Director of Public Prosecutions v Carpio
[2022] VCC 2323
•15 December 2022
| IN THE COUNTY COURT OF VICTORIA | Revised Not Restricted Suitable for Publication |
AT LATROBE VALLEY
CRIMINAL JURISDICTION
CR-22-01352
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| LACHLAN CARPIO |
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JUDGE: | HIS HONOUR JUDGE CARMODY |
WHERE HELD: | Latrobe Valley |
DATE OF HEARING: | 12 December 2022 |
DATE OF SENTENCE: | 15 December 2022 |
CASE MAY BE CITED AS: | DPP v Carpio |
MEDIUM NEUTRAL CITATION: | [2022] VCC 2323 |
REASONS FOR SENTENCE
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Subject: CRIMINAL LAW – Sentence
Catchwords: Burglary – theft – aggravated burglary – theft of firearm – dangerous driving while pursued by police – make threat to inflict serious injury – armed robbery – conduct endangering person – conduct endangering life – aggravated offence of intentionally exposing an emergency – worker to risk by driving – prohibited person possess a firearm – single handed crime spree
Legislation Cited: Criminal Procedure Act 2009; s145, s242
Cases Cited: Worboyes v R [2021] VSCA 169; R v Mills (1998) 4 VR 235
Sentence:Convicted and sentenced to six years and five months imprisonment with non-parole period of four years and six months.
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APPEARANCES: | Counsel | Solicitors |
| For the Director of Public Prosecutions | Mr A. McKenry | Director of Public Prosecutions |
For the Accused | Ms A. Addamo | Leanne Warren & Associates |
HIS HONOUR:
1Lachlan Carpio, on 12 December 2022 at the Latrobe Valley County Court you pleaded guilty to the following charges in indictment no.M12393153:
·Charge 1, burglary at Heartsridge Road in Trafalgar. This charge has a maximum penalty of 10 years imprisonment.
·Charge 2, theft of a Microsoft laptop, Apple iPad, jewellery and documents from Ms Acurso. This charge has a maximum penalty of 10 years imprisonment.
·Charge 3, theft of a Holden Rodeo Ute, registered number 1JS 6FI. This charge has a maximum penalty of 10 years imprisonment.
·Charge 4, aggravated burglary at Dunbar Road in Traralgon. This charge has a maximum penalty of 25 years imprisonment.
·Charge 5, burglary at Marshalls Road in Traralgon. This charge has a maximum penalty of 10 years imprisonment.
·Charge 6, theft of four firearms. This charge has a maximum penalty of 15 years imprisonment.
·Charge 7, aggravated burglary at Andrew Street in Morwell. This charge has a maximum penalty of 25 years imprisonment.
·Charge 8, theft of a Toyota Hilux registered number 1CP 2KK. This charge has a maximum penalty of 10 years imprisonment.
·Charge 9, burglary at Eton Avenue in Traralgon. This charge has a maximum penalty of 10 years imprisonment.
·Charge 10, aggravated burglary at Donegal Avenue in Traralgon. On that occasion you had a gun with you. This charge has a maximum penalty of 25 years imprisonment.
·Charge 11, aggravated burglary at Newry Drive in Traralgon. This charge has a maximum penalty of 25 years imprisonment.
·Charge 12, theft of Ford Ranger registered number 1IX 90X. This charge has a maximum penalty of 10 years imprisonment.
·Charge 13, dangerous driving in a police pursuit. This charge has a maximum penalty of 3 years imprisonment.
·Charge 14, theft of number plates, ZWE 998. This charge has a maximum sentence of 10 years imprisonment.
·Charge 15, threat to inflict serious injury to Mr Croxford. This charge has a maximum penalty of five years imprisonment.
·Charge 16, armed robbery of Ms Cummins. This charge has a maximum penalty of 25 years imprisonment.
·Charge 17, theft of number plates, PNY 712. This charge has a maximum penalty of 10 years imprisonment.
·Charge 18, conduct endangering a person with serious injury. This charge has a maximum penalty of five years imprisonment.
·Charge 19, armed robbery of Mr Lennard. This charge has a maximum penalty of 25 years imprisonment.
·Charge 20, conduct endangering life. This was a high speed chase. This charge has a maximum penalty of 10 years imprisonment.
·Charge 21, intentionally expose emergency worker to risk of safety to First Constable O'Hara. This charge has a maximum penalty of 20 years imprisonment.
·Charge 22, intentionally expose emergency worker to risk of safety to First Constable Ta’ufo’ou. This charge has a maximum penalty of 20 years imprisonment.
·Charge 23, aggravated burglary at a unit on St Georges Road in Traralgon. This charge has a maximum penalty of 25 years imprisonment.
·Charge 24, theft of a Hyundai Genesis, MTS 42. This charge has a maximum penalty of 10 years imprisonment.
·Charge 25, theft of petrol from a United Service Station in Traralgon. This charge has a maximum penalty of 10 years imprisonment.
·Charge 26, conduct endangering persons of serious injury. This charge has a maximum penalty of five years imprisonment.
·Charge 27, prohibited person possession of firearm. This charge has a maximum penalty of 10 years imprisonment.
2Pursuant to s145 and s242 of the Criminal Procedure Act you consented to this court hearing a total of 10 related summary charges being heard at your plea hearing. You pleaded guilty to each of the following related summary charges:
·Charge 14, fail to exchange names and addresses after an accident. This charge has a maximum penalty of one month imprisonment.
