Director of Public Prosecutions v Cashen
[2022] VCC 1318
•18 August 2022
IN THE COUNTY COURT OF VICTORIA
AT MELBOURNE
CRIMINAL DIVISION
Revised
Not Restricted
Suitable for PublicationCase No. CR-21-01203
DIRECTOR OF PUBLIC PROSECUTIONS v MICHAEL CASHEN ---
JUDGE:
Her Honour Judge Ellis
WHERE HELD:
Melbourne
DATE OF HEARING:
2 August 2022
DATE OF SENTENCE:
18 August 2022
CASE MAY BE CITED AS:
DPP v Cashen
MEDIUM NEUTRAL CITATION:
[2022] VCC 1318
REASONS FOR SENTENCE
---Subject:CRIMINAL LAW
Catchwords: one charge of dangerous driving causing serious injury- two related summary charges-plea of guilty-following sentence indication- extensive prior criminal history- substance use- efforts to rehabilitate
Legislation Cited: Criminal Procedure Act2009 (Vic), Crimes Act 1958 (Vic), Road Safety Act 1986 (Vic), Sentencing Act 1991 (Vic)
Cases Cited:Stephens v R [2016] VSCA 121, Woldesilassie v The Queen [2018] VSCA 285, R vVerdins (2007) 16 VR 269, R v Merrett, Piggott and Ferrari [2007] VSCA 1, Worboyes v The Queen [2021] VSCA 169, DPP v Oates (2007) 47 MVR 483, DPP v Neethling (2009) 22 VR 466, Boulton v The Queen [2014] VSCA 342; (2014) 46 VR 308
Sentence: Community Correction Order for a period of 3 years.
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APPEARANCES:
Counsel Solicitors For the DPP Mr M Turner Office of Public Prosecutions For the Accused Mr A Patton Sarah Pratt & Associates HER HONOUR:
1Michael John Cashen, on 6 June 2022, after receiving submissions at an earlier hearing, I granted your application for a sentence indication. I indicated that, should you plead guilty to dangerous driving causing serious injury, then pursuant to section 207(1)(a) of the Criminal Procedure Act2009, I would impose a sentence of a specified type, being a Community Correction Order alone. You then pleaded guilty on arraignment. A plea hearing took place on 2 August 2022.
2Mr. Cashen, you have pleaded guilty to:
·One charge of dangerous driving causing serious injury contrary to s 319(1A) of the Crimes Act 1958, which carries a maximum penalty of 5 years imprisonment;
·One related summary charge of failing to stop and render assistance after a motor vehicle accident, contrary to s 61(4) of the Road Safety Act 1986, which carries a maximum penalty of 8 months imprisonment or 80 penalty units for a first offence; and
·One related summary charge of driving during a period of disqualification, contrary to s 30 of the Road Safety Act 1986, which carries a maximum penalty of 2 years imprisonment or 80 penalty units.
Circumstances of Offending
3The circumstances of your offending are outlined in a detailed Summary of Prosecution Opening, as tendered at the plea (Exhibit A). The victim was Sautia Ah To.
4The offending in this case took place on 18th June 2018. At approximately 6:40am, Mr Ah To was assisting his friend, Kelekolio Lui, to push start his vehicle in Riviera Drive, Berwick. Mr Ah To was pushing from the rear of the car, while Mr Lui was pushing his car at the driver’s door. The car was pushed into the intersection of Riviera Drive and O’Shea Road, with the intention of turning the vehicle right.
5There is a traffic island located in the middle of the road that operates as a school crossing, just south of the intersection with Riviera Drive. As the vehicle was crossing the east bound lane, a witness Michael Tormey, approached the intersection from the west.
6At this time, you were driving east along O’Shea Road with an associate, Caitlyn Andrews, who was seated in the front passenger seat. You drove up behind Mr Tormey’s car and then overtook his vehicle, driving on the wrong side of the road, and the traffic island. Mr Tormey observed that you travelled on the incorrect side of the road for about 50-60 metres and estimated that you were travelling no less than 100kph.
7You then drove your vehicle laterally back onto the correct side of the road. At this time, the vehicle being pushed by Mr Ah To, was in the middle of the road. As you returned to the correct side, you struck Mr Ah To. He was thrown 20 -25 metres into the bushes on the north side of the road. (Charge 1: Dangerous Driving Causing Serious Injury).
