Director of Public Prosecutions v Keats
[2025] VCC 608
•16 May 2025
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
Case No. CR-24-01497
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| RORY KEATS |
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JUDGE: | HIS HONOUR JUDGE WRAIGHT | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 1 May 2025 | |
DATE OF SENTENCE: | 16 May 2025 | |
CASE MAY BE CITED AS: | DPP v Keats | |
MEDIUM NEUTRAL CITATION: | [2025] VCC 608 | |
REASONS FOR SENTENCE
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Subject:CRIMINAL LAW – Sentencing.
Catchwords: Plea of guilty – Dangerous driving causing death – Dangerous driving causing serious injury – Drive whilst having more than the prescribed concentration of drug – Relevant criminal history – Genuine remorse – Verdins - Very good prospects of rehabilitation.
Legislation Cited: Crimes Act 1958 ss 319, 319(1A); Road Safety Act 1986 ss 49(1)(bb), 55BA; Sentencing Act 1991 ss 6AAA, 18, 89(2).
Cases Cited:
Sentence: Imprisonment for a period of 18 months with a non-parole period of 9 months. On Summary Charge 5, convicted and fined $500.
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Mr R Hammill | Office of Public Prosecutions |
| For the Accused | Mr A Malik Ms S Gillahan | Victoria Legal Aid |
HIS HONOUR:
Introduction
1Rory Keats, you have pleaded guilty to:
(a) one charge of dangerous driving causing death contrary to s 319 of the Crimes Act 1958 (‘CrimesAct’) which carries a maximum penalty of 10 years imprisonment (Charge 1); and
(b) two charges of dangerous driving causing serious injury contrary to s 319(1A) of the Crimes Act which carries a maximum penalty of 5 years imprisonment (Charges 2 and 3).
2You have also pleaded guilty to a summary charge of drive whilst having more than the prescribed concentration of drug, contrary to s 49(1)(bb) of the Road Safety Act 1986, which carries a maximum penalty of 120 penalty units (Summary Charge 5).
3You have admitted your Criminal Record.
Circumstances of the offending
4A ‘prosecution opening for trial’ was tendered and relied on for the purposes of the plea. The basis upon which the matter settled for plea may be summarised as follows:
5The charges to which you have pleaded guilty relate to a motor vehicle collision at Coldstream on 26 December 2023 at 1:15 pm on the Maroondah Highway, at the entrance to Tramonto Kitchen and Bar, also known as the Badger Brook Winery.
6The collision occurred when the medium rigid truck you were driving collided with the rear of a Mazda sedan stopped in the right-hand lane opposite the entrance to the winery, waiting to turn right. The driver of the Mazda was stationary and giving way to oncoming traffic when the truck you were driving collided with the rear of the Mazda.
7As a result of the impact between the vehicles, the Mazda was pushed off the road to the right and subsequently collided with a fence line and trees outside the winery. The truck rotated clockwise and came to rest across the west bound lane.
8The rear seat passenger of the Mazda died at the scene of the collision. The front seat passenger and driver of the Mazda suffered serious injuries and were conveyed to hospital by road ambulance where they were admitted for treatment of their injuries.
9You were not injured in the collision.
10At the time of the collision, there were thunderstorms in the area, it was raining heavily, and the road was wet. Dash-cam footage from your truck recorded the collision in detail.
11You were 42 years old at the time of the collision. You were a holder of a full and current Victorian issued motor car driver licence, endorsed for heavy rigid trucks. Your licence was appropriate for the vehicle you were driving. You were employed by 5 Ways Food Services Company in Dandenong South as a delivery driver and had worked with the company for approximately eight months. You were driving in this capacity at the time of the collision.
12Following the collision, you were arrested and interviewed by police at the Lilydale Police Station. You provided a blood sample pursuant to s 55BA of the Road Safety Act 1986 (‘Road Safety Act’).
13Your blood sample was later analysed at the Victorian Institute of Forensic Medicine (VIFM). Methylamphetamine was detected in your blood sample at a level of ~0.09 mg/L of blood. There was no alcohol detected.
14Under the Road Safety Act, it is an offence to drive a motor vehicle with any concentration of a prescribed drug present in the blood of the driver. Methylamphetamine is a prescribed drug under the Road Safety Act (Summary Charge 5).