·Charge 27, resisting an emergency worker, Senior Constable Fisher. This charge has a maximum penalty of six months.
·Charge 28, attempted to escape from lawful custody. This charge has a maximum penalty of two years imprisonment.
·Charge 36, unlicensed driving. This was on 16 November 2021 at Morwell. This charge has a maximum penalty of six months imprisonment.
·Charge 50, unlicensed driving. This was on 18 November 2021 at Morwell. This charge has a maximum penalty of six months imprisonment.
·Charge 51, failing to render assistance after an accident. This charge has a maximum penalty of one month imprisonment.
·Charge 52, fail to exchange names and addresses after an accident. This charge has a maximum penalty of one month.
·Charge 53, resisting an emergency worker, First Constable Perry. This charge has a maximum penalty of six months imprisonment.
·Charge 54, driving carelessly. This charge has a maximum penalty of
25 penalty units.·Charge 56, unlawfully assaulted Mr Lennard. This charge has a maximum penalty of three months' imprisonment.
3You have admitted your prior criminal history. Your criminal history commences in Adelaide Children's Court on 22 January 2014 and continues until 6 December 2019 in the Melbourne County Court. You have three separate appearance days in New South Wales and South Australia at the Children's Court level. All charges are driving offences, dishonesty offences, police pursuit charges.
4In Victoria your criminal history commences in the Children's Court on
13 February 2014 with theft of a motor car, aggravated burglary, recklessly cause serious injury, robbery, arson, attempted armed robbery charges. You were placed in youth residential care for 12 months. You have had nine subsequent Children's Court appearances with the longest period in the YJC as 18 months. The charges are consistently violence and dishonesty charges.5On 30 January 2019, you were sentenced to three years and nine months with a two years and six month minimum term for armed robbery and carjacking and making a threat to kill charges.
6On 6 December 2019, you were sentenced for burglary and theft and your minimum term was increased to a period of two years and eight months. It was from these charges that you were released on parole on
7 September 2021, after serving 32 months of imprisonment.7It took you less than two months to commence your single handed crime spree beginning on 4 November 2021 until your arrest on 18 November 2021. You have been in custody for these charges and have served 392 days of pre-sentence detention.
Victim Impact Statements
8Two victim impact statements were filed in this case. The first statement was filed by both Mr and Mrs Shah, this was Exhibit “B”. They were the victims in charge 10 on the indictment.
9Mr Shah states they are now constantly checking the doors before they leave the house, as well as checking the camera system that they have now installed when they are away from the home. They are afraid your co-accused has not been arrested and is still in the community. Your offending has cost them the value of the items taken and the cost of the new home security system which they had put in place, and further the increase in their insurance premiums, which have gone up to the extent of $1,000 per year.
10The second victim impact statement was filed by Ms Cummins, this was Exhibit “C”. Ms Cummins was the victim of your armed robbery, being charge 16 on the indictment and is the base sentence.
11She states she is now extremely nervous and for the first few weeks was reliving the offending. She genuinely believed your threat to kill her and when it was made, she was very scared.
Your personal circumstances
12You were 22 year old at the time of the offending. You are now 23. In January 2019, you were sentenced to three years and nine months for armed robbery and related charges, and on 7 September 2021 released on parole.
13Your father died from cancer in September 2021. Your offending was for a fortnight which commenced on 4 November 2021.
14You have an intellectual disability as assessed by Dr Julia Shekleton. Her report is dated 20 March 2013, which is Exhibit 3. In a most recent report by Dr Jane Lofthouse, clinical neuropsychologist, dated 13 October 2022 and is Exhibit 2. Dr Lofthouse’s testing revealed that you have an IQ of 53. This places you as better than one per cent of the people of a similar age in the population. Dr Lofthouse assesses you to have a reading age of a 10 year old.
15You do not have an acquired brain injury according to Dr Lofthouse after her testing. You do have a normal level of what she describes as depression and in her opinion suffer severe levels of stress and anxiety.
16Dr Cunningham, a forensic psychologist whose report is dated 10 December 2018 and is Exhibit 4, has diagnosed you as suffering from PTSD which relates to your violent family upbringing.
17Your education is limited to Grade 4 at primary school. You have never attended a secondary school. Your secondary school years were partly sent in youth residence or in youth detention centres.
18Your family was constantly moving houses due to both of your parents suffering with alcohol and drug problems. You have tried all forms of drug use, commencing with alcohol, and progressing to chroming and cannabis use at age 11 years old. You have used heroin and methylamphetamine intravenously from your late teen years and onwards. The other poisons, as I describe them, include GHB, MDMA and Xanax.
19Unsurprisingly you state a history of only having one month period of employment as a brick labourer since leaving school. You are a social security recipient when you are at large in the community.
20You have an extensive and relevant criminal history. This is a reflection of your early family life and your social disadvantage.
The circumstances of your offending
21At the time of your offending you were 22 years old, you are now 23. The prosecutor tendered the Summary of Prosecution Opening for Plea dated 5 October 2022, that is Exhibit “A”. It was an extensive document setting out the detail of your offending between 4 November 2021 and 18 November 2021. It was read into the record of the court. The summary will also be annexed to these reasons for sentence to ensure no detail is left out.
