Director of Public Prosecutions v Evelyn
[2019] VCC 1015
•3 July 2019
| IN THE COUNTY COURT OF VICTORIA | Revised Not Restricted Suitable for Publication |
AT MELBOURNE
CRIMINAL JURISDICTION
CR 18-02429
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| JUSTIN EVELYN |
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| JUDGE: | HIS HONOUR JUDGE HIGHAM |
| WHERE HELD: | Melbourne |
| DATE OF HEARING: | 23 May 2019 and 24 May 2019 |
| DATE OF SENTENCE: | 3 July 2019 |
| CASE MAY BE CITED AS: | DPP v Evelyn |
| MEDIUM NEUTRAL CITATION: | [2019] VCC 1015 |
REASONS FOR SENTENCE
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Subject: CRIMINAL LAW
Catchwords: Sentencing – theft – handling stolen goods – conduct endangering persons – damaging property – causing injury recklessly – dangerous driving while pursued by police – assault an emergency worker on duty – resist an emergency worker on duty – burglary – attempted theft – drive whilst disqualified – fail to stop vehicle after an accident – possess controlled weapon without excuse – possess dangerous article in public place – go equipped to steal – drive vehicle whilst exceeding prescribed concentration of drugs – fail to stop vehicle on police direction – drive at a speed dangerous – commit indictable offence whilst on bail – fail to answer bail – use unregistered motor vehicle – contravene a conduct condition of bail – plea of guilty
Legislation Cited: Sentencing Act 1991 (Vic)
Cases Cited: Butler v the Queen [2019] VSCA 132, ss 6AAA and 18(4)
Sentence:Total Effective Sentence of five years and nine months, with a Non-Parole Period of four years and six months
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APPEARANCES: | Counsel | Solicitors |
| For the Director of Public Prosecutions | Mr. M. Vella | Office of Public Prosecutions |
| For the Accused | Mr. L. Barker | Emma Turnbull Lawyers |
HIS HONOUR:
1Justin Evelyn, you have pleaded guilty to 44 charges over 3 indictments, committed between 1 November 2017 and 13 November 2017. Tendered on the Plea as Exhibits 1, 2 and 4 were three Summaries of Prosecution Opening relating to each of the Indictments. These Summaries set out the agreed facts of your offending, the circumstances of which can be briefly stated as follows:
2I begin with the offending on Indictment H13166254.
3In the early hours of 1 November 2017, a red Hyundai Excel was stolen from the Seaford Railway Station carpark (Charge 1, theft). The value of the Hyundai was $4000.
4On 6 November 2017, at Frankston Magistrates' Court, you were bailed to the 10 November 2017 and ordered to undergo a Court Integrated Services Program (CISP) assessment. You were to reside at an address in Monahans Road, Cranbourne.
5In the early morning of 7 November 2017, you were spotted by police driving the stolen Hyundai vehicle. When lights and sirens were activated, you drove off at speeds in excess of 100 kilometres in an 80 kilometre zone (Charge 1, theft; Summary Charge 3, failing to stop on police request; Summary Charge 4, drive at a speed dangerous).
6Later that morning, you burgled premises at Hala's Café in Frankston Gardens Drive, Carrum Downs, by smashing the front safety glass door (Charge 2, criminal damage; Charge 3, burglary). Cash, drinks and food were stolen (Charge 4, theft). The value of stolen property and damage from this burglary was $6000.
7You then moved into neighbouring premises, which comprised storage units. You drove the stolen Hyundai into the roller door of one unit to gain access (Charge 5, burglary). You stole clothing, tools and various other items to a total value of $2500 (Charge 6, theft). You then broke into the neighbouring unit, intending to take anything of value and seizing a box of unknown goods (Charge 7, burglary). You moved onto the next unit, using your body in an attempt to force open the roller door, but you were unsuccessful (Charge 8, attempted theft).
8Charges 2 to 8 were all committed whilst you were on bail (Summary Charge 14, commit indictable offence whilst on bail). When interviewed in relation to these matters on 16 November 2017, you denied any involvement.
