Director of Public Prosecutions v Ford-McRorie

[2025] VCC 1214

IN THE COUNTY COURT OF VICTORIA

AT MELBOURNE

CRIMINAL DIVISION

Revised
Not Restricted
Suitable for Publication

Case No. CR-24-01830

DIRECTOR OF PUBLIC PROSECUTIONS

v

JESSE FORD-McRORIE

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JUDGE:	HIS HONOUR JUDGE GEORGIOU
WHERE HELD:	Melbourne
DATE OF HEARING:	3 July 2025
DATE OF SENTENCE:	22 August 2025
CASE MAY BE CITED AS:	DPP v Ford-McRorie
MEDIUM NEUTRAL CITATION:	[2025] VCC 1214

REASONS FOR SENTENCE
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Subject:Criminal Sentence

Catchwords:              Carjacking – Intentionally causing injury – Possession of a drug of dependence – Drive without a license – Significant criminal history – Guarded prospects of rehabilitation – Deprived childhood – High risk of reoffending

Legislation Cited:      Sentencing Act1991

Cases Cited:Leishman v The Queen [2019] VSCA 270, The Queen vVerdins [2007] VSCA 102

Sentence:                  Total effective sentence of 2 years and 9 months imprisonment with a non-parole period of 22 months

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APPEARANCES:	Counsel	Solicitors
For the DPP	Mr V. Farrugia	Office of Public Prosecutions
For the Accused	Mr R. Backwell	Valos Black & Associates

HIS HONOUR:

1Jesse Ford-McRorie, you have pleaded guilty to one charge of carjacking, one charge of intentionally causing injury, one charge of possessing MDMA, one charge of possessing Buprenorphine, and to a summary charge of driving unlicensed.

Circumstances of offending

2The circumstances of your offending are set out in the Summary of Prosecution Opening for Plea dated 2 June 2025. You accept the matters in that summary and it will form the factual basis upon which you are to be sentenced.

3On 8 March 2024, Stephen Mint[1] advertised his motorbike for sale on Facebook Marketplace for $3,000. The bike was kept at Oscar Mint's[2] address in Johnson Street, Thornbury.[3]

[1] A pseudonym.

[2] A pseudonym.

[3] A pseudonym.

4On 1 April 2024, Stephen Mint received a Facebook message from you asking to look at the bike.  He responded that he was travelling to where the bike was located and would provide you the address upon his arrival.

5At 3:30 pm, Stephen Mint arrived at Oscar Mint’s home and sent you a message with the address.

6At 4:10 pm you arrived in an Uber.  At this time, Oscar Mint was working on his car in the driveway with his brothers, Paul[4] and Richard[5]. Rachel Burgess[6], Phoebe Knight[7] and Sophie Elliot[8] were also present.

[4] A pseudonym.

[5] A pseudonym.

[6] A pseudonym.

[7] A pseudonym.

[8] A pseudonym.

7Stephen and Oscar Mint observed that you were about six feet tall, tattooed, and wearing a 'bum bag' across your chest.

8You and Oscar Mint shook hands, and you asked whether you could take the bike for a ride.  Oscar Mint asked for some photo identification. You were not able to produce any photo identification, and he refused to allow you to ride the bike.  He offered, instead, to start the bike and did so before turning it off.  You then became more vocal and aggressive and moved closer to him.

9Stephen Mint heard you mention you had 'boys waiting around the corner to knock him off the bike'.  You also stated, 'I didn't wanna come here just to listen to it, I want to take it for a test ride'.  Oscar Mint reiterated he would not allow you to ride the bike without photo identification.  You continued to inspect the bike, stopping occasionally to look down the street, as if you were waiting for someone.

10You offered a White Card and a Working at Heights card, neither of which had a residential address.  

11You then said to Oscar Mint, 'If you don't let me ride the bike, I'm going to get people to come and ram you off it'.  He felt frightened and replied, 'Don’t be like this, I'm happy to pay for your Uber. I won't be selling the bike to you anymore as you are not co-operating and are too aggressive.'

12You then walked to the footpath and made a phone call which lasted four to five minutes.  Oscar Mint overheard you say, 'They're wasting my time, I'm not happy, they're not giving me the bike, bring the jerry can'.  You finished the call, approached Oscar Mint, and said 'You're starting to piss me off'.

