Director of Public Prosecutions v Kellett

[2016] VCC 1912

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR 1601580

DIRECTOR OF PUBLIC PROSECUTIONS

v

DANIEL KELLETT

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JUDGE:	HIS HONOUR JUDGE GUCCIARDO
WHERE HELD:	Melbourne
DATE OF HEARING:
DATE OF SENTENCE:	8 December 2016
CASE MAY BE CITED AS:	DPP v Kellett
MEDIUM NEUTRAL CITATION:	[2016] VCC 1912

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	Ms D. Hogan
For the Offender	Mr A. Lewin

HIS HONOUR: 

1Daniel Kellett, you have pleaded guilty to charges in an indictment which contained two charges of reckless conduct endangering persons, three counts of theft, one of threatening injury to prevent arrest or investigation, one count of possession of a firearm whilst prohibited and one charge of possession of a drug of dependence.   You also pleaded guilty to a number of summary related charges.  The prosecution summary was exhibited and contains the circumstances of the offending which were as follows:

2On Friday 12 February 2016 at 5.30 pm, you attended at  Steven Moores' place of residence in Gladysdale.  It had previously been arranged that you were to go there to drive Mr Moores' Holden utility. 

3Mr Moores had advertised this vehicle for sale.  You arrived in a Hyundai Veloster coupe without rear numberplate.  You handed Mr Moores the keys to the Hyundai as security and told him you would be back in five minutes.  You then drove off in the Holden ute.  You did not return the vehicle.  At 8 pm,
Mr Moores contacted police and reported the utility as stolen.  He later identified you from a photo board that was shown to him by police.

4On the previous 14 December 2015 you had been bailed from the Sale Magistrates' Court on other matters and on 8 February 2016, you had been bailed by police on other matters and was subject to bail conditions at the time you committed these offences.  You have never held a driver's licence; that was in relation to Charge 3 of theft, summary Charge 40, unlicensed driving and summary Charge 43, commit indictable offence whilst on bail.

5On 29 March 2016, you failed to attend the Sale Magistrates' Court in accordance with an undertaking of bail; that relates to Charge 25, fail to answer bail.

6On Saturday 16 April 2016 at 5.20 pm you attended at Combined Motor Traders located in Cranbourne where you arranged with a car dealer to test drive a Holden Commodore.  You produced a driver's licence in the name of Peter Dalton.  After the test drive, you informed the dealer that you would think about purchasing the vehicle and on Sunday 17 April 2016, you returned to  Motor Traders and requested to test drive another Commodore.  You again produced a driver's licence in the name of Peter Dalton.  After the test drive, you negotiated a price with the dealer and advised him you would purchase the vehicle.  You then left the office to have a cigarette.  At the time there was a yellow 2004 Ford Falcon XR8 ute valued at $11,000 belonging to Combined Motor Traders parked on the nature strip outside the dealership and while the dealer was in the office arranging the sale, you drove the utility away at high speed; Charge 8, theft, summary Charge 28, commit an indictable offence whilst on bail.

7On 17 April 2016, Sunday, at 6.50 pm, you attended at a multi-level car park in Therry Street in Melbourne where you met David Ongsono.  You had arranged to test drive his  2012 Yamaha motor cycle, which Ongsono had advertised for sale.  You gave him some cash as security and a Victorian driver's licence in the name of Peter Dalton.  You then drove the Yamaha motor cycle out of the car park and did not return.  After about 30 minutes, Ongsono attempted to contact you by calling you but your phone was switched off.  He reported his motor cycle stolen to police and provided them with the licence that you had given him.  That was Charge 4, theft, summary Charge 30, possession of personal property suspected to be stolen in relation to the licence and summary Charge 41, unlicensed driving.