9The maximum penalty for each charge of theft, criminal damage and burglary is a term of imprisonment of ten years. The maximum penalty for attempted theft is a term of imprisonment for five years. The maximum penalty for failing to stop a vehicle on police request is a term of imprisonment of 12 months for a subsequent offence, and driver licence cancellation and/or disqualification. The maximum penalty for driving at a speed dangerous is two years' imprisonment. The maximum penalty for committing an indictable offence whilst on bail is three months' imprisonment. That comprises the offending on Indictment H13166254.
10I turn now to Indictment H13165636.
11On 8 November 2017, a grey-coloured BMW X5 was stolen from an address in Bayswater North. The owner had left the key in the vehicle and left it unattended for a very short while (Charge 1, theft of a motor vehicle; Summary Charge 4, committing an indictable offence whilst on bail). The vehicle was valued at $15,000.
12At about 12:25 am on 10 November 2017, an off-duty police officer, Senior Constable Rosomackie, observed two vehicles being driven erratically and apparently in convoy in the Seaford area. You were behind the wheel of the stolen BMW X5 (Summary Charge 15, driving whilst disqualified), which was displaying stolen registration plates (Charge 2, handling stolen goods).
13Senior Constable Rosomackie followed you to the carpark of a McDonald's restaurant and remained at that location, having called for back-up. Two marked police vehicles, a Ford Territory and a divisional van, entered the carpark and positioned themselves, so as to prevent your vehicle from leaving, one behind and one in front. One officer ran to the front passenger door of the BMW X5, while another female officer went to the driver's side and attempted to remove the keys from the ignition, so as to prevent you from driving away. As she lent in, you pushed her arm away and started the vehicle (Summary Charge 7, failing to stop vehicle on police direction).
14You then reversed the BMW X5 at fast speed, deliberately colliding with the passenger side of the police Ford Territory (Charge 4, criminal damage, rolled up charge).
15At the point of impact, Acting Sergeant Walsh was getting out of that vehicle and only narrowly avoided being struck by your vehicle. Senior Constable Lloyd also had to take evasive action to avoid being struck by your vehicle (Charge 3, conduct endangering persons; Summary Charge 20, commit and indictable offences whilst on bail). Senior Constable Machell was not so fortunate. His left foot was still in the Ford Territory when it was struck and the impact caused his right leg to be dragged under the vehicle (Charge 5, recklessly causing injury).
16You then drove your vehicle forward into the divisional van, moving it about two metres (Charge 4, criminal damage) and then reversed back into the Ford Territory again. The cost of repairs to those two police vehicles was $20,000. Having created sufficient space, you drove out of the carpark at high speeds, being followed by another police vehicle (Charge 3, conduct endangering persons). That concluded your criminality for that night.
17At 2:08 pm on 10 November 2017, the stolen BMW X5 was observed by two other police officers in the vicinity of the Baxter area. You were behind the wheel. A police pursuit commenced. You overtook other vehicles by crossing the central double lines and on the inside dirt shoulder. The speed with which you drove was such the pursuing officers lost sight of your vehicle (Charge 6, dangerous driving whilst pursued by police).
18At 1:30 am on 12 November 2017, you were observed by police driving a black Holden Commodore in Tyabb. That vehicle was unregistered (Summary Charge 32, use unregistered vehicle on the highway). The officers activated emergency lights and sirens, signalling for you to pull over. There followed a pursuit through the township of Crib Point. You drove at speeds in excess of 180 kilometres through a 50 kilometre limit area.
19The pursuit continued on to the Westernport Highway, where you drove into oncoming traffic, feigning your intention to collide with vehicles in a deliberate attempt to make police officers end their pursuit of you. You travelled through a roundabout on the wrong side at 170 kilometres an hour and then through further townships and into Frankston, where you drove at 120 kilometres an hour through residential streets. Police officers lost sight of your vehicle. That pursuit lasted for 22 minutes (Charge 7, dangerous driving whilst pursued by police; Summary Charge 34, commit an indictable offence whilst on bail).
