Director of Public Prosecutions v Johnson

[2017] VCC 32

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

AT GEELONG
CRIMINAL JURISDICTION

CR 16-01801
CR 16-01915

DIRECTOR OF PUBLIC PROSECUTIONS

v

CAYCEE JOHNSON
DREW HANCOCK

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JUDGE:	HIS HONOUR JUDGE COISH
WHERE HELD:	Geelong
DATE OF HEARING:
DATE OF SENTENCE:	1 February 2017
CASE MAY BE CITED AS:	DPP v Johnson & Anor
MEDIUM NEUTRAL CITATION:	[2017] VCC 32

REASONS FOR SENTENCE
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Subject:
Catchwords:
Legislation Cited:
Cases Cited:
Sentence:

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr M. Senia
For Accused Johnson	Ms S. Mawby
For Accused Hancock	Ms M. Foley

Pages 1 - 21

 

HIS HONOUR:

1Drew Hancock and Caycee Johnson, can you stand up please.  Drew Hancock you have pleaded guilty to one charge of aggravated burglary, two charges of burglary, nine charges of handling stolen goods, ten charges of theft, three charges of obtain property by deception, one charge of attempt to commit an indictable offence, three charges of possession of a drug of dependence, together with 11 summary charges being:  commit indictable offence whilst on bail, Charges 15,17, 20,28, 30, 33, 36, 40 and 53, contravene bail condition charge 54 and deal with property suspected of being the proceeds of crime, Charges 58 and 15.

2Caycee Johnson, you have pleaded guilty to five charges of theft (motor vehicle) three charges of handling stolen goods, 11 charges of obtaining property by deception, two charges of attempt to commit an indictable offence, three charges of possession of a drug of dependence and two summary offences: possess a prohibited weapon, Charge 33, deal with property suspected of being the proceeds of crime, Charge 37. 

3The maximum penalties. In relation to aggravated burglary, 25 years' imprisonment.  Burglary, ten years' imprisonment.  Handling stolen goods, 15 years' imprisonment.  Theft, ten years' imprisonment.  Obtain property by deception ten years' imprisonment.  Attempting to obtain property by deception, ten years' imprisonment.  Possession of a drug of dependence, one years' imprisonment.  Possession of a drug of dependence, small quantity of cannabis, fined five penalty units.  Summary offences: commit offence whilst on bail, three months' imprisonment or 30 penalty units, possess a prohibited weapon contrary to s.5A, 240 penalty units or two years' imprisonment, deal with the proceeds of crime contrary to s.195, Crimes Act, two years' imprisonment and the offence of contravening bail conditions - can I just clarify?

4MR SENIA: Your Honour pursuant to s.38(A) for the Bail Act.

5HIS HONOUR:  Yes.

6MR SENIA:  The penalty should be 30 penalty units or three months' imprisonment.

7HIS HONOUR:  Is that agreed?

8MS FOLEY:  Yes, Your Honour.

9HIS HONOUR:  So the penalty, the maximum penalty, that was in relation to contravene bail conditions, three months' imprisonment or 30 penalty units. 

10It is unnecessary for me to recount the facts of the matter in detail as they are on transcript and contained in Exhibit 1, Summary of Prosecution Opening for the plea.  That opening was accepted by each of you through your counsel.  As this opening is so detailed and there are so many offences, I only propose to briefly describe the background to the offending and the general circumstances surrounding each offence. 

11You were in a relationship with each other at the time of these offences.  You were both unemployed and were heavy ice users.  On 3 May 2016 you were arrested at the Black Salt Motel situated at the Esplanade Geelong.  In your possession was property connecting you to 11 burglaries in the Geelong area between 26 March 2016 and 29 April 2016 including property which was stolen from the burglary at 67 The Esplanade, Geelong. 

12You, Hancock, have pleaded guilty to committing one aggravated burglary and two burglaries at three separate properties between 27 April 2016 and 29 April 2016.  You have also pleaded guilty to handling stolen goods, thefts of motor vehicles and obtaining property by deception from a further eight properties that were burgled between 26 March 2016 until your arrest on 3 May 2016.  There are a total of 15 victims across these offences.

