Director of Public Prosecutions v Hobson

[2020] VCC 1702

IN THE COUNTY COURT OF VICTORIA Revised
Not Restricted
Suitable for Publication

AT MELBOURNE
CRIMINAL JURISDICTION

CR 19-01429

DIRECTOR OF PUBLIC PROSECUTIONS

v

EMILY HOBSON

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JUDGE:	HIS HONOUR JUDGE DEAN
WHERE HELD:	Melbourne
DATE OF HEARING:	19 October; 22 October 2020
DATE OF SENTENCE:	22 October 2020
CASE MAY BE CITED AS:	DPP v Hobson
MEDIUM NEUTRAL CITATION:	[2020] VCC 1702

REASONS FOR SENTENCE
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Subject: CRIMINAL LAW
Catchwords: Sentence – Plea of guilty – Dangerous driving causing death – Not keeping a proper lookout – Presence of methamphetamine in system – Momentary inattention – Low moral culpability – Complex psychological condition – Good prospects for rehabilitation – Suitable for Community Correction Order
Legislation Cited: Crimes Act 1958 (Vic); Sentencing Act 1991 (Vic)
Cases Cited: Bell v The Queen [2018] VSCA 281
Sentence: Total effective sentence – Community Correction Order for 2 years – s.6AAA declaration – Community Correction Order for 2 years and 6 months.

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr N. Hutton and Ms L. Dawson	The Office of Public Prosecutions
For the Accused	Mr L. Richter	Doogue & George Defence Lawyers

HIS HONOUR: 

1Emily Alyse Hobson, you have pleaded guilty to one charge of dangerous driving, causing death contrary to s.319(1) of the Crimes Act1958 (Vic). The maximum penalty for that offence is 10 years' imprisonment.

2You pleaded guilty following a sentence indication hearing.  On the day the matter was listed for a judge alone trial.  In that context, it is also notable that you were discharged by the magistrate at committal on 5 July 2020 and thereafter directly indicted in this Court by the Director of Public Prosecutions.

3Whilst it cannot be said that yours is an early plea of guilty, it has nevertheless spared the community and witnesses the burden of a trial during the
COVID-19 pandemic and in the circumstances that I have described.  I also accept that it is some evidence of remorse now for your offending and I have taken your plea into account in mitigation of sentence.

4You have admitted a limited court history for traffic offences which are of limited significance for sentencing purposes in this case, although in the past your driver's license has been suspended.

5An agreed prosecution opening was tendered in evidence and your offending may be summarised as follows –

6In the early hours of the morning on 3 March 2018, you decided to visit a friend who resided in Maribyrnong.  At 2.30 am you left your home in Garryowen Terrace in Tullamarine and turned left into the service lane of Mickleham Road.  The deceased, Colin Paea, was walking in the service lane and was on his way home from a nearby hotel.

7He was wearing a high visibility vest.  The road was dry and conditions clear and the area is very well lit.  After driving for 70 metres along the service lane, you struck Mr Paea causing his death.  Expert analysis revealed that you were travelling at 48 kilometres per hour when you collided with him.  The speed limit in the area is 50 kilometres an hour.  You saw Mr Paea on the roadway before you collided with him but you did not brake.  It would appear that you had a maximum of 4 seconds to react to his presence but it may well have been less than this from the moment that you first saw him.

8Following the attendance of police, you were conveyed to hospital and a blood sample was taken from you.  It revealed the presence of methylamphetamine and an antidepressant in your system.  The prosecution case, however, was not put on the basis that you were incapable of proper control of your motor vehicle by reason of the ingestion of these drugs. The fact that you consumed the methylamphetamine sometime prior to driving is one of the facts relied on to prove that your driving was dangerous for the purposes of the offence charged.

9The prosecution case is also based on the fact that you were not keeping a proper lookout for other road users and you were distracted from doing so when you glanced into a shop located on the service lane. 

10It was submitted on your behalf and accepted by the prosecution that your offending and moral culpability falls at the low end of seriousness of this offence and I agree.  This is a case of momentary inattention.  Nevertheless it must be recorded that your dangerous driving caused Mr Paea's death. 

11I have received in evidence a series of Victim Impact Statements prepared by members of his family detailing the grief and trauma that they have suffered by reason of his loss.  The statements are a graphic illustration of the shocking consequences of road trauma in our community.  It should be noted that you sat quietly in court as the statements were read and no doubt you found their contents deeply distressing. 

