Director of Public Prosecutions v Buckingham
[2024] VCC 2020
•11 December 2024
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
CR-24-00462
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| BRONSON BUCKINGHAM |
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JUDGE: | KELLY | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 22 August 2024, 13 November 2024 | |
DATE OF SENTENCE: | 11 December 2024 | |
CASE MAY BE CITED AS: | DPP v Buckingham | |
MEDIUM NEUTRAL CITATION: | [2024] VCC 2020 | |
REASONS FOR SENTENCE
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Subject:CRIMINAL LAW
Catchwords: Theft — Burglary — Damaging Property — Attempted Burglary — Aggravated Intentionally Expose Emergency Worker to Risk — Dangerous Driving whilst Pursued by Police — Conduct Endangering Persons — Unlicensed Driving — Failing to Stop Vehicle at Direction of Police — Fail Oral Fluid Test — Intellectual Disability — Young Adult Offender — Bleak Prospects of Rehabilitation — Limited Remorse — Verdins principles — Bugmy principles — S 5(2H) exceptions not enlivened — Principles of totality and parsimony
Legislation Cited: Sentencing Act 1991 (Vic)
Cases Cited:R v Verdins (2007) 16 VR 240; Worboyes v The Queen (2021) 96 MVR 344; Bugmy v The Queen (2013) 169 CLR 571; R v McKee [2003] VSCA 16
Sentence: Total Effective Sentence of 5 years 2 months; Non-Parole Period of 2 years 10 months
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Mr A. Moore | Office of Public Prosecutions |
| For the Accused | Ms R. Cashmore | Emma King Criminal Law |
HIS HONOUR:
Introduction
1Bronson Buckingham, you have pleaded guilty to 10 charges of Theft, four charges of Burglary, four charges of Damaging Property, two charges of Attempted Burglary, three charges of Aggravated Intentionally Exposing an Emergency Worker to Risk by Driving, one charge of Dangerous Driving while Pursued by Police, and one charge of Conduct Endangering Persons.
2You have also pleaded guilty to three charges of Unlicensed Driving, one charge of Failing to Stop Vehicle at the Direction of Police, and one charge of Fail an Oral Fluid Test within Three Hours of Driving.
3The maximum penalties for these offences are as follows:
· Theft: 10 years' imprisonment;
· Burglary: 10 years' imprisonment;
· Damaging Property: 10 years' imprisonment;
· Attempted Burglary: 10 years' imprisonment;
· Aggravated Intentionally Expose Emergency Worker to Risk by Driving: 20 years' imprisonment;
· Dangerous Driving whilst Pursued by Police: three years' imprisonment;
· Conduct Endangering Persons: five years' imprisonment;
· Unlicensed Driving: six months' imprisonment;
· Failing to Stop Vehicle at Direction of Police: six months' imprisonment for a first offence, 12 months' imprisonment for a subsequent offence;
· Fail Oral Fluid Test within three hours of Driving: a fine of 12 penalty units for a first offence, 60 penalty units for a second offence and 120 penalty units for a third offence.
4The aggravated offence of intentionally exposing an emergency worker to risk by driving is a category 2 offence for the purposes of s5 of the Sentencing Act 1991. Pursuant to s 5(2H) of that Act, I am required to imprison you immediately unless one of the exceptions in that section applies to you.
Summary of offending
5On 30 August 2023 you were released on bail by the Shepparton Magistrates Court. The conditions of your bail included that you do not drive a motor vehicle, you report to the Shepparton Police Station three times a week, and you observe a curfew between 9 pm and 6 am. On 8 September 2023 you were not licensed to drive.
8 September offending
6On 8 September you were seen travelling in a white Holden Commodore, unlicensed, north on the Goulbourn Valley Highway. This is the offending giving rise to summary Charge 1 – unlicensed driving.
7You drove to a Coles Express service station and filled your petrol tank with $53.73 worth of petrol and drove away without paying (Charge 1 – theft).
8At about 9.50 am, Constables Bremner-Graham and Williams saw you driving the white Commodore south on Bradford Road. They tried to intercept you by activating their lights and sirens. You accelerated and drove erratically. (summary Charge 6 – failure to stop on police direction).
9The car’s owner later informed police you had taken her vehicle and had not returned it.
