Director of Public Prosecutions v Henderson
[2023] VCC 1567
•21 July 2023
| IN THE COUNTY COURT OF VICTORIA | Revised Not Restricted Suitable for Publication |
AT MELBOURNE CRIMINAL JURISDICTION
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| JAMES HENDERSON |
---
CR 23-00543
| JUDGE: | HIS HONOUR JUDGE CARMODY |
| WHEREHELD: | Melbourne |
| DATEOF HEARING: | 21 July 2023 |
| DATEOF SENTENCE: | 21 July 2023 |
| CASEMAYBECITEDAS: | DPP v Henderson |
| MEDIUMNEUTRALCITATION: | [2023] VCC 1567 |
REASONS FOR SENTENCE
---
Subject: CRIMINAL LAW – Sentence
Catchwords: Aggravated burglary – aggravated recklessly expose emergency worker to risk by driving – theft – common assault – criminal damage – make threat to inflict serious injury – attempted burglary
Cases cited:Hogarth v The Queen [2012] VSCA 302; Worboyes v The Queen [2021] VSCA 169; R v Verdins (2007) 16 VR 269
Sentence:Convicted and sentenced to nine years and nine months imprisonment with a non-parole period of eight years imprisonment.
---
| APPEARANCES: | Counsel | Solicitors |
| For the Director of Public Prosecutions | Ms M. Sargent | Director of Public Prosecutions |
FortheAccused | Ms J. Swiney | May Lawyers |
VICTORIAN GOVERNMENT REPORTING SERVICE
(Prepared by Legal Transcripts Pty Ltd) 236212
HIS HONOUR:
1James Robert Henderson, on 21 July 2023, that is today at the County Court of Victoria, Melbourne, you pleaded guilty to the following charges on indictment no. N12399315:
Charge 1, theft of a car. Charge 2, theft of petrol. Charge 3, theft of petrol.
Charge 4, aggravated recklessly expose emergency worker to risk by driving, and is a rolled-up charge.
Charge 5, theft of a motor car.
Charge 6, conduct endangering persons of serious injury. Charge 7, aggravated burglary.
Charge 8, common assault. Charge 9, theft of $200.
Charge 10, attempted burglary.
Charge 11, criminal damage, that is where you smashed a glass door. Charge 12, aggravated burglary.
Charge 13, criminal damage, which was when you smashed up the bathroom; and
Charge 14, threat to inflict serious injury, that is also a rolled-up charge involving two persons.
2Charges 6, 8, 10 and 14, have maximum penalties of five years' imprisonment.
3Charges 1, 2, 3, 4, 5, 9, 11 and 13 have maximum penalties of 10 years' imprisonment. And Charges 7 and 12 have maximum penalties of 25 years' imprisonment.
4You consented to related Summary Charges numbered: 20, 23 and 24 being heard at your plea hearing. You pleaded guilty to each of those charges and are as follows:
Charge 20, unlawful assault with a kitchen knife. This charge has a maximum penalty of two years' imprisonment.
Charge 23, is unlicenced driving, has a maximum penalty of six months' imprisonment; and
Charge 24, driving exceeding the drug limit. This charge has a maximum penalty of 20 penalty units.
You have admitted your prior criminal record both here in Victoria and interstate, which is Western Australia, New South Wales, and the Northern Territory. Your criminal history sheet in Victoria is 55 pages in length. I will not traverse all of your criminal history, but the most relevant is on 19 September 2022, only five to six weeks before these offences started, you were placed on a drug and alcohol treatment order at the County Court for an aggregate term of two years and nine months for attempted aggravated burglary and aggravated burglary with a person present, and other dishonesty charge.
5You have been a persistent and consistent offender from 1995 until the present and have offended in four separate states or territories. In respect of the charges of aggravated burglary and attempted aggravated burglary, you have been dealt with by the courts for that offence, on no less than 24 occasions. On average, that is an aggravated burglary for every year past conscription age of 20 years old for you.
6The Court of Appeal in Hogarth v The Queen [2012] VSCA 302, has given guidance to sentencing courts on the proper approach to sentencing offenders, such as yourself, which I will return to later in my reasonings.
7You have been in custody on remand in respect to these charges for 91 days.
The circumstances of your offending
8The prosecutor tendered a Summary of Prosecution Opening for Plea dated
9 June 2023, it was Exhibit “A”. The prosecutor read her summary of that opening into the record of the court. I attach Exhibit “A” to these reasons for sentence, so that the full context of your offending is known to you and to any other person interested in your penalty.
9At the time of your offending, you were 44 years old and had been placed on a drug treatment order by the County Court on 19 September 2022 for two years and nine months.
Charge 1
10On the evening of the 26 and 27 October 2022, you stole a 2021 Audi Q3 from Ms Ann Darwent, by taking her handbag from within her premises. The handbag contained the keys to her car. Ms Darwent was in her home at the time.
Charge 2
11On 27 October 2022, you drove Ms Darwent's car to the Coles Express service station at 800 Burke Road in Camberwell and put fuel in the car. You drove away without paying for it.
Charge 3
12On 29 October 2022, at about 1 am, you drove Ms Darwent's car to a 7-Eleven service station on Clayton Road, in Clayton. You put fuel in the vehicle and drove away again without paying for it.
Charge 4
13On 31 October 2022, you were caught on CCTV driving Ms Darwent's vehicle near the 7-Eleven store in St Kilda. Shortly after this you drove near the St Kilda police station.
14At approximately 11.50 am, Sergeant Fribence exited the police station at St Kilda wearing his full uniform. Sergeant Fribence observed you within the driver seat of Ms Darwent's car. He then was approximately 20 metres from you and describes you wearing something red over your head and you had a grey coloured t-shirt on.
15Sergeant Fribence has then entered the marked police car and followed you as you drove around St Kilda. As this occurred, Sergeant Fribence and yourself were parked near each other in traffic and stared at one another. After conducting a check through D24 Police Operations, Sergeant Fribence was then made aware that the vehicle you were driving was a stolen vehicle and requested backup. This request was answered by Senior Constable Thomas Perry, who at that time was in plain clothes and travelling in an unmarked vehicle.
16Sergeant Fribence has then observed you reverse Ms Darwent's vehicle into a lane off Carlisle Street in St Kilda. CCTV footage depicts your car reversing into the laneway near the dental care clinic in St Kilda. Senior Constable Perry has then positioned the unmarked police car at an angle on the left-hand side of the laneway approximately a metre from your vehicle and Sergeant Fribence has then positioned the marked police vehicle at an angle on the right-hand side of the laneway as shown on the CCTV footage. Sergeant Fribence has then placed his vehicle in park and went to get out of it, however before doing so, he made eye contact with yourself and heard you revving up the engine of that car. Senior Constable Perry has then thought that you looked shocked in seeing police were there and thought he saw you mouth the word, 'Fuck'.
