Director of Public Prosecutions v Harrison

IN THE COUNTY COURT OF VICTORIA

AT MELBOURNE

CRIMINAL DIVISION

Revised
Not Restricted
Suitable for Publication

GENERAL LIST

Case No. CR-19-10893

DIRECTOR OF PUBLIC PROSECUTIONS

v

CORI HARRISON

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JUDGE:	HIS HONOUR JUDGE C RYAN
WHERE HELD:	Melbourne
DATE OF PLEA HEARING:	30 June 2020
DATE OF SENTENCE:	10 July 2020
CASE MAY BE CITED AS:	DPP v Harrison
MEDIUM NEUTRAL CITATION:	[2020] VCC 1025

REASONS FOR SENTENCE
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Subject: CRIMINAL LAW

Catchwords: Aggravated carjacking - reckless conduct endangering persons – handling stolen goods – burglary – aboriginal heritage – general deterrence – specific deterrence – Covid-19 – totality

Legislation Cited: Sentencing Act 1991 (Vic) - Road Safety Act 1986 (Vic)

Sentence: Eight years and five months’ imprisonment, with a period of five years’ imprisonment before you will be eligible for parole - s6AAA of the Sentencing Act 1991: twelve years’ imprisonment with a minimum term of eight years’ imprisonment.

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APPEARANCES:	Counsel	Solicitors
For the DPP	Mr B. Sonnet	Solicitor for the Office of Public Prosecutions
For the Offender	Ms A. Sutherland	Greg Thomas Barrister & Solicitor

HIS HONOUR:

1 Cori Harrison, you came before me on 30 June 2020 and pleaded guilty to an indictment containing 35 charges being:

·Obtaining property by deception, nine charges;
·Theft, 17 charges;
·Handle stolen goods, four charges;
·Burglary, two charges;
·Reckless conduct endangering persons, two charges; and
·Aggravated carjacking, one charge.

2 The charges of reckless conduct endangering persons are rolled-up offences encompassing the entirety of the driving applicable to each charge.

3 In addition, you consented to the hearing of, and pleaded guilty to, nineteen related summary offences, being:

·drive whilst disqualified, seven charges;
·fail to render assistance, one charge;
·fail to stop, four charges;
·fail to provide information, three charges;
·refuse to provide oral fluid sample, one charge;
·deal with property suspected of being proceeds of crime, one charge;
·possess controlled weapon, one charge; and
·fail to stop vehicle upon police direction, one charge.

4 The offending was committed between 27 February 2019 and 1 April 2019.

5 You admitted an extensive prior criminal record.

6 At the time of the commission of the offences, you were serving a Community Correction Order and this is an aggravating feature of your offending.

7 The maximum penalties for the indictable offences are:

·obtain property by deception, 10 years’ imprisonment;
·theft, 10 years’ imprisonment;
·handle stolen goods, 15 years’ imprisonment;
·burglary, 10 years’ imprisonment;
·reckless conduct endangering persons; five years’ imprisonment; and
·aggravated carjacking, 25 years’ imprisonment.

8 The maximum penalties for the related summary offences are:

·drive whilst disqualified, two years’ imprisonment;
·fail to render assistance, 14 days’ imprisonment;
·fail to stop, 14 days’ imprisonment;
·fail to provide information, 14 days’ imprisonment;
·refuse to provide oral fluid sample, 12 penalty units;
·deal with property suspected of being the proceeds of crime, two years’ imprisonment;
·possess controlled weapon, 12 months’ imprisonment; and
·fail to stop vehicle upon police direction, 12 months’ imprisonment.

9 Tendered as Exhibit “A” on the plea and read aloud in Court, was the Summary of Prosecution Opening for Plea. The circumstances of your offending are set out at paragraphs 9 through to 63, both inclusive, in the Crown opening and I annexe those paragraphs to these sentencing remarks. However, I will, in very brief terms, summarise your offending.

10 In the period covered in the Indictment using stolen credit cards, you obtained property of limited value by deception, generally being cigarettes, food and petrol. You also stole petrol by simply driving away from the service stations without paying for petrol which you had placed in the car you were then driving. You stole seven motor vehicles, including the motor vehicle the subject of the charge of aggravated carjacking. In addition, you stole and/or handled registration plates which you used to camouflage the identity of motor vehicles stolen by you.

11 On 1 April 2019, you committed two burglaries on residential premises and stole a substantial amount of property on each occasion. You also engaged in a police pursuit. That founds the two charges of reckless conduct endangering persons. The initial phase of the pursuit came to an end when you collided with another motor vehicle, which caused you and your co-offenders to abandon the stolen Mitsubishi Triton vehicle that you drove. You then committed the crime of aggravated carjacking when you pointed an imitation rifle at the driver of a Ford utility and demanded that he “Get out of the fucking car cunt or I’ll shoot ya”. You and your two co-offenders got into the Ford XR8 utility and continued to flee from police, and it is your subsequent driving that constitutes the second charge of reckless conduct endangering persons. The conduct that founds the two charges of reckless conduct endangering persons and aggravated carjacking was caught on film by the police helicopter that followed you and that film, contained on two DVDs, forms Exhibit “B” on the plea.

12 The second pursuit came to an end when you collided with two motor vehicles on the South Gippsland Highway outside the Settlement Hotel, Cranbourne. You and your two co-offenders fled the scene on foot, but were arrested. You were required to undertake a preliminary oral fluid test, which returned a positive indication for the presence of methylamphetamine, and when requested to undertake an oral fluid test, you refused to do so.

13 The stolen Ford utility was searched and seized from it was the imitation rifle that you used in the aggravated carjacking. The stolen Mitsubishi Triton, which you abandoned at the collision scene, was searched, and it contained a number of items of stolen property, some of which is the subject of a charge of handling stolen goods, while the balance is the subject of the summary offence of dealing with property suspected of being the proceeds of crime. In addition, upon search of the Triton vehicle, police located a meat cleaver and this founds the summary offence of possession of a controlled weapon.

14 At the time of the commission of your offences you were disqualified from obtaining a driver licence and this fact founds the summary offences of driving whilst disqualified, and you failed to render assistance, failed to stop, and failed to provide information in respect of the motor vehicle collisions which took place during the course of the two aspects of the police pursuit.

15 After being arrested, you were interviewed under caution and gave “no comment” responses to the questions asked of you by the investigating police.

16 At the time of your plea, you had spent 456 days by way of pre-sentence detention.

17 The offence of aggravated carjacking has a mandatory minimum non-parole period of three years’ imprisonment for an adult offender, subject to an exception, being if a court finds a “special reason” exists under s10A of the Sentencing Act 1991 for not imposing the mandatory minimum term. It was not suggested or argued that any such “special reason” exists in your case and accordingly, pursuant to the provisions of the Sentencing Act in respect to the offence of aggravated carjacking, you must be sentenced to a term of imprisonment that carries with it a mandatory minimum non-parole period of three years’ imprisonment.

18 Mr Harrison, you were born on 22 March 1993. At the time of your offending, you were aged between 25 and 26 years. You are currently aged 27 years of age. You have an extensive criminal history that involves 153 findings of guilt or convictions from fourteen appearances, not including breach proceedings in respect to community-based dispositions which you have received over the years. Included in your lengthy criminal record are the offences of driving whilst disqualified, burglary and theft, dangerous driving while pursued by police, fail to stop a vehicle on police direction, possess controlled weapons without excuse, handle stolen goods, firearm offences and reckless conduct endangering serious injury. In short, in the past you have committed many of the offences of the kind for which you now fall to be sentenced.