13You then lunged at him and grabbed the bike by the handlebars.  Oscar Mint pulled the bike away, and you pulled it back.  He told you to let go of the bike and you did so.  He then asked you to leave. You refused to leave. Oscar Mint also felt scared because there were children in the house.

14You stayed at the premises for a further 10 minutes, after which time a woman arrived on an electric scooter and similarly began to behave aggressively towards the Mint’s.  She stated that you were 'on stuff' and you would 'get the bike one way or another'.  Oscar Mint and others saw you reach into your clothing, and he reached for a crowbar

15You wrested the crowbar from Mr Mint and struck him with it to the arm and the back of the head, with full force. He recalls losing consciousness for a short period.  This conduct forms the basis of Charge 2, intentionally causing injury.

16Oscar Mint‘s daughter witnessed the attack on her father and said to you, 'Stop, you're hurting daddy'.  You said to Mr Mint, after he came to, 'I told you I was going to get the bike'.  You then took his bike and rode it away. The female take off on her scooter.

17The taking of Stephen Mint’s motorbike with force forms the basis of Charge 1, carjacking.

18Richard Mint and Sophie Elliot followed you in their car.  They observed the motorbike run out of fuel at the intersection of Diamond Parade and Bridge Road.  You tried to run from the area but you were tackled by a friend of the Mint’s. Police were called and you were arrested.

19Police recovered the motorbike and seized the bag you were carrying.  Among the items found in your possession were 0.1 grams of MDMA (Charge 3) and 0.1 gram of Buprenorphine (Charge 4).

20On the date of the offending, you were not authorised to drive a motor vehicle.

Mr Mint’s injuries

21Oscar Mint was in pain, particularly the back of his head and neck, from your assault upon him. Police saw that his condition was deteriorating and arranged for him to be transported to hospital.

22Mr Mint reported the following matters to a doctor at the Royal Melbourne Hospital:

(i)He received two strikes to the head;

(ii)He attempted to deflect the strikes with his right hand;

(iii)He suffered a head injury with loss of consciousness;

(iv)He had general body numbness, neck pain, and was sensitive to light.

23Dr Tegan Kay reported the following diagnoses – midline cervical spine (neck) tenderness with associated neurology, mild bilateral upper limb paraesthesia (pins and needles), There was no cervical spine injury seen on CT scan or MRI.

Background and personal circumstances

24You were born in June 2000.  You were 23 years of age at the time of this offending and are now 25 years old.  You are the eldest of three siblings.  You have two younger sisters.

25Your parents separated when you were young. You had regular contact with both parents throughout your childhood. You report having witnessed family violence prior to their separation. 

26When you were eight years of age, you witnessed a home invasion at your mother's house.  You and your sister hid in a cupboard, and you saw the intruders violently assault your mother.

27You had difficulties at school. You struggled with the curriculum, your behaviour and in your relationships with others at school.  You described your behaviour as 'uncontrollable'.  You report having been diagnosed with ADHD during primary school but you were never medicated for it.  You were expelled from four or five primary schools and in high school you received a number of suspensions because of your involvement in physical fights. You were expelled in Year 10.

28Since leaving school, you have worked variously as a roofer, as a brickie's labourer, and installing plaster boards.

29You were in a relationship for some two years prior to being remanded.  You described the relationship as positive and loving, notwithstanding that you are both currently incarcerated.  You have contact with your girlfriend through phone calls and monthly Zoom calls.  You are uncertain as to the current status of the relationship.

30You also report having the support of your family and participate in regular phone calls from custody with your mother, father, sister and grandmother.  Your mother and younger sister also visit you in prison.

31You have a long history of drug abuse, starting at the age of 14.  You report having tried most drugs including Cannabis, Methylamphetamine, Cocaine, MDMA, Heroin and GHB.  You have never been involved in any drug treatment programs.

Criminal history

32You have an extensive and relevant criminal history which you attribute to negative peers and drug use.  It commenced in the adult jurisdiction on 28 August 2019 at the Wodonga Magistrates' Court where you appeared for the offences of contravening a Family Violence Intervention Order, unlawful assault, intentionally damaging property, committing an indictable offence whilst on bail, criminal damage, theft of a motor vehicle, failure to stop on police direction and other driving offences.  You were convicted and sentenced to two concurrent Community Correction Orders of 18 months' duration, with conditions.