13You Johnson have pleaded guilty to handling stolen goods, theft of motor vehicles and obtaining property by deception of seven properties that were burgled between 26 March 2016 until your arrest on 3 May 2016.  There are a total of 11 victims across these offences.

14In March 2016 Ian and Rhonda Gibbs' home in Hughes Street, Bell Park was burgled. Credit cards stolen from this property were used ten times on 26 March 2016 in the Newcomb area only hours after the burglary was suspected to have occurred.  Johnson, Charges 1, 2, 3, 4 and 5, obtain property by deception relate to the use of those credit cards by you, Johnson.

15A 2015 Honda HRV motor vehicle valued at approximately $20,000 was stolen from the Gibbs' home.  On 2 April 2016, you Johnson were intercepted by Police driving that motor vehicle.  Johnson, Charge 6, theft of a motor vehicle.

16On 10 April 2016 you, Hancock, were driving the second Honda stolen from the Gibbs home.  It was a Honda CRV valued at approximately $20,000.  Hancock Charge 1, theft of a motor vehicle.  On that day, you Hancock stole petrol valued at $63.  Hancock, Charge 2, theft.  You, Hancock, were arrested and the keys to the stolen Honda CRV were in your possession and a search of the Honda CRV identified a number of items of stolen property.  Hancock, Charges 3, 4 and 5, handling stolen goods and a summary charge, deal with a property suspected of being the proceeds of crime. 

17On 28 March 2016 you Hancock, drove the stolen Honda CRV to and from a service station where you stole petrol to the value of $64.95.  Hancock, Charge 6, theft. 

18On 9 April 2016, Elizabeth Moss who resided at Noble Street, Newtown, noticed her 2009 Mazda Sedan valued at about $15,000 had been stolen and her handbag of credit cards and other personal items was also missing.  These cards were used on 9 April 2016 in the Newcomb area only hours after the burglary was suspected to have occurred.  Johnson, Charge 7 and Hancock, Charges 7 and 8, obtain property by deception relate to the use of these cards.

19On 15 April 2016 there was a burglary at the Shay's premises in Grovedale.  Hancock, Charge 9 and Johnson Charge 8, theft of a motor vehicle relate to Shay's 2011 Toyota Corolla Sedan valued at approximately $10,000.  On 21 April 2016, a black 2015 Mercedes valued at approximately $50,000 belonging to Bruce Wyndham was stolen from his home.  Also stolen was Frances Wyndham's handbag with a number of credit cards and other personal items.  Hancock, Charge 10, obtain property by deception relates to Hancock's use of the stolen credit cards.

20On 25 April 2016 you, Hancock, were seen driving a stolen black Mercedes.  Hancock, Charge 11, theft, - and you Hancock, also attempted to buy goods with the stolen credit cards.  Hancock, Charge 12, attempt to obtain property by deception and summary charge attempt to commit an indictable offence whilst on bail.

21On that day you, Johnson, also attempted to use this victim's stolen credit card to purchase a bottle of Chivas Regal.  Johnson, Charge 9, attempt to obtain property by deception. 

22Now, I have just realised, if I can go back to the maximum penalties, I do not think I stated the maximum penalty for the summary charge of attempt to commit indictable offence whilst on bail.  Can you just clarify the maximum penalty for me for that?

23MR SENIA:  Your Honour, that appears to also be under s.30(B). So that would be three months as well. 

24HIS HONOUR:  Everyone is agreed with that?

25MS FOLEY:  Yes, Your Honour.

26MS MAWBY:  Yes, Your Honour.

27HIS HONOUR:  If we could insert where I recited the various maximum penalties, the maximum penalty in relation to attempt to commit an indictable offence whilst on bail, three months imprisonment or 30 penalty units.  Thank you, now, if we continue, I had just dealt with the use of the credit card to purchase the bottle of Chivas Regal.  That was the Johnson, Charge 9, attempt to obtain property by deception.

28On 24 April 2016, Gabrielle Millar's premises in Strachan Avenue, Manifold Heights were burgled.  When arrested on 3 May 2016 you were both found in possession of assorted jewellery belonging to Millar. Hancock, Charge 13, handling stolen goods and summary charge, committing an indictable offence whilst on bail.

