Director of Public Prosecutions v Drew
[2022] VCC 2075
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
| THE DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| ANDREW DREW ZARA LUNNEY-ADAMS CALEB CROMARTY |
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| JUDGE: | HIS HONOUR JUDGE CARMODY |
| WHERE HELD: | Melbourne |
| DATE OF HEARING: | 12 October 2022 |
| DATE OF SENTENCE: | 18 October 2022 |
| CASE MAY BE CITED AS: | DPP v Drew & Ors |
| MEDIUM NEUTRAL CITATION: | [2022] VCC 2075 |
REASONS FOR SENTENCE
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CR-22-01132 CR-22-01133 CR-22-01360
Subject: CRIMINAL LAW – Sentence
Catchwords: Conduct endangering persons of serious injury – Incitement – Attempt to pervert the course of justice – Drive whilst disqualified – Organised “hoon events” – Youthful offenders
Legislation Cited: Criminal Procedure Act 2009, s145; Sentencing Act 199,
s5(4C)
Cases Cited: Worboyes v R [2021] VSCA 169; Azzopardi v The Queen
[2011] VSCA 372; R v Mills (1998) 4 VR 235; R v Buscema
[2011] VSC 206; Boulton v The Queen [2014] VSCA 342; R
v Renzella [1999] VSCA 85
Sentence:Drew: Convicted and sentenced to 16 months’ imprisonment with a non-parole period of nine months’ imprisonment.
Lunney-Adams and Cromarty: convicted and ordered to serve a two-year community corrections order.
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| APPEARANCES: | Counsel | Solicitors |
| For the Director of Public Prosecutions | Ms N. Deltondo | Director of Public Prosecutions |
For Accused Drew | Mr N. Weinman | Burn City Legal |
For Accused Lunney-Adams | Mr A. Marshall (Plea) Ms N. Morgan (Sentence) | James Dowsley & Associates |
For Accused Cromarty | Mr A. Patton | Dribbin & Brown |
HIS HONOUR:
1On 12 October 2022 at the County Court of Victoria in Melbourne, Andrew Drew, you pleaded guilty to the following charges on indictment No.C2215318:
Charge 1, incitement. This is a rolled-up charge. The maximum penalty is five penalty units.
Charge 2, conduct endangering persons of serious injury. This is also a rolled-up charge. This charge has a maximum of five years' imprisonment.
Charge 3, attempting to pervert the course of justice. This has a maximum penalty of 25 years' imprisonment.
2Pursuant to the provisions of s145 of the Criminal Procedure Act, you have agreed to a related summary charge being heard at the time of your plea hearing. In respect of Summary Charge 4, which is driving whilst disqualified, you have pleaded guilty. That charge has a maximum penalty of two years' imprisonment due to your prior convictions for that charge.
3You have admitted your prior criminal history. You have had three previous court appearances between 21 May 2019 and 28 July 2021. At the time of the offences before the court, you were serving a community corrections order (“CCO”). Your prior offending includes theft of a motor car, dangerous driving, perjury, and on three occasions driving whilst disqualified. It is clear from your criminal history you have scant regard for court orders or chances given to you to serve a CCO in the past.
4You have served six days' pre-sentence detention in respect of these matters.
The circumstances of your offending
5The prosecutor tended the Summary of Prosecution Opening for Plea dated 16 September 2022. It was Exhibit “A” and will be attached to these reasons. The summary was read into the record. The prosecutor also tendered video footage of
some of the driving incidents but in particular the driving on 15 November 2021. The footage was played in court. It was Exhibit “B”.
Charge 1, Incitement
6Mr Drew, between 1 March 2021 and 16 February 2022, you organised 10 large- scale, high-risk driving events through a social media platform Snapchat. This charge encompasses 10 separate incidents where messages were sent by you on the following dates: 1 March 2021, 10 March 2021, 5 July 2021, 12 July 2021, 27 October 2021, 9 November 2021, 15 November 2021 - which is known as Incident 7, 6 December 2021, 29 December 2021, and 16 February 2022.
7In the messages, you actively incited attendees to engage in driving vehicles, causing loss of traction, and to hinder police in the course of their duties to intercept you.
8The language used by you is provocative and, on occasion, salacious in nature. You are not to be sentenced for your manner of speech but rather what you were inciting others to partake in over an extended period of almost one year. The meetings took place at numerous locations in the south eastern suburbs of Melbourne but not exclusively there.
9On 21 August 2021, you were disqualified from driving for a period of three months due to excessive demerit points. At this time, you had possession of a 1992 grey Holden sedan register no.RN4MUK.
Charge 2, Conduct endangering persons; Summary Charge 4, Drive whilst disqualified
10This is Incident seven that I referred to before. On 15 November 2021, in addition to inciting attendees to attend what was referred to as a ‘hoon event’ by the prosecutor, you also participated in driving which endangered the lives of others. These events occurred at Keysborough, Dandenong South, and Knoxfield. Such offences occurred whilst you were disqualified from driving.
11At approximately 9.47 pm, CCTV footage identifies your vehicle registered no.RN4MUK arriving at Cambria Road in Keysborough. Your vehicle was crossing the wrong side of Cambria Road with a distinct Domino's pizza topper on the roof. Pedestrians, spectators, and vehicles were in close proximity to your car. You then engaged in high-risk driving, performing burnouts with multiple pedestrians, spectators, and vehicles in close proximity to your car.
12A little later, at 10.42pm outside 17 Rushdale Street in Knoxfield, your vehicle registered no.RN4MUK was captured on an automatic number plate recognition camera attached to a Knox Highway Patrol vehicle 1RB9OH.
13Between 10.43pm and 10.46pm, triple zero received calls for police to attend; Windermere Drive and Rushdale Street in Knoxfield and Ferntree Gully Road in Scoresby. These locations are all in close proximity to each other, and the triple zero callers stated that there were 50 to 60 vehicles driving erratically, speeding and racing each other. The callers further stated they could hear vehicles performing burnouts in the area and the popping of tyres on vehicles.
14Located in the camera roll of your phone was 16 videos saved by yourself between 10 pm on 15 November 2021 and 6.30 am on 16 November 2021 which displayed the following:
(a) At Cambria Road Industrial Estate in Keysborough, you performing multiple burnouts. Your passengers were not wearing seatbelts.
(b) Spectators walk up within arm's length of your vehicle, RN4MUK, as the vehicle violently whips around narrowly missing these spectators.
(c) You then perform burnouts with other vehicles in close proximity and with other persons as your passengers perching themselves outside of the vehicle through the passenger windows.
(d) The rear tyres of RN4MUK pop as a spectator walks directly behind your
car and then of you rim-bashing the road surface, sending sparks towards spectators prior to you driving off.
15In addition, a video recording in Cambria Road, a mask spectator is recorded jumping onto the driver's windowsill and roof of your vehicle RN4MUK as you continue to spin your vehicle around in circles. In the next frame of the video, the male is no longer visible.
16Further videos on your phone recorded at the intersection of Bangholme Drive and Mark Anthony Drive in Dandenong South, show you driving your vehicle and performing a series of burnouts. Again, during the burnouts, three passengers are hanging from the passenger windows of your car. You violently whip the vehicle around the intersection, and spectators walk up to your vehicle RN4MUK and try to high-five and hold the hands of the passengers hanging out of the vehicle. In the background of the videos, a passing motorist can be seen attempting to use the roadway whilst other people block the intersection, performing the burnouts, and you were blocking the intersection.
17There were three additional videos that were saved onto your phone and recorded at Rushdale Street in Knoxfield, by spectators and later sent to you via Snapchat. Those videos show numerous people standing on the roadway. They also show you driving RN4MUK with three passengers hanging out of the windows performing numerous burnouts, and the persons are seen to actively encourage the crowd by waving their arms around.
18A TikTok compilation video was saved to your phone on 29 November 2021 at
3.43 pm and uploaded to TikTok on the same date. In short, you were advertising your criminality.
19The actions of you at Keysborough, Dandenong South, and Knoxfield created a large amount of smoke with spectators in close proximity whilst performing 360-degree burnouts at high speed. Accordingly, it is likely that if a collision were
to occur with a spectator, the result would have been at least serious injury if not death.
20Some of the video footage for 15 November 2021 was shown in the course of the plea hearing. It was Exhibit “B”. It is due to good luck, not good driving, that no one was injured or struck by your car as it swirled around in circles with people hanging out of the windows of your car. It is true to say that all the people watching you or participating in your car are there voluntarily. You are the organiser, and you are the driver. If you stop your car, the risk of people being injured ceases immediately. Part of the buzz for you must be in the collection of film of your antics, which of course the police have used to prosecute you in the end.
Charge 3, Attempt to pervert the course of justice
21By the time the police contact you and request your attendance at the police station in December 2021, they have identified you as the organiser of the driving meetings and the driver of RN4MUK. It was registered to you.
22On 8 December 2021, you contacted the police as you were requested to do so. As a result of the conversation with a police person by the name of Jacinta Allan, a driver nomination statement was forwarded to you. The email to you included the text that are the words 'If you provide false or misleading information on this nomination, significant penalties apply for attempting to pervert the course of justice'. That evening, you forwarded the nomination with the email, stating that 'Here is the form filled out with my mate who was driving the car on the 15th of November 2021. Let me know if there's anything else I can assist you with'. In the form that you sent, you had nominated Caleb Cromarty as the driver on 15 November 2021.
23On this date, you then made three bank transactions transferring on two occasions
$450 and on a third occasion a further $100 to Ms Lunney-Adams with the description 'loan'. Ms Lunney-Adams had made two transactions consisting of the
two $450 to Mr Cromarty with the description for those payments as 'car parts'.
24Later that evening, you contacted a Snapchat friend known as “Unknwwhoitis”. You told that person that 'He's going to be broke after tonight, gotta pay Zara's brother 1k to take the rap for this skid bullshit. If it's to keep me out of jail, it's gonna be done'.
25On 9 December 2021, police became aware that your vehicle had been seen in the vicinity of another hoon-related driving event as it is described by the prosecutor on 6 December 2021 on Healey Road in Dandenong South. The police have intercepted you with a group of friends after being called to the location for people performing burnouts in the intersection of Healey and Commercial Drive in Dandenong South.