8On Monday 18 April 2016 at 5.10 pm, you attended at the Woolworths Caltex service station located in Ringwood.  You were driving the stolen yellow Ford Falcon ute.  There was a female passenger in the vehicle with you.  Mr Peter Fox, who was working at the service station, noticed the rear numberplate was different to the front numberplate and contacted police.  Two constables attended the service station.  You were inside the station when they arrived.  On seeing police, you ran from the store and got into the driver's seat of the stolen Ford.  Constables Grigg and Hudson got out of their vehicle.  You then reversed and rammed the police vehicle which was parked behind you.  You then drove forward and rammed an ice refrigerator as you were attempting to flee.  Leading Senior Constable Grigg smashed the driver side window of the Ford with his baton and sprayed OC foam into the vehicle onto your face.  He told you to stop.  Constable Hudson grabbed onto the window of the passenger side and the female passenger opened the door and got out.  You continued to ram both the police vehicle and the ice fridge until there was enough room for you to drive the stolen car out of the parking bay and drive away.  Your driving placed both police members in danger of serious injury.  That is in relation to Charge 1, conduct endangering persons, summary Charge 35, fail to stop a vehicle after an accident, summary Charge 36, commit an indictable offence whilst on bail.

9On 4 May 2016, you were stopped by police when you were driving a red 2008 Holden Commodore V8.  The vehicle was registered to Robert McLean and had been reported stolen on 2 May 2016 and the numberplates attached to the vehicle were stolen; summary Charge 26, dealing with property suspected of being proceeds of crime. At 1.10 am, Senior Constable (SC) Cameron and Senior Constable(SC) Witty were conducting a patrol on Dudley Street in West Melbourne.  They saw a red Holden Commodore travelling at high speed in the opposite direction.  A check on the registration indicated the numberplates were stolen.  SC Cameron attempted to intercept the Holden by activating his lights and sirens.  You accelerated the vehicle at a fast rate of speed refusing to stop.  The police lost sight of the vehicle and stopped the pursuit.  A few moments later, other police were patrolling Macaulay Street in North Melbourne in a marked divisional van.  They saw the red Holden and attempted to intercept the vehicle by activating lights and siren.  You again drove off at high speed and did not stop.  Summary charge 22, unlicensed driving.

10At 1.45 am, SC Cameron and SC Witty were on patrol in Bayswater Road in Kensington when they saw a red Holden parked and facing the wrong way.  They pulled up alongside the Holden, confirmed it to be the same stolen vehicle that had been evading them earlier in the night.  You were sitting in the driver's seat, you started the engine, reversed a short distance and crashed into a yellow Honda before driving forward and colliding with a metal traffic bollard and a tree causing damage to both.  You reversed again and accelerated into the side of the police vehicle in an attempt to escape.  SC Witty got out of the police car and yelled at you to stop and get out. You accelerated forward and rammed the police vehicle once more causing the police vehicle's steering to become unresponsive.  SC Cameron was in fear for his life.  SC Witty believed that their lives were in extreme danger.  You created a big enough gap for the Holden to fit through and reversed down Bayswater Road.  You collided with parked vehicles on both sides of the road and continued on.  At one stage when the car was swerving down the road, SC Witty had to dive out of the way as he was in fear of being hit.  That is Charge 2, conduct endangering persons; summary Charge 24, unlicensed driving, summary Charge 39, commit indictable offence whilst on bail.

11Senior Constables Cameron and Witty then chased the Holden on foot.  You collided with a fence outside 70 Bayswater Road and stopped.  You left the vehicle and pointed a single barrel shotgun towards SC Witty, you shouted "Back off or I'll fuckin' shoot you".  SC Witty shouted at you, "Police, don't move, get on the ground” and pointed his firearm at you.  You shouted, "I'll fuckin' shoot you, fuck off" and you ran south on Bayswater Road.  In fear for their lives, SC Cameron and SC Witty took cover behind a parked vehicle.  You ran off and the police officers lost sight of you.  SC Cameron then observed another male sitting in the front passenger seat of the vehicle.  That person told police that, "Danny was holding a shotgun in his hand, he was holding it right handed.  I don't know much about guns but it was a single barrel shotgun, silver in colour.  He was shouting something at police and pointing it at their direction"; Charge 5, threatening injury to prevent arrest, Charge 6, prohibited person possessing firearm.