17Sergeant Fribence has then observed the vehicle being driven directly at him and his marked police car, as shown in the CCTV footage. There was then a heavy
impact to the police car that Sergeant Fribence was in, which caused to set off the airbags and obscure his view. He was dazed for a short time after that incident.
18Senior Constable Perry observed you immediately accelerate towards the police vehicles and collide with each of them. He heard your vehicle's engine revving heavily and it continued to accelerate pushing a gap between the two police cars. Senior Constable Perry later identified you from a photo board.
19You then left the area around about midnight. That was the charge of aggravated recklessly expose an emergency work to risk by driving.
20You abandoned Ms Darwent's vehicle, and the police located it around about 1 o'clock in the morning, in a driveway in Tennyson Street, Elwood.
Summary Charge 20
21At around 1 pm, Adrian Aylward had left his residence and was driving along Scott Street in Elwood, approaching a roundabout which intersected with Tennyson Street. Also in the vehicle was his wife and child. You were observed walking from the pharmacy on the corner of Scott Street and Tennyson Street, still with the red outfit on and at this stage you had two long butcher's knives in your hand. You were then seen to run towards their vehicle and hold up the knives in a threatening manner, making the occupants of the car believe that you were dangerous and that you were out to cause trouble. That was the basis for Summary Charge 20, which is assault.
22 I will now refer to the charges on the indictment. Charge 5
23Mr Aylward then drove past you, as you went into the driveway of Scott Street,
Elwood. Ms Lucy Whyte was moving several items from her residence to her white Volvo station wagon, which was in the driveway and left unlocked with the keys and her mobile phone inside the car. You stole her car and Mr Aylward saw you driving away in it on Scott Street.
Charge 6
24You were then observed driving the white Volvo by police. You drove the vehicle in an erratic and fast speed, by crossing the middle of the road into the path of oncoming traffic and nearly colliding with those cars. On the Nepean Highway you were observed to travel at 90-100 kilometres per hour in the 80 zone. You crossed into oncoming traffic and then back into your own lanes and then again further crossed onto the footpath.
25At one point, police followed you into Rockbrook Road in St Kilda, which is a dead- end street. At this time, you were observed making a U-turn and then accelerated in a fast rate towards the police car which had its emergency lights activated. The police members were required to manoeuvre their car behind a parked car to allow you to pass and get out. Those members believed you would have rammed their vehicle if they had not moved out of the way. That is the basis for Charge 6, conduct endangering persons.
26 You then abandoned the white Volvo in Bright Street in Brighton. Charges 7, 8 and 9
27At approximately 1.30 pm, Jennifer Bagshaw, was working from her residence in
Davies Street in Brighton East. CCTV footage has you entering the property holding a large kitchen knife in your right hand. Ms Bagshaw had heard a noise from within her residence and decided to investigate. Upon entering the kitchen, Ms Bagshaw saw you standing at the island bench, rummaging through her handbag. That is the charge of aggravated burglary.
28Ms Bagshaw has then challenged you and said, 'What the fuck are you doing in my house?' Surprised you turned towards her revealing you had a knife in your hand. While still holding the knife you have demanded Ms Bagshaw's car keys stating that, 'Where are your keys? I want your car.' Ms Bagshaw responded stating loudly, 'Fuck off and get the fuck out of my house.' You then started to move towards Ms Bagshaw, causing her to initially run out the back door, however returning moments later in order to get you to leave.
29Ms Bagshaw walked into the kitchen area and saw that you had moved her handbag onto the dining room table. She then picked up a chair and told you to get out.
30Ms Bagshaw has then observed you to become angry. You then leant over the chair being held by her and started forcing a knife towards her in an erratic stabbing motion. You made this stabbing motion three or four times and on one occasion stabbed the bottom of the chair which was being held by Ms Bagshaw.
31At this point you then ran out of the residence. Ms Bagshaw chased you out, yelling that you had a knife and that someone should call the police. You told her, 'I'm going' and 'fuck off'. Ms Bagshaw told you to return her money, causing you to throw the $200 you had taken onto the ground, which is also captured on CCTV. That is the charge of theft. In simple terms, Ms Bagshaw was just too good for you. She and other neighbours followed you as you fled.
Charges 10 and 11
32You then entered the rear yard of Locke Street and attempted to enter that property by using a pot plant to smash the rear sliding door, but you were unsuccessful in gaining entry. You then caused damage to the rear sliding door and frame, which had to be replaced. The cost of that repair was the sum of
$3,149.74. And that is the charge of attempted burglary and criminal damage.
Charge 12
33You then climbed over the fence and into the backyard of Cludon Street in Brighton. At this time police were trying to locate and apprehend you. As such, they surrounded the property whilst you had entered that premises in possession of a knife by forcing the rear door and cutting the flyscreen of the premises. That is the charge of aggravated burglary.
Charge 13
34You barricaded yourself in the premises. Police negotiators attempted to engage with you, but you were erratic and threatening in your response to negotiators. You were armed with a knife. At approximately 2.18 pm, police entered the
residence and noticed that you had barricaded yourself into the bathroom by then. Police attempted to encourage you to surrender yourself.
35You continued to be confrontational and extremely hostile towards them, encouraging them to breach the door, so that there would be a confrontation. Police then started to hear sounds that were consistent with plaster walls being stabbed or hit and the porcelain being smashed. It was later discovered that you had damaged the following items: a sliding door, the toilet and smashed holes in the bathroom walls. The police negotiators remained in the house while you were bailed up in the bathroom.
Charge 14
36At approximately 2.27pm, you stated the following twice to Mr Mancini, “I'll chop your fucking head off.” From this time, Mr Mahoney-Wintle attempted to engage with you. You responded by stating, “I just want to take youse out for a fuckin' death knock.” You were then heard stabbing the plaster walls within the bathroom and further stated, “This is for you cunts.” Mr Mahoney-Wintle then asked you how you believe the situation was going to finish. You stated, “Well, hopefully I'm gonna stab one of youse.” And that is Charge 14, threat to inflict serious injury.
Summary Charges 23 and 24
37You then opened the door to the bathroom and were immediately apprehended by police. Whilst being given your caution, you stated to the police, “You're a sick cunt, go watch Pulp Fiction mate.” After your arrest you were then taken to the Alfred Hospital for observation at approximately 7.40 pm. Samples of your blood were taken and tested, which revealed the presence of methylamphetamine, that is the basis for Summary Charge 24, drive whilst exceeding prescribed drug limit. Furthermore, after enquiries were made and not surprisingly you were an unlicenced driver. That is your offending for Summary Charges 23, unlicenced driving.
