Director of Public Prosecutions v Greer (a pseudonym)
[2025] VCC 852
•18 June 2025
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
Case No. CR-24-00884
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| DARRELL GREER (A PSEUDONYM) |
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JUDGE: | Karapanagiotidis | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 28 May 2025 | |
DATE OF SENTENCE: | 18 June 2025 | |
CASE MAY BE CITED AS: | DPP v Greer (a pseudonym) | |
MEDIUM NEUTRAL CITATION: | [2025] VCC 852 | |
REASONS FOR SENTENCE
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Subject:CRIMINAL LAW - Sentencing
Catchwords: theft – attempted theft – carjacking – drive disqualified
Legislation Cited: ss 5(1), 6AAA, 18X-Z Sentencing Act 1991 (Vic)
Cases Cited:
Sentence: Total effective term is 3 years or 36 months imprisonment. Sentence subsumed within custodial part of Drug and Alcohol Treatment Order.
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Ms J. Curtain | Office of Public Prosecution |
| For the Accused | Ms M. Cananzi | McNally & Gleeson Lawyers |
HER HONOUR:
1Darrell Greer,[1] you have pleaded guilty to the following charges: one charge of carjacking, one charge of theft and three charges of attempted theft.
[1] A pseudonym.
2You have also agreed to this Court hearing, and have pleaded guilty, to the summary charges of driving while disqualified (charge 13).
3The full circumstances of your offending are outlined in the prosecution opening, marked as Exhibit A. This constitutes the factual basis upon which I sentence you.
Circumstances of the offending
4At the time of the offending you were 36 years of age. You were also on bail, having been granted bail by the Latrobe Magistrates Court in October 2023. Bail conditions relevantly included a condition not to drive a motor vehicle.
5On Friday, 10 November 2023, at approximately 8.25pm, you entered Feeley Lane in Traralgon where victim Mr Joey Harper[2] was sitting in the driver's seat of his red 2011 Toyota Camry sedan. You entered his vehicle from the front passenger side and asked him for $10.00 multiple times, which he refused. You climbed across to the driver's seat where you attempted to start the vehicle by pressing the ignition button. This failed to activate the vehicle due to the proximity of Mr Harper who was in possession of the remote outside of the vehicle. He told you that he would call the police (charge 2 – attempted theft).
[2] A pseudonym.
6You fled south down Feeley Lane. At approximately 8.30pm, you attended an address at Breed Street, Traralgon where victim Ms Patricia Forbes[3] had parked her white 2016 Nissan. Ms Forbes and her friends were at the rear of the vehicle loading items into the boot when you approached and asked if they needed help which was declined.
[3] A pseudonym.
7You attempted to open the driver’s door, however one of them was able to lock the vehicle using the remote. You demanded the keys to the vehicle, which was refused (charge 3 – attempted theft).
8You then ran south along Breed Street and immediately approached victim Mr Mario Benton[4] who was sitting in the driver's seat of his grey 2007 Toyota Corolla sedan parked outside a Subway restaurant.
[4] A pseudonym.
9You opened the driver's door and reached over him to undo his seatbelt. You then reached for the keys in the ignition. The engine was switched off at the time.
10You pulled at Mr Benton’s shirt and struck him to the chest with a clenched fist. You were unable to remove him from his vehicle and ran off approximately 30 metres to the KFC drive thru (charge 4).
11Turning to charge 5, Mr Fredric Collins[5] was waiting in his vehicle in the queue to order food at the KFC drive thru. At approximately 8.38pm you opened the driver's door of his blue 2010 Honda Accord and said, "I need your car". Mr Collins refused. You grabbed Mr Collins and punched him in the upper right rib area underneath his armpit.
[5] A pseudonym.
12You then threatened Mr Collins by stating "I'll stab you" and "I'll poke you". You stood between him and the door which prevented Mr Fasoli from closing it.