8Mr Lui and Mr Tormey immediately sought to assist Mr Ah To. The collision rendered the vehicle you were driving inoperable. You briefly approached Mr Ah To, before running from the scene with Ms Andrews. You did not exchange details with anyone at the scene (Related Summary Charge: Failing to Stop and Render Assistance).
9As a result of the collision, Mr Ah To was transported to the Alfred Hospital. He suffered a fracture to the upper portion of his right tibia and multiple ruptured ligaments to his right knee and ligament damage to his left knee.
10Shortly after the collision, you called an associate on your mobile phone. During the conversation, you said that you had ‘fucked up’ and stated that you had been involved in an accident. You were upset and crying on the phone. At the time of the collision, your driver’s licence had been disqualified (Related Summary Charge: Driving Whilst Disqualified).
11You participated in a police interview at the Dandenong Police Station on 21 June 2018. During the interview, you initially made no comment. You later denied driving the vehicle when it was involved in the collision.
Victim Impact
12No victim impact statement was tendered on the plea, but no doubt Mr Ah To’s injuries must have been very painful for him. Whilst not the subject of evidence, the prosecution have indicated that the victim is very eager to put this matter behind him.
Prior Criminal History
13You have admitted an extensive prior criminal history, which dates back to 2013. You have many prior appearances relating to motor vehicle and driving offences, theft and dishonesty, family violence and drug offences. You have received various dispositions from the Magistrates’ Court including terms of imprisonment, suspended sentences, fines, drug treatment orders and Community Correction Orders.
14Significantly, your criminal history shows relevant prior convictions for driving whilst suspended and disqualified, and driving dangerously. You have additionally appeared before the court on five occasions since to this offending. The subsequent offending has been similar in nature to your prior matters.
15In 2016, you received a sentence of time served encompassing 88 days in custody, a fine and a 12 month Community Correction Order on charges which include driving, dishonesty and drug offences. The Community Correction Order imposed was contravened in 2017 by further offending. You were then sentenced to two years imprisonment to be served as a drug treatment order, in relation to offences which included a charge of reckless conduct endangering serious injury. You were later sentenced to further terms of imprisonment in June 2018, March 2019 and June 2019.
16You have a history of non-compliance with sentencing orders, having previously had Community Correction Orders cancelled by formal court breaches in 2014 and 2017. You also had a drug treatment order cancelled in 2019. I note that you successfully completed a Community Correction Order in May 2022.
Procedural History
17You participated in a police interview on 21 June 2018. You were later charged on 5 February 2019. You were committed from the Magistrates Court on 8 June 2021 following a contested Committal Hearing. There were Directions Hearings in this court on 26 July and 11 November 2021. Parties at this time indicated that the matter was unlikely to resolve and that it would likely proceed to trial.
18You made an application for a Sentence Indication Hearing, which was subsequently heard on 31 May and 6 June 2022. Your counsel later indicated that the matter would resolve on the basis of the indication given and that you would enter of plea of guilty. A plea hearing was heard on 2 August 2022.
Personal Circumstances
19Your personal circumstances were set out in comprehensive written submissions and articulated further by your counsel, Mr Patton, at the sentence indication and plea hearing. You are now aged 31. You were born in April 1991 to parents Sue and Phillip. You are the youngest of three siblings. You purportedly enjoyed a positive upbringing.
20Your parents separated when you were 6 years old and you then resided with your mother. She was employed as a marketing manager. You have always had a close relationship with her and she was encouraging and supportive. You would spend alternate weekends with your father, who worked as a plumber. He would often abuse alcohol and frequently displayed issues managing his anger. You were scared of your father growing up and you did not experience a significant relationship with him through your childhood.
21You struggled academically throughout your schooling. You had difficulty concentrating and in maintaining academic work. You were drawn towards ‘hands on’ subjects such as wood work and physical education. You were suspended in secondary school and expelled at the end of Year 9. At this time, you left school and completed three years of a carpentry apprenticeship. I note that you only completed the schooling component of this apprenticeship and did not engage in the practical aspects, as you encountered difficulties with your boss.
22After ending your apprenticeship, you obtained work in concreting, the industry in which you are currently employed. For the past two years, you have worked with Policrete as a foreman. Your employer, Michael Shaw provided a letter of support, as tendered at the plea hearing (Exhibit 3). He describes you as a well-liked, respected and valued member of his team. You have reportedly taken on a considerable amount of responsibility, have good client management skills and you are the only staff member capable of operating the business’ excavator. Since you began working with Mr. Shaw, the business’ monthly revenue has doubled. Another co-director of Policrete, Mr. Barratt attended the plea in support of you.
