Director of Public Prosecutions v Kettyle
[2017] VCC 1975
•19 December 2017
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
Case No. CR-17-01254
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| JOHN KETTYLE |
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JUDGE: | HIS HONOUR JUDGE RYAN | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 19 December 2017 | |
DATE OF SENTENCE: | 19 December 2017 | |
CASE MAY BE CITED AS: | DPP v Kettyle | |
MEDIUM NEUTRAL CITATION: | [2017] VCC 1975 | |
REASONS FOR SENTENCE
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Subject: CRIMINAL LAW
Catchwords: Sentence – Handling Stolen Goods – Reckless Conduct Endangering Life – Possessing Firearm whilst Prohibited – Multiple related Summary Offences – Driving offences – Plea of Guilty
Legislation Cited: Sentencing Act 1991
Sentence: 5 years and 6 months imprisonment with a non-parole period of 4 years imprisonment; 517 days pre-sentence detention; Section 6AAA declaration 7 years and 6 months imprisonment; Fine; Licence cancellation; Forfeiture order.
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Mr A. Cecil | Solicitor for the Director of Public Prosecutions |
| For the Accused | Mr T. Sawyer | Valos Black |
HIS HONOUR:
1 John Kettyle, on 20 November 2017 you pleaded guilty to an indictment containing five charges of handling stolen goods (Charges 1, 3, 5, 7 and 8); two charges of reckless conduct endangering life (Charges 2 and 4); and one charge of being a prohibited person in possession of a firearm (Charge 6).
2 Additionally, you pleaded guilty to 40 related summary offences.
3 You admitted your prior convictions which include eight appearances between July 2004 and August 2015, resulting in 23 convictions or findings of guilt. You have prior convictions for dishonesty, violence, motor vehicle and bail offences. Your prior convictions occur when you were aged between 18 and 27 years. You have been fined without conviction, fined with conviction, released on community-based orders, received suspended sentences and a term of imprisonment, together with a community correction order.
4 In addition, I was provided with a LEAP record in respect to your subsequent offending (see Exhibit 8).
5 All of the instant offending occurred whilst you were undergoing a suspended term of imprisonment and whilst on bail. These are aggravating factors of your offending. However, it is to be noted that you face a related summary offence of commit an indictable offence on bail (Charge 21) in respect to Charge 8 on the indictment, handling stolen goods.
6 Tendered as Exhibit A on the plea and read aloud in Court was the amended summary of prosecution opening. Set out in that document are summaries of 13 incidents, together with the result of a search of your premises that occurred on 20 July 2016. As well, set out in the document are the maximum penalties that apply to each of the offences to which you have pleaded guilty. I will not repeat nor summarise the narrative that relates to your offending but append a copy of the amended summary of prosecution opening to these reasons for sentence. It must be noted that paragraph 37(e) of Exhibit A was deleted and was not relied upon, whilst related summary offences 34 and 36 were struck out during the course of the plea.
7 In respect to the related summary offences related to Charge 6 on the indictment there is an overloading in respect to the number of offences to which you have pleaded guilty and I will endeavour to avoid double punishment in this respect.
8 Tendered on you plea were Exhibits 1 and 2, being reports of Ms Carla Lechner, psychologist, dated 22 November 2016 and Mr Jackson, neuro-psychologist, dated 21 January 2017 respectively. Each report was prepared for a hearing in the Magistrates’ Court on 16 March 2017 for offending that predated the instant offending but which was dealt with subsequently (see Exhibit 8).
9 You are 31 years of age. You grew up in the Seymour and Pakenham areas. You were diagnosed with dyslexia towards the end of primary school. You were expelled from school during Year 8, “for fighting and not doing work”. That was a product of being bullied at school. You left home at about the same time as your expulsion from school.
10 Your home life was characterised by acts of violence meted out to you by your father that included an occasion when your father knocked out your front teeth. Your father, however, was never violent towards your mother. You have three siblings and have a good relationship with your mother and your younger sister, Jessica.
11 After leaving home you, “couch surfed”, for a considerable period of time until at about the age of 18 years you found demolition work. You spent two years in this type of work until your older brother, Joel, found you work, working with cranes. You have your dogman, rigger and crane driver tickets.
