Director of Public Prosecutions v Crees
[2022] VCC 283
•11 March 2022
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
GENERAL LIST
CR-20-01420
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| COLIN CREES |
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JUDGE: | HIS HONOUR JUDGE DEMPSEY | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 16 November 2021 and 27 January 2022 | |
DATE OF SENTENCE: | 11 March 2022 | |
CASE MAY BE CITED AS: | DPP v CREES | |
MEDIUM NEUTRAL CITATION: | [2022] VCC 283 | |
REASONS FOR SENTENCE
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Subject:CRIMINAL LAW – Sentence
Catchwords: Handling Stolen Goods – Multiple Theft Charges – Attempted Theft – Burglary – Conduct Endangering Persons – Driving Offences – Dishonesty Offending – Extensive Offending – Property of Significant Value Stolen – Accused Broad Behavioural Problems
Legislation Cited: Sentencing Act 1991 (Vic); Crimes Act 1958 (Vic); Road Safety Act 1986 (Vic)
Cases Cited: R v Verdins (2007) 16 VR 269; Worboyes v R [2021] VSCA 169
Sentence: Total effective sentence of 3 years’ and 3 months’ imprisonment with non-parole period of 2 years; Section 6AAA declaration of 4 years’ and 8 months’ imprisonment with a non-parole period of 3 years and 2 months.
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Ms H. Edwards | Office of Public Prosecutions |
| For the Accused | Mr R. Alexander | Nelson Brown Legal |
HIS HONOUR:
Introduction
1Colin Crees, you have pleaded guilty to an indictment containing:
(a) Three charges of Handling Stolen Goods (Charges 1, 2, and 3) (maximum of 15 years’ imprisonment);
(b) One charge of Attempted Theft (Charge 4) (five years’ imprisonment);
(c) One charge of Burglary (Charge 5) (10 years’ imprisonment);
(d) Seven charges of Theft (Charges 6, 7, 8, 9, 11, 12 and 13) (10 years’ imprisonment);
(e) One charge of Conduct Endangering Persons (Charge 10) (five years’ imprisonment); and
(f) One charge of Possession of a Drug of Dependence (Charge 14) (one year imprisonment).
2You have also consented to this Court hearing and have pleaded guilty to the related summary charges (that I will refer to as “RSO’s”) of:
(a) Fail to Answer Bail (Summary Charge 1) (30 penalty units or three months’ imprisonment);
(b) Commit an Indictable Offence whilst on Bail (Summary Charge 3) (30 penalty units or three months’ imprisonment);
(c) Drive whilst Disqualified (Summary Charges 56 and 65) (240 penalty units or two years’ imprisonment);
(d) Failure to Comply with a Duty of Driver (Summary Charge 61) (10 penalty units or imprisonment for not less than 14 days’ imprisonment and not more than one month imprisonment);
(e) Possess Cartridge Ammunition without a Licence (Summary Charge 64) (40 penalty units); and
(f) Deal with Property Suspected of being Proceeds of Crime (Summary Charges 90, 122 and 123) (two years’ imprisonment).
3The offending covers a period of approximately six months from June 2019 to December of that same year. You were 35 at this time, unemployed (having previously worked as a truck driver) with no fixed address. It is protracted offending, with the most serious aspect of your conduct involving the ongoing targeted and dishonest acquisition of items of value for reward. That is not to dimmish the gravity of your behaviour when evading arrest and recklessly endangering the serious injury of police who were attempting to intercept you in December of 2019.
4It is sensibly conceded by your counsel that I must impose a head sentence and a non-parole period of imprisonment in your case. The duration and structure of that sentence is based on the reasons I am about to articulate.
Background to the Offending
5The background to the offending was set out in the Amended Summary of Prosecution Opening dated 15 November 2021. It was taken to be an agreed statement of facts, save for aspects relating to the reckless conduct endangering serious injury charge (that were resolved on the Further Plea of this matter).
Co-Accused
6There are two co-accused in this matter, Christopher Waugh and
Amber Coladonato.7You and Mr Waugh are associates. At the time of the offending, Mr Waugh was residing as a tenant at Leaks Road, Rockbank, Victoria 3335 (‘the Leaks Road property’). He had been residing there for approximately six months.
8In the course of the investigation, text messages between Mr Waugh and yourself were obtained. Those text messages established that you were permitted to store stolen items at the Leaks Road property when required and that you would also be assisted by Mr Waugh when necessary, for example, see text message one:[1]
Text Conversation One:
'Crees:Hey mate, can I put my caravan at yours for a [sic] couple days
I’m just [sic] gonna hotel it til Monday
Waugh:Yeah bud for sure'
[1]Depositions at p 95 and p 85 respectively.
Text Conversation Two:
'Crees:Wanna drop amber off with me an ol [sic] go change cars get out of the area for a bit
Waugh: Roger buddy'.
9It is alleged that Mr Waugh would then sell the stolen items from the Leaks Road property. The charges against Mr Waugh proceeded in the Magistrates’ Court on 7 June 2021. He was convicted and sentenced to a total aggregate sentence of 119 days imprisonment, reckoned as served.
10
At the time of the offending, you and Ms Coladonato were in a relationship.
She had pleaded guilty to her involvement in the theft of three motor vehicles (detailed below). Those charges finalised on 24 January 2020 and Ms Coladonato was sentenced without conviction to an adjourned undertaking.
11Insofar as parity might apply to the sentence imposed on you Mr Crees, I deal with that matter elsewhere in my reasons.
Relevant Dates
12On 20 March 2017, your driver’s license was cancelled and disqualified by the Sunshine Magistrates’ Court for a period of not less than four years. Accordingly, on all relevant dates of offending, your license was disqualified.
13On 7 November 2019, Victoria Police executed a search warrant at the Leaks Road property (‘the search warrant’). In the execution of the search warrant, police located seven stolen motor vehicles, the thefts of which dated back to June 2019. You were not present at the property when the search warrant was executed.
14Other offending occurred after the execution of that warrant.
15Finally, on 17 December 2019, you were arrested and participated in a record of interview with respect to all charges.
16You were remanded in custody until a successful Bail Application on 6 April 2020.
17After a period of negotiation with the Office of Public Prosecutions, the matter resolved by May of that year, with a summary jurisdiction application held and refused on 20 August 2020. Your matter was adjourned for a plea to this court on 4 March 2021. Regrettably, you did not appear.
18A warrant for your arrest was issued and was executed on 21 October 2021. The matter first came before me as a Plea on 16 November 2021. You were again in custody at this time and have remained there until sentence.
Offending
RSO Charge 1 – Fail to Answer Bail
RSO Charge 3 – Commit an Indictable Offence Whilst on Bail
19On 2 May 2019, you were charged and bailed by Victoria Police, for an unrelated matter, to attend the Sunshine Magistrates’ Court on 23 September 2019 (‘the first undertaking of bail’).
20On 20 May 2019, you were again charged and bailed by Victoria Police for unrelated matters, to attend the Sunshine Magistrates’ Court on 15 November 2019 (‘the second undertaking of bail’).
21On 23 September 2019, you failed to appear at the Sunshine Magistrates’ Court in accordance with the first undertaking of bail and a bench warrant was issued.