12A short time later, a canine unit attended and tracked you along Bayswater Road. An unloaded single barrel shotgun which had been altered, by having both the stock and barrel cut down, and three shotgun shells, were located nearby; Charge 38, possess ammunition.

13On Friday 6 May 2016 at 2.30 am, you were arrested at the Nunawading Motor Inn by the SOG.  Police conducted a search of the room where you were arrested and located a small amount of methylamphetamine in the bathroom; Charge 7, possess a drug of dependence.  You were later interviewed at the Melbourne North police station.  You made "no comment" answers to the questions put to you. 

14Your conduct in February 2016, March and April in relation to the thefts of the car and the surrounding circumstance which encompass a number of offences is reprehensible and dishonest behaviour involving theft and other offences.  The behaviour on 18 April and in May of 2016 on the dates outlined is serious criminal offending of very grave character.  The objective gravity of the offending by endangering the lives of police officers in the execution of their duties by the ramming of police vehicles, refusing to stop, involving attempts to pursue you and attempts to intercept cars being driven by you, all exposed the police officers to significant injury or death.  The threat to police while armed is a very serious criminal offence, the type of conduct which causes consternation and fear not only to those going about their police duties but to the community at large and the community rightly looks to the court to denounce such conduct by just punishment and in consideration of community protection. 

15General deterrence must feature prominently in the sentence, to dissuade and deter those who are like minded to so offend.  The impact of your offending can be gleaned from the victim impact statements which the court received.  I take these statements into account. 

16Acting Sergeant Cameron writes of the level of aggression displayed by you and the genuine fear of death it engendered.  That fear has caused him to consult a psychologist at length in order to deal with the trauma of it.  He is hyper vigilant for particular things and circumstances which trigger a memory of the events. His state of alertness and anxiety are ongoing, leading to self-doubt and impacting on his work and his private life.  As a supervisor, he is often left with feelings of paranoia about the safety of his team  and distrust socially of others who might know of his work.

17Senior Constable Witty was threatened by you with a shotgun after you rammed his car, while he was in it.  He has experienced extreme trauma and upset affecting his personal and private life.  He experiences nightmares, replaying the events in his mind, making rest difficult and short temper frequent.  He too replays the events in his mind and often this causes panic and anxiety.  He too has consulted a psychologist in order to adequately deal with these events and in order not to rely on alcohol or other means to overcome them.  His personal life has been impacted with social trust affected, as well as his family life.

18Constable Hudson also provided a victim impact statement.  His response has been similar to the other officers.  He has lost sleep and as he replays the incidents in his mind, they tend to affect his performance at work recalling that his life and general safety were put at serious risk and in danger. 

19I take your plea into account.  It was indicated as your intention at a committal mention and so at a reasonably early stage of proceedings.  I will assign such plea a discount according to law.  The plea has a utilitarian value which I take into account as having saved the community the expense of a trial and its attended inconvenience and trauma for witnesses.  I accept that the plea is some evidence of remorse although this aspect is often difficult to assess without more specific evidence.  I am prepared to accept that the plea is an instance of the fingerpost of some regret and remorse.  I will refer to other evidence in this context later.

20I take your personal circumstances into account.  This consideration begins with your prior criminal history which goes to the aspect of specific deterrence and prospects of rehabilitation.  Your prior criminal history starts in 1995, when aged 18, with driving offences in Victoria and New South Wales.  You were given a suspended sentence for reckless conduct endangering serious injury, driving recklessly at a dangerous speed and theft.  These very earliest of priors reflect almost precisely the charges you face 20 years or so later in this court.  That sentence was partially reinstated the next year.  On that occasion you were in court in relation to attempts to traffic cannabis and apart from another suspended sentence, you were placed on a community based order.  The suspended sentence was then breached in 1997 when you were aged 20 and the CBO was cancelled and you were sentenced to four months imprisonment for thefts and burglary.