22In total there are 21 separate incidents of your offending in the 14 day crime spree. You have committed five aggravated burglaries, two armed robberies, three burglaries, five thefts, two firearm offences, six charges of engaging in conduct that placed other people at risk of serious injury or death and numerous driving charges. At the time of the offending you were on parole.
Incident 1
23This is a burglary and theft charge. Ms Acurso resided at Heartsridge Road in Trafalgar. On 4 November 2021 at 8 am she left home for work. At 2.30pm, you attended at her address and forced entry to the house by kicking the front door open with enough force to split the wooden door. You then entered with intent to steal. That's Charge 1, the burglary.
24You then ransacked the whole house before stealing the following property belonging to Ms Acurso; a Microsoft laptop, an Apple iPad, assorted jewellery and a manila folder containing her personal documents. It was a total value of $3,700 and is the charge of theft, Charge 2.
Incident 2
25On the same day, 4 November 2021, at about 2.40pm, Mr Griffin drove his vehicle onto his diary farm near Millers Road in Westbury and parked it in the driveway. He observed a Mitsubishi Magna which was driven by you from the burglary at Hearstridge Road.
26You then drove past the dairy farm, did a U-turn driving back up the driveway of the dairy farm. You and an unknown offender were in the Magna. The Magna parked near Mr Griffin's 2017 Holden Rodeo ute registered number 1JS‑6FI. One of you got into the Rodeo and drove it away from the farm. The ute contained tools, drills, jumper leads and other equipment for fencing. That is charge theft of a motor vehicle.
27Mr Griffin then followed the vehicle down the driveway on foot but was unable to observe the registration of the Magna car. He located Ms Acurso's stolen Apple iPad on the ground some 500 metres up the road.
28The next day the stolen Holden Rodeo was located. It had been burnt.
Incident 3
29At about 8 pm on 9 November 2021, Mr Zammit opened the roller-door of his attached garage to his home at Dunbar Road in Traralgon whilst he had a smoke. When he closed the door he left a slight gap at the bottom.
30At about 8.30pm, you and your girlfriend, Ms Schembri, walked along Dunbar Road. You entered the garage and opened the door to Zammit's 2020 Landcruiser. You took the garage door remote, sunglasses, fuel card, security pass to his work at Loy Yang Power Station. That is the aggravated burglary.
Incident 4
31This incident relates to the burglary and theft of firearms charges. On 13 November 2021 at about 12.40pm, you and Ms Schembri attended the property of Ms Marshall which was located in Marshalls Road in Traralgon. You forced open the side access door of the garage, kicking the door in. You left a distinctive shoe impression on the garage door. You and Ms Schembri entered the garage and removed a large Spika brand gun safe. The gun safe contained a number of firearms. You moved the safe to an unknown vehicle before departing. That is the burglary charge, Charge 5.
32Ms Marshall stated that there were a total of four guns stolen from the property worth approximately $7,000; 1 Simpson 12 gauge shotgun, 1 Tikka .17 Remington rife, 1 Browning .22 rimfire pump action rifle and a Sturm Ruger .22 firearm, including a Spika brand gun safe. That is Charge 6, theft of the firearms.
33When arrested on 18 November 2021, you had the pump action rifle, that is the Browning, with you. The other guns have not been recovered.
Incident 5
34This is the charges of aggravated burglary and theft, which occurred on
15 November 2021. At approximately 5.40 pm on that day, Mr Galea was at home with his wife located on Andrew Street in Morwell. The property has a 200 metre driveway with a gated entry. On the gates is a sensor attached to the property. You entered the driveway via the opening gates, triggering the sensor and the doorbell. Mr Galea looked outside but did not see you. You then entered the garage which was attached to the house. That is Charge 7, aggravated burglary with person present.35Inside the garage was a 2008 Toyota Hilux registered number 1CP 2KK valued at about $15,000. You also took the keys to an Audi, a Landcruiser and “CAT” from inside the garage, and house and shed keys, before getting into the Hilux. You then drove the Hilux out of the garage and down the driveway, triggering the sensor doorbell again. The ute tray contained work tools of Mr Galea. That is theft of a motor vehicle charge, Charge 8.
36The Toyota Hilux was used by you in subsequent offending.
Incident 6
37At about 9pm on 15 November 2021, Mr Meehan was at his home at Eton Avenue in Traralgon. At around this time you've accessed the attached garage by lifting the unlocked roller door. You opened the kitchen door from the garage but did not enter the house. You left without taking anything. That is Charge 9, burglary.
Incident 7
38This is the aggravated burglary and theft charges. On the evening of 15 November 2021, Mr Shah was at home located on Donegal Avenue in Traralgon. He was home with his wife and young children and elderly parents.
39At about 9:40pm, the Toyota Hilux that you had stolen and with an unknown co-offender parked across the road from Mr Shah's address. You and an unknown male offender walked across the road to the victim's driveway and you had in your possession a sawn‑off pump action rifle. You and the unknown male entered the garage, intending to steal, carrying the firearm. That is Charge 10, aggravated burglary with a firearm.
40You then went through Mr Shah's Nissan vehicle and stole a number of items within that car, valued at approximately $2,900. There was cash, Puma shoes, FILA shoes, Sketchers shoes, an HP laptop, Samsung Note 8 mobile phone and a TomTom GPS. You and the unknown male co-offender left and got back into the Toyota Hilux that you had stolen and driven from the scene.