29On 27 April 2016 there was a burglary and theft from Melissa Donaldson's premises in Napier Street Geelong West.  On 3 May 2016, upon your arrest you were both found in possession of a stolen jewellery box containing Donaldson's jewellery.  This property was located in a black bag inside a stolen white Ford Falcon Sedan in the car park of the Black Salt Motel.  Hancock, Charge 14, handling stolen goods and summary charge of committing an indictable offence whilst on bail.

30On 27 April 2016 there was a burglary and theft of items including credit cards from the premises of Terrence Kennedy.  Johnson charges 12, 13, 14, 15, 16 and 17, obtain property by deception relate to Johnson's use of these stolen credit cards.

31On 27 April 2016, CCTV footage from the BP Service Station at Norlane showed you, Johnson, arriving in the stolen black 2015 Mercedes. Johnson, Charge 11, theft.  When arrested on 3 May 2016, you were both found in possession of a wallet and personal cards belonging to Kennedy.  Hancock, Charge 15, handling stolen goods, summary charge of committing an indictable offence whilst on bail. 

32On 27 April 2016, there was a burglary and theft from Christopher Steen's premises in Herne Street, Manifold Heights.  The rear French door was forced open and house alarms activated.  The garage door had also been forced up.  The burglary was committed by you, Hancock, Charge 16 burglary.  Various items were stolen. Charge 17, theft and summary charge of commit indictable offence whilst on bail. 

33Hancock, Charge 18, aggravated burglary and Charge 19, theft, concern a burglary and theft in Manifold Heights on 27 April 2016. At about 4am, Alex Phipps, his wife and two year old child were asleep in their home in Herne Street, Manifold Heights.  Phipps awoke when he heard a thud.  He found a laundry light on and heard footsteps running down the driveway.  A set of house keys containing a torch and keys to a work place were stolen by you, Hancock.  As I have said, this was Charge 18, aggravated burglary, and Charge 19, theft and summary offence, commit indictable offence whilst on bail.

34On 27 April 2016 there was a theft of items from inside a Subaru motor vehicle belonging to Keith Jones and parked under a car port at his premises at 7 Herne Street, Manifold Heights.  When arrested on 3 May 2016 you were both found in possession of property belonging to Jones.  Hancock, Charge 20, handling stolen goods and summary charge commit indictable offence whilst on bail.

35On 29 April 2016 there was a burglary at the premises of Raymond Frost and Susan Trainor at 67 The Esplanade when the occupants were in Melbourne.  This burglary and the theft of car keys, assorted personal property and jewellery together with a 2013 Mercedes Benz Motor Vehicle valued at approximately $300,000 was committed by you, Hancock.  Hancock, Charge 21, burglary, Charge 22, theft, Charge 23, theft motor vehicle.

36It is relevant to note the observations of the crime scene officers who attended at this crime scene.  They determined that the offenders had jumped a side wall in order to gain access to the premises and smashed a window into the kitchen area at the rear of the main house with an unknown implement.  The hole in the broken window was large enough for a person of small stature to fit through. 

37It appears whilst inside the house the offenders entered and ransacked every room stealing in excess of $100,000 of multiple items in eight suitcases which included identity documents, passports, Australian currency, currency from the USA, Europe and Indonesia and jewellery.  The offenders had attempted to disable the alarm while removing a panel in the bar area, tampered with the phone lines and disconnected the CCTV system.  The offenders then decamped from the premises at about 10.15 pm after the alarm was activated on the rear house and the adjoining garage roller door was opened remotely.

38You were both arrested on 3 May 2015 at the Black Salt Motel.  The circumstances of that arrest and details of the vast array of items found in your possession are in the prosecution opening paragraphs 120-135. 

39There were various drugs found.  Hancock, Charge 24 and Johnson Charge 18, possession drug of dependence methyl amphetamine.  Hancock, Charge 25, Johnson, Charge 29 possession drug of dependence, cannabis L and Hancock, Charge 26, Johnson, Charge 20, Possession drug of dependence ecstasy.  Hancock, summary charge of committing indictable offence whilst on bail.