9 September offending
10On 9 September you drove a white Holden Commodore without registration plates to the EG Fuel service station in Epping (summary Charge 36 – unlicensed driving).
11You filled your tank with $61.63 worth of petrol and drove away without paying (Charge 2: theft).
14 September offending
12On 14 September at approximately 2 am, you and an unknown female drove to the Preston Market in a silver Mazda 323 sedan (summary Charge 39: unlicensed driving).
13You entered the shopfront of Gordy’s Place by kicking in the door. You made several trips to and from the store. This constitutes Charge 3 – burglary. You stole approximately $400 from the cash register and from a storage room at the back of the premises. This constitutes Charge 4 – theft.
14You caused approximately $495 worth of damage to the door, and a further $495 worth of damage to the cash register inside the store when you forced it open. This constitutes Charge 5 – criminal damage.
15At approximately 2.15 am the same morning, you and an unknown co-offender attended the rear of Bubbles Car Wash in Thomastown. You used a hammer to try to open the rear door of the premises. The owner of the business, who was inside at the time, banged on the door, frightening you off. This offending constitutes Charge 6 – attempted burglary.
16At about 3.03 am you drove the Mazda sedan to Ultra Tune in Epping. You entered the store (Charge 7 – burglary) and stole a cash box containing approximately $250 (Charge 8 – theft).
17You accessed a grey 2012 Holden Commodore belonging to Mr Michael Asprea, who had left both his car and the keys in his garage. This is the offending covered by Charge 9 – theft.
18You forced the car through Mr Asprea’s roller door, causing $8,439 worth of damage. This constitutes Charge 10 – damaging property.
19At 9.45 am and again at approximately 11.40 am that morning you were spotted by police driving the stolen Commodore erratically and at high speeds. Constables Storey and Brett were travelling in a marked police vehicle when they saw the stolen car parked outside 32 Wilmot Road, Shepparton. As they drove past, you began to drive without your headlights on. The officers conducted a U-turn and tried to follow you. You sped up suddenly, losing traction as you passed through an intersection.
20Constable Storey turned the vehicle around and drove back to 32 Wilmot Road where he again saw the stolen Commodore. When he approached the address, you accelerated at his vehicle, crossing to the wrong side of the road without your headlights on. This forced Constable Storey to steer his car into an emergency lane to avoid a collision with you. This constitutes Charge 11 – aggravated intentionally expose emergency worker to risk by driving.
15 September Offending
21At about 1 am on 15 September you drove the same stolen grey Commodore to an Ampol service station in Kialla, accompanied by your brother, Andrew Knowles, sister, Narita Knowles, and an associate, Ms Angel Dennison.
22You used a car jack to break into the service station. You stole four packs of cigarettes before an anti-theft alarm sounded. This constitutes Charge 12 – burglary – and Charge 13 – theft.
23At about 1.35 am you drove your stolen Commodore to Rendevski Transport, obtained a red Holden Commodore and drove both cars away from the premises (Charge 14 – theft (motor vehicle)). You dumped the grey Commodore once its tyre blew out and drove back to Rendevski Transport, arriving at 1.51 am.
24You then used the stolen red Commodore to ram the door to the warehouse. You and your associates entered the warehouse. This constitutes Charges 15 – burglary – and 16 – damaging property.
25Once inside, you located the keys to a white Toyota Hilux and drove it from one end of the building to the other (Charge 17 – theft (motor vehicle)).
26You kicked open a door to an internal office, Ms Knowles located a set of keys to a Chevrolet Silverado utility, used the keys to start the car and then moved to the back seat. You drove the Chevrolet through the broken roller door, causing further damage, whilst Ms Knowles located a set of keys to a BMW X6 hatch and drove that car out behind you. This constitutes Charge 18 – theft (motor vehicle) and Charge 19 – theft (motor vehicle). It cost Rendevski Transport $8,444.44 to replace the roller door, office door and broken locks.
27At about 2.20 am you drove the stolen Chevrolet to Mycar Tyre and Auto on Vaughan Road, Shepparton. You reversed into the roller door, causing $874.50 worth of damage. You were unable to access the store and you drove away. This constitutes Charges 20 – attempted burglary – and 21 – damaging property.
28At 2.37 am Constables Bremner-Graham and Watson observed your Chevrolet driving on St Georges Road, Shepparton. They activated their lights and sirens, but you sped through a red light to evade them.
