Director of Public Prosecutions v Burke
[2022] VCC 1355
•24 August 2022
| IN THE COUNTY COURT OF VICTORIA | Revised (Not) Restricted Suitable for Publication | |
AT Melbourne
CRIMINAL DIVISION
CR 21-02631
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| JACOB BURKE |
---
JUDGE: | HIS HONOUR JUDGE LACAVA | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 8 August 2022 | |
DATE OF SENTENCE: | 24 August 2022 | |
CASE MAY BE CITED AS: | DPP v Burke | |
MEDIUM NEUTRAL CITATION: | [2022] VCC 1355 | |
REASONS FOR SENTENCE
Subject : multiple charges of theft, burglary, handling stolen goods and others.
Sentence : 5 and ½ years imprisonment with a non parole period 3 years and 4 months.
---
APPEARANCES: | Counsel | Solicitors |
| For the Director of Public Prosecutions | Mr Philip Teo for plea Ms R. Marques for sentence | |
| For the Accused | Mr James Portelli for plea Ms I. Johnson for sentence |
HIS HONOUR:
1You have pleaded guilty to 53 charges contained in indictment L13006937. You have also pleaded guilty to 19 related summary charges and through your counsel you have consented to having those summary charges dealt with by me in this court.
2Dealing with the indictable matters first. Thirty-seven (37) of those charges are charges of theft (Charges 1-11, 14-18, 22-23, 26, 28-30, 34-37, 39, 41-43 and
45-51). The maximum penalty for theft is imprisonment for 10 years.3Charges 12, 38, 40 and 44 are each charges of attempting to obtain a financial advantage by deception. The maximum penalty for this offence is imprisonment for five years. Charges 13 and 20 are each charges of obtaining property by deception for which the maximum penalty is imprisonment for 10 years.
4Charge 33 is a charge of obtaining financial advantage by deception for which the maximum penalty is also imprisonment for 10 years.
5Charges 19, 21, 27 and 52 are each charges of handling stolen goods for which the maximum penalty is imprisonment for 15 years.
6Charges 24 and 32 are each charges of burglary for which the maximum penalty is imprisonment for 10 years.
7Charge 25 is a charge of theft of a firearm for which the maximum penalty is imprisonment for 15 years.
8Charge 31 is a charge of criminal damage for which the maximum penalty is imprisonment for 10 years.
9Charge 53 is a charge of reckless exposure of an emergency worker to risk by driving. The maximum penalty for this offence is imprisonment for 10 years. This is a category 2 offence for the purposes of the Sentencing Act 1991 ('the Act') enlivening s5(2H) and I must impose a term of imprisonment. Further s16(3D) applies with the effect that any term of imprisonment imposed on this charge must be served cumulatively upon the sentences imposed on any other charges unless I otherwise direct.
10I turn to the Related Summary Charges. Charges 5, 34, 49, 62, 66, 72, 80, 82, 94, 129, 137, 150, 156, 160, 189 and 213 (17 charges) are each a summary offence of committing an indictable offence whilst on bail for which the maximum penalty is three months' imprisonment.
11Summary Charge 12 is a charge of drive whilst disqualified for which the maximum penalty is imprisonment for two (2) years.
12Summary charge 154 is a charge of trespass to property for which the maximum penalty is imprisonment for six (6) months.
13As can be seen from the maximum penalties that apply for the crimes you have pleaded guilty to, these are serious matters. Your offending was prolific and extended between 25 July 2020 and 23 December 2020. It all occurred in the context of your long term drug addiction and is explained by your need to finance your drug addiction. That in part explains your offending but it does not excuse it.
14You were born in January 1995. At the time of your offending you were aged 25 years. You have admitted a reasonably lengthy criminal history from nine previous court appearances. You have also admitted a poor driving record. You have prior convictions for drug offences, driving offences, dishonesty offences, offences involving violence. In the past you have been afforded non-custodial dispositions by way of Community Corrections Orders which you have breached.
15The circumstances of your offending are summarised in a prosecution opening in writing dated 20 July 2022. That document was relevantly read in open court by the learned prosecutor, Mr Teo. Your counsel Mr Portelli, agreed that the prosecution opening was accurate and forms a proper factual basis upon which I can proceed to pass sentence upon you for these crimes. In those circumstances it is not necessary that I here repeat in full all that is contained in the prosecution opening, and I do so only in an abbreviated way. These sentencing remarks should, however, be read in conjunction with that which is contained in the written prosecution opening which I marked as Exhibit A on the plea.
