Director of Public Prosecutions v Haberman

IN THE COUNTY COURT OF VICTORIA

AT GEELONG

CRIMINAL DIVISION

Revised
Not Restricted
Suitable for Publication

Case No. CR-19-02018

DIRECTOR OF PUBLIC PROSECUTIONS

JACKSON HABERMAN

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JUDGE:	HER HONOUR JUDGE HAMPEL
WHERE HELD:	Geelong
DATE OF HEARING:	12 December 2019
DATE OF SENTENCE:	12 December 2019
CASE MAY BE CITED AS:	DPP v Haberman
MEDIUM NEUTRAL CITATION:	[2019] VCC 2147

REASONS FOR SENTENCE
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Subject:

Catchwords: Conduct endangering life - highly dangerous driving placing other road users at significant risk – Series of burglaries and car thefts – arson of car – high-risk young offender – substantial criminal history – background of significant disadvantage and deprivation – risk of substance abuse – need for rehabilitation balanced against seriousness of offending

Legislation Cited:
Cases Cited:
Sentence:

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APPEARANCES:	Counsel	Solicitors
For the DPP	Ms R. Harper	Office of Public Prosecutions
For the Accused	Mr S. Anger	Giorgianni & Liang

HER HONOUR:

1 Jackson Haberman, on 7 August 2018, the Geelong Magistrates' Court disqualified you from driving for a period of 30 months. You were then in custody and on my count would have been released as a result of that sentence at the end of that month, having regard to the amount of time you had already spent in pre-sentence detention.

2 Undeterred by the court-ordered licence disqualification and consistently with your attitude to court orders more generally, by 13 September 2018, that is approximately two weeks after your release from custody and when the offences that come before me for sentencing today commenced, you were seen driving a stolen vehicle.

3 Your release from custody following on the orders of the Geelong Magistrates' Court on 7 August 2018 was not unsupervised. It was part of a sentence imposed on that day that at the end of your total effective sentence of 225 days, which included 201 days on remand, you were to serve an 18 month community correction order with strict rehabilitative conditions, including supervision, participation in offending behaviour programs, particularly and specifically a road trauma awareness program and to be subject to judicial monitoring.

4 In the 13 days following that initial sighting of you driving a stolen car, you engaged in a persistent course of conduct of theft and destructive behaviour, much of it involving stealing from, damaging, destroying and driving stolen cars.

5 Then, on 26 September, so that is 13 days after the first sighting of you driving a stolen car after your release, you were charged with multiple offences arising out of that 13-day period and were released on bail.

6 By 8 October, undeterred by the licence disqualification imposed on 7 August, the CCO which you commenced serving at about the end of August, or the bail conditions upon which you had been released on 26 September, you continued on that course of theft and destructive behaviour that you had been on for that two-week period in mid-September.

7 Your out-of-control and dangerous behaviour was brought to an end by your re-arrest, following your abandonment of yet another stolen car in Highton. You abandoned that car after a prolonged police pursuit.

8 You had driven in the most horrifying and dangerous manner along the Princes Highway from somewhere west of Colac all the way to Geelong, before turning off the highway and into Bellevue Avenue and then Taylor Court in Highton before abandoning that car, running into a house, hiding there and ultimately being arrested with the assistance of the police K9 squad.

9 And so it is you come before the court today pleading guilty to an indictment containing 58 charges and three related summary offences. In total you have pleaded guilty to 36 charges of theft and one of attempted theft, nine charges of burglary and one of attempted burglary, one charge each of obtaining a financial advantage by deception and handling stolen goods, six of damaging property, one of possession of a drug of dependence (methamphetamine), one of arson and one charge of conduct endangering life in respect of your driving on the day of your arrest.

10 The related summary offences are one charge of failing to stop on police direction, one rolled-up charge of driving whilst disqualified covering the period from 16 September to 14 October and one rolled up charge of committing 15 indictable offences whilst on bail between 8 and 14 October.

11 The maximum penalty for the charges of conduct endangering life, theft, burglary, damaging property and obtaining a financial advantage by deception is, in each case, 10 years' imprisonment. For attempted theft and burglary the maximum is five years' imprisonment and for handling stolen goods and arson the maximum term of imprisonment is 15 years. The maximum penalty for possession of a drug of dependence in your circumstances, that is, where it is to be treated as possession for personal use, that is, not for a purpose related to trafficking, is 12 months imprisonment. In respect of the related summary offences, for failure to stop on police direction, six months' imprisonment or 60 penalty units, for committing indictable offence whilst on bail, three months' imprisonment or 30 penalty units and for drive whilst disqualified, two years' imprisonment or 240 penalty units.

12 The maximum penalties are some guide to the seriousness of the offences. Of course the circumstances of the commission of the offences themselves are also important and relevant in assessing the seriousness of each offence as it was committed as opposed to the maximum allowed by Parliament for an offence of that type.

13 In the circumstances of the offending that is before me, it is the charge of reckless conduct endangering life, constituted by your driving on the day of your arrest, that is the most serious charge that you come to be dealt with. The next most serious charge after that in terms of the circumstance of the offending itself is the arson. Although the maximum penalty for handling stolen goods is 15 years, that charge is one of the least significant that you face today.

14 I will deal first with the circumstances of your driving on the day of your arrest, that is, 14 October, because it is, as I say, the most serious of the offences and it is the one that ultimately brought your offending to an end.

15 It would appear that, from about 8 October 2018, you were in Warrnambool and on 14 October, you were driving one of the cars that you had stolen there, a grey Holden sedan. You drove it from Warrnambool to Highton. At about 10.54 in the morning, that car was seen by Highway Patrol members on the Princes Highway somewhere between Swan March Road and the Timboon-Colac Road in Pirron Yallock, west of Colac.

16 Police at that stage estimated the car was travelling at somewhere between 120 and 130 km/h in a 100 km/h zone and was being seen driving dangerously and erratically. A speed detection device was then activated and your speed was measured at 127 km/h.

17 The Highway Patrol police activated the red and blue lights on their car and tried to intercept you. That caused you to increase speed and you were seen to cross double lines and travel on the wrong side of the road, east in the westbound overtaking lane for approximately three kilometres at a speed estimated then to be between 160 and 180 km/h.

18 That would have been bad enough and warranted a significant term of imprisonment, but you kept going. You eventually crossed back to the correct side of the road by the time you were east of Larpent Road, before again veering onto the wrong side of the road and forcing oncoming traffic to brake and move off the road in order to avoid a head-on collision.

19 You were seen again near the Deans Creek Road exit on the Princes Highway just west of Colac. That is a 60 km/h zone and your speed was then noted to be extremely fast. One driver had to take evasive action, going onto the grass on the side of the road to avoid a collision whilst you overtook three or four vehicles.

20 Police lost sight of your car in Colac but it was seen by some road users. It was seen in Calvert Street which is a 50 km/h zone and an estimate was then given that you were driving at somewhere between 80 and 100 km/h. You went straight through an intersection that was governed by a give-way sign at Calvert Street and Gellibrand Street without stopping or even slowing down. You continued to drive at speed in the built-up areas in Colac, eventually stopping and removing the registration plates from the vehicle.

21 You were seen driving again on the Princes Highway, just east of Colac. There were roadworks being done at the time and the highway traffic was restricted to one lane in each direction. Because it was a roadwork zone the speed was limited to 60 km/h.

22 You were seen to overtake vehicles on the right-hand side, so that is on the wrong side of the road, at a fast rate of speed through the roadworks with oncoming vehicles in your path. You weaved back and forth from the correct side of the road to the wrong side of the road again as you attempted to overtake. At one stage you overtook a car in front of you on the left hand side of the road.

23 You then again went out onto the right-hand side of the road, at a fast rate of speed, pulling back into the correct side of the road again in order to avoid a head-on collision with the car coming the other way that was travelling in its correct lane.

24 You were again seen not far out of Colac and just after the Birregurra turn-off, overtaking at a fast rate of speed with oncoming traffic in your path and oncoming traffic having to take evasive action to avoid further collision.

25 Between the Cape Otway Road and Pederville Road, you overtook a number of cars at speed, including again overtaking on the left hand side of vehicles heading in the correct direction, going around a bend and narrowly avoiding collision.