13At this point Mr Collins feared he would be harmed by you. He complied with your demands for his vehicle which he placed in park, unbuckled his seatbelt, and exited. You entered Mr Collins’ vehicle and were last seen by him driving towards the Princes Highway.
14At approximately 12.30am on Saturday 11 November 2023, police responded to reports of a male behaving erratically whilst possibly armed with a stick at the BP service station in Caldermeade, which is situated on the South Gippsland Highway.
15You appeared to be in a state of psychosis and paranoia, believing you were being "gang stalked" and targeted by random people. Due to your behaviour, you were detained for the purpose of undergoing a mental health assessment and conveyed to Casey Hospital in Narre Warren.
16At approximately 5.22am, you were arrested by Pakenham police in relation to your offending. You were deemed to be heavily substance affected and remained at Hospital until you were in a state where a mental health assessment could be conducted.
17Mr Collins’ stolen vehicle was located near the BP service station in Caldermeade parked on the South Gippsland Highway. This was seized and towed for forensic examination (related summary charge – drive whilst disqualified).
18At approximately 8.10am on Wednesday 8 November 2023, a white 2006 Toyota Hilux utility was stolen from an address at Bass Highway, Leongatha. You admitted to purchasing this vehicle from an unnamed associate in Drouin knowing the vehicle to be stolen in exchange for drugs. You stated that you knew it was a "hottie", referring to a stolen vehicle, and that many people had used the vehicle after you had obtained it (charge 1 – theft).
19At approximately 5.15pm on Saturday, 11 November 2023, you were discharged from Casey Hospital and transported to Morwell Police Station for interview. You requested further rest and were subsequently interviewed at 9.22am on Sunday, 12 November 2023.
20You made partial admissions in relation to driving Mr Collins’ stolen motor vehicle, including possession of the keys. However, you denied any allegations pertaining to the carjacking. You claimed you were with an associate in Traralgon around the time it happened.
Gravity of offending
21The offending is serious, in particular the carjacking which is punishable by a maximum penalty of 15 years imprisonment. Further indicative of its seriousness, it is a category 2 offence and therefore must attract a custodial sentence unless a relevant exception applies. No exception has been advanced on your behalf, nor do I consider that one is enlivened on my assessment.
22On 10 November 2023, within a period of some 13 minutes, that is between 8.25pm until 8.38pm, you attempted to steal 3 motor vehicles, approaching 3 separate victims, before moving on to commit the carjacking on Mr Collins. Having unsuccessfully attempted to remove them from their car, and I note on charge 2 you entered Mr Harper’s vehicle and on charge 5 you pulled at Mr Benton’s shirt and struck him, your offending escalated with you punching and threatening Mr Collins. In turn, he complied with your demands because of the threats you made, the force you used and his fear for his safety.
23On my assessment of charges 2 through to 5, I accept that your offending was not sophisticated, nor, as submitted by the prosecution, did it ‘appear to have markers of significant planning.’
24While there is no victim impact statement from Mr Collins’ in his police statement he speaks of being shaken up and fearful at the time, which is entirely understandable and consistent with the highly confrontational nature of your offending.
25In respect of the theft charge, that is charge (1), the sentence imposed on this charge warrants a demonstrable discount as it’s based on the admissions you made during your interview.[6]
[6] R v Doran [2005] VSCA 271, [15]-[16].
26In relation to your offending I also take into account that you were on bail at the time and that you were disqualified from driving, though I note this constitutes a separate charge.
27You told psychologist Ms Gina Cidoni that at the time of your offending you were homeless, heavily using methamphetamine and GHB and struggling after your relationship ended. You reported having experienced, days before the incident, a severe psychotic episode. When you offended you were sleep deprived, heavily intoxicated and unable to distinguish reality from delusion and believed you were being watched and targeted. In relation to the carjacking you told Ms Cidoni ‘it blows my mind that I did that, I can only imagine how the other person felt.’
28I will return to your circumstances and your mental health at the time of the offending shortly.