Victim Impact Statement
38Ms Pedersen, who was the owner and resident of the property where you were arrested, has filed a victim impact statement, it was Exhibit “B”. Thankfully, she was not home at the time you entered it. She was informed of your presence by the police whilst you were holed up in her home.
39She had to organise the repairs and pay for them after you left. She had worked her whole life as a dedicated teacher, and you come along and trash her house. It is not just the physical damage to her home that affects her. She is an elderly person living alone. You have caused her great distress and caused her to doubt her safety in her own home. She is vigilant in checking doors and windows regularly. She of course, had to pay for the uninsured parts of the damage that you caused to her home. The most significant effect of your actions is her mental upset.
Your personal circumstances
40You were 44 at the time of the offending, you are now 45. You are the eldest child of two children. Your younger brother is employed in the Australian Defence Force. Your parents are alive and recently left from Frankston and moved interstate. You have an ongoing and good relationships with members of your family, although your mother has been greatly upset by this latest round of offending by you, and as I understood it, those you had offended against.
41When you were growing up, your family moved around to fit in with your father's work. You attended three primary schools and three secondary schools. You describe yourself as an above average student getting good grades. You completed Year 11. You had two unsuccessful attempts at Year 12, this was because you were sent to Turana for a period of six months for offending at that time.
42You completed an engineering traineeship in Oakleigh over a period of three years. You worked as a glazier. You then moved to North Queensland where you
did some labouring work on farms up there. You then worked in the mining industry in Western Australia. You ultimately returned to Victoria. You were drinking heavily and using heroin. You currently have a job in the prisons, as a baker.
43You have no children. You have had two relationships, one when you were very young, and the other in Perth where you both engaged in substance abuse.
44You have a history of mental illness. You were initially diagnosed with bipolar disorder with psychotic features in 2003. You have been diagnosed with schizo- effective disorder in 2004. That diagnosis is confirmed by Danielle Kocic, psychologist in her report dated 5 July 2023, which is Exhibit 4 in this plea.
45You have been admitted to hospital for psychiatric conditions. In 2008, you were in The Royal Melbourne Hospital for three days, as report by Dr Roberts in her report dated 28 June 2018, which was Exhibit 3. In 2015, you were admitted to Frankston Psychiatric Unit for three weeks when on parole. You have never required treatment under the Mental Health Act.
46You have a long-term history of alcohol and substance abuse. You have used and abused alcohol, heroin, Xanax, amphetamines and methylamphetamine. At the time of these offences, you were on a drug treatment order for approximately six weeks. On 30 January this year, your drug treatment order was cancelled, and you were sentenced to 28 months' imprisonment, with a 20 month non-parole period.
47You were examined by Carla Ferrari, psychologist, which is Exhibit 5 for the purpose of this proceeding. On formal testing of you, her opinion was:
(a)There is an absence of depressive symptoms.
(b)You exhibited mild anxiety symptoms.
(c)You did not meet the threshold for PTSD.
(d)You have severe drug-related problems that placed you in the high-risk range for harmful substance abuse at the time of the offending.
(e)You had a history of hazardous and harmful drinking.
(f)You posed a high risk of re-offending; and
(g)You meet the criteria for alcohol use, opioid use, stimulant use, and Sedative, Hypnotic, Anxiolytic Use Disorder.
48Ms Kocic recommends you remain engaged in mental health treatment including counselling and taking your prescribed medication, which is Seroquel.
49You have 91 days pre-sentence detention in respect of these charges. You have an extensive criminal history. You have spent most of your life in prison. You remain there today.
Sentencing considerations
50The basic purpose for which a court may impose a sentence of just punishment, deterrence both specific and general, rehabilitation and denunciation of your actions, and the protection of the community. In sentencing you, I must have regard to a range of factors such as the seriousness of your offending, your culpability for it and your personal circumstances.
51I am also required to balance the interest of the community in denouncing your criminal conduct with the interests of the community in seeking to ensure as far as possible, that you as an offender are rehabilitated and reintegrated into society.
52I am also required to take into account current sentencing practices in fixing your sentence. That enquiry is direct particularly but not exhaustively to the kinds of sentencing imposed in comparable cases and the statistics for those cases. I have considered the statistics and the current sentencing practices, mindful that each case must be considered in the light of its own particular circumstances, and many of the cases would be distinguishable from yours as indeed they are from one
another. Ultimately, current sentencing practices is but one of the factors I must take into account when fixing your sentence.
53You have pleaded guilty to these offences. Your plea does have the utilitarian value of allowing for the orderly and effective administration of justice and there is a certainty of outcome and resolution of the substantive issues raised by your offending.
54Your plea allows for the preservation of court and police resources to deal with other matters, and your plea vindicates the public confidence in the legal system set up to protect the community.
55Your plea is also a clear acknowledgement by you that you accept responsibility for your criminal behaviour on these occasions. Your plea also recognises you are willing to facilitate the course of justice in the community and I accept that your plea to these charges indicates and demonstrates some remorse on your part.
56Your plea of guilty has avoided the necessity and further trauma to your victim's from needing to give evidence in a committal or trial.
57You are also making your plea at a time when the courts are under strain due to the backlog of trials caused by the COVID-19 pandemic. You are entitled to the sentencing discount enunciated in Worboyes case.
58I take into account your criminal history. It is extensive, as your first adult court appearance was in 1995 through to September 2022. I also take into account the offending occurred whilst you were on a drug treatment order for similar offending. You have nine interstate court appearances; you have 25 court appearances in Victoria. In all places, you have no less than 24 court appearances for aggravated burglary or attempted aggravated burglary.
59You have a prior criminal history for each of the types of offending in this case. I take into account you have been sentenced to 28 months with a non-parole period
of 20 months in January of 2023, for the charges that had been the basis for the drug treatment order which was imposed on you in September 2022.
60The objective seriousness of your aggravated burglaries is indicated by the following factors:
(a)You have smashed your way into one of the premises.
(b)You have entered both premises by the rear of those premises.
(c)The offences occurred in the middle of the day when it is highly likely a person would be present in the premises, one was, and thankfully your second victim, an elderly lady was not at home at the time you entered it.
(d)You were armed with a knife when you entered both the properties; and
(e)Whilst not a part of the aggravated burglary charge, you attacked one of your victims with the knife when she challenged you.
61I have focused attention on the seriousness of the aggravated burglary charges because of the guidance given to sentencing courts in paragraph 63 of the case of Hogarth v The Queen, in combination with your prior criminal history for that charge.
62Further, Parliament has made specific provisions for the cumulation of sentences for Charge 4 on this indictment. In the context of the overall offending and the principles of totality, I have ordered that only part of the sentence that I imposed in Charge 4 is to be served cumulatively in respect of the other charges in this proceeding, and the sentences you are currently serving for previous offending.