26 Just east of the Cape Otway Road turn-off, you overtook another car on the left hand side, passing so close to it that the driver could feel the shockwave as you went past on the left, squeezing between the car and the wire barrier on the left side of the road. Your speed at that stage was estimated to be between 160 and 200 km/h.

27 Eventually police who were in front of where you were heading, that is, on the Princes Highway in Waurn Ponds between Drayton's Road and the Anglesea Road, deployed stop-sticks on the highway. As a result of that, you drove through the stop-sticks and the front driver's side tyre of the vehicle came right off the rim, but you continued to drive on, on three wheels of your vehicle. You side-swiped a car on the Princes Highway at Waurn Ponds outside the Medical One Clinic. Again, you had been passing on the inner left side. You clipped the side-mirror, did not stop and continued to drive on with police in pursuit.

28 You then drove on into Highton, again on the wrong side of the road into the path of oncoming traffic, forcing oncoming vehicles off the road. You continually overtook vehicles not just by travelling on the wrong side of the road, but by going back onto the left-hand side of the road and passing or overtaking on the inside.

29 You drove the wrong way down Bellevue Avenue, which is a one-way street, and a high pedestrian traffic area near the shops and supermarket. A number of pedestrians gave evidence or made statements detailing how close they were to being hit by you.

30 Ultimately, you dumped the car in Taylors Court in Highton, ran away and let yourself into a house which is where the police K9 unit found you crouching under a table.

31 You were so impaired by drugs at the time of your arrest that it took two days before you were certified to be fit to be interviewed. When interviewed, you told the police that you had seen the Highway Patrol, that you knew they wanted to pull you over, but you just kept going. You said that you knew you had been seen, you knew you were being chased the whole time and estimated your speed to be close to 200 km/h.

32 In talking about the way you drove into oncoming traffic and acknowledging that you had done so plenty of times, you acknowledged that your driving was reckless.

33 You told police you were on bail, that you knew you had breached it and then, apart from acknowledging that the car that you were driving was stolen, you became angry and refused to continue to participate in the interview. You also denied that you had come from Warrnambool, saying that you had not and that you had only been driving from Colac.

34 The earlier charges to which you have pleaded guilty, that is Charges 1 to 57 on the indictment, can be broken into two separate episodes. The first between 13 and 26 September, all occurring in the Geelong area and the second episode between 8 and 14 October, in the Warrnambool area.

35 On those two separate lots of occasions, over about 13 days on the first occasion and six days on the second occasion, you stole or were seen driving 12 stolen cars and you were chased away when attempting to steal a thirteenth.

36 Each of the cars were abandoned after a relatively short time and some of the cars were found burnt out after they had been abandoned.

37 You set fire to one car in the driveway of the house in Warrnambool where it was parked and that is the charge of arson to which you have pleaded guilty. You filled stolen cars with petrol on two occasions, driving away without paying. You broke into eight separate businesses and one home, you attempted to break into another business and you caused damage to property, to cars and to business premises on six occasions.

38 You stole property from 21 cars or business premises and one home, and you were found in possession of items stolen from a number of the stolen cars. You used one of the stolen credit cards to obtain cash. When police executed a search warrant at the home where you were living in late-September 2018, you were found in possession of an amount of methylamphetamine. It is those circumstances that give rise to the other 57 charges on the indictment.

39 Apart from the charge of arson and the charge of reckless conduct endangering life, all the charges relating to your thefts of cars or from cars, the burglaries and the thefts from premises, the use of items stolen from the cars and the theft of petrol, are all matters that normally would have been dealt with in the Magistrates' Court and find their way into this court only because they are connected with that spree of offending and the circumstances that brought you before this court.

40 I have dealt with them in very brief terms in the summary I have given because, although each of them are obviously significant, they are normally matters that would be dealt with summarily and would therefore attract the sort of sentences that would be imposed for them had they been dealt with in the Magistrates' Court.

41 The only charges that need more detailed explanation for the purposes of these sentences are the charges that relate to the arson, that is the setting alight of a car.

42 This was part of a series of acts committed by you on 11 October in the Warrnambool area, in fact in Moolap. You drove a stolen car to the address of the owner of the car that was ultimately set alight in Moolap. You forced entry into his home and rummaged through the home, stealing jewellery, personal documents, make-up and various items and the keys to a Ford Focus sedan.

43 You set fire to the stolen car that you had driven to that home in the driveway of the house in Moolap, completely destroying the Hyundai and clearly imperilling the house that it was parked beside. You stole the silver Ford Focus which had been parked in the driveway using the keys which you had stolen from the house and then, later that same day, parked the Ford Focus not far away in Armstrong Court in Whittington and abandoned it. You were seen walking away from it.

44 As far as the detail of the other charges are concerned, I do not consider for the purposes of sentencing or for the purpose of making my sentencing remarks properly understandable, I need give any more detail, but I will annexe the prosecution summary to these reasons for sentence so that the full detail of that offending is available as part of the record.

45 I have already referred to the fact that you were on a community correction order, imposed on 7 August 2018, which came into effect upon your release from custody at the end of August 2018. Therefore, you were not only on a community correction order at the time of all of this offending, but it had been imposed in respect of like offences to those which come before me today. That is, for charges including reckless conduct endangering life, failing to stop a vehicle on police direction, driving whilst disqualified and car theft, multiple charges of dishonesty including theft from motor vehicles, possession of a drug of dependence, committing indictable offences whilst on bail and contravention of a pre-existing community correction order. You have other prior convictions for like offending in both the Magistrates' Court and the Children’s Court.

46 You have a long criminal history. You were first before a Children’s Court, according to the criminal record that was provided, in March of 2011 when you were only 12 years of age. From then until you became too old to be dealt with in the Children's Court, there are 20 separate court appearances recorded, many for multiple offences and what we would call consolidations (that is consolidation of offences committed at various times and in different circumstances).

47 The matters for which you were dealt with in the Children's Court included dishonesty offences, including burglaries or break-ins, property damage, threat and assault-related charges, property damage and, significantly, charges of reckless conduct endangering serious injury, failure to stop a vehicle on police direction, dangerous driving whilst pursued by police, driving whilst disqualified and arson.

48 You were dealt with on a number of occasions for breaching probation orders, youth supervision orders, youth attendance orders and bail conditions and you have been sentenced to periods of youth detention and sentenced for offences relating to your conduct whilst in youth detention.

49 Since outgrowing the jurisdiction of the Children’s Court, you have been before the Magistrates' Court on two occasions for consolidated pleas for similar offences, the most recent of which I have referred to already.

50 On each of those occasions when you were before the Magistrates' Court, you were sentenced to terms of imprisonment which exceeded, by short periods, the amount of time you had spent on remand and, on each occasion, were followed by community correction orders with a rehabilitative focus, that is, they required you to be under supervision, to participate in offending behaviour programs including specifically, on both occasions, a road trauma awareness course.

51 At your first Magistrates' Court appearance in August 2017, your community correction order was to run for 12 months and included a justice plan. At your second Magistrates’ Court appearance 12 months later, in August 2018, the length of the community correction order was for 18 months and you were also dealt with for breaching that earlier community correction order.

52 This is an appalling history for somebody so young, and it is clear from the extensive involvement in the criminal justice system that none of that so far has had any effect on curbing your behaviour. You have to date shown no preparedness to abide by the laws that govern everybody in this state, to abide by court orders made specifically in respect of you or to refrain from committing criminal offences.

53 It is clear therefore that, subject to considerations personal to you and to the considerations applicable to the encouragement of rehabilitation in young offenders, those matters must be tempered by the need to give weight to just punishment, denunciation, deterrence both general and specific, and to protection of the community.

54 That your conduct needs to be denounced, and the sentence must serve as a deterrent to you and those who consider engaging in such conduct, is so obvious as to barely need articulation.

55 The driving particularly was appalling and disgraceful. You drove with complete disregard for life and the safety of other road users. You were aware that police were in pursuit and, from the answers that you gave in your interview, you were aware of how much you were putting other people at risk during this protracted period of driving.

56 You were substance impaired, so badly so, that you were not fit to be interviewed for two days after arrest and that adds significantly to the dangerousness of the driving. Your history of substance abuse and of appalling driving, particularly when evading police pursuit, makes it very clear that you were aware, on that occasion, how dangerous your driving was and how impaired your judgment could be when you were impaired by meth-amphetamine use.