12During the course of the sentence indication hearing, I was referred to the recent decision of the Court of Appeal in Bell v The Queen [2018] VSCA 281, setting out the sentencing principles relevant in a case falling at the lower end of seriousness for this offence. Whilst it is clear that the sentence must be calculated to deter others from offending in this way, and the community and road users protected, it is apparent from the reasons of the Court that all of the purposes for which the sentence is to be imposed may in an appropriate case be met by the imposition of a sentence that does not involve imprisonment or detention in a case such as this.

13I now turn to your personal circumstances. 

14You were born on 20 May 1990 in Melbourne and you are now aged 30.  You were 27 at the time of your offending which was now in excess of two and a half years ago.  I accept that the delay in the finalisation of these proceedings has caused a high level of stress and anxiety for you. 

15Your parents separated when you were four years old and you continued to reside with your mother and disabled younger brother.

16Your brother suffers from severe autism and is often verbally catatonic.  This in turn has caused your mother a great degree of anxiety and you provide her with a high level of personal support. 

17I have received in evidence a series of medical and psychological reports detailing your background and current medical conditions.  You suffer from autism spectrum disorder and also attention deficit hyperactivity disorder.  These conditions have led you to develop a social adjustment disorder which has impaired your capacity for employment and the enjoyment of your life. It has also led you to becoming involved in abusive relationships which in turn has resulted in your developing post-traumatic stress disorder. 

18You have become socially isolated and have self-medicated with alcohol and illegal drugs of dependence.  You require treatment for your substance abuse disorder.  You are also described in the reports as suffering from, 'an overwhelming anxiety disorder'.

19Your complex psychological condition means that you require the support of a personal carer who accompanied you to court and further services are provided to you by the National Insurance Disability Scheme. 

20More recently, you have been diagnosed with keratoconus, a degenerative eye condition.  That means that you are no longer able to drive a motor vehicle. 

21Despite these enormous personal challenges, you are an intelligent and resilient young woman and I am confident that you will respond to appropriate community and professional supports and counselling.  Furthermore, I accept that it is unlikely that you will reoffend and your prospects for rehabilitation are good.

22It was accepted by the prosecution that a non-custodial disposition was appropriate in this case and I am firmly of the opinion that that is correct.

23You have been assessed as suitable for a Community Correction Order and in my opinion the purposes for which this sentence is to be imposed will be achieved by such a disposition. 

24For the reasons that I raised during the plea in mitigation, I have decided not to impose an unpaid community work condition in your case.  In my opinion your principle focus ought to be on building an independent life to the extent you are able and managing your complex psychological condition.

25In the result, the sentence of the court is as follows –

26On the charge of dangerous driving causing death you are convicted and sentenced to a Community Correction Order for a period of two years on the core conditions provided for in the Sentencing Act 1991 (Vic) and on the following special conditions –

(i)    that during the period of the order you will be under the supervision of a community correction worker;

(ii)  that during the period of the order you undertake mental health assessment and treatment; 

(iii) during the period of the order you undertake treatment for drug addiction; and

(iv)  that you attend for judicial monitoring on 22 February 2021 at 9.30 am before me at this Court.

27Do you agree to entering a Community Correction Order on those conditions,
Ms Hobson?

28HIS HONOUR:  Yes, thank you.  Ms Hobson, I will sign it and we will just get you to sign it as well. 

29But for your plea of guilty, I would have imposed a Community Correction Order for a period of two years and six months. 

30All driver's licenses held by you are cancelled and you are disqualified from obtaining a license in the state of Victoria for a period of three years.

31I will make the disposal order sought on behalf of the prosecution.

32MR RICHTER:  As Your Honour pleases.

33HIS HONOUR:  Any further orders?

34MS DAWSON:  As the court pleases.  No.

35HIS HONOUR:  No.

36MR RICHTER:  No, Your Honour.

37HIS HONOUR:  Yes, thank you.  All right, Ms Hobson, so you will have to attend back at court on 22 February next year and Corrections will provide to me a report as to your progress on the Community Correction Order.  A copy of it will be made by my staff and provided to you.  You have to contact the Sunshine Office of Corrections within 48 hours, so give them a ring this afternoon.  Tomorrow is a public holiday so it is probably best that you ring today, all right?  Thank you.  We will adjourn until 10 am next Wednesday, thank you.

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