20You abandoned the Holden vehicle in a residential area and messaged an associate, identifying your need for a new vehicle as you had, “…ramed 2 cop cars last night the drivers side is stoved trying ta get wheels”. You offered the stolen and damaged BMW X5 in return. Not surprisingly, your associate did not take you up on the offer.
21A search of the Holden vehicle recovered the keys to the BMW X5 and a stolen registration plate, XUY 840 (Charge 8, handle stolen goods). The BMW X5 was recovered by police at 10:30 am on 12 November 2017.
22All of this offending was committed whilst you were on bail. You failed to attend Court on 10 November 2017 and breached your condition of residence (Summary Charge 38, contravene conduct condition of bail; Summary Charge 23, failure to answer bail).
23When interviewed in relation to this offending, you denied being in Bayswater North and denied driving the BMW X5 or the Holden Commodore, as was your right. You concluded that, “I didn't do any of it - I'd just tell ya if I did. I'm fucked anyway, you know what I mean?”.
24Senior Constable Machell provided a Victim Impact Statement (Exhibit 3). He writes of having constant anxiety now about going to work and of experiencing panic attacks in the locker room. Stress has become a constant workplace companion for him and he has trouble sleeping, all of which has impacted upon his relationship with his wife. He is currently seeing a psychologist in an attempt to deal with the trauma arising from your assault upon him. He has consulted an osteopath, who has identified the damage done to his pelvis and the long road ahead for his physical recovery. There can be no doubt about the lasting impact of your offending upon that Victoria Police officer who was acting in the execution of his sworn duty.
25The maximum penalty for each charge of theft and criminal damage is a term of imprisonment of 10 years. The maximum penalty for handling stolen goods is a term of imprisonment of 15 years. The maximum penalty for conduct endangering persons is a term of imprisonment of five years. The maximum penalty for causing injury recklessly is a term of imprisonment of five years. The maximum penalty for driving dangerously whilst being pursued by police is a term of imprisonment of three years. The maximum penalty for committing an indictable offence whilst on bail and contravening a condition of bail is three months’ imprisonment. The maximum penalty for failing to stop on police direction is a term of imprisonment of six months for a first offence, and 12 months for a subsequent offence. The maximum penalty for driving whilst disqualified is a term of imprisonment of two years. The maximum penalty for failing to answer bail is a term of imprisonment of two years and the maximum penalty for using an unregistered vehicle, as a second offence, is 50 penalty units. That concludes the offending on Indictment H13165636.
26I turn now to Indictment H13165148.
27In the early hours of 11 November 2017, you and three associates arrived in the stolen BMW X5 (of Charge 1 on Indictment H13165636) at an address in Bittern. There you gained access to a parked Holden Calais, removed speakers from the boot of the vehicle and placed them on the ground. One of your associates then used an axe to try and gain entry to a workshop shed at the address. The door was extensively damaged, however entry was not gained (Charge 1, criminal damage).
28The resident victim, John Schefman, called out from his house. One of your associates tapped the barrel of a firearm against the window, telling Mr Schefman to, “Fuck off or I'll blow your head off.” (You are not charged in relation to that matter and you are not to be sentenced for that). You and your associates then left the premises in the stolen BMW X5.
29Between 12 and 13 November 2017, you used a bolt cutter to gain access to the staff car park of the Westernport Marina restaurant. You removed the single registration plate from the front of a Toyota Utility (Charge 2, theft of a registration plate).
30You then gained entry to a Nissan Navara Utility, damaging the door lock and forcing the ignition of the vehicle (Charge 3, criminal damage). You then drove off in the stolen Nissan Utility vehicle (Charge 4, theft of a motor vehicle), using a seat belt you cut from the Toyota to secure the front gates behind you.
31At about 5:00 am on 13 November 2017, you were sighted driving the stolen Nissan Navara in the Baxter area by an off-duty police officer, who duly notified uniformed colleagues.