26On 10 December 2021, you sent a message via Snapchat to a friend, Corey Johnson, stating that you did not have any money because you 'had to pay a mate to take the wrap for skidding my car'.
27On 23 December 2021, police contacted Mr Cromarty by phone and left a message to return their call. The police, shortly after received a call from Mr Cromarty, and he was requested to attend at the Dandenong Police Station in relation to the nomination form provided by you. Mr Cromarty attended to Dandenong Police station. He self-nominated himself as the driver of the vehicle RN4MUK at the event on 15 November 2021.
28Mr Cromarty was arrested and a record of interview was conducted. During that interview, he made full admissions to being the driver of the vehicle and performing burnouts in the presence of the audience at Cambria Road in Keysborough. He advised police that the registered owner, you, Andrew Drew, was a passenger in the vehicle at the time of incident and was encouraging him to perform the burnouts. Mr Cromarty was charged and bailed to appear at Dandenong Magistrates’ Court on 17 May 2022.
29On 20 January 2022, Ms Lunney-Adams made a further transaction consisting of a transfer of the $100 from her bank account to Mr Cromarty with the description of 'savings'. Accordingly, the transaction on 8 December 2021 and 20 January 2022 resulted in the total transfer from you, facilitated by Ms Lunney-Adams, to Mr Cromarty of $1,000 for this deception.
30On 23 March 2022, a search warrant was executed at 25 and 27 Bayfield Road West, Bayswater North. Present at the address was Mr Drew and Ms Lunney-Adams. You were arrested. Police seized a mobile phone from each of you, the licence in your name, the Domino's car topper, and a 1992 grey Holden Commodore sedan register no.RN4MUK.
31You were interviewed on that day. You participated in the record of interview with the police, and you stated as follows:
·You made admissions to misleading the police on 8 December 2021 and that you falsely nominated Mr Cromarty as the driver.
·You admitted that you were in fact the driver and that Mr Cromarty was not involved in the incident on 15 November 2021.
·You were freaking out as you were close to getting your driver's licence back and;
·You sought advice from your girlfriend, Ms Lunney-Adams, as to what you could do.
·Ms Lunney-Adams provided Mr Cromarty's details as a person who could help you out. You agreed to pay the $1,000 for Mr Cromarty to self-nominate as the driver.
·You electronically transferred the $1,000 to Ms Lunney-Adams for her to transfer the money to Mr Cromarty. Your intention was to mislead the police.
32You also admitted it was you that drove your vehicle on 15 November 2021. You said you did the burnouts and you covered the number plates with duct tape, and you further admitted that people were walking up to the car as it moved around, you never thought of stopping the car, and you knew people were hanging out of your car whilst you were doing your driving manoeuvres.
33In this charge, you have involved two other people for the sole purpose of avoiding the prosecution for driving whilst disqualified and then being taken back to the court for breaching the CCO that you were undergoing at the time.
Personal circumstances
34You are now 23 years old. At the time of the offending, you were serving a community corrections order. In fact, it was your third CCO.
35At the age of four years, your parents separated. You grew up in the care of your mother. You do not have any dealings with your biological father. At the time of this offending, you were living with your uncle and grandfather in Bayswater North and also at times with Ms Lunney-Adams. You are the father of Ms Lunney-Adams' child, which is due in January 2023.
36You completed Year 11 at Shepparton High School. You commenced an apprenticeship as a forklift mechanic in 2017. Due to poor supervision and your concerns for safety at work, you left that apprenticeship. After leaving the apprenticeship, you then worked as a general labourer in automaking, roof tiling, and landscaping. You moved to Melbourne in 2019 from Shepparton and then obtained work installing car park boom gates. You worked as a casual labourer for Kenworth in 2021.
37In 2022, you have started work with Grant Walker Parts in Bayswater. A reference from Mr Justin Walker, which was Exhibit “D2”, confirms your employment and notes your enthusiasm for cars and your remorse for your past mistakes.
38In 2011, you were assessed and a report prepared by Ro Canterbury, psychologist, to determine what was causing your learning difficulties that were noted as a 12- year-old. She assessed your intellectual ability as low but that you had good language skills, that report was Exhibit “D5”. Such were evident in the text messages you sent out before these meetings.
Sentencing considerations
39The basic purpose for which a court may impose a sentence are just punishment, deterrence, both specific and general, rehabilitation, the denunciation of your actions, and the protection of the community. In sentencing you, I must have regard to a range of factors, such as the seriousness of your offending, your culpability for it, and your personal circumstances. I am also required to balance the interests of the community in denouncing your criminal conduct with the interests of the community in seeking to ensure, as far as possible, that you, as an offender, are rehabilitated and ready to go out into society.
40I am also required to take into account current sentencing practices in fixing your sentence. That inquiry is directed particularly, but not exhaustively, to the kind of sentences imposed in comparable cases, and I have had a look at the statistics for those sentences. I have considered the statistics and the current sentencing practices. I am mindful that each case must be considered in the light of its own particular circumstances and many of the cases would be distinguishable from your case as indeed they are from one another.
41I am mindful of the provisions of the Sentencing Act and in particular s5(4C), which directs a sentencing court to consider whether a community corrections order can achieve the purpose for which the sentence is to be imposed.
42I have also reviewed the case of Boulton in considering if a community corrections order would be appropriate in your case. A CCO is not appropriate in your case. You have had three chances at a CCO and have offended whilst on such an order
in this case.
43You have pleaded guilty to this charge. Your plea of guilty was indicated at an early stage. Your plea does have the utilitarian value of allowing for the ordinary and effective administration of justice. There is a certainty of outcome and a resolution of the substantive issues raised by your offending. Your plea also allows for the preservation of the court and police resources to deal with other matters.
44Your plea vindicates the public confidence in the legal process set up to protect the community. Your plea is also a clear acknowledgment by you that you accept responsibility for your criminal behaviour on this occasion. Your plea also recognises you are willing to facilitate the course of justice in the community, and I accept that your plea of guilty to these charges indicates and demonstrates some remorse on your part.
45I take into account the pronouncements of the Court of Appeal in The Queen v Worboyes, which is reported at 2021 VSCA 169, in the respect of a plea of guilty during the COVID-19 pandemic, which is still affecting prisons:
There are, it must be recognised, real disincentives in the current climate for accused persons who are on bail to plead guilty, particularly if a sentence of imprisonment is on the cards. As the judge observed in the present case, a newly sentenced prisoner in the times of the pandemic will spend the first couple of weeks of his or her sentence in isolation. Thereafter, he or she will have very restricted opportunities for contact with family and friends. Further rehabilitative and other programs within the prison are severely curtailed. That this is so is notorious. These circumstances must render the prospect of imprisonment even more unpalatable than is usually the case, and operate as a further deterrent to the entry of a guilty plea. These disincentives to pleading guilty must be balanced by a proper inducement, through mitigation of sentence, to accept guilt.
Self-evidently, the other side of the coin is that there are real incentives for the cynical and unprincipled to exploit the delays resulting from the pandemic. The longer the delay, the more the memory (and enthusiasm) of witnesses dims, and the preparedness of victims to actively and willingly participate is tested, with associated forensic disadvantages to the prosecution. In ordinary times with ordinary delays, the lot of victims and witnesses already is not a happy one. The longer the delays, the more pronounced their plight.
Further, and significantly, criminal jury trials in times of the pandemic are far more resource-depleting than in times where the threat of serious infection is not present. One of the aspirations of encouraging utilitarian pleas of guilty must be that scant resources, upon which there is great demand, will be to an extent freed up.
For these reasons, we consider that, all other things being equal, a plea of guilty entered during the currency of the COVID-19 pandemic is worthy of greater weight in mitigation than a similar plea entered at a time when the community and the courts are not afflicted by the pandemic’s effects. A plea of guilty during the pandemic ordinarily should attract a more pronounced amelioration of sentence than at another time. Although a sentencing judge need not quantify the extent of any discount, he or she must ensure that the plea of guilty results in a perceptible amelioration of sentence.
46You are relatively young at 23 years of age. It is your first time in prison as a sentenced prisoner. You have previously spent 27 days in custody in 2019, but those days were not declared as part of any sentence in the past. It was submitted that this period of time should be considered as dead time as it has been described in Renzella's case. I take into account that you have served some dead time in custody when finalising your overall sentence for these offences.
47I also take into account that your time in custody during the COVID-19 restrictions imposed by Corrections will make your time in custody more burdensome than in normal times not afflicted by the COVID-19 pandemic.
48At the time of your offending, you were between the ages of 21 and 22 years. You are not strictly a young offender as defined by legislation, but I take into account the general considerations of Mills case when sentencing you for this offending. Generally, rehabilitation has a higher weighting than punishment. In your case, you have been given many opportunities through CCO dispositions to embark on rehabilitation and you have breached those opportunities on every occasion. The offending is serious.
49In respect of Charge 3, attempt to pervert the course of justice, the following matters are indicative of the nature and gravity of that offence:
(1) You were trying to avoid prosecution for a driving whilst disqualified charge and the consequence of CCO breach proceedings;
(2) you commenced the deception in November 2021 and maintained until your record of interview in March 2022;
(3) you involved your then girlfriend Ms Lunney-Adams and her friend Mr Cromarty. Your inducement was the payment of $1,000 to Mr Cromarty;
(4) you commenced this deception in a premeditated manner; and
(5) no deception of a court or creation of a false public record occurred, but that was because of the detection. You were prepared for Mr Cromarty to take the fall for you. This would have resulted in a wrongful conviction and the frustration of a proper prosecution of yourself. You were always going to get caught with this charge. They knew all about you.
50I assess your moral culpability for this charge as high. I also note you have a prior criminal history for perjury, which indicates your disregard for the court processes and sets you apart from your co-accused, Ms Lunney-Adams and Mr Cromarty, in respect of this charge. Your sentence is different from your co-accused due to the difference in your criminal histories generally and the charge of perjury which has been proven against you prior to this offending.