57 The speeds at which you drove, of up to 200 km/h, the repeated and lengthy periods of driving on the wrong side of the road when there was oncoming traffic, the repeated accounts of evasive action that drivers both on the other side of the road or on your side of the road had to take to avoid collision, all add to the seriousness of the driving and also demonstrate the need for the sternest of denunciation and condemnation.

58 That nobody was killed or seriously injured and you are not before this court facing multiple charges of culpable driving, is clearly not a result of any care or consideration on your part for the rights or welfare of anybody else on the road or on the vicinity.

59 You have shown a flagrant disregard for the rights and safety of others. That deserves the strongest of condemnation and more strongly so because of your history of driving in a like manner and having seen sentenced so often in the past for like offences.

60 Again, so far as the persistent driving whilst disqualified is concerned, committing offences whilst on bail and your persistent refusal to acknowledge the authority of the law of the State or of the courts requires condemnation and a sentence that will act as a deterrent to you and to others like-minded.

61 Your disregard for the property of others, stealing, at times damaging and then abandoning other people's cars or trying to steal other people's cars and possessions, breaking into people's cars and homes and wantonly destroying other people's property, again warrants condemnation in the strongest of terms and a sentence that reflects the need to deter you and others who think that this is behaviour that they can engage in and engage in repeatedly.

62 The sentences must not only denounce this behaviour, behaviour which is anthemic to the rights of everybody in a free and civil society where respect for people as individuals, their safety, their welfare and for their property is an important aspect of a civil society, but also serve as a deterrent to you because you have shown that you have repeatedly engaged in this type of behaviour.

63 What then operates to balance against these powerful sentencing considerations? What are the matters personal to you which might explain or contextualise your behaviour and operate so as to reduce the weight otherwise necessary to give to these important sentencing factors of punishment, denunciation, deterrence and protection of the community? What other matters bear on the assessment of your prospects for rehabilitation and the weight to be given to them in the overall sentence?

64 The first and most obvious of those is your youth. Even now, you are only 20, and were 19 at time of the offending.

65 As the Sentencing Advisory Council noted in its report on young offenders released only last week,[1] different considerations must and should apply when sentencing young offenders and more consideration must be given to encouraging their rehabilitation and putting structures and supports around them to try and stop them from engaging in offending behaviour. In its report, the Sentencing Advisory Council said that, compared to older adults, young adults have more difficulty delaying gratification, considering longer-term consequences and placing their actions in appropriate perspective in real-life situations. This is because they have disproportionate responses to emotional arousal, so that even mild emotion affects their ability to think and make decisions, they have disproportionate increases in risk-taking when peers are present, disproportionate reward sensitivity, so that they respond more strongly to rewards than older adults and perceive social approval as a reward in and of itself. They also have different perceptions of time, so that they perceive time to pass more slowly or see the future as irrelevant which impairs their ability to consider future consequences.

[1]Sentencing Advisory Council, ‘Rethinking Sentencing for Young Adult Offenders’ (3 December 2019).

66 These limitations reduce young adults’ ability to make considered decisions and contribute to offending behaviour. Young adults usually only reach an adult level of cognitive functioning in their mid-20s. Young adults are still forming habits and are not as set in their ways as older adults.

67 Research suggests that supportive approaches such as counselling, mentoring and providing multiple coordinated support services are the most effective ways for adults to resist further offending and these interventions have the greatest effect on the highest risk offenders.

68 You clearly fall within the category of highest-risk offender and much of what was said by the Sentencing Advisory Council in that excerpt that I have quoted, clearly applies to you and explains or contextualise your behaviours.

69 Not only does your youth and your inability to reason as a mature adult impact on the assessment of your moral culpability, but you have also come from a background of significant disadvantage and deprivation.

70 Each of your parents has struggled with their own difficulties. Your mother gave evidence this morning about her struggle with her history of substance abuse, mental illness and now a serious physical condition.

71 You were first removed from her care at the age of nine and, although you were at times in State care, it would appear that you were not provided with the supports that might have turned you away from offending behaviour and that is reflected by the fact that, by the age of 12 and whilst, as I understand it, in the care of the State, you were offending, your education was significantly interrupted and whatever supports were placed around you were insufficient to deter you from engaging in criminal activity.

72 Not surprisingly, given that background and that unpromising start in life and in your teens, you turned early to substance-abuse. Uncontrolled behaviour clearly has been a marker of your adolescence and now your young adulthood.

73 It would appear that from your early teens you were already abusing substances and clearly substance abuse had a significant role in all of this offending, which was either fuelled by it or committed in order to obtain more money for more drugs, and which in itself perpetuated that cycle of uncontrolled offending behaviour.

74 Whilst on one level it can be said, and as I have already noted, you were well aware of the effect of methylamphetamine on you because of your history, the law also makes it very clear that people who, because of significant disadvantage and deprivation in their childhood, turn early to substance abuse are not to be regarded as morally culpable as people who take on substance abuse when they are mature adults and are better able, because they have not suffered disadvantage and deprivation, to moderate and regulate their own behaviour.

75 Having said that, you must take responsibility for your own behaviour. You have done that to some extent by the early pleas of guilty to the charges that I now come to deal with you for.

76 I am told that, for the considerable period you have been in custody since being charged with these offences, you have been substance-free and that you have sought to engage with counselling and also with educational or vocational courses that are often available to those on remand.

77 It is to be hoped that you will take advantage of the opportunities that have been afforded to you and will be afforded to you to improve the impoverished education that you have had, engage with counselling so as to learn to take responsibility for your behaviour and to deal with the adversities that life will continue to deal up to you, as it will to everybody, by doing things other than engaging in criminal, destructive and drug-abusing behaviour.

78 Although your background is one of disadvantage and deprivation, you have and appreciate the love and support of both of your biological parents. Your mother, as I said, was here at court today and she gave evidence in support of you. She says that she feels responsible for the disadvantage, or some of it, that you have suffered. You have not had the advantages that one would hope many children have but everybody must take responsibility and be accountable for their actions and you cannot blame your past or blame your mother. It is up to you and help is available to you if you want to avail yourself of it.

79 Your father wrote a very moving letter of support too. He is in full employment and he wants to offer you support and encouragement. He offers you a home upon your release and assistance in finding employment through the contacts he has. Both your mother and father speak of the good in you, the sort of person you are and can be, apart from the offending behaviour, and help present a picture of a whole person, not just the offender whose behaviour was described so graphically in the prosecution summary.

80 The whole person is clearly somebody who has got hope, who is worthy of redemption and certainly worthy of further chances but you must take responsibility and start doing things yourself.

81 You are fortunate as many people who have suffered the disadvantage and deprivation that you have do not have loving parents who are still available to them, offering them love and support and telling them that they are good people who have got good in them and who can live a better, happier and more fulfilling life.

82 You speak of wanting to lead a more normal life, a happy and fulfilling life and, after you have served your sentence, I hope that you will be able to do that and to show that you can do that in the community as well as in custody.

83 You have been in custody for 14 months. That should have given you significant opportunity to detoxify and to remain substance-free and to have an experience that perhaps you have not had before, that is an understanding of what it is like to live a normal life without substances in your body, waking up, having something to do every day that is meaningful, that teaches you skills, that gives you pleasure because you are doing something meaningful and worthwhile and, although in an institution, living somewhere where you have got structure and support around you, a safe place to sleep every night, meals and the ability to engage with counselling and to learn vocational skills.

84 So the combination of the family support offered to you upon release, the offer of employment being available to you and the opportunity to use this time to reflect, to learn skills, to engage with counselling and to detoxify, are matters I take into account as positive factors.

85 Although you have not taken advantage of those opportunities in the past and although you have not been able to abide by court orders in the past, it is to be hoped that as you mature and as you can reflect more on appreciating the good things that are available to you, you will be able to see the worth in yourself and see the benefits of living a life that does not involve methylamphetamine, stealing cars, driving in a way that is likely to kill you or somebody else and all of the other anti-social and criminal behaviour you have engaged in to date.