19 Tendered as Exhibit “D” were two Victim Impact Statements; one from the victim the subject of the aggravated carjacking and another from the victim of one of the burglaries. In respect to the aggravated carjacking, the victim of that offence expressed his reaction to your offending in the following terms:

“I developed strength and courage, learnt to box & played rugby league. I feared nobody, on the 1st of April that all changed, having a gun in my face made my life flash before me. I thought I was going to be shot dead in my ute and for no damn reason. When people ask me was I ‘scared’ I answer by simply saying ‘I wasn’t scared of the guy with the gun, I was scared that he was going to rob 3 children of a loving father, a wife of a loving husband & destroy their life’s (sic) and what I had built for them’.”

20 Your victim believed that he had lost his courage. He thought he was a coward. When he found out that the firearm that you used was an imitation, he describes his reaction as “I exploded”. Your victim started to believe he was a failure and a lesser man and became embarrassed in respect of his own conduct. He has been diagnosed with depression and Post-Traumatic Stress Disorder, two psychological complaints that he had never suffered from, nor ever thought he would suffer from in his life. Finally, your victim wrote:

“Nobody, absolutely nobody should have to be faced with [having to] go through what happened on that horrible day … it’s something I will never forget.”

21 In addition to the emotional turmoil which your victim has gone through and will continue to go through, he suffered substantial financial loss because he found himself unable to work as a result of the crime that you committed and accordingly had to employ three people to do the work that he would normally perform on a daily basis. Further, he suffered the loss of his vehicle and the cost of its replacement, as well as medical expenses arising out of the psychological injuries that he has suffered.

22 The victim of one of the two burglaries that you committed on 1 April 2019 wrote that some of the items that you stole were sentimentally irreplaceable and included items given to her by her late husband. She wrote that she was devastated as a result of her house having been trashed by you and that she felt violated “by humans that have no respect for other people’s property, their sanctuary, their home”. Your victim is fearful that her house will be broken into again and she leaves her home each day worried about what she will return to.

23 By your conduct, you have profoundly and adversely affected the lives of two innocent people.

24 Tendered as Exhibit 3 was the undated report of Ms Gina Cidoni, psychologist. Ms Cidoni consulted with you via videoconference on 18 June this year. Ms Cidoni had previous dealings with you on 4 July 2017 in respect to earlier offending. When assessed by Ms Gina Cidoni in July 2017, intellectual testing was indicative of an average capacity with a full-scale IQ of 100, placing you at the 50^th percentile. Ms Cidoni went on to report:

“At 81 his verbal comprehension was low average, and his performance in perceptual reasoning was average at 108. His working memory was high average at 119 while processing speed was average at 94. His profile indicated elevations on scales of hypomania, antisocial traits and paranoid ideation; also, anxiety that was ruminative. He showed poor psychological resources for coping with stress and chronic problems with an emerging personality disorder, with symptoms including difficulty managing his emotions and impulses, relating to people and maintaining a stable self-image.”

25 Your personality inventory set out above seems to have remained stable and is repeated in Ms Cidoni’s report (Exhibit 3) at page 9 in the following terms:

“He endorsed items indicative of mania, hyperactivity, restlessness and problems related to impulsivity. There is a history of defiance, disobedience, and delinquency in his earlier years. He is easily frustrated. He has antisocial traits, but he can show empathy. He reported considerable self-doubt, feelings of uselessness, and poor self-esteem.”

26 Later, Ms Cidoni referred to your experiencing anxiety, and that you are highly paranoid and, at times, delusional. Further, her primary diagnosis of you is one of Substance Use Disorder.

27 You are 27 years of age. You identify as a Yorta Yorta man, with your aboriginal heritage coming from your father. You are the oldest of six children, with one full brother, Scott, who is aged 24, and four half siblings aged between 7 to 21 years.

28 Tendered as Exhibit 1 was a letter from your mother, Ms Penny Mischali. Ms Mischali gave evidence on your behalf. Ms Mischali’s own childhood background is one marked by alcohol fuelled domestic violence. Ms Mischali left home at 14 years of age and met your father when she was 16 years old, and to her credit, was working full time. Your father did not work and was a drug user. It did not take long before Ms Mischali ceased working after she became a drug user. Ms Mischali swore that she fell pregnant with you when she was 18 years of age and that she remained with your father until you were around four years of age. She described her relationship with your father as “toxic” and marked by arguments, and drug use, and fighting.

29 After separating from your father, Ms Mischali met Moshe Moty Mischali. Your mother ceased taking drugs and formed a relationship with Mr Mischali, who she referred to as Moty. Prior to marrying Moty, Ms Mischali described her relationship with him as a happy one, however after she married Moty, he moved in with her and her children, and he soon displayed his true colours. He became controlling and increasingly violent towards your mother and you. Ms Mischali was of the opinion that Moty was envious of you because you had blonde hair and pale skin, like your father, whilst Mr Mischali, an Israeli had dark hair and olive complexion. Further, Ms Mischali swore that Moty identified more readily with your brother Scott, who was dark haired and of olive to dark complexion.

30 When you were in Grade 2 or 3, your mother sought to remove you from the violent environment in which you lived, and sent you to live with your father. Your father had been violent towards you and your mother, but this move was regarded by your mother as the lesser of two evils.

31 Your father and his then partner were both heavy drug users and would argue and become violent towards one another. Your father continued to be violent towards you.

32 You remained with your father until you started high school, when you simply turned up on your mother’s doorstep one day because you could no longer handle living with your father and his partner. At this stage, your mother had a good job as a property manager in real estate.

33 Not long after you returned to your mother’s home, she was diagnosed with sarcoidosis, a serious medical condition that affects the lungs. Ms Mischali became bedridden for weeks and had to stop working. She started to use amphetamines to cope. About this time, she commenced an association with her third partner, Mr Shane Symons, who is the father of three of your half siblings. This relationship contributed to your mother becoming a heavy drug user and she recommenced committing crimes.

34 At the age of 15, after leaving school, off your own bat, you obtained a roof tiling apprenticeship. You had completed approximately 18 months of this apprenticeship when you commenced a relationship with Brooke Innes. You lived with Ms Innes at her mother’s home in Cranbourne. Ms Innes’s mother was a heavy drug user and spent a lot of time in and out of gaol. You eventually became a heavy drug user, ceased to work and began committing crimes.

35 Ms Mischali informed me that when you were about 17 years of age, Ms Innes fell pregnant with your son, Jaxx, who was born in 2010. You received your first substantial term of imprisonment on 20 September 2012 when you were sentenced by her Honour Judge Douglas to three years and four months’ imprisonment, with a non-parole period of 20 months for burglary, theft, intentionally damaging property and attempted armed robbery, as well as other offences. You have a second child Izack, aged three years and who prior to the COVID-19 restrictions visited you fortnightly under Child Protection supervision. Jaxx is not permitted to reside with Ms Innes and is subject to DHHS supervision. You are no longer in a relationship with Ms Innes.