63An order of full cumulation for the sentence in Charge 4 would result in a crushing sentence and would not be a just sentence in the overall sentencing process. Your offending against other persons and property occurred over a five-day period, where you were effectively a one-man crime wave. You exhibited total disregard
for civilians going about their lives, police doing their duty, and smashing up and stealing property belonging to others.
64Specific deterrence is a significant sentencing factor in your case.
65Your counsel submitted that Bugmy considerations applied to your sentencing disposition. I do not accept this in your case. You have been raised in a loving and supporting family. You were ejected from the family home approximately at age 15, because you would not stop using drugs, despite their entreaties to you. You had been sentenced to Turana YTC for offending and know little about what happened there. However, it is alleged that you were sexually interfered with there. You continue to have family support but elected to continue alcohol and drug use and developed an impressive criminal history as a result. In 2004/5 you were diagnosed with schizo-effective disorder. By then you were well into your criminal lifestyle.
66Your counsel also submitted that Verdins principles had application for you. I accept that you have had a diagnosis of schizo-effective disorder.
67At the time of these offences, you were on a drug treatment order from 19 September 2022. You spent approximately five weeks in the community under that order without offending. You were then struggling with being in the community. That is Exhibit 2. However, it is not until you go on your drug-fuelled binge of alcohol and heroin and then ultimately methylamphetamine, that you offend in the manner described in this case. Self-intoxication does not mitigate your offending.
68On your own report to Ms Kocic, which is Exhibit 5, you are well settled in the prison setting, with a trusted position, seven days a week in the kitchen at Port Phillip Prison. You are medicated on 300 milligrams of Seroquel. Your schizo-effective disorder does not make your time in prison more onerous, and you have just adjusted to a settled routine in that position within prison.
69I assess your prospects of rehabilitation is poor. You offended whilst you were on your best chance to rehabilitate, that is the drug treatment order. Your prior criminal history is over a long and entrenched period of time. Your prior criminal history has direct relevance to every charge before the court. You have done it all before. Nothing will change for you until you decide and only you decide, to remain abstinent from alcohol, opioids, stimulants, or any other illicit substances, only you can control that change.
70In sentencing you for the charges before me, I am required to stand back and look at the overall picture and decide whether the total of what would otherwise be an appropriate sentence, is a fair and reasonable sentence to impose, taking into account the cumulation for this sentence on the sentences that you are currently serving.
71The totality principle is a principle of sentencing formulated to assist the courts when sentencing an offender for a number of offences, as in your case, and where there is more than one sentence passed on different indictments in a different court in a relatively short space of time. I am required to make sure that the totality of the consecutive sentences is not excessive. I must look at the totality of the criminal behaviour and determine what the appropriate sentence if for all of the offences. This does not mean I judge or assess the sentence previously imposed on you. It requires me to take the sentence into account when assessing the appropriate level of cumulation of these sentences on the sentence that you are currently serving.
72In your case in January 2023, you were sentenced to 28 months' imprisonment with a non-parole period of 20 months. I am required to fix a new non-parole period in respect of that sentence and the sentence I am about to impose on you for the charges before this court.
73I have moderated the individual sentences and the cumulation of those sentences, so the principle of totality is not offended, and that your total sentence is not a
crushing one. I have fixed a non-parole period which will give you the opportunity to move back into the community with the assistance and supervision of the Adult Parole Board, should you be granted parole.
74Your offending is serious, and the only appropriate disposition is a term of imprisonment with a non-parole period and the principles of general and specific deterrence combined with just punishment, denunciation of your actions and the protection of the community dictate that a term of imprisonment is the only appropriate sentence.
75Would you stand please.
76You are sentenced as follows on the indictment charges:
·Charge 1, you are convicted and sentenced to one year imprisonment.
·Charge 2, you are convicted and sentenced to seven days' imprisonment.
·Charge 3, you are convicted and sentenced to seven days' imprisonment.
·Charge 4, you are convicted and sentenced to 18 months' imprisonment.'
·Charge 5, you are convicted and sentenced to one year imprisonment.
·Charge 6, you are convicted and sentenced to one year imprisonment.
·Charge 7, you are convicted and sentenced to six year's imprisonment, that is the base sentence.
·Charge 8, you are convicted and sentenced to one year imprisonment.
·Charge 9, you are convicted and sentenced to seven days' imprisonment.
·Charge 10, you are convicted and sentenced to two years' imprisonment.
·Charge 11, you are convicted and sentenced to one year imprisonment.
·Charge 12, you are convicted and sentenced to five years' imprisonment.
·Charge 13, you are convicted and sentenced to one year imprisonment.
·Charge 14, you are convicted and sentenced to six months' imprisonment.
·In respect of related Summary Charge 20, you are convicted and sentenced to two months' imprisonment.
·In respect of related Summary Charge 23, you are convicted and sentenced to one month imprisonment.
·In respect of related Summary Charge 24, you are convicted and fined
$500.
77In terms of cumulation, as I say Charge 7, is the base sentence of six years, with the following cumulation upon that charge:
(a)Two months from Charge 1.
(b)Six months from Charge 4.
(c)Two months from Charge 5.
(d)One month from Charge 6.
(e)Two months from Charge 8.
(f)Two months from Charge 10.
(g)One month from Charge 11.
(h)Two years from Charge 12.
(i)Two months from Charge 13.
(j)Two months from Charge 14 and
(k)One month from related Summary Charge 1.
78That is a total effective sentence of nine years and nine months.
79I order that 12 months of the total effective sentence of nine years and nine months be served concurrently with the current state sentence you are undergoing.
80I fix a new non-parole period of eight years' imprisonment from this day.
81Pursuant to s6AAAA, but for your plea of guilty in these cases, I would have sentenced you to 12 years and six months, with a non-parole period of nine years and three months.
82I declare you have served 91 days pre-sentence detention in respect of these offences.
83I order that in respect of indictment charges numbered 1, 4, 5, 6 and Summary Charge 24, that all licences are cancelled, and you are disqualified for a period of 24 months.
84In respect of a compensation order that is s86, I make the compensation order sought, and as I understand it you concede to that, and I also make the disposal order which you have also conceded to.
85Now, can someone check, first of all my arithmetic, and check that the order I've made in respect of s 14 and s16(3AD) is right? You can take a seat.
86MS SARGENT: Just while my instructor's doing some math there Your Honour. Firstly, in respect of the opening and it's an error I made to not make it clear, Mr Henderson is charged with theft of a motor vehicle, Charge 1 on the indictment on the basis of being - of driving the motor vehicle that he knew was stolen.
87HIS HONOUR: Yes.
88MS SARGENT: But he's not. Those three paragraphs about how the motor vehicle came to be stolen, he's not alleged to have entered into Ms Darwent's home and taken the keys and those matters. I just wanted to make that clear.