23At the age of 14, you commenced cannabis use. You would recreationally use ecstasy and amphetamine on the weekends. Your drug use began to significantly increase in your late teens and early twenties, and you were using methamphetamines daily. This was also combined with the use of GHB at times as well as cocaine, prescription medication and steroids. The commencement of your criminal offending in 2013, coincides with your first period of heavy drug use.
24Your first significant relationship was with Amanda and lasted for a period of 10 years. You and Amanda share two children, aged 11 and 6 respectively. You abstained from drug use for a period when your son was born, however, you would recommence use during stressful periods and at intermittent intervals. Your relationship with Amanda was volatile in nature and was marred by your substance abuse issues. You also continued to engage in criminal offending throughout this relationship, as reflected in your prior criminal history.
25You separated from Amanda in 2017 and there remains an active Family Violence Intervention Order in place until late 2023. You have not seen your children since your separation. You have made attempts to seek access to your children through the Family Court, however to date you have been unsuccessful.
26After this relationship ended, your mental health deteriorated and your drug use escalated. You struggled to cope with the loss of your relationship and the inability to see your children. You later commenced a relationship with Lily. This lasted a period of two years. You were both using substances throughout, which made for a chaotic and unstable dynamic.
27Since your release from custody in November 2020, you have not committed any further criminal offending. This likely correlates with your success in remaining abstinent from illicit drugs for over a two year period. Since your release, you have focused on strengthening your relationship with your family.
28Your mother remains steadfast in her support of you and provided a letter of support to the court, as tendered at the plea (Exhibit 6). Mrs Cashen notes that after your release from custody, you chose to move away from the areas where you had previously lived, in a determined effort to break the cycle of offending. You resided with her for a long time after your release from custody. She describes the extensive efforts that you have made and the changes that she has seen in you since 2020. She says that you have focused on working hard, being a supportive partner, making a new home and friends, and dedicating time to your family
29Your sisters and your father also provided letters of support to the court, as tendered at the plea (Exhibits 5, 7 and 8). They note that you have worked hard on your rehabilitation and they have observed significant changes in you since your last period in custody. According to your sister, you are not the person you used to be.
30You reportedly enjoy a stable relationship with your current partner, Amber Parfett. That relationship commenced prior to your last period in custody. Ms. Parfett provided a letter of support (Exhibit 10). She commented that your attitude and behaviour has altered, saying that she has witnessed you mature. She notes that you are committed to the relationship, to your family and to your employment.
Nature and Gravity of Offending
31The offending here was undoubtedly very serious. Your conduct, driving on the wrong side of the road for approximately 50 – 60 metres, travelling at well in excess of the designated speed of 70km/h, was incredibly dangerous. It’s not clear why you were in such a hurry, that you drove on the wrong side of the road, passing the incorrect side of the traffic island. In your utter disregard for other road users, not to mention yourself and your passenger, you struck another human being who was in the process of pushing a broken down vehicle.
32As a consequence, Mr Ah To, who was propelled some distance through the air, sustained a serious injury. Having seen the victim that was injured, you chose not to remain and exchange details with Mr. Ah To or his friends. The prosecution do not submit that it is an aggravating feature that you left the scene, but the failure to exchange details is a separate summary offence upon which you fall to be sentenced.
33In assessing the seriousness or gravity of the offending, I must look at the level of your moral culpability. In Stephens v R,[1] the Court of Appeal said at [20]:
Driving will be dangerous where there is ‘some serious breach of the proper conduct of a vehicle so as to be in reality and not speculatively, potentially dangerous to others.’ The driving must have some feature which subjects the public ‘to some risk over and above that ordinarily associated with the driving of a motor vehicle, including driving by a person who may on occasion drive with less than due care and attention.’ A Court’s assessment of the dangerousness of the driving will be informed by the extent of the risk which the driving created, as well as by the extent of potential harm should the risk materialise. (citations omitted)
[1] [2016] VSCA 121.
34The offence of dangerous driving may encompass a very wide range of conduct. In determining the appropriate sentence it is necessary to take into account both the objective dangerousness of an offender's driving and the moral culpability of the offender. In particular, it is recognised that the moral culpability of the driver is of central importance in the sentencing task.[2]
[2] Woldesilassie v The Queen [2018] VSCA 285.
35I do not consider your moral culpability to be low. You were on the wrong side of the road, and in excess of the speed limit. I accept however that your poor driving was not protracted and the gravamen of the offending relates to the period where you drove in excess of the speed limit for 50-60 metres on the wrong side of the road.