12
In April 2015 you were the victim of an assault. There were no medical records relied upon in respect to this matter. Your current partner, Ms Reid, gave evidence on your behalf and swore that after the assault she observed you with a gash to your head, you were vomiting and going in and out of consciousness. You showed evidence of being struck to the face, particularly the area of the jaw and you had lost teeth. It is unclear when, but you consulted a general practitioner and underwent a CT scan. I was not told the result of this test. At the time of your arrest for the instant offences, Ms Reid swore that you were due to have an MRI scan and consult a specialist of unknown speciality.
Ms Reid swore that after the assault you stopped working, became distant, moody and depressed and, further, that you self-medicated with the drug, ice.
13 The assault in 2015 occurred during a, “run through”, which resulted in your housemate shooting dead one of the intruders. After a period of time you made a statement to members of the Homicide Squad. It was put on your behalf that from that time you were called a “dog” and had been subject to threats after the contents of your statement appeared on Facebook. It was put that fear of reprisal justified the commission of the firearms offences to which you pleaded guilty.
14 Your statement to the police, Exhibit 4 on the plea, is vague and is limited to the assault on you. In other words, you made a victim’s witness statement. You could not be classified as an informer. Since being arrested and remanded in custody for the instant offences, you have been on protection. Apart from a period of one month whilst you were in the Metropolitan Assessment Prison and subject to 23 hour per day lockdown, there have been no real restrictions on you whilst incarcerated at Port Philip Prison and the Hopkins Correctional Centre whilst under protection. At the time of your consultation with Ms Lechner on 22 November 2016 you were working as a billet at Port Philip Prison. However, I was informed that when you were transferred from the Metropolitan Assessment Prison to Port Philip Prison in August 2016 you were assaulted on the basis that you were “a dog”. Since that time you have had no further difficulties. Since March of this year you have been incarcerated at the Hopkins Correctional Centre and there too you are a billet. You are confined to your cell between the hours of 7.30pm and 7.30am whilst at Hopkins.
15 As to your movements within the prison system, see Exhibit 9 prisoner indent report.
16 As to your drug history, you commenced to use cannabis when you were aged 17 or 18 years. You turned to ice at age 25 but did not like that drug. However, you used that drug regularly after the assault of April 2015 by way of self-medication. The conduct the subject of the instant offences is highly suggestive of abuse of the drug, ice.
17 Ms Lechner assessed you as being of low average intelligence. Using only an indicative tool based on self-reporting, she assessed you as falling within the extreme range of depression. She noted that you were treated with the drug, Avanza. In her report Ms Lechner opined:
“Mr Kettyle currently presents with symptoms of Stimulant & Cannabis Use Disorder in remission in a controlled environment and Post-Traumatic Stress Disorder.”
18 Mr Jackson, upon testing, assessed you as within the borderline range for intelligence generally.
19 Mr Jackson reported:
“Mr Kettyle reported severe ongoing problems with depression and anxiety. Clinically, he presented as severely depressed with a severely lowered mood and no positive emotional affect. However, there were no overt symptoms of anxiety. Formal questionnaires of mood were not given due to his poor literacy skills.”
20 Mr Jackson further opined:
“In terms of current cognitive profile it can largely be explained by ongoing severe depression, anxiety/PTSD and medication.”
21 Mr Jackson was unable to determine whether you had suffered a traumatic brain injury as a result of the April assault, and whilst he was satisfied that you were receiving antidepressant medication, he was of the view that you required treatment for your ongoing psychiatric problems and that the more delay there is in getting appropriate treatment, the more likely that your condition will become intractable, chronic and less amenable to intervention.
22
Tendered as Exhibit 5 on the plea were three references from your partner,
Ms Reid, your brother, Joel Kettyle, and Mr C.E. Hicks. Ms Reid confirmed the contents of her reference on oath. She met you when she was pregnant in 2011. You became friends. You started going out in 2012 and did not live together until 2014. You fulfilled the role of father to Ms Reid’s daughter, Millie, who is age six. You have a son, Ryder, from a previous relationship. Ms Reid contacts you by phone at least once per day and visits you once every four to six weeks. Upon release you will reside with her.