15Lay Lee Chua was aged 62 at the time of her death. She was employed as a Bank Officer and resided in South Australia with her husband, Kwok Choong Lool.
16Mrs Chua was seated in the left rear passenger seat of the Mazda. She was wearing a seat belt at the time of the collision.
17Eddie Woh was aged 63 and resided in Essendon. He was the registered owner and driver of the Mazda. He held a full and current Victorian driver’s licence. He was treated by ambulance officers at the collision scene and then conveyed by road ambulance to the Royal Melbourne Hospital where he was admitted for further treatment.
18Mr Woh sustained serious injuries including injuries to his brain, lung as well as multiple bone fractures. He was treated at The Royal Melbourne Hospital and was discharged on the 28 December 2023.
19Kwok Choong Looi was 62 years old on the day of the collision. He had been married to Ms Chua for 33 years and had resided with her in South Australia for the past 30 years.
20Mr Looi was the front seat passenger in the Mazda driven by Eddie Woh and suffered serious injuries in the collision and was conveyed to the Maroondah Hospital for treatment. He was later transferred from the Maroondah Hospital to the Alfred Hospital for further specialist treatment. Mr Looi suffered right side facial fractures, rib fractures to 6 to 8 ribs, retrograde amnesia, soft tissue injuries to the area of the right eye, subconjunctival haemorrhage to the right eye, bony tenderness to the right peri-orbital region, midline spinal tenderness and a small subgaleal haematoma in the left parietal region of his brain. Whilst at The Alfred Hospital, he underwent surgery to repair a hernia. He also had surgery to repair the injury to his face and a had a facial implant inserted.
21Mr Looi was discharged from The Alfred Hospital on 30 December 2023.
22The vehicle driven by you at the time of the collision was a white coloured 2016 Isuzu FFR110 van.
23S/C Pearce from the Mechanical Investigation Unit (MIU) conducted an inspection of the vehicle on 25 of January 2024 concluding that upon examination, the van did not reveal any faults, failures or conditions that could have caused or contributed to the collision.
24The motor vehicle driven by Mr Woh at the time of the collision was a white coloured 2018 Mazda 3 sedan.
25Pearce concluded that despite the significant damage, the passenger side stop/tail circuit functioned as intended with a test globe, the driver side did not. Without stop/tail globes to examine, he was unable to comment further. The driver’s side indicator was more than likely on at the time of the collision.
26The section of Maroondah Highway at the collision was a three-lane, two-way road constructed of a bitumen surface in good condition.
27Maroondah Highway ran in a general east-west direction. Opposing lanes of traffic were separated by double solid white lines, with dual audible-tactile strips. The edge of the road was marked by painted fog lines that also had audible-tactile strips. Bitumen shoulders, with designation for bicycle use, extended to metal W-barriers that had periodic breaks to allow access to properties along the road. The bitumen shoulders became grassed reserves, with a table drain running along the southern side of Maroondah Highway.
28On approach to the collision location (travelling east) Maroondah Highway sloped uphill and curved slightly to the right. A second eastbound lane commenced prior to the winery entrance to allow through traffic to continue to the left of vehicles turning right into the winery. The two eastbound lanes were separated by broken white painted lines. Access to Tramonto winery was provided by a bitumen driveway, with a break in the double white lines to allow access. The area was semi-rural farming.
29The Maroondah Highway at Coldstream had a signed 80 km/h speed limit.
30At the time of the collision, it was raining heavily, and localised thunderstorms were prevalent in the area. The road was wet, and visibility was diminished.
31Shortly after the collision police attended the scene and later that day specialist police from the MCIU and the Collision Reconstruction Unit (CRU) attended the collision scene. The investigators examined, photographed, measured the collision scene and obtained other relevant information. They later interviewed witnesses, obtained other relevant statements, reports, and documents, relating to the collision.
32Prior to MCIU arrival, police members from Knox Highway Patrol, Yarra Ranges Highway Patrol, and Healesville Uniform, responded to the collision scene. Body Worn Cameras (BWC) were activated. Paramedics from Ambulance Victoria arrived and attended to the victims of the collision.
33Leading Senior Constable Shakes from the Yarra Ranges Highway Patrol conducted a Preliminary Breath Test (PBT) on you, which produced a negative result. He then conveyed you to the Lilydale Police Station for the purpose of obtaining a blood sample pursuant to s 55BA of the Road Safety Act.