89HIS HONOUR: Yes.
90MS SARGENT: And the prosecution's perspective Your Honour the total effective sentence is correct.
91HIS HONOUR: And thank you for bringing that to my attention. Also, the correction about the facts. I have only sentenced him for the theft, I've just drawn a line through some dots to make the comments I made about sentence. Are you right with the arithmetic?
92MS SWINEY: Yes, Your Honour.
93HIS HONOUR: Yes. And is the cumulation, sorry, the concurrency orders make sense?
94MS SWINEY: Yes, Your Honour, that's correct.
95HIS HONOUR: Yes. All right. Thank you. Mr Henderson you've got a long time to think about what you do when you get out. Think about giving up the grog and the drugs.
96PRISONER: I might give it up, yeah.
97HIS HONOUR: Yes, thank you. You can remove the prisoner. Counsel, thank you for your assistance.
98COUNSEL: As Your Honour pleases.
- - -
IN THE COUNTY COURT OF VICTORIA Indictment No: N12399315
AT MELBOURNE Court Ref: CR-23-00543
CRIMINAL JURISDICTION
IN THE MATTER OF Section 182 of the Criminal Procedure Act 2009
DIRECTOR OF PUBLIC PROSECUTIONS
-v-
JAMES ROBERT HENDERSON SUMMARY OF PROSECUTION OPENING FOR PLEA
Date of Document:
Filed on behalf of:
Prepared by:
Abbey Hogan
Solicitor for Public Prosecutions 565 Lonsdale Street
Melbourne VIC 3000
09 June 2023
Director of Public Prosecutions
Solicitors code:
Reference:
Telephone:
BACKGROUND
1. James Robert HENDERSON, born May 1978, herein referred to as the offender, was aged 44 years at the time of the offending and is currently 45 years old. The offender was subjected to a Drug and Alcohol Treatment Order during the period of offending.
2. The matter has resolved to the following charges:
No. Offence Maximum Penalty 1 Theft, 74 Crimes Act 1958 Level 5 Imprisonment (10 years maximum) 2 Theft, 74 Crimes Act 1958 Level 5 Imprisonment (10 years maximum) 3 Theft, 74 Crimes Act 1958 Level 5 Imprisonment (10 years maximum) 4 Aggravated Recklessly Expose Emergency Worker to Risk by Driving, 317AF Crimes Act 1958
* Rolled-up charge.
Level 5 Imprisonment (10 years maximum) RSO 20 Assault with Weapon, 23 Summary Offences Act
* Rolled-up charge.
15 pu or imprisonment for 3 months. 5 Theft, 74 Crimes Act 1958 Level 5 Imprisonment (10 years maximum)
6 Reckless Conduct Endanger Serious Injury, 23
Crimes Act 1958
Level 6 Imprisonment (5 years maximum) 7 Aggravated Burglary, 77(1) Crimes Act 1958 Level 2 Imprisonment (25 years maximum) 8 Common Assault Level 6 Imprisonment (5 years maximum) 9 Theft, 74 Crimes Act 1958 Level 5 Imprisonment (10 years maximum) 10 Attempted Burglary, 76 Crimes Act 1958, pursuant to 321M Crimes Act 1958 Level 6 Imprisonment (5 years maximum) 11 Criminal Damage, 197(1) Crimes Act 1958 Level 5 Imprisonment (10 years maximum) 12 Aggravated Burglary, 77(1) Crimes Act 1958 Level 2 Imprisonment (25 years maximum) 13 Criminal Damage, 197(1) Crimes Act 1958 Level 5 Imprisonment (10 years maximum) 14 Threat to Inflict Serious Injury, 21 Crimes Act 1958
* Rolled-up charge.
Level 6 Imprisonment (5 years maximum) RSO 23 Unlicenced Driving, 18(1)(a) Road Safety Act 1986 Not exceeding 60 penalty units or to imprisonment for not more than 6 months. RSO 24 Drive Whilst Exceeding PCD, 49(1)(bb) Road Safety Act 1986 First offence - fine of not more than 12 penalty units; Second offence - fine of not more than 60 penalty units.
OFFENDING
1. On the 26th of October 2022, at approximately 10.00pm, Ms Ann DARWENT went to sleep within her residence.1
2. During this time, her 2021 Audi Q3, Victorian registration [omitted] was parked in front of her residence,2 a key to her vehicle was kept near the front door of the residence, and her handbag containing her house keys, vehicle keys, two Commonwealth Bank Cards, her Medicare Card, and her Victoria Driver Licence, was stored within her bedroom.3
3. On the 27th of October 2022, at approximately 7.30am, Ms DARWENT woke up4 and noticed her handbag was missing, and that a key to her vehicle had been located within the hallway.5 Upon exiting her residence, Ms DARWENT saw that her vehicle was missing.6
4. On the 27th of October 2022, at approximately 8.45pm, the Accused was depicted on CCTV attending the Coles Express Service Station located at 800 Burke Road, Camberwell within
1 Statement of Ann DARWENT, [3].
2 Statement of Ann DARWENT, [7].
3 Statement of Ann DARWENT, [4], [6].
4 Statement of Ann DARWENT, [3].
5 Statement of Ann DARWENT, [4], [6].
6 Statement of Ann DARWENT, [7].
The Accused was depicted putting fuel into the vehicle and then driving away. The Accused made no attempt to pay for the fuel. (Charge 1 and 2 – Theft)
5. On the 29th of October 2022, at approximately 12.50am, the Accused was depicted on CCTV attending the 7-Eleven Service Station located at 187 Clayton Road, Clayton within [omitted]. The Accused was depicted putting fuel into the vehicle and then driving away. The Accused made no attempt to pay for the fuel. (Charge 3 – Theft)
6. On the 31st of October 2022, at approximately 11.44am, the Accused was captured on CCTV footage driving [omitted] at the 7-Eleven St. Kilda.7 During this time, the Accused was shown to be wearing a red jumper over his head and chest, and a grey coloured t-shirt.
7. At approximately 11.50am, Sergeant Craig FRIBENCE (‘Sgt FRIBENCE’) exited the St. Kilda Police Station wearing full police uniform.8 Sgt FRIBENCE observed the Accused within the driver’s seat of [omitted]. Sgt FRIBENCE was approximately 20 metres away from the Accused 9 and describes him as wearing something red over his head, and a grey coloured t-shirt.10
8. Sgt FRIBENCE then entered a marked police car and followed the Accused as he drove through St. Kilda. As this occurred Sgt FRIBENCE and the Accused were parked near each other in traffic and starred at each other.11
9. After conducting a check through D24 Police Operations, Sgt FRIBENCE was made aware that [omitted] was a stolen vehicle and requested another police unit attend his location to assist. This request was answered by Senior Constable Thomas PERRY (‘SC PERRY’), who at the time was wearing plain clothes and was in an unmarked vehicle.