Plea of guilty
29You entered a plea of guilty at an early opportunity, which entitles you to an important sentencing discount. Your plea was entered at a contested committal hearing in May 2024 but the hearing itself did not proceed and no witnesses were required to give evidence. Your plea of guilty has utilitarian value and indicates your willingness to facilitate the course of justice.
30I also accept that your plea of guilty, along with your cooperation with police during your interview, demonstrates your willingness to accept responsibility and your remorse. Ms Cidoni refers to you expressing ‘sincere remorse and a strong desire to change’ (at [25]). Psychologist Ms Sandra Cokorilo also refers to your expressions of remorse and your comments, which included ‘I can only imagine how the innocent person felt in the car’ and ‘its terrible what I have done.’
Personal circumstances
31Your personal circumstances were outlined by your Counsel, Ms Cananzi, and are canvassed in detail in the reports of consultant clinical neuropsychologist Mr Martin Jackson, 7 October 2024, Ms Cokorilo (incorrectly) dated 28 September 2024 and Ms Cidoni of 16 March 2025.
32In summary, you are now 37 years of age and you were born and raised in the Wonthaggi area of West Gippsland. You are the third of five children.
33Your parents were in an on-again, off-again relationship and the family unit was an unstable one. Also, the environment was one impacted by significant loss and grief. Your father committed suicide in 2004, which occurred two days after the accidental death of your brother in a motor vehicle accident. You and your surviving brother discovered your father’s body.
34Following these tragedies, your mother developed mental health difficulties and moved to Melbourne with your sisters and your surviving brother relocated to the United States. You told Ms Cidoni that your mother didn’t want you to move with her, leaving you effectively homeless and couch-surfing from around the age of 16.
35You have not had contact with your mother for some years. You have a close relationship with your youngest sister but otherwise have no contact with your remaining siblings.
36Your housing instability has been chronic. You have never had stable accommodation, aside from periods where you have lived with a partner or been incarcerated.
37You have had two significant relationships. Your first long-term relationship lasted seven years and ended in around 2018. You have one daughter from this relationship, who is now aged 13, but you have not had contact with her for years. Your second relationship lasted one year and bore a son, who’s now approximately nine years of age. The relationship ended before his birth and you’ve only had minimal contact with him. Both relationships ended in the context of your substance abuse.
38In terms of education, you struggled academically from an early age and experienced significant learning difficulties and persistent bullying. You were diagnosed with Attention-Deficit Hyperactivity Disorder (ADHD) in primary school and medicated for a short period of time. You report struggling, being illiterate and of receiving no additional learning support during your schooling.
39You left in Year 8 due to severe bullying and began working on your father’s dairy farm as an apprentice but stopped after his death, when you were aged 16. You latter attempted work in excavation and baking but ceased working in 2012 due to your repeated incarcerations and escalating substance use. You have also received the Disability Support Pension (DSP).
40You reported a history of head trauma, stating that you had been involved in multiple motor vehicle accidents, drug overdoses and physical assaults. You have lost consciousness on several occasions due to head trauma.
41Following the death of your father and brother, you exhibited symptoms of Post-Traumatic Stress Disorder (PTSD) including intrusive thoughts, hyperarousal, emotional avoidance and persistent negative cognitions. You have engaged in some counselling and treatment though usually within a prison context.
42In terms of your drug use history, this is well canvassed in the report of Ms Cidoni. Your substance use began at age 16, following the sudden deaths of your father and brother. You report drinking heavily to numb your emotions. By 18 you stopped drinking alcohol and replaced it with illicit drugs.
43At age 16 you started using cannabis daily until around the age of 19. Between 19 and 25 you engaged in the daily use of amphetamines and ecstasy. At 25 you began using methamphetamine and ketamine. Initially you smoked methamphetamine but within a short period transitioned to intravenous use. You experienced periods of severe sleep deprivation while using methamphetamine, which exacerbated your hallucinations and delusional thinking. Approximately two to three years ago you began using GHB, likely to be longer now, causing you frequent blackouts and dissociative episodes. You have overdosed multiple times, requiring emergency hospitalisation on occasion.