Mental Health
36This offending occurred at a time when your mental health had deteriorated following a relationship breakdown, and you were using illegal drugs as a coping mechanism. You have been assessed by forensic psychologist Carla Ferrari as likely having endured undiagnosed Attention Deficit Hyperactivity Disorder throughout your life. She also considers that you meet the diagnostic criteria for various substance use disorders as illustrated by your history of abuse and addiction.
37Mr. Patton submits that there is a nexus between diagnosed ADHD and impulsive criminal offending, in particular with respect to offences involving motor vehicles and driving. Ms Ferrari is of the view that your criminal history reflects such behaviour on your part. However Mr. Patton does not submit that the nexus between your ADHD and your offending is such that it enlivens the principles established in R vVerdins.[3] This is due to the interplay with your sustained drug use and its contribution to your offending. I agree that this does not give rise to Verdins considerations. However, I accept that the diagnosis of ADHD is relevant, in particular as it places your offending and your underlying drug addiction in context.
[3] (2007) 16 VR 269.
Rehabilitation
Efforts at rehabilitation38It is to your credit that despite these longstanding issues, you have managed to take considerable steps towards your rehabilitation. I am told that you have been drug free for over two years, and have committed no further offences since your release from custody in November 2020. It does seem that you have learned something from the time that you have spent in custody. Whilst there is no evidence regarding your abstinence and improved mental health from ongoing treating professionals, you managed to successfully complete a Community Correction Order earlier this year, which came into effect upon your release from custody. You purportedly engaged well and complied with all conditions.
39Moreover, those closest to you describe the markedly improved change that they have seen in you over the past two years. You are fortunate to have the support of so many people.
Prospects of Rehabilitation
40Whilst I initially questioned whether there has been sufficient time to demonstrate your commitment to change, and indeed whether this will be long lasting, the efforts that you have made over the last 21 months are commendable. You have experienced for yourself what prison life is like. Something that I can imagine would have been very difficult under ordinary circumstances, but particularly so during the COVID-19 pandemic. I would hope that your commitment to rehabilitation reflects the deterrent effect of that experience and that your desire to change is genuine.
41You are in a stable, happy and supportive relationship. Whilst you have always had the support of your parents and sisters, ensuring that your relationship with Ms Parfett endures has been a significant incentive for you. You and Ms. Parfett have recently moved to rental accommodation together in Highett. You are working full time in construction. This means that not only are you now earning a steady income, but you are kept busy and the job is physically demanding- which has the added benefit of alleviating your need to keep yourself occupied by seeking recourse to drugs.
42According to Ms Ferrari, you present as a moderate risk of reoffending which is principally attributed to a lack of mental health treatment and your tendency to self-medicate with illicit substances. She does not consider that you have an entrenched criminal belief system. The fact that you have a number of positive supports in place goes some way toward reducing the risk that you may relapse into drug use. Corrections have assessed you as a low risk of re-offending.
43Based on your recent efforts, I consider that your prospects of rehabilitation are good, as long as you continue to address the issues that were underlying to these offences.
44Your employment means that you are now in a position to really change your life. It’s up to you. You are still relatively young- a factor that I have taken into account. You can continue with the path on which you embarked in November 2020, or you can return to the lifestyle you were living- chaotic, erratic and beholden to whatever drugs you are taking.
Delay
45The offending occurred in June 2018, almost 4 years ago. You were charged with this offending in February 2019. Whilst there was a committal hearing, you did not seek to cross examine the victim. He has therefore, not had to relive his experience. There has been a significant delay. Whilst a small portion of the delay reflects the fact that you disputed any criminal liability for the incident (as is your right), the far more substantial portion of the delay can be attributed to events outside of your control- in particular the delays associated with the pandemic.
46Whilst these matters have no doubt weighed heavily upon you, during this period, you have used this time effectively. As the Court of Appeal observed in R v Merrett, Piggott and Ferrari[4] where the delay has seen a lengthy period of rehabilitation, the punitive and deterrent purposes of sentence should not overwhelm the sentencing exercise such that it compromises the rehabilitation achieved, or the future prospects of it.
[4] [2007] VSCA 1 at [35]-[36].
Plea of Guilty
47I take into account your plea of guilty. It was not entered until relatively late, but is nonetheless of significant utilitarian value. You have spared the community the significant expense of a trial and importantly, you have spared the victim the ordeal of having to give evidence. Your plea demonstrates a willingness to facilitate the course of justice. It is also some evidence of remorse.
