driving whilst disqualified and unlicensed driving, careless driving of a motor vehicle and failing to report to police.

Also on 7 August 2019, it was proven that you breached a Community Correction Order made on 12 October 2016.

You were ultimately sentenced to a total effective sentence of one year and three months, with a non-parole period of seven months, and 170 days were reckoned as a pre-sentence detention, and your licence was disqualified for twelve months;

(i)    On 29 March 2019, at the Broadmeadows Magistrates’ Court, you were convicted of theft of a motor vehicle, and committing an indictable offence whilst on bail.  You were sentenced to one month’s imprisonment, concurrent with other sentences then being served prior to 29 March 2019.  Your licence was disqualified and cancelled for two months.

I was informed by the prosecution that you had been released from prison on 10 June 2019, which is very shortly prior to the commencement of your subject offending.

Victim Impact Statements

22Counsel for the prosecution read, and then tendered, the following Victim Impact Statements:

(a)   Victim Impact Statement of Wei Hong David Dei, declared on 23 June 2021 (exhibit 2);

(b)   Victim Impact Statement of Ms Helena Richardson-Collins, declared on 13 July 2019 (exhibit 3);

(c)   Victim Impact Statement of Ms Andrea Ellis, declared on 18 July 2021 (exhibit 4).

23The Victim Impact Statement of Wei Hong David Dei relates to Offending Incident Six, involving Charges 14, 15, 16 and 17.  These charges relate to the offending at the Epsom Milk Bar located on the Midland Highway, Epsom.

24When describing the emotional impact of your offending, Mr Wei describes how his five-year-old daughter always asks her mother whether or not the doors have been locked and the alarm has been turned on before she goes to bed.  He describes how his heart is broken over how much impact to a little girl this has had.  He describes how his daughter refuses to sleep alone after your offending and his wife has had to sleep with their two daughters every night since.

25In relation to the financial aspect of your offending, Mr Wei describes that your offending caused an overall loss of $10,000, the majority of which was not covered by insurance.  Furthermore, there was an interruption to business due to the door being broken, causing the business to be shut down for a number of days for repairs.  Furthermore, Mr Wei notes that he was unable to initially replace lost stock for months.

26Finally, Mr Wei comments his children cannot sleep over with their best friends due to insecure feelings since your offending.

27The Victim Impact Statement of Ms Helena Richardson-Collins relates to Incident Offending Eight, and in particular Charges 23, 24, 25 and 26.  The subject offending occurred at the Llanvair H.R. Gallery in Bendigo.

28Ms Richardson-Collins describes that since your offending she has felt very withdrawn, flat and very quiet, and not wanting to be at her business premises, dealing with the public.  She notes she has bad days where she just would not go to work.  She describes feeling so emotionally low and in tears many times, and also looking very tired.  She describes how the two paintings that you stole were her pride and joy and a very high standard of professionalism.  She notes that these pieces of art are not covered by insurance for theft, as the theft premium is too high and needed to be valued by a registered valuer, which is also expensive, and she is an artist running a small business.

29

The Victim Impact Statement of Ms Ellis relates to Offending Incident Sixteen, and in particular Charges 36 to 39.  That offending involved premises situated at 58 Lawson Way, Caroline Springs, which is a residential property belonging to

Ellis and Szitarity.

30In her Victim Impact Statement, Ms Ellis notes that on the night of your offending she was scheduled to leave for Japan after working tirelessly to save for such a trip.  She describes her heartbreak on that date and her life was in turmoil, with the sudden realisation that every piece of identity she had, as well the money she had saved to fund her trip, had been the subject of your offending.

31Furthermore, it was also heartbreaking that the jewellery her deceased grandparents had given her as a baby, and the only tangible memory she had of them, had been stolen by you.

32In particular, she describes the emotional distress, the anxiety, the fear, the sadness and the loss of sleep she has experienced following your offending.  She was unable to sleep properly for weeks, especially after the accused came back to her house a week later while she was at home surrounded by Excel spreadsheets, trying to document her losses.  At that time, to break into her letterbox, caused her additional stress, and fear of being in her own home.  Following your offending, she was forced to take her annual leave, as her house was no longer secure, and she spent the following weeks on the phone trying to cancel her holiday plans, trying to stop phone plans and loans being taken out under her name, and trying to organise repairs on her property.

