Director of Public Prosecutions v Corrin

[2016] VCC 1646

IN THE COUNTY COURT OF VICTORIA Revised
Not Restricted
Suitable for Publication

AT MELBOURNE
CRIMINAL JURISDICTION

CR 16-00799

DIRECTOR OF PUBLIC PROSECUTIONS

v

CRAIG CORRIN

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JUDGE:	HER HONOUR JUDGE QUIN
WHERE HELD:	Melbourne
DATE OF HEARING:	20 October 2016
DATE OF SENTENCE:	7 November 2016
CASE MAY BE CITED AS:	DPP v Corrin
MEDIUM NEUTRAL CITATION:	[2016] VCC 1646

REASONS FOR SENTENCE
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Subject:
Catchwords:
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Cases Cited:
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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr. J. Livitsanos	Office of Public Prosecutions
For the Accused	Ms. M. Casey

Pages 1 - 1

 

 

HER HONOUR: 

1Craig Aaron Corrin, you have pleaded guilty to two charges of dangerous driving causing serious injury.  The maximum penalty for this offence is five years imprisonment. 

2You have also agreed to have related summary charges dealt with by me and have pleaded guilty to the following offences: unlicensed driving, maximum penalty 25 penalty units or three months; and committing an indictable offence whilst on bail, maximum penalty 30 penalty units or three months. 

3You never have had a driver's licence.  On 6 December 2015 and on 22 January 2016, police observed you driving without a licence and on each occasion, issued you with an infringement notice for unlicensed driving. 

4The circumstances of your offending arise from your driving on Tuesday 26 January 2016.  At this time you were 18 and, as previously mentioned, unlicensed.  You were out with friends celebrating near the Yarra in the late afternoon.  The group included Cara Nash, aged 19 and Yasmin Smith, aged 18. 

5At about 8.30 pm, your group left the Yarra bank and returned to the car park where the cars were parked.  Ms Nash and Ms Smith sat on the boot of your car as the gravel was hot.  They were still sitting there when you got in your car wanting to leave.  You sat in the driver's seat for about 10 minutes and gave the engine a few revs, as if to say to the girls to get off the car.  However, they did not.

6You then started the car and began to reverse it slowly, asking the girls to get off the car.  You started driving forward faster and the girls were screaming at you to stop, telling you it was not funny.  Witnesses describe you initially driving at a slow speed on the dirt, but that when you reached the bitumen you sped up, travelling between 30 to 40 kilometres an hour. 

7Ms Nash fell off the car.  She landed on her side and her head hit the ground.  Ms Nash managed to hold onto the boot for moments longer, then she too fell off and hit the ground. 

8You stopped the car and walked over to see if the girls were okay.  Your friends had gone over to Ms Nash who was unconscious.  When she came to, she was thrashing around, talking gibberish and was difficult to understand.  Ms Smith was conscious but confused and complaining of a sore ankle.  000 were called.  You asked one of your friends, Daniel Gibcus, to tell police that he had driven the car to the car park but he refused. 

9Ambulances took both girls to the Maroondah Hospital and later that night Ms  Nash was moved to The Alfred, due to the severity of her injuries.  She had bleeding on her brain and her injuries were classified as life-threatening. 

10On the medical evidence in respect of Ms Nash, she was found to have an inter-cranial haemorrhage.  There was a left optical extradural haemorrhage, a left subdural haemorrhage and diffuse axonal injury to her brain.  She required an urgent craniotomy which was required to reduce pressure.  A fracture was located to the left eye socket, left temporal bone and left scapula and she also suffered soft tissue abrasions. 

11Ms Nash was in a coma for 10 days.  She was diagnosed with post-traumatic amnesia and spent 23 days as an inpatient due to the severity of her brain injury.  Upon release she was assessed as having mildly reduced speed of processing, abstract reasoning and cognitive flexibility.  Ms Nash's vision was affected and she was required, and will continue to require, further surgery relating to her brain injury.  The impact of her injuries may be life-long and there are further effects of a traumatic brain injury to which Ms Nash remains vulnerable.