86 I have already noted that you have pleaded guilty, you did so early and that clearly must be taken into account both in terms of its utilitarian value and as some evidence of an acknowledgement by you of responsibility for your behaviour and, in that sense, an expression of remorse.

87 You have got those things going for you and the psychologist, Mr McKinnon, who assessed you, was of the view, despite what appears to have been an assessment in the past that you may suffer from an intellectual disability, that you are of normal intelligence and therefore capable of learning and acquiring skills and being able to live a fulfilling life in the community.

88 Despite all those matters, I consider your prospects for rehabilitation must at best be considered to be guarded, but I consider that is appropriate to structure the sentence so as to give the opportunity, with support and structure around you, to be able to fulfil your potential for living a normal life, a life in the community where you can engage in proper paid work and where you can live a life where you have joy that comes from things other than substance-abuse.

89 Whilst I am not prepared to act on the assessment of Mr McKinnon that there is any causal connection between any diagnosis of post-traumatic stress disorder and your offending, I take into account, as part of the overall sentencing framework in which I deal with you, the significant disadvantage and deprivation that you have suffered in your youth and childhood, what that means in terms of your overall development and as an explanation for why you found yourself in the position you do today and why you have offended as you have in the past. So whilst I do not consider your moral culpability is reduced by reason of any mental illness or impairment, I do consider the significant disadvantages you have faced to be factors that, consistently with authorities such as Bugmy[2] and Marrah,[3] must be taken into account to reduce the sentence otherwise available. Because of your background of significant disadvantage, you are not somebody who should be made an example of, so general deterrence or the weight to be given to it is significantly reduced by reason of that.

[2]Bugmy v R (2013) 249 CLR 571.

[3]R v Marrah [2014] VSCA 119.

90 Despite my assessment of your prospects for rehabilitation, I do hope that the way you have expressed yourself in the evidence that you gave before me today and in the letter that you have written, shows that you are starting to develop real concern for people other than yourself and your immediate or short-term gain and that you will continue to mature, to develop pro-social attitudes and to take advantage of the opportunities that are offered to you. This will allow you to maximise your prospect, once you have finished this sentence, of returning to the community without the prospect of having to go back to prison again. You are certainly young enough to hold out real hope for the future. You are well short of that revolving door and there is a real prospect of your being able to turn your life around as you mature.

91 I do not consider that the time that you have already served is sufficient to mark the seriousness of the overall offending and the sentence that I impose therefore will require you to serve a further period of imprisonment. I do, however, consider that there should be a significant gap between the head sentence and the non-parole period so as to give you the maximum opportunity, to show the authorities that you are worthy, at the time of your earliest release date or before, of being given the opportunity of supported release on parole. I strongly urge the Corrections authorities not only to consider your release on parole so that you have proper supported structures around you upon your release into the community, but that they also make available to you courses which will assist you to demonstrate your eligibility for parole so that you are supported both in custody and upon your release. I have left, having regard to your youth and those matters, a very significant gap between the head sentence and the non-parole period to encourage that to happen and to provide you with encouragement to work towards early release on parole.

92 I have structured the sentence in this way. I am making the sentence on Charge 58, the charge of conduct endangering life, the base sentence. The next most serious sentence in my view is the charge of arson in relation to the setting alight of the car in the driveway of the house and I have ordered part of that sentence to be served cumulatively upon the sentence in respect of the conduct endangering.

93 So far as the other charges are concerned, it becomes somewhat arbitrary, given the number of charges, but what I have done is imposed the same sentence in respect of each of the charges for the car thefts and made the sentence on the first on those, cumulative upon the base sentence and the other partial cumulation orders.

94 I have done the same in relation to the property thefts, except for the petrol thefts. I have imposed the same sentence in respect of all property thefts and made the sentence on the first of those cumulative to reflect the overall nature of the property thefts.

95 The sentence for the petrol thefts is lower, as is the sentence for the obtaining by deception, which was the use of a credit card for a small cash advance.

96 The sentence on the charge of handling stolen goods is more than the sentence for the property thefts because it is a rolled up charge, reflecting property obtained from a number of people and there is no additional cumulation in respect of that charge, or the charges for the petrol theft, the obtaining by deception or the possession of a drug of dependence.

97 I have done the same in relation to the burglaries as I have done in relation to the car thefts and the thefts, that is, the same sentence in respect of every burglary and the sentence on the first of those burglary charges is cumulative.

98 To reflect the burglaries overall, I have imposed no additional cumulation in respect of the charge of attempted burglary, just as there is no additional cumulation in respect of the charge of attempted car theft. The sentence for those charges are less than the sentences for the completed offences, to reflect the distinction Parliament draws in the sentence for those. And on the charges of damage to property, again, although the amount of damage has varied, again, I have imposed the same sentence in respect of each property damage charge and the sentence on the first of those is to be served cumulatively upon the others. So far as the related summary offences are concerned, there is again partial cumulation in respect of the driving whilst disqualified to reflect the number of drive whilst disqualified charges and cumulation in respect of both the failure to stop on police direction, which was in respect of different offending, and on the commission of offences whilst on bail.

99 I am explaining that structure now because it may otherwise be a little bit difficult to follow each charge one-by-one, but I now propose to formally pass sentence. So could you now please stand.

100 Jackson Haberman, on the 58 charges on the indictment to which you have pleaded guilty and the three related summary offences to which you have pleaded guilty, you are convicted and sentenced as follows:

101 On Charge 1, of theft of a car, six months’ imprisonment.

102 Charge 2, theft of a car, six months' imprisonment.

103 Charge 3, theft of petrol, one month imprisonment.

104 Charge 4, burglary, six months’ imprisonment.

105 Charge 5, burglary, six months' imprisonment.

106 Charge 6, theft from the premises, three months’ imprisonment.

107 Charge 7, burglary, six months' imprisonment.

108 Charge 8, theft, related to Charge 7, three months’ imprisonment.

109 Charge 9, burglary, six months' imprisonment.

110 Charge 10, damaging property, three months' imprisonment.

111 Charge 11, damaging property, three months' imprisonment.

112 Charge 12, damaging property, three months' imprisonment.

113 Charge 13, burglary, six months’ imprisonment.

114 Charge 14, theft related to Charge 13, three months’ imprisonment.

115 Charge 15, burglary, six months' imprisonment.

116 Charge 16, burglary, six months' imprisonment.

117 Charge 17, theft related to Charge 16, three months’ imprisonment.

118 Charge 18, attempted burglary, three months’ imprisonment.

119 Charge 19, damaging property, three months’ imprisonment.

120 Charge 20, vehicle theft, six months' imprisonment.

121 Charge 21, theft from a vehicle, three months' imprisonment.

122 Charge 22, obtaining a financial advantage by deception, that is the use of the bank card for phone credit, one month imprisonment.

123 Charge 23, handling stolen goods, six months' imprisonment.

124 Charge 24, possession of a drug of dependence, one month imprisonment.

125 Charge 25, theft of a vehicle, six months’ imprisonment.

126 Charge 26, theft from a vehicle, three months' imprisonment.

127 Charge 27, theft from a vehicle, three months’ imprisonment.

128 Charge 28, theft from a vehicle, three months' imprisonment.

129 Charge 29, theft from a vehicle, three months’ imprisonment.

130 Charge 30, theft from a vehicle, three months' imprisonment.

131 Charge 31, theft from a vehicle, three months' imprisonment.

132 Charge 32, theft of a vehicle, six months' imprisonment.

133 Charge 33, theft of petrol, one month imprisonment.

134 Charge 34, theft of a vehicle, six months’ imprisonment.

135 Charge 35, burglary, six months’ imprisonment.

136 Charge 36, theft, three months' imprisonment.

137 Charge 37, arson, 18 months' imprisonment.

138 Charge 38, theft, six months' imprisonment.

139 The arson is in relation to the setting fire to the Hyundai and Charges 35, 36 and 38 are charges relating to the Moolap home.

140 Charge 39, theft of a vehicle, six months’ imprisonment. That is the car from the Deakin car park.

141 Charge 40, theft of a vehicle, six months’ imprisonment.

142 Charge 41, burglary from the Dennington Bowls Club, six months' imprisonment.

143 Charge 42, theft of a vehicle, six months’ imprisonment.

144 Charge 43, attempted theft of a vehicle, three months’ imprisonment.

145 Charge 44, theft from a vehicle, three months’ imprisonment.

146 Charge 45, theft from a vehicle, that is the nail guns and everything from the Hilux ute, three months’ imprisonment.