48Your guilty plea has an additional value given that it was entered during the COVID-19 pandemic, where the court has faced a substantial backlog resulting from the suspension of jury trials. Accordingly, as the Court of Appeal articulated in Worboyes v The Queen,[5] your guilty plea is worthy of greater weight in mitigation than a similar plea entered at a time when the community and courts are not afflicted by the pandemic’s effects. Your plea of guilty should result in a perceptible amelioration of sentence. You are entitled to a substantial discount in sentence both for the plea itself and taking into account that this plea has occurred during the pandemic.
[5] [2021] VSCA 169.
Relevant Sentencing Factors
49The basic purposes for which a court may impose a sentence are just punishment, deterrence, both specific and general, rehabilitation, denunciation and protection of the community. I am required, pursuant to the Sentencing Act 1991, to take into account various factors when formulating an appropriate sentence in your case. These include the seriousness of the offending, your culpability, the effect of your offending on the victim and your personal circumstances.
50The sentence I pass must balance the interests of the community in denouncing criminal conduct with the interests of the community in seeking to ensure that, as far as possible, you are rehabilitated. I am to have regard to protection of the community. I also have regard to principles of parsimony.
51The law says that general deterrence is to be given considerable weight in the sentencing process for the offence of dangerous driving causing serious injury and that, as a result, unless the offender’s level of moral culpability is low, the offender is likely to receive a significant term of imprisonment.[6] As I have already stated, I do not consider that your moral culpability is low. The law also says that a sentencing judge must take into account all the relevant considerations in the specific case before them.
[6] DPP v Oates (2007) 47 MVR 483, 487 [22]; DPP v Neethling (2009) 22 VR 466, 472 [30].
52There is a real need for general deterrence here. Those who might be inclined to drive dangerously, and thus put the lives or safety of others at risk, must appreciate that this sort of conduct will not be tolerated. Further, as I have noted, you have admitted a prior criminal history, which includes not only driving offences; but a year before this offending, you pleaded guilty to a charge of reckless conduct endanger serious injury. I am told this was in the context of you attempting to evade pursuing police. So, this was another example of you driving in a way that put other people, other people’s lives at risk with your own deplorable conduct; your own erratic behaviour. Regrettably, it seems that you did not learn from that offending in the period prior to this incident.
53You have a history of poor, criminal behaviour- borne out of your addiction to illegal drugs which you used as a coping mechanism, likely as a result of your untreated ADHD. In light of your prior record and history of substance abuse, there is a need to give some weight to specific deterrence.
Sentence Indication Hearing
54When asked to give a sentence indication, I seriously considered the question as to whether the offending warranted a term of imprisonment, or whether a Community Correction Order was open. The offending here is so serious that ordinarily a term of imprisonment would have been required. Your counsel submitted that a jail term might interfere with your progress, and potentially undo all the good work you have done over the last nearly 2 years. Conversely, the prosecution submitted that some jail time is warranted, but that a combination sentence is open here, given your efforts at rehabilitation. Were it not for those efforts, Mr. Turner submits, the Crown would be seeking a head sentence.
55As I have said, I gave this question serious consideration. Certainly, a term of imprisonment would have met many of the purposes of sentencing such as the need to deter you and others from committing such offending, denouncing your conduct, community protection and ensuring just punishment. However all sentencing objectives need to be considered. Mr Patton submits that there is a very real risk that prison may interrupt the progress that you have made, and such interruption would likely have a deleterious impact - either setting your rehabilitation back or potentially re-introducing you to negative influences in prison. Ultimately the sentencing considerations I’ve mentioned need to be balanced with the community’s interests in seeing you rehabilitated, and contributing to society. Whilst you shouldn’t be rewarded for being a law abiding and hardworking citizen, it’s not easy for people with a history of drug use and criminal offending, to change their lives in the way that you have.
56The law says that a court must always regard imprisonment as a disposition of last resort and may consider, even in cases of serious offences, that a CCO is a punitive disposition which is capable of addressing all relevant sentencing considerations.
57As the Court of Appeal noted in Boulton v The Queen,[7] a Community Correction Order ‘may be suitable even in cases of relatively serious offences which might previously have attracted a medium term of imprisonment.’