40There was a small canister of OC spray.  Hancock and Johnson, summary offence, possession prohibited weapon. 

41Hancock, Charge 27 and Johnson, Charge 22, handling stolen goods relates to numerous items belonging to Frost and others.  Hancock, Charge 29 and Johnson, Charge 21, handling stolen goods relates to a keyboard belonging to Gibb and Hancock's summary charge, deal with property suspected of being the proceeds of crime.

42Between 27 April 2016 and 2 May 2016 you were both seen in CCTV footage from the Riverside Motel travelling in a stolen white Ford Falcon sedan.  Johnson, Charge 23 and Hancock, Charge 29, theft of a motor vehicle.

43The CCTV footage depicted you, Hancock, arriving at the motel room on 29 April 2016 at approximately 10.20 pm in a white 2013 Mercedes Benz belonging to Frost and unloading bags and suitcases of property stolen during the burglary that night at Frost's premises and the CCTV footage from the Peninsula Motel at about 5 am on 30 April 2016 also identified you, Johnson, driving a white 2013 Mercedes Benz belonging to Frost away from the motel car park.  Johnson, Charge 24, theft of motor vehicle. 

44An analysis of Johnson's mobile phone identified messages to various people offering numerous stolen items for sale. You, Hancock, failed to reside at your bail address and that led to the summary charge in relation to that offending.

45I state to each of you that I have taken into account the following matters in mitigation of sentence:  You have each pleaded guilty. You are entitled to have that fact taken into account in your favour and I do so.  The community has by your plea been spared the time and cost of a trial.  Witnesses have been spared the ordeal of giving evidence upon your trial.  You each pleaded guilty at an early stage.  You co-operated with authorities.  I accept that you are each genuinely remorseful.  You, Hancock, have no prior convictions.  I sentence you as a person of previously good character.

46I have been told something of your respective personal circumstances.  Drew Hancock, you are 22 years of age, having been born on 14 November 1994.  You are a single man with no dependents.  You had a disruptive childhood as your parents were drug users.  They were also unfaithful and this resulted in separation in 2013 and relocation.  Your parents and siblings also engaged in much criminal activity.  Until 2016 you managed to distance yourself from this bad behaviour.  You were educated until you were 15 years of age then you commenced an apprenticeship as a plasterer.  You have a good work record having been in continuous employment since leaving school until late 2015.  You worked in a variety of jobs including labouring, concreting and, in more recent times, driving excavators and heavy machinery.

47From a young age you made a significant financial contribution to your family.  Although you used cannabis for about 18 months when you were 17 or 18 years of age this drug use ceased when you obtained employment.  You had a good insight into the dangers of drugs as a result of your parent's drug use. 

48Your family circumstances were dysfunctional and you eventually had a major dispute with your father with whom you had been living and this resulted in you being thrown out of your home in late 2015. You were estranged from your family and a two year old sibling with whom you had a close relationship.  You had been using ice spasmodically but your ice use increased in late 2015 and early 2016. 

49At the time of this offending between 27 March 2016 and 3 May 2016 your life had spiralled out of control. You were in a state of homelessness and you were using ice heavily.  As a result of this heavy drug use you have little memory of this offending.  Despite your dysfunctional family you have no prior convictions.  You have been in custody on remand since 3 May 2016.  You have been using your time in custody constructively.  This is evidenced by the various certificates and drug screens tendered on your behalf (see Exhibits 8 and 9).  Upon your release from custody you hope to resume employment operating heavy machinery.  You have been assessed by a psychologist whilst in custody and you have no psychological or mental health issues.   I assess your prospects of rehabilitation as being good.

50You, Caycee Johnson, are 30 years of age having been born on 8 March 1986.  You are single.  You are the mother of an eight year old boy who is in the custody of his paternal grandparents.  Although your parents separated when you were only one you had a relatively stable upbringing and you enjoyed a good relationship with your mother and step-father.  You have a supportive family.  Your mother and grandmother together with two co-residents at Odyssey House attended court on the plea hearing to support you.  You were educated to the VCE level and then completed an apprenticeship as a chef.  You gave birth to Tyler when you were 22 years of age. The relationship with Tyler's father ended in 2010. 