22On 15 November 2019, you failed to appear at the Sunshine Magistrates’ Court in accordance with the second undertaking of bail and a bench warrant was issued.
23Accordingly, between 2 May 2019 and 15 November 2019, you were subject to at least one undertaking of bail.
Charge 1 – Handling Stolen Goods
RSO Charge 3 – Commit an Indictable Offence Whilst on Bail
24On 17 June 2019 between 9.30 am and 12.30 pm, Ms Coladonato stole a twin‑axle trailer bearing registration W5096 from a workshop belonging to Mojo Motorcycles in Altona North. The trailer is valued at $6,000.
25Following that theft, you took possession of the trailer and stored it at the Leaks Road property.
26On 7 November 2019, when executing the search warrant, investigators located the trailer out the front of the Leaks Road property. The trailer was attached to a 2016 Black Volkswagen Amarok Utility vehicle (see Charge 3 below).
27You were the subject of the first and second undertakings of bail at the time of this offending.
28Of this offending, during your interview you said:
(a) 'I think I picked it up off a guy in…Altona or something like that, but that was his trailer, it wasn’t stolen or anything like that'; and
(b) 'I was dropping it off for him, yeah… I found out it was stolen, yeah'.
Charge 2 – Handling Stolen Goods
RSO Charge 3 – Commit an Indictable Offence Whilst on Bail
29
Between 6.00 pm on 6 September 2019 and 7.30 am on 9 September 2019,
Ms Coladonato stole a Grey CRV caravan bearing registration P07778 from River Port Engineering in Echuca. That caravan was worth $30,000.
30Following the theft, you took possession of the stolen caravan and stored it at the Leaks Road property. Checks on the mobile phone used by you placed you in Echuca and driving the caravan to Rockbank.
31Again, you were subject to the first and second undertaking of bail at the time of this offending.
32On 7 November 2019, when executing the search warrant, investigators located the caravan at the Leaks Road Property.
33During your record of interview you said:
(a) 'I bought the caravan off a young bloke. The same bloke got the – the Amarok from';
(b) That you'd purchased it for '$500';
(c) You believed the caravan was stolen when you purchased it.
Charge 3 – Handling Stolen Goods
RSO Charge 3 – Commit an Indictable Offence Whilst on Bail
34On 11 October 2019 between 12.30 am and 7.00 am, Ms Coladonato stole a 2016 Black Volkswagen Amarok Utility bearing registration ALL628 from a residential address in Craigieburn. That vehicle is valued at $40,500.
35Following the theft, you took possession of the stolen vehicle and again, stored it at the Leaks Road property.
36You were subject to the second undertaking of bail at the time of this offending.
37On 7 November 2019, when executing the search warrant, investigators located the vehicle at the Leaks Road property.
38During your record of interview, you stated:
(a) 'I bought it off a bloke that I met. I got it cheap too, it was about 500 bucks…I had to – cause I needed a car. I had no car and so I brought it',
(b) 'Pretty sure they said it was stolen, but as I said, just the situation I was in'.
Charge 4 – Attempted Theft
RSO Charge 3 – Commit an Indictable Offence Whilst on Bail
39Between 3.00 pm on 1 November 2019 and 1.30 pm on 5 November 2019, you attended MKM Constructions at Barretta Road, Ravenhall. You went there with an unknown associate. Force was used to break into the property via secure fencing.
40A Caterpillar Excavator (‘the Excavator’) was driven out of the premises and to a nearby factory area. The Excavator was not able to be driven any further and you left the scene, whilst your associate remained with the Excavator. That Excavator is valued at $83,700.
41The Excavator was fitted with a Global Positioning System (‘GPS’) tracking device, which was removed to avoid detection — its last detected location being in Ravenhall. Checks on your mobile phone reveal that you were in the area at the time the offence had occurred.
42
On 3 November 2019, you sent a photograph of that Excavator in a field to
Mr Waugh, with a location of Ravenhall.
43You were subject to the second undertaking of bail at the time of this offending.
44That Excavator has not been recovered.
45During your record of interview, you initially denied any knowledge of the theft, however, stated:
(a) 'I was there…I’m not gunna say who I was with, but that’s – yeah, I was – I did send the photo to Chris to say – but as for pulling that GPS thing out…I can’t do that sort of stuff';
(b) 'I can’t actually drive those things…Just, I’ll tell you right now, I cannot drive one of those things';
(c) 'I’m pretty sure it got left on the side of the road ‘cause it needed to be towed from where it was and it – it was bogged… It couldn’t be moved. I didn’t get it anywhere'; and
(d) With respect of the associate remaining with the Excavator: 'I don’t even know how they got it out there, but, yeah, I couldn’t pull it out. Yeah, he – yeah, he stayed yeah'.
Charge 5 – Burglary
Charge 6 – Theft
Charge 7 – Theft
46Within a month of the previous offending, on 7 December 2019 between 1.30 am and 2.20 am, you attended the Moorabool Wind Farm at Bungleel Tap Road, Ballan, again with an unknown associate.
47You entered a secure shed where vehicles were parked by damaging the hinges on the entry gate.
48A Mitsubishi Triton utility vehicle bearing registration INL8OZ and then a trailer registered to Mammoet Pty Ltd bearing registration Z26505 were parked within the property.
49You attached the trailer to the Mitsubishi Triton. You then drove the vehicle with the attached trailer out of the premises.
50That Mitsubishi Triton is valued $35,000. The trailer is valued at $10,000.
51During your interview you stated:
(a) 'I went out there and I was with some – I can’t even remember her name, some young chick';
(b) 'It was, like, a tip-off sort of thing. I had no money, no nothin’. I was just not in a…good way. I went out there and done it. Took the car. I took a trailer as well';
(c) 'I remember going – I remember walking around. There were…like, four cars there I think and I was checking to see if they were open and…the last one was open and the…keys were in there'; and
(d) 'It was something that I – that I shouldn’t have done. I wish I hadn’t done that'.
Charge 8 – Theft
52Between 6.00 am on the same day, being 7 December 2019 and 5.30 pm on 10 December 2019, you attended the Wyndham Vale train station, driving that same stolen white Mitsubishi Triton.
53You approached another white Mitsubishi Triton bearing registration plate AKV675, owned by Brendan Morrow. You removed the registration plates from the front of the vehicle. You affixed the stolen registration plate, AKV675, to the front of the stolen white Mitsubishi Triton 1NL80Z.
54The registration plate AKV675 was located on the front of the stolen Mitsubishi Triton (1NL8OZ) on 17 December 2019, when you were arrested.
55During your record of interview you stated: 'I think I got [the number plate] from the car in Werribee. It was in a car park. Pretty sure it was at the train station I done it'.
Charge 9 – Theft
56On 12 December 2019 between 3.30 am and 5.30 am, you attended a caryard located at 24 William Angliss Drive, Laverton North with an unknown associate.
57You entered the caryard by an unknown means and moved a scissor-lift, which was blocking access to a white Kenworth Prime Mover bearing registration: SUMTPT.
58The Prime Mover was fitted with a GPS tracking device which was removed by your associate.