21In 1998, you appeared three times for a variety of offences from theft of cars to refusing breath test to drive whilst disqualified, to careless driving, to assaulting police.  Sentences were again suspended.  In 1999 the suspension was extended for 12 months after you stole a car and refused a preliminary breath test and drove whilst disqualified. The records  as to that sentence specifically referred to what  were considered ‘exceptional circumstances’, that is, the offences having taken place soon after an episode which had led to the  taking of an overdose by your brother, an event which then had led to consequent brain damage to him. Upon the Magistrate apparently suspended the sentence because he accepted that you had   "shown commitment to deal with your own substance abuse problem at a time when you'd found steady employment and were in a stable relationship, where you had family commitments".  An ICO was ordered for further offences on that occasion, offences which are relevant; careless driving, drive in a dangerous manner at speed, refuse a breath test, drive whilst disqualified.

It was a disposition and an opportunity you did not grasp.

22In March of 2000, you were back in court having failed to comply with the ICO and you were fined, placed on a community based order to perform community work and the unexpired ICO was ordered to be served.  Again, in mid-2000 you were convicted to a six months' sentence, suspended for two years, for driving whilst disqualified.  You breached that suspended sentence by more disqualified driving and the sentence was restored in 2003.  The previous year in 2002, you had been over to Western Australia and been fined there for driving contrary to a learner's permit, then in March 2003, you were convicted and sentenced to six months' imprisonment for burglary, theft, attempted theft of car, theft of car, bail offences, exceeding the prescribed concentration of alcohol, driving whilst disqualified, over the speed limit, possession of cannabis.

23Concurrent with that sentence was a sentence of August 2003 of drive whilst disqualified, drive in a dangerous manner and driving whilst exceeding the prescribed concentration.  In 2005 in this court, you were convicted and sentenced to three and a half years with a non-parole period of 21 months for armed robbery and theft (two charges).  The sentence of His Honour Judge Anderson was tendered.  The factual circumstances are noteworthy.   You had contacted the victim who had advertised his car and he agreed to meet you to test drive the car.  When inside the car, you produced a pistol, pointed it at the owner and drove off with the car.  Later you stole petrol and registration plates.  During that sentence, 11 years ago, it was said that in 2003 and 2004 you spent a period on remand at Port Phillip Prison in a youth unit but you were later removed because of your conduct and poor attitude.

24By August 2004 however, you were behaving politely and appropriately.  So much so that Ms Anne Hooker, very experienced youth development officer at Port Phillip Prison, trained you as a mentor to the youth unit, a role which seeks to encourage participation in programs to resolve problems in the unit.  She told the court on that occasion that you were well regarded by both staff and prisoners.  You achieved the position of trust in the prison and completed a large number of programs.  Ms Hooker at that time believed that upon your release you would make the most of your opportunities to rehabilitate. 

25The use of a weapon on that occasion was particularly disturbing and no explanation was offered for the use of the firearm.  On that occasion, the court accepted you had taken significant steps over the last few months towards what hopefully would be a successful rehabilitation.  However, in 2007, you were back in court with another drive whilst disqualified and exceed the prescribed concentration for which you received another suspended sentence.  You had by that time the sole care of your child and the court noted that you had taken some steps to deal with alcohol and other issues.  Then in 2008 in Albury in New South Wales, you were imprisoned for nine months suspended, upon entering a bond for assault occasioning actual bodily harm.

26There is a reasonable gap of some eight years to 2016 when in January you went to court again over theft of a car, handling, committing offences on bail, contravention of family violence intervention orders and unlicensed driving, for which you were placed on a community corrections order for 18 months.  Of itself, this history would indicate that this is a long standing and relatively consistent pattern of criminal conduct which has encompassed your behaviour. 

27You are 39 years of age and were between the ages of 38 and 39 when the offences here occurred.  Your prior history shows the long standing difficulties you have with self-medication and a poly substance abuse disorder.  Four separate reports were received by the court in relation to relevant circumstances of your background , relating in particular to your ice dependency and pre-existing post-traumatic stress disorder.  I will take their contents into account. 