32At 12:40 pm on that day, uniformed officers observed the stolen Nissan vehicle being driven at high speed over a roundabout on Bentons Road, Mount Martha (Summary Charge 7, driving whilst disqualified; Charge 5, conduct endangering persons). Further officers from Mornington and Frankston Criminal Interdiction Unit (CIU) then became involved in an attempt to locate both you and your vehicle.
33A short time later, you were spotted by a Frankston CIU police vehicle, which activated its lights and sirens, signalling for you to pull over. You accelerated directly towards the police vehicle at a fast rate of speed, forcing them to take evasive action so as to avoid a collision (Charge 6, dangerous driving whilst pursued by police). A pursuit then commenced. In your attempt to escape, you overtook vehicles on the incorrect side of the road and crossed double white lines. Your driving presented such a danger to other road users that a decision was made by officers to terminate their pursuit. You thereby achieved your purpose.
34Moments later, your vehicle collided with a Volkswagen wagon driven by Felicity Lovell. You failed to stop or render any assistance to Ms Lovell and continued driving at a fast rate of speed away from the scene of the accident (Charge 7, conduct endangering persons; Summary Charge 13, failure to stop your vehicle after an accident).
35Later, you were sighted by police in the Navara vehicle on the Moorooduc Highway, Mornington. By now, the threat that your driving posed to innocent road users was such that Police Air Wing support was requested. Sergeant McGorrery also followed you in his police vehicle.
36You turned into a driveway of a repairs premises and remained stationary until the police vehicle stopped. You then reversed your vehicle at a fast rate of speed and rammed the police vehicle, which had parked across the driveway so as to prevent your escape. You again accelerated at a fast rate of speed away from the accident (Charge 8, assault emergency worker).
37You continued to drive at excessive speeds, overtaking vehicles on the incorrect side of the road and straying over a roundabout at high speed in the presence of civilian traffic (Charge 9, conduct endangering person). You entered another roundabout on the incorrect side of the road, at high speed and into the path of an oncoming vehicle, and then over another roundabout. You drove into Bentons Square Shopping Centre carpark at dangerous speeds, before abandoning your vehicle at the front entrance and entering the Shopping Centre on foot (Charge 9).
38Followed by police officers into the Centre, you were located in the loading area but resisted arrest (Charge 10, resist emergency worker) until capsicum spray was used to subdue you.
39Search of the Nissan vehicle recovered an extendable baton (Summary Charge 27, possession of a controlled weapon), a metal pole with a rubber handle (Summary Charge 29, possess dangerous article), one knife (Summary Charge 28, possess controlled weapon) and two screwdrivers (Summary Charge 30, going equipped to steal).
40Analysis of a blood sample taken from you at the time of your arrest revealed a reading 0.26 ml of methylamphetamine per litre of blood (Summary Charge 33, drive whilst exceeding prescribed concentration of drugs). The cost of repair of the Nissan Navara you stole was $16,000. The total value of damage to vehicles and property of your offending equalled $63,500.
41The maximum penalty for each charge of criminal damage and theft is a term of imprisonment of ten years. The maximum penalty for each charge of conduct endangering persons and assault or resist emergency worker is a term of imprisonment of five years. The maximum penalty for the summary charge of driving whilst disqualified is a term of imprisonment of two years. The maximum penalty for the summary charge of failing to stop after an accident where a person is injured is a term of imprisonment of two years. The maximum penalty for the summary charge of possessing a controlled weapon is a term of imprisonment of two years. The maximum penalty for the summary charge of possession of a dangerous article in a public place is a term of imprisonment of six months. The maximum penalty for the summary charge of going equipped to steal is a term of imprisonment of two years. Lastly, the maximum penalty for the summary charge of driving under the influence of drugs is 60 penalty units and drivers licence cancelation and/or disqualification for a minimum of six months.
42I turn now to your personal circumstances.
43You were born in September 1981 and were aged 36 at the time of this offending. You are now aged 37. You are one of identical twins and I am told your twin has also had involvement with the Criminal Justice System, and is currently in a rehab facility.