41The police attended at your home on the same night, 15 November 2021, at about 10.20 pm. You escaped out the back of the house and had removed your electronic bracelet, that is your parole bracelet. Up until this time your electronic monitoring bracelet had located you at each of the seven offending incidents referred to above.
Incident 8
42At about 11 am on 16 November 2021, Mr Gooding had returned to his home located at Newry Drive in Traralgon. He parked his black Ford Ranger Wildtrak registered number 1IX 90X valued at $50,000 in the attached garage, leaving the garage door up and his keys in the vehicle. He then entered the house through the garage entry. At about nearly 1 o'clock in the afternoon you and Ms Schembri walked along Newry Drive, she waited out the front as you entered the garage intending to steal. That is Charge 11, aggravated burglary.
43You entered the Ford Ranger and drove it out onto the street where Ms Schembri got into the passenger seat of the car. You then drove off at a fast rate of speed. Mr Gooding's work tools were in the tray of the ute. That's Charge 12, theft of motor vehicle.
44The vehicle was recovered on 18 November 2021.
Incident 9
45This is the dangerous driving during a police pursuit. On 16 November 2021, at about 2 pm, police patrolling the Monash Way at Morwell observed the stolen Ranger being driven by you. You were sitting at traffic lights at the intersection of Monash Way and the ramp to the highway itself. Police conducted a U-turn and positioned their marked vehicle behind the Ranger you were driving.
46Upon seeing the police vehicle, you accelerated away and drove the Ranger over the median strip in a U‑turn. Police followed the U-Turn as well, blocking you, and activating lights and sirens. You then accelerated onto the wrong side of Monash Way and drove north in the south-bound lane at a fast rate of speed. Police immediately disengaged from the pursuit due to the danger to the public by the manner of your driving.
47You then continued driving down Monash Way on the wrong side of the road, travelling at speeds through a red light at the intersection of Monash Way and Princes Street. Police immediately lost observation of your vehicle as you travelled in the direction of McMillan Street. That is Charge 13, dangerous driving during the pursuit.
Incident 10
48On the same day, 16 November 2021, at about 3.30 pm, Mr Reid attended at Well Street shopping centre in Morwell for an appointment. At about 4 o'clock you drove the Ford Ranger into the shopping centre carpark. You reversed the Ranger into the parking spot next to Reid's Hyundai Electra, which was registered number YTR 265.
49Ms Schembri got out of the passenger seat and entered the Well Street Milk Bar while you waited in the driver's seat. At about 4 pm patrolling police officers, Simon and Thomas, observed the parked stolen Ranger and with you in the driver's seat. The police vehicle slowed to a stop with the intention of intercepting the Ranger vehicle.
50You saw the police and immediately accelerated at a fast rate of speed out of the carpark. As you did so, the Ranger side-swiped the rear quarter panel of Ms Reid's Hyundai, leaving minor dints and scuff marks. You then drove off along Well Street evading police attempts to intercept you. That is Summary Charge 54, careless driving.
51You did not stop to provide your name and address to the owner of the Hyundai, that is a Summary Charge 14, failing to give names and addresses. At the time, you were unlicensed to drive a motor car. That is summary Charge 36, unlicensed driving.
Incident 11
52On the same day, in the afternoon of 16 November 2021, you threatened to inflict serious injury. You attended at the Comfort Inn Hotel at 40 Princes Highway in Traralgon. You knew Mr Croxford was in room 23. You entered the room and both talked for some time. When you left, Mr Croxford observed that you were still driving the Ford Ranger vehicle. It had, by that stage, stolen number plates affixed to the vehicle.
53CCTV captured you returning to the hotel at about 10.50 pm that day. You reverse parked the stolen Ranger into the carpark, you phoned Mr Croxford a number of times. Mr Croxford told you he was busy on the phone with someone else. You then knocked on the door, identified yourself and he let you into the motel room. After a short time you returned to the Ranger and told Ms Schembri to come up.
54The two of you returned to Mr Croxford's room before Ms Schembri went back to the vehicle. You appeared to Mr Croxford to have been using ice. You then took a firearm from the right leg of your tracksuit pants, pointed the firearm straight at Mr Croxford and demanded his wallet and phone. Mr Croxford refused to hand over his phone. You picked up a red OPPO brand phone from the table and also took $50 and some bankcards from his wallet. Mr Croxford pleaded with you not to shoot him. CCTV captures him seem distressed. That is the charge of threat to inflict serious injury, which is Charge 15.
Incident 12
55This incident occurred on 17 November 2021 at about 2.30 am. Ms Cumming was at the Royal Exchange Hotel in Traralgon. She left the hotel a few minutes later, as you drove past her, driving the Ford Ranger. She got into her Peugeot vehicle which was registered number 1AR 2KX, which had been parked on Church Street.
56She drove home, followed by you driving the Ranger. You followed her all the way home to her place at Kassandra Drive, where she parked in her driveway. She got out, walked around the rear of her car and then she saw you get out of the driver's seat of the Ford Ranger, which was stationed in the middle of the road. Ms Schembri was in the passenger seat.
57You then approached her and said, 'Will you come here to me' and produced a firearm. You pointed it at Ms Cumming and said, 'I'll shoot you', and demanded she give her handbag and stated: 'Give me your handbag or I'll shoot you'. You reached over and grabbed her handbag, which contained two purses. You removed it from her shoulder. That is the charge of armed robbery.