51On the charge of incitement, the penalty is limited to a financial penalty, but your offending is at the upper end of that offence given the number of occasions, 10 in total, and the period of time over which you have persisted with this offending, a period of 12 months. It was clear from the prosecution's summary that numerous offences were taking place involving many participants in illegal driving activity on each occasion.
52The offence of conduct endangering persons to the risk of serious injury is for the one occasion but at a number of venues. The filmed driving clearly sets out the
level of danger to the viewers and the car occupants. The risk of injury is obvious. The activity is mindless criminal activity that has the potential to be placing numerous persons at risk of serious injury if not death. On the occasion of 15 November 2021, you were disqualified from driving.
53The sentencing principles of general and specific deterrence, just punishment, denunciation of your conduct overall, and the protection of the community dictate that the only appropriate sentence is a term of imprisonment with a non-parole period. I have cumulated only that amount of the sentence that reflects the additional criminality but does not offend the sentencing principle of totality by imposing a crushing sentence upon you.
54Mr Drew, I sentence you as follows.
55On Charge 1, the charge of incitement, you are convicted and fined $500.
56On the charge of conduct endangering persons of serious injury, which is a rolled-up charge, you are convicted and sentenced to 12 months' imprisonment. That is the base sentence.
57On the charge of perverting the course of justice, you are convicted and sentenced to six months' imprisonment. Three months of that sentence is to be served cumulatively upon the base sentence.
58And on the related summary charge of driving whilst disqualified, you are convicted and sentenced to three months' imprisonment. One month of that sentence is to be served cumulatively upon the three months in Charge 3 on the indictment and the base sentence of 12 months, which is Charge 2.
59For you, that is a total effective sentence of 16 months' imprisonment. I will fix a non-parole period of nine months. But for your plea of guilty, I would have sentenced you to two years and three months with a non-parole period of 18 months. I declared that you have served six days' pre-sentence detention.
60I have signed a forfeiture order in respect of your car and a disposal order in respect of the Domino's topper that you have put on the car. In respect of Charges 2 and Summary Charge 4, all of your licences are cancelled and you are disqualified for a period of two years from 18 October 2022.
Zara Lunney-Adams
61I am now going to sentence you, Ms Lunney-Adams and Mr Cromarty, separately. Some of what I say will be repetitive as between you but what I say is directed specifically to each of you when I sentence you.
62Ms Lunney-Adams, I will sentence you first.
63On 12 October 2022 at the County Court here in Melbourne, Zara Lunney-Adams you pleaded guilty to a single charge on indictment no.C2215318. It was Charge 4 for you, attempting to pervert the course of justice. This charge has a maximum sentence of 25 years' imprisonment. You have no prior criminal history.
The circumstances of your offending
64At the time of your offending you had just turned 20 years of age. You were in a relationship with Andrew James Drew, your co-offender. You have been friends with Mr Caleb James Cromarty, also a co-offender.
65The prosecutor read into evidence the summary of prosecution opening for plea which was dated 16 September 2022. It was Exhibit “A”.
66The background of your offending is that your partner, Mr Drew, was involved in organising and participating in street racing events and high risk driving events on public roads and industrial car parking areas. The prosecution refer to these as hoon events.
67In particular police were investigating Mr Drew for driving offences alleged to have occurred on 15 November 2021. At the time Mr Drew was on a
community correction order and was disqualified from driving. If Mr Drew was successfully prosecuted for the driving offences it would have had significant consequences for him.
68On or about 8 December 2022, Mr Drew sent a driver nomination statement form after he had told police person Jacinta Allan that he was not driving a vehicle registered to him. You offered to help Mr Drew find someone to take the fall for him if he was unable to do so himself. Mr Drew later contacted you to say he could not find anyone to nominate as the driver for the 15 November 2021 driving. You then contacted your friend, Caleb Cromarty and subsequently sent him a driver nomination form.
69Mr Drew and Mr Cromarty agreed on the sum of $1,000 as the fee for filling out the nomination form and Mr Cromarty nominated himself as the driver.
70You acted as the payment conduit between Mr Drew and Mr Cromarty for the
$1,000. Initially in that process you retained $100 for a short period of time to pay for cigarettes but ultimately you forwarded the full $1,000 through to Mr Cromarty.
71You were interviewed by police on 5 April 2022 and admitted your part in this crime. By that time you were pregnant with Mr Drew's child.
Personal circumstances
72You are 20 years of age and I was told you are six months pregnant with your first child. You live with your father. Your parents are separated but you have a close bond with both of them. Your mother has a partner and she is also pregnant with her fifth child. The remainder of your family constellation is two brothers who are at school and a younger half-sister who is seven years of age also at school.
73You attended secondary college to Year 9 level. At age 16 you commenced work at KFC after leaving school. You have tried a number of other jobs for better money but settled on work within a team of two to three other persons undertaking
domestic cleaning of private premises.
74On 4 January 2020, you were injured in a transport accident whilst a passenger on a dirt bike. Your injuries affected your left foot and left leg and your left arm. Your rehabilitation for those injuries is ongoing. Your compensation claim with the Transport Accident Commission has not been finalised. Due to your injuries you have been unable to return to your cleaning work.
75As I said before, I have been informed you are six months pregnant. The father of your child is Andrew Drew. Your relationship with Andrew Drew ended some time prior to this charge being finalised. You receive no assistance from Mr Drew.
76A fair description of you would be that you were young, immature, naïve and misguided at the time of your offending and you are now young and abandoned to fend for yourself and your soon to be born child.
Sentencing considerations
77The basic purpose for which a court may impose a sentence are just punishment, deterrence both specific and general, rehabilitation and denunciation of your actions and the protection of the community. In sentencing you I must have regard to a range of factors such as the seriousness of your offending, your culpability for it and your personal circumstances.
78I am also required to balance the interests of the community denouncing your criminal conduct with the interests of the community seeking to ensure, as far as possible, that you as an offender are rehabilitated and reintegrated into society.
79I am also required to take into account current sentencing practices in fixing your sentence. That enquiry is directed particularly but not exhaustively to the kinds of sentence imposed in comparable cases and I have consulted the statistics for those. I have also looked at not only the statistics but the current sentencing practices, mindful that each case must be considered in the light of its own
particular circumstances and many of the cases are distinguishable from your case, as indeed they are from one another.
80I have looked at the provisions of the Sentencing Act, in particular s5(4C), which directs a sentencing court to consider whether a community correction order can achieve the purpose for which this sentence should be imposed.
81I have also reviewed the case of Boulton in considering if a community correction order would be appropriate in your case. I have decided the imposition of a community correction order is appropriate in your case.
82You have pleaded guilty to this charge. Your plea of guilty was indicated at an early stage. Your plea does have the utilitarian value of allowing for the early and effect administration of justice and there is a certainty of outcome and a resolution of the substantive issues raised by your offending. Your plea allows for the perseveration of the court and police resources to deal with other matters. Your plea vindicates the public confidence in the legal process set up to protect the community.
83Your plea is also a clear acknowledgement by you that you accept the responsibility for your criminal behaviour on this occasion. Your plea also recognises you are willing to facilitate the course of justice in the community and I accept that your plea of guilty to this charge indicates and demonstrates some remorse on your part.
84I also take into account the pronouncements of the Court of Appeal in Worboyes. I will not read out the full quote from that case. In simple terms you have been on bail. You know you come here on a very serious charge and have pleaded guilty with the potential of going to gaol. You have come along and given that plea in any event and I take that matter into account. It is to be shown as a perceptible amelioration of sentence and that is what I have done. It is referred to by counsel usually as the Worboyes discount.
85At the time of your offending you were 20 years of age. You will soon be 21. You
are a young offender. You have no prior convictions. It is a principle of sentencing law that when a young offender such as yourself is to be sentenced the sentencing disposition should be tailored to take into account all other sentencing considerations to promote your rehabilitation. This approach serves the interests of the individual offender and the community itself.
86In the case of R v Mills these three propositions of sentencing were set out:
“ i) youth of an offender, particularly a first offender, that is you, should be a primary consideration for a sentencing court where the matter properly arises.
ii) In the case of a youthful offender rehabilitation is usually far more important than general deterrence. This is because punishment may, in fact, lead to further offending. Thus, for example, individualised treatment focusing on rehabilitation is to be referred. (Rehabilitation benefits the community as well as the offender.)
iii) A youthful offender is not to be sent to an adult prison if such a disposition can be avoided, especially if that offender is beginning to appreciate the effect of the criminality. The benchmark of what is serious as to justify an adult imprisonment may be quite high in the case of a youthful offender; and, where the offender has not previously been incarcerated a shorter period of imprisonment may be justified.”
87Your offence attacks the very core of the criminal justice system and the effectiveness of the administration of justice. The principle of general deterrence does have application in your sentence. Your offending does not reach that level referred to in Azzopardi where the level of criminality extinguishes the principles set out in Mills.
88I regard your prospects of rehabilitation as good. You have family support. Your offending was motivated by an immature approach to protecting the person who was the subject of your affections. You are soon to be a mother and that responsibility will encourage a more mature approach by you to the challenges in the future.
89You have a good work history. A degree of supervision under a community correction order will enhance your chances of rehabilitation.
90Your offending and your role in the overall charge of attempting to pervert the
course of justice is serious. Justice Nettle in R v Buscema [2011] VSC 206 at paragraph 6 set out the circumstances that bear upon the nature and gravity of such an offence and I will deal with them in your case:
(a) The consequences which the offending was calculated to avoid. In your case you thought you were helping your then boyfriend, Mr Drew, avoid the risk of a charge of drive whilst disqualified and subsequently breach a CCO he was then serving. The effect was Mr Drew would not be charged with drive whilst disqualified on 15 November 2021 at a hoon driving event.
(b) The time for which the deception was maintained and whether it was actively repeated or persisted in or merely allowed to continue. You commenced your role to this offending in December 2021 and later paid the $1,000 to Mr Cromarty. That was your active part. After payment of the money you allowed the deception to continue until such time as you were interviewed by the police in April 2022.
(c) Whether the deception involved some other person, either as an accomplice or as a victim. You engaged the assistance of your old friend, Mr Cromarty, to be the fall guy for Mr Drew. Once you engaged Mr Cromarty you left the rest of the arrangements to Mr Drew and Mr Cromarty except that you were the channel for the payment of the funds from Mr Drew to Mr Cromarty.