147 Charge 46, theft from two vehicles, three months' imprisonment.

148 Charge 47, theft from a vehicle, three months’ imprisonment.

149 Charge 48, theft from a vehicle, three months’ imprisonment.

150 Charge 49, damaging property, three months' imprisonment.

151 Charge 50, theft from a vehicle, three months’ imprisonment.

152 Charge 51, theft from a vehicle, three months' imprisonment.

153 Charge 52, theft from a vehicle, three months' imprisonment.

154 Charge 53, theft from a vehicle, three months' imprisonment.

155 Charge 54, theft from a vehicle, three months' imprisonment.

156 Charge 55, theft of a vehicle, that is the green Holden Commodore that was later set on fire, six months' imprisonment.

157 Charge 56, theft of a vehicle, six months' imprisonment.

158 Charge 57, damage property, three months' imprisonment.

159 Charge 58, conduct endangering life, three years' imprisonment.

160 Related Summary Offence 20, fail to stop vehicle on police direction, one month imprisonment.

161 Related Summary Offence 51, the rolled up charge or the between dates charge of drive whilst disqualified, 12 months' imprisonment.

162 Related Summary Offence 52, commit indictable offences whilst on bail, one month imprisonment.

163 The sentence on Charge 58 of three years is the base sentence. Six months, the whole of the sentence on Charge 1, six months, the whole of the sentence on Charge 4, three months, the whole of the sentence on Charge 6, three months, the whole of the sentence on Charge 10, nine months of the sentence on Charge 37, one month, the whole of the sentence on Related Summary Offence 20, three months of the sentence on Related Summary Offence 51 for the drive whilst disqualified and the whole of the sentence on Related Summary Offence 52, are to be served cumulatively upon each other and upon the base sentence.

164 That makes a total effective sentence of five years and eight months' imprisonment and I fix the period of three years and two months as the period to be served before being eligible for parole.

165 I declare that 424 days have been spent as pre-sentence detention and direct that they be counted and reckoned as part of the sentence already declared. I declare pursuant to s 6AAA of the Sentencing Act that, but for your pleas of guilty, I would have sentenced you to be imprisonment to a term of eight years and fixed a minimum of five years as the period you must serve before being eligible for parole.

166 Having regard to the background and nature of the driving, I declare that all licences held by you are cancelled and you are disqualified from holding a licence for a period of 10 years.

167 I make the forfeiture order in respect of the drugs.

168 Have you had a chance to do the arithmetic?

169 MS HARPER: Briefly, your Honour, yes. The licence disqualification was on the summary charge. I have located s 28 the Road Safety Act which provides that - - -

170 HER HONOUR: No, I meant it to be on Charge 58.

171 MS HARPER: Charge 58. In that case, it is not mandatory, your Honour.

172 HER HONOUR: Yes.

173 MS HARPER: Thank you.

174 HER HONOUR: It is on 58 but having regard to the history of drive whilst disqualified, it is that period.

175 MS HARPER: Thank you your Honour.

176 HER HONOUR: Mr Anger, have you checked the arithmetic?

177 MR ANGER: No, I am still working through that, your Honour.

178 HER HONOUR: Okay. It is three years, then six months on Charge 1, six months on Charge 4, three on Charge 6, three on Charge 10, nine on Charge 37, one month on RSO 20, three months on RSO 51, and one month on RSO 52.

179 MS HARPER: That is right, your Honour.

180 MR ANGER: I accept that, your Honour.

181 HER HONOUR: All right. Any further orders that are required to be made?

182 MS HARPER: No, your Honour.

183 HER HONOUR: Thank you. I said I will make a disposal order.

184 MS HARPER: May it please the court.

185 HER HONOUR: Can you remove Mr Haberman please.

- - -

ANNEXURE

IN THE COUNTY COURT OF VICTORIA
AT MELBOURNE

Court Reference: CR-19-02018 Indictment No: J12696985

CRIMINAL JURISDICTION

IN THE MATTER OF Section 182 of the Criminal Procedure Act 2009

Prosecution of JACKSON HABERMAN

Prosecution Opening upon Plea

Date of Document:
Filed on behalf of:
Prepared by:
JOHN CAIN
Solicitor for Public Prosecutions
565 Lonsdale Street
Melbourne Vic 3000

10^th December 2019
Director of Public Prosecutions
Solicitors code: 7539
Reference: Anthony Rooney
Telephone: (03) 9603 7532
File Number: 1806529

BACKGROUND

The accused in this matter is Jackson HABERMAN. He was born on the 21^st February 1999 and is 20 years of age. At the time of the offending he was 19.
At the time of the offending HABERMAN’S car licence was cancelled and he had been disqualified for a period of 30 months pursuant to an order made at the Geelong Magistrates’ Court on 7^th August 2018. Summary charge 51 – drive whilst disqualified (continuing offence)

OFFENDING

Charge 1 – Theft

On the 13th of September 2018, HABERMAN drove a stolen Orange Toyota Corolla with registration 1LF2WN belonging to victim Brittany MASKELL to Louis court Newtown.

Charge 2 - Theft

HABERMAN subsequently stole a Black Subaru SUV registration 1AN5PA, belonging to Jackson ATTWOOD from a Manifold Heights address which is a short distance from Newtown. At approximately 8.14 AM on 13/09/18 HABERMAN sent a photo of the stolen Subaru to Dylan JONES Facebook messenger account.

Charge 3 - Theft

On the 14th of September 2018 at 11.52 PM, the same Black Subaru, driven by HABERMAN was captured on CCTV at the United Service Station in Princes Road Corio. HABERMAN can be seen wearing a black top with a white stripe down the arms. A male co-offender filled up the vehicle with petrol and jumped into the back seat whilst HABERMAN drove away quickly without making any attempt to pay for the fuel.

Charge 4 - Burglary

On the 15th of September 2018 at approximately 03.15 am the same Subaru is seen on CCTV footage in Hitchcock Avenue Barwon Heads. HABERMAN is still wearing the black top with white stripes down the arm and white runners and leaves the vehicle with the same co-offender. They break open the front glass door of a shop called "The Beach House" using metal tools believed to be a jimmy bar. They enter the store and left after a couple of minutes, rummaging around cupboards and draws before they ran out. HABERMAN drove off in the car.

Charge 5 & 6 - Burglary and Theft

Charges 7 & 8 - Burglary and Theft

Charge 9 - Burglary

Approximately 15 minutes later between 3.30 AM and 3.45 AM, the same Subaru is seen on CCTV footage in The Terrace Ocean Grove. HABERMAN is seen on CCTV smashing front doors to three stores before entering to steal items:
i.   Mudge Shoes- Belonging to victim Terry MUDGE - unknown quantity of cash and a number of Adidas slides stolen.
ii.     Ocean Grove Lotto- Belonging to Blair DAWKINS - unknown quantity of cash stolen,
iii.    Ocean Grove Pizza- Belonging to Joseph LISTRO - no property taken from the store.

Charges 10, 11 & 12 – Criminal damage

At Approximately 4.32 AM on 15/09/18, the Subaru is seen on CCTV footage pulling into the South Geelong Train station car park.
The accused and co-offender can be seen on the CCTV footage, wearing the same clothing, smashing front windows to three vehicles attempting to steal items of property, however no items were taken.
i.   Vehicle WAC922 belonging to victim William BLACKWELL
ii.     Vehicle 1FS9HI belonging to victim Kim MCLEAN
iii.    Vehicle YOM958 belonging to victim Andrew GUNNING

Charge 13 & 14 – Burglary and theft

At approximately 5.24 AM on the 15th of September 2018, the same Subaru, being driven by HABERMAN, attended Shannon avenue Geelong West hair dresser belonging to victim Taylor THOMAS called "Unique hair by Tay".
HABERMAN smashed the front window with the jimmy bar before entering the premises and stealing cash, along with an eftpos machine.

