Director of Public Prosecutions v Loughnane
[2023] VCC 581
•13 April 2023
| IN THE COUNTY COURT OF VICTORIA AT Melbourne CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
Case No. CR-22-00696
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| JESSE LOUGHNANE |
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JUDGE: | HIS HONOUR JUDGE MEREDITH | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 28 February 2023 | |
DATE OF SENTENCE: | 13 April 2023 | |
CASE MAY BE CITED AS: | DPP v Loughnane | |
MEDIUM NEUTRAL CITATION: | [2023] VCC 581 | |
REASONS FOR SENTENCE
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Subject:Driving offences during police chase; TEFS 3 years and 9 months, NPP 20 months.
Catchwords:
Legislation Cited:
Cases Cited:
Sentence:
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APPEARANCES: | Counsel | Solicitors |
| For the Director of Public Prosecutions | Mr M. Fisher | Office of Public Prosecutions |
| For the Accused | Ms N. Freijah (for plea) Mr J. Dean (for sentence) | Emma Turnbull Lawyers |
HIS HONOUR:
1Jesse Loughnane, you were originally before me on 28 February to have your matter heard. Your counsel, Mr Blake, sought an adjournment of your matter as he wished you to have an up-to-date psychological assessment undertaken by Mr Ian McKinnon. This has now been done and I will have more to say regarding this in due course.
2You have pleaded guilty to 12 offences on indictment as follows. Five charges of theft, namely Charges 1-5, each having a maximum penalty of 10 years' imprisonment. A rolled-up charge of reckless conduct endangering serious injury, namely Charge 6, having a maximum penalty of five years' imprisonment. Two rolled-up charges of aggravated reckless exposure of emergency worker by driving, namely Charges 7 and 8, having maximum penalties of 10 years' imprisonment. Charge 9 of dangerous driving while pursued by police, having a maximum penalty of three years' imprisonment. Charge 10 of reckless conduct endangering life, having a maximum penalty also of 10 years' imprisonment. Trafficking in a drug of dependence, on the day of your arrest, 19August 2021, namely Charge 11, having a maximum penalty of 15 years' imprisonment. Charge 12 of possessing a drug of dependence, again on the day of your arrest, having a maximum penalty of five years' imprisonment.
3In addition, you have pleaded guilty to 19 related summary offences. These are Charges 16, 39, 46 and 50, being four charges of committing an indictable offence on bail. These have a maximum penalty of three months' imprisonment. Five charges of contravening a conduct condition of bail, namely Charges 36, 17, 40, 43 and 47, each of which having a maximum penalty of three months' imprisonment. Five charges of driving disqualified, namely Charges 55, 19, 42, 45 and 49, each having a maximum penalty of two years' imprisonment. One charge of failing to stop on police request, namely Charge 18, having a maximum penalty of 12 months' imprisonment. Three charges of affixing false registration plates, namely Charges 41, 48 and 54, each of which has a maximum penalty of two months' imprisonment. Finally, Summary Charge 59 of resisting an emergency worker on duty, having a maximum penalty of six months' imprisonment.
4Given the nature of your offending, there are a number of particular legislative provisions and sentencing practices that apply to you.
5Charges 6, 7 and 8 are rolled-up offences. These capture more than one instance of offending and are included on this indictment by agreement. This is a sentencing practice which ultimately advantages an accused, as otherwise there would be separate charges, each subject to an individual penalty and potential orders for cumulation. Unlike a representative charge, where the court sentences for a single offence, the sentence on the rolled-up charge must take into account all of the individual offences it comprises, subject to a single maximum penalty.
6In addition some of the related summary offences are rolled up as appears in the summary which I will shortly recite.
7Charges 7 and 8 of aggravated reckless exposure of emergency worker by driving are Category 2 offences, and it follows that I must impose a custodial sentence on you unless a special reason exists.
8Given that your offending occurred whilst you had been released on bail, s16(1A)(e) of the Sentencing Act 1991 displaces the presumption of concurrent sentences.
9Further, so far as charges 7 and 8 are concerned, s 16(3D) of the Sentencing Act requires that a term of imprisonment imposed on an offender for these offences be served cumulatively on any uncompleted sentences imposed either before or at the same time unless otherwise directed.
