Director of Public Prosecutions v Dow
[2017] VCC 841
•23 June 2017
| IN THE COUNTY COURT OF VICTORIA | Revised Not Restricted Suitable for Publication |
AT MELBOURNE
CRIMINAL JURISDICTIONCR-16-01409
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| SONNY JAMES DOW |
---
| JUDGE: | HIS HONOUR JUDGE GRANT |
| WHERE HELD: | Melbourne |
| DATE OF HEARING: | 23 June 2017 |
| DATE OF SENTENCE: | 23 June 2017 |
| CASE MAY BE CITED AS: | DPP v Dow |
| MEDIUM NEUTRAL CITATION: | [2017] VCC 841 |
REASONS FOR SENTENCE
---
APPEARANCES: | Counsel | Solicitors |
| For the Director | Ms T. Saville | Office of Public Prosecutions |
| For the Accused | Mr T. Danos | Victoria Legal Aid |
HIS HONOUR:
1 Sonny Dow, you have pleaded guilty to one charge of burglary, two charges of theft, one charge of reckless conduct endangering life and one charge of criminal damage. You have also pleaded guilty to the related summary charges of unlicensed driving and drive vehicle with prescribed concentration of drugs.
2 The maximum penalties for these offences are as follows:
· Burglary: Ten years' imprisonment;
· Theft: Ten years' imprisonment;
· Reckless conduct endangering life: Ten years' imprisonment;
· Criminal damage: Ten years' imprisonment;
· Unlicensed Driving: 25 penalty units or three months' imprisonment;
· Drive vehicle whilst exceeding the prescribed concentration of drugs: a fine of not more than 12 penalty units.
3 I have heard a summary of the offending. It is not my intention to repeat the whole summary. It has been tendered as Exhibit A in the plea proceedings.
4 Briefly, at approximately 2.30 am on 8 May 2016, you attended the rear of a premises in Jamieson Street, Warrnambool. You entered the garage, which was open at the time. You attempted to steal a Mercedes Benz. You stole a clutch purse containing lipsticks and the car keys from inside that vehicle. It is this conduct that constitutes Charges 1 and 2 on the indictment.
5 After attempting to steal the Mercedes Benz, you then entered an unlocked Mitsubishi Triton utility parked outside the garage. The keys were inside. You drove the car away. This behaviour constitutes Charge 5 on the indictment and the related summary offence of unlicensed driving.
6 At approximately 7.45 am, you lost control of the vehicle and crashed into the front of a house in Crawley Street, Warrnambool. The vehicle entered the lounge room of that residence. Both the vehicle and the building were extensively damaged. You left the scene and were later arrested at the local Centro shopping complex.
7 You were conveyed to the Warrnambool Police Station where an oral fluid test was conducted to which you tested positive. A blood sample was obtained and then analysed, indicating the presence of cannabis and methylamphetamine in your blood. These facts explain Charges 6 and 7 on the indictment and the remaining related summary charge.
8 You participated in a record of interview and made admissions to the offending. You were remanded in custody.
9 You were also charged with two other offences arising out of the events of that night. You pleaded not guilty to those charges and you were acquitted by a jury on 16 June 2017.
10 This offending is serious. You stole a car and drove it whilst unlicensed. You drove under the influence of drugs and in so doing, engaged in conduct that placed or may have placed persons in danger of death. In your unfit state, you crashed the car into the front of a house. The photographs of the aftermath of the collision show the considerable damage caused to the house and to the car. This is a case where general deterrence is a central sentencing consideration. I must make it clear to other people who may be minded to behave as you did, the seriousness with which the offending is regarded.
11 You have a significant and relevant criminal history. This means that specific deterrence and community protection are also relevant sentencing considerations.
