Director of Public Prosecutions v Hall

[2021] VCC 1931

IN THE COUNTY COURT OF VICTORIA

 Revised

Not Restricted

 Suitable for Publication

AT MELBOURNE

CRIMINAL JURISDICTION

CR 21-00082

DIRECTOR OF PUBLIC PROSECUTIONS

v

JACK HALL

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JUDGE:	HIS HONOUR JUDGE CHETTLE
WHERE HELD:	Melbourne
DATE OF HEARING:	9 July 2021
DATE OF SENTENCE:	10 November 2021
CASE MAY BE CITED AS:	DPP v Hall
MEDIUM NEUTRAL CITATION:	[2021] VCC 1931

REASONS FOR SENTENCE

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Subject:  Criminal Law Sentence

Catchwords:

Legislation Cited:

Cases Cited:

Sentence:Imprisonment. Total Effective sentence of 5 years and 9 months. 4-year non-parole period. Fine. Forfeiture and Disposal orders.

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms D. Caruso
For the Accused	Ms A. Cannon

HIS HONOUR: 

1Jack Hall, you have pleaded guilty to four charges of theft, two charges of damaging an emergency service vehicle, one charge of aggravated burglary, one charge of conduct endangering persons, two charges of aggravated recklessly exposing an emergency worker to risk by driving, three charges of attempted theft, one charge of being a prohibited person possessing a firearm and one charge of possession of drug of dependence.

2You also pleaded guilty to summary offences that were brought over from the Magistrates' Court:  one charge failing to stop on police request, a charge of driving at a speed dangerous, two charges of drive while disqualified, one charge of possess cartridge ammunition and a rolled-up charge of dealing with proceeds of crime relating to a number of keys.

3The facts of your offending are set out in Exhibit A, the summary of prosecution opening on the plea.  I was informed by your counsel that 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.  I do not propose to canvass the facts.  You heard them read over this morning by the prosecutor.

4You are well aware that what they involve in summary form is over a period of seven days in March 2020 you stole three motor vehicles you rammed three police vehicles, you drove your vehicle at a police officer, you endangered other police officers, you endangered members of the public.  You drove at a high speed, 140 in a 60 zone.  You possessed a home-made 22 handgun and ammunition for that vehicle, and you committed an aggravated burglary. 

5You have admitted an extensive criminal record.  For someone your age it is eye watering:  173 separate offences from 21 appearances and including, significantly, over 30 car thefts, two charges of driving dangerously, excessive speed charges, aggravated burglary prior conviction.  You have been involved in three police pursuits and you have three convictions for reckless conduct endangering life.  It is, as I say, an astonishing record for someone so young.  It clearly shows that you have committed offences similar to the ones that I am to sentence you for on a number of occasions in the past. 

6Turning to your personal history, it is set out in the report of Carla Lechner, psychologist, Exhibit 2 on your plea.  It is also contained in summary form in the submissions of your counsel in Exhibit 1, her plea submissions. 

7Your mother in a letter to the court, Exhibit 3, gives some substance to your background.  You were born in Queensland.  You were the third child in a relationship that was abusive.  Your mother left your father when you were two, really to escape and survive.  Your father died when you were young.

8Your mother outlines how she moved to Geelong, how, when you were young, you were diagnosed with ADHD, and you were treated apparently successfully for medication with help with your behavioural and schooling issues.  When you were nine years of age an uncle of yours passed away, which caused you greats stress and took away from you the one father figure you seemed to have had in your life.  On your 14th birthday you received a Facebook messages from members of your father's family, who were seeking to contact you.  According to your mother, that led you to stop taking your medication, go off the rails, and you found yourself in trouble as evidenced by your criminal record.

9Significantly you started using cannabis at the age of 14.  You started using ice at the age of 15, that is methamphetamine, and by the time you were arrested you were using GHB, about 2 or 3 mils every couple of days.  You also use cocaine, ecstasy, and buprenorphine, which you developed an addiction for when you were last in prison.  You continue to enjoy the support of your mother, your sisters, and your stepsisters, even though you have obviously caused them great stress over the years. 

10Your counsel relied in her submissions on a number of factors.  She pointed to youth; you were only 20 at the time you offended.  As a youthful offender I have got to have hopes for your rehabilitation, although your prior record makes those prospects in my view poor.  I take into account your pleas of guilty.  By pleading guilty  you have spared the community the cost of a criminal trial.  You have also evidenced some remorse on your behalf for your conduct and those pleas of guilty have a greater value to the community in the time of the COVID-19 pandemic.

11The justice system has been struggling because of the pandemic and your pleas have added value because of the facilitation of the course of justice.  I take into account the effect that COVID-19 has had on your time in custody and will continue to have in the future.  You lost visits.  Courses and the like have been cancelled and the rehabilitative aspects of goal are somewhat reduced because of it and your time in custody is more onerous because of the effects of COVID-19.  You had to endure prison lockdowns, restricted visits and unable, for example, to have visits from your mother.

12I take into account the support you have from your mother, to which I have referred, and your extended sisters, and they will provide some assistance to you, it is hoped, when you are finally released. 