59You gained entry to the Kenworth Prime Mover and drove it away from the premises. That Prime Mover, Mr Crees, was worth about $130,000. Thankfully, it was eventually recovered in Marina Court, Strathtulloh.
60When interviewed, you stated:
(a) 'Someone wanted a truck or something like that and they asked me if I – if I’d get it…and they’d give me some… I said ‘yeah, no worries, and as long as it’s, you know, a big company and that’ and I thought it was, you know, ‘cause there was a few trucks out the front';
(b) 'I took the truck from – from where they had it and I took it somewhere else and parked it up';
(c) 'I was with that young kid…yeah, I regret that';
(d) 'The young bloke took the GPS out';
(e) 'I was driving past it and…I shouldn’t have done that'.
Charge 10 – Conduct Endangering Persons
RSO Charge 56 – Drive Whilst Disqualified
RSO Charge 61 – Failure to Comply with a Duty of Driver
61On 13 December 2019 at approximately 10.58 pm, police observed a black motorcycle travelling along Bakers Lane, Melton West. The motorcycle was in convoy with a white Mitsubishi Triton bearing no registration plates.
62That motorcycle, which police confirmed to be stolen, approached the residential address at Baker Lane, Melton West.
63Shortly thereafter, police arrested Troy Payne, the driver of the motorcycle at the address. Senior Constable Ryan Mitchell parked an unmarked police vehicle along Baker Lane, which formed part of the cordon during the arrest of Mr Payne.
64You were driving the Mitsubishi Triton and accelerated at speed towards Senior Constable Mitchell in the police vehicle. You swerved, narrowly missing the car, however, collided with the external mirror of the police vehicle.
65You then drove into a nearby Colourbond fence, destroying approximately 10 metres of fencing. You narrowly avoided colliding with a house before speeding away from the location.
66As you drove away from the scene, you narrowly avoided colliding with another parked police vehicle.
67As established earlier, you did not hold a valid driver license at the time of the offending.
68During your record interview you stated:
(a) 'I pulled into the driveway, I noticed the car quickly come in behind…I realised that it’s come in the other end too, and that’s then I’ve panicked and I didn’t know what was going on, but I knew Troy was in strife with a fella and I just thought that was them';
(b) 'So I’ve…I veered to the right of the car…in between the car and the fence and hoped for the best and I think I took a bit of the fence out. I’m not sure if I hit the car or not. I didn’t want to hit the car, but they didn’t want to stop either, so – so I fuckin’ did it'; and
(c) 'Never once did I think it was an unmarked police, no. The next day, yeah, I got told'.
Charge 11 – Theft
69On 15 December 2019 at approximately 1.46 am, you attended Australian Tyre Traders located at 23 Sunshine Road, Footscray West in the stolen Mitsubishi Triton. The stolen Mitsubishi Triton was in convoy with a dark-coloured vehicle driven by an unknown associate.
70Entry was forced into the property using an angle grinder to cut open the entry gates. A large tandem trailer, bearing registration Y31432 was parked inside of the property. Once inside the premises, you attached the trailer to the stolen Mitsubishi Triton and left the area. The trailer was marked with the Harvest brand and ‘Tyre Traders’ vinyl detailing. The trailer is valued at $32,624.
71At the time the trailer was stolen, the following items were inside it:
(a) Two trestle tables, value unknown; and
(b) An A-frame business billboard for Harvest Tyres, valued at $691.02.
72During your record of interview you stated:
(a) 'I took a trailer the other day, but I shouldn’t have done it and that was tandem';
(b) 'Yeah, it was just me. I done it on me own';
(c) When asked about the other car that was observed: 'I’m not sure, maybe it was driving past or something'; and
(d) When asked what was done with the trailer: 'Just took it out to a paddock or something, I dunno…Melton somewhere'.
Charge 12 – Theft
73Between 1.46 am on 15 December 2019 and 7.00 am on 16 December 2019, you attended a construction site at 124–132 Doherty’s Road, Laverton North with an unknown associate. The site operated under the name Fulton Hogan.
74Entry was forced into the construction site via the front gate by cutting a padlock.
75You towed the trailer stolen from Australian Tyre Traders onto the site. Whilst on the property, you placed the following items into the trailer:
(a) TRX 600 Surveying Tool, valued at no less than $34,000;
(b) Two Red Milwaukee battery power chargers, valued at $1,635;
(c) Two CBM radio’s, valued at $440;
(d) Eleven cable drums, valued at $12,000;
(e) Oxygen cutting equipment, valued at $3,500; and
(f) A key belonging to Regional Contractors.
76In order to fit all of the stolen items in your trailer, you unloaded Harvest‑branded items from the trailer which were stolen from Australian Tyre Traders on 15 December 2019. You then attached the trailer to the Mitsubishi Triton and drove away from the area.
77During your record of interview, you stated:
(a) 'Yeah I done that'; and
(b) 'Yeah it was – how should I say it – last few days probably just – I’m just knocking around with the wrong people the last few days and just – yeah'.
Charge 13 – Theft
78On 16 December 2019 at 12.35 pm, you attended a residential address at Maya Avenue, Thornhill Park with an unknown associate.
79
You attached a silver box trailer bearing registration Y95948 belonging to
Rajinder Gill, to an unknown vehicle.
80Once the box trailer was attached to the vehicle, you drove away. That trailer was worth approximately $3,400.
81The registration plate Y95948 was located on 16 December 2019, in the rear tray of the stolen Mitsubishi Triton you were driving when you were arrested.
82The trailer has not been recovered.
83During the record of interview you stated:
(a) 'I was on me own' when he stole the trailer;
(b) 'That’s in…I think I left it in Werribee…I think Point Cook';
(c) 'I dunno what I done. I was gonna take it back and…I’m sorry. I didn’t know what to do, you know'.
Charge 14 – Possession of a Drug of Dependence
RSO Charge 64 - Possess a Cartridge Ammunition Without a License
RSO Charge 65 – Drive Whilst Disqualified
RSO Charges 90, 105 and 123 – Deal with Property Suspected Being Proceeds of Crime
84On 17 December 2019 at approximately 10.40 am, you were observed by police driving along Station Road, Melton. You were driving the stolen Mitsubishi Triton with no registration plates attached to the rear of the vehicle.
85Police followed you to Prowash Carwash on Barries Road, Melton, where you parked the stolen Mitsubishi Triton in one of their washing bays.
86Police approached you, as you were washing the Triton, and placed you in handcuffs under arrest. You were then transported to Melton Police Station.