16On 25 July you stole a Jaguar motor vehicle (Charge 1). You also stole the wallet of the owner that was inside the vehicle (Charge 2). You took the Jaguar to a service station and filled it with petrol and drove off without paying (Charge 3). The Jaguar was recovered the following day.
17On 12 October you stole another vehicle, a Ford Falcon (Charge 4). You took the Ford Falcon to a service station and filled it with petrol and drove off without paying (Charge 5). The Ford Falcon was recovered.
18Eight days later on 23 October you again stole the same Ford Falcon vehicle (Charge 6). On the same day you took the Ford Falcon to a service station and filled it with petrol and drove off without paying (Charge 7). The Ford Falcon was not recovered a second time.
19On 20 November 2020 you committed a number of thefts from vehicles in the Gisborne area. You stole a wallet containing cards and personal identification from a Nissan Navara (Charge 8). Later you stole a bank card, driver's licence and other items from a Toyota Hi Lux (Charge 9). Later you stole loose change from a Kia Rio (Charge 10) and then a security card and cash from a Volvo sedan (Charge 11).
20Later in the day you attempted to use the credit card that you had stolen from the Toyota Hi Lux the subject of Charge 9 to purchase gift cards. The bank declined the transactions (Charge 12) (Related Summary Charge 137).
21On 24 November you used the driver's licence that you had also stolen from the Toyota Hi Lux the subject of Charge 9 as false identification to bring about the sale of a mobile phone for which you had received $450 from a buyer but you did not supply a mobile phone (Charge 13)* (Related Summary Charge 34).
22Between 30 November and 3 December 2020 at Carlsruhe you stole a 2003 Holden Commodore vehicle belonging to one Michael Brophy (Charge 14).
23In the early hours of 3 December 2020 you committed a number of thefts in the Sunbury area all within walking distance of each other. On 3 December 2020 you stole a Mercedes Benz Vito Van (Charge 15).* It has not been recovered. Later that morning you broke into a SsangYong station wagon and you stole coins and glasses, (Charge 16). A little later you broke into a Toyota Aurion from which you stole coins (Charge 17), and then you broke into a Toyota station wagon from which you stole coins and gift cards (Charge 18).
24
Also on 3 December 2020 you had in your possession a nail gun that had been stolen and valued at $1,000. (Charge 19) (Related Summary Charge 49). You sold that gun for the sum of $50 (Charge 20). When you did so you produced false identification namely a photo of a Victorian driver's licence in the name of
Gregory Afamasaga which had been altered to display your photo (Charge 21).
25
On 6 December 2020 you stole a blue Holden Commodore station wagon
(Charge 22).
26On 8 December 2020 you drove the Holden Commodore the subject of Charge 22 to a service station in Sunbury. You put $50 worth of petrol into the car and drove off without paying (Charge 23) (Related Summary Charge 66). Later that day you entered the Taradale Service Station in the same car. You put $9.11 worth of petrol into the car and drove off without paying (Charge 26). Soon after police attempted to stop you in the Commodore vehicle by employing chop sticks which deflated one tyre. The vehicle was found abandoned at Pipers Creek Road. Police located a number of items within the vehicle that had been stolen and retained by you (Charge 27) (Related Summary Charge 150).
27Shortly after you abandoned the Commodore you were seen on CCTV at a property nearby at Institute Road Carlsruhe. You smashed a window and accessed a house at the property. You there stole numerous power tools, pottery, pieces of art and other personal items as well as 250 rounds of ammunition (Charge 24)* (Related Summary Charge 62).
28Whilst inside the house you smashed a wall to gain access to a firearms safe which you forced open. You stole three firearms, a Kral AV 12 gauge shotgun, a CZ rimfire rifle and a Sportco Omark rimfire rifle (Charge 25)*. This is a rolled up charge of theft of firearms. The firearms have not been recovered.
29On 8 December 2020 you stole petrol belonging to James Fisher (Charge 26).
30
On 9 December 2020 at 7 am, you stole a set of car keys belonging to a
Toyota Land Cruiser (Charge 30) (Related Summary Charge 156).
31At 9.17 am you drove a Holden Commodore station wagon to a service station in Sunbury. You put $80 worth of petrol into the car and drove off without paying (Charge 29).
32The same day you stole number plates TZI 237 which you fitted to another vehicle (Charge 28).
33On 10 December 2020 you damaged the gates to a property at Kerrie which you accessed without permission (Charge 31 and Related Summary Charges 72 and 154).