51Over time until 2014 you used ice and this use increased until, by 2016, you were addicted.  At the time of this offending you were using ice heavily and you did not have employment or stable accommodation.  This offending was motivated by your need to obtain money to purchase ice and to obtain goods for personal use and fund accommodation.  You did commit offences of burglary and theft in December 2014 and further offences of dishonesty between June and August 2015.  All of those matters were dealt with in the Magistrates' Court on 22 August 2016.  This offending occurred between 26 March 2016 and 3 May 2016.  Upon your arrest on 3 May 2016 you were remanded in custody. 

52On 22 August 2016 at the Geelong Magistrates' Court you were convicted and sentenced to four months imprisonment with pre-sentence detention of 111 days declared.  That sentence ended on 31 August 2016.  On 14 October 2016 you entered a plea of guilty to these matters at a committal mention.  You were granted bail and released on 17 October 2016.  Since then you have resided at Odyssey House.  You have used your time in custody in a constructive manner and have taken positive steps to rehabilitate yourself at Odyssey House.  This is evidenced by the documentation tendered on your behalf (see Exhibits 11, 12 and 13).  I assess your prospects of rehabilitation as being good.

53You, Drew Hancock, are 22 years of age. You were 21 years of age at the time of this offending.  As you are a relatively young man the principles relevant to the sentencing of a person of a young age are relevant and I have applied them, however they are tempered by the serious nature and grand scale of this offending. 

54Against these matters in mitigation, however, the actions of each of you were very serious indeed.  You have each committed a very large number of offences over a relatively short period of time.  The scale of this offending is very disturbing.  You were each involved in this offending in part to feed your respective ice habits.  A further aggravating factor in relation to you, Drew Hancock, is that you were on bail at the time of this offending and you Caycee Johnson, had been on bail but warrants were then issued for your arrest and you were awaiting a hearing in the Magistrates' Court in relation to earlier offences.

55There are a number of victim impact statements.  Rhonda and Ian Gibb were overseas at the time of the break-in.  They describe experiencing emotional symptoms which included feelings of distress, being disturbed, being infuriated and of experiencing a sickening feeling.  They also suffered the inconvenience and ignominy of having both their motor vehicles stolen.  Various documents were lost and the emotional impact of the offending upon them included feelings of insecurity, violation and vulnerability. 

56Cathy Shay described symptoms of acute anxiety, sleeplessness, fatigue, a loss of energy, nervousness, insecurity and a sense of violation. 

57Terrence Kennedy described feeling a lack of security and a decrease in his enjoyment of life. He has been sleepless and depressed. 

58Bruce Wyndham felt sick and paranoid and regarded the experience as having been terrifying.

59I have had regard to the victim impact statements but they must not overwhelm other relevant sentencing considerations.  It is also important to note the particular offences for which you have each entered pleas of guilty compared with the offences which were so disturbing for the victims, particularly the respective burglaries at their homes.  I have taken these matters into account when considering the victim impact statements.

60Caycee Johnson, you have admitted before me prior convictions on 10 September 2013 at the Geelong Magistrates' Court.  You were convicted and sentenced to a 6 month community corrections order in relation to charges of burglary, theft, fail to answer bail, intention to obtain property by deception and making a false document to the prejudice of others.  On 21 November 2012 at the Geelong County Court you were convicted and fined $700 in respect of the charge of recklessly cause injury.  On 6 March 2007 without conviction, fined $200 at the Warrnambool Magistrates Court in relation to the charges of obtain financial advantage by deception and fail to answer bail.

61The nature of some of these prior convictions for offences of dishonesty is relevant to my task of sentencing you today.  It is also relevant that despite having received a community corrections order in the past you committed these and other further offences. 

62I have had regard to the principle of parity.  Where you have committed the same offence in similar circumstances I have imposed the same penalty.  There is a slight difference in respect of the theft of the white Mercedes as I considered Hancock's role to be greater as he appropriated the motor vehicle whilst you, Johnson, drove it.  This is in relation to Hancock, Charge 23 and Johnson, Charge 24.