36 In respect to your aboriginality, Ms Mischali swore that whilst she identified you as being of Aboriginal heritage, in any government or local instrumentality form, you received no assistance from any Aboriginal liaison service as a child. Whilst aware of your aboriginality, it appears, on the evidence, to have played no role on your upbringing until you were sentenced to terms of detention in Youth Justice Centres. In Exhibit 4, a Confidential Progress Report from the Department of Human Services, dated 14 September 2012, you were described as a “young Aboriginal man, with a one year old son, who comes from a family that has continuing complex issues involving a history of trauma, mental illness, substance abuse and recurring homelessness”. Whilst in the Youth Justice System, you were supervised by a Youth Justice Koori intensive support practitioner, and it appears, at about this time, your Aboriginal heritage became significant to you.

37 In short, your childhood upbringing is marked by dislocation. You attended ten different primary schools and you were subject to the adverse influence of your father and stepfather, which was reflected in no less than eleven Child Protection Notifications between 1993 and 2009. These notifications came about “in relation to Mr Harrison and his siblings not being protected from emotional and physical harm by parents, environmental neglect, his mother’s substance use, physical discipline by his father and no food being in the home” (see Exhibit 4 and Exhibit 2, your solicitor’s Outline of Submissions).

38 Returning to your achievement of having attained an apprenticeship at the age of 15, this apprenticeship was interrupted when you went into detention at 17 years of age. However, upon release from prison in 2015/16, you remained in a stable environment with your mother and completed your apprenticeship.

39 Ms Sutherland, solicitor who appeared on your behalf, informed me that between the ages of 18 and 25, you spent only two-and-a-half years out of custody. The details of the time you have spent in custody is set out at paragraphs 22 through to 27, both inclusive, in the written submissions filed by Ms Sutherland. This chronology founds the submission that you are at risk of institutionalisation should a lengthy sentence be imposed on you.

40 You have found it difficult in adult prison identifying as an Aboriginal man because of your blond hair and fair skin. In addition, you have been the subject of two serious assaults whilst in prison.

41 Ms Sutherland submitted that it was your abuse of methylamphetamine and its effects on you on 1 April 2019, that was causal to your offending. In respect of your history of drug abuse, you commenced to use cannabis at the age of 11 and was a daily user of that drug until you were aged 17 years. You used cocaine and ecstasy from the age of 13 to 15 and have used Ice from the age of 13 until you were imprisoned at the age of 18. Upon release from prison, you relapsed into the use of methylamphetamine. In addition, you told Ms Cidoni that you abused Suboxone and heroin while in prison previously.

42 You are presently on a methadone program in prison to avoid the temptation of using illicit substances whilst in prison.

43 Whilst on remand, recently you have been subject to the strictures of the COVID-19 regime imposed upon prisoners generally, and especially those on remand. You have been able to undertake some courses of study, and certificates in respect to that study form part of Exhibit 6, as do a number of urine analyses that prove negative, save for the presence of methadone.

44 You are a relatively young man. You pleaded guilty at the earliest opportunity. Accordingly, you are entitled to the benefits that flow from your plea, being that it has real utilitarian benefit and that it is some evidence of your remorse. Despite your appalling upbringing, you were able to obtain an apprenticeship and completed it, and worked as a roof tiler, although your apprenticeship was interrupted by a substantial period of detention.

45 The experience of growing up in an environment of drug abuse and violence has left a mark on you and this is relevant to the determination of an appropriate sentence in your case. Ms Sutherland submitted that this matter can moderate any sentence imposed on you. This submission is correct. Further, there is the chance that the sentence that will be imposed on you will increase the risk of you becoming institutionalised.

46 However, your crimes, both the indictable and summary, demonstrate a complete disregard for the rules of the civilised community in which you live. You committed a series of petty thefts and deceptions, when it suited you. You stole motor vehicles so that you could transport yourself around. You stole and/or handled motor vehicle registration plates and attached them to vehicles that you had stolen in order to camouflage their identity. Ultimately, on 1 April 2019, you committed two burglaries, were involved in two police pursuits, which were separated in time by the fact that you had a collision which terminated the first pursuit and which then caused you to immediately resort to the use of an imitation firearm to commit the offence of aggravated carjacking. Thereafter, you continued to drive in an appalling manner and in each aspect of the police pursuit, you put members of the public at risk. In short, each of the offences that you committed, both indictable and summary, are serious examples of crimes of the kind. Your prospects for rehabilitation are guarded at best.

47 You are an appropriate vehicle for the application of specific and general deterrence. You are a person from whom the community must be protected, and your conduct must be publicly denounced. I must take into account the mitigating factors that I have already recounted and look to your rehabilitation. Further, I must be careful to construct a sentence that does not breach the principle of totality.

48 Doing the best I can, taking into account the circumstances of your offending and their effects, your personal circumstances and antecedents, endeavouring to produce a sentence which reflects and promotes the purposes of sentencing in a manner appropriate to you and your offending, I sentence you as follows:

49 On Charge 1, one month’s imprisonment.

50 On Charge 2, one month’s imprisonment.

51 On Charge 3, six months’ imprisonment.

52 On Charge 4, six months’ imprisonment.

53 On Charge 5, six months’ imprisonment.

54 On Charge 6, three months’ imprisonment.

55 On Charge 7, one month’s imprisonment.

56 On Charge 8, one month’s imprisonment.

57 On Charge 9, six months’ imprisonment.

58 On Charge 10, one month’s imprisonment.

59 On Charge 11, one month’s imprisonment.

60 On Charge 12, one month’s imprisonment.

61 On Charge 13, three months’ imprisonment.

62 On Charge 14, six months’ imprisonment.

63 On Charge 15, one month’s imprisonment.

64 On Charge 16, one month’s imprisonment.

65 On Charge 17, six months’ imprisonment.

66 On Charge 18, six months’ imprisonment.

67 On Charge 19, one month’s imprisonment.

68 On Charge 20, one month’s imprisonment

69 On Charge 21, one month’s imprisonment.

70 On Charge 22, one month’s imprisonment.

71 On Charge 23, one month’s imprisonment.

72 On Charge 24, one month’s imprisonment.

73 On Charge 25, twelve months’ imprisonment.

74 On Charge 26, twelve months’ imprisonment.

75 On Charge 27, six months’ imprisonment.

76 On Charge 28, twelve months’ imprisonment.

77 On Charge 29, twelve months’ imprisonment.

78 On Charge 30, three months’ imprisonment.

79 On Charge 31, eighteen months’ imprisonment.

80 On Charge 32, five years’ imprisonment.

81 On Charge 33, two years’ imprisonment.

82 On Charge 34, three months’ imprisonment.

83 On Charge 35, six months’ imprisonment.

84 I order that eight months of the sentence imposed on Charge 33, together with six months of the sentence imposed on Charge 31, together with four months of the sentences imposed on Charges 26 and 28, together with two months of the sentence imposed on Charge 35, together with one month of the sentences imposed on Charges 3, 4, 5, 6, 9, 13, 14, 17, 18, 27, 30 and 31 be served cumulatively upon each other and on the sentence imposed on Charge 32. This results in a total effective sentence of eight years’ imprisonment.

85 In respect to the related summary offences, save Charge 98, I sentence you to an aggregate term of imprisonment of 15 months.

86 I order that five months of the aggregate sentence in respect to the related summary offences be served cumulatively upon the sentence imposed upon the indictment. This results in a total effective sentence of eight years and five months’ imprisonment, and I fix the period of five years’ imprisonment before you will be eligible for parole.

87 In respect to the related summary Charge 98, refuse to provide an oral fluid sample, you are convicted and fined $500.

88 I cancel all licences and permits to drive a motor vehicle held under the Road Safety Act and disqualify you from obtaining any such licence or permit for a period of five years from 1 April 2019.