33Ms Ellis described the whole of 2018 overcoming major depression, as the effects this has had on her psychological well-being were detrimental, causing her days to be filled with angst.

34Over the last couple of years, Ms Ellis has had constant reminders about the event, when a speeding fine came in the mail for her from a hired car taken out in her name.  Then, when she was applying for a new job, she was informed about two parking fines that were also under her name from the same hire company.  These parking fines have still not been cleared from her name and continue to cause additional stress.

35Ms Ellis describes the financial impact following the cancellation of her entire trip to Japan sometimes resulted in refusal of refunds.  In order to make her house safe she spent about $20,000 on new screen doors and cameras.  She did not have that money initially and was forced to refinance her home to make available these funds to pay for the security upgrade.  She describes your actions as stripping her of her financial independence.

36Finally, Ms Ellis describes how your offending broke her physically, emotionally and financially as a person, and to this day, two years on, she continues to be affected.  She notes that although she thought that after two years she would be able to put the majority of the trauma associated with your offending behind her, she found that even writing her Victim Impact Statement brought back flooding memories of how you turned her life upside down, causing tears to flow down her cheeks.

Your educational, employment and social background

37Your counsel tendered the following material:

(a)   Outline of Defence Plea Submissions, dated 30 July 2021 (exhibit “A”);

(b)   psychological report of Dr Warren Simmons, dated 26 July 2021 (exhibit “B”);

(c)   psychological report of Ms Carla Lechner, dated 22 September 2014 (exhibit “C”);

(d)   bundle of character references of Carol Bennett, dated 30 July 2021; Nat Roughly, dated 27 July 2021 and Lia Bennett, undated (exhibit “D”);

(e)   course certificates attained in prison, dated 27 January 2021, signed by Shannon Allison, clinical psychologist, Ravenhall Prison.

38Partly based on various submissions made by your counsel, and on the material to which reference has just been made, I note the following:

·        You were born and raised in the Bendigo area on a thousand-acre sheep and cropping farm approximately half an hour from Bendigo.  You have two younger siblings; a brother aged thirty and a sister aged twenty-eight.

·        Your parents separated approximately eight years ago, and your mother, who worked on the farm, is now a contract farm fencer, and is in good health.  Your father, aged about sixty-seven, was described by you as “a chronic alcoholic”, who ran the farm, but was also a shearer.

·        You described your childhood to the psychologist, Mr Warren Simmons, as “alright” although, in particular, you described your father as an abusive alcoholic of whom you were afraid of all the time.  You stated that your father consumed alcohol on a daily basis, revealing his pattern of drinking has continued until the present time.  Your father was violent to you and your brother, although you do not recall witnessing violence towards your mother.  However, when they were together, your parents argued a great deal, and your father always put you down.  You used to spend as much time as possible away from home to avoid your father, and your mother protected you and your siblings, and never seemed to be afraid of your father.

·        You reported to the psychologist that the family always managed, and you recalled undertaking activities together, although not often, which was in part related to the fact your father was drunk all the time.  You played sport regularly and would frequently stay at the homes of friends, explaining this was a way of avoiding your father.

·        You described yourself as being closer to your mother than your father when growing up, and described her as a strong woman who would do anything for anybody.  When you wanted something, you would always ask your mother for permission, and you hated your father to the extent that you did not speak to him for eight years at one time.

·        When growing up you were close to your siblings, admitting there was a period of six years when there was no contact with them.  You reveal that you distanced yourself from everybody and was using drugs heavily at the time, and did not want to make contact with the family.

·        You attended the Goornong Primary School which, according to you, only had sixty or seventy students.  You did poorly and struggled, but never knew why, and revealed that you hated school.  You explained to Mr Simmons you could not read before you were incarcerated, adding that your brother had a similar difficulty.  As a consequence, you considered that you were “dumb”.  Furthermore, you revealed that when aged eight you were kicked in the face by a horse, and suffered a fractured jaw and damage to your teeth, wearing braces subsequently.  You believed this resulted in you being shy and not being able to mix with others.  Otherwise, you reported no problems with either teachers or peers at primary school.