34Detective Leading Senior Constable Whitehall inspected the interior of the Isuzu truck. He observed that the vehicle was fitted with a forward and rearward facing dash camera mounted on the middle of the windscreen.
35Data from the dash camera was later retrieved. The footage shows your actions immediately prior to and at the time of the collision. The relevant parts of the dash camera footage upon which the prosecution rely, were played at the plea hearing.
36Multiple witnesses were driving on the Maroondah Highway, near Coldstream, at about the time of the collision. They state that the weather changed suddenly and it began to rain heavily. They observed a localised thunderstorm, heard thunder, and observed lightning strikes in the affected area.
37Witness Arne Krix was driving west on the Maroondah Highway from Healesville, towards Coldstream, with his wife. He states that it was raining heavily, and he had his windscreen wipers on a constant setting because it was raining too hard for intermittent wiping. He states that as he was driving towards the Levantine Winery, he observed a white truck, your vehicle, approaching from the opposite direction. At that time, he observed lightning in the distance, near Yarra Glen. As the truck passed by, he heard an extremely loud clap of thunder followed by a second sound that was different to the first and describes it as ‘a sonic boom’.
38Arne Krix then states that he looked in his rear-view mirror and observed what he thought was a lightning strike to the rear of the truck. He then observed the truck appear to wobble and lose control going sideways across the road.
39Witness Marcela Krix states that as she and her husband were driving near the Levantine Winery, the weather had deteriorated, it was raining heavily, with storm clouds, lightning and thunder, off to the right-hand side of the road. She states that she saw a truck approaching from the opposite direction, heard thunder, and saw a flash of lightning in her peripheral vision. Approximately four seconds after the truck passed by, she heard a ‘tremendously loud bang’, that was different to the sound of thunder. She states it ‘sounded like a huge canon going off’.
40Marcela Krix further states she looked in the passenger side mirror and observed the truck ‘rocking and sliding sideways’.
41Witness Scott McHaffie was driving with his brother Jeff, west on the Maroondah Highway from Healesville towards Coldstream. He states that as he drove over the brow of a hill near Rochfords Winery, he observed a massive storm off to the right in the Yarra Glen area. He states that he had his windscreen wipers on full speed, but visibility was still good.
42He observed your truck, approximately 150 – 200 metres ahead, out of control and sliding sideways across the road. He did not observe the truck collide into the rear of the Mazda.
43He further states that he realised when the storm hit, the weather conditions were ‘substantial enough to know that he needed to back off and slow down’. He states that there was lightning in the area off to the right, but nothing within a kilometre.
44Witness Jeff McHaffie states that he was near Rockford Winery when he observed two vertical bolts of lightning on either side of the Maroondah Highway, followed virtually immediately by a thunderclap. He then observed your truck 100 – 150 metres ahead, spinning across the road out of control.
45During the police interview, you stated that you thought your vehicle had been either struck by lightning, or that lightning struck close by to the truck at the time of the collision.
Q 41: ‘It started getting really windy and a lightning bolt struck very close to the truck. I don't know if it hit the truck or was about a metre away from the truck, but it was very close’.
Q 45: ‘Traction control was on. So, it was just - the - the storm came through and it just threw up - it was hailing, and the road turned slippery really, really fast. And it's - yeah. And the - the lightning strike being so close to the truck threw me and just distracted the…’
Q 54: ‘The lightning strike was so close to the truck it was - it was, yeah, crazy’.
Q 59: ‘And, yeah, it was - like, when - when that came down it was that close to the truck cause, yeah, I just - everything - everything just felt weird, strange, and the - the flash was big. And then after the flash I looked down and there's a car coming at me. Stationary car there’.
46On 22 February 2024, a weather zone lightning report prepared by Joel Pippard was obtained by police. The report details lightning strikes in the area within a 10km and 2km radius of the collision area between 12.45 – 1.45 p.m. on 26 December 2023.
47The report detailing the 2km radius shows that during the period of observation, the number of lightning strikes registered was as follows:
(a) cloud to cloud: twenty-four strikes; and
(b) cloud to ground: twelve strikes.
48Forensic officer S/C Morrison of the Fire and Explosion Unit examined your vehicle on 29 February. Her examination did not reveal any evidence of burning, sooting, or other indications that the vehicle had been struck by lightning.