29At approximately 3 am Senior Sergent Willis and Constable Burchell were patrolling Wilmot Road for erratic vehicles. They noticed your car travelling towards them and observed your headlights turning on and off again. As your vehicle approached their marked police car, you swerved directly at them, forcing them to brake and mount the curb to avoid a collision. This constitutes Charge 22 – aggravated intentionally expose and emergency worker to risk by driving.
30Senior Sergeant Willis tried to catch you. She activated her emergency lights. You continued to speed onto Guthrie Street then Wyndham Street. Senior Sergeant Willis stopped at the intersection of Wilmot Road and Wyndham Street. She watched you drive down the centre of the street, forcing another vehicle to pull over when you swerved at it, narrowly missing it. This constitutes Charge 23 – dangerous driving (police pursuit).
31You then drove to the Liberty service station on River Road, Kialla. You fled when you saw Sergeant Mark Phillips in a marked police car. Sergeant Phillips pursued you. You continued east before conducting a U-turn and driving at Sergeant Phillips, attempting a head-on collision with his vehicle at over 100 km/h. Sergeant Phillips drove off the road into the shoulder to avoid a collision with you. This constitutes Charge 24- aggravated intentionally expose emergency worker to risk by driving.
32You accelerated away at speeds of approximately 170 km/h. Acting Sergeant Mosely, Constable Burgess and Sergeant Phillips pursued you with their lights and sirens activated, and recorded you reaching speeds of up to 180 km/h in areas zoned at 100 km/h. Police eventually abandoned the road pursuit as they were unable to keep up with you.
33You travelled on the wrong side of the Goulbourn Valley freeway, reaching 150 km/h in an area zoned at 60 km/h, almost colliding with a truck. At one point your tyre appeared to burst. You continued driving at speed, reaching 115 km/h in a 60 km/h zone on Kialla Lakes Drive and 150 km/h on Archer Road. This driving constitutes Charge 25 – conduct endangering persons.
34You drove the Chevrolet back to Rendevski Transport, but fled when you realised the owner was there. You drove around Shepparton at high speeds as police officers attempted to use stop sticks. You eventually ran out of fuel and met up with Mr Tyrone Justine and Ms Narita Knowles, who were in the stolen BMW. You leapt into their car and remained in the backseat as it drove at speeds of up to 200 km/h before police intercepted the BMW with stop sticks.
35You were arrested, and a subsequent oral fluid test confirmed the presence of methylamphetamine, which constitutes summary Charge 57 – fail oral fluid test within three hours of driving.
Circumstances of offender
36
I was provided with a psychological report by Mr Jeffrey Cummins dated
30 October 2024,[1] and a neuropsychological report by Dr Matt Treeby dated
23 October 2024[2] which set out your personal circumstances.
[1] (‘Cummins Report’).
[2] (‘Treeby Report’).
37You are a Yorta Yorta man born in Shepparton in January 2000. Your parents separated when you were two years old. Your mother teaches at the Academy of Sport, Health and Education. You have a close relationship with her. You describe your father as a drug user. You have never been particularly close to him.
38
You say you were subjected to physical violence by your mother’s partners before she met your current stepfather. You also report experiencing abuse while you were in residential care in Wangaratta, Benalla and Shepparton. You told
Mr Cummins that you reported those incidents to police but no charges were laid.
39You attended Wilmot Road Primary School in Shepparton until Grade 5, though you struggled with reading, writing and arithmetic. You transferred to Verney Road School, a special education school. You told Mr Cummins you thought you had passed Year 7 there. You have had no further education. You report being placed on a Disability Support Plan at age 17 due to your learning difficulties. You received NDIS funding. You have had limited paid employment.
40You have one daughter named Grace who lives with your mother. You receive visits from them once a month and have weekly Zoom and telephone calls with them.
Defence Submissions
41Ms Cashmore, on your behalf, submitted that you should receive a combined sentence considering the substantial time you have spent on remand, your relative youth and your personal circumstances.
42I was provided with two letters, one from your mother, Heidi Knowles, and another from your grandmother, Hilda Knowles.
43Your mother currently cares for your daughter and supervises your phone and Zoom calls with her. She writes that if you are released, she is fully committed to continuing this role, overseeing in-person visits and maintaining the bond between you because it is integral to maintaining your daughter’s connection to her culture.