13It is clear that your prospects of rehabilitation are poor given your history.  Unless you cease drug abuse and develop maturity you will spend the great portion of your life in custody.  I appreciate that you are at risk of being institutionalised.  You have spent a lot of time in custody, both youth and adult custody, for someone so young and you, yourself, acknowledge that you are at risk of becoming institutionalised.  I propose to impose a term of parole that hopefully will see you supported when you are released into the community. 

14Principles of general deterrence and specific deterrence are significant sentencing factors in this case.  People cannot act like you did.  People who do need be aware that they will receive stern punishment.  You need to be deterred from offending in the same way in the future.  Although you have offended in this way repeatedly in the past, you were dealt with in the Children's Court jurisdiction where some of the penalties imposed apparently had no deterrent effect on you.  Children's Court focus is on rehabilitation.  Unfortunately, in your case it was not successful.

15I also have to regard protection of the community from you as a sentencing factor.  In my view you represent a danger on the roads to the police and to the public.  If you continue to behave in the way you have you will end up killing someone and that will see you in significantly more trouble than you are now.

16Overall, in my view your offending can be described as breathtakingly stupid.  It was dangerous.  Nothing other than a substantial term of imprisonment is appropriate for your offending.

17I have moderated significantly the sentences and the cumulation of sentence to give effect to principles of totality.  I have given you a significant reduction to the sentences I would otherwise impose because of our pleas of guilty and the effects of COVID-19.

18Would you stand up, please.

19On all charges you are convicted. 

20On Charge 1, the charge of theft of the motor vehicle, you are sentenced to 12 months' imprisonment. 

21On Charge 2, the charge of damaging an emergency service vehicle, you are sentenced to six months' imprisonment.

22On Charge 3, the offence of aggravated burglary, you are sentenced to three years' imprisonment, and I declare that sentence to be the base sentence.

23On Charge 4, the motor vehicle theft, you are sentenced to 12 months' imprisonment.

24On Charge 5, the offence of conduct endangering persons, you are sentenced to six months' imprisonment.

25On Charge 6, the charge of damaging an emergency service vehicle, you are sentenced to six months' imprisonment.

26On Charge 7, the aggravated offence of recklessly exposing an emergency worker to risk, you are sentenced to 12 months' imprisonment.

27On Charge 8, another charge of the same nature, you are sentenced to 12 months' imprisonment.

28On Charge 9, the offence of attempted theft, you are sentenced to six months' imprisonment.

29Charge 10 of attempted theft, six months' imprisonment.

30And Charge 11, attempted theft, six months' imprisonment.

31On Charge 12, another theft of a motor vehicle charge, you are sentenced to 12 months' imprisonment.

32On Charge 13, theft of the petrol from Coles Express, you are sentenced to three months' imprisonment.

33On Charge 14, being a prohibited person possessing a firearm, you are sentenced to 12 months' imprisonment.

34On Charge 15, the charge of possessing a drug of dependence, you are fined $500.

35On the summary offences, on Charge 20, the charge of possessing cartridge ammunition, you are fined $400.  On the remaining charges, Charges 10, 11, 12, 40 and 21 to 25, the rolled-up charge, you are sentenced to an aggregate term of imprisonment of nine months.

36I order that three months of the sentences imposed on Charge 1, 4, 5, 6, 12 and 14 and six months of the sentences imposed on Charges 7 and 8 and three months of the aggregate sentence imposed on the summary offences be served cumulatively upon the offence, the sentence imposed on Charge 3 of three years, the base sentence.  That is a total sentence of five years and nine months and I order that you serve four years of that sentence before being eligible for parole.

37I make the following in relation to your licence.  I am obliged to make orders of cancellation and disqualification on some charges and on others it is discretionary.  On Charges 1, 4, 7, 8, 10, 11 and 12 - 1, 4 and 12 are the theft motor vehicle charges, 7 and 8 the aggravated charges and 10 and 11 - I cancel any licence you hold and disqualify you from driving a motor vehicle for five years from today's date.

38Pursuant to s6AAA of the Sentencing Act I indicate that but for your pleas of guilty I would have imposed a term of imprisonment, effective term of eight years with a non-parole period of six. 

39Are there any other orders required, Madam Prosecutor?

40MS CARUSO:  Your Honour, have disposal orders been filed?

41HIS HONOUR:  I have no ‑ ‑ ‑

42MS CARUSO:  If they haven't, I will make sure they are today.  It will be the drugs, the fake firearm, the ammunition. 

43HIS HONOUR:  It's not a fake firearm, is it?  It's a ‑ ‑ ‑

44MS CARUSO:  Not a fake firearm, Your Honour.  I'm conflating cases.  The home-made firearm I mean.

45HIS HONOUR:  Yes.

46MS CARUSO:  The 22.

47HIS HONOUR:  I'll make the forfeiture orders sought by the prosecution.

48MS CARUSO:  Thank you, Your Honour.

49HIS HONOUR:  Anything else?

50ASSOCIATE:  PSD, Your Honour.

51HIS HONOUR:  Yes.  I declare 604 days of the sentence I have just imposed has already been served by way of pre‑sentence detention.  Anything else, counsel?

52COUNSEL:  No, Your Honour.

53HIS HONOUR:  I will adjourn now until 9.30 - till 10 o'clock on Friday.

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