(d) Whether there was any threat or violence involved. This factor is not relevant in this case.
(e) Whether the offence was spontaneous or premeditated. In considering this factor I find that there was degree of spontaneity to your offer to assist Mr Drew by finding someone to be the “fall guy”. Nevertheless there was ample time to withdraw from that criminality between your initial offer and actually contacting Mr Cromarty and subsequently following up by the passing of the funds of $1,000 to him.
(f)Whether the deception resulted in the deception of the court or the creation of
a false public record and, if so, the extent and consequences of that circumstance. In your case the police were onto this deception very early and they had to do some unnecessary investigation to close it off. The risk was Mr Cromarty would have been wrongly charged with driving offences when he was in Bendigo at the time of the offences which were said to have occurred in Keysborough.
91I consider that your offence was relatively serious but falls well short of the most serious cases for this charge.
92The sentencing principles of general and specific deterrence, just punishment, denunciation of your criminal behaviour and protection of the community, including your rehabilitation are best served by the imposition of a community correction order with hours of unpaid community work as the punishment component of that order.
93Will you stand please?
94On Charge 4, a charge of attempting to pervert the course of justice, you are convicted and ordered to serve a two year community correction order with the following conditions:
·You are to be supervised.
·You are perform 150 hours of unpaid community work and
·You are to attend a judicial monitoring on 24 February 2023 at 9.30 am at the County Court in Melbourne.
·You are to report to the Dandenong Community Corrections Service office within two days of today.
95I will have those documents prepared. You can have a look at them. If you sign them and agree to a community correction order that is what will happen.
Caleb James Cromarty
96On 12 October 2022 here at the County Court in Melbourne, Caleb Cromarty, you pleaded guilty to a single charge on indictment no.C2215318, Charge 5, attempting to pervert the course of justice. This charge has a maximum penalty of 25 years imprisonment. You have admitted your criminal history.
97On 17 November 2020 at Dandenong Magistrates' Court you were convicted of using a carriage service to harass and fined $2,500. On charges of unlawful assault and contravening a family violence intervention order and driving related charges with conviction you were placed on an adjourned undertaking for some 18 months. The offending in this plea is within the period of that adjourned time. On 14 September 2021 at Dandenong Magistrates' Court on a charge of possession of weapons, breach of family violence order and the driving charges you were convicted and fined $2,000.
The circumstances of your offending
98At the time of your offending you were 20 years old you are now 21. At the time of the offending, you were a friend of Ms Lunney-Adams and she regarded you as her older brother and I think you took that role. In or about November to December 2021, you were initially contacted by Ms Lunney-Adams to inquire whether you were prepared to be a nominated driver in the place of Andrew Drew who you were told was an unlicensed driver and had been observed in a wheel spinning incident. You completed the nomination form after agreeing to a payment of a thousand dollars with Mr Drew. You received a payment of a thousand dollars ultimately through Ms Lunney-Adams.
99At the time of the driving the subject of the police interest you were in Bendigo and not in Keysborough. The effect of your offending was to place yourself at risk of being prosecuted for driving offences committed by Andrew Drew. When you were interviewed by police on the first occasion you said
it was you. You later confessed to the true position.
100When you were interviewed though you then realised the full extent of Mr Drew's driving offending and I say you have then changed your position with the police.
Your personal circumstances
101You were 20 years of age at the time of the offending, you are now 21. You have an older half sibling from your father's earlier relationship. However, you are the only child of your parents. Your parents had extended periods of separation during your early childhood. Essentially you were raised by your mother who struggled with the twin problems, alcoholism and mental health difficulties. The net result is that your relationship with your mother has broken down irreconcilably due to conflict between the two of you.
102Your education was limited. You completed primary school at Warren Park Primary School. You went to secondary college at Carwatha College. You were expelled from that school at Year 8 level due to your behavioural difficulties. You returned to TAFE and completed Year 9 and 10. You then commenced a boilermaker's apprenticeship but that left opportunity after a couple of months due to bullying in the workplace, a common enough story heard in this court.
103You have consistent work ethic either in the transport industry or in welding. Earlier this year you commenced as a roof tiler apprenticeship. Mr Ben Miljkovich, your employer, describes you as hard working, punctual and reliable, that was Exhibit “C2”. In your spare time you engage in car restoration with your father and his friend, Benjamin Mohr, that also forms apart of Exhibit “C2”. Mr Mohr speaks positively of your role and engagement with your three year old son.
104You have a shared custody arrangement with your son’s mother, your former partner. You care for your son from Friday afternoons to Monday mornings every week.
105You have commenced a new relationship with a person by the name of Tahlia who has three children of her own. The two of you are expecting a child early 2023. The outcome of this sentencing process has placed your domestic plans in a holding pattern. You have been on bail since your second record of interview in April this year.
Sentencing considerations
106This is the repetitive part but it does apply to you and I am going to read it to you.
107The basic purpose for which a court may impose a sentence of just punishment, deterrence both specific and general, rehabilitation and denunciation of your actions and the protection of the community. In sentencing you I must have regard to a range of factors such as the seriousness of your offending and your culpability for it and your personal circumstances.
108I am also required to balance the interests of the community in denouncing your criminal conduct with the interests of the community. In seeking to ensure, as far as possible, that you, as an offender are rehabilitated and reintegrated into society.
109I am also required to take into account current sentencing practices in fixing your sentence. The enquiry is directed particularly, but not exhaustively to the kinds of sentences imposed in comparable cases. I have looked at the statistics and current sentencing practices, mindful that each case must be considered in the light of its own particular circumstances, and many of the cases would be distinguishable from your case, as indeed, they are from one another.
110I am mindful of the provisions of the Sentencing Act in particular, s5(4C) which directs the Sentencing Court to consider whether a community corrections order can achieve the purposes for which this sentence is to be imposed.
111I have reviewed the case of Bolton in considering if a community corrections order is appropriate in your case. I have concluded that in your case the imposition of a
community corrections order is an appropriate and just sentence.
112You have pleaded guilty to the charge. Your plea of guilty was indicated at an early stage. Your plea does have a utilitarian value of allowing for the orderly and effective administration of justice. There is a certainty of outcome and a resolution of the substantive issues raised by your offending. Your plea allows for the preservation of the court and police resources to deal with other matters. Your plea vindicates the public confidence in the legal process set up to protect the community.
113Your plea is also a clear acknowledgement by you that you accept your criminal responsibility on this occasion. Your plea also recognised you are willing to facilitate the course of justice in the community. And I accept your plea to this charge indicates and demonstrates some remorse on your part.
114Again, I take into account the pronouncements of the Court of Appeal in Worboyes v The Queen [2021] VSCA where in circumstances such as this that a plea of guilty should result in a perceptible amelioration of sentence. As I have said before, this is referred to as a Worboyes discount and I take that into account.
115At the time of the offending you were 20 years of age. You have recently turned
21. You are a young offender. You have prior convictions which I have dealt with. It is a principle of sentencing law that when a young offender such as yourself is to be sentenced the sentencing disposition should be tailored taking into account all other sentencing considerations to promote your rehabilitation. That approach serves the interest both of yourself, the individual offender and the community as a whole.
116I take into account the three propositions set out in Mills case which I have read out before but they appear in your sentencing remarks.
117Again, your offence attacks the very core of the criminal justice system and the effectiveness of administration of justice in this state. The principle of general
deterrence does have some application in your sentencing process but it is not the overwhelming principle.
118In your case the prospects of rehabilitation are good. You have stable employment, responsibilities for your son that you are embracing, and the support of your father who attended court here on the day of your plea. You have had a bit of trouble in your past with the law which I have referred to in your past criminal history, and relationships but you are showing signs of maturation and stability in this year. The community would benefit if the rehabilitative trajectory is supported and supervised into the future.
119The offence of attempting to pervert the course of justice is a serious offence. The maximum penalty clearly sets that out. The nature and objective of gravity of your offending is indicated by the following matters:
(1) , You were helping Mr Drew to avoid being charged for his driving offences occurring on the events of 15 November 2021;
(2) , You allowed the deception to run from the time of signing the driver nomination form in/or about November 2021 until a record of interview time in April 2022;
(3) , You were asked by your friend, Ms Lunney-Adams, to help Mr Drew avoid being charged for his offending. You agreed to do so after your discussions and agreement with Mr Drew that he would pay you $1000 for it;
(4) , In your case there was a mixture of spontaneity and premeditation in this offending. The spontaneity was giving a positive response to your friend, Ms Lunney-Adams request. The premeditation part kicked in when you agreed to the price of a thousand dollars with Mr Drew and then you went ahead with the signing of the driver nomination form; and
(5) , Ultimately there was no deception of the court. Your actions had the potential to have you wrongly charged and punished for the actions of Andrew Drew. The police were onto this sham early but it required extra investigation and resources to close it down.
120As I said, the offending is relatively serious but it is well short of the most serious examples of this charge.
121I take into account your personal circumstances, in particular your young age, your stable employment and your committed approach to your young son. The sentencing principles of general and specific deterrence, just punishment, denunciation of your criminal behaviour and the protection of the community, including your rehabilitation, are best served by the imposition of a community corrections order with unpaid community work as the punishment component.
122Would you stand, please.
123On Charge 5 you are convicted and ordered to serve a 2 year CCO. There are three conditions:
(1), you are to be supervised;
(2), you are to perform 150 hours of unpaid community work;
(3), you are to attend a judicial monitoring on 10 February 2023 at 9.30 am.
124In respect of both of you, but for your pleas of guilty in respect of Charge 4 for you, Ms Lunney-Adams, and Charge 5 for you, Mr Cromarty, but for your plea of guilty I would have sentenced you to six months imprisonment. You can take a seat.
125HIS HONOUR: Is there anything else?
126MR PATTON: No, Your Honour.
127MS MORGAN: No Your Honour.
128HIS HONOUR: Thank you. I will have those documents prepared and sent, yes, thanks. Just one thing, where is the closest CCS for Mr Cromarty?
129MR PATTON: I think it would likewise would be Dandenong, Your Honour.