12On the medical evidence relating to Ms Smith, she sustained a fracture to her left heel and gravel wounds.  She also had a laceration to her head.  Her recovery was slow, taking over three months for her to be able to place weight on her heel again and she has required physiotherapy. 

13Police arrived at the scene soon after the ambulances.  You told police that you were the unlicensed driver of the car.  You provided a negative preliminary breath test result.  You were taken to the police station and on testing provided negative results for various other drugs. 

14The following day police went to seize the car from the car park but it was no longer there.  On the 2nd of February the car was located at your friend, Martin Viliamu's house.

15On examination, police found no mechanical fault with the car which would have caused or contributed to the girls falling off the boot.  There were no fittings on the boot that would have allowed them to hold onto it.

16When you were interviewed by police you said that you had no idea why the girls were on the car and that you wanted them to get off and they would not, so you reversed slowly, then went forward to scare them.  You recognised that you had gone a bit fast.  You thought you were doing about 20 kilometres or under, but you were only guessing and not checking the speed.  You said that you thought by your actions they would get off, but then you put your foot down a little bit thinking it would scare them.  You knew there was a fair chance they would be injured as a result.  You were pretty sure that they pushed themselves off, but you had no idea and when you saw what happened you went straight over to check that they were all right and you were freaking out.

17You said that you never have had a driver's licence and that you thought that Martin Viliamu was going to drive the car.  You admitted that you should not have bought the car and the police had told you on those earlier occasions not to drive it.  You also admitted being on bail for drug offences. 

18Both Ms Smith and Ms Nash prepared victim impact statements, as did their mothers and Ms Nash's brother, Cody.  These were read aloud in court.  It is apparent that the effect of your actions on Ms Smith has been significant, in that her recovery has been prolonged with her experiencing limited capacity to walk unassisted because of the associated pain of her injury.  As a consequence her studies and other plans for the year has been disrupted and she will have to rely on others to assist her.  In a second statement Ms Nash states:  "Ten months of unnecessary pain, physical work and mental struggling for absolutely no reason at all." 

19The effect on Ms Nash and on her family has also been significant.  This was particularly so with stress and anxiety regarding the extent of Ms Nash's injuries immediately after the incident when she was in hospital and the assistance that she has required since her recovery.

20There are significant strains on the relationships between Ms Nash and her mother, who understandably is concerned for her daughter and remains worried and anxious about her condition.  Ms Nash's plans for the year have also been destroyed. She is severely limited in relation to sporting and social activities and her capacity to earn money.  It has impacted on herself, family and friends.  She is extremely self-conscious regarding her appearance, being required to wear a helmet when she out. 

21You are currently aged 19 years, but were 18 when this incident occurred.  You are a young offender as defined under the Sentencing Act.  Since you were released on bail, you have resided with your mother and step-father in Toolangi.  You are in regular contact with your father who lives in Carrum Downs.  You also have two older brothers and one younger brother.  Family members and friends were in court to support you.  I was provided with some written material or character references from family and friends and I take those matters into account.

22You attended at a number of primary schools, ultimately attending Vermont Special School and completing your senior education at Heatherwood School.  You have had sporadic employment since finishing school and you have actively sought work.  With the assistance of Youth Justice you have participated in Certificate III Rural Operations course and other employment programs.  Today I received a further reference from Ms Elissa Griggs in relation to your involvement with the Rural Operations course which is a positive reference and I take that into account.

23You were referred through your bail program for an assessment for Disability Support and were assessed as eligible to access those services.  You were also allocated a Youth Justice Support Worker, John Daly, who was present in court for these proceedings.

24I received four reports from Youth Justice regarding your time on bail.  These were dated 18 April, 6 May and 1 August and 18 October 2016.  This material speaks highly of your positive engagement with Youth Justice and Community Support Services, your attempts to gain employment, compliance with supervision and involvement in community activities such as local football. 

25It is reported you have been fully compliant with your conditions, including attending all appointments, and that you have been appropriately engaged in sessions.  It is recognised that you have a supportive family and stable accommodation and that both your determination regarding, and interest in obtaining employment are all positive features in terms of both your short and long-term future.  Youth Justice assesses your rehabilitation prospects as excellent. 