10In addition, the following offences attract orders against your licence. Theft of motor vehicle, driving offences endangering emergency workers, dangerous or negligent driving whilst pursued by police, and failing to stop on police request. The driving offences of endangering emergency workers are classified as serious motor vehicle offences and thus require a minimum disqualification period of 24 months pursuant to s89(1) of the Sentencing Act.
11Turning next to the circumstances of your offending, these are set forth in a summary document filed with the court, and in addition photographs and police air wing footage have been tendered. By way of background, you were a disqualified driver for a period of three years occurring on 16 September 2019.
12On 15 July 2021, you were granted bail by the Ballarat Magistrates' Court. A condition of that bail included that you were not to attend the Ballarat region except to visit your grandparents in the company of a nominated individual.
13On 2 August 2021, at around 8.15 am, a police officer, Senior Constable Egan, contacted you, and you told him that you were in Melbourne with your unwell grandmother. At 11.20 that morning, Senior Constable Egan and other police intercepted a red Holden sedan in Wendouree. You exited the rear passenger side door of this vehicle and ran off before getting into a Ford Territory which was driven by an associate of yours. This constitutes related Summary Charge 36 of contravening a condition of your bail.
14The remainder of your offending takes place between 15 and 19 August 2021.
15On 15 August 2021, at around 9.15 am, a Mercedes Benz GLC 250 was parked in the driveway of a house at Lake Wendouree with the keys in it. Shortly thereafter, you drove off in the car constituting Charge 1 of theft, and related Summary Charge 16 of committing an indictable offence on bail. Later on that morning, you stole $76.68 worth of diesel from a service station, constituting Charge 2 of theft, and related Summary Charge 16 of committing an indictable offence on bail. In the early hours of the afternoon, you shoplifted nine items from the Tommy Hilfiger section of Myer in Ballarat. These were valued at $897.65. You drove off in the stolen Mercedes. This activity constitutes Charge 3 of theft, related Summary Charge 55 of driving disqualified, and related Summary Charge 16 of committing an indictable offence on bail. Furthermore, related Summary Charge 17 of contravening a condition of bail took place.
16On 16 August 2021, at about 2 in the afternoon, you attended a service station in Warrenheip driving the Mercedes. This had false registration plates affixed to it, and this activity constitutes related Summary Charges 19 of driving disqualified, and 41 of using false registration plates. You stole a total of $82.82 worth of diesel and additives which constitute Charge 4 of theft and related Summary Offence 39 of committing an indictable offence on bail.
17Police observed the Mercedes vehicle parked in the driveway of a house in Delacombe. You were in the driver's seat with a female passenger. On seeing the police, you drove away at speed with police activating their lights. You failed to comply with their direction to stop. This constitutes part of related Summary Charge 18 of failing to stop on police request, and part of Summary Charge 19 of driving whilst disqualified.
18At about 4.20 in the afternoon, police observed the Mercedes in Wendouree and again activated their lights. Again, you failed to comply with their direction to stop and increased your speed. This also constitutes part of related Summary Charge 18 of failing to stop, and related Summary Charge 19 of driving disqualified.
19Throughout this period you were in breach of your bail constituting related Summary Offence 40.
20The next day, on 17 August, at around 11.50 in the morning, you drove the Mercedes to Sebastopol spending several minutes at an address there. This constitutes related Summary Charge 42 of driving whilst disqualified. In addition, related Summary Charge 43 of contravening a condition of bail took place.
21The next day, 18 August, involved you stealing petrol to the value of $86.54 at a service station in Ballarat North. This activity constitutes related Summary Charge 45 of driving disqualified, Summary Charge 48 of using a vehicle with false registration plates affixed, and Summary Charge 46 of committing an indictable offence on bail; in addition, Charge 5 of theft. Further, related Summary Charge 47 of contravening bail conditions took place.
22The following day, 19 August 2021, represents your most serious offending. You were in attendance at a motel in Macedon when police attended. Police observed you driving the Mercedes into the carpark with a female passenger. The false plates were affixed and this constitutes related Summary Charge 54 of using false registration plates, and Summary Charge 49 of driving disqualified. You stopped the Mercedes side by side with the police car. The driver moved the unmarked police car across the rear of the Mercedes to block the driveway. You then reversed the Mercedes into the front driver's side door of the unmarked police car and then reversed it, quickly hitting the unmarked police car again, and then drove off at fast speed. This constitutes Charge 6 of reckless conduct endangering serious injury to three occupants of the police vehicle, namely Palmer, Hagerman and Torpy. It is a rolled-up charge.