44Your grandmother writes of her willingness to provide you with a stable home when you are released from custody. She is committed to supporting you and writes that she is willing to assist you however she can.
45You are fortunate to have this support.
Prosecution Submissions
46Mr Moore, on behalf of the Crown, submitted that the seriousness of the offending requires a head sentence with a non-parole period. Mr Moore contended that your conduct was extremely dangerous and that three of your charges carry a maximum penalty of 20 years' imprisonment.
Gravity of Offending & Moral Culpability
47Ms Cashmore conceded that Charges 11, 22 and 24 are inherently serious as reflected in their maximum penalties. She underscored that the officers suffered no injuries and there was slight damage to the vehicles. Ms Cashmore recognised that this may be due to the evasive action taken by the officers, but nonetheless relied on the opportunity each officer had to escape serious injury or worse as a matter mitigating penalty. She submitted that your offending on these charges does not have the aggravating features of property damage and physical injury which, if present, would make these instances graver examples of their type. Of course, the absence of aggravating features is not itself a mitigatory feature.
48Ms Cashmore submitted that much of your offending is routinely heard in the Magistrates’ Court. She said that I am constrained by the principle of totality given the substantial overlap between the offences charged. She argued that the burglaries occurred at commercial or industrial premises, reducing the risk of encountering occupiers when you and your co-offenders forced your way into their businesses.
49Ms Cashmore said your offending was spontaneous and lacked forethought. She conceded that the use of vehicles in the burglaries together with a hammer in one of the attempted burglaries were aggravating features.
50Mr Moore submitted that this is extremely grave offending which occurred over two weeks. He said you had the time to reflect in this period, you could have stopped but you did not. You caused nearly $20,000 in criminal damage, endangered the public and the emergency workers who sought to stop you. Your offending was impulsive, risky and grossly reckless. Charges 11, 22 and 24 are in the mid-range. The remaining charges are in the low to mid-range.
Prospects of Rehabilitation
51
Ms Cashmore submitted that your prospects of rehabilitation while guarded, are not wholly extinguished. She relied on Dr Treeby’s report and the report of
Mr Cummins to submit that you have some capacity to initiate your own rehabilitation, even when you are transient. She submitted that your lengthy pretrial detention and your regular meetings with your daughter have motivated you to reform. She noted that you required substantial scaffolding to enhance your prospects of completing programmes.
52Dr Treeby identified that you experience significant difficulties in the community, you have problem solving deficits and you respond poorly to challenging situations. He believed that you struggle to form and execute goals. He described you as a young man, with poor judgment, and with a ‘limited capacity for self-reflective, and future-oriented thinking’.[3] Ms Cashmore argued that given these challenges, your rehabilitation is better promoted by a Community Correction Order than it is by parole.
[3] Treeby Report (n 2) 7 [37].
53You have appeared in courts on criminal charges since 2015. You have amassed a number of convictions for stealing cars, robbery, negligently driving whilst pursued by police and breaching orders. You breached Community Correction Orders in 2021 and 2022. Dr Treeby believes that you are a high risk of reoffending due to your, ‘history of reckless conduct, severe substance use problems, marked behavioural impulsivity, antisocial personality disorder and prior breaches of community-based orders.’[4] That conclusion is irresistible.
[4] Ibid, 14 [71].
54I was provided with a Disability Overview Report prepared by Carmen Rembold, Department of Families, Fairness and Housing. You were first placed on a Justice Plan in August 2020. Ms Rembold writes that your engagement was, ‘sporadic and poor’, and your engagement became increasingly difficult to maintain.[5] You were again placed on a Justice Plan in October 2022 where your engagement was again reported as sporadic and poor. Ms Rembold writes that contact and engagement was notably improved when you were in custody.
[5] Disability Overview Report authored by Carmen Rembold dated 24 October 2024, 3.
55
You were deemed suitable for a Community Correction Order by the Department of Justice in a report dated 18 September 2024. They assessed you as a ‘high risk of reoffending’. Ms Rembold writes that during a telephone conference on
10 October 2024, you presented as highly cooperative, displaying a strong willingness to engage with services recommended by your Justice Plan.
56Given your poor compliance with orders, your poor impulse control and your striking lack of insight, your prospects of rehabilitation are bleak.