44Your father was drug dependent and your parents’ relationship was fraught and punctuated by family violence. They separated when you were eight years old. Your childhood consisted of changing addresses in order to avoid your birth father. As such, you attended many different schools and your education suffered. You completed half of one year of secondary schooling, and are barely literate.
45You spent time living on the streets of Frankston and began using drugs in your early teenage years. You had your first Children's Court appearance at the age of 13. You found employment in your late teens, but were back in front of the courts in 2005, by which time you had developed an unhealthy relationship to alcohol.
46You have had two significant relationships in your life. Relevantly, you were in a relationship with Rhiannon for a period of nine years, which blessed you with two daughters, who are now aged 11 and 8. During this time, you lived a law-abiding life, working, being a provider and indulging in healthy pursuits, such as camping, motor biking and the like. The end of your relationship in 2013, it seems, was the catalyst for your life spiralling out of control.
47The vast majority of your court appearances from 2013 to date have been fuelled by your homelessness and, most significantly, your increasing abuse of drugs.
48You have a significant criminal record. You first appeared before the adult courts in 2001, at age 19, and have a further six appearances in 2005, 2013, 2014, 2016 and 2017. You have been convicted of offences including possession and trafficking of drugs, theft, handling stolen goods, reckless conduct endangering serious injury, possessing a weapon and driving whilst disqualified. You have been dealt with by means of imprisonment, suspended sentences, fines and community-based orders, which you have breached.
49Whilst you are not to be re-sentenced for matters already dealt with by the courts, they do impact my assessment of your prospects for rehabilitation, the need for specific deterrence, the need for community protection and your moral culpability.
50You have been remanded in custody since the day of your arrest on 13 November 2017. On 22 May 2018, you were sentenced to a Total Effective Sentence of nine months for other matters. That sentence expired on 9 July 2018 when you were again remanded in relation to these index offences.
51Tendered on the Plea as Exhibit 10 JE was a report by Michael Crewdson, clinical and forensic psychologist, dated 18 May 2018 which had been prepared for an earlier court hearing. Nonetheless, your Counsel, Mr Barker, invited me to consider its content.
52Mr Crewdson noted your early exposure to family violence and your early exposure to intravenous drug use by your father and his friends. Mr Crewdson continued, in reference to you and your brother and your separation from your children by virtue of your incarceration, “As history repeats itself, they have left shattered families behind them, because of criminal offending and drug use” (they being a reference to you and your brother). “These factors may play a part in his recent behaviour, but his general psychological state does not suggest any strong argument for reduced culpability.”
53Your mother was interviewed by Mr Crewdson and she reported that you were, at heart, essentially a good person. Further, she observed that when you are in prison, you start to make sense, but then,
“He loses it all the moment he gets out and goes back to the same people, who continue to do the same things.”
54Mr Crewdson described you as not unintelligent and functioning in a way that indicates there is no formal intellectual disability. He notes, however, that the effect of drugs may well play a role in reduced functionality, and your consequential thinking and decision-making capacity.
55You have overdosed on drugs in the past, and on one occasion, twice in one day, but these experiences have not managed to break your dependency. Further, Mr Crewdson observed there is a risk of you becoming institutionalised. He states,
“When prompted, he is able to acknowledge the impact on others of his offending, but seem to be caught up in the inevitably instrumental nature of his offending. Financing drug needs is apparently a major driving force and repeated terms of imprisonment have had no lasting change on his behaviour. He doesn't have any great insight into his behaviour, although there could be gains from further discussion in a therapeutic context.”
56Mr Crewdson concludes,
“He doesn't have a formal intellectual disorder, but there are deficits in his style of thinking and he is likely to have little regard for the consequences of his actions, which are generally instrumental to satisfy a fairly immediate need.”
57Mr Crewdson is further of the opinion that you quite likely have suffered from a major depressive disorder in your life. Significantly (and correctly) he states,
“Mr Evelyn is at a critical point in his life. He can either respond to the challenge of change, including addressing the underlying issues, alleviate his mother's concerns, and perhaps even resolving some alienation from his family of creation, or alternatively he can continue in a similar existence and remain within the revolving door that is regrettably all too familiar in the criminal justice system.”