23 It was put that upon release you would have employment with the crane company, Form 700, alongside your older brother, Joel. The reference provided by your brother was called in aid of this proposition. The reference does not say that you will have work with Form700 upon your release and on the face of the reference your brother is not in a position of authority to guarantee such a state of affairs. Further, Ms Reid, in her evidence, said that she believed that you would find work with Form700, not that you would. I am not prepared to act on the basis that you will have a position with Form 700 upon your release, although you do have the appropriate qualifications to obtain work in the crane industry and it is likely that you will do so.
24 Mr Sawyer of Counsel relied upon your plea of guilty and the benefits that flow to you from it. He submitted that your moral culpability ought to be reduced because of your psychiatric condition. I can find no evidence of a nexus between your offending and the psychiatric or psychological illness that you may suffer from. Rather, your conduct seems referable to your abuse of the drug, ice.
25 Mr Sawyer relied upon the fact that you are a prisoner under protection in order to mitigate your sentence. Apart from the initial month at the Metropolitan Assessment Prison where you were under a 23 hour per day lockdown regime, and the assault that took place on you at Port Philip Prison, which I must and do take into account in arriving at an appropriate sentence in your circumstances, generally speaking, your circumstances have not been anything out of the ordinary save that you are a prisoner under protection and are housed with like prisoners. You have worked and do work as a billet and the time period for which you are locked in your cell is not outside the norm.
26 Ms Reid said that there have been no further threats to you since your first week at Port Philip Prison, which according to Exhibit 9, was in August 2016.
27 Mr Jackson opined that you are in need of therapy and that you were not receiving therapy whilst in prison. He opined:
“The more delay there is in getting appropriate treatment, the more likely it is that his condition will become intractable, chronic and less amenable to intervention.”
28 Accordingly, your time in custody will adversely affect your ability to be treated successfully in the future and I take this into account in arriving at an appropriate sentence in your circumstances.
29 Your offending, both by way of the indictable offences and related summary offences, is a serious example of offending of its kind on a continuing basis. I regard your prospects for rehabilitation as guarded, taking into account your antecedents and that any prospect for rehabilitation that you might have is entirely dependent upon you becoming and remaining drug-free.
30 Doing the best I can, taking into account the objective circumstances of your offending and your personal circumstances and applying sentencing principles, I sentence you as follows. In respect to the indictable offences:
on Charge 1, 18 months’ imprisonment;
on Charge 2, 15 months’ imprisonment;
on Charge 3, 18 months’ imprisonment;
on Charge 4, 20 months’ imprisonment;
on Charge 5, 18 months’ imprisonment;
on Charge 6, 18 months’ imprisonment;
on Charge 7, 18 months’ imprisonment; and
on Charge 8, 18 months’ imprisonment.
31 I order that five months of the sentence imposed on Charge 2 and four months of each of the sentences imposed on Charges 3, 5 and 8, and six months of each of the sentences imposed on Charges 4 and 6, be served cumulatively upon each other and upon the sentence imposed on Charge 1. This results in a total effective sentence of 47 months upon the indictment.
32 In respect to the related summary offences, gentlemen, I will provide you with a copy of these sheets to assist you and I should have done so beforehand, in respect to the related summary offences, Charges 3, 5, 8, 86, 88, 89, 91, 92, 94, 96, 98, 100, 102, 106, 108, 14, 15, 110, 112,113, 115, 16, 18, 65, 66, 79 and 80, I sentence you to an aggregate term of imprisonment of 15 months.
33 In respect to Charges 7, 75, 83 and 20, you are convicted and fined the sum of $250 on each charge, making a total fine of $1000 and I grant a stay of three months for the payment of that fine.
34 In respect to the aggregate sentence of 15 months, I order that it be served cumulatively upon the sentence imposed upon the indictment.
35 In relation to the balance of the related summary offences, I sentence you as follows:
on Charge 22, six months’ imprisonment;
on Charge 24, convicted and discharged;
on Charge 26, convicted and discharged;
on Charge 28, one month’s imprisonment;
on Charge 30, one month’s imprisonment;
on Charge 32, convicted and discharged;
on Charge 69, three months’ imprisonment;
on Charge 84, one month’s imprisonment; and
on Charge 21, one month’s imprisonment.
36 I order that one month of the sentence imposed on Charges 22, 28, 30 and 69 be served cumulatively upon each other and upon the sentence imposed upon the indictment and the aggregate sentence. This results in a total effective sentence of five years and six months’ imprisonment and I order that you will become eligible for parole after serving four years’ imprisonment.