58Ms Cumming pleaded with you that she was a widow and that there was no money in the handbag. You just returned to the Ranger, entered the driver's seat and drove off down Kassandra Drive. Ms Cumming went into her house and dialled triple zero.
59Ms Cumming described the firearm as a single barrel rifle which was about
30 centimetres long, consistent with a sawn-off Browning rifle. The GPS data in the Ford Ranger showed that it had stopped at that address.Incident 13
60This incident is a charge of theft which happened on the same morning, 17 November 2021. At approximately 4 am you had driven the Ford Ranger into the carpark at Taskers Local Care Disability Services operating at 4 Hoyle Street in Traralgon. You removed the registration plates of PNY 712 from a Holden van and affixed them to the stolen Ranger. That's theft of number plates, Charge 17. Again, GPS data placed the Ford Ranger at that address.
Incident 14
61This incident is the charge of reckless conduct endanger a person. Again on
17 November 2021 at 11.30 am, Ms Jones left her apartment complex on the corner of Welsh Street and Haywood Street in Morwell to go to work. While walking through the apartment carpark she observed the stolen Ford Ranger parked with its nose hard against the wall.62At about 5 pm she returned home to the unit complex. The Ford Ranger was still parked there. She and another resident inspected the Ranger, which she had seen on Facebook, the owner Mr Gooding was looking for his stolen Ranger. She observed the rear registration plate appeared to be affixed incorrectly.
63You then drove a red Alfa Romeo into the carpark. Ms Schembri was a passenger in the car. You yelled out to Ms Jones asking her did she want you to move the car. She ignored you and pretended to be disinterested in the Ranger. You did a U-turn and exited the carpark.
64Ms Jones then rang Mr Gooding and confirmed that it was his vehicle. He said he was calling the police. While waiting for the police to attend Ms Jones observed you drive the Alfa Romeo past the complex again, you parked it just past the driveway.
65You then walked into the carpark with the keys to the Ranger in your hand. She said to you, 'Mate, you can't take the car, the cops are on their way'. You then unlocked the Ranger and got into the driver's seat. Ms Jones again told you that you could not take the car a few more times while she was standing approximately a metre from the Ranger.
66Without warning you suddenly reversed the Ranger at her, forcing her to jump out of the way to avoid being run over or hit by the car. She retreated to the corner of the carpark. You swerved towards her on the way out of the carpark, forcing her to jump again out of the way to avoid being hit. That is Charge 18, reckless conduct endangering a person.
Incident 15
67This is incident is the armed robbery, which again occurred on 17 November 2021. At about midnight on 17 November 2021, Mr Lennard parked his vehicle outside the ANZ Bank on the corner of Hotham and Franklin Street in Traralgon. He walked around the corner to use the ATM there. As Mr Lennard turned the corner, you have approached him, pointing a firearm at him. Mr Lennard observed that it was approximately 30 to 40 centimetres long with a narrow barrel. He and you then got into a scuffle, and he was on the ground screaming out for help. During the struggle he scraped his neck, his knees and arms and his glasses fell on the ground. That is summary charge 56, unlawful assault.
68You then picked up his glasses from the road and ran back to the stolen Ranger on the other side of the road and drove away. That is the basis of the armed robbery. Again, the GPS data on the Ford Ranger places you at that location.
Incident 16
69This relates to a charge of reckless conduct endangering life and aggravated intentional exposure of emergency workers to risk by driving. This occurred on the day of your arrest. On 18 November 2021, at about 3.15 am, the police air wing were conducting aerial patrols of the Latrobe Valley looking for you.
70Mr Croxford had dialled triple zero and notified police that you were driving in the vicinity of the Comfort Inn in Traralgon. The police air wing was able to locate you driving the stolen Ford Ranger in that area.
71You picked up an unknown passenger from the Comfort Inn carpark and then accelerated onto Princes Highway. You crossed the median strip onto the incorrect side of the road and travelled at a speed down the highway on the incorrect side of the roadway. You then turned left through the traffic lights into Franklin Street.
72The air wing tracked you as you drove through the roundabout, on the wrong side of the road, and then down various residential streets through Traralgon. You reached speeds of 100 kilometres per hour in 60 zones. You then drove onto the Princes Highway travelling east-bound at speeds of up to 150 kilometres in a 100 zone. Maintaining the speed after crossing onto the incorrect side of the road, you narrowly missed a head-on collision with an oncoming truck travelling in the west‑bound direction.
73At 3.30am you drove off the highway onto Perkins Street. You continued to drive through residential streets at a speed of up to a 120 kilometres per hour.
74Whilst stationary at the interception between Gunya Grove and Keith Court, the unknown passenger that you had picked up at the Comfort Inn, got out of the rear seat of the car. You then continued driving erratically through residential streets reaching speeds of 90 in a 50 zone. The Ranger was observed by the air wing mounting median strips and nature strips, driving without its headlights and on the incorrect side of the road.
75You then drove from Traralgon to Morwell. At about 4 am the Ranger reversed into a driveway at Haywood Street before pulling out again and then driving down Crinigan Road with no headlights on.
76An unmarked police vehicle was being driven by Detective Senior Constable (“DSC”) Morgan and Detective Senior Constable Dow as a passenger in the opposite direction to you. At the point of passing, you swerved the Ranger at that police vehicle in an attempt to ram it. DSC Morgan took evasive action, swerving the vehicle off the road and mounting the kerb and the footpath.