·        You attended White Hills Secondary College and did not complete Year 9, leaving to undertake a bricklaying apprenticeship, which you subsequently completed.  You stated that in Years 7 and 8 you were a quiet student, but commenced mixing with negative peers and started fighting, truanting and smoking.  You were frequently in trouble with teachers, but was unable to indicate why you were fighting with your peers.  You explained that you would go to your friend’s house, and smoke cigarettes and drink when they truanted.

·        You left the family home at fifteen and completing your bricklaying apprenticeship, after which you were offered a job in concreting.  You described yourself to the psychologist as a good worker before using drugs, indicating that you had not worked for the last four years.

·        The consumption of alcohol commenced at about the age of thirteen on a regular basis, when you and a friend were at a party.  After leaving home, your alcohol consumption began to increase, and by the age of seventeen you were attending the local hotel on a daily basis with two older friends who you resided with.  You estimated that you would have been having ten to twelve drinks and was always drunk.

·        You had experimented with methamphetamines in the past, but did not enjoy the drug and have not continued to use it.  However, after your second relationship broke down, you were reintroduced to the drug and explained it made you feel numb and it was a mistake.  You began mixing with the wrong crowd, stating that you then took long service leave and your use of the drug increased to daily, having a couple of points a day.  At your peak, you were smoking a gram a day, and said that went on for two months, and when you were last in the community you were smoking a gram a day.

·        For a period of six months prior to your second-last incarceration, you commenced ingesting GHB two to three times a week, and this continued for a period of six months, reporting it gave you a “weird high”.

·        You indicated to the psychologist that you tried most other drugs, but had not used them that often, and explained that cannabis makes you psychotic and you did use Buprenorphine in custody for a period.  You then commenced methadone, which you ceased, as you could not see any point in being released on drugs, and subsequently have returned negative urine drug screens for the past four months.

·        You attended a residential rehabilitation program at Bayside Private for three months in 2017, adding that it did help for a period until you subsequently relapsed.  While in custody, you stated you had undertaken every drug and alcohol program available to you at your current location, having forwarded Certificates of Completion to your lawyer.

·        At the age of eighteen you met Brooke, who was of the same age, at a nightclub, saying you formed a relationship which lasted for a year, but in hindsight you consider such a relationship had little emotional depth.

·        At the age of twenty-one you met Jenna, aged twenty, who you found attractive and a good person, who was not involved in substance use.  You formed a relationship, revealing it lasted for about three years, finding your own accommodation.

·        That relationship ended, as you fought often and you believe you pushed her away.  About a month after this relationship ended you met Ebony, now aged twenty-eight, revealing that you were both on drugs.  A few months later she became pregnant when you were incarcerated, and you became separated.

·        On your release you commenced seeing her again, and she became pregnant and gave birth to your second daughter, again while you were in custody.  You described the relationship was unstable because of substance use and that Ebony has subsequently ceased substance use and is a good mother for your two daughters, aged seven and five.

·        You believe your early childhood was unremarkable and you attained the normal developmental milestones at the appropriate ages.  Consequently, you revealed that over the years you have been diagnosed with schizophrenia, a borderline personality disorder and a mood disorder.  You are currently on Avanza and Epilim, which commenced four years ago when you were in custody, finding those helpful, as they stabilise your mood.  You revealed to the psychologist you had been previously diagnosed with an acquired brain injury following a neuropsychological assessment, although the exact details are unavailable.  You have a history of prior convictions and apart from the first offence in 2012, which is clearly alcohol-related, the majority of your subsequent offending has been drug related.

·        You informed the psychologist you are pleading guilty to the current charges.  You note that the offences occurred over a two-month period after you were released from custody, acknowledging that you relapsed into substance use immediately.  Your co-accused was a woman who also used drugs and with whom you were having a sexual relationship.  After you had committed the first offences, you thought you were going back to prison, therefore, what was the use in ceasing your offending behaviour.  You informed the psychologist that you were embarrassed about what you did and wished you had never done it, as you do not seem to be the type of person who does this normally.

(e)   Ultimately it was submitted that in relation to Charge 47, such is a relatively serious example of the offence, having regard to the number of items retained by you, the value of those items, and the fact that the items were obtained from several burglaries and thefts.  These items are particularised in Schedule “C” on the Indictment.