Charge 15 - Burglary

On the 16th of September 2018 at approximately 5.28 AM, the accused drove the stolen Subaru to Tower street Portarlington and is captured on CCTV footage wearing the same top, head covering and shoes from 15/09/18, breaking into the United Petrol Service station. The accused smashed the front window of the shop with a jemmy bar to gain entry, before he rummaged through cabinets and draws. The accused did not steal anything from the store.

Charge 16 & 17 – Burglary and Theft

On the 16th of September 2018 the accused drove the stolen Subaru to Wildings Pantry Essentials in Murradoc Road St Leonards, belonging to victim Anna WILDING. The accused smashed the front window of the premises before entering and stealing the tip jar containing approximately $40 cash, and taking 1 Samsung laptop, and one HP computer tablet.

Charge 18 & 19 – Attempted Burglary and Damaging Property

On the 16th of September 2018 while still in Murradoc Road St Leonards, the accused also attempted to gain entry to the St Leonards Pizza Shop belonging to Steven WALSH by smashing the front window.
A crack to the glass was achieved but the accused did not gain entry the premises.
On the 22nd of September 2018 a vehicle AJB206, belonging to victim Kelly MOSSOP was broken into. An LG Mobile Phone belonging to Kelly's father Greg MOSSOP, and a mobile scanning device were stolen.
The LG Mobile phone device was recovered on the 26th of September in the accused's possession, the accused had been using the mobile phone as his own, with Facebook and Snapchat accounts in his name installed on the device.

Charge 20 & Charge 21 - Theft

On the 24th of September 2018, in Bell View Ave Highton the accused is seen on CCTV footage driving a stolen Blue Mazda 3 sedan 1IN6PD belonging to victim Rachel CLARK.
The accused parked the stolen vehicle, and then broke into another vehicle in the car park 1NU3JS belonging to Lovepreet SINGH, he stole the victim’s wallet containing cash and assorted cards and identification.
The property belonging to Lovepreet SINGH was recovered when the accused was arrested on 26/09/18.
The accused was also identified via fingerprints located on the stolen vehicle 1IN6PD after the vehicle was forensically examined on the 27th of September 2018.

Charge 22 - Obtaining financial advantage by deception

Charge 23 – Handling stolen goods

On the 26th of September 2018, a 465 search warrant was executed at 1/47 Ontario Ave Corio, where HABERMAN was located and arrested inside.
Seized inside the address were:
i.   Personal cards in the name of Laurie BRIDESON and Sharon NOONAN.
ii.     LG Mobile Phone belonging to Victim Greg MOSSOP
iii.    5 motor vehicle keys belonging to stolen vehicles.
iv.   Personal cards in the name of Lovepreet SINGH
Victim Laurie BRIDESON and Sharon NOONAN had their wallets taken from BRIDESONS vehicle 1LW5DL, a Blue Holden Commodore while it was parked outside Belmont Kmart between 0200 hours and 0730 hours 26/09/18. BRIDESON's bank card was used to make an unauthorised purchase of $20.00 phone credit at approximately 8.00 AM on 26/09/18.

Charge 24 – Possession of a drug of dependence

At the premises HABERMAN was searched by Senior Constable Adam BARNES, where a small clear bag containing methyl-amphetamine was located hidden down his pants in a small case, along with assorted cards belonging to different people.
On the 26th of September the accused was bailed by a bail justice to appear at Geelong Magistrates court on the 25th of October 2018.
The bail conditions included were:
i.   To report to the Geelong Police station Monday, Wednesday and Fridays
ii.     To reside at 1/1 Pitman Ave Newcomb
iii.    To be at that residence between 9 PM and 7 AM every day.

Summary charge 52 – Commit indictable offence whilst on bail (Continuing offence)

Charge 25 - Theft

On the 8th of October 2018 at approximately 7.17 AM, the accused is captured on CCTV travelling in a silver station wagon with no registration plates in Garden Street South Geelong. The accused was then observed by witness Angela HUDSON exit the Silver Commodore and enter a White Ute ZZN482 parked on Garden Street South Geelong and drive off in the vehicle at a fast rate of speed. Vehicle ZZN482 was subsequently reported as stolen by the owner of the vehicle Benj BINKS.

Charge 26 - Theft

On the 8th of October 2018, the accused at Lonsdale Street South Geelong, broke into vehicle 1DA4ZL belonging to victim Sarah PENTELOW. He stole a wallet containing approximately $15 in coins and a bank card.
At approximately 8.48 AM The accused used the victims Bank card to make a purchase for $49.90 at an unknown location. The victim was notified via text message about this purchase on her mobile phone.
Later that day, the bank card was used at North Geelong Bunnings, where the accused can be seen on CCTV footage purchasing spray paint and a small lockable safe with the Sarah PENTELOW's bank card to a total value of $88.60.

Charges 27, 28, 29, 30 & 31 - Theft

On the 8th of October 2018, in Creamery Road Bell Post Hill the accused broke into 5 motor vehicles:
i.   Vehicle 1DN4CK belonging to Rebekah SHURLEY, smashed front window, coins of unknown value taken.
ii.     Vehicle ZDO334 belonging to Hayley SMITH, smashed front window, coins of unknown value taken.
iii.    Vehicle 1IG1NY belonging to Brendan PELL, smashed front window, coins of unknown value taken.
iv.   Vehicle UUV880 belonging to Cheryl LANSDOWN, smashed front window, handbag and pensioner card in the name of Cheryl LANSDOWN stolen.
v.     Vehicle AMH014 belonging to Samuel HICKS, smashed front window, black wallet containing NIB bank card, and myki card along with $20 in lose change.

Charge 32 - Theft

Between the 8th of October 2018 and the 9th of October 2018, the accused dumped the stolen white ute ZZN482, after spray painting it purple outside 54 Paratone Cres St Albans Park.
Approximately 50 metres away from where vehicle ZZN482 was dumped, the accused stole a Blue Holden Ute registration 1IW2SJ belonging to victim Paul O'CONNOR from Tresco Ct St Albans Park.
On the 10th of October 2018, the accused was captured on CCTV footage at the North Geelong McDonald's car park with the Blue Holden Ute 1IW2SJ.

Charge 33 - Theft

Later that evening at 9.20 PM on the 10th of October 2018, the accused was captured on CCTV footage with the blue stolen ute 1IW2SJ at APCO service station east Geelong where he filled the vehicle up with $35 worth of petrol and drove away from the store without making any attempt to pay.
Vehicle 1IW2SJ was recovered on Sparks road in Norlane on Thursday the 11th of October 2018.
Recovered from inside the vehicle was stolen property, Cheryl LANSDOWN's pensioner card, taken from the series of theft from motor vehicles in Bell Post Hill on the 8th of October.

Charge 34 - Theft

Between 9.30 PM on the 10th of October 2018 and 6:30am on the 11th of October 2018 the accused attended at Proton Court Whittington and stole motor vehicle SDJ293, a Hyundai Elantra Sedan belonging to victim Michael MUGGIE, which was parked in the driveway.

Charge 35 - Burglary

Charge 36 - Theft

Charge 37 - Arson

Charge 38 - Theft

On the 11th of October 2018 at approximately 7:25am the accused drove stolen vehicle SDJ293 to the home address of victim Neil CAMERON in Whitehorse Road, Moolap and parked the Hyundai in the driveway. The accused forced entry to the front door of the house on the property, entered the front master bedroom and rummaged through all the drawers stealing jewellery, personal documents, make-up and miscellaneous items.
The accused stole the keys to the Neil CAMERONS 2007 Ford Focus Sedan registered WCU713.
The accused set fire to the stolen Hyundai SDJ293 parked in the driveway, completely destroying it.
The accused then stole the silver Ford Focus WCU713 from the driveway.
At approximately 12:00pm later that same day, the accused parked the stolen Ford Focus in Armstrong Court, Whittington. The accused is captured on CCTV exiting the driver’s seat and walking away from the vehicle. The vehicle was located by Police at around 1:00pm.
Police recovered inside the vehicle a Hyundai key for vehicle SDJ293 and property items and personal documents belonging to 3 victims:
i.   Set of keys in the name of Neil Cameron
ii.     Brown Wallet containing health care card in the name of Sarah PENTELOW
iii.    Black wallet Containing NIB card and Myki card in the name of Samuel HICKS

Charge 39 - Theft

On the 12th of October 2018 the accused travelled from Geelong to Warrnambool via train, with co-accused Shane LAMB.
The accused got off the train at the Deakin University campus at approximately 10.45 PM. Broke into a Toyota Rav 4 parked in the Deakin university car park, removed the ignition barrel before driving off in the vehicle with registration TJR640 belong to victim Julie MONDON.
This vehicle was dumped a short time later and set on fire at the Warrnambool Sales yards at approximately 12.30 AM on 13th of October 2018.