23You then drove off and your driving constitutes Charge 10 of reckless conduct endangering life. You drove west along Black Forest Road with your female passenger and passed another unmarked police car. They followed you at a distance as you drove through Woodend. You were driving at around 100 kilometres per hour on Black Forest Road where the speed limit was 60 and 80 kilometres per hour. You overtook other vehicles at a fast rate of speed, on the wrong side of the road and without indicating. Sparks were observed to fly from the Mercedes where at least one of your tyres had deflated. There was a smell of burning rubber and an item appeared to be flapping from the back of the Mercedes. A second unmarked police vehicle joined in following you. You sped through red lights in Woodend, travelling at around 100 kilometres per hour throughout the town without slowing. A number of cars pulled over as you drove past them. You drove through a pedestrian crossing outside a supermarket without braking or giving way to pedestrians. Pedestrians jumped out of the way and were yelling. Police then lost observation of the Mercedes.
24Shortly after 7 pm, police picked up the Mercedes and recommenced following you. You drove into Tylden, overtaking vehicles on the wrong side of the road at speed and without indicating, at approximately 80 kilometres per hour. The rear wheels of the Mercedes were sparking where two of your tyres had now deflated.
25Charge 10 continues with you driving into Daylesford and overtaking vehicles on the wrong side of the road, failing to give way and sliding erratically. You drove at speeds varying between 40 and 80 kilometres per hour and debris was coming off the vehicle. You turned onto the Midland Highway and drove through a roundabout without braking or giving way. You lost traction and caused the rear end of the car to slide out.
26Police followed and activated their lights and sirens. Part of Charge 9 of dangerous driving while pursued by police then follows.
27The rear bumper of the Mercedes was hanging off and there was damage to the rear left wheel. Sparks and smoke were coming from the vehicle.
28You continued driving onto the Midland Highway and accelerated away from police. Police drove onto the wrong side of the Midland Highway with their lights on warning oncoming traffic. Multiple vehicles had to take evasive action to avoid collision with you by either slowing down or pulling over. You drove the Mercedes intermittently onto the wrong side of the road.
29Shortly before the Newlyn township, police drove close enough to observe you. You told them to 'fuck off'. The police overtook you and positioned their vehicle in front of the Mercedes. A second unmarked police car caught up to you and was in position behind you. These vehicles tried to slow you down. You then accelerated along the left-hand side of the road, ramming a police car as you passed it. At this time, police were driving around 100 kilometres per hour in a 60 kilometre per hour zone. This conduct constitutes part of Charges 7 and 8 which are rolled-up charges of aggravated reckless exposure of emergency workers by driving. The victims are the drivers of the police vehicles.
30After speeding ahead, again one of the police vehicles managed to drive ahead of you and positioned the police car in front of the Mercedes in order to block you. Again, another police vehicle was positioned behind. You again accelerated along the left-hand side of the road and rammed the police car as you passed it, slamming into it before driving off. This caused the police vehicle to swerve to the right. At the time when you rammed this vehicle, it was driving through the Newlyn township at around 100 kilometres per hour in a 60 kilometre per hour zone. This conduct again forms part of Charges 7 and 8.
31Charge 9 continues with what then followed. Again, police drove ahead of you and positioned their vehicle in front of the Mercedes. Cars were approaching a roundabout and police stopped their vehicle in front of the roundabout to block you. You drove onto the wrong side of the road and drove around the roundabout evading police constituting part Charge 9 of dangerous driving whilst pursued by police.
32Both police cars continued to pursue you, and marked police cars in Creswick had their lights flashing and were stopping traffic. You were overtaking cars on the wrong side and pushing cars off to the side of the road. You had slowed to about 40 kilometres per hour and your vehicle was travelling on rims with all of the tyres now deflated. You tried to jump out of the moving vehicle before driving away from police at about 80 kilometres per hour. This is part of Charge 9.
33A police vehicle pulled alongside the Mercedes and you tried to jump out. Police then pulled their vehicle in front of the Mercedes to block it and forced the front end into a guardrail on the left-hand side of the road. This saw you exit the Mercedes and you were resisting arrest and required several police officers to handcuff you. This constitutes related Summary Charge 59 of resisting emergency workers on duty.