10. Sgt FRIBENCE then observed the Accused reverse [omitted] into a laneway off Carlisle Street.12 CCTV footage depicts a grey sedan reversing into the laneway next to Dental Care St Kilda at approximately 11:59:28am.13 SC PERRY then positioned the unmarked Police car at an angle on the lefthand side of the laneway,14 approximately one (1) metre from the Accused’s vehicle.15 CCTV
7 Exhibit 3 – CCTV footage, 7-Eleven St Kilda.
8 Statement of Craig FRIBENCE, 1.
9 Statement of Craig FRIBENCE, 1.
10 Statement of Craig FRIBENCE, 2.
11 Statement of Craig FRIBENCE, 1.
12 Statement of Craig FRIBENCE, 2.
13 Exhibit 5 – CCTV footage, Dental Care St. Kilda.
14 Statement of Craig FRIBENCE, 2.
15 Statement 1 of Thomas Perry, [5].
footage depicts this occurring at 11:59:33am.16 Sgt FRIBENCE positioned the marked police car at an angle on the righthand side of the laneway.17 CCTV footage depicts this occurring at 11:59:37am.18
11. Sgt FRIBENCE then placed his vehicle in park and went to exit the vehicle, however, before doing so made eye contact with the Accused and heard the engine of [omitted] getting louder. SC PERRY thought the Accused looked shocked upon seeing Police and thought he saw the Accused mouth the word, ‘Fuck’.19
12. Sgt FRIBENCE then observed the vehicle to be driven directly at him/the marked police vehicle. CCTV footage depicts this occurring at 11:59:40am. Approximately 3 seconds after the marked police car parked.20 Sgt FRIBENCE felt a heavy impact and could feel his vehicle being pushed back towards a set of tram tracks behind him. The airbags within his vehicle deployed obscuring his vision. The event left him dazed for a short time and shaken after the incident.21
13. SC PERRY observed the Accused immediately accelerate toward the police vehicles and collide with each. He heard the vehicle’s engine revving heavily and it to continue to accelerate pushing a gap between the two police cars.22 SC PERRY later identified the Accused from a photoboard.23
14. The Accused left the area at approximately 11:59:45am within [omitted].24 (Charge 4 – Aggravated Recklessly Expose Emergency Worker to Risk by Driving)
15. At approximately 12.54pm Police located [omitted] parked within the driveway of [omitted] Elwood. During a search of the vehicle police located paperwork within the boot in the name of the Accused.25 The vehicle was subsequently seized and towed to a police compound for forensic examination.26
16. At approximately 1.00pm Adrian AYLWARD (‘A.AYLWARD’) had left his residence and was driving along Scott Street, Elwood, approaching a roundabout which intersected with Tennyson Street.27
16 Exhibit 5 – CCTV footage, Dental Care St. Kilda.
17 Statement of Craig FRIBENCE, 2.
18 Exhibit 5 – CCTV footage, Dental Care St. Kilda.
19 Statement 1 of Thomas Perry, [8].
20 Exhibit 5 – CCTV footage, Dental Care St. Kilda.
21 Statement of Craig FRIBENCE, 3.
22 Statement 1 of Thomas Perry, [9].
23 Statement 2 of Thomas Perry; Exhibit 25 – Photoboard, INC220352349-PB.
24 Exhibit 5 – CCTV footage, Dental Care St. Kilda.
25 Statement of Paul BUSBY, [11].
26 Statement of Meredith LAW, [10]-[13]; Statement of Paul BUSBY, [10]-[12].
27 Statement of Adrian AYLWARD, [2], [3].
Also within the vehicle was Chelsea AYLWARD (‘C.AYLWARD’) and their 10 year old daughter, Lulu AYLWARD (‘L.AYLWARD’).
17. The Accused was observed walking from a pharmacy on the corner of Scott Street and Tennyson Street wearing a red cape and holding two (2) long butchers’ knives in his left hand.28 The Accused was then observed to run towards the vehicle and hold up the knives in a threatening way29 making the occupants believe he was dangerous and out to cause trouble.30 (Related Summary Charge 20 – Assault)
18. A.AYLWARD then conducted a U-turn and drove back past the Accused.31 He continued to watch the Accused walking in and out of a driveway and then down a pedestrian access at 28 Scott Street. 32 Senior Constable Callum BOLTON (‘BOLTON’) who was performing a mobile petrol of the area in an attempt to locate the Accused and also saw him walking down a driveway along Scott Street.33
19. During this time Lucy WHYTE (‘WHYTE’) was moving a number of items from her residence and her white Volvo station wagon, Victorian Registration [omitted] which was parked within her driveway. 34 WHYTE had left her vehicle unlocked with the keys and her mobile telephone inside.35
20. A.AYLWARD then observed [omitted] being driven by the Accused reverse quickly into the street, and then drive away from the area along Scott Street.36 Two separate police members made similar observations as A.AYLWARD but did not actually see the Accused driving the vehicle.37 (Charge 5 – Theft)
21. Soon after, the Accused was observed by Police driving [omitted] from Scott Street, Elwood through multiple suburbs. During this time police describe the Accused’s driving as ‘highly erratic, taking corners at a fast rate of speed and failing to stay within the lane markings.’38 The Accused