28The first was a report from the Latrobe Regional Hospital after admission and discharge.  You had been admitted in September of 2015 after ice use and disagreement with your ex-partner over your drug use which prevented you access to your eight year old son.  You were admitted and prescribed anti-depressants but you did not continue to take them and were discharged three days later.  You were suicidal and reflected themes of hopelessness and worthlessness.  You were said to be keen for rehabilitation but scared of the road ahead. 

29The second report was in the form of a letter from Dr Mishra who attests to your involvement in a drug and alcohol program offered by Karen Ish at the Marngoneet Correctional Centre.  As of November 2016, you were engaged in an intensive drug and alcohol treatment program which you will complete by February of next year.  This is a voluntary program and is said to be a most intensive four month program involving four sessions per week working towards therapeutic goals by way of cognitive skills based training requiring high motivation and insight and capacity to engage in intense therapy on a daily basis, which you appear to have done.  This represents a significant step forward in your rehabilitation.

30The third report is of Ian McKinnon, a forensic consultant psychologist who assessed you in October at Marngoneet.  He obtained a family history, educational history and medical psychological history to which I will refer later on.  Mr McKinnon provided a psychological assessment and opinion.  He opined that you appeared to be suffering from post-traumatic stress and poly-substance abuse disorder.  Your general cognitive function is within the normal range.  You did not appear to suffer from any organic or acquired brain injury.  You appeared psychologically distressed having long suffered with a PTSD and poly-substance abuse disorder entailing the late chronic abuse of ice. 

31The PTSD has its origins in parental abandonment and sexual abuse.  These traumas appear to have led you to become a troubled young man who was introduced to substance abuse and this becoming a chronic issue in your life.  In 2013 and 2014, the symptoms of these disorders were severely exacerbated after your son apparently suffered sexual assault.  You remain in partial remission during your current remand but you are at high risk of relapse upon your release. 

32Despite the antisocial tendencies that have led you into your prior criminal offending, you appear to have genuine emotional attachments particularly to your son.  You expressed regret and remorse for your offending and Mr McKinnon was able to highlight past period of employment, stable personal relationship period between 2008 and 2016,  between which time you appeared to be capable of pro-social lifestyle.  The relationship with your partner broke down and you then learned that your son had been sexually assaulted after which your psychological condition appears to have unravelled, elevating your propensity for impulsive self-destructive and erratic, aggressive behaviour. 

33During periods of elevated personal stresses, you are liable to relapse into severe substance abuse and during these episodes, Dr McKinnon says you give little thought for your adult and community responsibilities and are likely to care little for your own welfare, let alone that of others, posing a serious risk to others and yourself.  Your current remand appears, according to him, to have had a beneficial effect on you by withdrawal and abstinence but post release, may still leave you vulnerable to relapse.  Imprisonment is not preventative for that future risk but it must punish and deter you sufficiently to limit that vulnerability, accompanied at that time by appropriate parole conditions to assist you.  I take his report into detailed account.

34You were born in Melbourne and raised by your grandparents and uncles.  Your parents were effectively absent leaving you at the mercy of abuse which, when you were six or seven, went on for two or three years.  Even in later years, your contact with your parents has been sporadic although you have contact with your maternal half siblings.  Unfortunately you were raised in an environment where drugs and alcohol were a pervasive presence which led you eventually to offending.  In 2007, your brother overdosed on heroin and suffered brain damage and spent several years in hospital and a nursing home before dying in 2009.  You had been close and this loss had a profound impact on you.  But rather than dissuade you from drug use, it plunged you deeper into its environment.  In 2005, you met your now ex-partner, Andrea, and you have a son by this relationship, in her care.

35You managed to remain offence-free in the context of this relationship, however in 2013-2014  the discovery of the abuse of your son caused this positive period to come to an end.  Instability in yourself and your family followed.  In 2015, your grandfather died.  He had also been an important positive figure in your life.  You have recently had a 12 month relationship with another woman.  Your educational history is unremarkable.  Your academic achievement limited, but you then completed a butcher's apprenticeship, a trade you worked at when you were not in work on farms. 