70Counsel for the prosecution also submitted, consistent with your counsel, that you have a relevant criminal history and, in particular, have sixteen prior offences for burglary, twenty-eight prior offences for theft, five prior offences for handling stolen goods and five prior offences for dishonestly receiving stolen goods.  Furthermore, you have prior convictions for breaching court-imposed orders.

71It was submitted that the following sentencing purposes must be given significant weight in determining an appropriate sentence:  general deterrence, specific deterrence, denunciation, punishment and protection of the community.

72While noting the Court must give effect to your rehabilitation, it was submitted in this case, that with your prior history and previous non-compliance with therapeutic orders, the best way to assist in rehabilitation is with the imposition of a parole sentence.  It was further submitted that your prospects of rehabilitation are “guarded”, having regard to your history of offences, the nature of the present offences and an unwillingness in the past to complete therapeutic court orders.

73It was noted that this appears to be a case where your prospects for rehabilitation are directly related to your need to remain abstinent from illicit substances, something which will require considerable assistance, given the extent of illicit substance use, and something this is unlikely to be achieved with a straight release into the community, as the offender submits.

74The prosecution also refer to the Victim Impact Statements, particularly to that of Ms Ellis, which highlight the effects on the victims of your offending.  Counsel for the prosecution accepted your counsel’s submissions in relation to your plea of guilty, your period of time on remand and the significance of the concept of totality in reaching an appropriate sentence.

75In particular, your counsel rejected the application of Principle 5 of Verdins[10] in the event you serve a further term of imprisonment.  In this respect, it was noted that there was no evidence imprisonment would have a significant adverse effect on your mental health.  Reference was made to the report of Mr Simmons, wherein he states:

“… While there is evidence of a mood disorder, additional information would be helpful to explore this further given that Mr Bennett appears to have few symptoms at the present time … .”[11] 

[10]        Op cit

[11]See report at paragraph 34

76Ultimately it was submitted that your offending warrants a term of imprisonment by which a head sentence and non-parole period are imposed.

Conclusion

77After being released from prison (where you were serving a sentence for similar offending), you immediately commenced a spate of offending over the period from 10 June 2019 to 2 August 2019 – a period of approximately seven weeks.  Your offending included fifty-one indictable offences, consisting of eleven charges of burglary, twelve charges of damaging property, twelve charges of theft, six charges of obtaining property by deception, five charges of handling stolen goods, one charge of attempted theft, one charge of aggravated burglary and four charges of possession of a drug of dependence.

78As a result of the uplifted charges, you have also pleaded guilty to the following summary charges over the same period of time:  four charges of driving whilst disqualified, ten charges of committing an indictable offence whilst on bail and two charges of dealing with property suspected of being the proceeds of crime. 

79When committing the burglary (Charge 40) and theft (Charge 41) at the DeMar Timber and Hardware premises located in Clifton Hill, a security alarm was activated and you were located and arrested as you attempted to flee the premises.  You were conveyed to Richmond Police Station and items of property were located on your person and these items constituted Charge 42, handling stolen goods.

80You were released on bail at the Richmond Police Station to appear at the Melbourne Magistrates’ Court on 31 October 2019.  Seemingly, you were re-offending within a couple of days of being placed on bail and most of the subsequent offending has been accompanied by a charge of committing an indictable offence whilst on bail.

81Most of the burglaries and thefts were committed at commercial premises, but also at a residential premise (see Charges 36, 37, 38 and 39).

82The total value of the property (including cash stolen by you and your partner, Parry, over the period of time) is estimated to be approximately $240,200.  The amount seemingly includes seventy-eight fraudulent transactions on Stewart’s bankcard, totalling $12,000.

83In particular, I refer to the following charges:

(a)   Charge 32, which involves an aggravated burglary at the Oval Motel located in Bendigo – such offence carries a maximum penalty of twenty-five years’ imprisonment.  Using an orange-and-black jemmy bar, you forced the door of the motel open, causing damage to the door (Charge 33 – damaging property) – and then entered the reception/residential area, where you were confronted by the motel owner, Gary Gibson, who had been awoken by the sound of the door being jemmied open.  You then fled back into the reception foyer and out into the street.