Guilty Plea & Worboyes
57You have pleaded guilty at an early stage. Victims and witnesses have been spared the ordeal of giving evidence. I have reduced your sentence accordingly. You are also entitled to the last drops of the Worboyes discount.
58You have expressed scant remorse for your offending. Dr Treeby wrote that you failed to demonstrate any regret or remorse to him. You told him that, “it is what it is”.[6] Mr Cummins wrote that you apologised for your offending, “in a very casual manner.”[7] You have repeatedly expressed that as far as you are concerned, you have spent sufficient time in custody. These representations betray poor insight and poor victim empathy. There is insufficient evidence of contrition in your case.
[6] Treeby Report (n 2) 6 [28].
[7] Cummins Report (n 1) 8 [58].
Youth/old age
59Ms Cashmore submitted that you are still a youthful person and the principles in Mills are therefore relevant to my sentence.[8]
[8] R v Mills [1998] 4 VR 235.
Verdins
60Ms Cashmore relied on Dr Treeby’s report, tendered on your further plea, to submit that all limbs of Verdins are enlivened.[9] Dr Treeby observes:
'Mr Buckingham struggles with understanding abstract concepts, he has a poor capacity to engage in consequential thinking, and he has difficulties with logically reasoning through problems. He is slow to process complex information and he also has difficulties with generating and expressing thoughts. He struggles to hold and manipulate information in mind to engage in problem solving. He has marked impulsive behavioural tendencies and he is quickly overwhelmed when he is required to juggle multiple competing demands. These impairments would have been evident at the time of the offending and he will experience these going forward.'[10]
[9] R v Verdins (2007) 16 VR 240.
[10] Treeby Report (n 2) 12 [59].
61Mr Moore conceded that your low cognitive functioning can be considered in a general way, but maintained that these factors cannot account fully for your offending. He emphasised your offending occurred over a fortnight during which you had time to stop and reflect on the damage you were doing. You carried on until you were caught.
62Your impaired cognitive functioning does not completely explain your offending, but there is a sufficient foundation to enliven Limb 1 of Verdins.
63Dr Treeby wrote, towards the end of his report, “It must be said that cognitive impairment, mental health difficulties and substance misuse cannot entirely account for Mr Buckingham’s offending behaviour which is persistent, versatile and now dates back to 2014.” He believes you have an antisocial personality disorder and that partly explains why you indulge in unsophisticated, impulsive offending. There is therefore a foundation for concluding that limb 1 of Verdins in engaged, but the reduction in your moral culpability is modest in light of his conclusion that there are other factors at play.
64Dr Treeby writes that you have long-standing cognitive limitations. You have a mild intellectual disability. Limbs 3 and 4 are therefore enlivened.
65Ms Cashmore also relied on the psychological report of Mr Jeffrey Cummins dated 30 October 2024. In it, Mr Cummins writes that your mental health would most probably deteriorate in custody. I accept that limbs 5 and 6 are enlivened and have adjusted your sentence somewhat.
Bugmy
66Ms Cashmore submitted that your disadvantaged and chaotic upbringing enlivens the principles in Bugmy.[11] You reported to Dr Treeby that both your parents abused substances. You reported experiencing domestic violence at the hands of your mother’s partners before she met your current stepfather. You experienced learning difficulties at school and your antisocial behaviour escalated in your teens. You were moved from your mother’s care into your paternal grandmother’s care when you were aged eight. You then returned to your mother’s home before being shunted between family and friends. You were taken into the Department of Families, Fairness and Housing’s care at age 12. You were exposed to anti-social peers, substance use and contact with police. As the court in McKee stated:
'The extent to which a decision to experiment with drugs is freely made, in my view, bears upon the moral culpability of the offender who commits a crime as a consequence of addiction to drugs. Age is relevant to the question, as Spigelman CJ acknowledged. I would add that in the case of adults, despair and low self-regard may also play a significant part in the decision to use drugs and that condition may be the result of social or economic disadvantage, poor education or emotional or physical abuse'.[12]
[11] Bugmy v The Queen (2013) 249 CLR 571.
[12] R v McKee (2003) 138 A Crim R 88, 92 [13].