87The stolen Mitsubishi Triton was towed to Melton Police Station where a search of the vehicle was undertaken, and the following items were seized:
(a) One small zip lock bag containing 1.2 grams of methamphetamine;
(b) One small green container containing 0.28grams of methylamphetamine;
(c) One shotgun shell;
(d) $750.00 cash;
(e) One set of machinery keys;
(f) Two sets of unidentified keys;
(g) Single key with Kenworth key chain;
(h) Key with Regional Contracts tag;
(i) Discovery Parks room key;
(j) Key with Kennard’s Generator tag;
(k) One Holden key;
(l) One Ford key;
(m) Set of keys with tag AVIS REGO #1NL8OZ;
(n) Set of keys with black remote;
(o) Set of keys of a 5.5 tonne excavator;
(p) Set of keys with a black FOB;
(q) Ryobi air compressor;
(r) A Makita branded case, drill, saw and angle grinder;
(s) Various boat fixtures;
(t) Two Bolt cutters;
(u) Black bag containing various tools;
(v) Dewalt power tool;
(w) Various copper piping;
(x) Excavation ‘Daily Inspection Checklist’;
(y) Registration plate Y95948; and
(z) Registration Plates AKV675 (attached to the vehicle).
88During the record of interview you stated:
(a) With respect to the frequency of your methamphetamine use: 'Probably, you know, just whenever I can get hold of it, I suppose, I dunno';
(b) With respect to the shotgun shell: 'I found that, yeah, but I don’t have – I don’t deal with guns';
(c) With respect to the various copper piping: 'I’m not sure…I probably picked it up from somewhere, I dunno'; and
(d) With respect to the various tools: 'I couldn’t tell you…I’m not sure… The – the trailer, yeah, there was some tools in that'.
89You made many admissions in the course of your interview, though it seems to me you were not always frank about who you offended with. That is particularly so with respect to Charges 1, 2 and 3. That is understandable, given your relationship with Ms Coladonato at the time of your arrest. I have been invited to accept those admissions as evidence of remorse by both parties and in your case, I am prepared to do so.
History of Proceedings
90You were charged on 17 December 2019 and remanded in custody by Victoria Police. You were presented to the Melbourne Magistrates’ Court for Filing Hearing on 18 December 2019, where you were remanded in custody.
91The matter resolved at a Committal Mention on 28 May 2020.
92The matter was listed for a Summary Jurisdiction Application on 29 October 2020.
93When the application was refused, you were committed for a Plea Hearing to this court on 4 March 2021.
Custody and Bail
94As far as your circumstances in custody and on bail are concerned, I will say the following. You were first remanded in custody for these charges on 17 December 2019.
95On 31 March 2020, you were sentenced by the Sunshine Magistrates’ Court to a 30-day term of imprisonment for unrelated matters (though I am told that they involved charges of criminal damage and yet more theft of motor vehicles). Thirty days pre-sentence detention was reckoned as served for that matter. That 30 days needs to be deducted from the formal reckoning of pre-sentence detention in this matter.
96You were granted bail and released on this matter on 6 April 2020.
97Having been granted your conditional liberty, your bail was revoked by the Melbourne County Court on 4 March 2021, when you failed to appear to this Court for your plea. I will explain why that was so in a moment.
98You were arrested and remanded in custody on that bench warrant on 18 October 2021. Accordingly, between that arrest on the first date of the Plea on 16 November 2021, you had served an additional 29 days in custody. By that time, you had served 110 days in custody for this matter by way of pre-sentence detention.
99Now, at the time of sentencing on 11 March 2022, you have served 194 days (or approximately six months) in satisfaction of the sentence I am about to impose.
Matters Personal to You
100Having dealt with your extensive offending, Mr Crees, I will now turn to matters personal to you. You are now 36 years of age, having been born in March 1984. You were 35 years at the time of the offending. You grew up in Melton, Victoria with your parents and two brothers.
101Your mother is a Real Estate Agent and your father is a Truck Driver. They are hardworking, decent people who have been actively involved in any life of any community in which they have lived.
102Your family moved to Darwin when you were 13 years old. They returned to Victoria when you were 18 and moved back to Darwin a year later, where you lived until the age of 26. You left the family home in your twenties and moved across Australia for periods of time.
103Your parents and younger brother reside in South Australia and have done so for the past five years. It is understood that your father suffered a workplace injury and possibly suffers from an Acquired Brain Injury (‘ABI’). This injury contributes to him experiencing mood swings, as well as other cognitive and behavioural issues which impact on the family dynamics.
104You have also reported that your older brother has a history of substance abuse and he has been estranged from both of your siblings.
105I am informed that with respect to early development, you had an uncomplicated birth and met normal developmental milestones.
Education
106In terms of education, you completed Prep to Year 9 in Kurunjang. You attended Year 10 in Darwin and left school to complete a bricklaying apprenticeship. You spoke positively of your time at school and denied learning or behavioural difficulties in school or at work.
Employment
107You have a history of being employed for long periods of time. Indeed, you described yourself as a 'workaholic'. You commenced work as an Apprentice Bricklayer at age of 16. You built up your own bricklaying business and later held jobs as a Truck Driver in the mining industry.
108At the time of your arrest for the offending before me though, you were both unemployed and effectively homeless, which I will come to later.
Personal Relationships
109
At age 26, you lived in Wodonga for 12 months with your then partner
Sarah Johnstone.
110You relocated to Perth to work as a Truck Driver and Miner and remained there until age 30. You then came back to Melton. You met Ms Johnstone in Melton previously and you have a daughter together born in April 2012. Ms Johnstone had teenage children from a previous relationship, and you struggled in this context as you felt their behaviour was at times uncontrolled.
111You had spent some time in Queensland in late 2017, but returned to Melbourne in January 2018, after you were assaulted there.
112This assault and the aftereffects of it assumed real prominence in this Plea. It was put that as a result of this assault, you suffered from a number of behavioural problems and symptoms effectively consistent with an ABI and Post Traumatic Stress Disorder (‘PTSD’) (giving rise to the principles enunciated in Verdins).[2]
[2]R v Verdins (2007) 16 VR 269.
113Material provided in support of your Plea hinted at the existence, but did not provide a sound evidentiary basis for such a finding.[3] In an effort to resolve this issue, the plea was adjourned part-heard while a neuropsychological report was obtained.
[3]See Exhibit 1: Defence Outline of Plea Submissions at [16]–[20] incorporating materials from the hospital you attended, your General Practitioner and the CISP Assessment (themselves Exhibits 3–4 inclusive).
114I was provided with a Neuropsychological Report from Dr Sara Fratti dated 16 January 2022. Regrettably Mr Crees, you proved to be somewhat of a vague and reluctant historian to your assessor. This did not give her much comfort in acting on the manner in which you said you were assaulted and its long term effects on you, if any. Further, you applied less than genuine effort to the cognitive testing required of you. Accordingly, though you may have presented with some risk factors of a possible ABI, it was not possible for Dr Fratti to accurately determine whether or not you had a substance-related or trauma-related brain injury given your testing was considered to be invalid.[4] As Dr Fratti notes, I ought not (and I make it clear, do not) equate your performance in testing as evidence of deliberate exaggeration.
[4]Exhibit 7: Neuropsychology Report Dr Sara Fratti dated 16 January 2022 at [40].
115Consistent with that Report though, I am unable to find you suffer from such a brain injury. The same can be said for the suggestion that you have PTSD – a remark which comes from a GP’s medical certificate alone.[5] The evidence available to me is not of the kind of cogency or clarity that it needs to possess before I mitigate your sentence because of it. I will deal with this in further detail below.
[5]Part of Exhibit 4.