130HIS HONOUR: All right, thank you. Mr Cromarty, you are also to report at Dandenong within two days of this day. Ms Morgan, if you can just check that that is right and if it is, if you would not mind attending at the back and your client can sign it. Mr Patton, if you could just have a look at that and check it to see if there is a problem. Thanks, Mr Patton, if you would just check that and then if that accords with your - - -
131MR PATTON: Yes, Your Honour.
132MS MORGAN: Your Honour, if I can just raise one thing and I might have just misheard you, with the judicial monitoring I heard 24 February but I've got on here, 23rd. I just wanted to clarify that.
133 HIS HONOUR: It's the 23rd is it? Sorry, did I say the 24th - - - 134
MS MORGAN:
23rd that is - - -
Okay Your Honour, I believe it was announced 24th but if it's the
135
HIS HONOUR:
Is it the 23rd on that?
136
MS MORGAN:
On here it's the 23rd, yes, on the order.
137
HIS HONOUR:
Yes, 23rd.
138
MS MORGAN:
Thank you, Your Honour.
139
HIS HONOUR:
Thank you. And you just correct that, 23rd.
140
MS MORGAN:
I've corrected that on, yes - - -
141
HIS HONOUR:
Thanks. Ms Lunney-Adams, I am just having a couple of copies
of this order being made. One of them you can stick up inside the wardrobe door so that every time you get changed to go out, you have got a reminder. The same applies to you, Mr Cromarty. And don't go falling off any rooves. Thank you if you have signed those you can both step out of there. Just before I go, is everything covered?
142 MS MORGAN: No, Your Honour. 143
HIS HONOUR:
Everything is all right?
144
MS MORGAN:
Yes, Your Honour. I take it the forfeiture and disposal orders will
be forwarded to my instructor?
145
HIS HONOUR:
Yes. I think that has probably already happened.
146
MS MORGAN:
If Your Honour pleases.
147
HIS HONOUR:
But I have signed them.
148
MS MORGAN:
Thank you, Your Honour.
149
HIS HONOUR:
They'll certainly be coming. Counsel, thanks very much for your
assistance.
150 MR PATTON: If Your Honour pleases.
151HIS HONOUR: And hopefully I haven't taken too long and you can get to what other commitments you may all have. Thank you.
- - -
IN THE COUNTY COURT OF VICTORIA
AT MELBOURNE CRIMINAL JURISDICTION
Court Ref: CR-22-01360, CR-22-01133,
CR-22-01132
Indictment No: C2215318
DIRECTOR OF PUBLIC PROSECUITONS
v.
ANDREW JAMES DREW, ZARA LUNNEY-ADAMS & CALEB JAMES CROMARTY
SUMMARY OF PROSECUTION OPENING FOR PLEA
Date of Document:
Filed on behalf of: Prepared by:
ABBEY HOGAN
Solicitor for Public Prosecutions 565 Lonsdale Street
Melbourne Vic 3000
16 September 2022
Director of Public Prosecutions Solicitors code: 7539 Reference: A. Hodgeman Telephone: (03) 9603 7666
SUMMARY
1. There are three co-accused, Andrew DREW, Zara LUNNEY-ADAMS and Caleb CROMATY.
2. DREW was born in May 1999 and aged 20 years old. He is pleading guilty to the following offences:
a. Incitement between 1 March 2021 and 16 February 2022 (Charge 1 – rolled up);
b. Conduct Endangering Persons on 15 November 2021 (Charge 2 – rolled up);
c. Attempting to Pervert the Course of Justice between 8 December 2021 and 23 March 2022 (Charge 3);
d. Driving Whilst Disqualified on 15 November 2021 (Summary Charge 4 – rolled up).1
3. LUNNEY-ADAMS was born in October 2001 and aged 20 years old. She is pleading guilty to Attempting to Pervert the Course (Charge 4). She has been in a relationship with DREW since November- December 2021.
1 Amended to include “and divers other places in Victoria”. Refer Notice of Related Summary Offences dated 12 August 2022. Summary charges 33 and 41 to be withdrawn.
4. CROMARTY was born in May 1999 and aged 21 years old. He is pleading guilty to Attempting to Pervert the Course (Charge 5). He is a friend of LUNNEY-ADAMS, who she met through her ex-partner, Kai SKODA, two years prior and to whom she regarded as an older brother.2
INCITEMENT
5. Between 1 March 2021 and 16 February 2022, DREW organised 10 large-scale high-risk driving events through social media platform Snapchat (Charge 1 – Incitement – rolled up). The charge encompasses all 10 separate incidents where messages sent by DREW on the following dates:
a. Incident One – 1 March 2021
b. Incident Two – 10 March 2021
c. Incident Three – 5 July 2021
d. Incident Four – 12 July 2021
e. Incident Five – 27 October 2021
f. Incident Six – 9 November 2021
g. Incident Seven – 15 November 2021
h. Incident Eight – 6 December 2021
i. Incident Nine – 29 December 2021
j. Incident Ten – 16 February 2022
6. In the messages, DREW actively incites attendees to engage in driving vehicles causing loss of traction and to hinder police in the course of their duties.
Incident One: 1 March 2021
7. On 1 March 2021 at 2:52pm, DREW sent a Snapchat message to "Fabyen Wall" that message read as follows:3
1/3/21
ALRIGHT CUNTS ITS THAT TIME OF THE WEEK AGAIN, GRAB YA SETS GRAB YA 16 YEAR OLD SLUTS AND LETS BRING THE GOOD OLD DAYS BACK
YOU KNOW THE DRILL, NO MEETUPS AT SERVOS DON’T BRING ATTENETION TO
US
IF COPS COME BLOCK THEM REMEMBER ITS US AGAINST THEM, IF THEY FOLLOW YOU GO ON A HIKE.
2 ROI, Q148, depositions, p.404
3 Exhibit 43: Snapchat messages, depositions, p.196
PROTECT YA MATES IF THEYRE CHANGING AND STAND YA FUCKING GROUND FIRST SPOT WILL BE SENT OUT 9:29PM
#FUCKVICPOL #SOUTHDOESITBEST
Hahaha
You didn't bring the p did you
8. Between 9:44pm and 9:54pm, police received 000 calls for Commercial Drive Lynbrook for approximately 70 vehicles present, drag racing and performing burnouts.
9. At 10:24pm, further 000 calls were received for Taylors Road Dandenong South for vehicles performing burnouts in the industrial estate.
10. Between 10:51pm and 11:00pm, 000 received more calls for area in and around Fairchild Street Heatherton in the industrial estate for more than 20 vehicles present.
11. At 11:17pm Police received a 000 call to attend Tova Drive Carrum Downs for upwards of 25 vehicles and "hoon drivers" in the area.
Incident Two: 10 March 2021
12. On 10 March 2021 at 11:33am, DREW sent a Snapchat message to "christopherr" and "Fabyen Wall" that message read as follows: 4
SES 10/3/21
ALRIGHT CUNTS ITS THAT TIME OF THE WEEK AGAIN GHEE THE FUCK UP GET YOUR SETS READY AND HAVE A PARTY IN THE SOUTH
INVITE TO MR NORTH AND WEST TO COME TO THE SOUTH
KEEP YOURFUCKING PHONES AWAY THIS IS WHY THE VICPOL IS GETTING UNTS BECAUSE OF YOU KEEP YOUR PHONE IN YOUR POCKET
YOU GUYS KNOW THE DRILL NO MEETING UP AT SERVOS BEFOFE BECAUSE U BRING US TO MUCH ATTENTION
4 Exhibit 44 & 45: Snapchat messages, depositions, p.197-198
IF COPS COME DETOUR DONT BRING THEM STRAIGHT TO NEXT SPOT GO FOR A NICE SCENIC DRIVE
IF COPS COME IN TO SPOT STAND YOUR FUCKING GROUND ESPECIALLY IF SOMEONE IS SKIDDING OR CHANGING THERES USUALLY ONLY ONE COP CAR AND HOW MANY OF US!!! STAND YOUR GROUND FUCK!!!
FIRST SPOT WILL BE SENT OUT AT 9:33 #FUCKVICPOL
#GHEEUPDOGS #SOUTHDOESITBETTER #FUCK7NEWS #FREETHEBOYS
13. Between 9:43pm and 9:56pm, police received 000 calls to attend Edison Road and Taylors Road, Dandenong South, for reports of approximately 20 vehicles present performing burnouts.
14. At 10:02pm, police observed approximately 200 vehicles travelling northbound on Frankston Dandenong Road near Greens Road.
15. At 10:40pm and 10:51pm, police were called to David Lee Drive Hallam in the industrial estate for vehicles hooning and posting videos to social media.
16. Located in the camera roll of DREW’s phone was a 6 second video recorded through Snapchat and saved to his device at 10:42pm on 10 March 2021. The video depicts a vehicle performing burnouts at the intersection of David Lee Road and Westpool Drive, Hallam, with spectators lining the roadway filming, in the video there is evidence littered across the road of numerous tyre marks from burnouts at the location.
17. At 11:01pm whilst on the South Gippsland Highway, a screen shot is taken and saved to DREW's device of "Google" map directions to Cambria Road Keysborough. At the time the screenshot was captured the device was 10kms and a 12 minutes drive from Cambria Road.
18. Further calls were received between 11:13pm and 11:26pm, for the industrial area at Cambria Road, Keysborough, for vehicles performing burnouts in the area.
Incident Three: 5 July 2021
19. On 5 July 2021 at 3:46pm, DREW’s sent a Snapchat message to a Snapchat user "Kyle Vermeuten" that message read as follows:5
5 Exhibit 47: Snapchat Message, depositions, p.202-203
Eastern skids
ALRIGHT YOU FLITHY FUCKING GANGA SLUTS LISTEN THE FUCK UP
YOU KNOW WHAT TIME OF THE WEEK, IT IS TIME TO STOCKIE UP AND GEE THE FUCK UP
FIRST LESSON IS AT 9:11 OR MAYBE LATER SO STAY READY
NO MORE MOTHERS MEETINGS OR IT WILL BE CALLED OFF FOR GOOD HAPPY BIRTHDAY TO MR GUTTERZZ HIMSELF IYKYK
I WANNA SEE EVERY CUNT SKIDDING FOR HIS BIRTHDAY SHOW HIM A GOOD TIME
IM JUST SOME CUNT FROM THE EAST AND I ENDORSE THIS MESSAGE
#FreeTheBus #FuckTheStsyem #UrMumsYaDad #BringPettyHeadBack #RailMeDonnyBoy
20. At 10:00pm, 000 received a call for police to attend known hoon location Rushdale Street, Knoxfield, for approximately 20 vehicles present performing burnouts in the area. Police members on the Box Hill divisional van intercepted a vehicle where the driver stated they were at the location "watching skids".