34On 11 December 2020 you entered a property at 994 Pipers Creek Road, Carlsruhe with intent to steal (Charge 32)* (Related Summary Charge 80).
35
On 15 December 2020 you used false identification created by you to open a mobile phone account with Vodaphone (Charge 33) (Related Summary
Charge 82).
36On 16 December 2020 you committed a number of thefts in Mernda. You stole a headtorch from a vehicle (Charge 35). You stole a laptop, fuel card and iPad from another vehicle (Charge 36). You stole $185 cash, credit cards, a driver's licence, an iPad and other items (Charge 37).
37You stole a purse from a Kia Rio motor vehicle. (Charge 34).
38At 7.47 am you hailed a taxi in Mernda and attempted to pay the fare with a stolen credit card which was declined (Charge 38) (Related Summary Charge 94).
39On 19 December 2020 you used stolen credit cards and a false email account as identification to apply for a credit facility valued at $20,000 (Charge 44)* (Related Summary Charge 160).
40On 17 December 2020 you broke into a Toyota HiLux vehicle and stole a driver's licence (Charge 39). You then set up a false email account in the name of the holder of that driver's licence and applied online to Heritage Bank for a loan of $49,000. The application was stopped by police (Charge 40)* (Related Summary Charge 189).
41
On 18 December 2020 you arranged with Sunbury Ford to test drive a Ford Ranger motor vehicle. You produced a false driver's licence as identification which allowed you to take the vehicle for a test drive. You never returned the vehicle
(Charge 41)**.
42Later, you drove the Ford Ranger to a service station in Craigieburn. You put $59 worth of petrol into the car and drove off without paying (Charge 42).
43The following day you drove the Ford Ranger to a service station in Kalkallo. You put $64 worth of petrol into the car and drove off without paying (Charge 43).
44In the early hours of 22 December 2020 you committed a number of thefts in the Roxburgh Park area. You broke into a Mercedes van and stole a set of car keys and a mobile phone (Charge 46). You broke into a Toyota Corolla and stole various items and papers including an ANZ bankcard (Charge 47). You broke into a Nissan vehicle and stole a wallet (Charge 48). You broke into a Holden Astra and stole prescription medication, bank documents and assorted membership cards (Charge 49).
45Later that day you stole a Ford Falcon sedan from Craigieburn. The vehicle was recovered two days later (Charge 45).
46In the early hours of the following morning on 23 December 2020 you stole a Volkswagen Amarok in Lancefield (Charge 50). At 4.45 am you drove that stolen vehicle to a service station in Sunbury. You put $44 worth of petrol into the car and drove off without paying (Charge 51).
47Later that day you were observed by police driving the stolen Volkswagen Amarok on Kerrie Road. The police signalled to you to stop. You did not do so. Instead you drove the vehicle you were in at the police vehicle ramming it causing damage. You then drove around the police vehicle before putting your vehicle into reverse and again ramming the police vehicle (Charge 53)**.
48You then drove off at a fast rate of speed into private farms and driving through farm fences (Related Summary Charge 125 dangerous driving). Your vehicle stopped when it collided with a tree. You exited the vehicle and ran off in an attempt to flee but you were soon after apprehended bringing this long running crime spree to a halt. A number of items that were stolen by you were found in the vehicle (Charge 22) and (Related Summary Charge 213).
49
At the time you were driving whilst disqualified. (Related Summary Charge 12). Further, when you committed the charges of theft between 12 October 2020 and 23 December 2020 you did so whilst on bail. (Related Summary Charge 5). Further, on the occasions when you drove a motor vehicle between
12 October 2020 and 23 December 2020 you did so whilst disqualified from driving (Related Summary Charge 12).
50As can be seen from this offending, which extended over a period of six months, it was somewhat prolific and frenetic. Your offending shows that you were prepared to steal almost anything of value to finance a drug habit. Theft of a motor vehicle itself is a serious offence, especially where the vehicle stolen is not recovered. As is burglary of residence. The charge of theft of three firearms which also have not been recovered is a serious example of what is a serious offence.
51Although much of your offending consists of low level thefts, this kind of offending causes trouble and anxiety amongst those members of the community who are directly affected by it. Credit cards have to be cancelled. Driving licences replaced et cetera. On one level much of your offending may be considered to be of nuisance value. But on another level, because this kind of offending is so prevalent, the community has become intolerant of it and expect the courts to impose sentences that reflect denunciation.