26I also received a procedure report from Carla Lechner, Consultant Psychologist, dated 23 June 2016.  I take all of the material contained in that report into account.

27She administered psychometric testing on you and placed your performance in the mildly intellectually disabled borderline range with 98 per cent of adult population performing better.  She concludes that your disability impacts on your capacity to think logically, anticipate and evaluate consequences, and to inhibit impulses.  She links your actions relating to this incident to those characteristics.  Ms Lechner notes that you expressed regret about your actions and that you have appropriate victim empathy.  It appears to her that you did not fully appreciate and evaluate the possible consequences of your actions on account of your cognitive deficits. 

28It was submitted on your behalf and not disputed by the prosecution, that there is a causal nexus between your offending and your intellectual disability enlivening Verdins.  It was submitted that your intellectual disability impacted on your ability to exercise appropriate judgment and that you have a tendency to act impulsively with little regard to the consequences of your actions.  I accept your moral culpability for this offending is reduced. 

29Additionally, it was submitted on your behalf that general deterrence and specific deterrence should be moderated and that given your disability you were not an appropriate vehicle for these sentencing principles.  I accept these principles should be accorded lesser weight in the sentencing exercise which I  must undertake. 

30As a result of Ms Lechner's assessment and your involvement with Youth Justice on bail, you were referred to Disability Client Services for assistance and support and were allocated a case manager.  A Justice plan was prepared with a client overview report dated 9 August 2016 and updated 25  October 2016. 

31The latter report sets out your level of disability, developmental history, contact with Disability Services and your current circumstances.  I take this material into account. 

32It is apparent you have successfully engaged with the Department of Health and Human Services Specialist Services since August when the Justice plan commenced.  It is noted in conclusion that it is anticipated with ongoing engagement in the skills-based program and additional supports made available to you, that you can make significant achievements in relation to your impulsive behaviours.  You have engaged well with all services and continue to be positive about strengthening your supports.

33I take into account your plea of guilty.  You have pleaded at the earliest opportunity and there is a significant utilitarian benefit in the plea, saving the community the cost and inconvenience of a trial, and avoiding the need for witnesses to give evidence.  Your plea is also indicative of your acceptance of responsibility for your actions and shows a willingness to facilitate the course of justice. 

34Additionally, I accept that your plea is indicative of remorse.  Such is consistent with your words and actions immediately after the incident at the scene, your candid responses in the record of interview and your presentation whilst you have been on bail and in contact with Youth Justice workers.  Additionally, Ms  Lechner referred to your genuine remorse and your expressions of appropriate victim empathy. 

35You have no prior convictions.  You were placed on a good behaviour bond with a Justice plan in August in respect of a drug offence, trafficking Ecstasy which I was informed related to you attempting to obtain funds, concerned about your reliance on family for your personal spending.

36You were arrested for these matters and on remand for a period of eight days.  I was informed during that time you were in the cells at Heidelberg, placed with one young offender and another who was significantly older.  You found that experience scary and confronting and you were only able to have limited contact with your mother.  I accept that experience was particularly difficult for you.

37I also accept that many of the aggravating features that are usually present in cases of this nature, are not present here.  There is no suggestion of alcohol or drug-use by you, or speed.  However, there were some aggravating features, namely:

(1) The high risk that you exposed the girls to when driving whilst they were on the boot;

(2) The extent of injuries they both suffered, particularly Ms  Nash.  There were two victims and the impact of their injuries on them and their families has been significant;

(3) You had only days before been told by police not to drive, that being the second time that you had been warned by police about driving unlicensed within about a month;

(4) You were on bail for an unrelated offence when this happened. 

38For the purposes of sentencing you for these offences, you are a young offender as defined by the Sentencing Act [1991].  It was submitted on your behalf that the principles in Mills relating to young offenders were applicable.  Reference was made by counsel for the prosecution to the relevant sentencing principles in Neethling [2009] VSCA 116, in cases involving young drivers and the importance of general deterrence.

39It was, however, conceded that given the application of Verdins to your circumstances, your moral culpability was reduced as was the weight to be accorded specific and general deterrence. 