21. At 10:23pm, a call was received for 20 vehicles observed driving into an industrial estate in Croydon South before drag racing and performing burnouts in the street.
22. Between 10:49pm and 11:25pm, calls were received for police to attend Paynes Road, Chirnside Park, for in excess of 100 people present with 20-50 vehicles in the area the vehicles were performing burnouts and blocking other road users from accessing the road.
23. At 11:28pm and 11:37pm, calls were received for London Drive Bayswater for 10-20 vehicles performing burnouts in the area with approximately 50-60 people spectating.
Incident Four: 12 July 2021
24. On 12 July 2021 at 1:51pm, DREW’s sent a Snapchat message to a Snapchat group consisting of 24 individual users, the group is called "NOTHING BUT MEXICO" that message read as follows;6
6 Exhibit 48: Snapchat message, depositions, p.204-205; Exhibit 49: Video
EAST
LISTEN UP CUNTS ITS THAT TIME OF WEEK AGAIN, GRAB YOUR GANGAS, GRAB YOUR SETS AND GET READY TO PARTY
STAY THE FUCK OFF THE ROAD, KEEP YOUR PHONES IN YOUR POCKET BUNCH OF LAGGERS
BLOCK THE ROADS IF COPS COME, THERES MORE OF US THAN THEM
THIS IS THE LAST EAST FOR A WHILE SO LETS FKN MAKE THIS A HUGE ONE INVITE TO MR SOUTH AND MR NORTH AND MR WEST TO COME HAVE A PARTY FIRST SPOT WILL BE CALLED BETWEEN 9:01 and 9:30 SO BE READY
#BONNETBASHER #GANGASARELIFE #WAFFLESTOMPER #IYKYK
#MEOW #OGCREWISBACK #MRSTEALYOURGIRL #BRINGBRINGTHEOGVAN #FUCKYALAGGINGDOGS
25. At 10:15pm, 000 received a call for police to attend Canterbury Road, Bayswater North for erratic drivers. There were 15 vehicles in the area performing burnouts and fishtailing over the lanes of traffic.
26. Located in the camera roll of DREW’s phone were three videos recorded through Snapchat and saved to DREW’s device at 10:20pm on 12 July 2021. The videos depict at least two males in a Holden Executive Commodore intentionally losing traction through intersections at unknown locations while the vehicle is under heavy acceleration.
27. Between 10:21pm and 10:38pm, 000 received calls for police to attend Paynes Road, Chirnside Park. Approximately 30-50 vehicles were present with some performing burnouts almost colliding with other vehicles whilst spectators watched, the vehicles blocked the road so other road users were unable to access the road.
28. At 11:16pm, police were called to Henderson Road Rowville for a number of vehicles performing burnouts in the area.
Driver Disqualification
29. On 21 August 2021, DREW was disqualified from driving for a period of 3 months due to excessive demerit points. 7 DREW was the holder of a probationary driver’s licence. At the time, he had in his possession a grey 1992 Holden sedan, registration RN4MUK which was acquired by him on 30 June 2020.8
Incident Five: 27 October 2021
30. On 27 October 2021 at 12:08pm, DREW sent a Snapchat message to a Snapchat group consisting of 30 individual users, the group is called "Eastern shenanigans" that message read as follows:9
ALRIGHTY CUNTS YOU KNOW I HAY TIME IT IS, ITS TIME TO CATCH A FLIGHT OVER TO MEXICO
NO MORE LOCKDOWN MEANS I WANNA SEE EVERY CUNT AND THEIR DOG HERE GETTING SETS OFF
GET MUMS AND DADS CAR OUT TO KNOW A SET OFF IT, NO REG, SPICY OR NOT NO WORRYS I WANNA SEE IT ON RIMS
ONCE AGAIN ITS SAID EVERY TIME STAY OFF THE ROAD AND TAPE YOUR PLATES AS EVERY KICKED IN BISCUIT TIN OF A WHORE FILMS
BLOCK THE COPS THERE IS MORE OF US THEN THEM SO STAND IN FRONT OF THEM IF SOMEONE IS ON RIMS
DON’T RUN LIKE A GIRLS DICK
FLIGHT LEAVES FOR NORTHEN MECIXO AT 9:58 #RYDO
#CROWDFAV #SETSBRUH #TAMPSAREUS #NONECK
31. At approximately 7:45pm, police received numerous 000 calls for erratic driving from all over Melbourne where callers stated approximately multiple vehicles were travelling on the freeways erratically, some motorbikes seen were performing “monos” and the riders seen standing on their seat. These vehicles were followed to St Kilda where police located hundreds of spectators and 30-40 vehicles performing burnouts in the area.
7 Statement of Paul Holland, depositions, p.81, paragraph 10
8 Statement of Paul Holland, depositions, p.80, paragraph 6; Exhibit 6: Vic Roads Extract, depositions, p.117
9 Exhibit 50: Snapchat Message, depositions, p.206-209
32. At 11:16pm, police were called to Sunline Drive, Truganina, for approximately 100 vehicles present with some performing burnouts in the street.
Incident Six: 9 November 2021
33. On 9 November 2021 at 2:05pm, DREW sent a Snapchat message to a group called "NOTHING BUT MEXICO", consisting of 24 individual users. The message read as follows:10
9/11/2021
NTP
ITS THAT TIME OF THE WEEK AGAIN TO GHEE EVERYONE UP FOR A PARTY IN MEXICO, LETS MAKE THIS A BIG ONE AD THIS IS THE LAST ONE FOR A BIT SO MAKE SURE IT GOES HARD THEN YA MUM WHEN SHES GEED UP
STOCKIE THE FUCK UP BRING YOUR DADS SISTERS BROTHERS AUNTYS CAR AND GHEE UP YOU DOG CUNTS
BLOCK THE FUCKEN COPS THEY TOUCH KIDS
YES THERE IS TWO NORTH MESSAGES OUT AND YES THEY ARE BOTH LEGIT JUST GETTING THE WORD AROUND
TAPE YOUR PLATES AND STAY THE FUCK OFF THE ROADS WHEN CUNTS ARE SKIDDING, AND DON’T DRIVE LIKE FUCKWITS
FIRST FLIGHT WILL BE CALLED AT 8:51 WAIT FOR YOUR BOARDING CALL INVITE TO MR SOUTH & WEST
#COPSFUCKIDS #WEAREBACK #IYKYK #2200BRUVA
#GHEEUPORFUCKOFF
34. At 9:48pm, 000 received a call for police to attend at the intersection of Ovata Drive and Assembly Drive, Tullamarine, for approximately 50-60 vehicles being driven erratically and performing burnouts.
35. At 10:14pm an off-duty member called through to 000 requesting police at the intersection of Edgars Road and Taryn Drive Epping for multiple vehicles travelling in a convoy. The caller stated registration plates were covered with duct tape and seven
10 Exhibit 51: Snapchat Message, depositions, p.210-211
vehicles were seen running red traffic lights. In the 45- minute period, 7 police units were dispatched to respond to the hoons and their poor driving behaviour.
36. Located in the camera roll of DREW's phone was a 23 second video recorded through Snapchat and saved to the DREW's device at 10:38pm on 9 November 2021 along with the video were five blackened screens with locations for the high-risk driving event. Locations provided by the organiser were saved on DREW’s device between 8:54pm and 10:58pm were "Ovata Drive Tullamarine" "Taryn Drive Epping" "Temple n Milne Thomastown" "Rockfield WAY RAVENHALL" "Permas Way Truganina".11 The snapchat video depicts a white Ford sedan performing a series of burnouts.
Incident Seven: 15 November 2021
37. On 15 November 2021, in addition to inciting attendees to attend a hoon event, DREW also participated in driving which endangered the lives of others (Charge 2 – Reckless Conduct Endangering Persons – Rolled up charge – three occasions at Keysborough, Dandenong South and Knoxfield). Such offences occurred whilst he was disqualified from driving (Summary Charge 4 – Drive Whilst Disqualified).
38. At 3:06pm, DREW sent a Snapchat message to the group "NOTHING BUT MEXICO" that message read as follows:12
ALRIGHT YOU DUMB CUNTS LETS SEE IF CUNTS REALLY KNOW HOW TO THROW A PARTY IN THE DIRTY SOUTH
YOU CUNTS KNOW THE DRILL KEEP YA PHONES ION YA POCKETS AND BLOCK THE ROADS SO GHEE THE FUCK UP
DIRTY SOUTH SLUTS ARE NOT INVITED UNLESS YOU OPEN YOUR LEGS
INVITE TO MISS EAST AND MR NOTTH TO COME HAVE A PARTY IN THE DIRTY SOUTH
FIRST SPOT AT 9:11
#fuckvicpol #sendit #RIMBASH #DONTBEABITCH
39. At 9.47pm, CCTV footage identifies the following:
a. DREW’s vehicle with registration RN4MUK arriving at Cambria Road, Keysborough.13
11 Exhibits 53-57: Locations, depositions, p.53-57
12 Exhibit 58: Snapchat message, depositions, p.217-218; Exhibits 59-63: Videos
13 Exhibit 5: CCTV stills – image 1, depositions, p.97
b. DREW’s vehicle crossing the wrong side of Cambia Road with a distinct dominos pizza topper on the roof. Pedestrian, spectators and vehicles are in close proximity to his car.14
c. DREW engaging in high risk driving performing burnouts with multiple pedestrian, spectators and vehicles in close proximity.15
40. At 9:57pm, 000 received a call for police to attend the Dingley Bypass at Heatherton Road, Clarinda, for approximately 20 vehicles drag racing and running red lights.