49LSC Bail also observed the dash camera footage from the truck. He did not use the speed display on the footage in his reconstruction, commenting that the footage also appears to confirm that the Mazda was stationary when impacted, and that the indicator and brake light of the Mazda had been operating in the lead up to the impact. He also concluded that at the point of impact, the truck was travelling at no less than ~66 km/h.
50You were conveyed to Lilydale Police Station where you were interviewed regarding the circumstances of the collision. During the interview, you stated inter alia:
(a) you observed a massive storm coming in over Healesville;
(b) you pulled your truck to the side of the road and stopped approximately one kilometre prior to the collision;
(c) you got back in the truck and continued driving;
(d) as you were driving up a hill it started to get very windy, and a lightning bolt struck very close by to your truck;
(e) you did not know if the lightning struck you truck;
(f) you felt the truck shake;
(g) as you came over the crest of a hill, you observed a white Mazda stopped in the middle of the road;
(h) you slammed on the brakes of your truck, and it started to slide across the road;
(i) you were unable to avoid the white Mazda;
(j) you were employed as a food delivery driver with 5 Ways Food Services;
(k) you had been employed for approximately eight months;
(l) you had three days off prior to driving on Boxing Day (the day of the collision);
(m) you felt that you had had adequate sleep prior to driving;
(n) you have an understanding of sleep deprivation; and
(o) you have completed a Cert 3 certificate in Transport & Logistics, and Cert 3 in Driver Operations.
51After the police interview on 26 December 2024, you were issued with a Notice of Immediate Driving Ban. Any driving licence or permit held by you was immediately suspended until the charge or charges were determined at court.
Nature and gravity of offending
52The offence of dangerous driving causing death is, by its nature, a serious offence as it involves the death of a human being. The seriousness of the offence is also reflected in the maximum penalty set by parliament, being 10 years imprisonment and its classification as a Category 2 offence.
53In assessing the nature and gravity of your offending this instance it is necessary to address the basis of the dangerousness upon which the prosecution rely.
54Dealing first with the fact that you were found to have more than the prescribed concentration of a drug in your system, in this case methamphetamine. The prosecution do not rely on this as attributing to the dangerousness of your driving. The prosecution expert, Dr Jason Schreiber gave evidence at the committal hearing to the effect that while methamphetamine can cause impairment and create an appreciable risk, he could not come to a conclusion that you were in fact impaired at the time. As such there was insufficient evidence to reliably determine that your ability to drive safely at the time was compromised.
55Secondly, the collision occurred during an extreme weather event. It is not in dispute that there was heavy rain and storms in the area. The dash cam footage shows you reacting to a lightning strike approximately eight seconds before the collision. It is also not disputed from the meteorological evidence that there was indeed a lightning strike in immediate proximity to your truck at the time when the flash is observed on the dashcam footage. Your answers in the record of interview demonstrate that you were significantly distracted by this event. However, you continued to drive and approximately eight seconds later, you came upon the Mazda that was stationary and waiting to turn right into the winery.
56While the lightning strike that occurred near your truck was a relatively unique circumstance, it simply added to the need for you to remain alert in what was already difficult driving conditions. Thus the prosecution case is put on the basis that having been startled by the lightning strike, you took your eyes off the road for a period of approximately eight seconds while continuing to drive at speed.
57Mr Malik who appeared with Ms Gillhan on your behalf submitted that in the unique circumstances of this case, the gravity of your offending and your moral culpability falls at the lower end. In my view while the conditions you were driving in were challenging, you are an experienced professional driver and you had ample time following the lightning strike to bring your attention back to the road in front of you where you would have seen victim’s car that was stationary waiting to turn right. As such in my view the gravity of your offending and your moral culpability fall between a lower and mid range example of the offence.
Victim Impact statement
58A victim impact statement from Kwok Choong Looi was tendered on the plea. He speaks of his own ongoing physical injuries as a result of the collision. He suffers from numbness in his cheek as a result of facial fractures whilst emotionally he has trouble with sleeping and feelings of anxiety when driving on seeing a truck on the road.
59Mr Looi’s victim impact statement also eloquently expresses the emotional turmoil and grief he has experienced losing his wife of 38 years. He reflects on the life he shared with his wife and how that they were looking forward to retiring in a few years.
