Director of Public Prosecutions v Hollands
[2016] VCC 1113
•25 July 2016
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
Case No. CR-16-00794
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| MICHAEL HOLLANDS |
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JUDGE: | HIS HONOUR JUDGE DEAN | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 21 July 2016 | |
DATE OF SENTENCE: | 25 July 2016 | |
CASE MAY BE CITED AS: | DPP v Hollands | |
MEDIUM NEUTRAL CITATION: | [2016] VCC 1113 | |
REASONS FOR SENTENCE
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Ms S Coombes | Office of Public Prosecutions |
| For the Accused | Mr J Marquis | Leo Cussen Institute |
HIS HONOUR:
1 Michael Stephen Henry Hollands, you pleaded guilty to one charge of Culpable driving causing death contrary to s.318 of the Crimes Act 1959. The maximum penalty for that offence is 20 years imprisonment.
2 You pleaded guilty at committal mention and I have taken your early plea into account in your favour in mitigation of sentence. I also accept that your plea of guilty is evidence of remorse in your case.
3 You have no prior convictions, subsequent convictions or outstanding charges.
4 Culpable driving causing death is a baseline offence for the purposes of the Sentencing Act 1991 but by reason of the decision of the Court of Appeal in the DPP v Walters [2015] VSCA 303, you will be sentenced without regard to the baseline sentencing provisions of the Act.
5 A Prosecution Opening was read to the court and tendered in evidence and your offending maybe summarised as follows -
6 At approximately 10.27 pm on Friday, 12 February 2016 you were riding your motorcycle in an easterly direction in Victoria Street, Abbotsford. The weather and road conditions were good. The street lighting in the area was also good and the traffic was moderate.
7 The victim of your offending, Mr Alan Robison was a pedestrian crossing Victoria Street from North to South. I have viewed CCTV footage of the collision that took place, which depicts Mr Robison standing in approximately the centre of Victoria Street attempting to cross. Your motorcycle approaches him and strikes him without deviating in any material way. As a result of the collision Mr Robison suffered catastrophic leg injuries and internal injuries including a lacerated liver from which he died in the Royal Melbourne Hospital on 14 February 2016.
8 You stopped your motorcycle approximately 100 metres down the road and walked back to the scene where Mr Robison was being attended to by passers by. You admitted that you had been drinking but attempted to explain the accident by stating that Mr Robison had appeared suddenly between parked cars. This account of the collision as plainly contradicted by the CCTV footage. You subsequently lied to investigating police, telling them that you were not the rider of the motorcycle that had struck Mr Robison. However it was quickly established that you were responsible for the collision and at 12.52 am on 13 February 2016, approximately two and a half hours after the collision, a blood sample taken from you revealed a blood alcohol concentration of .16 per cent.
9 In the opinion of Dr Sanjeev Gaya, a medical practitioner expert in relation to the effect of alcohol on driving, your blood alcohol level at the time of the collision would have been between .184 per cent and .208 per cent.
10 At the time of your collision your blood alcohol reading was therefore at least three times the legal limit, and you must have been significantly intoxicated. In my opinion you did not see Mr Robison on the roadway until immediately prior to striking him as a result of your significant intoxication.
11 The offence you have pleaded guilty to is plainly of the utmost seriousness, and in my opinion this is a serious example of that offence. When interviewed by investigating police you informed them that you had been consuming alcohol with work colleagues from approximately 4.30 pm on the day of the collision. It is clear that you must have consumed a very large quantity of alcohol and at the time you decided to ride your motorcycle home, you must have been aware that you were significantly intoxicated. In my opinion your moral culpability for your offending is high.
12 The sentence that I impose must be calculated to deter you and others from offending in this way. The extreme danger of drinking and driving is well known throughout the community and I have no doubt that you must have been aware of those dangers. Our community must be protected by the imposition of significant terms of imprisonment for this offence and you also must be punished for what you have done.
13 I have received in evidence two Victim Impact Statements of Mr Robison's daughters and a Victim Impact Statement of his son-in-law. Each of the statements attests to the profound grief that your offending has caused to them and to their families. It is clear that Mr Robison was a well respected and loved man of 83 years. He was fit and well and carried on employment as an accountant. His life was brought to an end by you in circumstances amounting to a serious criminal offence.
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I now turn to your personal circumstances. You were born in England on
24 September 1982 and you are now 33 years old. Your family is a stable and supportive one and your mother travelled from England to attend court for the plea hearing and your sentence. Your father is currently unable to travel as he is suffering heart disease. You have one older sister who also resides in England.
15 You completed year 10 at school and then commenced a carpentry apprenticeship, which is the occupation followed by your father and grandfather. It is apparent from work references tendered on your behalf that you are an able and responsible employee and tradesman.
16 I have also received in evidence a number of character references and three of your friends attended court during the plea hearing. I accept that you are a person of good character and you enjoy the respect and support of your peers and of your girlfriend.
17 You travelled to Australia in October 2012 with the purpose of residing here permanently. You currently have a permanent resident visa. In all probability this visa will now be cancelled and you will face deportation from Australia upon your release from prison. I accept that this matter will weigh upon you as you wish to live in this country permanently although your family reside in the United Kingdom as I have observed.
18 I have also received in evidence a report of Mr Bernard Healey, a clinical and forensic psychologist. I accept that in your adult years you have suffered from mild anxiety and depression for which you were taking medication at the time of your offending. Your psychological condition will increase the burden of imprisonment upon you and you are a first offender who has never been incarcerated before.
19 In my opinion your prospects for rehabilitation may properly be described as very good. I also accept that you fully appreciate the seriousness of your offending and you are remorseful for what you have done and its tragic consequences.
20 In the result the sentence of the court is as follows -
21 On the charge of culpable driving you are convicted and sentenced to be imprisoned for six years.
22 I direct that you serve four years imprisonment before becoming eligible for release on parole.
23 I declare that you have served four days by way of pre-sentence detention, not including today.
24 But for your plea of guilty I would have sentenced you to a total effective term of imprisonment of eight years and fixed a non-parole period of six years.
25 All licences held by you are cancelled and you are disqualified from obtaining a licence in the State of Victoria for a period of three years commencing on 13 March 2016.
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