52In passing sentence I must have regard to the sentencing principles of deterrence (both general and specific), denunciation, protection of the public and just punishment. Further, because of the sheer number of offences I must have regard to totality. All these sentencing principles must be taken into account in arriving at an overall just and fair sentencing of you.
53
You were arrested and charged on 23 December 2020 when you were remanded into custody. You have served 605 days in custody on remand by way of
pre-sentence detention. All of your time in custody has been served during the COVID-19 pandemic which has resulted in prison being more onerous and burdensome than it normally would be. I accept that the further period of imprisonment you will be required to serve because of the sentence I will impose will likely also be served during restrictions within the prison on account of
COVID-19. Prisons have been subject to lockdowns and movements within the prison restricted. There has been limited opportunity to exercise and undertake programs and prison visits have been either non-existent or, at best restricted. To your credit you have completed what courses have been available to you whilst on remand, Exhibit 5.
54
There were four committal case conferences in the Magistrates' Court between May and October 2021. Save for six charges the matter resolved on
4 November 2021. There was a committal hearing relating to the six unresolved charges and you were committed to this court on 9 December 2021. The charges finally resolved into the charges before me on 11 March 2022 and you were arraigned pleading guilty to the charges on 30 March 2022.
55You have pleaded guilty to the charges and that is very much to your credit. Although you did not plead guilty at the earliest possible opportunity I nevertheless treat you as having pleaded guilty at an early time. By pleading guilty you have saved the time and cost of a trial and summary hearings.
56Further, your pleas of guilty to the charges are especially important in the present environment where this court is faced with a considerable backlog in criminal trials because of the COVID-19 pandemic. By pleading guilty you have not contributed to that backlog and you are entitled to a significant reduction in sentence for having done so. See R v Worboyes [2021] VSCA 169 recently reinforced by the joint judgement of Justices of Appeal Priest and Forrest in Barnard (a pseudonym)
v R [2022] VSCA 42 at [18].57By pleading guilty to the charges, you have accepted responsibility for your offending and you have advanced the administration of justice. For that you are entitled to, and will receive, a reduction in sentence and this will be reflected in the overall sentence that I will soon impose. Your pleas of guilty also signify remorse for this offending which I have taken into account.
58Your counsel submitted there should be a reduction in sentence because of delay. In all the circumstances of this case I reject that submission.
59I turn to some matters personal to you and to your background.
60Your counsel Mr Portelli filed a helpful written outline of his submissions which I marked as Exhibit 1 on the plea. At the outset Mr Portelli properly acknowledged that I must impose a total effective sentence and fix a non-parole period in the sentencing of you. He submitted that in all of the circumstances I should impose a sentence that permits you to be eligible for parole earlier than what might be considered to be usual. Put another way, a sentence that reflects the seriousness of your offending with a possible early release date that gives you the best possible chance of rehabilitation under the supervision of the Parole Board.
61You are now 27 years of age and you were aged 25 at the time of offending. I am mindful of the fact you are still a relatively youthful offender. You are one of three children and you were born and raised in Lancefield. Much of your offending took place in the general vicinity of that area.
62Your parents separated when you were aged three years. You continued to live with your mother but maintained a good relationship with your father who died when you were aged 11.
63I was told that your mother was an alcoholic who was introduced to drugs by a boyfriend. You instruct that you were effectively abandoned by your mother aged 12 when you were asked to leave the family home after an altercation with her and her then boyfriend who was physically and verbally abusive towards your mother and you and your siblings. You went to live with a friend and his family.
64You began using cannabis aged 13. You then started using methylamphetamine aged 14. You instruct you remained abstinent from ice use for about five years up until your most recent offending. This is not reflected in your criminal record. You instruct that you relapsed in 2020 due to stress caused by the COVID-19 pandemic which caused you to lose employment as a roof tiler which in turn caused tension in your relationship with your then partner Casey. You and Casey have a daughter aged five and you had a step-daughter aged eight. Casey left you with the children.
65During the offending I was told, and accept, that you were using around 2 grams of ice per day as well as 30-40 mgs of GHB. You instruct you returned to using drugs as a form of self-medication to assist with all of the stresses you were then under. It is conceded you engaged in the offending to fund your drug use and somewhere to sleep. I accept this explains your offending but it does not excuse it.
66I was told you admitted yourself into a Frankston hospital in October 2020 due to experiencing suicidal ideation and thoughts of self-harm. There is no documentary evidence of this.
67
In custody you are using prescribed anti-depressant mirtazapine 60 mg at night as well as monthly buprenorphine injections having recently transferred from methadone. I accept you have remained drug free in a custodial setting.