It is accepted by the prosecution that, although you were in possession of a weapon, the jemmy was used to gain entry to the premises and was not used on the owner of the premises.  Although, of course, there was always a risk that when you burgled any particular premises you would be confronted by owners of the premises or other people, I accept the entry into the premises was for the sole purpose of theft, and when you observed the owner, you fled from the premises.  Although such circumstances would have been frightening for the owner, I consider the circumstances of the aggravated burglary are very much on the lower end of seriousness in relation to that particular offence;

(b)   A further charge, Charge 46, which involves you being in possession of a drug of dependence, namely 1,4-butanediol, over a period from 30 July 2019 to 2 August 2019.  This is referred to as a “rolled-up” charge.  The words “rolled-up” charge, means that over the period from 30 July 2019 to 2 August 2019, you committed more than one offence involving this drug over this time.  Notwithstanding that the charge is a “rolled-up” charge, you will only receive one sentence;

(c)   I also refer to Charge 47, which involves handling stolen goods, which are set out in Schedule “C” attached to the Indictment.  Schedule “C” sets out 164 items, many of which would be of some value.  Such items were obtained seemingly from several burglaries and thefts.  Incidents Two, Nine, Eleven, Twelve, Fourteen and Nineteen make reference to Charge 47;

(d)   I also accept the proposition of counsel for the prosecution that various incidents over the course of your offending did demonstrate some degree of premeditation, such as the offending Incidents One, Two, Four, Seven, Ten, Thirteen and Fifteen.

84One only has to read the Victim Impact Statements of, in particular, Ms Ellis and Mr Wei Hong David Dei, to have an appreciation of how your offending can impact on innocent people, both in an emotional and financial sense.

85Overall, I consider that your offending – generally not of the most serious type of such offending – is nonetheless reasonably serious given the number of offences and the intensity of your offending over the particular period.

86Of course, it must be borne in mind that you had only been out of prison for a relatively short time for similar type of offending before you commenced the subject offending.

87I do accept that none of your offending involved violence and, indeed, the essence of your offending seemed to be to avoid people, as is made clear when confronted by the motel owner pertaining to Charge 32.  I also accept that given your drug background, the offending was brought about to finance your drug habit and the drug habit of your partner in crime.

88I consider that your rehabilitation prospects are “guarded”.  However, I do accept that seemingly you have made a significant decision to rid yourself of your drug habit.  This is made manifest by you being “clean” for a period of time now, undergoing various courses in prison, largely related to drug use, and your stated intentions in your letter to the Court.

89Furthermore, it would appear that on your release from prison you will have a home to go to – that is your mother’s – who will also employ you as a fencer.  I consider both having a particular place to return to after being released and a job to go to are strong factors in helping rehabilitate yourself from this frightful habit.

90My concerns are that the subject offending occurred virtually immediately after being released from prison in relation to similar offences.  In particular, I also refer to the psychological report of Ms Lechner, who examined you on 9 December 2014 in respect to earlier offending.  In that report she records that you informed her that you were “ashamed” of your offending and expressed a desire to attend a rehabilitation facility upon your release back into the community.  Seemingly, such intentions were not carried through.

91I consider that you would be aided by a sentence of imprisonment with a non-parole period.  In this sense, if you obtained parole you would have the added assistance of the Parole Board to overcome your drug habit.  On the evidence before me, I consider, consistent with others, that your drug offending has been the major driver of your offending in the past.

92I consider that the relevant matters in determining an appropriate sentence involve:

·        general deterrence – that is, to deter others from the course you have taken committing this large series of offences

·        specific deterrence – given your past history and the subject offending, it is necessary to specifically deter you from further offending

·        just punishment, denunciation and the protection of the community. 

93Of course, in forming an appropriate sentence, I will take into account the mitigating factors to which I have made reference and the issues of totality and parsimony. As I have noted, there are ten charges of committing an indictable offence whilst on bail. I refer to ss16(1), (1A) and (3C) of the Sentencing Act 1991 which are relevant in determining whether such an offence is cumulated or not. However, it is clear from authorities, the principle of totality overarches such considerations.

94I intend to sentence you to various periods of imprisonment and in some cases, the penalty of a fine – particularly so in the drug offending.  Although there is no precise detail as to the amount of drugs in relation to each offence, each charge is only in relation to possession – there are no trafficking charges – and I would accept that the drugs you had in your possession were for your personal use.

