Director of Public Prosecutions v Cameron

[2024] VCC 1550

IN THE COUNTY COURT OF VICTORIA

AT MELBOURNE

CRIMINAL JURISDICTION

Revised

Not Restricted

Suitable for Publication

CR 23-01454

DIRECTOR OF PUBLIC PROSECUTIONS

v

LOCHIEL CAMERON

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JUDGE:	HIS HONOUR JUDGE CHETTLE
WHERE HELD:	Melbourne and Shepparton
DATE OF HEARING:	3 October 2024
DATE OF SENTENCE:	3 October 2024
CASE MAY BE CITED AS:	DPP v Cameron
MEDIUM NEUTRAL CITATION:	[2024] VCC 1550

REASONS FOR SENTENCE

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Subject:  CRIMINAL LAW SENTENCE

Catchwords:             Sentencing – dangerous driving causing death – plea of guilty

Legislation Cited:     Sentencing Act 1991; Road Safety Act 1986

Cases Cited:            Buckley [2022] VSCA 138; Boulton [2014] VSCA 342

Sentence:Community Corrections Order – 2 years, 300 hours unpaid community service. Licence cancelled and disqualified for 18 months.

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms C. Parkes	Ms J. Deppeler, Office of Public Prosecutions
For the Accused	Mr M. McGrath	Ms L. Conwell, Stary Norton Halphen

HIS HONOUR:

1Lochiel Cameron, you have pleaded guilty after a sentence indication hearing to one charge of dangerous driving causing death.  You were driving your employer's Ford Ranger utility in Melville Road, Brunswick West, on 1 March 2023.  You had made a right-hand turn into Melville Road from Hope Street and collided with an 82-year-old, Mr Peter Storer, who was crossing Melville Road with the green pedestrian lights.  Mr Storer died from the injuries he sustained.

2The full facts of your offending are set out in Exhibit B, the prosecution opening.  I was informed by your counsel that I could treat that document as an agreed statement of fact.  I incorporate it into these reasons for sentence, and I sentence you on the basis of the facts set out therein.

3Victim impact statements were tendered and read to the court this morning on behalf of Mr Storer's daughter and granddaughters.  He was clearly a
much-loved father, grandfather and great-grandfather.  I take those victim impact statements into account in sentencing you, and as I said, road deaths are tragic, horrific, and the effects are far-reaching for many people.

4As demonstrated by Exhibit E, the Victoria Police intelligence summary, subsequent investigations determined that the intersection of Melville Road and Hope Street has a history of similar incidents.  The prosecution accepted that the issues with the intersection, as outlined by Mr Keramidas in his report, Exhibit 3, contributed to the collision and bear upon the court's assessment of your moral culpability.

5Your personal history is set out in Exhibit 1, your counsel's submission, and Exhibit 2, the psychological report of Gina Cidoni.  You are now aged 28 years of age, being born on 11 November 1995 in Devonport, Tasmania.  You grew up and were educated there.  After completing Year 12, you commenced but did not complete a science degree at the University of Tasmania.  You commenced employment with Hydroflow, your current employer, during your participation in that course.

6You subsequently moved to Adelaide and then to Melbourne in October 2022 as a service technician and account manager with that company.  You have a lengthy driving history, driven thousands of hours and, apart from a minor speeding infringement, have no criminal or driving offending history.  You are in a relationship and live with your partner in Oakleigh.

7You experienced significant distress as a result of your involvement in this collision.  You have been extremely remorseful for Mr Storer's death and have sought psychological assistance to assist with the impact of the collision upon you.  It is accepted that your moral culpability falls at the low end for offences of dangerous driving causing death.  You simply failed to see Mr Storer.  Your plea of guilty acknowledges that you should have seen him.

8Issues with the intersection, obstruction of your view by the A-pillar of your vehicle and Mr Storer's small stature may all have relevance as to why this collision occurred and why you failed to see Mr Storer.  There is no suggestion that you were speeding or using drugs or alcohol, nor were you
sleep-deprived or driving in an erratic or aggressive manner.  Your conduct did not involve any wilful disregard to the safety and welfare of others on the road; that is, you did not knowingly take any risk, which all too often accompanies cases of the sort of yours.