60To the family of the victim I make the following comment: there is nothing this Court can say or do that can address your grief and pain. The sentence I must impose can in no way be a measure of the worth of the life Lay Lee Chua. Rather, the sentence I must impose is a reflection of a large number of factors which judges are required by law to take into account, only one of which is the impact on victims.
Personal circumstances
61You were born in Melbourne as the middle child in a sibship of three. You have a difficult relationship with your older brother and are closer to your younger sister who you see once every few weeks.
62You report that throughout your childhood your parents had a healthy relationship, free from any serious conflict. Your father often worked away and was absent on the weekends which resulted in the two of you having an emotionally distance relationship. You have a strong relationship with your mother who was the primary carer of you and your siblings and actively facilitated your childhood development.
63Your schooling experience was turbulent. You were persistently emotionally and physically bullied and struggled with inattention and oppositional defiant behaviours. You recall being teased regularly for your physical appearance and being physically abused to the extent that you had your nose broken. You describe that you became hypervigilant for incoming attacks and that on some days you would drink half a bottle of Jim Bean on the way to school to numb your feelings of fear. You were suspended in the latter part of year ten for behavioural issues and expelled by the end of the year.
64When you were 18 your father made an unfortunate business investment which ultimately led to your family losing their home and your father developing a gambling problem. Your parents separated shortly after and you began residing with your father. Due the volatility of your relationship with your father you were asked to leave the home and experienced a period of homelessness for the next three years. You obtained alternative accommodation through a youth refuge at age 21.
65You were employed as a pizza delivery driver at this time as well as subsequent employment with BP which you continued for eight years. You engaged in a variety of casual factory roles and in 2019 you obtained a Certificate III in Transport Logistics and consequently a heavy rigid truck licence. You began driving concrete agitators and doing milk deliveries before you secured employment at 5 Ways Food Service delivering food products. You were employed by them up until the offending, where your position was terminated and you lost your licence.
66You met your now ex-partner Jade when you were 20 years old and shortly after meeting you began living together. Jade became pregnant three months later and together you share one son. Upon finding a rental property in Frankston you began experiencing financial strain and together agreed that Jade should go work as an escort and that you would stay at home and look after your son. You recount that through Jades work your financial woes subsided, however, emotionally you began to find yourself consumed by feelings of jealousy, anger, and resentment. Your alcohol intake increased and you began gambling. Your relationship became more conflictual, escalating to physical violence and the relationship ultimately ended after three years. You have not been in an intimate relationship since Jade.
67After your split, Jade moved to Echuca, making it difficult for you to have contact with your son. You report that you have seen your son twice since he moved and that he is now 22 years old.
68Turning now to your drug and alcohol use. As outlined above, your excessive alcohol use began in high school when you would occasionally drink half a bottle of bourbon before school and escalated during your relationship with Jade. You report that for 22 years you had a problem with drinking and that your heavy alcohol use affected your relationships. You stopped drinking in 2019 when you obtained your truck licence.
69You began using illicit substances in your mid-20’s, engaging in ‘ecstasy’ and ‘speed’ use so that you could engage socially with others. You first engaged in methamphetamine use at around 28, at times using it daily. You generally engage in methamphetamine use alone as it serves the function of assisting you with ‘feeling calm’.
70A psychological report authored by forensic psychologist Dr Melissa Tso dated 21 March 2025 was tendered on the plea and details that it is clear your drug use has been long-standing and serves the function of reducing your distress and anxiety related symptoms. Dr Tso details that you meet the diagnostic criteria for Stimulant Use Disorder and that when used as a coping strategy, your substance use has caused significant challenges for you, exacerbating your underlying neurodiversity and emotional lability.
71Dr Tso additionally opines that you meet the diagnostic criteria for Autism Spectrum disorder, Generalized Anxiety disorder and Major depression, culminating in longstanding difficulties with emotional regulation and social interactions. You report a history of depressed mood and general emotional difficulties with fleeting suicidal thoughts since adolescence. Your depression and anxiety related symptoms manifest in irritability, sleep disturbances, feelings of worthlessness and hopelessness.
72Dr Tso explains that your substance and alcohol abuse provide you with an emotional outlet, and represent an avoidant coping strategy aiming to numb unpleasant thoughts and feelings related to your depression. Dr Tso affirms that these emotional needs and disturbances are inherently associated with having an undiagnosed autistic condition.