89 I declare that you have spent 466 days by way of pre-sentence detention not including today.

90 Pursuant to s6AAA of the Sentencing Act 1991 I declare that but for your plea of guilty I would have sentenced you to twelve years’ imprisonment with a minimum term of eight years’ imprisonment.

91 Now, Ms Sutherland, you will have noticed that during the course of the plea, I did not mark the documents as exhibits. However, I have marked them in anticipation of this sentence and I have referred to them as such in my reasons for sentence.

92 MS SUTHERLAND: Yes Your Honour.

93 HIS HONOUR: Now, there were a number of ancillary orders sought by the Crown. What is your attitude to those orders, Ms Sutherland?

94 MS SUTHERLAND: Your Honour, they're not opposed.

95 HIS HONOUR: Then I have made those orders and I hand them down. Are there any matters arising out of the sentence?

96 MR SONNET: Not from my perspective, Your Honour, but we will double-check it and if there's any issue - - -

97 HIS HONOUR: Well, let's just - if you wanted time to check the maths

98 MR SONNET: Yes.

99 HIS HONOUR: Take your time, Mr Sonnet.

100 MR SONNET: I will, Your Honour and my instructor will be doing it as well and we're in email contact, but - - -

101 HIS HONOUR: Yes. On a more - a light note, I've checked them twice, as the saying goes.

102 MR SONNET: I am grateful.

103 HIS HONOUR: As the saying goes.

104 MR SONNET: Could I trouble Your Honour - - -

105 HIS HONOUR: Yes.

106 MR SONNET: - - - in relation to the cumulation order - - -

107 HIS HONOUR: Yes.

108 MR SONNET: - - - I think I got most of them down, but towards the end I may have made a slight mistake.

109 HIS HONOUR: No, that's all right, I'll repeat them. I order that eight months of the sentence imposed on Charge 33 - - -

110 MR SONNET: Yes.

111 HIS HONOUR: - - - together with six months of the sentence imposed on Charge 1, together with four months of the sentences imposed on Charges 26 and 28 - - -

112 MR SONNET: Yes.

113 HIS HONOUR: - - - together with two months of the sentence imposed on Charge 35 - - -

114 MR SONNET: Yes.

115 HIS HONOUR: - - - together with one month of the sentences imposed on Charges 3, 4, 5, 6, 9, 13, 14, 17, 18, 27, 30 and 31 be served cumulatively upon each other and on the sentence imposed on Charge 32. This results in a total effective sentence of eight years' imprisonment.

116 MR SONNET: Checking one.

117 HIS HONOUR: Yes, 31's repeated. Just pardon me for a moment.

118 MR SONNET: It's Charge 31 is the one that I've just got the slight query - - -

119 HIS HONOUR: Yes, it's repeated. Yes, Charge 31 should not appear there.

120 MR SONNET: It might be that it should appear on Charge 34, the one month and if that did occur, then everything adds up, to me.

121 HIS HONOUR: No, just pardon - no, I have the orders here and you're quite right, it's a typographical error and it is 34. So I'll repeat the order.

122 I order that eight months of the sentence imposed on Charge 33, together with six months of the sentence imposed on Charge 31, together with four months of the sentences imposed on Charges 26 and 28, together with two months of the sentence imposed on Charge 35, together with one month of the sentences imposed on Charges 3, 4, 5, 6, 9, 13, 14, 17, 18, 27 and 34 be served cumulatively upon each other and on the sentence imposed on Charge 32. This results in a total effective sentence of eight years' imprisonment.

123 MR SONNET: Sorry to trouble you, can you just confirm Charge 30 - - -

124 HIS HONOUR: Yes.

125 MR SONNET: - - - so I have an individual sentence of three months and I had marked in one month cumulative in respect of that.

126 HIS HONOUR: Correct.

127 MR SONNET: And then one month cumulative in respect of Charge 34.

128 HIS HONOUR: Correct.

129 MR SONNET: If that's so, everything adds up.

130 HIS HONOUR: Thank you very much Mr Sonnet. I found this morning, when reviewing this sentence, that a number of amendments that I had made to a draft, for one reason or another, weren't saved and it may be that's where the typographical error has occurred. You'll note that I have been changing things as I went in red.

131 MR SONNET: I can relate to that.

132 HIS HONOUR: Yes, I'm sure you can. You've written plenty, Mr Sonnet. I want to thank counsel for their assistance in the matter and we now - Ms Sutherland, do you want to speak with your client?

133 MS SUTHERLAND: If possible, that would be great, Your Honour.

134 HIS HONOUR: Then, what will happen, Mr Sonnet will absent himself, when he's excused from the Bar table and my staff will remain here to ensure that the link is available to you - - -

135 MS SUTHERLAND: Thank you.

136 HIS HONOUR: - - - and you can confer with him confidentially. Now we're what time on Monday? Ten-thirty. Adjourn until 10.30.

- - -

Court Ref: CR-19-01893

IN THE COUNTY COURT OF VICTORIA

AT MELBOURNE
CRIMINAL JURISDICTION

Indictment No. K10845363

DIRECTOR OF PUBLIC PROSECUTIONS
-v-
CORI HARRISON

SUMMARY OF PROSECUTION OPENING FOR PLEA

Date of document:	19 May 2020
Filed on behalf of:	Director of Public Prosecutions
Prepared by: Abbey Hogan Solicitor for Public Prosecutions 565 Lonsdale Street Melbourne Vic 3000	B L Sonnet of Counsel Solicitor’s code: 7539 Telephone: (03) 9603 7666 Direct: (03) 9603 7579 Reference:1901857/M Thackaberry

Circumstances of offending

On 27 February 2019 at approximately 7.05am the accused and an unknown male attended at IGA, Belgrave South. Whilst there, the accused used a NAB card belonging to David BILSTON to purchase 2 packets of cigarettes costing $84.70 before leaving the store. The fraudulent transaction was captured on CCTV footage.[1]
[1] See Exhibits 345, 346 & 349
[see indictment charge 1 – obtain property by deception]
On 27 February 2019 the accused and an unknown male then attended at 7-11, Upwey. Whilst there, the accused used a NAB card belonging to David BILSTON to make a transaction to the value of $84.00. The fraudulent transaction was captured on CCTV footage.[2]
[2] See Exhibits 347, 348 & 349
[see indictment charge 2 – obtain property by deception]
On 9 March 2019 at approximately 9.00am the accused and an unknown male entered Sam’s Auto Repairs situated at 1/38 Dandenong Street, Dandenong. At this time, the owner Nayem ALSAHLANY was working on a 2003 Porsch Cayenne (registration 1CB9EQ). The owner had left the vehicle running with the keys in the ignition while he walked into a separate area of the workshop. CCTV from the workshop depicts the accused get into the driver’s seat before driving the vehicle away. ALSAHLANY immediately contacted investigating police.[3] The vehicle belonged to Uday ALHAMED with an estimated value of $25,000.00.[4] The accused did not have a valid driver licence.[5]
[3] See Statement of Nayem Alsahlany, at Depositions 239-240
[4] See Statement of Uday Alhamed, at Depositions 241-242
[5] See Exhibit 3
[see indictment charge 3 – theft of motor vehicle; summary charge 3 – drive while disqualified]
On 16 March 2019 at approximately 9.25pm Denny CHAN parked his vehicle, a 2010 Lexus (registration PPM688) out the front of his business on Edison Drive, Dandenong South. Whilst CHAN was out the front of the business, the accused entered the car park driving a stolen 2017 Toyota Hilux (registration 1LO9SK). The accused asked CHAN for directions. The accused and CHAN had a brief conversation before CHAN walked into the office area of his business, leaving his vehicle running with the keys in the ignition. The accused exited the Toyota Hilux and entered the driver’s seat of CHAN’s vehicle; an unknown male passenger then took over the driving of the Toyota Hilux. The accused left the scene driving CHAN’s vehicle away. The theft of the motor vehicle was captured on CCTV footage. The value of the 2010 Lexus is estimated at $35,000.00.[6] This vehicle was later recovered by investigating police after it had been set alight by unknown offenders.[7] The accused did not have a valid driver licence .[8]
[6] See Statement of Denny Chan, at Depositions 243-245
[7] See Exhibit 22
[8] See Exhibits 4 & 5
[see indictment charge 5 – theft of motor vehicle; summary charge 6 – drive while disqualified]