37 I have checked PSD as 517 days; is that so?
38 COUNSEL: (Indistinct words).
39 HIS HONOUR: Thank you very much. I declare that you have spent 517 days by way of pre‑sentence detention. I cancel all licences and permits held by you under the Road Safety Act 1986 and I disqualify you from obtaining any such licence or permit for a period of four years.
40 Pursuant to s.6AAA of the Sentencing Act 1991, I declare that but for your plea of guilty I would have sentenced you to a total effective sentence of seven years and six months’ imprisonment and a non-parole period of five years’ imprisonment.
41 Could you please, Mr Associate, Photostat two copies of that and provide that to counsel? We will just wait for that to be done, Mr Cecil, thank you very much. Thank you. I apologise, gentlemen. I should have provided those sheets to you prior to announcing sentence. It would have made your life easier.
42 MR CECIL: I have checked the math and it is correct, Your Honour.
43
HIS HONOUR: Thank you very much, Mr Cecil. Whilst that is being done,
Mr Cecil.
44 MR CECIL: Just a number of housekeeping matters, Your Honour.
45 HIS HONOUR: Yes, sir.
46 MR CECIL: There is an application for a 464 order.
47 HIS HONOUR: Yes.
48 MR CECIL: It is for a swab only.
49 HIS HONOUR: Yes.
50 MR CECIL: Unless with the proviso.
51 HIS HONOUR: Yes.
52 MR CECIL: I will just make sure that - I will have to amend a certain typographical error on it, Your Honour. It does not go to the heart of the order. It is merely the OPP reference system.
53 HIS HONOUR: I am in your hands, Mr Cecil.
54 MR CECIL: One day I will venture to go to court without a red pen, Your Honour. A day of interest to many people I think, and there is a forfeiture order, sir. A list has been sorted out by the informant that includes material to be returned to the accused.
55 HIS HONOUR: Yes.
56 MR CECIL: And also material that is the subject of notices of abandonment. I have kept them on for the court record.
57 HIS HONOUR: Thank you very much, Mr Cecil.
58 MR CECIL: So there is no conflict on that.
59 HIS HONOUR: Mr Kettyle, the Crown have made application for what is known as a forensic procedure, which will be a scraping from your mouth. I propose to grant that order because of the seriousness of the circumstances of your offending warrant the order, your prior convictions warrant the making of the order, and the granting of the order is in the public interest. I must inform you that if at the time of request you do not consent to the taking of a mouth scraping under the supervision of an authorised member of the police force, then the sample to be taken will be a blood sample and police may use reasonable force to enable that forensic procedure to be conducted. I hand down three copies of the 464ZF order and I hand down three copies of the forfeiture order. You may break the link with the prisoner, please.
60 Thank you, gentlemen, for your attendance.
- - -
Annexure A – Amended Summary of Prosecution Opening for Plea
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE | Court Reference: CR-17-01254 Indictment No: G11990445 |
CRIMINAL JURISDICTION
IN THE MATTER OF Section 182 of the Criminal Procedure Act 2009
| Prosecution of John Daniel KETTYLE |
AMENDED SUMMARY OF PROSECUTION OPENING
| Date of Document: Filed on behalf of: Prepared by: JOHN CAIN Solicitor for Public Prosecutions 565 Lonsdale Street Melbourne Vic 3000 | 19th November 2017 Director of Public Prosecutions Solicitors code: 7539 Reference: Alan Cecil Telephone: (03) 9603 7514 File Number: 1604301 |
- The offender, John Daniel KETTYLE, was born on 10th October 1986. At the time of this offending he was 29 years old. He was living with his partner TARA REID and her daughter at Unit 10/32 Golden Avenue, Bonbeach.
First Incident: 1st April 2016
- Police on routine patrol in Wangaratta on 1st April 2016 at approximately 4.30am saw a speeding black Ford Ranger. A chase ensued with the marked police vehicle using its emergency lights in an attempt to intercept but the pursued car reached speeds of 140-160 kph and police lost contact although not before a partial licence plate identification was recorded.