28 Statement of Adrian AYLWARD, [3], [5].
29 Statement of Adrian AYLWARD, [4]; Statement of Chelsea AYLWARD, [6].
30 Statement of Adrian AYLWARD, [6].
31 Statement of Adrian AYLWARD, [6].
32 Statement of Adrian AYLWARD, [7]-[10].
33 Statement of Callum BOLTON, [8].
34 Statement of Adrian AYLWARD, [9]; Statement of Lucy WHYTE, [2].
35 Statement of Lucy WHYTE, [6].
36 Statement of Adrian AYLWARD, [12]-[14].
37 Statement of Callum BOLTON, [9]; Statement of Thomas PERRY, [15].
38 Statement of James BARTHOLOMEUSZ, [10].
was observed crossing the middle of the road and driving into oncoming traffic, nearly colliding with several vehicles,39 and driving at a fast rate of speed whilst weaving through traffic.40
22. Another motorist observed the Accused’s driving whilst he travelled southbound on the Nepean Highway. During this time, the four lanes of highway were occupied with traffic moving in both directions.41 The Accused was observed overtaking vehicles at approximately 90 to 100 km/hr in an 80 km/hr zone. The Accused was observed moving [omitted] into oncoming traffic, back into one of the centre lanes, and then onto a footpath as the traffic built up.42 At one point the Accused slowed to a stop to let the other vehicles pass and then took off again, accelerating quickly.43
23. At one point, police followed the Accused into Rockbrook Road, St. Kilda, a dead-end street. At this time the Accused was observed making a u-turn and then accelerating at a fast rate towards a police car which had its emergency lights activated. The police members were required to manoeuvre behind a parked vehicle to allow the Accused to pass.44 Those members believe the Accused would have rammed their vehicle if they had not moved out of the way.45 (Charge 6 – Conduct Endangering Persons)
24. [omitted] was later located abandoned at [omitted] Bright Street, Brighton. Police seized the vehicle, photographing it in situ before having it towed to a police compound.46 During a forensic examination police located and seized a large kitchen knife from the front passenger door pocket of the vehicle.47
25. At approximately 1.30pm, Jennifer BAGSHAW (‘BAGSHAW’) was working from her residence at [omitted] Brighton East. CCTV footage captured the Accused entering the property holding a large kitchen knife in his right hand.48
26. BAGSHAW heard a noise from within her residence and decided to investigate. Upon entering the kitchen BAGSHAW saw the Accused standing at the island bench rummaging through her handbag.49 (Charge 7 – Aggravated Burglary)
39 Statement of James BARTHOLOMEUSZ, [11]; Statement of Thomas PERRY, [17]; Statement of Steven HEMINWAY, [6]-[8].
40 Statement of James BARTHOLOMEUSZ, [14].
41 Statement of Marianne STILLWELL, [3], [11].
42 Statement of Marianne STILLWELL, [4]-[5], [7].
43 Statement of Marianne STILLWELL, [7].
44 Statement of James BARTHOLOMEUSZ, [13]; Statement of Thomas PERRY, [20].
45 Statement of James BARTHOLOMEUSZ, [13]; Statement of Thomas PERRY, [20].
46 Statement of Kaitlyn JONES-MONASH, [4]-[7].
47 Statement of Christopher DELANEY, 3.
48 Exhibit 10 – CCTV Footage of 4 Davies Street, Brighton.
49 Statement of Jennifer BAGSHAW, [2], [4].
27. BAGSHAW stated, “Who that fuck are you, what the fuck are you doing in my house.’ Surprised, the Accused turned towards BAGSHAW revealing a knife in his hand.50
28. Whilst still holding the knife the Accused demanded BAGSHAW’s car keys stating, “where are your keys, I want your car.” 51 BAGSHAW responded repeatedly stating loudly, “Fuck off” or “Get the fuck out of my house.”
29. The Accused started to move towards BAGSHAM causing her to initially run out the back door,52 however, to return moments later in an effort to get the Accused to leave. BAGSHAW walked into the kitchen area, and saw that the Accused had moved her handbag to the dining room table.53 BAGSHAM then picked up a chair and told the Accused to get out.54
30. BAGSHAM observed the Accused to become angry. He then leant over the chair being held by BAGSHAW and starting ‘forcing the knife towards her in an erratic stabbing motion.’ He made this stabbing motion 3 to 4 times and on one occasion stabbed the bottom of the chair.55 (Charge 8 – Common Assault)
31. After this point the Accused ran from the residence56 and BAGSHAW chased him yelling that he had a knife and for someone to call the police. 57 The Accused told her ‘I’m going’ and ‘fuck off’.58 BAGSHAW told the Accused to return her money causing him to throw $200 cash on the ground which is also captured on CCTV footage.59 (Charge 9 – Theft)
32. BAGSHAW and a number of other persons from neighbouring properties then started to follow the Accused as he attempted to flee. BAGSHAW observed the Accused enter and then immediate exit [omitted] Grant Street, and [omitted] Grant Street.60 During this time the Accused told BAGSHAW that the Police already knew he was there, pointing to a helicopter in the sky. BAGSHAW told the Accused to do the right thing, to which the Accused responded, “someone’s going to die here today.’61
50 Statement of Jennifer BAGSHAW, [4].
51 Statement of Jennifer BAGSHAW, [5].
52 Statement of Jennifer BAGSHAW, [6].
53 Statement of Jennifer BAGSHAW, [9].
54 Statement of Jennifer BAGSHAW, [7].
55 Statement of Jennifer BAGSHAW, [7].
56 Statement of Jennifer BAGSHAW, [8].
57 Statement of Jennifer BAGSHAW, [10].
58 Statement of Jennifer BAGSHAW, [11].
59 Statement of Jennifer BAGSHAW, [11]; Exhibit 10 – CCTV Footage of 4 Davies Street, Brighton.
60 Statement of Jennifer BAGSHAW, [18]-[19].
61 Statement of Jennifer BAGSHAW, [20]-[21].
33. The Accused then entered the rear yard of [omitted] Locke Street and attempted to enter the property using a pot plant to smash a rear sliding door but was unsuccessful in gaining entry. The Accused caused damage to the rear sliding door and frame which had to be replaced. The cost of the repair was $3,149.74. (Charge 10 – Attempted Burglary | Charge 11 – Criminal Damage)
34. At approximately 1.39pm, Victoria Police Airwing footage depicted the Accused armed with a silver colour bladed kitchen knife climbing over the rear fence of [omitted] Locke Street and into the rear yard of [omitted] Brighton.62
35. At this time, Police were trying to locate the Accused and apprehend him. As such, they surrounded the property whilst the Accused entered the residence in the possession of the knife by forcing a rear door open and cutting a flyscreen.63 (Charge 12 – Aggravated Burglary)
36. Police Crisis Negotiators, Senior Constable Julian MANCINI (‘MANCINI’) and Sergeant Jesse MAHONEY-WINTLE (‘MAHONEY-WINTLE’) approached the front of the residence and observed the Accused inside brandishing a knife and holding a bottle of alcohol.64 Negotiations commenced and continued with the Accused either yelling at Police before moving into a different part of the residence or remaining mute. The Accused eventually became abusive, agitated, and threatening. Police formed the view that he wanted to confront them.65
37. At approximately 1.45pm, Victoria Police Airwing footage depicted the Accused within the residence and still armed with the silver colour bladed kitchen knife.66
38. At approximately 2.18pm, Police entered the residence and noticed that the Accused had barricaded himself in a bathroom next to the living area. Police attempted to encourage the Accused to surrender himself.67 The Accused continued to be confrontational and extremely hostile towards Police, encouraging them to ‘breach’ the door so that there would be a confrontation.68
39. Police then stated to hear sounds that were consistent with plaster walls being stabbed and hit, and porcelain being smashed. It was later discovered that the Accused damaged the following items: (Charge 13 – Criminal Damage)69
62 Exhibit 12 – Police Airwing Footage; Appendix 7 – Still Images from Airwing Footage.
63 Statement of Janet PEDERSON, [10]; Statement of Julian MANCINI, [11]; Statement of Jesse MAHONEY-WINTLE, [12]
64 Statement of Julian MANCINI, [8]
65 Statement of Julian MANCINI, [13]; Statement of Jesse MAHONEY-WINTLE, [13]
66 Exhibit 12 – Police Airwing Footage; Appendix 7 – Still Images from Airwing Footage.
67 Statement of Julian MANCINI, [14]
68 Statement of Julian MANCINI, [17]
69 Statement of Janet PEDERSON, [7]; Statement of Julian MANCINI, [17], [19].
a. Removing the sliding door and damaging the door tracks.
b. Smashing the toilet.
c. Punching holes into the bathroom walls.