Exhibit 6 certificates of negative urine screens.
68Your counsel told me you are determined to remain drug free. Your motivation to remain so is to be reunited with your daughter who is presently cared for by her maternal grandparents pursuant to a protection order. You plan to return to work as a sub-contract roof tiler. You plan to live with your mother and siblings in Albanvale upon release from prison. Whilst your plans are good, they are just plans. It is yet to be seen whether you can remain drug free when released. You are a long term drug user. Because of that, at this time, I think your prospects for rehabilitation are at best guarded. You will need assistance to rid yourself of drugs when released from prison.
69I received into evidence a reference filed on your behalf from Brooke Hessey (Exhibit 4). She is a friend of long standing who attests to your being generally a good and caring and hard working person who has always helped people. She explains you at the age of 18 you used an inheritance from your late father to repay people and how you have always supported your mother who at the age of 12 left you homeless. She told me and I accept you are remorseful for your offending. I accept what she says about you and I have taken it into account.
70I also received a reference from your sister Jessica (Exhibit 3). She also attests to your remorse and your determination as expressed to her to turn your life around.
71In passing sentence upon you I have taken into account all of the factors submitted on your behalf in applying the sentencing principles that I have set out above.
72On Charge 1, theft of a motor vehicle, you are convicted and sentenced to a term of imprisonment of six months.*
73On Charge 2, theft of a wallet, you are convicted and sentenced to a term of imprisonment of one month.
74On Charge 3, theft of petrol, you are convicted and sentenced to a term of imprisonment of one month.
75On Charge 4, theft of a motor vehicle, you are convicted and sentenced to a term of imprisonment of six months.
76On Charge 5, theft of petrol, you are convicted and sentenced to a term of imprisonment of one month.
77On Charge 6, theft of a motor vehicle, you are convicted and sentenced to a term of imprisonment of 12 months.*
78On Charge 7, theft of petrol, you are convicted and sentenced to a term of imprisonment of one month.
79On Charge 8, theft of a wallet, you are convicted and sentenced to a term of imprisonment of one month.
80On Charge 9, theft of a bank card, driver's licence and other items you are convicted and sentenced to a term of imprisonment of one month.
81On Charge 10, theft of cash, you are convicted and sentenced to a term of imprisonment of one month.
82On Charge 11, theft of a security card you are convicted and sentenced to a term of imprisonment of one month.
83On Charge 12, attempt to obtain financial advantage by deception you are convicted and sentenced to a term of imprisonment of three months.
84On Charge 13, obtaining property by deception, you are convicted and sentenced to a term of imprisonment of three months.
85On Charge 14, theft of a motor vehicle, you are convicted and sentenced to a term of imprisonment of six months.
86On Charge 15, theft of a motor vehicle, you are convicted and sentenced to a term of imprisonment of six months.
87On Charge 16, theft of cash and sunglasses, you are convicted and sentenced to a term of imprisonment of six months.
88On Charge 17, theft cash, you are convicted and sentenced to a term of imprisonment of one month.
89On Charge 18, theft of cash and gift cards, you are convicted and sentenced to a term of imprisonment of one month.
90On Charge 19, retention of stolen goods, you are convicted and sentenced to a term of imprisonment of one month.
91On Charge 20, obtaining property by deception, you are convicted and sentenced to a term of imprisonment of one month.
92On Charge 21, retention of stolen goods, you are convicted and sentenced to a term of imprisonment of one month.
93On Charge 22, theft of the motor vehicle, you are convicted and sentenced to a term of imprisonment of six months.
94On Charge 23, theft of petrol, you are convicted and sentenced to a term of imprisonment of one month.
95On Charge 24, burglary, you are convicted and sentenced to a term of imprisonment of one year.
96On Charge 25, theft of firearms, you are convicted and sentenced to a term of imprisonment of 18 months.
97On Charge 26, theft of petrol, you are convicted and sentenced to a term of imprisonment of one month.
98On Charge 27, retention of stolen goods, you are convicted and sentenced to a term of imprisonment of three months.
99On Charge 28, theft of registration plates, you are convicted and sentenced to a term of imprisonment of one month.
100On Charge 29, theft of petrol, you are convicted and sentenced to a term of imprisonment of one month.
101On Charge 30, theft of car keys, you are convicted and sentenced to a term of imprisonment of one month.
102On Charge 31, criminal damage, you are convicted and sentenced to a term of imprisonment of three months.
103On Charge 32, burglary, you are convicted and sentenced to a term of imprisonment of one year.