- Investigations revealed the plates were false and altered but very similar to those on a black Ford Ranger stolen from a suburb near Bonbeach on or about 1st March 2016. (Charge 1: Handling Stolen Goods).
- This vehicle was valued at $50,000 and has never been recovered.
- A further identification and pursuit of the same vehicle occurred at Wangaratta at about 4.30pm that day. At one stage the offender’s vehicle was trapped by police in a street. They blocked his path and operated their emergency lights but the offender drove off past them (Summary charge 3: Fail to Stop Vehicle on Police Request).
- Police maintained their pursuit of the offender’s vehicle along approximately 5 kilometres of the Wangaratta-Yarrawonga Road, reaching speeds of over 150 kph; but the police lost ground. The offender was observed by police during this pursuit to drive on the wrong side of the road several times towards on-coming traffic. Eventually, due to the risk to other road users, the police ceased pursuit (Charge 2: Reckless Conduct Endangering Life).
- Despite road-blocks in Victoria and southern New South Wales, and the use of the Air Wing, the offender was not located that day (Summary charges 5: Unlicensed Driving, 7: Exceed speed limit by less than 35kph, and 8: Unlicensed driving).
- The offender was identified as the driver on that day from a combination of speed camera stills at various places showing the stolen black Ford Ranger being driven by a person whose hands on the steering wheel bear singular tattoos which were later found to match those observed on the hands of the offender.
Second Incident: 29th April 2016
- The offender had purchased a blue Holden Commodore registered number 1FO 1YK. He was also in possession of a mobile phone with an account in the name of SAMUEL PENNY.
- On this day records from Speed Detection Cameras trace the progress of the offender on the Hume Highway heading south from Broadford to Chelsea between approximately 8.20pm and 9.00pm; speeds of approximately 170 kph being detected (Summary charges 86: Driving at a Speed Dangerous, and 88: Unlicensed driving).
- On that day at about 9.20pm the offender attended the Chelsea Police Station to ‘sign on’ to bail.
Third Incident: 30th April 2016
- The following day police traced the offender’s movements back to Wangaratta by a similar means of plotting his progress along the Hume Highway by Speed Detection Cameras and Telstra’s mobile phone towers. Speeds of approximately 150 kph were detected (Summary charges 89: Driving at a Speed Dangerous, and 91: Unlicensed driving).
Fourth Incident: 1st May 2016
- From the offender’s mobile phone records police determined the offender travelled south along the Hume Highway ending up at Chadstone on this day. Speeds of approximately 150 kph were recorded (Summary charges 92: Driving at a Speed Dangerous, and 94: Unlicensed driving).
Fifth Incident: 3rd May 2016
- Again police re-created the offender’s movements by Speed Detection Cameras and Telstra mobile phone towers as he drove along the Hume Highway from Melbourne north to Wangaratta on 3rd May 2016. Speeds of approximately 150 kph were detected (Summary charges 96: Driving at a Speed Dangerous, 98: Unlicensed driving and 101: Driving at a Speed Dangerous).
Sixth Incident: 4th May 2016
- On the 4th May 2016 the offender’s car was similarly tracked from Melbourne north to Wangaratta and then returning south to Bonbeach. Speeds of approximately 150 kph were detected (Summary charges 102: Driving at a Speed Dangerous, 106: Driving at a Speed Dangerous, and 108: Unlicensed driving).
Seventh Incident: 11th May 2016
- On 11th May 2016 a routine police patrol observed the offender’s vehicle being driven in Chelsea Heights. Investigations revealed that the registered owner (one BRETT HALL)) was a ‘P’ plate driver. The offender’s vehicle exhibited no such signs so police activated their emergency lights and attempted to intercept the offender’s vehicle, which did not stop. The vehicle was observed during the pursuit to reach speeds of 80 kph in a 50 kph zone. The pursuit was eventually called off due to safety reasons. Police later tracked the offender’s mobile phone through the suburbs of the pursuit (Summary charges 14: Fail to stop Vehicle on Police Request, 15: Unlicensed driving and 75: Exceeding the speed limit by less than 35kph).
Eighth Incident: 13th May 2016
- On 13th May 2016 police again used Speed Detection Cameras and Telstra mobile phone towers to trace the progress of the offender’s vehicle and phone along the Hume Highway northwards from Craigieburn to Euroa and then returning south to Bonbeach. Speeds of approximately 160 kph were detected (Summary charges 110: Driving at a Speed Dangerous, and 112: Unlicensed driving).
