Director of Public Prosecutions v Cody

[2022] VCC 2037

IN THE COUNTY COURT OF VICTORIA

AT MELBOURNE

CRIMINAL DIVISION

Revised
Not Restricted
Suitable for Publication

Case No. CR-22-01102

DIRECTOR OF PUBLIC PROSECUTIONS

v

COREY CODY

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JUDGE:	His Honour Judge Moglia
WHERE HELD:	Melbourne
DATE OF HEARING:	2 November 2022
DATE OF SENTENCE:	4 November 2022
CASE MAY BE CITED AS:	DPP v Cody
MEDIUM NEUTRAL CITATION:	[2022] VCC 2037

REASONS FOR SENTENCE
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Subject:Criminal Law – Sentence – guilty plea.

Catchwords:              Sentencing – theft of motor vehicle – recklessly causing serious injury – reckless conduct endangering persons – possess drug of dependence – driving in a manner dangerous –failing to render assistance – failing to provide name and address – single incident over extended period – erratic driving – significant and ongoing impact on victim – moderate-high gravity – family support – extensive criminal history – guarded prospect of rehabilitation –hardship in custody – utility of guilty plea.

Legislation Cited:      Crimes Act 1958 (Vic); Sentencing Act 1991 (Vic).

Cases Cited:Verdins v R (2007) 16 VR 269; Brown (aka Davis) v The Queen [2020] VSCA 60; Worboyes v The Queen [2021] VSCA 169.

Sentence:Total effective sentence: 2 years and 11 months with non-parole period 1 year 10 months; 6AAA: 11 months with non-parole period of two years 11 months. Disposal orders as sought.

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APPEARANCES:	Counsel	Solicitors
For the DPP	D Ellwood	OPP
For Accused	B O’Sullivan	Gallant Law

HIS HONOUR:

1Corey Cody, you have pleaded guilty to stealing a motor vehicle (maximum 10 years), recklessly causing serious injury (maximum 15 years), reckless conduct endangering persons of serious injury (maximum 5 years), possessing a drug of dependence (maximum 5 penalty units), driving in a manner dangerous (maximum 2 years), failing to render assistance after a collision (maximum 8 months), failing to provide your name and address to persons injured in a collision (maximum 8 months), failing to stop vehicle after a collision (maximum 8 months) and driving whilst disqualified (maximum 2 years) all occurring on 4 February 2021.

Summary of offending

2The agreed basis for your plea is set out in the summary of prosecution opening dated 31 October 2022. You are to be sentenced based on those facts, which I summarise and make findings about as follows.

3On Thursday, 3 February 2021, Mr George Kotsiras parked his unlocked 2015 white Land Rover in his car port at home. Within 20 minutes, however,  someone stole it and drove it away.

4By lunchtime the very next day, Friday 4 February 2021, you were found driving it. You accept that you did so knowing it was stolen, constituting charge 1, theft of a motor vehicle.

5At about 1:50 PM, you were seen travelling South on the Princes Highway at Point Cook. You changed lanes rapidly near the Werribee exit and struck multiple road work signs and barriers in doing so, constituting Charge 5, driving in a manner dangerous. 

6About five minutes later, Ms Angela Ferrier[1] was stationary in her Honda car at the intersection of Princes Highway and Derrimut Road in Werribee. You drove the Land Rover up on her left, then turned right, across traffic waiting to enter Derrimut Road. In doing so, you hit Ms Ferrier’s car, damaging her front left wheel arch. You did not stop.

[1] A pseudonym.

7Three minutes later, at about 1:58 PM, you drove the Land Rover in between two vehicles that were stopped at the intersection of Heaths Road and Glendale Court. You struck both vehicles – Mr McCluskey’s Mazda on the driver’s side, and Ms Klyscz’ Skoda on the passenger side. Again, you did not stop, rather turning into and driving fast down Glendale Court.

8After your collision with her, Ms Ferrier followed you in an attempt to get your details. She followed you into the Heathglen Aged Care Centre at the end of Glendale Court, which is a no thru road. She stopped her car at the roundabout there, partially blocking the entry to the Centre. She got out and was standing on the passenger side of her car when you drove erratically towards the roundabout and her. You did not mean to hit her, but you realised it was likely that you would and cause her serious injury. You clipped her, knocking her to the ground, constituting Charge 2, recklessly causing serious injury.

9You drove off on the wrong side of the road and while you were not paying due attention, you hit a truck parked on Glendale Court. This placed two men who were working at the truck in danger of serious injury. In fact, Mr Meson who was standing between the truck and its trailer when you hit it, hit his head and injured his ankle as a result. Another man working with him luckily avoided injury. This forms the basis for Charge 3, reckless conduct endangering persons of serious injury.