63The principal of totality is important in relation to both of you. The task of sentencing for multiple offences requires not only that the individual sentences be within the range available for the relevant category of seriousness but also that the aggregate sentence is a just and appropriate measure of the total criminality involved. I have also had regard to s.16(3C) of the Sentencing Act in relation the commission of offences whilst on bail but, as I have said, I have also borne in mind the importance of the principle of totality. 

64Days in custody, pre-sentence detention for you, Drew Hancock, 275 days and you, Caycee Johnson, 54 days. 

65As well as the matters to which I have referred I must also take into account the need for general and specific deterrence.  Specific deterrence is relevant to you both having regard to the large number of offences you have each committed.  It is also particularly relevant to you, Caycee Johnson, in view of your previous criminal history. 

66General deterrence is also of considerable importance in a case such as this.  This type of offending, particularly involving offences of dishonesty, must be discouraged.  I am called upon by the Sentencing Act to manifest the community's denunciation of your conduct and generally to impose a just punishment.  I have had regard to the sentencing statistics and comparative cases tendered by the prosecution.

67Drew Hancock, your counsel submitted that I ought impose an immediate custodial sentence of time served alone or time served in combination with a community corrections order. It was submitted on behalf of the prosecution that an immediate custodial sentence was required and time served was not adequate. In relation to you both I have engaged in the deliberation required by s.5(4C) of the Sentencing Act. I do not accept that an immediate custodial sentence of time served is appropriate or adequate in respect of you, Drew Hancock. Nor is it appropriate that you be sentenced to a community corrections order. I have concluded after engaging in the deliberation required by s.5(4C) that the sentencing purposes of just punishment, denunciation and deterrence cannot be sufficiently served by the making of a community corrections order even with onerous conditions.

68It was submitted on your behalf Caycee Johnson that I ought to impose a community corrections order. The prosecution submitted that an immediate custodial sentence was required. It was submitted that a combined sentence of imprisonment and a community corrections order was open to me. Once again I state that I have engaged in the deliberation required by s5(4C) of the Sentencing Act and in your case I have also concluded that the sentencing purposes of just punishment, denunciation and deterrence cannot be sufficiently served by the making of a community corrections order even with onerous conditions. 

69I am satisfied that an immediate custodial sentence is required and this is not an appropriate case for a community corrections order either alone or in combination with a term of imprisonment. 

70In formulating appropriate sentences I have had regard to the principles enunciated in Grabovac’s case. As there are so many individual offences I have sought to impose what I consider to be moderate and appropriate individual sentences with a degree of cumulation to take into account various incidents or episodes of offending.

71Drew Hancock, the aggravated burglary is the most serious offence.  The sentence on the charge of aggravated burglary is therefore the base sentence.  Whilst this was not a case of confrontational aggravated burglary, you did not have a weapon and there was no confrontation and therefore no injury to the occupants, the general observations on the seriousness of the offence of aggravated burglary enunciated by the Court of Appeal in recent times are relevant.  I have carefully assessed the relevant seriousness of this offence.  You did enter the premises in Manifold Heights in the early hour of the morning at about 4 am.  The victim Phipps was woken by the sound of a thud.  This was no doubt a very distressing experience for the victim and his family. 

72Caycee Johnson, the most serious offence is Charge 24, the theft of a motor vehicle, a white Mercedes.  The sentence on Charge 24 is the base sentence.  I do not agree with the submission made on your behalf that your moral culpability is the same in respect of all the motor vehicle thefts irrespective of the value of the motor vehicle.  In each case, you were using the motor vehicle knowing it was stolen.  The white Mercedes was valued at approximately $300,000 and it must have been known to you that this was a luxury motor vehicle with considerable value.  I have imposed a slightly longer sentence on this offence compared to the other motor vehicle thefts in these circumstances and there is a slight variation in the other sentences for theft of motor vehicles given the significant disparity in the value of the motor vehicles, particularly the black Mercedes Benz. 