Charge 40 - Theft

Charge 41 – Burglary

Summary charge 20 – Fail to stop

A short time later on 13/10/18 vehicle ULP883 a Silver Ford Ute belonging to victim Braden FISHER, was taken from Hopetoun Road Warrnambool.
At approximately 2.30 AM on 13/10/2018 the vehicle was used in a burglary at the Dennington Bowels club where the front door was smashed. Two male offenders believed to be the accused and co-accused wearing hooded jumpers were disturbed by SGT James VAN ENGELEN, he yelled at them to "stop" they were observed running to vehicle ULP883 and drove off. SGT VAN ENGELEN attempted to intercept the vehicle by putting on its lights and sirens, however they refused and continued to drive away, failing to stop on request by Police. A shoe impression was left at the scene, which match the accused's shoes he was wearing when he was arrested. This vehicle was then recovered on 14/10/18 parked outside 94 Laverock Road Warrnambool.

Charge 42 - Theft

Also in the early hours of the 13th of October 2018 a Red Toyota Hilux registration WCO764 belonging to victim Brendan CLIFFORD was stolen by the accused at Membery way Warrnambool. The vehicle contained approximately $10,000 worth of tools, including a Milwaukie Power saw.
At 7.11 AM on 13/10/18, the accused is seen on CCTV footage at Warrnambool McDonalds drive through, driving the stolen Red Hilux WCO764.

Charge 43 – Attempted theft

At 5.30 AM on 13/10/18, the accused was disturbed by witness Harold WARREN breaking into vehicle 1FY4XC, a Nissan Coupe belonging to victim Jason KERMOND, parked out the front of his address in Boiling Down Road Warrnambool. WARREN confronted the accused telling him he had called the Police, before the accused ran off down the street.

Charge 44 – Theft

Between 5.40 AM and 10.00 AM 13/10/18, Vehicle 1BQ2MW a Toyota Rav 4 Black belonging to Damina WIJEKOON was parked in Raglan Parade Warrnambool. The accused broke into the vehicle by smashing the front window, and jemmy marks located on the drivers side door. The victims wallet was stolen containing $200.00 cash and various bank cards and identification.
At 7.11 AM on 13/10/18, the accused is seen clearly on CCTV footage at Warrnambool McDonalds drive through, driving the stolen Red Hilux WCO764. The accused used Victim WIJEKOONs bank card to make a purchase for $26.70.
The Red Hilux was located dumped on Coughlan's Road Warrnambool at the Sales Yards, with McDonald's wrappers left over and a foot print believed to be of similar likeness to a Nike Air which is of same likeness to the shoes that the accused was arrested wearing.
The Milwaukie power saw was located by Detective Senior Constable Nicholas ROBERTS during a 465 search warrant at Tayah RHYNE's address on the 25th of October 2018, when Co-accused LAMB was arrested inside the address.
Overnight, between the 13th of October 2018 and the 14th of October 2018, the accused committed a further 10 theft From Motor Vehicles.

Charge 45 - Theft

Vehicle UYY581, a White Hilux Ute belonging to victim Jeremy PARKINSON. While parked in Ellerslie Grove Warrnambool, had 2X nail guns, 1X Angle grinder and 1X Power drill removed from the tool box.

Charge 46 – Theft (rolled up)

Vehicle XWI708, a White Toyota Corolla belonging to Jessica SKEWIS and vehicle 8FGX belonging to her partner Antonio SANSEVIERO were parked in Raglan Parade Warrnambool and both vehicles were damaged and rummaged through. A Small amount of coins was stolen from both vehicles.

Charge 47 – Theft

Vehicle SULL13, a Red Ford Sedan belonging to victim Mark SULLIVAN. While parked in Allwood Rise Warrnambool had its rear window smashed and rummaged through and a small amount of coins were stolen by the accused.

Charge 48 – Theft

Vehicle UAN187, a Grey Ford Territory belonging to victim Mark OWEN. While parked in Mickle Cres Warrnambool unlocked, had its door opened and contents of the vehicle rummaged through and thrown on the ground. A small amount of coins were stolen by the accused.
This occurred a short distance from where Vehicle UQN921 was stolen from.

Charge 49 – Criminal damage

Vehicle PFN431, a Green Ford Falcon sedan belonging to victim Adrian BROPHY. While parked in Raglan Parade Warrnambool, had its front window smashed and side mirrors damaged.

Charge 50 – Theft

Vehicle 1DF4RG, a Silver Holden Viva Sedan belonging to victim Peter O'SULLIVAN. While parked in Jukes Road Warrnambool, had its window smashed, and a black wallet containing various forms of identification including a drivers licence, library card and multiple sets of keys belonging to victim O'SULLIVAN.

Charge 51 – Theft

Vehicle AUF509, a Red Holden Sedan belonging to victim Travis ADAMS. While parked in Tower Square Warrnambool, has its window smashed and contents rummaged through and a small amount of coins taken by the accused.

Charge 52 - Theft

Vehicle XQJ164, a Holden Cruze sedan belonging to victim Kate MORGAN. While parked in Raglan Parade Warrnambool, the front window was smashed, $500 cash taken from the glove box, along with an engagement ring and wedding band worth $3,500. Also taken was a pair of women's Nike runners worth $100.

Charge 53 – Theft

On the 14th of October 2018, the accused broke into vehicle AKU573 belonging to victim Lisa WOOD in the Warnambool K-mart car park in Raglan Parade. The front passenger window was smashed and the car ransacked, believe to be an unknown quantity of coins taken.

Charge 54 and charge 55 – Theft

On the 14th of October 2018, Victim Jarrod DEUTSCHER drove his vehicle, a Green Holden Commodore with registration UTZ091 to his brother Darren DEUTSCHERS address in Raglan Parade Warrnambool.
Jarrod and Darren then drove Darren's vehicle to go finishing at the pier near Bromfield street Warrnambool.
They spent approximately two and a half hours finishing between the hours of 7.00 am and 8.15 AM.
When they returned to Darren's vehicle his front window was smashed, Darren's mobile phone and personal documents in his name were gone, along with Jarrod's car keys to vehicle UTZ091.
Darren rang his wife, who informed him that the Green Holden Commodore UTZ091 was gone.
This Green Holden commodore was located at 8.30 am dumped and set on fire at Briars Lane Warrnambool, the vehicle was completely destroyed.
Property Belonging to Jarrod and Darren DEUTSCHER was recovered in Geelong on 14/10/18 when the accused was arrested.

Charge 56 - Theft

Between 13/10/18 and 14/10/18 vehicle WQF152 a Dark Grey Holden Sedan belonging to victim Nadia BROWN was taken by the accused in Nelson Street Warrnambool.

Charge 57 – Criminal damage (rolled up charge)

At approximately 7.30 am, Vehicle 1KS8LQ, a White Holden Station Wagon and vehicle 1IB6AK, a white Subaru sedan both belonging to victim Shaun KNELL was broken into by the accused. while parked in Raglan Parade Warrnambool, 1KS8LQ had its window smashed. Vehicle 1IB6AK had its contents rummaged through. The victim was woken by his car alarm going off, he then disturbed two males wearing dark hoods inside his vehicles. They ran away and drove off in a Silver Holden Commodore sedan.