77A short distance down the road behind the unmarked car was a marked police car driven by Constable O'Hara and Constable Ta’ufo’o as a passenger. You swerved the Ranger towards their marked police car. Constable O'Hara took evasive action and swerved his vehicle out of the way. He had to reverse the vehicle at a fast rate of speed, mounting the kerb and footpath.
78You were travelling at about 80 kilometres during both of these attempts. They are Charges 21 and 22 of aggravate and intentionally expose emergency worker to risk while you were driving.
79You then continued driving erratically and at high speeds through the residential streets, over footpaths and through parklands. At one point the Ranger travelled at 150 kilometres per hour in an 80 zone.
80You drove back onto the highway where police unsuccessfully tried to stop you by deploying the “stop sticks”. You then finally drove the Ranger into a driveway in Hall Court in Morwell. A large number of police vehicles converged on the exit at the court and you accelerated and drove onto the nature strip and along the footpath to evade police. Police lost observation of you.
81The conduct of driving by you placed your passengers, police officers in the unmarked car and members of the public at risk of death. That is Charge 20, reckless conduct endangering life.
82At the time of the offending you did not hold a driver's licence, and that is Summary Charge 50, unlicensed driving.
Incident 17
83This incident related to charges of aggravated burglary and theft of a motor car. At 4.30 in the morning on 18 November 2021, Ms Sutton was asleep in her home on St Georges Road in Traralgon. A few minutes later she was woken up by a noise in the garage. She walked out to inspect what was going on and observed that the door to the garage was up and her Hyundai Genesis registered number MTS 42 valued at up to $40,000 was missing.
84You had entered the garage and found the car keys in the Genesis. Ms Sutton's husband's wallet was also in the vehicle. That is Charge 23, aggravated burglary person present.
85Ms Sutton heard a horn beep three times, walked out on the street and saw the Ford Ranger as well as her stolen Hyundai down the road. The Ranger began reversing back and she retreated into her driveway.
86You got out of the driver's seat of the Ranger and waved your arms yelling at her. She then went inside her house and called the police and you and Ms Schembri drove the Ranger and the Hyundai away. That is theft of a motor car,
Charge 24.87A short distance away, in Earl Court, you abandoned the Ford Ranger and you and Ms Schembri left in the Hyundai.
Incident 18
88This is the theft of petrol. At 8 am on 18 November 2021, you had driven in the Hyundai Genesis to a petrol station, United Service Station in Shakespeare Street in Traralgon. Ms Schembri got out of the passenger seat and pumped $43 worth of fuel into the car. She then got back into the Hyundai and you both drove away without making an attempt to pay. That is Charge 25, theft of petrol.
Incident 19
89This is the reckless conduct endangering persons charge, Charge 26. At 8.15am on 18 November 2021, Ms Schneider was driving her Ford Focus, registered number 1AD-7ZW, south along Coonoc Road in Traralgon. You were driving the stolen Hyundai in the opposite direction. The two vehicles approached around about the same time from opposite directions. You drove around, on the incorrect side of the roundabout, causing a head-on collision with the Ford Focus. The Hyundai temporarily lost traction.
90You then conducted a U-turn and came back beside the Ford Focus where you mouthed, 'Are you okay' to the victim, Ms Schneider. She nodded and you continued driving away from the scene without rendering her any assistance. That is summary Charge 51, fail to render assistance after an accident and/or providing name and address, and Charge 52, fail to give your name and address.
91As a result of the accident the Ford Focus was written off by the damage caused by your driving.
Incident 20
92This relates to the charges of a prohibited person possess firearm and resisting arrest. Police had received triple zero calls about the collision at 8.30 am. Officers Turner and Murton were in their vehicle and they observed you and Ms Schembri standing at the corner of Bradford Drive. They pulled the police vehicle up and upon seeing you and Ms Schembri, Ms Schembri dropped what you were carrying and ran in different directions.
93You tried unsuccessfully to enter a number of cars before you jumped a fence and ran through an open paddock and into a car yard. Ms Schembri was arrested a short distance without incident.
94You then entered the shed and tried to enter a Toyota Yaris but it had no engine fitted. As soon as you got out Constable Fisher arrived and gave multiple commands for you to get on the ground. You ignored the commands from the police officer and walked along the rear wall of the shed. Constable Fisher gave you further commands which you ignored. He then deployed his taser and then tackled you and attempted to place handcuffs on you.
95Constables Taylor and Dove arrived and went to assist. All three attempted to restrain you but you were violently resisting them. You managed to stand up and before you were eventually overpowered and handcuffed. That is a Summary Charge 27, resisting arrest.
96You appeared drug affected and were erratic in your behaviour. As a precaution, the police transported you to the Latrobe Valley Regional Hospital. They attended the scene where you had dropped the items and they located the sawn-off 22 Browning pump action from Marshall's place. That is
Charge 27, prohibited person in charge of firearm.97The car keys to Mr Gooding's Ford Ranger, which has previously been referred to, and glasses belonging to Mr Lennard. The Browning firearm was examined by Leading Senior Constable Tony Ruiz. It had been sawn off with the serial number erased and was capable of discharge. A forensic examination located your DNA on the trigger guard and the internal guard.