73Regarding your offending behaviour Dr Tso details that whilst you do not exhibit overtly antisocial attitudes, you have displayed several general behaviour patterns associated with antisocial behaviour. These imply an underlying attitude which is supportive towards offending. You have a significant history of oppositional behaviour towards authority including expulsions from school, having a consistent criminal offending history, and being non-compliant towards supervision conditions.
Sentencing Considerations
74I first take into account your plea of guilty. The matter settled following pre trial argument and a sentencing indication before me. While in the circumstances your plea cannot be considered to be an early plea, it has nonetheless saved the court the time and expense of a trial, thereby facilitating the course of justice.
75It was submitted on your behalf that you have expressed remorse beyond that indicated by your plea of guilty. In your record of interview you stated: ‘I’m so sorry for everything that’s happened and to the poor people. If I could do anything to reverse it, I would. I do not want to hurt anyone’, and that ‘I want to send my sincerest apologies to them’. You also expressed your remorse to your psychologist Dr Tso. In the circumstances I accept that you have demonstrated genuine remorse.
76It was submitted on your behalf that Verdins principles 5 and 6 have application. Reliance was placed on the psychological evidence of Dr Tso; that the custodial environment would exacerbate your neurodiversity, depression and anxiety symptoms, and that you would require close monitoring of your mental state in order to manage any suicide risks. That said, Dr Tso is also of the view that these concerns could be managed if you were to have access to medication and psychological therapy in custody. In the circumstances in my view Verdins principles 5 and 6 can be given some weight in the sentencing calculus.
77Turning to your prospects of rehabilitation, you come before the court with a prior criminal history, the last entry being drunk in a public place in 2013. You also have road traffic prior history. Relevantly, in 2022, you received a traffic infringement notice in relation to driving a motor vehicle while drugs were present in your system. However, you have no history of driving carelessly or dangerously, and this will be your first experience of custody. While you have some substance use issues to deal with, and accompanying mental health conditions, you nonetheless have maintained a consistent work history. Dr Tso is of the view that there is nothing to suggest that your mental functioning would impede your rehabilitation, other than your drug use. She also notes that you are motivated to engage in treatment to improve your mood, your substance use and your social and attentional difficulties. You have also expressed insight and remorse in relation to your offending. In my view in all the circumstances I assess your prospects of rehabilitation as very good.
78General deterrence is the paramount sentencing consideration in cases of this nature. While the conditions you were driving in were challenging, you were an experienced professional driver and you had ample time to refocus on your driving and the road ahead when distracted by the weather. Others must be reminded that driving in difficult conditions requires significant attention and that failing to pay proper attention can result in tragic circumstances as it did here. Others must also be aware that those that drive dangerously causing death or serious injury will face harsh penalties. As to specific deterrence, while you do not have any prior history for dangerous or careless driving, you do have some relevant road traffic history and as such, specific deterrence must still carry some weight.
Sentence
79Mr Keats, would you please stand.
80Rory Keats, on Charge 1, dangerous driving causing death, you are convicted and sentenced to 14 months imprisonment. On Charges 2 and 3, dangerous driving causing serious injury, you are convicted and sentenced to 6 months imprisonment on each charge.
81I direct that 2 months of the sentence on Charges 2 and 3 be served cumulatively on each other and on Charge 1, making for a total effective sentence of 18 months imprisonment. I further direct that you serve 9 months before becoming eligible for parole.
82On related summary Charge 5, driving with more than the prescribed concentration of drug in your blood, you are convicted and fined $500.
83Pursuant to s 18 of the Sentencing Act 1991 (‘Sentencing Act’), I declare that 15 days be reckoned as the period of imprisonment already served under the sentence I have imposed. That does not include today.
84Pursuant to s 6AAA of the Sentencing Act, I indicate that had you not pleaded guilty, I would have sentenced you to a period of 2 years and 3 months imprisonment with a non parole period of 16 months.
85Pursuant to s 89(2) of the Sentencing Act, as Charge 1 is a serious motor vehicle offence, any driver licence you hold is cancelled, and you are disqualified from obtaining a further one for a period of 18 months from today.
86Further as summary Charge 5 is a subsequent offence, any driver licence you hold is cancelled, and you are disqualified from obtaining a further one for a period of 12 months from today.
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