34You were found to be in possession of 12 grams of heroin. Five grams were contained in a small Ziplock bag and 7 grams wrapped in foil and red tape inside a Tommy Hilfiger bag in the front passenger footwell of the vehicle. A small digital scale and a quantity of Ziplock bags were also located in the Tommy Hilfiger bag. This constitutes Charge 11 of trafficking in heroin. You told police that you had used heroin at some point throughout that night.
35In addition, two sandwich bags containing 20 grams of cannabis were found in a room at the Black Forest Motel, being the room occupied by you and your female friend. This constitutes Charge 12 of possessing a drug of dependence. In addition, Charge 50 of committing an indictable offence on bail took place.
36Later, forensic analysis of your mobile phone indicates a number of conversations on Facebook Messenger consistent with you having trafficked in heroin. These are reproduced in the prosecution summary.
37You were interviewed by police on 20 August 2021 and, amongst other things, made the following admissions. You agreed you were on bail and could not reside in Ballarat. You agreed the car had popped two of its tyres. You stated you just wanted to speak to your nan, and you knew you were getting locked up because of the police cars following you. You stated that when one police car went in front and one went behind you, you knew they were trying to block you in and you did not let it happen. You described swerving on the grass on the left side and police trying to ram you off the road. You said police were behind you when you were trying to call your nan. You said your female passenger was terrified that police were going to ram you off the road and you would crash. You described when police were close to the car that you opened your driver's side door and you were going to jump out and run yourself into a tree or something.
38You said you understand that it is a dangerous thing, driving with popped tyres in the middle of the night, and you understand why police took the steps they did, but you said you tried to tell police that you wanted to speak to your nan and that you would then pull over. You said that police tried to ram you off the road. You agreed that ramming the police car in Macedon could have caused serious harm or injury to the police officers inside the vehicle, but you denied being the driver at that time. You agreed that someone could have died on the roads.
39In explanation for your conduct you said that you were scared for your life and on drugs. You said you had bought the Mercedes assuming it was stolen. You denied that the Tommy Hilfiger satchel bag found in the Mercedes belonged to you.
40So far as your driving offending is concerned its seriousness is underpinned by the nature and extent of the driving that you undertook. The whole episode lasted for about an hour with you being initially intercepted at the motel at about 6.50 pm, and you being arrested at about 7.40 pm. In addition you had a passenger in the vehicle who you describe as being terrified. On many occasions your driving interfered with innocent road users, whether other drivers or pedestrians. Your driving was fairly protracted, at times had a great capacity for endangering others and appears to be the end result of your endeavours over the preceding days to avoid the police who you knew were looking for you. Charges 7 and 8 involve you ramming the stolen Mercedes into the police vehicle twice while travelling at around 100 kph on the Midland Highway. This conduct must have occasioned a significant level of endangerment to the occupants. It follows that general deterrence and the courts denunciation of your conduct must be appropriately emphasised in my sentencing of you. Specific deterrence also has a role to play in my sentencing having regard to your antecedents.
41In arriving at a sentence of you which is just in all the circumstances I must however have regard to matters personal to you and to these I now turn.
42You are now 24 years of age and were only 21 at the time of your offending. You have a significant number of previous convictions dealt with by the Ballarat Children's and Magistrates' Courts. Your prior history includes offences relating to burglary, theft, assault, driving, drugs and damaging property. Most recently, in 2020, you were convicted and sentenced to 35 days' imprisonment for a number of property, driving and assault related offences.
43In the Magistrates' Court in September of 2019, amongst a range of charges, you were dealt with for offending including two occasions of reckless conduct endangering life by virtue of your driving. I have been provided with the summary of these matters. This occurred on 28 January of 2019. You were in the process of stealing a motor vehicle when the owner confronted you and reached into the vehicle as you commenced reversing out of a car park, you continued driving which dragged the owner along with the vehicle, while you were kicking open the driver's door to dislodge him; eventually you struck a kerb and this flung the owner onto the road. On 30 January, you were observed by police driving another stolen vehicle, they activated their lights and sirens to intercept you. You failed to pull over and your driving subsequent to this involved you driving on the wrong side of the road at low speed which forced other motorists to take evasive action.
44Whilst not prior convictions you have been dealt with for subsequent offences after your arrest and remand on the matters before me.
45So far as the use of what are referred to as subsequent offences are concerned, it has been accepted that whilst they are not able to be used in the same way as prior offences, subsequent offences can legitimately be placed before the court to diminish leniency, to impair the good character for which the offender may otherwise have been allowed credit, to shed light on the risk of recidivism, or claims of rehabilitation.