9Dangerous driving causing death is a category 2 offence as set out in the Sentencing Act 1991. The court must impose a custodial sentence unless the criteria set out in s 5(2H) of the Sentencing Act are established.  The provision reads:

In sentencing an offender for a category 2 offence, a court must make an order under Division 2 of Part 3 (other than a sentence of imprisonment imposed in addition to making a community correction order in accordance with s 44) unless and there are a number of sub-conditions, relevantly in your case (e), there are substantial and compelling circumstances that are exceptional and rare and that justify not making an order under Division 2 of Part 3.[1]

[1] Additional comments italicised.

10An order under Division 2 of Part 3 is an order of a term of imprisonment with a minimum term, not a combination sentence.

11It is clear that the test required to be satisfied is an extremely onerous one.  The Court of Appeal in Buckley [2022] VSCA 138 described the requirement as almost impossible to satisfy. At paragraph 14 of that judgment, the court said:

This blunt, oppressive sentencing regime is contrary to the public interest and incompatible with modern sentencing jurisprudence.

12Factors that are common cannot be relied upon even if failure to recognise those factors causes an injustice to an individual and disservice to the community.[2]

[2]Buckley [2022] VSCA 138.

13In determining whether there are substantial and compelling circumstances, I am obliged to regard general deterrence and denunciation of your conduct as having greater importance than other sentencing purposes.  I must give less weight to your personal circumstances and must not have regard to your previous good character, other than your lack of prior convictions, your early plea of guilty, your good prospects for rehabilitation nor parity with other sentences.

14I understand and accept that it is Parliament's intention that ordinarily a term of imprisonment with a minimum term should be imposed for offences such as yours.  I am, however, of the view in your case that the cumulative impact of the circumstances in your case justify a departure from such a sentence.

15The substantial and compelling circumstances in your case are, in my view, exceptional and rare.  In combination, they justify a non-custodial sentence.  Firstly, because of the unknown issues with the intersection, your moral culpability is at the lowest level possible for an offence of dangerous driving causing death.  The prosecution conceded as much.  Secondly, there is a complete absence of aggravating factors such as speed, aggressive driving, involvement of drugs and alcohol or fatigue.  Thirdly, you pleaded guilty when you had a realistic and arguable defence to this charge.  Fourthly, you have no prior criminal history.  Fifthly, your genuine and sincere remorse, as demonstrated during the court proceedings when you pleaded guilty and attested to in the references and the psychological report tendered, are factors I take into account.  Sixthly, the concession by the prosecution at paragraph 25 of their submissions is itself an exceptional circumstance:

It is accepted by the prosecution that it would be open to the court to find that the circumstances of this particular case, in combination, are substantial and compelling and exceptional and rare such as to justify not imposing a term of imprisonment.

16As I said, such a concession is itself alone exceptional and rare and, in my view, was properly made in your case.

17The Court of Appeal has determined that a combination of factors can be relied upon to satisfy s 5(2H)(e). In my view, these factors outlined, in combination, justify the court imposing a non-custodial sentence in your case. I have come to this conclusion without having regard to the impressive character evidence in your case nor your excellent prospects of rehabilitation.

18Having come to that conclusion, as I have, in relation to s 5(2H)(e), your good character, plea of guilty and prospects of rehabilitation are relevant to the determination of an appropriate sentence in your case. The consequences of your failure to see Mr Storer were horrific – a well-loved man was tragically killed – but consequences alone cannot dictate imprisonment. A life has been lost, and family members are devastated, but by the events of 1 March 2023 you too have been significantly affected. No sentence that I can impose will change what occurred that day.

19The Court of Appeal has made it clear that a properly structured community corrections order can satisfy all sentencing dispositions, and you can be properly punished by such a disposition.[3]

[3]Boulton [2014] VSCA 342.

20On the one charge of dangerous driving causing death, you are convicted, and you are sentenced to undergo a two-year community corrections order.  Apart from the core conditions, I order that you perform 300 hours of unpaid community work.  I am required to cancel any licence held by you under the Road Safety Act 1986, and you are disqualified from obtaining such a licence for 18 months from today. You must report to the Moorabbin Community Corrections Centre within 48 hours of today.

21But for your plea of guilty, I indicate pursuant to s 6AAA of the Sentencing Act, had you been convicted of this offence, I would have imposed a term of imprisonment with a non-parole period.

22Are there any other orders required?

23MS PARKES:  No, Your Honour.

24HIS HONOUR:  What has happened to the summary charges, Ms Parkes?

25MS PARKES:  We filed a notice of related summary offence withdrawing the charges, Your Honour.

26HIS HONOUR:  Yes, you have withdrawn them, thank you.

27MS PARKES:  Yes, yes.

28HIS HONOUR:  All right, thank you.  I will terminate the links.

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