Incident 21
98This incident was an attempt to escape police custody. You had been taken to the Latrobe Valley Regional Hospital where you waited to be assessed under police guard by Constables Wass and Elkins. After obtaining clearance at about 4 pm, further police officers, Perry and Kristic, attended to assist to transport you back to the Morwell Police Station.
99The police officers began removing your leg restraints. You complained of pain in your right shoulder and wrist due to the handcuffs. Constable Elkins loosened the cuff to alleviate the discomfort. As soon as he did so, you suddenly pushed through Constables Wass and Elkins and ran away down past the nurses' station, knocking over a number of items.
100After a short pursuit you were tackled by Constable Wass. You resisted violently by thrashing around in an attempt to escape. Constable Perry utilised her Taser and as a result you were able to be restrained again. That is Summary Charge 28, attempt to escape police custody and Summary Charge 53 assault on Constable Perry.
101You were taken by a divisional van transported to the Morwell Police Station. You refused to participate in two opportunities which were offered to you to be part of a record of interview, that of course is your right to do so.
Sentencing considerations
102The basic purpose for which a court may impose a sentence are just punishment, deterrence, both specific and general, rehabilitation and denunciation of your actions and the protection of the community. In sentencing you I must have regard to a range of factors such as the seriousness of your offending, your culpability for it and your personal circumstances.
103I am required to balance the interests of the communities in denouncing your criminal conduct with the interests to the community, and seeking to ensure as far as possible that you as an offender are rehabilitated and reintegrated into society.
104I am also required to take into account current sentencing practices in fixing your sentence. That inquiry is directed particularly but not exhaustively to the kinds of sentences imposed in comparable cases and the statistics for those sentences.
105I have considered the statistics and current sentencing practices, mindful that each case must be considered in light of its own particular circumstances, and many of the cases would be distinguishable from your case, as indeed they are from one other. Current sentencing practices is just one of the sentencing considerations I have to take into account.
106You have pled guilty to these charges. Your pleas of guilty were indicated at a relatively early stage. Your plea does have the utilitarian value of allowing for the orderly and effective administration of justice. There is a certainty of outcome, and a resolution of the substantive issues raised by your offending. Your plea allows for the preservation of the court and police resources to deal with other matters. Your plea vindicates the public confidence set up in the legal process to protect the community. Your plea has relieved your numerous victims from giving evidence in a trial in this case.
107Your plea is also a clear acknowledgment by you that you accept responsibility for your criminal behaviour on these occasions, and your plea also recognised you are willing to facilitate the course of justice in the community, and I accept that your plea of guilty to these charges indicates and demonstrates some remorse on your part.
108Your plea is also entered at a time when the courts are faced with significant trial backlogs. You are an appropriate person to apply what is known as the Worboyes discount, when finalising your sentence.
109In your case there was a potential for numerous trials to arise from your
21 incidents of offending in a confined period of 14 days. The Worboyes case stipulates that a perceptible amelioration of sentence results from a plea of guilty in your case.110Charges 21 and 22 are the aggravated intentional exposure of emergency worker to risk by driving and are Category 1 offences, which means imprisonment is a mandatory penalty with limited exceptions. In your case no exceptions apply. Further, Charges 16 and 19, that is the armed robbery where a gun is used, are Category 2 offences and imprisonment is a mandatory penalty, unless limiting exceptions apply. Again, there are no exceptions application in your case.
111In sentencing you I take into account your personal circumstances, which I have outlined earlier in these reasons. Specifically, I take into account your significant intellectual disability, which is an IQ of 53, resulting from a lack of formal education.
112I also take into account your deprived upbringing, which resulted from your father's alcoholic violence, the setting of your family, which is from your father's Aboriginality, and the dislocation within your family moving about. You have been homeless from an early age and you have drug and alcohol affected parents with the resulting social disadvantage to you.
113I accept that your time in remand for these offences has been more onerous due to the Covid-19 restrictions adhered to by Corrections. Specifically, personal visits have been suspended, you have had very limited access to culturally relevant programs during your time on remand and/or cultural activities, and of course lockdowns are routine, meaning that you have, on occasions, an hour out of your cell in any one day. I take these custody hardships into account in finalising your overall sentence.
114At the time of your offending you were on parole for similar offending. You had only been in the community on parole for approximately eight weeks when you started this offending. I accept that your father's death, in September 2021, was a catalyst for you commencing back on methylamphetamine but that does not excuse your offending.
115You have a relevant and extensive criminal history for a person of only 22 years of age at the time of the offending. You are not a youthful offender in the legal sense but I take into account the principles set out in Mills case to allow for some scope for your rehabilitation.
116Your offending is very serious and it is persistent, as indicated by:
1. 21 separate incidents of offending in a 14 day period;
2. Seven of the charges have maximum penalties of 25 years set down by parliament;
3. You have confronted civilians with a firearm;
4. You have entered the homes of people and stolen their property;
5. You have driven stolen cars in the manner that endangered civilians and emergency workers;
6. You have sought to intimidate people either to take their property or remain at liberty.
117In short, you have shown no empathy or care for any of your victims or the impact of your actions upon them.
118Your prospects of rehabilitation are poor. At such a young age you have engaged in persistent violent and serious crime. You have limited intellectual capacity to work your way out of this criminal style of “catch and release” you have been in. By that I mean you offend, you are caught and then you are released after you do your time in prison.
119The two bright lights for your rehabilitation are; one, your mother now has stable accommodation in Noble Park and you are welcome to join her upon your release from prison. And two, your intellectual ability is a proper basis for you to seek assistance from NDIS when you are back in the community.
