Director of Public Prosecutions v Johnson
[2015] VCC 190
•25 February 2015
| IN THE COUNTY COURT OF VICTORIA | Revised Not Restricted Suitable for Publication |
AT MELBOURNE
CRIMINAL DIVISION
Case No. CR-14-02074
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| JASON CHRISTOPHER JOHNSON |
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JUDGE: | HIS HONOUR JUDGE GRANT | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 13 February 2015 | |
DATE OF SENTENCE: | 25 February 2015 | |
CASE MAY BE CITED AS: | DPP v Johnson | |
MEDIUM NEUTRAL CITATION: | [2015] VCC 190 | |
REASONS FOR SENTENCE
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Ms A. Bhai | |
| For the Accused | Mr D. Dann | Simon English |
HIS HONOUR:
1 Jason Johnson, you have pleaded guilty to three charges of causing serious injury negligently. The maximum penalty for each offence is ten years' imprisonment.
2 You have also consented to this court dealing with the summary charge of ‘drive a vehicle whilst exceeding prescribed concentration of drugs’. As this is the first time you have committed this offence, the maximum penalty is a fine of not more than 12 penalty units.
3 The prosecution has presented a summary of your offending. I do not intend to repeat the whole summary. It is Exhibit A in these proceedings.
4 Briefly, at about 7.30 pm on 30 July 2013, you were driving your 1996 Ford sedan on Bourkes Creek Road, Pakenham Upper. This road is a dirt road with no street lighting. You had three passengers, Bradlee Dunn, Jessica Wheller and Jayde Wellington. You were driving to Ms Wheller’s home in Cockatoo. As you approached the corner of Bourkes Creek Road and Matters Road, you began to do a burnout. You completed two and a half burnouts and then ‘deliberately began fishtailing down the road.’ Ms Wheller and Ms Wellington were both scared and yelling out for you to stop. You lost control of the car and crashed into a tree. You and Mr Dunne were able to get out of the car and you both then assisted Ms Wheller and Ms Wellington. All your passengers suffered serious injuries.
5 Ms Wellington suffered:
· Fractures to her left ribs;
· Fractures to her T12 and L2 vertebrae;
· Perforated bowel; and
· Renal artery transaction with devascularised kidney
6 She was airlifted to the Royal Melbourne Hospital where she underwent multiple operations. Her small bowel was resected, her left kidney removed and a colostomy created. Her back fractures were managed by a brace. She remained in hospital for two weeks and was transferred to inpatient rehabilitation where she remained for four months. I am told that a stoma bag has only recently been removed and that she may require further surgery. There can be no doubt that she suffered life-changing injuries. She has been left with continual back trouble and major scarring.
7 Ms Wheller suffered:
· Fractures of the T9 and T10 vertebra;
· Bilateral haemothoraces;
· Seven fractures to her ribs; and
· Liver laceration and renal laceration
8 She was taken to the Alfred Hospital and underwent resuscitation and intensive care management. Her liver and renal lacerations required embolization and she underwent further surgery on 2 August to stabilise her spinal fractures.
9 Ms Wheller spent two weeks in hospital before being discharged to the Victorian Rehabilitation Centre. After a further two weeks at that centre, she was discharged and continued as an outpatient for four months.
10 I have received a victim impact statement from Ms Wheller. It is clear that her life has been severely affected by your criminal behaviour. She has suffered emotionally from stress and anxiety. She has ongoing back pain that is likely to affect her for the rest of her life.
11 Mr Dunne, who was sitting in the front passenger seat, suffered a comminuted fracture of the mid to upper shaft of his right humerus with a half bone width displacement. It is not suggested that he has suffered ongoing or disability.
12 After the collision you were transported to Dandenong Hospital for treatment of your injuries, which included a broken thumb and a fractured kneecap. A sample of your blood was taken. You were found to have a quantity of cannabis in your blood. The Crown does not allege that the amount of cannabis in your system was a contributing factor to your negligence.
13 You were arrested and interviewed on 9 December 2013, and you made a number of admissions. You told the police that you accepted full responsibility for what had occurred.
14 Mr Johnson, this is a serious example of this type of offence. You were traveling on a narrow, unmade and unlit road that was surrounded by trees. It was dark. You were fatigued. Notwithstanding the difficult conditions you drove in a grossly negligent manner by performing burnouts and fishtailing down the road. It is no excuse to say that Mr Dunne was “egging you on.” The two women in the back of the car were yelling for you to stop. You took no notice of their pleas and your driving put them in fear. Inevitably, you lost control of your car and collided with a tree. All your passengers suffered serious injuries.
15 In this case general deterrence, just punishment and denunciation are central and paramount sentencing considerations.
16 You have admitted a number of prior court appearances. The great bulk of your prior offending relates to low level drug offending. You do not have a history for serious offending or for bad driving. Specific deterrence and protection of the community are not significant sentencing considerations in this case.