36You began alcohol use at age 15 and then used speed at age 16 and methyl amphetamine had been your preferred substances of abuse, habitually graduating to two to four grams of ice daily; a significant quantity of what is an insidious drug.  You experienced sleeplessness, periods lasting weeks, accompanied by paranoia in 2005-2016.  It is likely that these offences were committed under its influence. 

37In 2008, you spent 12 months, you told McKinnon, as a resident at an Albury rehab location with follow up counselling.  Even that long effort proved ultimately ineffective.  In September 2015, as I have already noted, you were admitted to the mental health unit of the Latrobe Regional Hospital.  In the same period, you were admitted to the Bairnsdale psychiatric unit with drug induced psychosis and making suicidal gestures.  You are experiencing anxiety and depression whilst in reclusion.  You have received visits from your current partner, Jessica.  You have, while on remand, completed a course to the effects of ice and are currently participating in a four month intensive drug program which includes one-on-one counselling.  Those efforts are to your credit.

38I accept that in speaking to McKinnon, you expressed genuine remorse for your offending with insight into the consequences which could have flowed from your behaviour and I also accept that you expressed to him your intention to return to a law-abiding working life in the community. 

39Although your psychological disorders may have contributed to your behaviour by degrading your ability to reason and make sound judgments, as well as elevating your propensity for impulsive and erratic behaviour fuelling aggressive anti-social behaviour, these conditions are not causative of your offending.  Nor is the drug use an explanation which can provide an excuse or amelioration of your penalty.  In my view, your disorder, even if accepted as a mental condition spoken of in the context of Verdins principles, is neither causative in the appropriate sense nor causally linked to it.  The connection is not causative; it provides the context with which your behaviour can be seen to descend into its dangerous and criminal aspects of violent, threatening and contumacious nature.  It does not reduce moral culpability on the basis of an indirect causal link between offences, drug use and mental disorder.  It is notable that the extent of the drug use and the mental health issues and the impact on your behaviour have been well known to you for a long time.  Despite their genesis being found in traumatic events which were external to you and which no doubt caused you some trauma, the consequences particularly of your drug taking must have been well known to you.  In this sense, any reduction in moral culpability must be very limited indeed.  In any event, it is to be placed in an overall context in which features of your offending point to aggravation rather than amelioration:  you had been placed on a community corrections order in January of 2016 and begin to commit these offences whilst you were also subject to bail, on 8 February and December 2015 on other matters.

40A number of the offences are reflective of spontaneous decisions but some of the offences are clearly committed after a certain amount of premeditation and planning involving false documents and the possession of weapons in anticipation of conflict with police.  General deterrence and specific deterrence are primary considerations in this sentence and although your hopes for rehabilitation are not forlorn and the Court’s desire to encourage rehabilitative prospects must continue, your future prospects must be guarded.  In August, post offences, you were again in court sentenced to a period of imprisonment for the contravention of the community corrections order of January by further offences.  The community corrections order had been relating to thefts of cars, exceeding the alcohol level,speeding, unsafe driving and assorted driving offences.  The breach involved contraventions of family violence intervention order, car theft and handling stolen goods.  It is clear that the reckless conduct in which you have engaged must be deterred by condign punishment, by a sentence which finally brings home to you that such behaviour is unacceptable and must cease , leading  to even more catastrophic consequences for you and others if you continue.

41I have taken into account the references tendered on your behalf.  Herman Googeler was married to your mother for 20 years but they are now divorced.  He has known you since you were young.  He considers himself a stepfather.  He is prepared to offer you a home upon your release.  He speaks well of your more recent period of stability and his support is an important matter for your future.