Ninth Incident: 19th May 2016
- On 19th May 2016 police located a stolen red Audi Coupe registered number 1HQ HXQ parked outside 32 Golden Avenue, Bonbeach. The car had been stolen on 3rd May 2016 from an address in Patterson Lakes. The offender’s fingerprint was detected on one of the attached false plates (Charge 3: Handling Stolen Goods).
Tenth Incident: 23rd/24th May 2016
- Between 23rd and 24th May 2016 police tracked the offender’s vehicle using methods previously utilized travelling on the Hume Highway northwards from Melbourne to Benalla and then returning southwards to Bonbeach. Speeds of approximately 145 kph were detected. (Summary charges 113: Driving at a Speed Dangerous, and 115: Unlicensed driving).
Eleventh Incident: 29th May 2016
- On 29th May 2016 an off-duty policeman driving south on the Hume Highway observed the offender’s vehicle overtaking him at a speed he estimated of approximately 130-140 kph. He alerted police to look out for a vehicle registered 1FO 1YK, which was known to avoid attempts by police to intercept it.
- Further south along the Hume Highway the same vehicle again overtook the off-duty member, who observed it narrowly avoid a collision with a third car and also drive onto the median strip.
- On-duty police eventually identified the offender’s vehicle and pursued it south to Seymour. The Air Wing also had the vehicle under observation. Emergency lights and sirens were activated in an attempt to stop the offender’s vehicle, but when speeds of 160 kph were attained the pursuit was ended (Charge 4: Reckless Conduct Endangering Life, and Summary charges 16: Fail to stop Vehicle upon Police Request, and 18: Unlicensed driving).
- The Air Wing continued to observe the offender’s vehicle traveling along the Hume Highway, onto the Western Ring Road, into the Burnley Tunnel and then take the Monash Freeway to Dandenong South, finally arriving at the Cranbourne Shopping Centre carpark.
- Police located the vehicle unattended inside the carpark. It was not the blue Holden that originally bore the licence plates 1FO 1YK but a green Holden utility originally registered number ZVZ 199 but at that time unregistered.
- The vehicle was opened and inspected by police who discovered 20 shotgun shells on the floor. The vehicle was impounded. (Summary charge 20: Possess Ammunition without Licence).
- Police later obtained CCTV footage showing the offender leaving the vehicle shortly before their arrival, wearing a black ‘hoodie’ top.
- Inside the vehicle police also located a receipt for a $40 Telstra mobile phone credit in the offender’s assumed name of SAMUEL PENNY.
- In all, police detected the vehicle bearing the licence plates 1FO 1YK speeding approximately 159 times in various places between 29th April 2016 and 29th May 2016.
Twelfth Incident: 15th June 2016
- On 15th June 2016 police in Cranbourne observed a black Holden Commodore bearing stolen licence plates 1CR 9YR and activated their emergency lights in an attempt to intercept it. The vehicle drove at them and evasive action had to be taken by police to avoid a collision. Eventually police lost sight of the Commodore.
- The offender’s mobile phone records indicate his phone was in that area at that time, and when later examined was found to contain a text message at the relevant time, “Jacks just chased me from urs”. (Summary charges 65: Fail to stop Vehicle on Police Request, and 66: Unlicensed driving).
Thirteenth Incident: 25th June 2016
- On 25th June 2016, police in a marked vehicle on the South Gippsland Highway travelling south observed a black Holden Commodore do a U-turn in front of them. The Holden bore false licence plates, OAI 054. Police followed the Holden and placed their vehicle in a position to block its progress. Both vehicles stopped.
- When leaving their own vehicle and approaching the Commodore, it suddenly was driven across the median strip, and evaded them.
- The offender’s Telstra mobile phone tower records and text messages indicate that he was the driver of the Commodore bearing the false licence plates. (Summary charges 79: Fail to stop Vehicle on Police Request, 80: Unlicensed driving and 83: Display Number Plates not ascribed to a vehicle).
- On the 19th July 2016 police started covert surveillance of the offender in and around the Bonbeach area.
