Director of Public Prosecutions v Height
[2015] VCC 1129
•17 August 2015
| IN THE COUNTY COURT OF VICTORIA | Revised Not Restricted Suitable for Publication |
AT MELBOURNE
CRIMINAL DIVISION
Case No. CR-15-00888
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| ADAM HEIGHT |
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JUDGE: | Grant | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 17 August 2015 | |
DATE OF SENTENCE: | 17 August 2015 | |
CASE MAY BE CITED AS: | DPP v Height | |
MEDIUM NEUTRAL CITATION: | [2015] VCC 1129 | |
REASONS FOR SENTENCE
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Mr N. Hutton | OPP |
| For the Accused | Mr D. Cronin | Emma Turnbull Lawyers |
HIS HONOUR:
1 Adam Height, you have pleaded guilty to 13 counts on indictment number E11725319.
2 You have also consented to this court dealing with a number of related summary charges.
3 The prosecution has presented a summary of your offending. I do not intend to repeat it. It has been tendered as Exhibit A in the plea proceedings.
4
Briefly, on 4 April 2014, you were seen by police in the driver’s seat of a parked white Holden station wagon on the side of Serpentine Road, Serpentine. As the police approached, you drove off at a fast rate of speed. The police pursued you. You travelled at a speed that was estimated to be in excess of 170 km/h. You briefly drove on the incorrect side of the Old Boort Road and turned right into Raymond Durham Ox Road. At this time the police pursuit was abandoned for safety reasons. This behaviour constitutes
Charge 1 on the indictment. When you committed this offence you were a disqualified driver. This is a related summary offence.
5 On 2 May 2014, you were seen by police at a service station in Serpentine. You were in the driver’s seat of a Holden station wagon. As the police drove towards you, you drove off. The police pursued you. During that pursuit, your speed was estimated at 190 km/h. The police abandoned the pursuit for safety reasons. This behaviour is the basis of Charge 2 on the indictment. You were a disqualified driver at the time. You were also using number plates that had not been issued to that vehicle. These two charges are related summary offences.
6 On 22 May 2014, the police executed a search warrant at 20 Moray Crescent, North Bendigo. You were arrested at that address. The Holden station wagon was seized from the rear of those premises. Firearms, drugs, money and property suspected of being the proceeds of crime, were located in the car and in the house.
7 When you were arrested by the police, you were unfit to be interviewed. You were suffering from delusions and hallucinations. It seems that you were suffering from a drug induced psychosis. You have been prescribed anti-psychotic medication whilst in prison.
8 A summary of the items seized, where they were found and the charges to which the items relate, is as follows –
· A Bettinsoli double-barrelled shotgun which had been converted to a handgun by having the barrel and stock shortened, located in the house - Charge 3.
· Homemade pen pistol located in the house – Charge 4.
· Unregistered semi-automatic Ruger Mk-1 handgun with loaded magazine and silencer located between the driver’s seat and the centre console of the car – Charges 5 and 6.
· Bolt action rifle with scope in black carry case located on the rear passenger seat of the car – Charge 7.
· A BRNO .22 rifle fitted with scope located in the rear cargo area of the car – Charge 8.
· A Marlin model lever action rifle with scope and five rounds of ammunition in a scabbard on the firearm stock, located in the rear cargo area of the car – Charge 9.
· A squibman .22 rifle fitted with scope located in the rear cargo area of the car – Charge 10.
· 26 ecstasy tablets, 75 grams of methylamphetamine and 86 grams of cannabis found in various snap lock bags in the car – Charges 11, 12 and 13.
· Ammunition located in the car and the house - a related summary offence of possession of ammunition.
· A Taser found in the car - a related summary offence of possess prohibited weapon.
· $54,951 in cash found in the car – a related summary offence of dealing with property suspected of being the proceeds of crime.
· A large amount of property seized from the house - related summary offence of dealing with property suspected of being the proceeds of crime.
9 Mr Height, this is very serious offending. On two occasions you drove a motor vehicle whilst disqualified. On both occasions when the police tried to intercept you, you drove away at high speed. On the first occasion you drove briefly on the incorrect side of the road. The maximum penalty for the offence of reckless endangerment is five years' imprisonment.
10 When the police did apprehend you, they discovered a veritable arsenal in your motor vehicle. A loaded unregistered handgun with silencer was located near the driver’s seat. Four rifles were also in the car. A sawn off double-barrelled shotgun was found at the house. Ammunition was found in the house and the car. The maximum penalty for Charges 3, 4, 5, 7, 8, 9 and 10 is ten years' imprisonment. The maximum penalty for Charge 6 is eight years' imprisonment.
11 A huge amount of property suspected of being the proceeds of crime was found in the house and a large amount of cash was found in the car. You have pleaded guilty to trafficking methylamphetamine, ecstasy and cannabis. All of those drugs were found in the car. Cleary, you were making considerable money from selling drugs. It is also safe to conclude that you armed yourself to protect your drug dealing. The maximum penalty for drug trafficking is 15 years' imprisonment.
12 Mr Height, in this case, general deterrence, just punishment and denunciation are all highly relevant sentencing considerations.
13 You have relevant prior criminal convictions for driving offences, dealing with property suspected of being the proceeds of crime and drug trafficking. Your driving priors include a conviction for drive whilst disqualified and drive at a dangerous speed. In 2010, for offences of traffic cannabis, deal with property suspected of being the proceeds of crime and other offences, a Magistrate at Bendigo placed you on a community corrections order for 12 months. The order had conditions designed to assist your rehabilitation. You breached the order. In December 2010, the County Court dealt with an appeal from the Magistrates' Court and released you on a suspended sentence and a community corrections order for driving offences. You breached both orders. In 2011 at the Bendigo Magistrates’ Court, you were dealt with for offences of drive whist disqualified, traffic cannabis, traffic ecstasy and deal with property suspected of being the proceeds of crime. You were sentenced to 16 months imprisonment with a minimum term of ten months before you would be eligible for release on parole.