The 2017 Toyota Hilux had been stolen from BMW Finance Australia situated at 783 Springvale Road, Mulgrave between 20 November 2017 and 5 March 2018. There is no evidence to link the accused to the original theft of the vehicle. This vehicle was later recovered by police after it had destroyed by fire by unknown offenders.[9]
[9] See Exhibit 391
[see indictment charge 4 – theft of motor vehicle]
On 17 March 2019 at approximately 12.45pm the accused attended Slingsby Avenue, Beaconsfield driving the stolen 2010 Lexus vehicle (see charge 4). The accused exited the vehicle and walked towards a Volkswagon Amarok vehicle (registration JETROK) which was parked in the driveway of Leigh DINNEEN’s house. CCTV footage depicts the accused open the unlocked door of the vehicle and steal DINNEEN’s wallet before walking back to the Lexus vehicle and driving away from the scene. The wallet contained ANZ personal and business debit cards and another government-issued card.[10] The accused did not have a valid driver licence.[11]
[10] See Statement of Leigh Dinneen, at Depositions 249-254
[11] See Exhibits 6 & 7
[see indictment charge 6 – theft; summary charge 8 – drive while disqualified]
On 17 March 2019 at approximately 1.30pm the accused attended the BP service station situated at 94 Princes Highway, Officer. Whilst there, the accused used Leigh DINNEEN’s ANZ business debit card to make a purchase to the value of $98.45. The fraudulent transaction was captured on CCTV footage.[12]
[12] See Exhibits 10, 11 & 12
[see indictment charge 7 – obtain property by deception]
On 17 March 2019 at approximately 6.15pm the accused re-attended at the BP service station at 94 Princes Highway, Officer in the stolen Lexus vehicle. The accused filled up the vehicle with $34.15 worth of petrol before driving away without making any attempt to pay. The theft was captured on CCTV footage.[13]
[13] See Exhibits 13, 14 & 15
[see indictment charge 8 – theft]

On 19 March 2019 at approximately 10.40am the accused attended at 32 Kelly Street, Chadstone in the stolen Lexus vehicle (see charge 4) with a female person (believed to be Zoe PAIS). The accused got out of the vehicle and PAIS got into the passenger seat. The accused walked over to a 2004 Ford Falcon vehicle (registration TBW296), gained access and drove the vehicle away. The vehicle belonged to Scott PHILLIPS who was working on the roof of a residential premise at 32 Kelly Street, Chadstone. PHILLIPS heard his vehicle starting up and ran onto the road and attempted to flag down the Lexus vehicle driven by PAIS. PHILLIPS then contacted investigating police. CCTV footage depicts the accused stealing the Ford Falcon vehicle. The accused did not have a valid driver licence.[14] On 30 March 2019 investigating police located the stolen Ford Falcon vehicle outside 40 Thwaites Road, Pakenham.[15]
[14] See Exhibits 350 & 351
[15] See Exhibits 358 & 359
[see indictment charge 9 – theft of motor vehicle; summary charge 115 – drive while disqualified]

On 19 March 2019 at approximately 11.30am the accused attended the Coles Express service station situated at 439 Princes Highway, Officer in the stolen Ford Falcon vehicle (see charge 9). At the time, the accused had a female passenger believed to be PAIS. The accused filled the vehicle with $40.32 worth of petrol before driving away without making any attempt to pay. The theft of petrol was captured on CCTV footage.[16]
[16] See Exhibits 352 & 353
[see indictment charge 10 – theft]
On 19 March 2019 at approximately 12.50pm the accused attended the Caltex service station situated at 290 Sand Road, Longwarry in the stolen Ford Falcon vehicle (see charge 9). At the time, the accused had a female passenger believed to be PAIS. The accused filled the vehicle with $101.34 worth of petrol before driving away without making any attempt to pay. The theft of petrol was captured on CCTV footage.[17]
[17] See Exhibits 356, 357, 358 & 359
[see indictment charge 11 – theft]
On 24 March 2019 at approximately 7.35pm the accused attended the BP service station situated at 220 Princes Highway, Traralgon in a Volkswagen Touareg vehicle bearing stolen registration plates (1MC9GX). These registration plates were stolen from a Volkswagon Polo vehicle that was parked at Berwick Volkswagon between 28 February and 13 March 2019. At the time, the accused had a female passenger believed to be PAIS. The accused filled the vehicle with $72.50 worth of petrol before driving away without making any attempt to pay. As the accused drove past the operator window he stuck his middle finger up at the operator. The theft of petrol was captured on CCTV footage. The accused did not have a valid driver licence.[18]
[see indictment charge 12 – theft; indictment charge 13 – handle stolen goods; summary charge 120 – drive whilst disqualified]
[18] See Exhibits 361, 362 & 363

On 24 March 2019 at approximately 8.00pm the accused was driving the Volkswagen Touareg vehicle bearing stolen registration plates (1MC9GX) along Princes Highway, Fulham when police attempted to intercept the vehicle. The accused accelerated away from intercepting police and a pursuit was not initiated.
[see summary charge 121 – fail to stop vehicle upon police direction]
On 25 March 2019 at approximately 8.30am Matt WILSON parked his 2010 Mitsubishi Triton vehicle (registration XDA557) at a job site at 11 Curved Trunk Road Officer. He left his keys in the ignition as he walked to the site. The accused and a co-offender (Mitchell SALMON-URBANI) attended the scene in a Toyota Hilux vehicle bearing stolen interstate registration plates (S652AED) before getting out of the vehicle and into WILSON’s vehicle and driving it away.[19] The theft of the motor vehicle was captured on CTTV footage. The vehicle was eventually recovered by investigating police after it had been damaged by the accused in a vehicle collision (see charge 31). The accused did not have a valid driver licence.[20]
[19] See Statement of Matt Wilson, at Depositions 265-268
[20] See Exhibits 28 & 29
[see indictment charge 14 – theft of motor vehicle; summary charge 17 – drive whilst disqualified]