67You began smoking cannabis at age 12 and methylamphetamine at age 14. You abused alcohol in your early teens. You were using methylamphetamine and cannabis daily immediately before your offending, and it would appear during it. Your former partner had left you. You were unable to cope. Your moral culpability is further reduced. That reduction needs to be offset somewhat by the increased need in your case to protect the community from you. You are reckless, impulsive and you expose others in your path to grave risk. The community needs to be protected from that risk.
Sentencing Principles
68Pursuant to s5 of the Sentencing Act 1991, the purposes for which you are to be sentenced are:
(a) To punish you in a manner and to an extent which is just in all of the circumstances;
(b) To deter you or others from committing similar offences in future;
(c) To facilitate rehabilitation;
(d) To manifest the denunciation of your conduct;
(e) To protect the community; or
(f) A combination of two or more of these purposes.
69No comparable cases were provided to the Court by either party.
70In her written submissions and at your initial plea hearing in August, Ms Cashmore submitted that the s5(2H) was enlivened, specifically each limb of s5(2H)(c) and s5(2H)(e), such that I am excused from the obligation to impose a term of imprisonment for Charges 11, 22 and 24.
71These submissions were commenced in August but suspended so Ms Cashmore could obtain further psychological material. Unfortunately, at the November plea hearing this submission was not pursued. I am unsure whether it was still being maintained or had been discretely abandoned.
72
The reports of Dr Treeby and Mr Cummins are the foundation for any argument that one of the exceptions in s5(2H) has been enlivened. I accept that you have an intellectual disability. You have a full-scale IQ of 67. Dr Treeby believes that your intellectual disability operated at the time of your offending.[13] He also concluded that methamphetamine and cannabis consumption were the principal drivers of your offending, based on what you told him.[14] Mr Cummins did not say how your intellectual disability contributed to your offending, but adopted
Dr Treeby’s opinion that your drug consumption influenced your offending.[15] I am unable to conclude that s(2H)(c)(i) is enlivened.
[13] Treeby Report (n 2) 12 [59].
[14] Ibid, 5-6 [27]-[28], 12 [63].
[15] Cummins Report (n 1) 10 [72].
73
As to whether your impaired mental functioning would result in you being subject to a substantially and materially greater than ordinary burden of imprisonment,
Mr Cummins diagnosed you with Complex PTSD, and said the symptoms substantially impaired your functioning.[16] He thinks you require intensive and ongoing treatment for this condition, and that you are unlikely to receive such treatment in prison. He did not say why. He also believes your mental health is likely to deteriorate if sentenced to a further term of imprisonment.[17] Dr Treeby diagnosed you with an intellectual disability which places you in the bottom one percent of the population, however this would not make your time in custody more burdensome than an individual in good health.[18] He believes that your intellectual impairment causes “significant difficulties” in the community.[19] Dr Treeby also believes that your Major Depressive Disorder may compromise your ability to manage adversity in custody, and that you would benefit from targeted intervention.[20] Neither of these opinions sufficiently meet the test for s (2H)(c)(ii) and that exception is not engaged.
[16] Ibid, 9 [64].
[17] Ibid, 11 [80].
[18] Treeby Report (n 2) 11 [57], 14 [73].
[19] Ibid, 12 [60]-[62].
[20] Ibid, 14 [74].
74As to s5(2H)(e), this submission was based on your personal background and difficulties. You have experienced trauma and social disadvantage throughout your upbringing. Sadly, that is neither exceptional nor rare. Given the extremely high threshold of this section’s test, I cannot find that this section is enlivened.
75You need to be deterred from committing crimes which expose innocent strangers to the risk of serious injury or worse. You need to be deterred from breaking into businesses and helping yourself to whatever you can cart away. You need to be deterred from stealing the property of others who work to buy what they own. But far more seriously, you need to be deterred from taking out your frustration, boredom or impotent rage on police officers whose lives you gravely jeopardised. Others in the community need to know that if they conduct themselves with a similarly contemptuous disregard for the lives of officers endeavouring to keep the community safe from harm, they will lose their liberty too. Your conduct needs to be denounced. The community needs to be protected from you. Unfortunately, you do not appear to have the skills or insight to regulate your conduct or to exercise sound judgment, especially when abusing drugs. You are still young. Maybe these skills can be acquired.
76I have had regard to the principles of totality and parsimony in determining cumulation. Your rehabilitation has been provided for by the non-parole period I intend to fix.