41. At 10:32pm, police were called to the intersection of Henderson Road and Kelletts Road, Rowville, for approximately 50 vehicles driving erratically and performing burnouts in the industrial estate.
42. At 10:42pm, outside of 17 Rushdale Street, Knoxfield, DREW’s vehicle ‘RN4MUK’ was captured on the automatic numberplate recognition camera attached the Knox Highway Patrol vehicle 1RB9OH.
43. Between 10:43pm and 10:46pm, 000 received calls for police to attend, Windermere Drive, Knoxfield, Rushdale Street, Knoxfield and Ferntree Gully Road, Scoresby. These locations are all in close proximity to each other with the 000 callers stating 50-60 vehicles were driving erratically, speeding, and racing each other. The callers stated they could hear vehicles performing burnouts in the area and the popping of tyres on vehicles.
44. Additional 000 calls were made at 10:44pm for known hoon location David Lee Drive, Hallam, for in excess of 40 vehicles performing burnouts and spectators letting off fireworks.
45. At 10:54pm, police were called to Springvale Road, Glen Waverley and Adele Ave, Ferntree Gully for more vehicles performing burnouts.
46. Located in the camera roll of DREW’s phone were 16 videos saved by him between 10:05pm on 15 November 2021 and 6:28am on 16 November 2021 which display as follows:16
a. At Cambria Road Industrial Estate in Keysborough, DREW performing multiple burnouts. His passenger is not wearing a seatbelt.
b. Spectators walk up within arm’s reach of ‘RN4MUK’ as the he violently whips the vehicle around the turn-bowl narrowly missing the spectators.
c. DREW performing burnouts with other vehicles in close proximity and with the co-accused as their passengers, perching themselves out of the vehicle on the passenger windows.
14 Exhibit 5: CCTV still – images 5 and 6, depositions, p.100-101
15 Exhibit 5: CCTV still – images 7 to 13, depositions, p.101-104
16 Exhibits 59-63: Videos
d. Rear tyres on ‘RN4MUK’ pop as a spectator walks directly behind it, and then of DREW "rim bashing" the road surface sending sparks towards the spectators prior to driving off.
2. In an additional video recorded in Cambria Road, a male spectator is recorded jumping onto the driver’s windowsills and roof of ‘RN4MUK’ as DREW continues to spin the vehicle around in circles, in the next frame of the video the male is no longer visible.
47. Further videos on DREW’s phone recorded at the intersection of Bangholme Drive and Mark Anthony Drive, Dandenong South, show DREW driving his vehicle performing a series of burnouts. 17
a. During the burnouts, three passengers are hanging from the passenger windows of 'RN4MUK'.
b. As he violently whips the vehicle around the intersection spectators walk up to ‘RN4MUK’ and try to high-five and hold the hands of the passengers hanging out of the vehicle.
c. In the background of the videos, a passing motorist can be seen attempting to use the roadway while the accused blocks the intersection performing the burnouts.
48. Three additional videos were saved in DREW's phone recorded at Rushdale Street,
Knoxfield, by spectators and later sent to him via Snapchat. 18
a. The videos show numerous people standing on the roadway
b. The accused is driving 'RN4MUK' with three passengers hanging out of the windows performs numerous burnouts.
c. The passengers are seen to be actively encouraging the crowd by waving their arms around.
49. A TikTok compilation video was saved to DREW’s phone on 29 November 2021 at 3:43pm and uploaded to TikTok on the same date.
50. The actions of DREW at Keysborough, Dandenong South and Knoxfield created a large amount of smoke with spectators in close proximity, whilst performing 360 degree burnouts at high speed. Accordingly, it is likely that if a collision were to occur with a spectator, the result would be a serious injury or death.
Incident Eight: 6 December 2021
51. On 6 December 2021, at 11:31am, DREW sent a Snapchat message to the group titled
“NOTHING BUT MEXICO" that message read as follows:19
SES 6/12/21
17 Exhibits 59-63: Videos
18 Exhibits 59-63: Videos
19 Exhibit 64: Snapchat message, depositions, p.220
ALRIGHT CUNTS ITS THAT TIME OF THE WEEK AGAIN GHEE THE FUCK UP GET THEM SETS READY
YOU CUNTS KNOW THE DRILL STAY THE FUCK OFF THE ROAD & AND KEEP YA PHONES IN YA POCKETS
INVITE TO MR NORTH TO COME DOWN SOUTH AND HAVE A PARTY
ALSO A BIG HAPPY 18TH FOR YESTERDAY TO THE ONE AND ONLY HOE OF THE SOUTH EAST
FIRST SPOT BE CALLED BETWEEN 9:03 & 9:23 #NORULESONTHESTREET
#rimbashfordays #dontbeabitch
52. A phone conversation also took place between DREW and a Snapchat friend
“Uknwwhoitis” stating as follows:
a. “Tryna find someone to follow us so I can put my stockies in a different car and have more people in the car… I’m only taking 3 sets. Yeah but I can’t get done bro. I get my licence back in 4 months. And I’m on a corrections order”.
b. “All my old charges will come up again bro cause I’ll breach my cco. I’m already on my second cco cause I fucked up the first one… they don’t just throw the book at you. I failed all 3 of mine and still got number 4”.20
53. On this date, police attended DREW’s house to speak to him.21 No one was present and police left a card for him to contact them.
54. Videos later found by police on DREW’s phone saved by him at approximately 11.30pm display his vehicle performing burnouts with at least two passengers in the presence of numerous spectators standing nearby and filming on the roadway.22
Attempting to Pervert the Course (Charges 3, 4 & 5)
55. On 8 December 2021, DREW contacted police as requested. 23 As a result of a conversation with D/S/C Jacinta ALLEN, a driver nomination statement was forwarded to him.24 The email to DREW included the text “if you provide false/ misleading information on this nomination, significant penalties apply for attempting to pervert the
20 Exhibit 68: Snapchat, depositions, p.225
21 Statement of Jacinta Allen, depositions, p.60, paragraph 5
22 Exhibits 66 and 67: Videos
23 Statement of Jacinta Allen, depositions, p.60, paragraph 5
24 Statement of Jacinta Allen, depositions, p.60, paragraph 6
course of justice.”25 That evening he forwarded the nomination form with an email stating that “here is the form filled out with my mate who was driving the car on 15/11/2021. Let me know if there is anything else I can assist you with”. 26 In the form, DREW nominated Caleb CROMARTY as the driver on 15 November 2022.27
56. On this date, DREW made three bank transactions transferring 2 x $450 and 1 x $100 to LUNNEY-ADAMS with a description “loan”.28 LUNNEY-ADAMS made two transactions consisting of 2 x $450 to CROMARTY with a description “car parts”.29
57. Later that evening, DREW contacted his Snapchat friend “Uknwwhoitis”. He told them he is “gonna be broke as after tonight. Gotta pay Zara’s brother 1k to take the wrap for this skid bullshit… if its to keep me outta jail it’s gonna be done”.30
58. On 9 December 2021, police became aware that DREW’s vehicle had been seen in the vicinity of another hoon related driving event on 6 December 2021 at Healey Road, Dandenong South.31 Police had intercepted DREW with a group of friends after being called to the location for people performing burnouts at the intersection of Healey and Commercial Drive, Dandenong South.
59. On 10 December 2021, DREW send a message via Snapchat to a friend “Corey Johnson”, stating that he did not have any money because “I had to pay my mate to take the wrap for skidding my car”. 32
60. On 23 December 2021, police contacted CROMARTY by phone and left a message to return their call. Police shortly after received a phone call from CROMARTY. He was requested to attend Dandenong Police Station in relation to the nomination form provided by DREW.
61. On 23 December 2021, CROMARTY attended Dandenong Police Station. He self- nominated as the driver of vehicle with registration RN4MUK at the event on 15 November 2021 at Keysborough.
62. CROMARTY was arrested and a record of interview was conducted. During the interview, he me full admissions to being the driver of the vehicle and performing burnouts in the presence of an audience along Cambria Road, Keysborough. He advised police that the registered owner, Andrew DREW, was the passenger in the vehicle at the time of the incident and was encouraging him to perform burn outs. CROMARTY was charged and bailed to appear at Dandenong Magistrates’ Court on 17 May 2022.
25 Statement of Jacinta Allen, depositions, p.60, paragraph 7; Exhibit 8: Emails between Allan and Drew, depositions, p.119-122
26 Statement of Jacinta Allen, depositions, p.60, paragraph 8
27 Exhibit 9: Nomination Form by Drew, depositions, p.123
28 Exhibit 37: Commonwealth Bank Statement of Drew, depositions, p.189
29 Exhibit 39: Members Equity Bank Statement of Cromarty, depositions, p.195
30 Exhibit 68: Snapchat, depositions, p.226
31 Statement of Jacinta Allen, depositions, p.60-61, paragraph 9
32 Exhibit 64 and 65, depositions, p.227
Incident Nine: 29 December 2021
63. On 29 December 2021 at 2:42pm, DREW sent a Snapchat message to the group "NOTHING BUT MEXICO" that message read;33
SES ALRIGHT YOU CUNTS KNOW THE DRILL GET YA SETS READY AND PUMP THEM UP MORE THAN YOUR EX
KEEP THE PHONES IN YA POCKETS AND STAY THE FUCK OFF THE ROAD CUNTS CAN NOT STEER
INVITE TO MR NORTH AND MR EAST
STAY THE FUCK AWAY FROM SERVOS AND KEEP ON ON THE LOW WE DON’T
NEED ATTENTION FROM THE BOYS IN BLUE (AKA) THE DOGS FIRST SPORT WILL BE CALLED BETWEEN 9:11 and 9:32
#lastsouthfortheyear #Gheeup #Whitevsuteisapussy #rimbash
64. On 20 January 2022, LUNNEY-ADAMS made a further transaction consisting of a transfer of $100 from her bank account to CROMARTY with a description of “savings”.34 Accordingly, the transactions on 8 December 2021 and 20 January 2022, resulted in a total transfer from DREW, facilitated by LUNNEY-ADAMS, to CROMARTY of $1,000.