14 Given this history, specific deterrence and protection of the community are also highly relevant sentencing considerations.
15 I note that you are currently undergoing a sentence of imprisonment. You were remanded in custody on 22 May 2014. On 17 July 2014, you were sentenced at the Bendigo Magistrates’ court to an effective term of 20 months imprisonment with a ten month minimum before you would be eligible for release on parole. This sentence was imposed for a large number of offences including driving offences, drug offences and dishonesty offences. Fifty one days was declared as pre-sentence detention. You would have been eligible for parole on 27 March 2015. You did not seek parole because the current matters were outstanding.
16 I now move to the matters concerning your background and those matters in mitigation.
17 You are a 26 year old man. You did not have a happy childhood. You describe your mother and father’s relationship as, ‘On again, off again’. Your father and mother were cannabis users and set a bad example for you. Your father also used other drugs and spent time in custody. You were afraid of him and he would become aggressive when withdrawing from drugs. Your counsel told me that he also abused alcohol. In addition, your uncle who was only two years older than you, bullied you. He came to live with your family when you were 12 years old. At the start of your teenage years, you were diagnosed with ADHD. You were often in trouble at school and you left towards the end of Year 9. I am satisfied that there should be some moderation of sentence to reflect the hardship of your early years.
18 Given this background it is perhaps not surprising that you began to abuse drugs. You began using cannabis as a teenager and, at the age of 22, began using ecstasy and ice. At the time you were remanded in May 2014, you were a heavy user of drugs.
19 Your counsel told me that when you were about 18 years of age, a number of events occurred in your life that had a significant impact. Both your grandparents died. One of them you were particularly close to. During that same year, you were the victim of a home invasion. You were stabbed in the back three times and, as a result suffer on-going back pain. This event was apparently the catalyst for your mother leaving the home and endeavouring to re-build her life. Soon after the home invasion you discovered your father after he had attempted suicide. Your counsel told me that after the home invasion, your life went downhill with your drug use escalating and related criminal offending. You have been in and out of jail since 2010.
20 Dr Cunningham, forensic psychologist has assessed you. In his report, he confirms that you have been prescribed anti-psychotic medication whilst in prison. He notes that since being prescribed Olanzapine, you are no longer experiencing auditory hallucinations and delusions. Dr Cunningham opines that you suffer from post-traumatic stress disorder. I have no reason to doubt the diagnosis. I accept his opinion that imprisonment will weigh more heavily upon you than it would for someone without that disorder. I accept that your sentence should be moderated because of the application of the fifth and sixth limbs of Verdins.
21 Mr Height, you are entitled to credit for your early plea of guilty. Your plea also indicates remorse and saves the community the cost and expense associated with a criminal trial. You will be given credit for these matters.
22 I am guarded about your prospects for rehabilitation. I accept that your mother is willing to support you. She has been in a new relationship for some time. She is prepared for you to live with her upon your release from prison. She is also willing to try and obtain work for you in the catering industry where she is employed. On the other hand, I cannot ignore the fact that you have not made the most of the chances given to you in the past to rehabilitate. When you have been living in the community, you have not been able to stop using drugs. Your prospects for rehabilitation are very much dependent on your willingness to remain drug free upon your release back into the community.
23 I accept your counsel’s submission that I am required to ensure that my sentence complies with the totality principle. In fixing sentence, I acknowledge that you have now been in custody for 15 months.
24 Mr Height, will you stand please.
25 You will be convicted on all charges and sentenced as follows –
· Charge 1 – nine months' imprisonment.
· Related summary offence of drive whilst disqualified – three months' imprisonment.
· Charge 2 – nine months' imprisonment.
· Related summary offence of Drive whilst disqualified – three months' imprisonment.
· Related summary offence of using number plates not issued for that car – fined $200.
· Charges 3 to 10 – Aggregate period of imprisonment of 30 months'. This is the base sentence.
· Related summary offence of possess ammunition – fined $1200.
· Related summary offence of possess prohibited weapon, namely a Taser – four months' imprisonment.
· Charge 11 - 12 months' imprisonment.
· Charge 12 - 30 months' imprisonment.
· Charge 13 – three months' imprisonment.
· Related summary offence of dealing with property suspected to be the proceeds of crime – 15 months' imprisonment.
· Second related summary offence of dealing with property suspected of being the proceeds of crime – 15 months' imprisonment.
26 I order that 14 months of the sentence on Charge 12, two months of the sentence on Charge 11, one month of the sentence on Charge 1 and one month of the sentence on Charge 2 be served cumulatively upon each other and the aggregate sentence imposed on Charges 3 to 10. This makes a total effective sentence of four years' imprisonment. I fix a minimum term of two years before you will be eligible for release on parole. I declare that you have served five days by way of pre-sentence detention.
27 Pursuant to s.6AAA of the Sentencing Act, I declare the sentence I would have imposed on a guilty verdict after trial to be six years with a four year minimum.
28 I make the forfeiture orders and the disposal order sought by the prosecution.
29 You can seated there, Mr Height.
30 OFFENDER: Thank you, Your Honour.
31 HIS HONOUR: The prisoner can be removed.
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