58And that, Mr Evelyn, is clearly the stark choice which confronts you today.
59I turn to the submissions of counsel.
60Mr Fisher, learned Counsel on behalf of the Prosecution, submitted correctly that this was serious offending. It represented an escalation in the gravity of your offending. I agree with that submission. Whilst he accepted that regard should be had, in the light of authority, to your early circumstances of deprivation, Mr Fisher emphasised Mr Crewdson's opinion and also submitted that there was, in your case, an enhanced need for community protection. He submitted that your prospects of rehabilitation must be viewed as guarded at best, and he submitted that a significant term of imprisonment was the only appropriate disposition.
61Your learned Counsel, Mr Barker, conceded that this was most serious offending and that sentencing principles of general and specific deterrence, denunciation, just punishment and community protection all have an important role to play. Mr Barker noted, correctly, the utilitarian benefit, in terms of saving the community the time, cost and expense of a trial, that your plea brings with it and I give full effect to your plea. He submitted that you had managed to remain offence-free between the years of 2005 and 2013, that is during your committed relationship with Rhiannon, during which you had become a father and, it seems, a good provider. It was the breakdown of this relationship that sent you into a spiral of drug use, negative peer associations, and repeat offending of evermore gravity.
62Mr Barker submitted that there were positive prospects for your rehabilitation, given that your past had demonstrated that you were capable of living a
law-abiding life. Having regard to all the material, I cannot find your prospects for rehabilitation at this stage to be anything other than most guarded. As the report of Mr Crewdson makes clear, you are now expressing a desire to change your ways whilst in custody, but as soon as you emerge and regain your liberty, you go back to your old ways.63Mr Barker submitted that one historic problem for you had been an absence of your accommodation. You have not been provided therefore with a meaningful opportunity for structured support whilst in the community, which of course demands that you have a steady place of residence, from which all else might flow. He submitted that I should pay due regard to your deprived and fractured upbringing in accordance with established principles.
64Mr Evelyn, can I make clear, you have had a childhood to which no child should be subjected. I recognise that and I give what weight I can to that submission, noting the apparently contrary opinion of Mr Crewdson.
65Mr Barker's ultimate submission, so ably put, was that you should be given a shorter than normal Non-Parole Period so that, should you obtain parole, you will be able to be managed in the community, assisted in acting upon your expressed desire to change and to be given, in short, the opportunity to break the cycle of offending.
66Mr Evelyn, as I am sure you are aware, this offending is serious. You showed a complete disregard for the property of others, as is reflected in the callous and systemic way you committed burglary and thefts offences. An aggravating feature of those burglaries and thefts is that they were all committed whilst you were on bail, as indeed was all of the offending, save for the theft of the Hyundai (Charge 1 on Indictment H13166254).
67As for the driving offending on Indictments H13165636 and H13165148, the manner in which you used your vehicle as a battering ram to avoid arrest not only demonstrated a complete contempt for the law, but also would have been truly frightening for those put at risk. Mr Evelyn, no court will tolerate attacks upon police officers in the execution of their duty. Those who place police officers at risk of injury or inflict harm upon them, must know that if and when they are caught they will be sternly punished.
68Having escaped from the McDonald's carpark, the conduct in which you then engaged to avoid apprehension included deliberately driving your vehicle into the path of an oncoming vehicle so as to compel the police to cease their pursuit of you. Having effectively written off the BMW X5 on 10 November 2017, and having acquired a new vehicle on 13 November, you were back to your trade of burgling commercial premises and you again drove in a manner which led the police to terminate their pursuit, and, later again, deliberately rammed a police vehicle.
69You demonstrated a callous and brazen disregard for the safety of other road users and for the safety of police officers, which is demonstrated by the collision you drove away from, failing to stop or making any inquiry as to whether your actions had caused injury to the occupants of the vehicle with which you had collided.
70Your learned Counsel Mr Barker, with his usual facility of language, described your offending as, “A lawless rampage.” Your offending truly merits such a description. It was utterly lawless, Mr Evelyn, and it must be denounced. A firm message will go from this Court to deter anyone contemplating such behaviour.