- The offender was observed driving a stolen Renault Clio Sedan during that time, registered number 1AO 1YM, which had been stolen from Balwyn on 3rd July 2016. (Charge 5: Handling Stolen Goods).
- The offender was arrested at the Chelsea Police Station when he reported on bail on 20th July 2016.
- A search warrant executed on the offender’s home address of 10/32 Golden Avenue Bonbeach on that same day revealed, inter alia, the following items:
- A sawn-off ‘Chiappa’ lever-action shotgun serial number T3745 (located in a washing basket in the house, having been stolen in an aggravated burglary at Wantirna on 2nd May 2013) (Charges 6: Prohibited Person in Possession of a Firearm, and 7: Handling Stolen Goods, and Summary charges 22: Shorten Barrel of a Longarm, 24: Posses unregistered handgun, 26: Possess handgun without a Licence, 28: Unlicensed Person failing to store a Firearm Securely, 30: Unlicensed Person failing to store Ammunition Securely), 32: Possessing Ammunition without a Licence, 34: Acquiring a General Category handgun not from a Licensed Dealer, and 36: Acquiring a general Category handgun without a Permit).
- 9 assorted knives, daggers, and a machete (located in laundry basket). (Summary charge 69: Possess a Controlled Weapon without lawful excuse).
- 40 shotgun shells (in the laundry) (see ‘a’)
- $405 cash (in the offender’s tracksuit trousers) (Summary charge 84: Deal with Property suspected of Being the Proceeds of Crime)
- A steel box containing 2 opals, 2 stud pearl ear-rings, 1 diamond stud ear-ring and 1 chain-link purse and bag (all located in the adjacent shed). (Summary charge 78: Deal with Property suspected of Being the Proceeds of Crime).
- An ignition key to another vehicle, a Holden Captiva wagon registered number XOP 417 (valued at $15,000 and stolen on or about 6th July 2016 from an address in Balwyn North) which was later found parked outside 39 Golden avenue (Charge 8: Handling Stolen Goods, and Summary charge 21: Commit Indictable Offence whilst on Bail).
- When formally interviewed the offender made a ‘No Comment’ record of interview.
Chronology:
20th July 2016: Arrest
27th July 2016: Filing Hearing
8th September 2016: Bail Application (refused)
26th October 2016: Committal mention: committal listed
22nd June 2017: Committal (negotiated into a plea and SHUB)
Pre-sentence Detention: 488 days (on remand since arrest)
Maximum Penalties:
Indictment Charges: Handling Stolen Goods: 15 years imprisonment
Reckless Conduct Endangering Life: 10 years imprisonment
Prohibited person Possessing Firearm: 10 years imprisonment
Driving Offences: Fail to Stop Vehicle on Police Request (s.64A Road Safety Act): For 1st offence:
60 p.u. or 6 months imprisonment or both: subsequent offences 120 p.u. or 12
months imprisonment or both
Unlicensed driving (s.18 RSA): 26 p.u. or 3 months imprisonment
Exceed Speed Limit by < 35kph (Rule 20, Road Safety Road Rules): 10 p.u.
Driving at a Speed Dangerous (s.64 RSA): 240 p.u. or 2 years imprisonment
or both
Display Number Plates not assigned to Vehicle (s.50(1) Road Safety
(Vehicle) Regs): 2 p.u.
Firearms Offences: Possess Ammunition without a Licence (s.124 Firearms Act): 40 p.u.
Shorten Barrel of a Longarm (s.134(1) FA): 240 p.u. or 4 years
Possess Unregistered Handgun (s.7B 91) FA): 600 p.u. or 7 years
Storing Firearm or Ammunition in an Unsecure Manner when
Unlicensed (s.129A FA): 240 p.u. or 4 years
Acquiring Handgun not from Licensed Dealer (s.95(1) FA)
120 p.u. or 2 years
Acquiring Handgun without Permit (s.102 FA) 60 p.u. or 12 months
Possess Controlled Weapon without Lawful Excuse (s.6(1)
Control of Weapons Act): 120 p.u. or 12 months
Deal with Property Suspected of Being the Proceeds of Crime (s.195
CA): 240 p.u. or 2 years imprisonment
Bail Offences: Commit an Indictable Offence Whilst on Bail (s.30B Bail Act): 30 p.u.
or 3 months
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TRIAL PROSECUTOR
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