40As the court in Neethling recognised, these cases present a difficult and challenging sentencing exercise –

"There is widespread community alarm at the very serious motor accidents involving young drivers.  It is appropriate that deterrence be used to encourage young drivers not to drive dangerously" – at paragraph 54.

41Cases like these show the very serious and almost tragic consequences that can follow from young men shirking the responsibilities that come with having the control of a motor car.  I accept the submission that given your age, mild intellectual disability and genuine remorse, despite the objective seriousness of this offending, rehabilitation is a primary sentencing consideration.  As previously indicated, I take into account principles of general and specific deterrence and your reduced moral culpability for this offending. 

42Your counsel submitted I should place you on a Community Correction Order with a Justice plan attached, or alternatively, sentence you to a term in Youth Justice.  The prosecution did not submit that either of these dispositions was not open to me.  I had you assessed as to your suitability for a Youth Justice Centre order and for a Community Correction Order, having considered that these were the only two sentencing dispositions available to me for your offending.  Both reports provided to me were positive. 

43After giving careful consideration to all relevant sentencing principles, I propose to place you on a Community Correction Order with conditions including a Justice plan condition attached as recommended in the report. 

44Mr Corrin, could you just stand up for a moment?

45What I am going to do is place you on a Community Correction Order for a period of three years.  You will be required to do 150 hours community work, there will be a condition regarding supervision, there will also be a condition regarding you attend any Offending Behaviour programs as directed. 

46I am going to have you come back to me in six months' time under a judicial monitoring condition and that is really for me to just check that everything is going all right. You are doing very well and hopefully that will continue. There will be a condition regarding you to comply with the Justice plan and pursuant to s.80(4) of the Sentencing Act. That condition can only be for a period of two years.  I want it noted on file that you were remanded on 26 January 2016 and bailed and that you had eight days in custody in relation to this matter. 

47Can I just check with you please, Ms Casey, have the conditions of the Community Correction Order been explained to Mr Corrin?

48MS CASEY:  I  haven't this morning, Your Honour.  I presumed they were as part of the assessment but I can reiterate.

49HER HONOUR:  You will confirm those with him.

50MS CASEY:  Yes.

51HER HONOUR:  Thank you.  The conditions and requirement of the order have been explained to you by Corrections already, and that you understand the obligations in relation to that order.  You must understand though, Mr Corrin, the consequences of you failing to meet those obligations, and I hope they have also been explained to you. 

52You should understand that what may happen if you do not do what is required by the order, is to come back before me.  To be clear, you will come back before me if you breach, for re-sentencing for this offence and my options will be much more limited in relation to what I can do.  You will also have a licence cancellation.  I understand the mandatory minimum term in relation to that is 18  months.

53MR LIVITSANOS:  That's correct.

54HER HONOUR:  So you will not be able to go for your licence for a period of 18 months.  I hope you have got rid of the car, and just do not drive.

55OFFENDER:  Yes, thank you.

56HER HONOUR: All right. Your counsel oppose the application made pursuant to s.464ZF on the basis of your age, disability and your good rehabilitation prospects, however given the seriousness of this offending, I propose to grant the application.

57What that means, Mr Corrin, is pursuant to s.464ZF of the Crimes Act, I order you undergo a forensic procedure for the scraping from the mouth until a sample of sufficient standard is obtained for placement on a data base.  I must inform you that if, at the time of the request, you do not consent to the taking of a mouth scraping under the supervision of an authorised police officer, then the sample will be a blood sample and the police can use reasonable force to enable that forensic procedure to be conducted. 

58Pursuant to s.6AAA I declare that save for your plea of guilty, you would have been sentenced to a period of two and a half years in Youth Detention if you had not pleaded guilty to this matter.

59Are there any other matters that I need to include? 

60MS CASEY:  No, Your Honour.

61MR LIVITSANOS:  No, there is not, Your Honour.  I have that paperwork, Your Honour, for the questions.

62HER HONOUR:  For the 464, thank you.  Ms Casey, if you could go with my associate now for signing of the Community Correction Order, thank you.

63Thank you.  The parties are excused. 

64(At this stage the court proceeded with another matter.)

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