116In any event, it was put on your Plea that your drinking and drug use escalated after this assault. Your behaviour deteriorated and with it, your de facto relationship.
117This relationship broke down in mid-2019 and you were removed from your shared house by police, who sought a full non-contact Family Violence Intervention Order (‘FVIO’) against you. Your daughter was on that order. You have not seen her since. You reportedly struggle profoundly with this.
Homelessness and the prelude to the Offending
118After the breakdown of this relationship, you were homeless and living in your car. This lack of stability in your life — that you had no fixed place of residence is evident as early as the second paragraph of the amended summary of prosecution opening in your plea. You admitted your behaviour spiralled out of control and became involved in crime until you were gaoled.
119Unable to cope, you started associating with antisocial peers and your alcohol and substance use increased quite significantly.
120During this time, you formed an intimate relationship with Ms Coladonato, who is a co‑accused in this current matter. Ms Coladonato had fallen pregnant with your child in 2020, but had a stillbirth the day after you had returned home on bail in April 2020.
Forensic History
121You admit a number of prior convictions in Victoria, Northern Territory (‘NT’) and Western Australia (‘WA’).
122In 2004, at Echuca Magistrates’ Court, you were dealt with for two charges of Driving whilst Disqualified, two charges of Exceed Proscribed Concentration of Alcohol (PCA) and one charge of Resisting Police. You were placed on a community based order (CBO) for nine months and fined in that instance. Your driver’s licence was cancelled and disqualified for 12 months.
123You breached that CBO on 10 March 2005, but no action was taken upon the breach. On that same day, you were dealt with for charges of Assault Police, Failure to Answer Bail, Drive at Excessive Speed, and again, Exceed PCA. You were given 14 days’ imprisonment for the assault matter, suspended for 12 months. You were fined on the balance of the charges.
124In August 2006, you were sentenced in a Court of summary jurisdiction in Darwin for charges of Driving whilst Disqualified and Diving with Alcohol in Blood, all while being an unlicenced driver. You were sentenced to six weeks imprisonment, suspended for two years.
125In July 2008, again in Darwin, you were due to appear in Court for Aggravated Assault, and Failing to Comply with a Restraining Order. You failed to appear.
126It appears that after further appearances in late 2008 and late 2009, you were finally dealt with for the charge of Failing to Comply with a Restraining Order and fined $750.
127In Joondalup, WA you were fined $300 for Breach of a Police Order and fined.
128In that same court in 2015, you were fined $300 for Breach of a Restraining Order.
129It seems that your drivers’ licence was cancelled for four years on 20 March 2017. That period of disqualification would only have ended on 19 March 2021.
130On 31 July 2017, you were again before the Echuca Magistrates’ Court on charges of Exceed PCA, Unlicenced Driving, Careless Driving, Speeding, Number Plates not Affixed, Failing to give Name and Address, Failing to Report Accident, and Failing to Answer Bail. You were fined an aggregate of $2000 then and your licence was cancelled for 16 months.
131On 29 September 2017, you were dealt with for two charges of Contravention of a Family Violence Intervention Order. You were fined $500.
132You, Mr Crees, appear to have a long and sorry history of ignoring Court orders, or for some reason thinking you ought not be bound by them. This applies to orders prohibiting you from driving, family violence orders, community based orders and orders that grant you bail.
133Your poor history of compliance with orders of the Court generally counts against you. Many of the offences before me occur in breach of bail, or in breach of licence disqualification, or both. I emphasised that this contemptuous attitude to court orders is by no means a recent phenomenon in your life. You failed to even appear for your Plea in this matter.
134I note though, that in the prior criminal history I have just outlined, you do not have a history of dishonesty, nor have you ever been imprisoned before.
Conduct on Bail
135You spent between 17 December 2019 to 6 April 2020 in custody, before finally being bailed under the auspices of the CISP program. You remained on CISP until August 2020, when you were exited from the program.
136You were recommended for a raft of conditions on CISP — which itself hinted at various diagnosis such as an ABI and PTSD. You acknowledged your history of substance (predominately methamphetamine since the age of 34) and alcohol abuse.
137You remained on bail until your Plea was due to be heard on 4 March 2021. You had fled the jurisdiction by then. You had to be arrested and extradited back to Victoria in October 2021. I now understand why you failed to appear. You were drawn home to where your parents lived. They supplied you with a loving and nurturing environment to live in. You were employed with them six days a week. You had reconnected with your daughter. You appeared to be free of illicit substances. I can understand (but not condone) your desire to be with them in the hope that you may reform yourself with their support. Their reference on your behalf speaks of your grief of losing a child with Ms Colantando, your need for family support and your genuine efforts to reform yourself in their presence and with their help.[6] There is some optimism that you once again might be heavily involved in their caravan hiring and repairing business, upon your release from prison. You are fortunate to have their support. Can I add this Mr Crees, I can only imagine how you would feel if someone stole from them items of the kind of value you stole from others.
[6]Exhibit 6: References (Reference of Frances and Geoffrey Crees dated 26 January 2022).
Observations and Findings Regarding the Offending
138You committed no less than 23 offences in around 26 weeks. The total value of items you stole, attempted to steal, or handled knowing they were stolen, or possessed while being suspected of being the proceeds of crime, was $380,000.
139Part of Exhibit C on the Plea was a chart titled ‘Updated Property List’ which sets out items of property that are the subject of this offending that were either damaged, recovered or unaccounted for.
140In most instances, the property which was recovered was not damaged. The Black Amarok the subject of Charge 3 was recovered, though burnt out by persons unknown.
141The $83,000 Excavator the subject of Charge 4 was never recovered. In the end, more than $150,000 worth of property remains unrecovered and unaccounted for. This includes tools of the trade of the kind the subject of Charge 12.
142You also placed members of the police force in danger of serious injury by the way you drove. You persistently breached orders directing you not to drive, and breached the terms of your bail repeatedly.
143On your behalf, in a thorough Plea conducted by your counsel, it was put:[7]
(a) The offending is serious in that involves thefts of multiple vehicles and items from businesses.
(b) Notwithstanding some elements of planning, such as attending at the windfarm, the offending was largely haphazard, such as the police incidents and opportunistic, such as the theft of the truck. The offending was largely characterised by someone under the influence of substances; someone who was bound to get caught and he was when he was arrested at the car wash.
(c) Effectively the primary offending spans approximately a month and a half month between 1 November 2019 (Charge 17) and 17 November 2019 (the date of arrest).
(d) Much of the offending occurs in a single week period that culminates in your arrest.
[7]Exhibit 1: Outline of Plea Submissions dated 2 February 2021 at [3].
144In response to those propositions, Ms Edwards on behalf of the Crown noted at paragraph [7] of her submissions, that the Court ought to have regard to the following matters (along with maximum penalties available) when assessing the gravity of your offending:[8]
[8]Exhibit B: Prosecution Submissions on Sentence dated 3 March 2021.
(a) The offending was protracted, having been committed over a period of six months. Whilst it is put on behalf of Mr Crees that much of the offending occurs in a single week, the offending should nonetheless be characterised as protracted. The commission of the most serious offences, Handling Stolen Goods, commenced in June of 2019.