73I also consider it very relevant that in respect of your overall criminality, whilst you may not be considered to have been a professional "fence," you were sending messages to various people offering stolen items for sale such as the black Mercedes Benz, jewellery and firearm parts. As I have already stated, you were seeking to obtain money in part to support your drug habit. 

74Having regards to all relevant facts and appropriate sentencing principles I sentence you as follows:  Drew Hancock, Charge 1, convicted and sentenced to 9 months' imprisonment.

75Charge 2, convicted and sentenced to one months' imprisonment.

76Charge 3, convicted and sentenced to six months' imprisonment.

77Charge 4, convicted and sentenced to six months' imprisonment.

78Charge 5, convicted and sentenced to three months' imprisonment.

79Charge 6, convicted and sentenced to one month imprisonment.

80Charge 7, convicted and sentenced to one months' imprisonment.

81Charge 8, convicted and sentenced to one months' imprisonment.

82Charge 9, convicted and sentenced to nine months' imprisonment.

83Charge 10, convicted and sentenced to two months' imprisonment.

84Charge 11, convicted and sentenced to ten months' imprisonment.

85Charge 12, convicted and sentenced to one months' imprisonment.

86Charge 13, convicted and sentenced to six months' imprisonment.

87Charge 14, convicted and sentenced to six months' imprisonment.

88Charge 15, convicted and sentenced to six months' imprisonment.

89Charge 16, convicted and sentenced to 18 months' imprisonment.

90Charge 17, convicted and sentenced to 12 months' imprisonment.

91Charge 18, convicted and sentenced to 30 months' imprisonment.  That's two years and six months' imprisonment.

92Charge 19, convicted and sentenced to six months' imprisonment.

93Charge 20, convicted and sentenced to six months' imprisonment.

94Charge 21, convicted and sentenced to 18 months' imprisonment.

95Charge 22, convicted and sentenced to 12 months' imprisonment.

96Charge 23, convicted and sentenced to 14 months' imprisonment.

97Charge 24, convicted and sentenced to one months' imprisonment.

98Charge 25, convicted and fined $250 as a stay of one month in respect of payment of fine.

99Charge 26, convicted and sentenced to one months' imprisonment.

100Charge 27, convicted and sentenced to nine months' imprisonment.

101Charge 28, convicted and sentenced to four months' imprisonment.

102Charge 29, convicted and sentenced to nine months' imprisonment.

103Summary charge 15, convicted and sentenced to one months' imprisonment.

104Summary charge 17, convicted and sentenced to one months' imprisonment.

105Summary charge 20, convicted and sentenced to one months' imprisonment.

106Summary charge 28, convicted and sentenced to one months' imprisonment.

107Summary charge 30, convicted and sentenced to one months' imprisonment.

108Summary charge 33, convicted and sentenced to two months' imprisonment.

109Summary charge 36, convicted and sentenced to two months' imprisonment.

110Summary charge 40, convicted and sentenced to one months' imprisonment.

111Summary charge 53, convicted and sentenced to one months' imprisonment.

112Summary charge 54, convicted and sentenced to one months' imprisonment.

113Summary charge 55, convicted and sentenced to one months' imprisonment.

114Summary charge 58, convicted and sentenced to three months' imprisonment.

115Summary charge 15, convicted and sentenced to six months' imprisonment.

116I direct that the base sentence, as I have already stated is Charge 18, is two years and six months.  I direct that two months of the sentence imposed on Charge 1, two months of the sentence imposed on Charge 9, two months of the sentence imposed on Charge 11, one month of the sentence imposed on Charge 13, one month of the sentence imposed on Charge 14, one month of the sentence imposed on Charge 15, four months of the sentence imposed on Charge 16, one month of the sentence imposed on Charge 22, two months of the sentence imposed on Charge 23, one month of the sentence imposed on Charge 27, two months of the sentence imposed on Charge 29, be served cumulatively upon each other and upon the sentence imposed on charge 18,  otherwise the sentences be served concurrently.  The total effective sentence is four years and six months' imprisonment.