10The Land Rover was immobilised after this collision, but you got out and ran. Police attended, found you nearby and arrested you. They searched you and found 2 grams of cannabis in your backpack, constituting charge 4, possessing a drug of dependence.

11Having collided with the vehicles of Ms Ferrier, Mr McClusky, Ms Klyscz and Mr Meson and caused damage to each of the vehicles, you did not stop, constituting Summary Charge 8. Nor did you render assistance to any of them, constituting Summary Charge 6. Nor did you provide your name and address to any of them, constituting Summary Charge 7.

12Previously, on 24 March 2020, the Geelong Magistrates’ Court disqualified you from driving for 12 months. So, at the time of the driving in this case, you were driving whilst disqualified, constituting Summary Charge 17.

13The impact of your offending on Ms Ferrier has been very significant. Physically, she fractured her left knee and her right big toe, requiring a knee brace and a post operative shoe to permit her to put weight on them. She spent 3 months in rehabilitation. In March 2022, more than a year after the collision, she still used a walking frame indoors, which disturbed her gait and caused pain in her lower back.

14In the months following the incident, she was absent from her family’s life due to being in hospital, in pain, had anxiety and PTSD including nightmares and flashbacks. Her injuries in combination prevented her from working, playing sport, education, leisure and family activities. She was particularly distressed about the impact of her injuries on her ability to support her family and especially her children.

15Ms Ferrier continues to see a psychologist and a psychiatrist. In February 2022, she was admitted for a month into the Mental Health Unit at Epworth Hospital for intensive management of her post-traumatic stress disorder (PTSD), anxiety, and depressive symptoms. Dr Wong reported that she had difficulties with thinking and memory, and her sleep had been “significantly disturbed”. Professor Mark Walterfang reported that she was “markedly socially withdrawn and virtually house bound because of her severe anxiety.”

Procedural history

16Following your arrest on 4 February 2021, you were remanded in custody where you have remained to date.

17Police interviewed you the next day, 5 February 2021, during which you made significant admissions and expressed remorse for what you did. You said, “I know it was me. I know I was the one in the driver’s seat.” In admitting your fault, you said, “I didn’t mean to injure anyone or endanger anyone like that… I don’t know what else to say… I don’t want to waste your time. I want to admit it was me.” Further, you told police you “just want to have – show them the decency and respect of pleading guilty to it.”

18The Prosecutor, Mr Ellwood, conceded you pleaded guilty at the earliest possible time. While there was a delay while the prosecution obtained evidence about the seriousness of Ms Ferrier’s injury, once it was received, you accepted it and pleaded guilty without a contested committal.

19Your guilty plea is of benefit to the victims who have thereby been relieved of the need to give evidence at trial, particularly so Ms Ferrier. It benefits the community who is saved the time and expense of a trial. Your plea indicates your willingness to facilitate justice and that you accept responsibility for your offending.

20After a significant length of time in custody on remand, you wrote of your thoughts about this case (Exhibit 3). I accept that you have developed insight into the significance of the impact your behaviour has had on Ms Ferrier and her family. This, together with your comments in the police interview, demonstrate that you regret your actions and I accept that you are genuinely sorry.

Personal circumstances

21You were born in Ballarat in January 1999. Your biological parents struggled with substance abuse, and you were taken from their care when you were around two years old.

22You came into the care of your eventual foster parents, Rhonda and Richard Rosenow. Your foster father Richard worked as a truck driver and your foster mother, Rhonda, stayed home to look after you and your five siblings. In her letter to the court (Exhibit 1), Ms Rosenow praised your compassion and kindness, and expressed her faith in your ability to turn your life around for the better upon your release.

23You completed year 6 at Napoleans Primary School. You then attended Damascus Secondary College where you completed year 10. Despite being subjected to bullying, you performed well academically up until around year 8. To cope with being a target of bullying, you began associating with negative peers, which ultimately led you to engage in substance use and other antisocial behaviour.

24After leaving Damascus Secondary College, you attempted further education in TAFE, and worked for a limited time as a bricklayer and concreter. Unfortunately, these opportunities were not further explored.

25Rather, you started using cannabis at age 14 and methylamphetamine at age 15. Previous attempts at treatment and pharmacotherapy were interrupted and unsuccessful. Up until your remand, your abuse of methylamphetamine was regular and significant. Going forward, methylamphetamine abuse remains a major obstacle on your path towards rehabilitation.