(b) With respect of the property and dishonesty offending, Mr Crees specifically targeted commercial premises (save for the offending subject of Charge 13), where property of significant value was stolen. The total quantum of offending exceeds $380,000, as detailed in Schedule A of the Crown submissions.
(c) It is not accepted that the offending was ‘largely haphazard’ and ‘opportunistic’. It is submitted that the property and dishonesty offending was pre-meditated and had elements of sophistication, including:
(i)You attended at the commercial premises and the residential premises late in the evening, often in company of others;
(ii)There were instances where you were specifically alerted to the targeted premises in advance of the offending. With respect to the theft from the Moorabool Wind Farm, for example, the offending was described as 'a tip off sort of thing' where you 'got a phone call to say…to come out to the – this joint and – and helped just like, get stuff';
(iii)You were equipped to commit each offence, demonstrating a degree of pre-planning. The theft of property from Fulton Hogan (Charge 12), for example, required you to attend at the premises with a trailer in order to remove property. Similarly, the theft of the box trailer from Thornhill Park (Charge 13) and the handling of the stolen caravan (Charge 2) and stolen twin-axel trailer (Charge 1) could only be committed using a vehicle with towing capabilities as well as the necessary skills to attach those vehicles to those items;
(iv)Text messages sent by you indicate knowledge of GPS tracking devices, and the need for them to be removed in order to avoid detection. For instance, the following text message was sent by you to Mr Waugh on 31 October 2019 that reads as follows:
'If Ali has called you about 1.7 excavator, do not let him take it to your place it will be tracked. I got a brand new one for ya and it’s been done proper…on a bangin trailer too. It’s hire equipment they have to have tracker to be insured'.
(d) The property offences were primarily motivated by greed and financial gain. Whilst you acknowledged that you would use methylamphetamine prior to the offending, you denied that the offending was committed to supplement your use. In your record of interview, you made consistent references to committing the offending as a means of making money or obtaining items for yourself, for instance:
(i)'Yeah, like, someone offers you a car for, like, really cheap, O.K., you can… yeah, just sort of being in the position I’m in, like with – yeah. A quick dollar’s a quick dollar'.
(ii)“Someone wanted a truck of something like that and they asked me if I – if I’d get it, you know, and they’d give me some'.
(iii)'I had to – cause I needed a car, I had no car and so I brought it'.
(e) With respect of the charges pertaining to your driving on 13 December 2019, it is noted that you were aware that other cars had been parked around you, when you engaged in that manner of driving. Your actions placed the police officers sitting inside the vehicle in substantial and real danger of serious injury. [9]
[9]The parties agreed that this is how this offending was to be put on 27 January 2022.
145In my view, your offending is sufficiently regular to make it protracted. The offending was apparently driven by the same needs you had for money over a period of time. Charges 2–4 (which are by no means minor offences and are very much of a similar character to the balance of your offending) occur in September, October and November 2019 respectively. Then, within a month of Charge 4 occurring, Charges 5–14 on the indictment are committed. It cannot be said that there is any meaningful hiatus between the offending that commences in September 2019 and concludes four months later in December 2019. Your offending was ended because of your apprehension and arrest, and not by choice it seems.
Matters of Sentencing Principle
Plea of Guilty
146Your plea of guilty is significant. You pleaded guilty to these charges at an early stage. The community is saved the cost and inconvenience of a trial. The utilitarian value of this plea is high, particularly given the ongoing impacts of the Covid-19 pandemic on our justice system. An early plea reflects the taking of responsibility for the crime, remorse and a willingness to facilitate the course of justice.
147Accordingly, your plea must attract additional significant utilitarian value, in light of the recent comments by our Court of Appeal in the case of Worboyes v R.[10]
[10] [2021] VSCA 169.
Application of Verdins?
148As to the question as to whether Verdins applies or not, as I noted earlier, given the paucity of cogent evidence available to me, I cannot and do not sentence you on the basis that you have a brain injury or PTSD.
149As I said to your counsel during the Further Plea, I am prepared to accept though, you were involved in an assault and that this was frightening and unexpected for you. I can well understand that this might have made you more vulnerable to seeking refuge in drugs and alcohol. I note that from viewing your prior criminal history, you do not appear to have an appetite for violence yourself.
150Ms Cidoni makes reference to you suffering from an Adjustment Disorder (‘AD’) in her report. She does not provide a strong evidentiary basis for a finding of impaired mental functioning. That opinion/diagnosis of the Adjustment Disorder reads:
'There were signs of a persisting depression and a level of maladjustment in response to stress indicative of Adjustment Disorder that most likely occurred in response to his relationship breakdown'.[11]
[11]Exhibit 2, page 5 (emphasis added).
151Whilst Ms Cidoni then provides general description of what an AD ordinarily encompasses, a discussion of the specific impact of an AD on you is limited to the following:
'In my opinion, Mr Crees’ offending occurred in this context, as a result of Adjustment Disorder and resulting drug use, that resulted in disinhibition, increased autonomic activity, perceptual disturbances, amotivation and impaired judgment. In this state, his judgment and clear thinking was severely compromised'.[12]
[12]Ibid.
152It is submitted that this limited opinion only serves to identify broad behavioural symptoms that lack specificity to both the nature and severity of the symptoms and their relationship to the offending. It is also unclear the extent to which the broad behaviours are attributable to the AD as opposed to the result of methamphetamine use. It is submitted the broad nature of the opinion provided does not meet the relevant evidentiary burdens required to enliven Verdins.
153With respect, I do agree with the Crown submissions at paragraphs [18] to [21] inclusive, on how to treat this material. Accordingly, it is submitted by the Crown there is an inadequate evidentiary basis upon which limb three of Verdins could be enlivened.[13]
[13]Exhibit B.
154Though Dr Fratti did not diagnose you with an ABI or PTSD, that is not to say there was not value in her useful and insightful report. She opines:
'Mr Crees has a history of mental health difficulties, likely personality features (i.e. Cluster B) and poor coping resources, which have contributed to his psychosocial difficulties and warrant assessment and treatment intervention. His problematic alcohol and ice use has contributed to his mental health and psychosocial difficulties more broadly. His use has exacerbated after his relationship breakdown in 2019, contributing to his downward spiral and his current predicament.
Mr Crees satisfies DSM-5 diagnostic criteria for Alcohol and Stimulant Use Disorder, which is in remission, as he is in a controlled setting (i.e. prison). Although at this stage it is not possible to determine whether he had a substance-related ABI, should he resume drinking or using drugs, Mr Crees would be at risk of developing an ABI in the future. Treating Mr Crees’ problematic alcohol and substance use is paramount in terms of reducing his risk of relapse and recidivism. Offering him a stable accommodation and encouraging him to engage in meaningful activities, including a return to vocational opportunities, will also be important to minimise risk of re-offending. Protective factors in his favour are his history of relatively stable employment and support from his mother.
Mr Crees might find a custodial term more onerous than someone in good health due to his mental health difficulties. It is recommended that his mental health be closely monitored by forensic mental health services during his time in custody'.[14]
[14]Exhibit 7: Neuropsychology Report Dr Sara Fratti dated 16 January 2022, p 7 [44]–[46].