33Those Community Correction Orders were breached and on 20 April 2021, you were sentenced to an aggregate term of imprisonment of four months for the offences on which you were placed on the Orders, alongside offences of theft of a motor vehicle, three charges of driving whilst disqualified, failing to stop vehicle on police direction, dangerous driving, handling stolen goods, charges of theft and charges of committing indictable offences whilst on bail.

34On 22 April 2021, for offences including aggravated burglary and criminal damage you were sentenced to eight months' imprisonment and placed on a two-year Community Correction Order.  That Order was also breached and on 12 November 2021, the Order was confirmed.

35On 10 September 2021, on charges of theft of motor vehicle and driving whilst disqualified, you were sentenced to a term of imprisonment of two months.

36On 16 May 2023, you were sentenced to 12 months' gaol for intentionally causing injury.  You were also sentenced to 12 months gaol on the original charges on which you were placed on the Correction Order on 12 November 2021.  With orders for concurrency, you were sentenced to a total of 18 months' gaol.

37On 29 May 2023, for charges including burglary, theft, committing indictable offences on bail, intentionally damaging property, unlawful assault and handling stolen goods, you were sentenced to three months' gaol.

Psychological report

38You were assessed by Christine Kennedy, psychologist, on 26 May 2025.  Her report was tendered on your behalf at the plea hearing.

39Ms Kennedy states you present as an immature young man of dull intellect and poor coping skills.  She states you have minimal insight into your psychological functioning; you struggle to take responsibility for your behaviour; you are prone to impulsive or poor quality decision making; and you are likely to act on snap decisions that lack appropriate planning.  In Ms Kennedy's opinion, you suffer Post-Traumatic Stress Disorder for which you self-medicate with illicit substances; you present with symptoms of Attention Deficit Hyperactivity Disorder; and you satisfy the criteria for severe Anti-Social Personality Disorder. This latter disorder, in Ms Kennedy's opinion, means you lack empathy and are largely mistrustful of others

40In the absence of appropriate treatment and counselling, Ms Kennedy considers that you are likely to reoffend.

Sentencing considerations

41The offence of carjacking is an inherently serious offence as reflected in the maximum penalty of 15 years' imprisonment that may be imposed.  Causing injury intentionally is also a serious offence and has a maximum penalty of 10 years' imprisonment.

42With respect to the drug possession charges, I accept that your possession of the drugs was not for any purpose related to trafficking. Accordingly, the maximum penalty that may be imposed on each charge is 12 months' imprisonment.  The summary charge of driving without a license has a maximum penalty of six months' imprisonment.

43Although victim impact statements were not obtained, your conduct was undoubtedly frightening to the victim and those who had the misfortune of witnessing the events, including the victim's young daughter.  You would not listen to reason even when Mr Mint offered to pay for your Uber fare.

44Your counsel, Mr Backwell, submitted that the carjacking had some unusual features about it. That may be correct, but it nevertheless is a serious offence. Your overall behaviour was aggressive, brazen, obnoxious and thuggish. You acted in complete disregard of the rights of others. You caused injury to Oscar Mint, striking him with a weapon to the head, a vulnerable area of the body.  I am prepared to accept that your offending was unsophisticated and showed little signs of planning. You were not disguised, and you produced some identification with your actual name on it. You were not armed until such time as you wrested the crowbar from Mr Mint’s grasp.  I am also not able to find to the requisite standard that it was your intention from the outset to steal the motorbike.  

45I do not agree with Mr Farrugia, who appeared on behalf of the Director of Public Prosecutions, that your offending fell at the high end of objective seriousness. I agree, however, that it was serious and your moral culpability was high. You knew that what you were doing was wrong and you had ample opportunity to leave without incident. There was no justification or excuse for your conduct.

46You pleaded guilty to all the offences but did not do so at an early opportunity.  There was a committal hearing on 22 October 2024 at which witnesses were called and cross-examined.  There was a case assessment hearing on 17 February 2025 which was adjourned to enable resolution discussions to take place.  The case against you resolved on 21 March 2025 at a Directions Hearing and was listed for arraignment and plea on 11 April 2025. Through your pleas of guilty, the victim and witnesses have been spared the further ordeal of having to give evidence at trial. You have also saved the Court and the community the cost and time of a trial.  Your pleas are of utilitarian value and entitle you to a reduction in what would be an otherwise appropriate sentence.