104On Charge 33, obtaining a financial advantage by deception, you are convicted and sentenced to a term of imprisonment of three months.
105On Charge 34, theft of a purse you are convicted and sentenced to a term of imprisonment of one month.
106On Charge 35, theft of a head torch, you are convicted and sentenced to a term of imprisonment of one month.
107On Charge 36, theft of the laptop, fuel card and iPad, you are convicted and sentenced to a term of imprisonment of three months.
108On Charge 37, theft of cash, bank cards, driver's licence & iPad, you are convicted and sentenced to a term of imprisonment of three months.
109On Charge 38, attempting to obtain a financial advantage by deception, you are convicted and sentenced to a term of imprisonment of one month.
110On Charge 39, theft of a driver's licence, you are convicted and sentenced to a term of imprisonment of one month.
111On Charge 40, attempting to obtain a financial advantage by deception, you are convicted and sentenced to a term of imprisonment of one year.
112On Charge 41, theft of a motor vehicle, you are convicted and sentenced to a term of imprisonment of one year.
113On Charge 42, theft of petrol, you are convicted and sentenced to a term of imprisonment of one month.
114On Charge 43, theft of petrol, you are convicted and sentenced to a term of imprisonment of one month.
115On Charge 44, attempting to obtain financial advantage by deception, you are convicted and sentenced to a term of imprisonment of one year.
116On Charge 45, theft of a motor vehicle, you are convicted and sentenced to a term of imprisonment of six months.
117On Charge 46, theft of a mobile phone and car keys, you are convicted and sentenced to a term of imprisonment of three months.
118On Charge 47, theft of various items, you are convicted and sentenced to a term of imprisonment of two months.
119On Charge 48, theft of a wallet and assorted personal cards, you are convicted and sentenced to a term of imprisonment of one month.
120On Charge 49, theft of prescription medication packets, bank documents and assorted cards, you are convicted and sentenced to a term of imprisonment of three months.
121On Charge 50, theft of a motor vehicle, you are convicted and sentenced to a term of imprisonment of six months.
122On Charge 51, theft of petrol, you are convicted and sentenced to a term of imprisonment of one month.
123On Charge 52, retention of stolen goods, you are convicted and sentenced to a term of imprisonment of one month.
124On Charge 53, recklessly exposing emergency workers to risk by driving a motor vehicle, you are convicted and sentenced to a term of imprisonment of one year.
125On Related Summary Charges 5, 34, 49, 62, 66, 72, 80, 82, 94, 129, 137, 150, 156, 160, 189 and 213 you are convicted and sentenced to an aggregate sentence of three months' imprisonment.
126On Related Summary Charge 12, drive whilst disqualified, you are convicted and sentenced to a term of imprisonment of three months.
127On Related Summary Charge 125, dangerous driving, you are convicted and sentenced to a term of imprisonment of six months.
128On Related Summary Charge 154, trespass, you are convicted and sentenced to a term of imprisonment of one month.
129I direct that the sentences imposed on Charge 53, three months of the sentences imposed on Charges 1, 24, 32 and Related Summary Charges 125 and six months of the sentences imposed on Charges 6, 40, 41 and 44 each accumulate upon the sentence imposed on Charge 25 making a total effective sentence of five and a half years' imprisonment.
130I direct that you serve a minimum term of three years and four months' imprisonment before being eligible for release on parole.
131I declare there has been 605 days pre-sentence detention already served, of the sentences past this day, and I direct that 605 days be reckoned as having been already served, be entered into the records of the court, and be deducted administratively.
132For the purposes of s6AAA of the Sentencing Act 1991, had you not pleaded guilty to the charges, I would have imposed a total effective sentence of eight (8) years' imprisonment and I would have fixed a minimum term of six and a half years' imprisonment before which you would have been eligible for release on parole.
133For each charge of theft of the motor vehicle for which you have been convicted the court must cancel any licence that you hold to drive a motor vehicle. Further, having convicted you of Charge 53 which is a serious motor vehicle offence for the purposes of s87P of the Sentencing Act 1991 I must also must cancel any licence that you hold to drive a motor vehicle and disqualify you from driving for a period of at least two years.
134Accordingly, any licence that you hold to drive a motor vehicle is cancelled and you are disqualified from holding a driving licence for a period of two years.
135I have been asked to sign forfeiture and disposal orders which were not opposed and I will sign the drafts submitted. Any questions arising out of that?
136MS MARQUES: No, Your Honour
0
2
0