44Despite nearly two decades of continuous substance use you have never engaged in addiction treatment. You have never attended residential rehabilitation or participated in court mandated drug programs. You have however undertaken courses in custody.
45In addition to substance use you also have a documented history of problem gambling.
46You have an extensive and relevant prior criminal history and have spent a total of approximately 10 years in prison over the years. During your assessment with Ms Cidoni you acknowledge that, at times, you viewed prison as an easier option, stating that prison ‘gives me a house and a bed.’ You have a history mainly for dishonesty, drug and driving offences. In 2018 your offending escalated, resulting in a total sentence of four years and six months’ imprisonment by the County Court for offences including theft of firearm, possession of firearm, dangerous driving and reckless conduct endangering serious injury.
47In sentencing you I take into account your personal background and history. I also take into account your experiences of significant trauma and grief and the instability and disadvantage you have experienced from a young age.
Psychological/neuropsychological reports
48As already noted, there are several psychological and neuropsychological reports before the Court that provide significant insights into your circumstances.
49Mr Jackson assessed your Full-Scale IQ at 68, placing you in the extremely low range, consistent with mild Intellectual Disability. Your verbal comprehension index was particularly impaired, while your perceptual reasoning and processing speed scores were in the borderline to low average range. Your reading ability was assessed at a third-grade primary school level, and your mental arithmetic skills were extremely poor. Your immediate memory span was assessed as extremely low but you showed a capacity for new learning with repetition. Your executive functioning was severely impaired in verbal abstract reasoning and logical thinking, though your perceptual planning and organisation skills were within the low average to average range. Despite previous assessments diagnosing mild intellectual disability, Mr Jackson concluded that this was not an accurate classification. Instead, you present with a longstanding neurodevelopmental disorder, specifically a verbal/language learning disability. This impairment severely affects your verbal comprehension, abstract reasoning, working memory, literacy and numeracy skills, while your perceptual abilities remain largely intact. Given the significant discrepancy between your verbal and perceptual skills, an Acquired Brain Injury was ruled out as the underlying cause.
50Mr Jackson strongly recommends that you receive intensive support upon release, as incarceration alone would not address your underlying cognitive and psychological challenges. A hands-on approach to therapy was deemed necessary, within information delivered in simple terms and repeated multiple times to accommodate your language-based learning disability. Given your poor problem-solving skills and difficulty with abstract thinking, therapeutic interventions should focus on practical, real-world applications rather than purely verbal based counselling. A comprehensive mental health and substance use treatment plan was essential, including psychological counselling for unresolved grief, trauma and emotional regulation.
51On assessment and formal testing, psychologist Ms Cokorillo provides the following opinions (see [62]-[83]: you suffered a series of devastating losses in adolescence which undoubtedly changed the trajectory of your life; you developed symptoms consistent with PTSD and began self-medicating with alcohol and substances to cope; the frequency and severity of your chronic anxiety and bouts of depression and suicidal ideation meet the criteria for GAD and recurrent episodes of MDD; these symptoms have presented particularly challenging given your untreated ADHD and cognitive deficits; you have reduced capacity for consequential thinking and your ability to think clearly, respond calmly and exercise appropriate judgment is reduced; your ADHD and language learning disability are stable and permanent in nature. She also opines that at the time of your offending you met criteria for Stimulant and sedative/hypnotic use disorders and that your untreated psychopathology is also considered a precipitating and perpetuating factor in your substance use. Although you present with complex psychopathology she considers that you impressed as having good motivation to reform your lifestyle. She makes a number of useful recommendations for intensive and targeted therapeutic supports to optimise your quality of life and reduce the risk of recidivism.