Incident Ten: 16 February 2022
65. On 16 February 2022 at 5:14pm, DREW send a Snapchat message to "TJ Thomas" that message read as follows;35
ALRIGHT ALRIGHT WE ALL KNEW THIS WAS COMING BEEN A BIT OF A WAIT BUT WE ARE BACK FOR ONE NIGHT AND ONE NIGHT ONLY SO PUT A SHOW ON
GET THEM SETS READY AND SMASH THEM OFF HARDER THEN YA SMASHED YOUR EX MISSO
WE INVITE MR SOUTH AND MR WEST THE INVITE DOESN’T GO OUT TO THE 5.0
33 Exhibit 70: Snapchat Message, depositions, p.229
34 Exhibit 38: Commonwealth Bank Statement of Lunney-Adams, depositions, p.191; Exhibit 39: Members Equity Bank Statement of Cromarty, depositions, p.195
35 Exhibit 71: Snapchat Message, depositions, p.230
YOU KNOW THE DRILL STAY THE FUCK OFF THE ROAD DON’T BE DRIVING LIKE VIN DIESEL BETWEEN SPOTS BLOCK THE COPS WE DON’T WANT PEOPLE TO GET LICKED FLIGHT TO MEXICO WILL LEAVE BETWEEN 9:16 AND 9:38
#RYDO #NORTHENPARTYTIME
66. At 10.30pm, 000 received two calls requesting police attend Northgate Avenue Thomastown for approximately 40 vehicles in attendance at a "hoon meet". One caller stated that he was involved in a near miss with one of the offending vehicles when travelling on that road. One police unit was dispatched to respond to the hoon driving at this event.
SEARCH WARRANT
67. On 23 March 2022, a search warrant was executed at 25 and 27 Bayfield Road West, Bayswater North.36 Present at the address were DREW and LUNNEY-ADAMS. DREW was arrested. Police seized mobile phone of each, a licence in the name of DREW, Domino’s car topper and 1992 grey Holden Commodore registration RN4MUK.37
RECORD OF INTERVIEW - DREW
68. On 23 March 2022, DREW participated in a record of interview with police and stated the following:38
a. He made admissions to misleading police on 8 December 2021 and that he falsely nominated CROMARTY as the driver. 39
b. He admitted that he was in fact the driver and that CROMARTY was not involved in the incident on 15 November 2021.
c. He was “freaking out” as he was close to getting his driver licence back.40
d. He sought advice from girlfriend LUNNEY-ADAMS as to what he could do.
e. LUNNEY-ADAMS provided CROMARTY’s details as a person who could help him out. He agreed to pay $1000 to falsely self-nominate as the driver.41
f. He electronically transferred $100 to LUNNEY-ADAMS for forwarding onto CROMARTY.42 His intention was to mislead police.43
36 Statement of Paul Holtzinger, depositions, p.65
37 Statement of Alex Lyons, depositions, p.76, paragraphs 7-10; Statement of Thomas Lewis, depositions, p.71; Exhibit 29: Photographs of RN4MUK, depositions, p.178
38 Exhibit 74: ROI, depositions, p.299-387
39 Exhibit 74: ROI, Q480-483, depositions, p.349
40 Exhibit 74: ROI, Q485, depositions, p.350
41 Exhibit 74: ROI, Q486, Q512, depositions, p.350, 354
42 Exhibit 74: ROI, Q487, depositions, p.450
43 Exhibit 74: ROI, Q525, depositions, p.355
g. He admitted to attending various locations on 15 November 2021 and doing burnouts when there were bystanders nearby.44 Some cars were no more than a metre away from his car.45 No one else was in charge of his vehicle. He also admitted to covering number plates with duct tape.
h. He could see people walking up to his car every now and again but not really through the smoke. He did not consider stopping.46 People were inside his car with body parts outside windows. He did not pay attention to whether they were wearing seat beats.47
FURTHER POLICE INVESTIGATIONS
69. On 27 March 2022, police downloaded data from DREW’s apple iPhone. Police identified further offences of incitement.
70. Phone records at the time of the incident in Keysborough on 15 November 2021, showed CROMARTY’s mobile phone was accessing data in Epson, Victoria, approximately 200 kilometres from DREW’s location in Keysborough.48 Accordingly, such information indicated that CROMARTY was not present at Keysborough at the time of the 15 November incident.
RECORD OF INTERIVEW – LUNNEY-ADAMS
71. On 5 April 2022 at 8:46am, LUNNEY-ADAMS attended the Dandenong Police Station by way of appointment. LUNNEY-ADAMS was arrested and then participated in a record of interview with police and stated the following:49
a. She was aware that police wanted to talk to DREW for doing burnouts and he told her he was “probably going to get done”.50 He forwarded her the email from police to nominate a driver.51
b. She admitted to assisting DREW with misleading police on 8 December 2021 and that she contacted CROMARTY to nominate as the driver.52
c. She did not want DREW to get in trouble with police because she did not want him to go to gaol.53 She wanted to help him.54
d. He said that he was going to see if someone would take the fall for him, and she told him that if he could not find anyone to let her know.55
44 Exhibit 74: ROI, Q269, depositions, p.326
45 Exhibit 74: ROI, Q280, depositions, p.327
46 Exhibit 74: ROI, Q289-290, depositions, p.328
47 Exhibit 74: ROI, Q292-294, depositions, p.329
48 Exhibit 34: Map of cell towers accessed by Cromarty, depositions, p.181
49 Exhibit 75: ROI, depositions, p.388-443
50 Exhibit 75: ROI, Q134, depositions, p.402
51 Exhibit 75: ROI, Q136-137, depositions, p.402 52 Exhibit 75: ROI, Q185-186, depositions, p.409 53 Exhibit 75: ROI, Q140, depositions, p.403
54 Exhibit 75: ROI, Q219-220, depositions, p.414
55 Exhibit 75: ROI, Q140, depositions, p.403
e. He told her he did not have any luck finding someone. She advised DREW that she knew someone that might help, her friend Caleb CROMARTY.56 She forwarded CROMARTY the email DREW received from police and he agreed to take the fall for it.57
f. The amount was agreed upon between DREW and CROMARTY.58
g. She received payments from DREW and sent them to CROMARTY totalling
$1,000.59 She initially kept $100 for herself and only forwarded $900 to CROMARTY as she needed money for cigarettes.60 She forwarded $100 at a later time.
RECORD OF INTERVIEW - CROMARTY
72. On 5 April 2022 at 10.33am, CROMARTY attended the Dandenong Police Station by way of appointment. CROMARTY was arrested and then participated in a record of interview with police and stated the following:61
a. On 15 November 2021, he was probably with his girlfriend in Bendigo.62
b. He made admissions to assisting DREW and misleading police on 8 December 2021.63
c. He was contacted by LUNNEY-ADAMS through Snapchat. He was told that someone needed to take the fall, otherwise “old mate” was going to gaol. LUNNEY- ADAMS told him that DREW was looking for someone. She asked if he would be willing. Initially he said “nuh” and she said that he was willing to pay him. He was told that he was going to get paid for it. 64 He was told it was for doing skids at south.65
d. He spoke to DREW via LUNNEY-ADAM’s messenger66 because the only way he could speak to DREW was via her.67 DREW told him that he was going to gaol and needed someone to take the rap.68 The amount of $1,000 was offered. A few days later he agreed for him to be nominated as the driver on 15 November 2021. 69
e. After he was paid, he met up with DREW for a few drinks. DREW told him that he did not have a licence and also suggested to him what to say to police so that he got away with it.70 As DREW had already paid him, he had to go along with it.
56 Exhibit 75: ROI, Q141-147, depositions, p.403
57 Exhibit 75: ROI, Q147, depositions, p.404 58 Exhibit 75: ROI, Q243, depositions, p.416 59 Exhibit 75: ROI, Q230, depositions, p.416 60 Exhibit 75: ROI, Q244, depositions, p.417 61 Exhibit 76: ROI, depositions, p.444-495 62 Exhibit 76: ROI, Q17, depositions, p.446
63 Exhibit 76: ROI, Q41-43, depositions, p.448-449
64 Exhibit 76: ROI, Q43, depositions, p.448-449
65 Exhibit 76: ROI, Q97, depositions, p.458
66 Exhibit 76: ROI, Q69-77, depositions, p.453-454
67 Exhibit 76: ROI, Q102, depositions, p.458 68 Exhibit 76: ROI, Q87, depositions, p.456 69 Exhibit 76: ROI, Q79, depositions, p.455
70 Exhibit 76: ROI, Q139-144, depositions, p.463
CHRONOLOGY
Date Event 1 March 2021 – 23 March 2022 Offending 12 April 2022 Filing Hearing (DREW, LUNNEY-ADAMS and CROMARTY) 20 June 2022 CROMARTY - Prosecution received Plea Offer from defence. 22 June 2022 LUNNEY-ADAMS - Defence advised matter to proceed by way of SHUB, plea of guilty to Charge 1 (Attempt to Pervert
the Course of Justice).
24 June 2022 CROMARTY – Plea Offer dated 20 June 2022 rejected. Counter-Offer provided.
LUNNEY-ADAMS – Matter resolved. DREW – Bottom line provided to defence.
27 June 2022 CROMARTY - Matter resolved. 28 June 2022 Committal Mention (DREW, LUNNEY-ADAMS and CROMARTY)
CROMARTY and LUNNEY-ADAMS – matters adjourned for Initial Directions Hearing at Melbourne County Court on 15 August 2022.
DREW – matter adjourned for Further Committal Mention on 29 July 2022.
28 July 2022 at 11:12am DREW – Bottom line dated 24 June 2022 rejected by
defence. Counter-Offer provided in response.
29 July 2022 Further Committal Mention (DREW) Matter resolved.
Matter adjourned for Initial Directions Hearing at
Melbourne County Court on 15 August 2022.
15 August 2022 Initial Directions Hearing (DREW, LUNNEY-ADAMS and CROMARTY)
Matters listed for Plea at Melbourne County Court on 12 October 2022.
12 October 2022 Plea
Nadia Deltondo
Counsel for the Prosecution
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5
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