17 I now move to matters relevant to your background and matters raised in mitigation by your counsel.
18 You now are a 34-year- old man.
19 Your background circumstances are set out in great detail in a report from Pamela Matthews, forensic psychologist.
20 You were born in Queensland. Your mother and father’s relationship was volatile. They both drank heavily and your father was violent towards your mother and the children. One of your sisters was removed from the family by child protection. Your parents were constantly separating and reconciling. You recall moving from caravan park to caravan park. In these circumstances it is not surprising to hear that your education was disrupted. You left school in Year 9. You are illiterate and you are innumerate. I am satisfied that you have come from a background of deprivation, abuse and disadvantage and that there should be some moderation of sentence for this reason.
21 Even though you have suffered this social disadvantage, you do not have a history of involvement in serious criminal activity. Certainly drugs have been a long-standing issue. Your drug use in the past would seem to explain your generally unsettled work history in Queensland.
22 In 2009, your mother was diagnosed with lung cancer and in 2010 you moved to Rockhampton to assist with her care. Ms Mathews expresses the opinion that since that time there has been a gradual maturing and stability in your life albeit not comparable to most of your age matched peers but consistent with “delayed emotional development arising from a damaging childhood.” This opinion about your gradual maturing would seem to be confirmed by the fact that apart from a relatively low-level traffic matter in 2013, there is a gap in your offending from July 2010 until the commission of this offence.
23 After the death of your mother in 2011, you were invited by your sister to live with her and her family in Victoria. Since living in Victoria you have been able to find and maintain work. After the commission of these offences, you obtained a white card to work on demolition sites and completed a certificate in warehousing at TAFE. You were working casually in the demolition industry immediately before I revoked your bail and you went into custody.
24 I accept that you are very sorry for what you have done. Your remorse is genuine.
25 You co-operated with the police, made detailed admissions and entered a plea of guilty an early opportunity. In addition, your plea of guilty has saved the victims from the trauma of giving evidence and avoided the costs associated with a criminal trial. You will be given credit for all these matters.
26 In a letter to the court, your general practitioner indicates that he has been treating you over the years for anxiety and depression. It is not suggested that your depression contributed in any way to the offending. However, since the collision you have seen a psychiatrist and been placed on antidepressant medication. In addition, you have been diagnosed as suffering from Post-Traumatic Stress Disorder. I accept that there should be some moderation of your sentence because your sentence of imprisonment will be more onerous than a sentence for a person without these conditions.
27 I am satisfied that you have reasonably good prospects for rehabilitation. Notwithstanding your disadvantaged background, you have limited criminal history. Since moving to Victoria you have shown a capacity to find and maintain work. You are very remorseful for your offending and you have an understanding that you must address your drug abuse issues. In October 2014, you completed an alcohol and drug awareness course. I accept that upon your release from prison you will have the support of your sister and her family.
28 I note the comments of Ms Mathews that to assist in your rehabilitation you will require ongoing treatment and counselling for past drug usage, the emotional issues arising out of your damaging childhood experiences and your Post-Traumatic Stress Disorder. To assist in your treatment and counselling, I will provide a copy of Ms Matthew’s report to the prison authorities.
29 Mr Johnson, as your counsel has properly acknowledged and as you properly recognised when you spoke to the police, a sentence of imprisonment must be imposed for this offending. The offending is serious with two of the victims suffering serious life changing injuries. Because there are three victims, there must be some cumulation of sentence although, of course, the sentence I impose must comply with the principle of totality, that is, the total sentence must be just and appropriate for the whole of the offending.
30 On each charge on the indictment you will be convicted and sentenced to three years' imprisonment. I order that nine months of the sentence on Charge 2 and 3 months of the sentence on Charge 3 be served cumulatively upon each other and cumulatively upon the sentence on Charge 1. This makes a total effective sentence of four years. I fix a minimum term before you will be eligible for release on parole of two years. I declare that you have served 12 days by way of pre-sentence detention.
31 If you had pleaded not guilty and been found guilty after trial, I would have imposed a total effective sentence of six years with a minimum of four years.
32 On the summary charge, you will be convicted and fined $500.
33 On all the charges on the indictment, all licences are cancelled and you are disqualified from driving for a period of four years.
34 I also order that you undergo a forensic procedure for the taking of a scraping from your mouth. If you fail to co-operate in the taking of the sample, the authorities may use reasonable force to obtain it. I make the order for the following reasons; the seriousness of the offending, the order is in the public interest and the order is consented to.
35 OFFENDER: Thank you, Your Honour.
36 HIS HONOUR: Are there any other matters?
37 MS WILKINSON: No, Your Honour.
38 MR ENGLISH: No, Your Honour.
39 HIS HONOUR: Yes, thank you. The prisoner can be removed.
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