46You were sentenced on 11 October 2021 to a term of nine months' imprisonment with 168 days declared as pre-sentence detention. This offending spanned mid-December of 2020 to March of 2021. This was for a total of some 25 charges including four charges of theft of motor vehicle, five charges of drive disqualified, fraudulent use of number plates x 2, and other offending. This sentence lapsed on 8 January 2022.
47In arriving at the sentence I must impose on you I will have regard the fact that you have undergone this earlier sentence of imprisonment and the fact of you having been in custody since the time of your arrest, 19 August 2021. In Sayer v The Queen[1] ('Sayer'), the Court of Appeal explained the proper application of the totality principle in cases where an earlier sentence has already been spent. This does not proceed by seeking to identify what total sentence would have been imposed had all the offending been before the court at the time when the person was first sentenced, and then making adjustments to that sentence.[2] Rather, the prior sentences and time spent in custody are part of the circumstances required by the principle of totality to be taken into account.[3]
[1] [2018] VSCA 177
[2] Ibid [71], [74] (Whelan and McLeish JJA).
[3] Ibid [78] (Whelan and McLeish JJA).
48
Much of your background is contained in a psychological report of Mr McKinnon. To summarise, you grew up in Ballarat with your mother and older brother. Your father has spent his life in and out of prison, and you have only met him a few times. Your mother
re-partnered when you were eight years of age to a man who physically and verballed abused you. You instruct that your mother has never worked and remains living in Ballarat. At the time of your offending you were in a situation of social drift.
49Regarding your education, you exhibited significant behavioural problems whilst at school and were placed in special needs classes. You attended two primary schools as a result of being expelled from your first primary school in Grade 3. You were then expelled from high school in Year 7. Ultimately, you completed your schooling whilst in Youth Detention, and received a Year 9/10 pass.
50You report a brief employment history of working as a plasterer and concreter's labourer for a short time in 2017. Whilst on remand, you report working as a Unit Billet and engaging in fitness centre training and boxing. You have also completed some rehabilitative and educative programs. Most significantly you have undertaken 12 months of training in welding whilst in custody. You are about to obtain a Certificate 3 from Box Hill TAFE.
51Insofar as your relationship history is concerned, written submissions indicate you have been in a relationship with your partner for the previous three years, and remain in contact with her.
52So far as your mental health is concerned, you report a long history of suffering from anxiety, depression and substance abuse issues. You have experienced many traumatic events during your life, including being stabbed at the age of 15 and being involved in several car accidents since your adolescence. I am told you have also experienced periods of homelessness.
53You report an extensive history of drug abuse, commencing with smoking marijuana at the age of 10 with your older brother. You started drinking alcohol and abusing pills between the ages of 10-12. You commenced using stimulants at age 14 and heroin intravenously at the age of 16. Since this time, you have continued to abuse drugs and alcohol, including the drug, Ice.
54In his 2019 psychological report, where you were assessed over a video link on August 12 of 2019, now over three years ago, Mr McKinnon diagnosed you as having a long standing poly-substance abuse disorder and post-traumatic stress disorder.
55In that report, Mr McKinnon stated:
In my opinion, at the time I assessed Mr Loughnane, he was suffering with Post-Traumatic Stress Disorder (PTSD) - symptoms of which may include: anxiety, depression, poor ability to concentrate and persevere with tasks, low self-esteem, substance abuse, flashbacks, nightmares, emotional lability, disturbed sleep, avoidance behaviour, sensitivity to environmental cues and triggers, re-living, intrusive thoughts, low frustration tolerance, strong defensive reactions, anger, violent eruptions, paranoia, general mistrust and transient psychotic symptoms.
56In regard to the offending behaviour that formed the basis of this earlier report, Mr McKinnon opined:
In my opinion, at the time of the offences, Mr Overton[4] was probably suffering from symptoms that met the clinical criteria for the following major diagnosable psychological disorders:
POLY-SUBSTANCE ABUSE DISORDER (PSAD)
POST-TRAUMATIC STRESS DISORDER (PTSD)
At the time of the offences, Mr Loughnane appears to have been suffering with a PTSD and an associated PSAD - primarily entailing chronic abuse of methylamphetamine. At times, Mr Loughnane probably also suffered transient psychotic symptoms in response to his heavy substance abuse and sleep deprivation.