52Ms Cidoni canvasses the previous reports and confirms that your cognitive difficulties are longstanding and consistent with your early educational history. These limitations have a profound impact on your capacity for independent living. Her clinical evaluation indicated the following diagnosis: stimulant use disorder; ADHD, PTSD, MDD (major depressive disorder) and GAD (generalised anxiety disorder) and she provides the basis for these diagnoses at paragraphs [98] to [102] of her report.
53Ms Cidoni opines that ‘at the time of the alleged offending, [you were] experiencing a profound deterioration in [your] mental health, driven by the combined effects of acute substance-induced psychosis, longstanding untreated mental health conditions, and significant cognitive impairments.’ She states further, ‘he described experiencing severe paranoia, hallucinations, and disorganised thinking in the days leading up to the incident, noting that he had been heavily using methamphetamine consumption and high-dose GHB intake. The use of both substances is known to cause significant psychotic and dissociative symptoms …’
54Ms Cidoni assesses your overall risk of further offending as moderate to high (at [107]) and considers that you do possess several protective factors that may mitigate this risk, including your insight, genuine remorse, sustained abstinence in custody and a supportive and active NDIS team (at [108]). Ms Cidoni also makes useful recommendations for future treatment and support.
55The prosecution concede that your psychopathological profile is a matter that is relevant to the Court’s instinctive sentencing synthesis and in the overall assessment of your moral culpability. They submit it is relevant that rather than having a ‘calculated criminal intent’ at the time of your offending, you were in a psychotic state, suffering from delusional perceptions and unresolved trauma. However, given your admitted drug use in the immediate lead up to the offending and the evidence before the Court that any psychosis you were operating under was drug induced, the prosecution submit it does not give rise to the necessary threshold to enliven limb 1 of the Verdins principles[7]. As I understood it, your Counsel contends that it should have some application.
[7] R v Verdins [2007] VSCA 102.
56I accept that at the time of the offending you were you were in a state of ‘psychological collapse’ as described by Ms Cidoni. I also accept that your longstanding trauma and mental health history have contributed to your vulnerability to psychosis and emotional dysregulation (at [104]). However, in all the circumstances, I accept the prosecution submission. Your mental health and deficits are relevant but as for the casual connection between them and your offending, it is difficult to disentangle the impact of your substance abuse. While your cognitive impairments and psychiatric conditions are likely to have compromised your judgment, your substance-induced psychosis and substance use disorder were ‘primary drivers’ of your offending (at [1043] and [109]).
57Notwithstanding this finding, I make clear that I do take into account your deficits and complex psychological profile in sentencing you. I also consider that there should be a sensible moderation of general and specific deterrence in your case, though these principles, along with community protection, plainly remain relevant and important.
Drug and Alcohol Treatment Order determination
58Addressing now the matters relevant to the making of a Drug and Alcohol Treatment Order (DATO). The purposes of a Drug and Alcohol Treatment Order are outlined in s.18X of the Sentencing Act 1991 (‘the Act’) and are to facilitate your rehabilitation, to take account of your drug or alcohol dependency, to reduce the level of criminality associated your dependency, and your associated health risks.
59In considering whether to make such an Order, I must regard your rehabilitation and the protection of the community from you, achieved through your rehabilitation, as having greater importance than other sentencing purposes such as denunciation and general deterrence. While your rehabilitation is given primacy, given the nature of the offending, general deterrence and denunciation are still significant factors in the Court’s instinctive synthesis.
60The criteria for the making of a DATO are set out in s18Z of the Act 1991. Both the prosecution and defence accept that you are prima facie eligible for a DATO. Having regard to the applicable sentencing principles, and all of the circumstances of the case, both also accept that it is open to the Court to sentence you to an order.
61I have also received, and take into account, the Clinical Adviser Assessment Report of 21 May 2025 and the Case Management Assessment Report of the same date.