117The non-parole period is the minimum term that justice requires you to serve having regard to all the relevant circumstances that exist.  For that reason, it cannot be fixed automatically.  All relevant factors and sentencing principles are to be taken into account.  I have to consider when you should be eligible for mitigation of confinement and in turn rehabilitation under conditional supervision.  In all the circumstances I direct that you serve a minimum term of two years and six months' imprisonment before becoming eligible for parole. 

118As prescribed by s.18(4) of the Sentencing Act, I declare the period of time spent in custody is 275 days which is to be reckoned as time already served under the sentence. I direct that such be noted in the records of the court. I state that pursuant to s.6AAA of the Sentencing Act the sentence and non-parole period that I would have imposed but for the plea of guilty is seven years' imprisonment with a non-parole period of five years. 

119Caycee Johnson, Charge 1, convicted and sentenced to one months' imprisonment.

120Charge 2, convicted and sentenced to one months' imprisonment.

121Charge 3, convicted and sentenced to one months' imprisonment.

122Charge 4, convicted and sentenced to one months' imprisonment.

123Charge 5, convicted and sentenced to one months' imprisonment.

124Charge 6, convicted and sentenced to nine months' imprisonment.

125Charge 7, convicted and sentenced to one months' imprisonment.

126Charge 8, convicted and sentenced to nine months' imprisonment.

127Charge 9, convicted and sentenced to one months' imprisonment.

128Charge 10, convicted and sentenced to six months' imprisonment.

129Charge 11, convicted and sentenced to 10 months' imprisonment.

130Charge 12, convicted and sentenced to one months' imprisonment.

131Charge 13, convicted and sentenced to one months' imprisonment.

132Charge 14, convicted and sentenced to one months' imprisonment.

133Charge 15, convicted and sentenced to one months' imprisonment.

134Charge 16, convicted and sentenced to one months' imprisonment.

135Charge 17, convicted and sentenced to one months' imprisonment.

136Charge 18, convicted and sentenced to one months' imprisonment.

137Charge 19, convicted and fine $250 and I grant a stay of one month in respect of payment of the fine.

138Charge 20, convicted and sentenced to one months' imprisonment.

139Charge 21, convicted and sentenced to four months' imprisonment.

140Charge 22, convicted and sentenced to nine months' imprisonment.

141Charge 23, convicted and sentenced to nine months' imprisonment.

142Charge 24, convicted and sentenced to 12 months' imprisonment.

143Summary Charge 33, convicted and sentenced to one months' imprisonment.

144Summary Charge 37, convicted and sentenced to three months' imprisonment.

145I direct that one month of the sentence imposed on Charge 1, two months of the sentence imposed on Charge 6, two months of the sentence imposed on Charge 8, one month of the sentence imposed on Charge 10, two months of the sentence imposed on Charge 11, one month of the sentence imposed on Charge 13, one month of the sentence imposed on Charge 22, two months of the sentence imposed on Charge 23 be served cumulatively upon each other and upon the sentence imposed on Charge 24, otherwise the sentences be served concurrently.  The total effective sentence is two years' imprisonment.  I direct that you serve a minimum term before being eligible for parole of 12 months' imprisonment. 

146I declare the pre-sentence detention to be 54 days and that will be noted in the records of the court. I have made the disposal orders and forfeiture orders that have been sought by the Crown. I state that pursuant to s.6AAA of the Sentencing Act the sentence and non-parole period I would have imposed but for the plea of guilty is three years imprisonment with a non-parole period of two years.

147Now, what I will do is, I will ask the prisoners be removed and I will have the orders produced immediately and I will allow counsel an opportunity to double check all those figures and the orders given the complexity of the matter.  So, if the prisoners could be removed.

148(OFFENDERS REMOVED)

149HIS HONOUR:  My associate has prepared a draft and what I will do is I will just get the final orders printed but I will just show them to you all if you want to just double check the figures and the orders and just make sure there are no technical issues.

150MR SENIA:  Yes, Your Honour.

151HIS HONOUR:  Is there anything anyone wants to say about that?

152MS MAWBY:  No, Your Honour.

153MS FOLEY:  No, Your Honour.

154HIS HONOUR:  I will just stand down temporarily.

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