On 25 March 2019 at approximately 8.42am, the accused and co-offender SALMON-URBANI attended a milk bar (trading as Aoshun International) on the corner of Irving and Ahern Roads, Pakenham. The offenders used a Commonwealth bank card belonging to Matt WILSON to make a purchase to the value of $91.50.[21]
[21] See Exhibits 366 & 377
[see indictment charge 15 – obtain property by deception]
On 25 March 2019, at approximately 8.51am, the accused attend McDonalds situated at 71 Bald Hill Road, Pakenham. The accused used the Commonwealth bank card belonging to Matt WILSON to make a purchase of $3.90.[22]
[22] See Exhibits 368, 369 & 370
[see indictment charge 16 – obtain property by deception]
On 25 March 2019 at approximately 4.10pm the accused attended 17 Feldspar Court, Narre Warren to inspect a 2014 Holden Commodore vehicle (registration 1GX8VF) that Christopher WILSON had advertised on the internet. The accused attended the scene in a Mitsubishi Triton vehicle bearing stolen registration plates (S652AED). WILSON handed the keys to the accused for a test drive. The accused drove the vehicle away at fast speed with the Mitsubishi Triton vehicle following behind it. The vehicle was not returned.[23] WILSOM reported the theft to investigating police and selected the accused from a photoboard as the offender who stole his vehicle.[24] The stolen vehicle was later recovered by investigating police.
[23] See Statement of Christopher Wilson, at Depositions 272-278
[24] See Exhibits 33, 34, 35, 36 & 37
[see indictment charge 17 – theft of motor vehicle]
On 27 March 2019 at approximately 10.30am the accused and co-offender SALMON-URBANI attended the Berwick Chrysler, Jeep and Dodge dealership situated at 257 Princes Highway, Hallam in a Holden Commodore vehicle bearing stolen registration plates (1B13NC). The accused approached a 2015 Clubsport R8 vehicle (registration AHX454) that was parked with the keys in the ignition in the sales yard. The accused got into the Clubsport vehicle and drove away from the dealership with the co-offender behind him in the Holden Commodore vehicle. The theft was captured on CCTV footage.[25] The stolen vehicle was located several days later at 8 Mountain Flat Road, Narre Warren East.[26]
[25] See Exhibits 371 & 372
[26] See Exhibit 373
[see indictment charge 18 – theft of motor vehicle]
On 27 March 2019 at 11.20am the accused attended the drive through at Hungry Jacks in Rowville. The accused made a fraudulent transaction using a stolen Commonwealth Bank card belonging to Arron LUPTON to the value of $35.00.[27]
[27] See Statement of Arron Lupton, at Depositions 484-485
[see indictment charge 19 – obtain property by deception]
On 27 March 2019 at 11.35am the accused attended the 7-11 service station situated in Rowville (next door to the Hungry Jacks restaurant). The accused attended in a stolen Holden vehicle (registration 1GX8VF) before going inside the store and using LUPTON’s stolen Commonwealth Bank card to the value of $89.44. The transaction was captured on CCTV footage.[28]
[28] See Exhibits 375, 376 & 377
[see indictment charge 20 – obtain property by deception]
On 27 March 2019 at approximately 11.45am the accused attended the 7-11 service station situated on the corner of Napoleon Drive and Lakesfield Drive, Ferntree Gully in the stolen Holden Commodore vehicle (registration 1GX8VF). The accused entered the store and used LUPTON’s stolen Commonwealth Bank card to make a fraudulent transaction to the value of $84.95. This transaction was captured on CCTV footage.[29]
[29] See Exhibits 378, 379 & 380
[see indictment charge 21 – obtain property by deception]

On 27 March 2019 at approximately 12.10pm the accused attended the Chemist Warehouse in Knoxfield situated in the stolen Holden Commodore vehicle (registration 1GX8VF). At the time, the co-offender SALMON-URBANI was also present. The accused entered the store and used LUPTON’s stolen Commonwealth Bank card to make two fraudulent transactions to the value of $139.97. These transactions were captured on CCTV footage.[30]
[30] See Exhibits 381, 382 & 383
[see indictment charge 22 – obtain property by deception]

On 29 March 2019 at approximately 1.16pm the accused was the front seat passenger in a stolen Ford Falcon vehicle (registration XKT056) which was driven into the Coles Express service station situated at 4 Clyde Road, Berwick. The accused filled the vehicle with $88.40 worth of petrol before getting back into the passenger seat and leaving the scene without making any attempt to pay. The theft of petrol was captured on CCTV footage.[31]
[31] See Exhibits 38, 39, 40 & 41
[see indictment charge 23 – theft]
On 31 March 2019 at approximately 11.30pm, the accused attended the Coles Express service station situated at 151-171 Narre Warren North Road, Narre Warren North in a stolen Holden Commodore vehicle (registration SBP172). At the time the co-offender PAIS was in the vehicle. The accused filled the vehicle with $40.03 worth of fuel before driving away and not making any attempt to pay. The theft of petrol was captured on CCTV footage. The accused did not have a valid driver licence.
[see indictment charge 24 - theft; summary charge 141 – drive whilst disqualified]
On 1 April 2019 at approximately 11.40am the accused with co-offenders PAIS and SALMON-URBANI attended the residential premises at 13 Cross Road, Devon Meadows. Whilst there, PAIS stayed in the vehicle whilst the accused and SALMON-URBANI gained access to the premises via a rear sliding door. The offenders stole a large quantity of property mainly consisting of jewellery, computer equipment and passports. An off-duty police officer, SC Glenn SMITH, observed the offenders’ vehicle as he travelled past the premises. The officer returned back to the premises, but the vehicle drove away with the offenders inside. The officer checked the premises and observed that it had just been burgled.[32] Fingerprints were lifted from the scene. The victim Rachel HYATT estimated the value of the property stolen at $14,750.[33] Investigating police later located a quantity of the property belonging to the victim in a stolen vehicle.
[32] See Statement of SC Glenn Smith, at Depositions 292-293
[33] See Statement of Rachel Hyatt, at Depositions 288-291
[see indictment charge 25 – burglary; indictment charge 26 – theft]

On 1 April 2019 at approximately 12.36pm Glenn BRAVO parked his Holden Colorado vehicle (registration 1KS3YV) in the driveway of 2 Inverway Way, Clyde where he was working. BRAVO left the keys in the ignition of the vehicle and walked into the work site. BRAVO also left his wallet and mobile phone in the vehicle.[34] The accused, in company with SALMON-URBANI, attended the scene and stole BRAVO’s vehicle. Later that day the vehicle was recovered by investigating police after it had been set on fire by unknown offenders. On the following day the victim located fragmented pieces of his mobile phone and case in the vicinity of the South Gippsland Highway, Hampton Park using an iPhone app.[35] The victim’s wallet was later recovered by investigating police in a stolen vehicle.
[34] See Statement of Glenn Bravo, at Depositions 297-306
[35] See Exhibits 50 & 55
[see indictment charge 27 – theft of motor vehicle]
On 1 April 2019 at approximately 1.14pm Graeme DOBSON walked from his house to his son’s residential premises located nearby at 320 Officer South Road, Officer South after he observed an unknown vehicle in the driveway. Upon investigation, he observed the accused and an unknown co-offender (alleged to be SALMON-URBANI) exiting the house carrying property stolen from the house. DOBSON states that the two offenders left in two different vehicles (a Holden Rodeo vehicle and a Holden Commodore vehicle). The property stolen from the house included computer equipment, mobile phone, jewellery and cash. Upon police investigation of the premises, it was noted that the offenders had loaded further stolen property into a Ford Mondeo vehicle (belonging to the victim Jackson GREY) which was parked in the garage.[36] DOBSON had disturbed the offenders before that vehicle could be taken. Investigating police were able to recover some of the property stolen, including a computer laptop later found in the possession of the accused.
[36] See Statement of Jackson Grey, at Depositions 309-310
[see indictment charge 28 – burglary; indictment charge 29 – theft]