Your sentence

95In sentencing you, I intend to largely follow the incident numbers which both the prosecutor and I have utilised in describing the offending and breaking it up into various different incidents.  However, I intend to commence with Incident thirteen, which involves Charge 32, being the charge relating to the aggravated burglary.  Accordingly:

Offending ꟷ Incident thirteen

(i)    in relation to Charge 32, involving aggravated burglary, you are convicted and sentenced to nine (9) months’ imprisonment.  This sentence is the base sentence;

(ii)   in relation to Charge 33, involving damaging property, you are convicted and sentenced to one (1) month’s imprisonment, such sentence to be served concurrently with the sentence imposed on Charge 32;

Offending ꟷ Incident one

(iii)   in relation to Charge 1, involving burglary, you are convicted and sentenced to four (4) months’ imprisonment;

(iv)     in relation to Charge 2, involving damaging property, you will be convicted and sentenced to one (1) month’s imprisonment, such sentence to be served concurrently with the sentence imposed on Charge 1;

(v)   in relation to Charge 3, involving theft, you are convicted and sentenced to two (2) months’ imprisonment, such sentence to be served concurrently with the sentence imposed on Charge 1;

Offending – Incident three

(vi)     in respect of Charge 4, involving burglary, you are convicted and sentenced to three (3) months’ imprisonment, such sentence to be served concurrently with the sentence on Charge 6;

(vii)    in relation to Charge 5, involving theft, you are convicted and sentenced to three (3) months’ imprisonment, such sentence to be served concurrently with the sentence on Charge 6;

(viii)   in relation to Charge 6, involving obtaining property by deception, you are convicted and sentenced to four (4) months’ imprisonment;

Offending ꟷ Incident four

(ix)     in relation to Charge 7, involving burglary, you are convicted and sentenced to three (3) months’ imprisonment, such sentence to be served concurrently with the sentence imposed on Charge 9;

(x)   in relation to Charge 8, involving damaging property, you are convicted and sentenced to three (3) months’ imprisonment, such sentence to be served concurrently with the sentence imposed on Charge 9;

(xi)     in relation to Charge 9, involving theft, you are convicted and sentenced to four (4) months’ imprisonment;

(xii)    in relation to Summary Charge 9, driving whilst disqualified, you are convicted and sentenced to one (1) month’s imprisonment, such sentence to be served concurrently with the sentence imposed on Charge 9;

Offending ꟷ Incident five

(xiii)   in relation to Charge 11, involving damaging property, you are convicted and sentenced to one (1) month’s imprisonment, such sentence to be served concurrently with the sentence imposed on Charge 13;

(xiv)   in relation to Charge 10, involving burglary, you are convicted and sentenced to three (3) month’s imprisonment, such sentence to be served concurrently with the sentence imposed on Charge 13;

(xv)    in relation to Charge 12, involving theft, you are convicted and sentenced to two (2) months’ imprisonment, such sentence to be served concurrently with the sentence imposed on Charge 13;

(xvi)   in relation to Charge 13, involving obtaining property by deception, you are convicted and sentenced to five (5) month’s imprisonment;

Offending ꟷ Incident six

(xvii) in relation to Charge 14, involving burglary, you are convicted and sentenced to three (3) months’ imprisonment, such sentence to be served concurrently with the sentence imposed on Charge 17;

(xviii)in relation to Charge 15, involving damaging property, you are convicted and sentenced to one (1) month’s imprisonment, such sentence to be served concurrently with the sentence imposed on Charge 17;

(xix)   in relation to Charge 16, involving theft, you are convicted and sentenced to two (2) months’ imprisonment, such sentence to be served concurrently with the sentence imposed on Charge 17;

(xx)    in relation to Charge 17, involving obtaining property by deception, you are convicted and sentenced to four (4) months’ imprisonment;

Offending – Incident seven

(xxi)   in relation to Charge 18, involving theft, you are convicted and sentenced to one (1) month’s imprisonment, such sentence to be served concurrently with the sentence imposed on Charge 20;

(xxii) in relation to Charge 19, involving handling stolen goods, you are convicted and sentenced to two (2) months’ imprisonment, such sentence to be served concurrently with the sentence imposed on Charge 20;

(xxiii)in relation to Charge 20, involving burglary, you are convicted and sentenced to three (3) months’ imprisonment;