62I am satisfied on the balance of probabilities that you are dependent on drugs. I take into account the history of your substances use, as canvassed in detail in all of the reports. I also take into account the assessment of the clinical advisor that your score of 37 out of 44 on the Drug Use Disorders Identification Test indicates that you were likely to have been heavily dependent on drugs over the 12 months prior to your arrest.
63I am also satisfied that your dependency contributed to the commission of the offending now before the Court. As already canvassed, while there may have been other factors contributing to the offending, you were clearly heavily intoxicated at the time and suffering from a drug induced psychosis. The clinical advisor also assesses you as satisfying the diagnostic criteria for diagnoses of Substance Use Disorder at the time of the initial offending.
64In order to impose a DATO I must also be satisfied that it would otherwise be appropriate to impose a sentence of imprisonment of no more than four years. In this respect, I have taken into account a range of factors includes the maximum penalties, the nature and gravity of the offending, your circumstances, the psychological material before me, your prior criminal history and the relevant sentencing landscape, including the sentencing statistics that have been referred to by both Counsel, noting their guidance and inherent limitations. Your offending is serious and I consider the only just and appropriate sentence to be one of imprisonment. However, I am satisfied that there is sufficient sentencing scope for the Court to impose a DATO.
65In formulating the appropriate sentence, I also take into account the principles of proportionality and totality. I intend to impose individual sentences to reflect the separate criminality of each offence. I note the presumption of cumulation that applies in this case but I consider that the close proximity and temporal nature of the offending needs to be reflected in orders of substantial concurrency, to reflect and achieve an overall just and appropriate sentence.[8]
[8] Sentencing Act 1991 (Vic) s16(1A)(e).
66Pursuant to s18Z(3) of Sentencing Act 1991, I must not make a DATO unless satisfied in all the circumstances that it is appropriate to do so. This involves a consideration of your suitability for such an intensive Order.
67In your assessment with the clinical advisor, you expressed fatigue with your historical offending, substance use and lifestyle and of wanting support in the community to assist with your substance use, housing and goals. You expressed aspirations to ‘complete drug court, get [your] licence, have somewhere to live and be drug free.’ Indeed, most of your assessment discussion was centred on you expressing motivation and keenness to engage in the order and progress your life. The clinical advisor was satisfied that the treatment and supervision component of a DATO would be an appropriate intervention to address your substance use disorder and that there are no significant concerns regarding your capacity to participate in such an order, provided your special needs are accommodated, as outlined in her report. In your assessment with the case manager who indicated that you hoped to obtain a DATO for the support. You stated, ‘I am tired, I am really tired. I don’t want to come back to jail anymore.’ You highlighted that a DATO was not to ‘get out of jail,’ outlining that you had spent two years incarcerated and fear that without this intensive order, this pattern will simply continue. She also assesses you as suitable for the order.
68I have also had regard to the Individual treatment plan, which has been devised by the Drug and Alcohol Treatment Court clinical team, in conjunction with those named I the plan as your care team. I note that you report no illicit substance use in custody and are presently treated with buprenorphine. You have also completed rehabilitative courses in custody, including ‘Skating on Ice’ and the ‘Healthy Relationships Program.’ You have also been approved for an NDIS package and have a worker who will continue to support you, and I note present in Court today.
69You have now been on remand since your arrest on 11 November 2023, which is over, or well over, a year and a half. A period of 280 days is attributable to other unrelated offending, heard on 2 February 2024. You therefore have an agreed total of 501 days in pre-sentence detention for this matter. Having served this period in custody you will now be placed on a significant order, which will carry onerous obligations and a substantial custodial component operative for up to several years.
70You have expressed to the various practitioners who have assessed you a strong desire for change and in particular to address your substance addiction. While your prospects of rehabilitation must be assessed cautiously and you present with a number of challenges, you have demonstrated some capacity to do this in the past. In 2021 while on a parole order you complied and maintained abstinence for a sustained period of time.
71Having carefully considered the criteria for the making of a Drug and Alcohol Treatment Order set out in s18Z of the Sentencing Act1991, and having considered all of the relevant reports and submissions, I am satisfied that it is appropriate in all the circumstances to make a Drug and Alcohol Treatment Order in your case.