42Your friend, Belinda Micallef has also spoken of your affection, friendship and the loss of your brother and her hope for your future rehabilitation.  Finally, the Court also received a letter from Leon Soster of Teenage Challenge Victoria.  Mr Soster first met you in 2010 when you took on an internship at the substance abuse treatment program at Kyabram.  You later became the site manager of a farming property at Willowgrove for a church Trust.  You were there with your wife and son and attending church regularly in Morwell.  At that time, Soster was able to observe a settled and positive period in your life.  You helped out at a local school, set up a men's group for the area.  It was clear your pro-social activities and lifestyle were positive and worthy efforts.  He expressed his belief that you may have prospects for your future beyond incarceration.

43On Count 1, conduct endangering person; you are convicted and sentenced to two and a half years' imprisonment.

44On Count 2, conduct endangering persons of serious injury; you are convicted and sentenced to two and a half years' imprisonment.

45On Count 3 of theft; you are convicted and sentenced to 12 months' imprisonment.

46On Count 4 of theft; you are convicted and sentenced to 12 months' imprisonment.

47On Count 5 of threatening to injure to prevent arrest; you are convicted and sentenced to four years' imprisonment.  That is the base sentence.

48On Count 6 being a prohibited person possessing a firearm; you are convicted and sentenced to three years' imprisonment.

49On Charge 7 of possessing a drug of dependence; you are convicted and sentenced to three months' imprisonment.

50On Charge 8 of theft; you are convicted and sentenced to 12 months' imprisonment.

51On Charge 22 of unlicensed driving; you are convicted and sentenced to one month imprisonment.

52On Charge 24 of unlicensed driving; you are convicted and sentenced to one month imprisonment.

53On Charge 25, fail to answer bail; you are convicted and sentenced to two months' imprisonment.

54On Charge 26, dealing with property suspected of being proceeds of crime; you are convicted and sentenced to four months' imprisonment.

55On Charge 28, committing an indictable offence whilst on bail; you are convicted and sentenced to one month imprisonment.

56On Charge 30, possession of personal property reasonably suspected to be stolen (the licence); you are convicted and sentenced to one month imprisonment.

57On Charge 35, failing to stop a vehicle after an accident; you are convicted and sentenced to seven days imprisonment.

58On Charge 36, committing an indictable offence whilst on bail; you are convicted and sentenced to one month imprisonment.

59On Charge 38, possessing ammunition; you are fined $300.

60On Charge 39, committing an indictable offence whilst on bail; you are convicted and sentenced to one month imprisonment.

61On Charges 40 and 41 of unlicensed driving; you are convicted and sentenced to one month on each.

62On Charge 43, committing an indictable offence whilst on bail; you are convicted and sentenced to one month imprisonment.

63The sentences on Counts 35 and 36, on 40 and 43, on 30 and 41, the sentence on Charge 7, the sentence on Charge 24 and the sentence on Charge 28, 30, 35, 36, 39, 40, 41 and 43 are all concurrent sentences. 

64I order that the base sentence be the four years on Count 5.  I order that nine months on Count 1, nine months on Count 2, six months on Counts 3 and 4 and 8 and nine months on Count 6 together with one month on Count 22 and two months on Count 25 be cumulative on each other. 

65That makes a total effective sentence of eight years.  I set a non-parole period of four years and nine months.  But for your plea, I would have sentenced you to nine years with five years and nine months as a non-parole period.

66Application was made for disposal and forfeiture of various items.  I will sign such orders when they are available. 

Compensation is sought in the amount of $18,700 for the red 2008 Holden Commodore V8 station wagon registration JJ MACK to RACV Insurance.  I will make that order.  Compensation is also sought in the amount of $3,124 to Woolworths Caltex for damage to property and I will make that order.  When those orders for compensation and disposal are ready, I will sign them.

67HIS HONOUR:  I appreciate that there are a number of counts and cumulation but if there is any difficulty, contact my Associate.  I think that the maths is right.

68MS HOGAN:  I haven't had a chance to double check it.

69HIS HONOUR:  I understand that.  If there's any difficulties, you can speak to my Associate.  You can remove Mr Kellett, thank you. 

70I have signed the disposal order, the forfeiture order and the two orders for compensation. Thank you both.  Sine die.

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