120The large number of serious offences and the fact that you have seven months of imprisonment time owed by you on parole from September 2021 raise the issue of totality in this sentencing process. I have only accumulated relatively small parts of the sentences in many of the charges, so as not to impose a crushing sentence upon you, at such a young age.
121The sentencing principles of general and specific deterrents, denunciation of your actions, protection of the community, just punishment, and your rehabilitation, dictate that the only appropriate sentence is a term of imprisonment with a fixed non-parole period.
122I order that the sentences in these charges are to be served cumulatively on any other uncompleted sentence.
123I sentence you as follows.
124Mr Carpio, on Charge 1, you are convicted and sentenced to 18 months imprisonment. I will do the cumulation at the end.
125On Charge 2, theft you are convicted and sentenced to six months imprisonment.
126On Charge 3, theft of a motor car, you are convicted and sentenced to nine months imprisonment.
127On Charge 4, aggravated burglary, you are convicted and sentenced to three years imprisonment.
128On Charge 5, burglary, you are convicted and sentenced to 18 months imprisonment.
129On Charge 6, theft of firearms, you are convicted and sentenced to two years imprisonment.
130Charge 7, aggravated burglary, you are convicted and sentenced to three years imprisonment.
131Charge 8, theft of motor car, you are convicted and sentenced to nine months imprisonment.
132Charge 9, burglary, you are convicted and sentenced to 18 months imprisonment.
133Charge 10, aggravated burglary, you are convicted and sentenced to four years imprisonment.
134Charge 11, aggravated burglary, you are convicted and sentenced to three years and six months imprisonment.
135Charge 12, theft of motor car, you are convicted and sentenced to nine months imprisonment.
136Charge 13, dangerous driving, you are convicted and sentenced to six months imprisonment.
137Charge 14, you are convicted and sentenced to seven days imprisonment.
138Charge 15, you are convicted and sentenced to six months imprisonment.
139Charge 16, you are convicted and sentenced to four years and six months imprisonment. That is the armed robbery of Ms Cummin. That is the base sentence.
140Charge 17, you are convicted and sentenced to seven days imprisonment.
141Charge 18, you are convicted and sentenced to three months imprisonment.
142Charge 19, armed robbery of Mr Lennard, you are convicted and sentenced to four years imprisonment.
143Charge 20, you are convicted and sentenced to six months imprisonment.
144Charge 21, you are convicted and sentenced to nine months imprisonment.
145Charge 22, you are convicted and sentenced to nine months imprisonment.
146Charge 23, you are convicted and sentenced to three years and six months imprisonment.
147Charge 24, you are convicted and sentenced to nine months imprisonment.
148Charge 25, you are convicted and sentenced to seven days imprisonment.
149Charge 26, you are convicted and sentenced to three months imprisonment.
150And Charge 27, you are convicted and sentenced to six months imprisonment.
151I will do the cumulation right at the end.
152On summary charges, the related summary charges, Charge 14, that is an aggregate fine of $800.
153Charge 27, you are convicted and sentenced to one month imprisonment.
154Charge 28, which is the attempted escape custody, you are convicted and sentenced to three months imprisonment.
155Charge 36, unlicensed driving, aggregate fine of $800.
156Charge 50, unlicensed driving, aggregate fine of $800.
157Charge 51, failing to tender assistance, aggregate fine $800.
158Charge 52, failing to exchange names and addresses, aggregate fine $800.
159Charge 53, resisting an emergency worker, you are convicted and sentenced to one month imprisonment.
160Charge 54, careless driving, convicted and aggregate fine of $800.
161And Charge 56, assault Lennard, you are convicted and sentenced to one month imprisonment.
162So in terms of the fines, on summary Charges 14, 36, 50, 51, 52 and 54 that is a conviction of aggregate fine of $800.
163In terms of the sentences, the cumulations are as follows.
164The base sentence, as I said, is Charge 16, so that is four years and six months. And to cumulate the following sentences on that base sentence, and on each other, are as follows.
165So for Charge 1, one month of that sentence. For Charge 4, one month of that sentence. Charge 5, one month of that sentence. Charge 6, two months of that sentence. Charge 7, one month of that sentence. Charge 9, one month of that sentence. Charge 10, three months of that sentence.
Charge 11, two month of that sentence. Charge 13, one month of that sentence. As I say, Charge 16 is the base.166Charge 19, three months of that sentence. Charge 20, one month of that sentence. Charge 21, one month of that sentence. Charge 22, one month of that sentence. Charge 23, two months of that sentence. And Charge 27, one month of that sentence. That is the indictment.
167Of the related summary charges, Charge 28, one month of that statement is to be cumulated.
168That makes a total effective sentence, of six years and five months. I fix a non-parole period of four years and six months. Section 6AAA, but for your plea of guilty, I would have sentenced you to nine years and three months, with seven years and three months non‑parole period. I declare that you have served 392 days of pre‑sentence detention, not including today.
169On Charges 3, 8, 12, 18, 20, 21, 22, 24 and 26 all licences are cancelled and you are disqualified for a period of two years from this day.
170HIS HONOUR: I have also signed those two forfeiture orders and one disposal order.
171MR McKENRY: Thank you, Your Honour.
172HIS HONOUR: Thank you counsel for your assistance.
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