Sentence
72Synthesising all relevant matters, you are convicted and placed on a Drug and Alcohol Treatment Order (DATO). This order commences today.
73A DATO has two parts: the treatment and supervision part and the custodial part. The treatment and supervision part itself has two parts which are as follows:
74The core conditions, which are that you (s.18ZF):
(a) must not commit, whether in or outside Victoria, another offence punishable on conviction by imprisonment; and
(b) must attend the Drug Court when required by the Drug Court to do so; and
(c) must report to a Melbourne Drug Court House or other specified place within 2 clear working days after the order is made; and
(d) must undergo treatment for drug or alcohol dependency as specified in the order or by the Drug Court.
(e) report to an accept visits from a member(s) of the Drug Court.
(f) must give notice of any change of address within 2 clear working days before the change to a specified Drug Court officer,
(g) must not leave Victoria without the permission of the Drug Court.
(h) must obey all lawful instructions from the Drug Court Team.
75The core conditions will operate for 36 months (3 years) or until further order.
76The program conditions, are as follows:
(a) comply with the individualised treatment plan dated 12 June 2025 and signed by you on 18 June 2025
(b) submit to drug or alcohol testing specified in the order as directed; and
(c) submit to detoxification or other treatment specified in the order (whether or not residential in nature) as directed; and
(d) attend vocational, educational, employment or other programs as directed; and
(e) submit to medical, psychiatric or psychological treatment as directed;
(f) engage in addiction counselling and more specifically problem gambling counselling as directed; and
(g) Engage with NDIS services to promote ability to engage in the DATO, maintain independent living and assist with community linkage and capacity building; and
(h) Must not attend Gaming Venues, including but not limited to Crown, TAB venues, RSLs or other venue with slot machines; and
(i) Must not gamble online or via any Smart Device; and
(j) Must not access any online gaming platforms; and
(k) reside at accommodation as directed by the DATC team until further order;
(l) comply with a curfew that you remain at the nominated address between 9pm and 6am. This curfew is required until further order.
(m) do or not do anything else that the Drug Court considers necessary or appropriate concerning:
(i) your drug and alcohol dependency; and
(ii) the personal factors that the Drug Court considers contributed to your criminal behaviour.
(n) Not use a drug of dependence without lawful authorisation.
(o) Abstain from alcohol.
(p) Not to drive or operate a motor vehicle.
77These program conditions will operate for two years or until further Order.
78The custodial part of the DATO is the term of imprisonment that I would have imposed had I note placed on an order, and it is a term of imprisonment of 36 months (3 years) months. This is not to be served unless the Court orders this to occur.
Sentence
79This term is comprised of the following individual sentences:
80Charge 1, theft – 6 months imprisonment.
81Charge 2, attempted theft – 6 months imprisonment.
82Charge 3, attempted theft – 4 months imprisonment.
83Chage 4, attempted theft – 6 months imprisonment.
84Charge 5, carjacking – 2 years and 8 months imprisonment.
85Summary offence, drive disqualified, 2 months imprisonment.
86Orders for cumulation as follows: charge 5 is the base sentence. On each charge 1, 2, 3 and 4 one month cumulated on charge 5. Otherwise, all other sentences to be served concurrently.
87Total effective term is 3 years or 36 months imprisonment.
88Pursuant to s.18 of the Act I declare you have served 501 days imprisonment.
89Pursuant to S.6AAA of the Act, I indicate that but for your plea I would have sentenced you to a term of 4 years and 2 months with a NPP of around 2 years 6 months.
90I make the disposal order, by agreement, in the terms sought.
91Pursuant to s.89 of the Act, all licences are cancelled and you are disqualified from obtaining one for the following periods I imposed today: on each charge 1, 2, 3, 4 and summary charge 13, 3 months and on charge 5, 12 months.
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