155I make this observation, Mr Crees, about paragraph [45] of Dr Fratti’s opinion. The protective factors that she talks about are of the very kind that you were surrounded with when you fled to your family in South Australia in 2021. It confirms for me that under the right circumstances of familial support, you may well be reclaimed.
Custody in the Pandemic
156You have spent now approximately six months in custody at a time when I consider there has been a no more onerous time (in modern times at least) to be a remandee. I will take into account the particularly isolating time you have spent on remand.
Property Offences
157Whilst no victim impact statement has been made, it is clear the victims would have been impacted by this offending and the Court is entitled to so infer. In their witness statements, several of the victims note they have suffered financially as a result of the offences committed by you.[15]
[15]Statement of Samuel Miller, at [16], Depositions p 36; Statement of Brendon Kirkwood, at [8], Depositions p. 42; Statement of Robert Summons, dated 28 January 2021, at [10]–[11].
158Unlike many other offences, the consequence of ‘property offending’ can in many ways at least be quantified in terms of money stolen, benefit obtained, or value of property damaged. When properly assessed, the monetary value associated with pure property offending will commonly be the best indicator of its scale. Property value will thus be a key consideration in determining offence seriousness, but it is not necessarily decisive.
159In your case, the gravity of the offending can be measured against the sheer value of the items you either stole, handled or otherwise dishonestly possessed. Moreover, as I said earlier, the offending was persistent and regular. You purposefully sourced machinery and vehicles of often high value. Your offending was planned, purposive and targeted high value items where possible. There was a measure of cunning sophistication about the offending, including the removal of tracking equipment to prevent your detection. When you were not thieving, you were handling stolen items for others or possessing items that did not belong to you.
160Your motivation was a financial one (although I do not treat that in the same way that I treat greed) with items to be on sold, often for a pittance. There are no signs of enrichments in terms of purchases or the like from you. Nor did the sale of items seem to provide you with any stability or comfort in your life.
161Approximately $380,000 was dishonestly acquired or otherwise handled or possessed by you. About $150,000 worth of property is still unaccounted for. Individuals and businesses were inconvenienced or caused loss. There are obvious knock on effects of this kind of offending. People become concerned about the security of their own legitimately acquired property and insurance becomes more expensive to guard against offending of the type you committed.
162All things considered, yours is a reasonably serious example of persistent dishonest offending.
Conduct Endangering Offences
163In terms of the gravity of the endangerment offence, the key factors are the nature and degree of risk created, and whether a weapon was used. In your case, you drove at vehicles that had boxed you in, in a street for the purposes of apprehending you. You professed to have no knowledge or belief they were in fact police, but rather said they were individuals there to harm your associate, Troy. The Crown have not invited me to sentence you on the basis you knew they were police and I do not do so.
164Nevertheless by your plea, you acknowledge you drove a car, at speed, towards an occupied car. You were close enough to that car to clip the side mirror. You then continued to drive into a fence for 10 metres, narrowly missed a house before speeding off, before somehow avoiding another unmarked parked police car parked at the end of the lane. As far as reckless episodes goes, it is a serious example of it. You placed those in the first car at risk of serious injury. It is appalling conduct and warrants condemnation and stern punishment.
Commit Offence on Bail
165The breach of bail charge is troubling. The charges the subject of the indictment were committed whilst on bail for other offences (and sometimes on more than one count). The fact that you committed those matters while on bail is a relevant matter, although care must be taken, so as to avoid any risk of double punishment, as between these offences and the related summary offence of Commit Indictable Offence on Bail. The summary offences for current sentencing purposes essentially involves your preparedness to willingly defy a Court order, which granted you conditional liberty, on the basis you would not commit any further offences.
166Further, pursuant to s16(3C) of the Sentencing Act1991 (Vic), any term of imprisonment imposed for an offence committed on bail must (unless otherwise ordered) be served cumulatively upon any other sentence of imprisonment imposed on you.
167In the context of this offence, you are not to be punished twice or additionally for the conduct the subject of the indictment and I do not propose to fall into that error. I propose to give you a sentence that is to run concurrently with other sentences on this charge, given I have already treated your offending on bail as a feature that elevates the seriousness of that other offending.
Driving Offences
168You have prior convictions for (amongst other things) driving whilst disqualified, unlicenced driving, driving in excess of the prescribed concentration of alcohol, and failing to report an accident. In these proceedings, you again drove whilst disqualified, and when you did so with respect to Charge 10, you endangered others. You have shown a contemptuous attitude to the fairly simple proposition a Court has ordered – that you not to drive a motor vehicle.
169Not only will you receive a term of imprisonment for this offending, but I will make an order cancelling your licence and disqualifying you from driving.
170A period of licence disqualification after your release emphasises the punitive aspects of sentencing. In making the order, I have to have regard to the disqualification period’s effect on your rehabilitation and whether the period fixed would be counter-productive to its achievement. I do not wish for the lack of a valid driver’s licence to unduly impede your ability to obtain or retain work, or attend appointments. Regrettably though, the nature of your offending and the number of type of your prior convictions means that the orders against your licence will still be substantial.
Parity
171Ms Coladonato pleaded guilty to her involvement in the three thefts I have earlier referred to, where you have pleaded guilty to handling of the goods stolen by her. Ms Coladonato was sentenced without conviction, to an adjourned undertaking for a period of 12 months.
172The role of Ms Coladonato in your offending, when compared to yours, is obviously limited. Ms Coladonato was only 18 years of age at the time of sentence — that is to say, approximately half your age. She had no prior criminal history of any kind. Parity has little to no application when considering your sentence, Mr Crees, taking into account the differing roles in the offending, your respective ages, and her lack of a prior criminal history.
173I was provided with an Addendum to the Summary of Prosecution Opening dated 21 January 2022,[16] which contained the summaries to which Mr Waugh pleaded guilty in the Sunshine Magistrates Court on 23 September 2021, the relevant Court extract of that sentence and his prior criminal history.
[16]Exhibit C.
174Mr Waugh pleaded guilty to four charges in common with you — reflecting his criminality in the handling of stolen goods, the subject of Charge 1, Charges 2 and 3 and Charge 6. He pleaded guilty to other charges of Handling Stolen Goods, Possess and Traffic Methamphetamine, as well as offending on bail. He was in custody at the time of his sentence and was sentenced to a period of 119 days reckoned as served as a part of an aggregate.
175I know precious little of Mr Waugh’s personal circumstances, other than what I have been provided with by way of the summary, prior convictions and extracts. The fact that he received an aggregate sentence in the Magistrates’ Court, makes any exercise in assessing parity somewhat more difficult.
176Mr Waugh was some seven years older than you, but like you, he had never before been imprisoned before. He appears to be on an 18 month community corrections order (‘CCO’) in July of 2020, with specific conditions to assist in his reform.
177It appears the Leaks Road property he occupied was a safe space for him to store stolen goods for or with you. The availability of those premises ended when police searched the property on 13 November 2019. In so far as it was said that Mr Waugh (by virtue of his possession of the Leaks Road property), gave you some kind of licence to offend. The fact remains that his involvement in any joint offending with you ended on 5 November 2019. You then continued to offend from 7 to 17 December 2019 in a serious way — or as your counsel has put it — the majority of the offending occurs during this time with you acting independently of him.