(xxiv)in relation to Charge 21, involving damaging property, you are convicted and sentenced to two (2) months’ imprisonment, such sentence to be served concurrently with the sentence imposed on Charge 20;

(xxv) in relation to Charge 22, involving attempted theft, you are convicted and sentenced to a fine of $300;

Offending – Incident eight

(xxvi)in relation to Charge 23, involving burglary, you are convicted and sentenced to three (3) months’ imprisonment, such sentence to be served concurrently with the sentence imposed on Charge 26;

(xxvii)in relation to Charge 24, involving damaging property, you are convicted and sentenced to one (1) month’s imprisonment, such sentence to be served concurrently with the sentence imposed on Charge 26;

(xxviii)in relation to Charge 25, involving theft, you are convicted and sentenced to three (3) months’ imprisonment, such sentence to be served concurrently with the sentence imposed on Charge 26;

(xxix)in relation to Charge 26, involving property obtained by deception, you are convicted and sentenced to four (4) months’ imprisonment;

Offending – Incident ten

(xxx)in relation to Charge 27, involving burglary, you are convicted and sentenced to three (3) months’ imprisonment, such sentence to be served concurrently with the sentence imposed on Charge 30;

(xxxi)in relation to Charge 28, involving damaging property, you are convicted and sentenced to a fine of $250;

(xxxii)in relation to Charge 29, involving damaging property, you are convicted and sentenced to a fine of $250;

(xxxiii)in relation to Charge 30, involving theft, you are convicted and sentenced to five (5) months’ imprisonment;

(xxxiv)in relation to Charge 31, involving obtaining property by deception, you are convicted and sentenced to three (3) months’ imprisonment, such sentence to be served concurrently with the sentence imposed on Charge 30;

Offending – Incident fifteen

(xxxv)in relation to Charge 34, involving burglary, you are convicted and sentenced to three (3) months’ imprisonment;

(xxxvi)in relation to Charge 35, involving damaging property, you are convicted and sentenced to a fine of $200;

Offending – Incident sixteen

(xxxvii)in relation to Charge 36, involving burglary, you are convicted and sentenced to three (3) months’ imprisonment, such sentence to be served concurrently with the sentence imposed on Charge 39;

(xxxviii)in relation to Charge 37, involving damaging property, you are convicted and sentenced to one (1) month’s imprisonment, such sentence to be served concurrently with the sentence imposed on Charge 39;

(xxxix)in relation to Charge 38, involving theft, you are convicted and sentenced to three (3) months’ imprisonment, such sentence to be served concurrently with the sentence imposed on Charge 39;

(xl)     in relation to Charge 39, involving obtaining property by deception, you are convicted and sentenced to five (5) months’ imprisonment;

Offending ꟷ Incident seventeen

(xli)    in relation to Charge 40, involving burglary, you are convicted and sentenced to three (3) months’ imprisonment;

(xlii)   in relation to Charge 41, involving theft, you are convicted and sentenced to a fine of $200;

(xliii)  in relation to Charge 42, involving handling stolen goods, you are convicted and sentenced to two (2) months’ imprisonment, such sentence to be served concurrently with the sentence imposed on Charge 40;

Offending – Incident eighteen

(xliv) in relation to Charge 43, involving theft, you are convicted and sentenced to a fine of $300;

(xlv)   in relation to Charge 44, handling stolen goods, you are convicted and sentenced to two (2) months’ imprisonment;

(xlvi)in relation to Summary Charge 137, committing an indictable offence whilst on bail, you are sentenced to one (1) month’s imprisonment, such sentence to be served concurrently with the sentence imposed on Charge 44;

(xlvii)in relation to Summary Charge 136, committing an indictable offence whilst on bail, you are convicted and sentenced to one (1) month’s imprisonment, such sentence to be served concurrently with the sentence imposed on Charge 44;

(xlviii)in relation to Summary Charge 133, driving whilst disqualified, you are convicted and sentenced to one (1) month’s imprisonment, such sentence to be served concurrently with the sentence imposed on Charge 44;

Offending – Incident nineteen

(xlix) in relation to Charge 45, damaging property, you are convicted and sentenced to a fine of $250;