71As the Court of Appeal recently stated in the case of Butler,[1]
“Driving … putting the public in danger so as to avoid facing the consequences of other criminal activity, is to be strongly condemned and severely punished. Furthermore, general deterrence is of prime importance in a case such as this. People tempted to drive recklessly and endanger the public in order to evade police must know that when caught they will receive stern punishment.”
[1]Butler v the Queen [2019] VSCA 132, [42].
72Those sentencing remarks clearly have direct application to your offending.
73Mr Evelyn, in sentencing you I must have regard to a range of different factors. I must give effect to the principle of general deterrence, that is I have to send a message from this Court to deter others from behaving as you did, and I must consider the issue of specific deterrence, that is to deter you from any repeat of such offending. I must consider the need to denounce your conduct and to protect the community from you. I make take into account the effect of your crimes upon your victims. I must have regard to current sentencing practices and to the statutory maximum penalty for the offences to which you have pleaded guilty. In short, I must try to balance your personal circumstances with the circumstances of your offending.
74Clearly, sentencing principles of general deterrence, specific deterrence, denunciation and protection of the community are primary sentencing principles in offending such as this.
75I hear that you want to change. Mr Evelyn, that choice is yours. You must break the cycle of drug use and the offending which feeds that drug use. I have had regard to all of the matters urged upon me so ably by your Counsel; to your plea of guilty, to your disadvantaged upbringing and to the principle of totality, which is of particular relevance in this case.
76However, as you are only too well aware, your offending is of such a gravity that the only appropriate sentence is a substantial term of imprisonment. I am required by law to pass no longer a sentence than is necessary in all the circumstances of the case. Having regard to that principle and to the principle of totality, I have moderated the orders for cumulation that I would otherwise have made.
77The sentence is as follows.
78On Indictment H13166254:
(a) On Charge 1 you are sentenced to a term of imprisonment of six months. Your licence is cancelled and you are disqualified from obtaining a licence for a period of three years;
(b) On Charge 2 you are sentenced to a term of imprisonment of four months;
(c) On Charge 3 you are sentenced to a term of imprisonment of nine months;
(d) On Charge 4 you are sentenced to a term of imprisonment of nine months;
(e) On Charge 5 you are sentenced to a term of imprisonment of 15 months;
(f) On Charge 6 you are sentenced to a term of imprisonment of six months;
(g) On Charge 7 you are sentenced to a term of imprisonment of nine months;
(h) On Charge 8 you are sentenced to a term of imprisonment of six months;
(i) On Summary Charge 3 you are sentenced to a term of imprisonment of two months, and you are disqualified from obtaining a licence for a period of 18 months;
(j) On Summary Charge 4 you are sentenced to a term of imprisonment of five months; and
(k) On Summary Charge 14 you are sentenced to a term of imprisonment of one month.
79I order two months of the sentence on Charge 1, three months of the sentence on Charge 3, two months of the sentence on Summary Charge 4, and three months of the sentence on Charge 7 run cumulative to each other and cumulative to the sentence on Charge 5.
80This makes a Total Effective Sentence (TES) on Indictment H13166254 of two years and one month imprisonment.
81I turn to Indictment H13165636:
(a) On Charge 1 you are sentenced to a term of imprisonment of eight months. Your licence is cancelled and you are disqualified from obtaining a licence for three years;
(b) On Charge 2 you are sentenced to a term of imprisonment of four months;
(c) On Charge 3 you are sentenced to a term of imprisonment of 20 months;
(d) On Charge 4 you are sentenced to a term of imprisonment of 16 months;
(e) On Charge 5 you are sentenced to a term of imprisonment of two years;
(f) On Charge 6 you are sentenced to a term of imprisonment of 15 months;
(g) On Charge 7 you are sentenced to a term of imprisonment of 18 months;
(h) On both Charges 6 and 7, your licence is cancelled and you are disqualified from obtaining a licence for a period of 12 months;
(i) On Charge 8 you are sentenced to a term of imprisonment of four months;
(j) On Summary Charge 4 you are sentenced to a term of imprisonment of one month;
(k) On Summary Charge 15 you are sentenced to a term of imprisonment of four months;
(l) On Summary Charge 7 you are sentenced to a term of imprisonment of two months and disqualified from obtaining a licence for a period of 15 months;
(m) On Summary Charge 20 you are sentenced to a term of imprisonment of one month;
(n) On Summary Charge 32 you are convicted and discharged;
(o) On Summary Charge 34 you are sentenced to a term of imprisonment of one month;
(p) On Summary Charge 38 you are convicted and discharged;
(q) On Summary Charge 24 you are sentenced to a term of imprisonment of four months.