12 I now move to those matters relevant to your background and those matters in mitigation.
13 You are a 34 year old Aboriginal man.
14 Your mother is an Aboriginal woman from Warrnambool and your father, who is now deceased, was an Aboriginal man from the Latrobe Valley. You grew up in Fitzroy and Preston before the family moved to Warrnambool when you were about eight years old. Your parents’ relationship broke down and your father moved to Drouin. You spent time over the following years living with each of them.
15 Your schooling was obviously unsettled and you were asked to leave the Kode School in Morwell in Year 10. At that time, when you were just 15 or 16, you had a problem with cannabis abuse. Your first appearance in the Children’s Court was at Moe when you were 15. It was followed shortly thereafter with appearances in the Warrnambool Children’s Court and then again in the Moe Children’s Court. Appearances in the Children’s Court at such a young age are usually indicative of significant family problems.
16 In the judgement of the Court of Appeal delivered on 20 October 2010, the Court said this about your background:
“The appellant’s life history was shown to have been a very unhappy one. His parents were affected by drug and alcohol problems. They separated when he was only eight. …..Of three siblings, two were in custody when the plea was heard. The appellant himself was a poor student. He had engaged in little employment since being expelled from school in Year 10. He was a long time polysubstance abuser, this causing him auditory hallucinations. At the time of the present offending he was on prescribed medication, although he had not taken it on the particular day.”
17 I am satisfied that you come from a background of childhood disadvantage. It is a matter that I take into account in a general way in determining your sentence.
18 Your mother and stepfather have attended court to support you. You have a girlfriend who has also attended court to support you. When you are released from prison you will be able to live with your family in Warrnambool.
19 Whilst you have been on remand, you have been prescribed methadone to assist with your drug withdrawal. You are also on anti –depressant medication. You have completed a substance abuse program and a relapse prevention program. It is to your credit that you have taken steps to try and deal with your long term drug problem.
20 Given your criminal history and your drug abuse history, I am very guarded about your prospects for rehabilitation. Your evidence before me confirmed your insight into the problems that your drug usage has caused you. Of course, you had that insight in 2010. Indeed, the Court of Appeal noted that whilst in custody at that time you had detoxified, studied and worked well. Your past history of drug abuse and your relapse at the time of this offending explains why I am pessimistic about your prospects. However, you are now in your mid-thirties and of an age where some offenders do successfully address their drug problems. Clearly your prospects for rehabilitation would be greatly enhanced if you could maintain a drug-free status upon your release from prison.
21 In determining the length of your sentence I have taken account of the fact that you have spent a considerable period of time on remand.
22 When you were interviewed by the police for the present offending, you made full admissions. You have pleaded guilty to the offences. You always indicated a willingness to plead guilty to the present offences. I regard the plea as an early plea of guilty. The plea is an acceptance of responsibility and is indicative of remorse. Your plea also has utilitarian benefit. You will be given credit for all these matters.
23 In sentencing you I intend to impose an aggregate sentence of imprisonment. This is because I am satisfied that the requirements of s.9 of the Sentencing Act 1991 are met.
24 On all the charges on the indictment, you are sentenced to an aggregate imprisonment term of 27 months. I fix a minimum term of 18 months before you will be eligible for release on parole;
25 On the charge of unlicensed driving, you are sentenced to 14 days imprisonment, to be served concurrently with the aggregate imprisonment term;
26 On the charge of drive with the prescribed concentration of drugs, you are convicted and fined $750;
27 On the charges of car theft, unlicensed driving and exceed the prescribed concentration of drugs, all licences are cancelled and you are disqualified from driving for 12 months.
28 I make a declaration that you have served 411 days pre-sentence detention.
29 Had you pleaded not guilty and been found guilty after a trial, I would have sentenced you to a total effective term of 39 months with a non-parole period of 30 months.
30 Are there any other matters?
31 MR DANOS: No, Your Honour.
32 MS SAVILLE: No, Your Honour.
33 HIS HONOUR: Yes, thank you. The prisoner can be removed. Thank you.
- - -
0
0
0