(l)    in relation to Summary Charge 84, committing an indictable offence whilst on bail, you are convicted and sentenced to one (1) month’s imprisonment, such sentence to be served concurrently with the sentence imposed on Charge 47;

(li)   in relation to Summary Charge 83, involving driving whilst disqualified, you are convicted and sentenced to one (1) month’s imprisonment, such sentence to be served concurrently with the sentence imposed on Charge 47;

(lii)   in relation to Summary Charge 85, driving whilst disqualified, you are convicted and sentenced to one (1) month’s imprisonment, such sentence to be served concurrently with the sentence imposed on Charge 47;

(liii)    in relation to Charge 47, handling stolen goods, you are convicted and sentenced to six (6) months’ imprisonment;

(liv)    in relation to Summary Charge 101, committing and indictable offence whilst on bail, you are convicted and sentenced to one (1) month’s imprisonment, such sentence to be concurrent with the sentence imposed on Charge 47;

(lv)     in relation to Summary Charge 98, dealing with property suspected of being proceeds of crime, you are convicted and sentenced to one (1) months’ imprisonment, such sentence to be concurrent with the sentence imposed on Charge 47;

(lvi)    in relation to Charge 46, involving possession of a drug of dependence (1,4-butanediol), you are convicted and sentenced to a fine of $300;

(lvii)   in relation to Summary Charge 100, committing an indictable offence whilst on bail, you are convicted and sentenced to one (1) month’s imprisonment, such sentence to be concurrent with the sentence imposed on Charge 47;

Offending – Incident twenty

(lviii)  in relation to Charge 48, involving theft, you are convicted and sentenced to a fine of $200;

(lix)    in relation to Summary Charge 111, involving committing an indictable offence whilst on bail, you are convicted and sentenced to a fine of $100;

(lx)     in relation to Charge 49, possession of a drug of dependence (Cannabis L), you are convicted and sentenced to a fine of $175;

(lxi)    in relation to Summary Charge 123, committing an indictable offence whilst on bail, you are convicted and sentenced to one (1) month’s imprisonment, such sentence to be served concurrently with all other sentences imposed this day;

(lxii)   in relation to Charge 50, being in possession of a drug of dependence (methylamphetamine), you are convicted and sentenced to a fine of $350;

(lxiii)  in relation to Summary Charge 128, committing an indictable offence whilst on bail, you are convicted and sentenced to one (1) month’s imprisonment, such sentence to be served concurrently with all other sentences imposed on this day;

(lxiv) in relation to Charge 51, involving possession of a small quantity of tablets believed to be MDMA, you are convicted and sentenced to a fine of $350;

(lxv)   in relation to Charge 52, handling stolen goods, you are convicted and sentenced to one (1) month’s imprisonment, to be served concurrently with all other sentences imposed on this day;

(lxvi)in relation to Summary Charge 124, dealing with property suspected of being proceeds of crime, you are convicted and sentenced to a fine of $200;

(lxvii)in relation to Summary Charge 118, dealing with property suspected of being proceeds of crime, you are convicted and sentenced to a fine of $200;

(lxviii)in relation to Summary Charge 22, commit an indictable offence whilst on bail, you are convicted and sentenced to one (1) month’s imprisonment, such sentence to be served concurrently with all other sentences imposed on this day.

96I direct that two months of Charge 1, two months of Charge 6, two months of Charge 9, three months of Charge 13, two months of Charge 17, two months of Charge 20, two months of Charge 26, four months of Charge 47, three months of Charge 30, one month of Charge 34, three months of Charge 39, two months of Charge 42 and one month of Charge 44, be cumulated with each other and with the base sentence in relation to Charge 32.

97The total effective sentence is three (3) years and two (2) months and I order that there be a non-parole period of two (2) years and two (2) months.

98I declare that you have served up to, but not including this day, 775 days in pre-sentence detention, and that such period should be administratively deducted from the sentence ordered against you.

99I grant the application for the disposal order.

100Given that you have been convicted in relation to Charges 9 and 18, the Court cancels any driver’s licence that you hold and disqualifies you from obtaining a licence for a period of two years, commencing from 2 August 2019.

101Pursuant to s6AAA of the Sentencing Act 1991, I declare that save for your pleas of guilty in relation to the subject offending, I would have sentenced you to a period of four years and six months, with a non-parole period of three years and two months.

- - -