Between 31 March and 1 April 2019 an offender attended Brisbane Street, Berwick and stole registration plates 1ON2CI from a 2014 Holden Commodore vehicle. The offender replaced the front registration plate with another stolen registration plate 1GL2RM. The victim Evan PICKERING noticed his correct registration plates were missing and reported the theft to investigating police.[37] The victim’s number plates were later found to be in the possession of the accused and recovered by investigating police.
[37] See Statement of Evan Pickering, at Depositions 284-287
[see indictment charge 30 – handle stolen goods]

On 1 April 2019 the accused and co-offenders (PAIS and SALMON-URBANI) got into a stolen Mitsubishi Triton vehicle (registration XDA557) which had been parked near the Robert Booth Reserve, Hampton Park (see charge 14). The accused drove south along The Fairway, Hampton Park. The accused then turned right onto Fordham Road before continuing to Jeffrey Street, Hampton Park at a fast rate of speed. The accused then turned into a driveway and performed a U-turn before heading back along Jeffrey Street, Hampton Park. The accused crossed onto the wrong side of the road while overtaking another vehicle before turning left back onto Fordham Road, Hampton Park.
The accused continued driving erratically along Fordham Road until where it turns into Regans Road, Hampton Park. The accused then turned left onto Somerville Road before crossing onto the wrong side of the road and turning onto Vanessa Drive, Hampton Park. The accused turned left onto Pound Road and continued driving west before turning left onto the South Gippsland Highway and continued driving southbound erratically.
The accused then drove straight through a red traffic control signal at the intersection with Abbotts Road and almost collided with several vehicles. The accused continued heading south at a fast rate of speed and wove in and out of other traffic without indicating. The accused then used the emergency lane to pass traffic before cutting back over to the right hand lanes of the South Gippsland Highway and performed a U-turn to head back north before turning left onto Northey Road, Lynbrook in a westerly direction. The accused turned left into a slip lane before merging onto the Western Port Highway and continued heading south at a fast rate of speed. The accused turned right onto Glasscocks Road using the wrong side of the road and almost colliding with another vehicle. The accused continued heading west along Glasscocks Road at a fast rate of speed.
The accused then crossed on to the wrong side of the road to overtake a number of vehicles and continued driving at a fast rate of speed. The accused turned left onto the Frankston Dandenong Road and continued heading south at a fast rate of speed. The accused continued straight through the intersection with Thompsons Road and continued heading south at a fast rate of speed weaving in and out of traffic.
At approximately 2.10pm the accused was driving at a fast rate of speed towards Wedge Road, Carrum Downs. The accused then drove straight through a red traffic control signal and collided with the passenger side of a Holden Captiva vehicle (registration ULE601) driven by Nicole WELSH.[38] The force of the impact caused the Holden Captiva vehicle to roll onto the driver's side. The accused and co-offenders in the stolen Mitsubishi Triton vehicle rolled to a stop just south of the intersection.
[38] See Statement of Nicole Welsh, at Depositions 328-334
[see indictment charge 31 – rolled-up reckless conduct endangering person]
The accused made no attempt to render assistance to WELSH. Police arrived at the scene. The victim was conveyed to the Frankston Hospital by ambulance for treatment in relation to minor cuts and abrasions. The victim attended the Ballarto Medical centre for follow-up treatment for her injuries sustained in the collision.
[see summary charge 65 – fail to render assistance; summary charge 66 – fail to stop]

The accused got out of the driver's seat of the stolen Mitsubishi Triton vehicle, the co-accused PAIS got out of the front passenger seat and co-accused SALMON-URBANI got out of the rear passenger side of the vehicle. The accused ran onto the wrong side of Frankston-Dandenong Road and appeared to be attempting to signal down a Volkswagen sedan; it, however, turned left onto Wedge Road.
The accused then ran back past the stolen Mitsubishi Triton vehicle and to the other side of Wedge Road in company with SALMON-URBANI. The accused then approached a Ford XR8 vehicle (registration XEQ740). The accused pointed an imitation rifle at the driver, Kane BAKER, and made the following demand “Get out of the fucking car cunt or I'll shoot ya!”. BAKER was terrified and exited the vehicle dropping his belongings on the ground next to the vehicle.[39] SALMON-URBANI got into the passenger seat of the vehicle and the accused then got into the driver's seat. PAIS ran over to the XR8 vehicle from the stolen Mitsubishi Triton vehicle and got in the XR8 vehicle before it drove off. The carjacking was witnessed by several members of the public. Investigating police arrived at the scene shortly after the incident.
[39] See Statement of Kane Baker, at Depositions 335-342
[see indictment charge 32 – aggravated carjacking]
The accused then sped away from the scene in the stolen Ford XR8 vehicle before turning left onto Frankston-Dandenong Road and heading south at a fast rate of speed. Senior Constable Tim NOLAN observed the accused between Wedge Road and Hall Road on Frankston-Dandenong Road, Carrum Downs and detected his speed to be 185 km/h in an 80 km/h zone on the radar. The accused continued driving at a very fast rate of speed before turning left onto Hall Road and continuing in an easterly direction weaving in and out of traffic.[40]
[40] See Statement of SC Tim Nolan, at Depositions 370-373
The accused continued driving at a fast rate of speed towards McCormick's Road, Carrum Downs on Hall Road at which point Senior Constable NOLAN observed the accused’s speed to be 162 km/h in an 80 km/h zone on the radar. The accused turned right onto McCormick's Road, Carrum Downs before crossing onto the wrong side of the road to overtake a vehicle and continuing at a fast rate of speed crossing from the wrong and right sides of the road. The accused then used the wrong side of the road to turn left onto Ballarto Road, Carrum Downs before crossing onto the wrong side of the road. Victoria Police then declared a pursuit upon direction from Sergeant Sam BOOTH.[41]
[41] See Statement of Sgt Sam Booth, at Depositions 326-327
The accused continued using the wrong side of the road on Ballarto Road almost colliding with several vehicles whilst driving at a very fast rate of speed and using the dirt shoulder on the wrong side of the road. As the accused was approaching the Western Port Highway on Ballarto Road, Carrum Downs, one of the offenders in the vehicle threw a wheel jack out of a window which landed in the east bound lanes of Ballarto Road, Carrum Downs.[42]
[42] See Exhibit 88
The accused then turned right onto the Western Port Highway with police in pursuit. The accused continued driving at a fast rate of speed whilst the offenders were throwing several items out of the vehicle. The accused continued straight through the intersection with Cranbourne-Frankston Road almost colliding with other vehicles in the roundabout. The accused continued driving at a fast rate of speed along the Westernport Highway with police in pursuit.
Police then pulled back, however continued to pursue with the Police Air Wing Unit maintaining observations; at that time the accused was observed on the moving radar at 176 km/h in an 80 km/h zone. The accused continued travelling south at a fast rate of speed before turning left onto North Road heading east at a fast rate of speed. Whilst on North Road, Cranbourne South, Senior Constable Luke OSBORNE observed the vehicle travelling at over 200 km/h in the 80 km/h zone on the moving mode radar at points along North Road.[43]
[43] See Statement of SC Luke Osborne, at Depositions 374-377
The accused continued through the intersection with Pearcedale Road and continued heading east on the wrong side of the road to overtake other vehicles at a very fast rate of speed. The accused then used the wrong side of the road to turn left onto Craig Road, Junction Village heading north. The accused continued travelling north at a fast rate of speed. At Craig Road prior to the South Gippsland Highway, Senior Constable OSBOURNE observed the accused speed to be 190 km/h in the 80 km/h zone on the moving mode radar.
The accused then overtook a 2003 Toyota Landcruiser vehicle (registration SF9ERS) driven by Paul ROSENBROCK.[44] The accused attempted to drive in between another vehicle on the wrong side of the road before colliding with the front of the Toyota Landcruiser causing damage to the vehicle.[45]
[44] See Statement of Paul Rosenbrock, at Depositions 378-379
[45] See Exhibit 90
[see summary charge 81 – fail to stop; summary charge 82 – fail to provide information]
The accused then turned left onto the South Gippsland Highway heading north towards Cranbourne before doing a U-turn and continuing south on the South Gippsland Highway. The accused again accelerated to a very fast of speed using the emergency lane to overtake vehicles. The accused performed another U-turn and again continued north bound towards Cranbourne at a very fast rate of speed. The accused continued heading north before merging from the right lane into the left lane at a fast rate of speed and very narrowly avoiding a collision with another motorist. Senior Constable TEMPLAR observed the vehicle travelling at a fast rate of speed in a southerly direction along the South Gippsland Highway between Ballarto Road and Cameron Street; the vehicle’s moving radar identified the vehicle speed to be 131km/h in an 80 km/h zone.[46] An occupant in the vehicle then threw a bag from the vehicle near the intersection with Cameron Street, Cranbourne. The bag was seized by Senior Constable Des VIS.[47] It belonged to the victim BAKER.
[46] See Statement of SC Anthony Templar, at Depositions 382-397
[47] See Exhibit 91