26You have spent the past 21 months on remand for the matters currently before me. This is both the longest time you have spent in custody, as well as the longest time you have been abstinent since you were about 14 years old. You have proved this by your drug screen results (Exhibit 5) and your participation in a prison drug course, which helped you explore harm minimisation and relapse prevention strategies (Exhibit 4).

27Throughout your time in custody, you worked as the unit billet when you were at Port Phillip Prison (Exhibit 6). You then worked in the maintenance division at Fulham Correctional Centre. You have not been involved in any incidents.

28In her letter, your foster mum Ms Rosenow said she is keen to have you home with them upon your release. Additionally, in his letter of 24 October 2022 (Exhibit 2), your brother-in-law Jake Day indicated he will employ you in his bricklaying business and transport you to and from work as required.

Sentencing issues

29In sentencing you, I will do as your counsel Mr O’Sullivan submitted. I will reduce the sentence I would otherwise have given because of your age and how difficult your time has been in custody during the COVID pandemic.

30Having said that, I do not lose sight of the fact that you drove a heavy 4WD vehicle erratically and with little regard for others on the road, whether they were on the road or parked properly on the side of it. In particular, you had little regard for Ms Ferrier and Mr Meson who were outside their vehicles and wholly unprotected. Ms Ferrier’s injuries speak volumes when assessing the true danger involved in your conduct.

31I find the objective gravity of your driving to be moderate-high. It was erratic and lasted for some time as you navigated your way, poorly, through numerous intersections and four collisions, stopping only when the vehicle would go no further. While you ultimately waited for police, you didn’t return to the crash sites to assist in any way or to provide your details.

32It is important to send a message to others who are tempted to do as you did and I will do so by imposing a lengthy prison term. Doing so is important both to punish you and to make it clear that this kind of driving is not to be tolerated.

33While I accept that you enjoy the support of your family, which is very positive, I also note your history of similar offending. There are signs that the past 21 months – drug-free and having thought about what happened – have seen changes in your ideas about who you want to be. While your sentence has to reflect that this is not your first time in this kind of trouble, it will also provide you the opportunity to get out and prove yourself further. I find you have reasonable, if not guarded, prospects of doing so.

34I have adjusted your sentence to make sure the total sentence is in keeping with the totality of what you did, however, I have cumulated parts of the individual sentences to reflect the number of incidents and the people harmed or placed at risk.

35I accept that there has been a delay in getting your case to the sentencing stage which has not been your fault. Rather, it has helped me to observe your progress in rehabilitation since your arrest.

36I also observe that your time in custody so far has been harder than it should have been, due to COVID. You have been subjected to 23-hour lockdowns, restricted movements, reduced access to programs and psychological treatment. You have had no in-person contact with those who support you and I accept that this continues to some degree still. I will reduce your sentence accordingly.

37I have also reduced your sentence because you have pleaded guilty at a time when COVID has resulted in so many delays in hearing trials and so the significance of your plea has added value.

38I sentence you as follows:

(a)   On Charge 1, theft of motor vehicle – 8 months

(b)   On Charge 2, recklessly causing serious injury – 2 years

(c)   On Charge 3, reckless conduct endangering persons – 1 year

(d)   On Charge 4, possessing cannabis – convicted and discharged

(e)   On Summary Charge 5, dangerous driving – 6 months

(f)    On Summary Charge 6, 7 and 8, – 3 months (aggregate)  

(g)   On Summary Charge 17, driving while disqualified – 6 months

39Three months of the sentences on Charges 1 and 3 are to be served cumulatively upon each other and upon the sentence on Charge 2, making a total sentence on the indictment of 2 years 6 months.

40Two months of the sentence on Summary Charge 5, 1 month of the aggregate sentence on summary charges 6, 7 and 8, and 2 months of the sentence on Summary Charge 17 are to be served cumulatively upon each other and upon the total sentence on the indictment.

41The total effective sentence is 2 years 11 months.

42I fix a non-parole period of 1 year 10 months.

43I declare that you have served 656 days and direct that this be reckoned as a period already served under this sentence.

44On Charge 1 and Summary Charge 5, I cancel any driver license you hold and disqualify you from driving a motor vehicle for a period of 6 months.

45In accordance with section 6AAA of the Sentencing Act 1991, but for your plea of guilty I would have imposed 3 years 11 months and fixed a non-parole period of 2 years 11 months.

Ancillary orders

46I make the disposal order as sought and unopposed, relating to the drugs seized in accordance with s 78 of the Confiscation Act 1997.

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