In my opinion, under the influence of these psychological disorders, Mr Loughnane's ability to reason and make sound judgement was probably significantly degraded and he was prone to impulsive behaviour, suffered low frustration tolerance, was easily provoked into angry responses, failed to maintain awareness or care for his normal adult and community responsibilities and so on.
[4] Presumably Mr McKinnon has confused Mr Loughnane's name
57Mr McKinnon does not deal with the offences before me at all in this report, and this report is now a matter of some antiquity.
58A further report has now been provided after the adjournment of these proceedings. This relates to a video assessment occurring on 1 March 2023.
59You advised Mr McKinnon that 'during the period of the current offences you were habitually engaging in illicit substance abuse, primarily entailing injection use of heroin and methylamphetamine, sometimes with GHB'.
60Mr McKinnon states that at the time he assessed you, you were suffering with symptoms that met the clinical criteria for the following major diagnosable psychological disorders, namely complex post-traumatic stress disorder (CPTSD). He states:
this involves symptoms which may include: anxiety, depression, poor ability to concentrate and persevere with tasks, substance abuse, flashbacks, nightmares, emotional lability, sensitivity to environmental cues and triggers, re living, low frustration tolerance, strong defensive reactions and anger.
61Mr McKinnon stated that at the time of his assessment:
his CPTSD appeared to have ameliorated somewhat from the level it was manifested at in 2019, so that it currently appeared to be manifested at a mid-level.
62In addition he assessed you, as suffering with symptoms that met the clinical criteria for substance abuse disorder (SAD).
63Mr McKinnon records you 'reflecting' on your offending describing it as 'drug related'. You told him, 'From hearing stories from my mates about police brutality, it was half the reason I didn't pull over … at the time I was in fear for my life.'
64You reported that at the time of your offending you feared assault by police if you were arrested, suffered anxiety and intended to evade apprehension.
65Mr McKinnon goes onto to opine that at the time of your offending you suffered from symptoms meeting the clinical criteria for CPTSD and SAD. He says, using words almost identical to his earlier report:
In my opinion, under the influence of these psychological disorders, Mr Loughnane's ability to reason and make sound judgement was significantly degraded, he was prone to impulsive behaviour, suffered low frustration tolerance, was reckless about his own welfare and the welfare of others, and his awareness of his adult and community responsibilities were diminished.
66Despite your counsel's urgings I cannot find any of the limbs of Verdins case applicable to you. There is a total absence of any qualitative exploration of the possibility of a genuine causal link between the posited or diagnosed mental illnesses and your actual state of mind at the time of the offending before me.
67There is an insufficient nexus between these posited mental illnesses and your offending behaviour. You appear to have gone on a drug fuelled driving rampage whose aim was to avoid police apprehension. You took the decision to endeavour to outrun pursuing police, having determined that you preferred that to facing what you thought would be the consequences of your apprehension. You knew police were looking for you as you had driven off from them a matter of days before and you must have been aware that they knew you were in breach of your bail. You had drugs and scales with you in the car, you must have known that if apprehended you would lose your liberty. The contribution if any of your posited mental conditions to your offending remains opaque and tenuous if it exists at all, in my opinion.
68In addition there is no endeavour by Mr McKinnon to meaningfully apportion the role of your drug taking on your decision making. You were on a cocktail of mind-altering substances at the time of your offending.
69Having said all of that however, I do accept that you have a background of some disadvantage and that poor role modelling was a feature of it as well as you having an introduction to drug use at a young age and I do sensibly reduce your moral culpability in light of your background of disadvantage.
70Your young age at the time of your offending as well as now comparatively speaking are highly relevant sentencing factors. Consistently with the need in your case to emphasise other sentencing aims, such as deterrence and the courts denunciation of your behaviour, I will nonetheless give appropriate emphasis to you relative youth.
71In addition you offered to plead guilty to what is described in written submissions as a commensurate resolution of your matter at what was an early stage. I will have appropriate regard to your guilty plea. It evidences some remorse and has facilitated the course of justice. Given the fact that it occurred during the pandemic, at a time when court listings were uncertain it carries added weight.
72In this regard I also note that your period to date in custody has been made more burdensome as a result of the pandemic and I have had some regard to this.