Sentence
77Mr Buckingham please stand.
78On Charge 1, Theft, you are convicted and sentenced to one month gaol.
79On Charge 2, Theft, you are convicted and sentenced to 14 days gaol.
80On Charge 3, Burglary, you are convicted and sentenced to 12 months gaol.
81On Charge 4, Theft, you are convicted and sentenced to 14 days gaol.
82On Charge 5, Damaging Property, you are convicted and sentenced to one month gaol.
83On Charge 6, Attempted Burglary, you are convicted and sentenced to nine months gaol.
84On Charge 7, Burglary, you are convicted and sentenced to 10 months gaol.
85On Charge 8, Theft, you are convicted and sentenced to one month gaol.
86On Charge 9, Theft, you are convicted and sentenced to three months gaol.
87On Charge 10, Damaging Property, you are convicted and sentenced to four months gaol.
88On Charge 11, Aggravated Intentionally Exposing an Emergency Worker to Risk by Driving, you are convicted and sentenced to 24 months gaol.
89On Charge 12, Burglary, you are convicted and sentenced to nine months gaol.
90On Charge 13, Theft, you are convicted and sentenced to seven days gaol.
91On Charge 14, Theft, you are convicted and sentenced to six months gaol.
92On Charge 15, Burglary, you are convicted and sentenced to 10 months gaol.
93On Charge 16, Damaging Property, you are convicted and sentenced to four months gaol.
94On Charge 17, Theft, you are convicted and discharged.
95On Charge 18, Theft, you are convicted and sentenced to eight months gaol.
96On Charge 19, Theft, you are convicted and sentenced to eight months gaol.
97On Charge 20, Attempted Burglary, you are convicted and sentenced to eight months gaol.
98On Charge 21, Damaging Property, you are convicted and sentenced to one month gaol.
99On Charge 22, Aggravated Intentionally Exposing an Emergency Worker to Risk by Driving, you are convicted and sentenced to 30 months gaol.
100On Charge 23, Dangerous Driving while Pursued by Police, you are convicted and sentenced to nine months gaol.
101On Charge 24, Aggravated Intentionally Exposing an Emergency Worker to Risk by Driving, you are convicted and sentenced to 30 months gaol.
102On Charge 25, Conduct Endangering Persons, you are convicted and sentenced to nine months gaol.
103On Summary Charge 1, Unlicensed Driving, you are fined $300.
104On Summary Charge 6, Fail to Stop Vehicle on Direction of Police, you are fined $500.
105On Summary Charge 36, Unlicensed Driving, you are fined $500.
106On Summary Charge 39, Unlicensed Driving, you are fined $600.
107On Summary Charge 57, Fail Oral Fluid Test within three Hours of Driving, you are fined $600.
108The sentence for Charge 22 is the base sentence. I order that three months of Charge 3, one month of Charge 7, 12 months of Charge 11, one month of Charge 12, one month of Charge 15, one month of Charge 20, one month of Charge 23 and 12 months of Charge 24 be served cumulatively upon the sentence for Charge 22 and cumulatively upon each other, producing a head sentence of five years, two months. I fix a non-parole period of two years, 10 months.
109You have served 453 days presentence detention, and I declare them as time served against this sentence.
110Pursuant to s 89(1) and (2) of the Sentencing Act 1991, following your convictions on Charge 11, 22 and 24 I order that your driver’s licence or permit be cancelled and you are disqualified from obtaining a new licence for 36 months. Pursuant to s89(3), following your conviction on Charge 23 you are disqualified from obtaining a new licence or permit for 18 months and pursuant to s89(4), following your conviction for the charges of theft of a motor vehicle (Charges 14, 17, 18 and 19) you are disqualified for a period of six months. Following your conviction for the charge of fail oral fluid test (summary Charge 57), you are disqualified for a period of six months and for the charge of failing to stop on police direction (summary Charge 6) you are disqualified for six months.
111A Disposal Order has been sought for cigarettes, a machete and its sheath, a pair of ASIC shoes, a carjack and a phone. This application not being opposed, I make the order in the terms sought by the Prosecution.
112Pursuant to s6AAA of the Sentencing Act 1991, I declare that but for your pleas of guilty I would have imposed a sentence of eight years with a non-parole period of five years and five months.
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