47The offence of carjacking is a Category 2 offence.  Accordingly, unless you fall within one of the exceptions to s5(2H), I must impose a term of imprisonment, other than a sentence of imprisonment in addition to making a Community Correction Order. Mr Backwell, did not submit that you fell within any of the exceptions and properly conceded that the only appropriate sentence is a head sentence with a non-parole period.

48You were arrested on 1 April 2024 and have been on remand since then.  Mr Backwell informed me that you have been subject to 23-hour lockdown for the entirety of your remand. This submission was not challenged. He said that when you are out of your cell, you are on your own and you are unable to participate in any rehabilitative programs.  However, you do work as a unit billet distributing food at mealtimes.  Mr Backwell submitted that the conditions under which you are remanded is relevant to the sentencing synthesis and ought to be given significant weight.  I accept that some weight should attach to this consideration, but without evidence concerning why you are subjected to such conditions, I am not prepared to attach 'significant' weight to that consideration.

49With respect to your prospects of rehabilitation, having regard to your extensive criminal record, your history of illicit substance abuse, and the need for appropriate psychological and other treatment, they are, at best, guarded.

50In my opinion, considerations of general and specific deterrence, denunciation of your conduct, just punishment and the protection of the community from you, remain significant considerations, notwithstanding your relatively young age and mental health diagnoses.  You are towards the upper end of the range for a youthful offender, you have numerous relevant prior convictions, and you have been afforded many opportunities by the Courts to rehabilitate. Reliance is not placed on any of the well-known principles set out in The Queen v Verdins[9].  I will, however, moderate the sentence somewhat having regard to the conditions in which you have been kept during your remand and having regard also to your mental health diagnoses.

[9] (2007)

51I have also had regard to current sentencing practise for the charged offences.  I was also referred by Mr Farrugia to the decision in Leishman v The Queen[10] and to sentencing statistics for the offence of carjacking produced by the Sentencing Advisory Council for the period I July 2018 to 30 June 2023. I have also had regard to decisions referred to in the Judicial College of Victoria's Sentencing Manual. Sentences passed in other cases may provide assistance in informing the instinctive synthesis, but they are not precedents that must be followed.  Each case must ultimately be decided by reference to the circumstances of the offender, of the offending, and the aggravating and mitigating features.

[10] [2019] VSCA 270, [25]

52I was informed today that you have been in custody, as earlier mentioned, since the 1 April 2024, that is the date on which these offences were committed. However, on the 13 February 2025 you were sentenced at the Geelong Magistrates' Court to a term of imprisonment of seven months. This means that your period of pre-sentence detention for the matters on which I am to sentence you is 318 days. Mr Backwell submitted that I should have regard to the totality principle in determining the appropriate sentence. I accept that submission, noting you have now been in custody in excess of 16 months.

Sentence

53Having regard to all the relevant sentencing considerations, including the principle of totality, you are sentenced as follows:

54On Charge 1, Carjacking, you are convicted and sentenced to two years and six months’ imprisonment.

55On Charge 2, intentionally causing injury, you are convicted and sentenced to 14 months' imprisonment.

56On Charge 3, you are fined the sum of $500.

57On Charge 4, you are fined $500.

58On summary Charge 5, driving without a license, you are convicted and sentenced to one month imprisonment.

59All licenses held by you are cancelled and you are disqualified from driving for a period of 18 months from today.

60Three months of sentence imposed on Charge 2 is to be served cumulatively with the sentence imposed on Charge 1. This makes a total effective sentence of two years nine months' imprisonment. I set a non-parole period of 22 months.

61This total effective sentence is to be served concurrently with all other State sentences currently being served.

62Pursuant to s18 of the Sentencing Act1991, the period of imprisonment reckoned as already served under this sentence is 318 days not including today.

63Pursuant to 6AAA of the Sentencing Act1991, had you not pleaded guilty to the charges, the sentence I would otherwise have imposed is a sentence of four years with a non-parole period of two years nine months.

64Mr Tagar, are there any other orders?

65MR TAGAR:  There is the single disposal order, Your Honour.

66HIS HONOUR:  Concerning which property?  Was it the drugs?

67MR BACKWELL:  Drugs, screwdriver, jack handle, mobile phone, victim's clothing.

68HIS HONOUR:  Mr Backwell.

69MR BACKWELL:  No objection.

70HIS HONOUR:  Yes, I will make the disposal order that has been sought.

71MR TAGAR:  Thank you, Your Honour.

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