Charge 58 – Conduct endangering life

On the 14th of October 2018, the accused drove the stolen vehicle, grey Holden Sedan WQF152 belonging to victim Nadia BROWN from Warrnambool to Highton in Geelong.
At approximately 10.54 AM, vehicle WQF152 was observed by Highway patrol members Acting Sergeant Jamie KAHLE and Leading Senior Constable Gregory HAGART on the Princess Highway between Swan Marsh Road and Timboon-Colac Road Pirron Yallock.
Acting Sergeant KAHLE estimated the vehicle travelling between 120 and 130 KM/H in a 100 KM/H zone, driving dangerously and erratically.
A/SGT KAHLE then used a Dual DSR Speed detector (MR357s) in moving mode to measure the speed of the vehicle at 127KM/H.
A/SGT KAHLE activated the red and blue lights on the Highway Patrol vehicle and attempted to intercept. The vehicle increased its speed and was observed driving over double lines, onto the wrong side of the road traveling east in the west bound overtaking lane for approximately 3 kilometres at an estimated speed between 160 and 180 KM/H.
The vehicle was observed driving back onto the correct side of the road, east of Larpent Road before forcing oncoming traffic to brake and move off the road to avoid a head on collision. The Highway patrol members were able to establish the registration number of WQF152, this part of the incident was captured on CCTV footage from the Highway Patrol Vehicle.
Witness John WILLIAMS observed the vehicle near the Deens Creek Road Exit on the Princes Highway just west of Colac, in a 60 KM/H Zone travelling at an extremely fast rate of speed.
WILLIAMS took evasive action in his vehicle, onto the grass on the side of the road to avoid a collision, while the accused overtook 3 or 4 vehicles.
The vehicle was lost sight off by Police in Colac. It was observed by witness Angela CURRIE.
Angela CURRIE observed the vehicle in Calvert Street Colac which is a 50 KM/H zone.
CURRIE estimated the vehicle drove passed between 80-100 km/h and drove straight through an intersection displaying a "give way" sign at Calvert Street and Gellibrand street Colac without stopping or slowing down.
The accused drove the vehicle at speed in built up areas before stopping to take the registration plates off the vehicle.
Witness Elizabeth CHAPMAN will give evidence of travelling on the Princess Highway, just east of Colac. In an area of road works, with one lane going in each direction. She observed the stolen vehicle overtake on the right hand side at a fast rate of speed through the road works, with an oncoming vehicle. The accused weaved back in front and then overtook another vehicle on the left hand side in front of CHAPMAN.
Witness Lisa CLARKE observed the vehicle on the Princess Highway just east of the Birregurra exit. At the time this area was a 60 KM/H zone due to road works. While observing oncoming traffic travelling towards her, CLARKE will give evidence that the vehicle driven by the accused over took on the right hand side at a fast rate of speed, and pulled in front of her to avoid a head on collision.
Witness Kylie ROBERTS, a Detective Senior Constable from the Geelong Crime Investigation Unit, who was off duty at the time of this incident, will give evidence of observing the stolen vehicle on the Princess Highway, approximately 5 Kilometres out of Colac after the Birregurra turn off. she observed the vehicle overtaking vehicles at a fast rate of speed, with oncoming traffic, and taking evasive action to avoid a collision.
Lisa CLARKE gives further evidence that between Cape Otway road and Pettavel Road, the same vehicle, without number plates, overtook her car a second time at speed. She then observed the vehicle overtake another car on its left hand side around a bend in the road, narrowly avoiding a collision.
Witness Benjamin WAWN will give evidence of observing the stolen vehicle driving on the Princess Highway, just east of the cape Otway Road turn off. WAWN states the stolen vehicle overtook his vehicle on his left-hand side within centimetres of his vehicle, squeezing between WAWNs car, and the wire barrier on the side of the road. WAWN estimated the vehicle travelling between 160 and 200 KM/H and describes it as a shock wave as it went passed, narrowly avoiding a Collison.
The remainder of this incident was captured on CCTV footage from the Police airing unit from approximately 1115 Princes Highway Mount Moriac.
On the Princess Highway Waurn Ponds in Between Drayton's Road and Anglesea Road stop sticks were deployed by Highway Patrol unit Senior Constable Adam CLAY and Constable Christian ORNELLS.
At the intersection of Colac Highway and Pigdens road Waurn Ponds the front drivers side tire of the vehicle came off the rim, and was located and photographed by Police after the incident. The accused continued to drive on three wheels.
The accused side swiped a vehicle on the Princes Highway Waurn Ponds outside the "Medical One clinic".
Victim Austin SUTTERBY was driving his black Mitsubishi Triton registration 1KE2RU, with his girlfriend Chloe RENDEVSKY in the front passenger seat. The accused over took the victims vehicle at speed on the left hand side, side swiping and clipping the left side mirror. The accused did not stop, and continued to drive being pursued by Police. This incident can be viewed on the Airing CCTV footage.
The accused continued driving erratically into Highton, travelling on the wrong side of the road with oncoming traffic, forcing other vehicles off the road. Continually undertaking vehicles on the left hand side. Driving the wrong way, down a one way street Belleview Avenue. This is a highly frequented area for pedestrians, at the Highton shops and super market, placing numerous members of the publics safety at risk. Witnesses Magdalena SIKORA-WALLIS and Angela SHRIMPTON have provided statements to Police detailing witnessing the dangerous driving in Highton, narrowly avoiding being hit by the accused.
The vehicle was dumped in Taylor Court Highton. Where the accused then fled on foot, let himself into a house and hid inside under the kitchen table before being located a short time later by the Police K9 unit.
Recovered property located inside vehicle WQF152:
i.   2X registration plates WQF152, removed from the vehicle by the accused in Colac
ii.     RACV card in the name of Mr WIJEKOON MUDIYANSELAGE
iii.    CBA Bank card in the name of Trent HARMAN (relative of Damina WIJEKOON
iv.   Mobile Phone belonging to Darren DEUTSCHER
v.     Holden service book belonging to Jarrod DEUTSCHER
vi.   Keys and Black wallet belonging to Peter OSULLIVAN
vii. Library card in the name of Peter O'SULLIVAN
viii. Paper Work in the name of Hayley ISLES
ix.   GPS Garmin and TomTom devices,
The accused was not fit for interview until the 16th of October 2018 due to being drug affected.
The accused’s response to these allegations was:
i.The accused stated he drove the vehicle back from Colac and insisted he had not gone to Warrnambool
ii." I seen highway patrol, they went to pull me over and I just kept going".
iii."I didn't even go to Warrnambool".
iv.The accused stated the Silver commodore WQF152 was from Camperdown.
v."Obviously I stole it, I told you'se that"
vi.How fast do you think you were going?

"I dunno, almost 200". " To make the chase stop" "I knew I was seen, knew I was getting chased the whole time".
"I'm on bail and I knew I breached it"
ix.The accused stated he was driving "recklessly"
x.When asked what his definition of recklessly was, the accused stated
xi."I dunno, the way I was driving I guess, I dunno, oncoming traffic, whatever."
Did you drive into oncoming traffic?
"Yes plenty of times".
The accused refused to be further interviewed or answer any further questions in relation to the allegations.
"Cancel it or I will, at the wall." "Just cancel the fuckin stupid dog video"
"Wow, youse got me, big deal, hooray for youse, you’ve got a dumb criminal".

INDICTABLE OFFENCES MAXIMUM PENALTIES

The maximum penalty for:

Theft is 10 years imprisonment

Attempted Theft is 5 years imprisonment

Burglary is 10 years imprisonment

Attempted Burglary is 5 years imprisonment

Damaging Property is 10 years imprisonment

Obtaining financial advantage by deception is 10 years imprisonment

Handling stolen goods is 15 years imprisonment

Possession of a drug of dependence is 1 years imprisonment/ 5 years imprisonment

Arson is 15 years imprisonment

Conduct endangering life is 10 years imprisonment

SUMMARY OFFENCES MAXIMUM PENALTIES

The maximum penalty for:

Drive whilst disqualified is 240 Penalty units or imprisonment for 2 years.

Commit indictable offence whilst on bail is 30 penalty units or 3 months imprisonment

Fail to stop is 60 penalty units or 6 months imprisonment.

PRE-SENTENCE DETENTION

The accused was arrested and remanded in custody on the 14^th October 2018.

He has served 424 days pre-sentence detention up to, but excluding, 12^th December 2019.

PRE-SENTENCE DETENTION

The matter resolved as a plea of guilty on 4^th October 2019 at the Magistrates’ Court at Geelong.

ANCILLARY ORDERS

Application will be made for disposal of drugs

______________________________

PLEA PROSECUTOR

[2019] VCC 2147

12 December 2019