The accused continued towards Sladen Street, Cranbourne where he crossed onto the wrong side of the road narrowly avoiding a collision with another motorist and continuing north along the South Gippsland Highway. The accused then crossed onto the wrong side of the road and turned right onto Bakewell St, Cranbourne. The accused drove on the footpath and then onto the wrong side of the road towards Cameron Street, Cranbourne at a fast rate of speed before turning left into Cameron Street. Whilst travelling along Bakewell Street, Cranbourne one of the offenders threw a black bag out of the window. Sergeant Paul McNULTY stopped and seized the bag.[48]
[48] See Statement of Sgt Paul McNulty, at Depositions 398-400; Exhibit 100
The accused crossed onto the wrong side of the road of Cameron St, Cranbourne narrowly avoiding head-on collisions with other motorists. As the accused turned from Bakewell Street onto Cameron Street, Cranbourne one of the occupants in the vehicle threw two registration plates (XV37DG) from the vehicle. The plates belonged to the victim BAKER.[49]
[49] See Exhibit 108
The accused then turned left onto Marklin Street, Cranbourne and continued heading west before turning left onto Latrobe Street, Cranbourne before turning left onto Loch Street and left again onto the South Gippsland Highway, Cranbourne. The accused crossed onto the wrong side of the road narrowly avoiding head-on collisions before doing a U-turn into a service lane heading back north. A marked Police unit attempted to intercept the accused in the service lane; the accused side-swiped a vehicle and continued heading north on the South Gippsland Highway, Cranbourne with other marked Police units in pursuit.
The accused crossed onto the wrong side of the road towards Camms Road again narrowly avoiding oncoming traffic. The accused then collided with a Ford Falcon vehicle (registration UUM063) being driven by Mario DI MARTINO before colliding with a Toyota Prius vehicle (registration 1DV9MS) being driven by Khalida REZAE and coming to a stop out the front of the Settlement Hotel, Cranbourne.[50]
[see indictment charge 33 – rolled-up reckless conduct endangering person; summary charge 92 – fail to stop; summary charge 93 – fail to provide information; summary charge 96 – fail to stop; summary charge 97 – fail to provide information]
[50] See Statement of Mario Di Martino, at Depositions 405-408

Arrest

The accused and co-offenders then exited the vehicle and ran in different directions. Police chased the accused on foot and arrested him opposite the entrance to the Settlement Hotel, Cranbourne. Senior Constable TEMPLAR issued the accused with his caution and rights. Senior Constable TEMPLAR also conducted a Preliminary Oral Fluid Test on the accused which returned a positive indication to the presence of methylamphetamine. The accused then refused an Oral Fluid Test.
[summary charge 98 - refuse to provide oral fluid sample]

The co-offenders Zoe PAIS and Mitchell SALMON-URBANI were also arrested by attending police.
Detective Senior Constable SWANKIE then searched the stolen vehicle where he seized a number of exhibits, including an imitation rifle.[51] Subsequent forensic analysis revealed the accused’s fingerprints on the imitation firearm.[52]
[51] See Statement of Det SC David Swankie, at Depositions 416-418; Exhibit 118
[52] See Exhibit 338
During a search of the stolen Holden Commodore (registration 1GX8VF), investigating police located a stolen Apple iPad.
[see indictment charge 34 – handle stolen goods]
During a search of the stolen Mitsubishi Triton (registration XDA 557) investigating police located the following items – a Volcom wallet containing a Victorian driver’s licence in the name of Nicholas Sinclair, a Victorian driver’s licence in the name of Daniel Trevaskis, a Velocity Frequent Flyer card in the name of Scott Phillips, a Victorian Health Care card in the name of Felicia Ujhelyi, a Medicare card in the name of Scott Phillips, a Medicare card in the name of Lauren Stapley, and a Powerpass card in the name of Nicholas Sinclair.
[see indictment charge 35 – handle stolen goods]
During a search of the above vehicle, investigating police also located the following items of property suspected of being the proceeds of crime; namely, a black jewellery box containing a silver coloured necklace and ear rings, a black ladies “Just Jeans” jacket, a “Fossil” watch box, a silver coloured bracelet, a “Sony MP3 Walkman”, an “Apple I-Pod”, a “Beats” headphones box, a resealable bag containing assorted keys, a black box containing a pair of diamond style ear rings and two gold coloured rings, a “Fitbit” watch, a “Fossil” watch, a “Guess” watch, $24.20 in loose change, $38.90 in a horoscope money tin, two “Toshiba” portable hard drives and a pair of “Lacoste” sunglasses, an “Abcon” fluorescent jacket, a fluorescent yellow, orange and silver vest, a pair of dark grey “Hard Yakka” shorts, a pack of “Bic” lighters, a black “Samsung” tablet, a white “Apple I-Phone”, eleven assorted rings and a set of ear rings, a makeup tin, an eyelash adhesive, a liquid foundation container, three sanitary pads, a makeup sponge, four assorted ladies rings, a bottle of “Versace” cologne, an empty “Prouds” box and a “Bevilles” box, a gold coloured ring, a pair of bolt cutters, a crowbar, a black backpack, a “The Mad Hueys” satchel bag, three ladies watches, an orange and blue long sleeve fluorescent shirt, a black jewellery box containing a silver coloured necklace and ear rings, two sets of “Holden” keys, a “Mitsubishi” set of car keys on a lanyard, $24.20 in loose change, a “Ford” car key with electronic gym tag, a “Ford” car key with a bottle opener, a grey “Quicksilver” back pack, a “Jim Beam” bottle and two “Toyota” car keys.
[see summary charge 105 - deal with property suspected of being proceeds of crime]

During a search of the above vehicle, investigating police also located a meat cleaver.
[see summary charge 110 - possess controlled weapon]

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Director of Public Prosecutions v Harrison [2020] VCC 1025

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[2020] VCC 1025

10 July 2020