82I direct two months of the sentence on Charge 1, four months of the sentence on Charge 4, six months of the sentence on Charge 6, eight months of the sentence on Charge 7, and one month of the sentence on the Summary Charge 24 run cumulatively to each other and cumulative to the sentence on Charge 5.
83This makes a TES on Indictment H13165636 of three years and nine months.
84I turn now to Indictment H13165148:
(a) On Charge 1 you are sentenced to a term of imprisonment of five months;
(b) On Charge 2 you are sentenced to a term of imprisonment of three months;
(c) On Charge 3 you are sentenced to a term of imprisonment of three months;
(d) On Charge 4 you are sentenced to a term of imprisonment of nine months and disqualified from obtaining a licence for a period of four years;
(e) On Charge 5 you are sentenced to a term of imprisonment of 18 months;
(f) On Charge 6 you are sentenced to a term of imprisonment of 15 months, your licence is cancelled and you are disqualified from obtaining a licence for 12 months;
(g) On Charge 7 you are sentenced to a term of imprisonment of 21 months;
(h) On Charge 8 you are sentenced to a term of imprisonment of 15 months;
(i) On Charge 9 you are sentenced to a term of imprisonment of 21 months;
(j) On Charge 10 you are sentenced to a term of imprisonment of four months;
(k) On Summary Charge 7 you are sentenced to a term of imprisonment of four months, your licence is cancelled and you are disqualified from obtaining a licence for a period of 12 months;
(l) On Summary Charge 13 you are sentenced to a term of imprisonment of six months;
(m) On Summary Charges 27 and 28 you are sentenced to an aggregate sentence of four months imprisonment;
(n) On Summary Charge 29 you are sentenced to a term of imprisonment of one month;
(o) On Summary Charge 30 you are sentenced to a term of imprisonment of two months; and
(p) On Summary Charge 33 you are convicted and discharged and disqualified from driving for a period of 18 months.
85I order that one month of the sentence on Charge 1, three months of the sentence on Charge 5, four months of the sentence of Charge 8, six months of the sentence on Charge 9 and one month on the Summary Charge 13 run cumulatively to each other and cumulative to the sentence on Charge 7.
86This makes a TES of three years on Indictment H13165148.
87I further order that nine months of the sentence passed on Indictment H1316265 and 15 months of the sentence passed on Indictment H13165148 run cumulatively to each other and to the sentence on Indictment H13165636.
88This makes a TES on all three indictments of five years and nine months. I fix a Non-Parole Period of four years and six months.
89Pursuant to s 6AAA of the Sentencing Act 1991 (Vic), had you not pleaded guilty you would have been sentenced to a TES of eight years and a Non-Parole Period of six years and three months.
90Pursuant to s 18(4) of the Sentencing Act, I declare that you have served 358 days of the sentence I have passed upon you, and I direct that be entered into the records of the Court.
91Mr Evelyn, I will repeat what I said: you have had a childhood to which no child should be exposed. However, you are reaching a point in your life when you have to do something about that, and that choice has to be made by you, and can be made by no one else.
92If you want to be offence-free, you are going to have be drug-free. You have got to stop taking drugs, particularly methylamphetamine, and if you want help, you have to ask for it and resources will be made available. You are not too old to turn your life around, Mr Evelyn.