178Your offending in my view is of a different magnitude to his. It is more persistent and includes of course, the conduct endangering persons offence. You are to be dealt with for 17 different and discrete offences (both on indictment and RSO’s) that he is not involved with.
179The texts referred to above are of you asking permission to store items at his house, or in the case on Charge 4 — you sending him a photo of the excavator. He pleaded guilty to the handling of that item — indeed it was said in his summary that it was taken to the Leaks Road property and then obtained by a third party.
180I take into account parity to the extent that you are being dealt with for the same offences as Mr Waugh, and in my view, it seems that both you and he, were at least, equal parties in your offending together.
181I note your counsel conceded that a head sentence and a non-parole period was the inevitable consequence of your offending. This concession was a proper one for him to make. I cannot and would not impose a straight sentence in your case of the kind or a duration imposed on Mr Waugh.
182I consider your prospects for reform as somewhat guarded. You are by no means, Mr Crees, without hope and you would not want for familial support or employment upon release. I cannot ignore the fact that your last substantive offence occurred more than two years ago, back in December 2019, and in light of that, amongst other things, I propose to give you a meaningful period of parole to maximise whatever prospects of reform you have in light of this.
Structure of Sentence
183By way of the structure of the sentence, despite the planning that went into some of the dishonesty offences, the maximum penalty that attaches to the handling stolen goods charges (being 15 years) and the sheer value of the items involved, I consider that the danger posed to persons represents the more serious single instance of criminality. I acknowledge that Charge 4 carries a maximum penalty of five years, but nonetheless, the sentence imposed on this charge will be the base sentence.
184Given the large number of charges I have to sentence you on, I am particularly conscious of the principal of totality. What I have done, is moderated the degree of cumulation between counts, to arrive at a sentence that reflects the totality of your criminality.
185I consider an aggregate sentence pursuant to section 9 of the Sentencing Act 1991 (Vic), open really only with respect to the sentences on Charges 90, 122 and 123 that will become evident in a moment.
Sentence
186On Charge 10, Mr Crees is convicted and sentenced to 16 months imprisonment which is the base sentence. And then in order from Charge 1 and following:
Charge Offence Maximum Sentence Cumulation*
On base and each otherIndictment K13242067 1 Handling stolen goods 15 years’ imprisonment 3 months 1 month 2 Handling stolen goods 15 years’ imprisonment 6 months 1 month 3 Handling stolen goods 15 years’ imprisonment 8 months 2 months 4 Attempted theft 5 years’ imprisonment 11 months 3 months 5 Burglary 10 years’ imprisonment 8 months 2 months 6 Theft 10 years’ imprisonment 5 months 1 month 7 Theft 10 years’ imprisonment 5 months 1 month 8 Theft 10 years’ imprisonment 14 days Nil 9 Theft 10 years’ imprisonment 14 months 3 months 10 Conduct endangering persons 5 years’ imprisonment 16 months Base 11 Theft 10 years’ imprisonment 9 months 2 months 12 Theft 10 years’ imprisonment 11 months 3 months 13 Theft 10 years’ imprisonment 3 months 7 days 14 Possession of a drug of dependence 1 year imprisonment 7 days Nil Summary Charges 1 Fail to answer bail 30 penalty units or 3 months’ imprisonment 1 month 7 days 3 Commit an indictable offence whilst on 30 penalty units of 3 months
imprisonment2 months Nil 56 Drive whilst disqualified 240 penalty units or 2 years imprisonment 3 months 7 days 61 Failure to comply with a duty of driver 10 penalty units or not less than 14
days imprisonment and not more than 1 months imprisonment14 days Nil 64 Possess cartridge ammunition without a license 40 penalty units Fined $400 Nil 65 Drive whilst disqualified 240 penalty units or 2 years imprisonment 3 months 7 days 90 Deal with property suspect being proceeds of crime 2 years
imprisonment10 months
(part of aggregate - Charges 122 and 123)3 months 122 Deal with property suspect proceeds of crime 2 years
imprisonmentPart of aggregate Nil 123 Deal with property suspect proceeds of crime 2 years
imprisonmentPart of aggregate Nil Total Effective Sentence: Three years and three months (39 months) Non-Parole Period: Two years (24 months)
Pre-Sentence Detention
187Pursuant to section 18 of the Sentencing Act 1991 (Vic), I declare that Mr Crees has served a total of 194 days by way pre-sentence detention, not including today’s date. I order that that period is to be reckoned as already served under that sentence, and I further order that the declaration and its details be entered in the records of this Court.
Section 6AAA Indication
188Mr Crees I can indicate to you, how much of a discount you have received by your plea of guilty. Pursuant to s6AAA of the Sentencing Act 1991 (Vic), I can tell you but for your plea of guilty, I would have sentenced you to a total effective term of four years and eight months, with a non-parole period of three years and two months.
Ancillary Orders
189The ancillary orders are sought in the form of a disposal order and forfeiture order, and will be made in the terms outlined – I note that those orders are made by consent.
190Finally, pursuant to the provisions of both the Crimes Act 1958 (Vic) and the Road Safety Act1986 (Vic) in relation to Charges 4, 6, 9, 10, related Summary Offences 56, 61 and 65, I order that all drivers’ licences be cancelled and you are disqualified from driving in the state of Victoria for a period of two years. That is to commence on approximately your earliest possible date on parole, which by my reckoning would be approximately 30 August 2023. Thank you for your patience counsel, that was quite an undertaking. Can you just check the mathematics and the orders for cumulation?
191MS EDWARDS: Yes, Your Honour. Yes, Your Honour, my calculation is the - with the cumulation 39 months being the three years and three months imprisonment.
192MR ALEXANDER: I agree, Your Honour, yes.
193HIS HONOUR: Are there any other orders or any other matters that I need to deal with?
194MS EDWARDS: No, those are the matters, Your Honour.
195MR ALEXANDER: I don't have any (indistinct words), Your Honour.
196HIS HONOUR: Thank you for your assistance. Sorry about the hold-up and the delay. I'd rather you had meaningful reasons to talk about or think about and follow rather than madly taking notes. Mr Alexander, I propose to leave the link along with Ms Edwards. You and your client and your client's family will remain on the link to discuss the outcome if you want.
197MR ALEXANDER: I'd be obliged, Your Honour, thank you.
198HIS HONOUR: All right. Adjourn the Court, thank you.
199MS EDWARDS: As Your Honour pleases.
200MR ALEXANDER: As the Court pleases.
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ADDENDUM ON REVISION:
201On 17 March 2022 correspondence from the Defence was received advising that there had ‘been an error with respect to the pre-sentence detention that is reflected in the final order’, with the correct pre-sentence detention being 226 days, not 194 days as stated.
202With the consent of the parties, pursuant to section 104B Sentencing Act 1991 (Vic), the Sentence imposed on 11 March 2022 was administratively amended to order that as at, but not including the date of Sentence, Mr Crees had served a total of 226 days by way of pre-sentence detention.
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