Director of Public Prosecutions v Hall

[2023] VCC 1161

IN THE COUNTY COURT OF VICTORIA

 Revised

Not Restricted

 Suitable for Publication

AT MELBOURNE

CRIMINAL JURISDICTION

CR 22-01089

DIRECTOR OF PUBLIC PROSECUTIONS

v

COREY HALL

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JUDGE:	HIS HONOUR JUDGE CHETTLE
WHERE HELD:	Melbourne
DATE OF HEARING:	21 April 2023
DATE OF SENTENCE:	21 April 2023
CASE MAY BE CITED AS:	DPP v Hall
MEDIUM NEUTRAL CITATION:	[2023] VCC 1161

REASONS FOR SENTENCE

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Subject:  CRIMINAL LAW SENTENCE

Catchwords:  Sentencing – aggravated offence of recklessly exposing emergency worker to risk by driving, drive at speed dangerous, fail PCA and PCD blood 3 hrs of driving vehicle, unlicensed driving, fraudulently use registration label/plate

Legislation Cited: s5(2H) of the Sentencing Act 1991, 6AAA Sentencing Act 1991,

Cases Cited:  

Sentence:Imprisonment – Total Effective Sentence 4 years, non-parole period 2 years and 9 months. Licence cancellation and disqualification for 24 months and 26 months.

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms E. Fargher	Office of Public Prosecutions
For the Accused	Ms J. Clark	Haines & Polites

HIS HONOUR: 

1Corey Hall, you have pleaded guilty to two charges of the aggravated offence of recklessly exposing an emergency worker to the risk of driving, one in respect of Acting Sergeant Paul Storan and one in respect of the other police officer, Wall.  In addition, you have pleaded guilty to four summary offences of speed dangerous, exceeding drug and alcohol in your blood system at the time, unlicensed driving, and fraudulent use of numberplates. 

2The facts of your offending are set out in Exhibit A, the summary of the prosecution opening for plea.  I was informed by your counsel I could treat that document as an agreed statement of fact.  I incorporate it into these reasons for sentence and sentence you on the basis of the facts set out therein. 

3There is no need for me then to extensively and exhaustively repeat the facts.  You heard them read this morning by the learned prosecutor, but in summary form, police observe you driving on 23 December 2021 in a fast rate of speed.  When they started following you, you got into a race with another vehicle and were doing speeds of up to 144 kilometres an hour in an 80-kilometre zone. 

4After a period of time, you even got up to near 160 kilometres per hour.  You made a number of turns and manoeuvres, wove through the traffic and drove at a speed that was dangerous to the traffic that existed at the time. 

5When you were intercepted, you had alcohol and drugs in your system, methamphetamine, and a low-level blood alcohol reading.  You did not have a licence and the car you were driving had fraudulent plates. 

6You stopped at a location in Wheelers Hill to try and turn around and the police car pulled up behind you, you backed into the police car, when the police approached you and tried to open the door and remove you from the car, you drove away imperilling both police officers. 

7Acting Sergeant Storan was at the door of the car, had it open trying to get you out, armed with a pistol, so you are lucky he did not shoot you and he was struck by the door of your motor car.  So, Officer Wall was able to keep out of the way of the car as you drove away and you were ultimately intercepted by police down the road at Jells Park, I think. 

8You have admitted an extensive criminal history.  You have a dreadful history for someone your age in relation to a motor car and it is summarised and accepted to be accurately summarised in the submissions of the prosecution filed in Exhibit C. 

9You have relevant prior convictions.  Although you have no convictions for the aggravated offence of recklessly exposing an emergency worker, you do have other relevant driving priors relating to really very dangerous and conduct endangering and dangerous driving, things of that sort.  You also have priors for use of alcohol. 

10Now, your personal circumstances are set out in the submissions of your counsel, Exhibit 1 filed on your behalf. 

11You are now 27 years of age; you grew up in the Wantirna area. 

12You have a family background that seemed to promote imprisonment.  Your father did a period of time in custody and both your parents had a history of heroin use. 

13You were educated to Year 10 level at Swinburne TAFE, but you have had limited employment since leaving school.  You have worked as a carpenter or worked for a carpenter. 

14You have had one short relationship when you were a young man that leaves you with an 11-year-old son who you hope to develop a relationship with. 

15You have had periods of homelessness over the years and that has usually resulted from the aftermath of you being in and out of custody, as your history reflects. 

16You have used drugs and alcohol, you started using ice when you were 17 years of age, and you were using it regularly about twice a week.  Alcohol you have used for even longer. 