73I am impressed with what I was told regarding the fact that you have applied yourself to learning welding. This is a very valuable skill and it enables you to obtain meaningful and reasonably paid employment. The fact that within the controlled environment of remand you have done this is encouraging. You state that you wish to relocate, have a break with the milieu in which you were mixing and leave your offending behind you. Despite your lengthy history of antecedents I am cautiously optimistic regarding you rehabilitation prospects. Time will tell.
74Having regard to your relatively speaking young age and the fact that my sentence of you will represent a sentence far greater than anything you have previously experienced, coupled with your progress on remand, which as I say I have been impressed with, I will seek to maximise the period available to you for release on parole. Whether or not the Parole Board do so is a matter for them. Overall you do have the ability to leave your offending behind you. This will however largely depend on you and your level of commitment to remain drug free and remove yourself from antisocial company. In this regard I note Mr McKinnon's comments that,
given Mr Loughnane's history of repeatedly relapsing into illicit substance abuse and associated offending, until he makes demonstrable and enduring rehabilitative progress, he must be considered as posing a significant ongoing risk of committing further reckless and dangerous driving offences.
75In the washup, I have made various orders for full or partial concurrency in recognition of the need to give proper effect to the sentencing principle of totality and the fact that some of the offences arise from the same or closely entwined acts or omissions of you, as well as having regard to matters personal to you.
76Would you stand up?
77Balancing all matters, I sentence you to a total effective sentence of three years and nine months' imprisonment and I will fix a non-parole period of 20 months. This is made up of the following individual sentences.
78Charge 1, 12 months' imprisonment. Charge 2, two days' imprisonment. Charge 3, four days' imprisonment. Charge 4, two days' imprisonment. Charge 5, two days' imprisonment. Charge 6, 12 months' imprisonment. Charge 7, 24 months' imprisonment. Charge 8, 24 months' imprisonment. Charge 9, 12 months' imprisonment. Charge 10, two years' imprisonment. Charge 11, nine months' imprisonment. Charge 12, one month's imprisonment.
79So far as related Summary Offences 16, 39, 46 and 50 are concerned, I impose an aggregate term of one month's imprisonment.
80So far as Charges 36, 17, 40, 43 and 47 are concerned, I impose an aggregate one month's imprisonment.
81So far as Charges 55, 19, 42, 45 and 49 are concerned, I impose an aggregate six months' imprisonment.
82So far as Charge 18 is concerned, three months' imprisonment.
83So far as Summary Offences 41, 48 and 54 are concerned, an aggregate seven days' imprisonment.
84So far as Charge 59 is concerned, 14 days' imprisonment.
85In addition, on Charge 1, I cancel your licence for nine months. On Charge 7, I cancel your licence for two years. On Charge 8, I cancel your licence for two years. On Charge 9, I cancel your licence for 12 months. And on related Summary Offence 18, I cancel your licence for 12 months.
86Charge 10 of conduct endangering life of two years' imprisonment will be the base sentence and I will cumulate on it and on each other the following terms of imprisonment; two months of Charge 1; six months of Charge 7; six months of Charge 8; four months of Charge 9; and three months of Charge 11. All other sentences are to run concurrently.
87That should make a total effective sentence of three years and nine months' imprisonment and I will fix a non-parole period of 20 months.
88All the orders cancelling your licences are to commence from today having regard to s89B of the Sentencing Act. They all run concurrently. This means that your licence is cancelled by me for the next two years. In reaching this figure I have had regard to your age and the fact of a licence potentially assisting you in your rehabilitation by enabling you to better participate in the paid workforce.
89I will declare pre-sentence detention of 498 days and I am required to state the sentence that I would have imposed but for your pleas of guilty in this matter. Whilst I note it is a highly artificial exercise, nonetheless, doing the best I can, but for your pleas of guilty, I would have imposed a total effective sentence of five years and three months' imprisonment and I would have fixed a three-year minimum.
90Have a seat for now.
91Are there any queries regarding that sentence or any additional orders required?
92MR FISHER: Thank you, Your Honour. No queries.
93HIS HONOUR: All right.
94MR FISHER: But I understand there is a forfeiture order draft that was sent through.
95HIS HONOUR: All right. I will make that in chambers.
96MR FISHER: Grateful. Thank you very much.
97HIS HONOUR: All right. Nothing from your end, Mr Dean?
98MR DEAN: No, Your Honour.
99HIS HONOUR: All right. Thank you. All right. That concludes the matter then. Mr Loughnane can be returned to custody. Thank you.
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