The sentencing judge may find that, in view of the objective gravity of the conduct and the personal circumstances of the offender, a properly-conditioned CCO of lengthy duration is capable of satisfying the requirements of proportionality, parsimony and just punishment, while affording the best prospects for rehabilitation.[8]
[7] [2014] VSCA 342; (2014) 46 VR 308.
[8] Ibid [131].
58As I indicated at the previous hearing, I am satisfied that, having regard to your efforts to date, the fact that you have some stability in your life, your positive supports, your relative youth and the considerable delay of over four years since the offending, combined with the value of your plea of guilty, that sentencing objectives could be met here with a Community Correction Order.
59You have been assessed by Corrections as suitable. A number of conditions are recommended as part of the order, and I intend to adopt those recommendations. Mikaela Morfett, who conducted the assessment, considered that you appeared remorseful for your actions and presented with insight into the impact of your offending. As I have said, you are considered a low risk of re-offending by Corrections.
60A forensicare report has been prepared by registered nurse Brenda Hughes. It is not recommended that a mental health condition be imposed. However, it is a little difficult to reconcile this opinion with Ms Ferrari’s recommendation that you engage in psychological and pharmacological treatment of ADHD and anxiety. Ms Ferrari recommends that you obtain a referral from your GP to commence psychological treatment with a forensic psychologist for ongoing treatment of your ADHD, depression and anxiety. It is said that these interventions should equip you with the skills to manage core components of your ADHD which are criminogenic risk factors and which will further mitigate your risks of any substance use or reoffending. In Ms Ferrari’s opinion, you would benefit from a referral to a psychiatrist specialising in ADHD in order to assist managing emotional regulation issues, risk taking behaviour, impulsivity and reduce your risk of reliance on substances to cope in the future.
61Although not a recommendation from Corrections, I do intend to include a condition that you undergo treatment and rehabilitation for mental health as directed.
62I appreciate that you work full-time and as a consequence there may be difficulties in performing unpaid community work. However given that the alternative was jail I would expect that you will find a way to make this work, and give something back to the community. I am going to allow that a certain number of hours of treatment and rehabilitation can count towards that community work.
Sentence
63Accordingly on the charge of dangerous driving causing serious injury, you are convicted and sentenced to a Community Correction Order for a period of three years. There are a number of core conditions attached to a Community Correction Order
·you must not commit any other offence punishable by imprisonment during the three year period;
·you must comply with any and all obligations or requirements;
·you must report to and receive visits from Corrections;
·you must report to your local Community Corrections centre, which I believe is in Moorabbin, within two clear working days from today;
·you must let a Community Corrections officer know within two working days of a change of address or job; and
·you must not leave Victoria without first getting permission and you must obey all lawful instructions from Corrections.
64They are the mandatory core conditions that attach to any
Community Correction Order.65In addition to that, I am attaching a number of other conditions which I will go through in a moment. Corrections do not recommend supervision in your case. I have decided not to impose a supervision condition or judicial monitoring.
66The particular conditions of the Community Correction Order will be as follows:
·You are to perform 350 hours of unpaid community work over three years.
·You must undergo treatment and rehabilitation as directed, including that you undergo any mental health assessment and treatment which may include psychological treatment.
·You must undergo drug assessment and treatment as directed.
·You must undergo a road trauma awareness seminar program. This program is designed to address the behaviours and attitudes of drivers so as to reduce the incidence of crashes injuries and fatalities. I understand that participation in this course requires you to pay for the program.
·I am going to allow that up to 75 hours of rehabilitation count toward your unpaid community work hours.
67If you were to breach any conditions of this order; if you were to decide not to do the work or treatment component for example; if you returned to drugs and committed any further offences, then it is likely you would be brought back before me on a breach and I would need to re-sentence you for this offending. I can’t see how, in those circumstances I would have much alternative but to sentence you to jail. This is really your one and only chance.
68As for summary charge 4, drive whilst disqualified, you are convicted and fined $750. A conviction is warranted given that you have previous convictions for the same offence.
69On summary charge 9, failing to stop and render assistance following a motor vehicle accident, you will be fined, without conviction, the sum of $1,500.
70Pursuant to s 61(6) of the Road Safety Act 1981, your driver’s licence is hereby cancelled for a period of two years. The restriction on your ability to drive a motor vehicle will no doubt impact upon your ability to drive in the course of your employment. I have taken this into account. I understand your employer is aware of this and will need to make some adjustments to the role that you perform.
S 6AAA
71Finally, had this matter proceeded to trial and had you been found guilty, I would most certainly have sentenced you to an immediate term of imprisonment.
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