40. At approximately 2.27pm, the Accused stated the following twice to MANCINI, “I’ll chop your fucking head off”.70 From this time, MAHONEY-WINTLE attempted to engage with the Accused. The Accused responded by stating, “I just wanna take youse out for a fucking death knock”. The Accused was then heard stabbing the plaster walls within the bathroom and further stated, “This is for you cunts!”. MAHONEY-WINTLE then asked the Accused how he believed the situation would resolve, to which he stated, “Well, hopefully I’m gonna stab one of youse!” (Charge 14 – Threat to Inflict Serious Injury)
41. At approximately 2.27pm, the Accused opened the door to the bathroom and was immediately apprehended by Police. Whilst being given his caution and rights, the Accused stated to Police, “You’re a sick cunt. Go watch Pulp Fiction mate.”
42. After his arrest, the Accused was taken to the Alfred Hospital for observation. At approximately
7.41pm two samples of blood were taken from the Accused. An analyst of his blood sample revealed the presence of 0.28 mg/L of methylamphetamine.71 (Charge 24 – Drive whilst exceeding PCD)
43. Furthermore, a VicRoads Extract shows that on 31 October 2022 the Accused was an unlicenced driver.72 (Charge 23 – Unlicenced driving)
70 Statement of Julian MANCINI, [18]; Statement of Jesse MAHONEY-WINTLE, [15]
71 Statement of Elizabeth JENKINS, 1.
72 Exhibit 26 – VicRoads Extract.
ANCILLARY MATTERS
Maximum Penalty and Sentencing Act Provisions
44. The maximum penalties and Sentencing Act provisions are listed in the table below.
Prior Convictions
45. The Accused has relevant prior convictions.
Victim Impact Statement
46. One (1) victim impact statement is sought to be relied upon.
6AAA
47. The offender plead guilty at the earliest opportunity. A proceedings chronology is tabled below.
Pre-Sentence Detention
48. At the time of the plea hearing the offender has accumulated 91 days of pre-sentence detention.
Disposal/Compensation
49. A disposal order and compensation order is sought by the Prosecution.
CHRONOLOGY
| HEARING DATE | HEARING TYPE |
| 19 September 2022 | Accused placed on a DATO (CR-22-00662; CR-22-00664; CR-22-00665; CR- 22-00666) |
| 26 – 31 October 2022 | Offending | Arrested |
| 7 November 2022 | Filing Hearing |
| 1 December 2022 | DATO cancelled (CR-22-00662; CR-22-00664; CR-22-00665; CR-22-00666) |
| 30 January 2023 | Accused resentenced on previous matter. Committal Mention – Adjourned: Defence – Time to consider resolution. |
| 14 February 2023 | Resolution offer made by Defence |
| 3 March 2023 | Committal Mention – Adjourned: Prosecution – Time to consider resolution. |
| 21 March 2023 | Resolution reached. |
| 4 April 2023 | Committal Mention – Committed: Pleaded Guilty |
| 21 July 2023 | Plea Hearing |
MAXIMUM PENALTY AND SENTENCING ACT PROVISIONS
| NO. | OFFENCE | MAXIMUM PENALTY | STANDARD SENTENCE SS 5A AND 5B | CAT 1 OR 2 OFFENDING | CONTINUING CRIMINAL ENTERPRISE OFFENCE |
| 1 | Theft, 74 Crimes Act 1958 | Level 5 Imprisonment (10 years maximum) | N/A | N/A | No |
| 2 | Theft, 74 Crimes Act 1958 | Level 5 Imprisonment (10 years maximum) | N/A | N/A | No |
| 3 | Theft, 74 Crimes Act 1958 | Level 5 Imprisonment (10 years maximum) | N/A | N/A | No |
| 4 | Aggravated Recklessly Expose Emergency Worker to Risk by Driving, 317AF Crimes Act 1958 * Rolled-up charge. | Level 5 Imprisonment (10 years maximum) | N/A | Cat 2 (NB: A term of imprisonment must be served cumulatively unless otherwise directed by the Court, s. 16(3D) of the Sentencing Act 1991.) | No |
| RSO 20 | Assault with Weapon, 23 Summary Offences Act * Rolled-up charge. | 15 pu or imprisonment for 3 months. | N/A | N/A | No |
| 5 | Theft, 74 Crimes Act 1958 | Level 5 Imprisonment (10 years maximum) | N/A | N/A | No |
| 6 | Reckless Conduct Endanger Serious Injury, 23 Crimes Act 1958 | Level 6 Imprisonment (5 years maximum) | N/A | N/A | No |
| 7 | Aggravated Burglary, 77(1) Crimes Act 1958 | Level 2 Imprisonment (25 years maximum) | N/A | N/A | No |
| 8 | Common Assault | Level 6 Imprisonment (5 years maximum) | N/A | N/A | No |
| 9 | Theft, 74 Crimes Act 1958 | Level 5 Imprisonment (10 years maximum) | N/A | N/A | No |
| 10 | Attempted Burglary, 76 Crimes Act 1958, pursuant to 321M Crimes Act 1958 | Level 6 Imprisonment (5 years maximum) | N/A | N/A | No |
| 11 | Criminal Damage, 197(1) Crimes Act 1958 | Level 5 Imprisonment (10 years maximum) | N/A | N/A | No |
| 12 | Aggravated Burglary, 77(1) Crimes Act 1958 | Level 2 Imprisonment (25 years maximum) | N/A | N/A | No |
| 13 | Criminal Damage, 197(1) Crimes Act 1958 | Level 5 Imprisonment (10 years maximum) | N/A | N/A | No |
| 14 | Threat to Inflict Serious Injury, 21 Crimes Act 1958 * Rolled-up charge. | Level 6 Imprisonment (5 years maximum) | N/A | N/A | No |
| RSO 23 | Unlicenced Driving, 18(1)(a) Road Safety Act 1986 | Not exceeding 60 penalty units or to imprisonment for not more than 6 months. | N/A | N/A | No |
| RSO 24 | Drive Whilst Exceeding PCD, 49(1)(bb) Road Safety Act 1986 | First offence - fine of not more than 12 penalty units; Second offence - fine of not more than 60 penalty units. | N/A | N/A | No |
0
4
10