17On the day of the offence, you had been drinking a spirit called 'Absinthe' and you had been using methylamphetamine. 

18You have been in custody now for a substantial period of time.  In addition to the 325 days of pre-sentence detention you have in relation to this matter, you have also served a period of time for other offending which has seen you therefore in custody for a fairly long period of time.  There is an extra 300-odd days on top of the days you have eligible for pre-sentence detention. 

19This represents the longest period of time you have been in custody and the totality of your period in custody is relevant to principles of totality when I come to sentence you for these offences. 

20As I say, I take into account in mitigation of your offending, your pleas of guilty.  By pleading guilty, you have spared the court and the community the cost of a criminal trial, you have spared the witnesses the need to give evidence.  Those pleas of guilty entitle you to a discount to the sentence I would otherwise impose, and that discount is of greater value or a higher value because of the effect COVID‑19 has had upon our justice system.  You have facilitated the course of justice. 

21I take into account the fact that you have served your time in custody during the COVID pandemic and that has had effect on time served in custody. 

22I know that lockdowns and visits and courses have been limited because of the effect of COVID‑19 and I take into account the fact that it is likely to continue to affect the time in custody you have in the future. 

23I accept that you are still relatively immature, but at 27 years of age it is about time you started to grow up and stop behaving in the way you have for the last 10 years.  I take into account, as I say, the periods of (indistinct)you have spent in custody in total. 

24Your prospects of rehabilitation depend entirely it seems to me on your developing maturity and giving up the use of illicit drugs; your prior history leaves me with no confidence however, you have been doing what you can in custody.

25You have completed some course with the ATLAS Remand Program, and I take into account the certificates tendered on your behalf and the letter from ATLAS as Exhibit 2. 

26Overall, I regard your offending in relation to the aggravated offence of recklessly exposing an emergency worker to risk as lower-level examples of that offence.  The maximum penalties for all your offences are set out in the prosecution opening in paragraph 1 and it is clear that the offence, the indictable offences, to which you have pleaded guilty are serious offences. 

27I am obliged to impose a term of imprisonment unless the exceptions that are set out in s5(2H) of the Sentencing Act 1991 exist, and it is common ground that they do not in your case. The question of course is the length of time that you are to be imprisoned.

28The police officers involved, one of them was injured, apparently not seriously.  In the course of carrying out their employment, they are not to be regarded as targets and your behaviour in threatening them cannot be tolerated, you endangered both of them and particularly Officer Storan. 

29The summary offences to which you have pleaded guilty are serious as well.  Your driving in the lead up to the incident with the police was appalling, you put a number of people at risk, you were engaged in racing with somebody else and nothing but a gaol sentence in relation to those offences, given your history, is appropriate as well. 

30Having regard to all those matters, on all charges you are convicted.  On Charge 1 for the offence of aggravated or reckless aggravated offence of recklessly exposing an emergency worker to risk by driving, you are sentenced to be imprisoned for two years and 6 months.

31On Charge 2, the other charge of recklessly exposing an emergency worker to risk, you are sentenced to two years' imprisonment. 

32On the four summary offences, speed dangerous, exceeding drugs and alcohol in your blood, unlicensed driving, and fraudulent numberplates, you are sentenced to an aggregate term of imprisonment of 12 months' imprisonment. 

33I order that one month of the sentence imposed on Charge 2 and six months of the sentences imposed on the related summary offences be served cumulatively upon the sentence imposed on Charge 1 which I declare to be the base sentence. 

34That is an effective term of imprisonment of four years, and I order that you serve two years and 9 months of that sentence before being eligible for parole. 

35I declare that 325 days of the sentence I have just imposed, not including today, has already been served by way of pre-sentence detention. 

36I am required to make orders in relation to your licence. In respect of both Charges 1 and 2, any licence or permit you hold is cancelled and you are disqualified from obtaining such a licence for two years. 

37In relation to the summary offence of speed dangerous, your licence, again, is cancelled and you are disqualified for a period of 12 months and in relation to drugs and alcohol of the summary offence, Charge 12, you are prohibited from obtaining any licence and disqualified for 26 months. 

38Pursuant to s6AAA of the Sentencing Act, I indicate that, but for your pleas of guilty, I would have imposed a total term of imprisonment of 5 and a half years with a non-parole period of four years.  Anything else needed to be ‑ ‑ ‑ any other orders required Ms Fargher?

39MS FARGHER:  No, your Honour.

40HIS HONOUR:  All right, thank you.  Thank you both for your assistance.  I will terminate the link.

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