Director of Public Prosecutions v Meldrum
[2021] VCC 1734
•12 November 2021
You
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
Case No. CR-21-01620
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| TRAVIS RAYMOND MELDRUM |
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JUDGE: | HIS HONOUR JUDGE CAHILL | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 5 November 2021 | |
DATE OF SENTENCE: | 12 November 2021 | |
CASE MAY BE CITED AS: | DPP v Meldrum | |
MEDIUM NEUTRAL CITATION: | [2021] VCC 1734 | |
REASONS FOR SENTENCE
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Subject: Recklessly exposing an emergency worker to risk by driving and others
Catchwords: Guilty plea – reversed a stolen motorcar into a stationary police vehicle to avoid apprehension – low-end example of the offence – high utilitarian value of guilty plea – lengthy criminal history – recidivist offender – disadvantaged background – opportunity for parole supervision in the community
Legislation Cited: Sentencing Act 1991 (Vic); Crimes Act 1958 (Vic); Road Safety Act1986 (Vic)
Cases Cited:Worboyes [2021] VSCA 169; Farmer v The Queen [2020] VSCA 140; R vBiba [2021] VSC 327; Bugmy (2013) 249 CLR 571; Marrah v The Queen [2014] VSCA 119; DPP v Bragagnolo [2020] VCC 1507; DPP v Guruge [2019] VCC 2015; DPP v King [2020] VCC 1327; DPP v Taylor [2020] VCC 1594; DPP v O’Sullivan [2020] VCC 1449; DPP v Roberts [2020] VCC 1195; DPP v Bullard [2020] VCC 243; Ryan v The Queen (2001) 206 CLR 267
Sentence: Total effective sentence of 21 months’ imprisonment with a minimum non-parole period of 15 months – 430 days’ pre-sentence detention
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Mr P. Pickering | Office of the Director of Public Prosecutions |
| For the Accused | Mr J. McGarvie | Stary Norton Halphen |
HIS HONOUR:
1Travis Raymond Meldrum, you have pleaded guilty to:
(a) One charge of theft;
(b) One charge of the aggravated offence of recklessly exposing an emergency worker to risk by driving;
(c) One charge of damaging an emergency service vehicle by driving; and
(d) One charge of possession of a drug of dependence.
2You also have pleaded guilty to the related summary offence of committing an indictable offence while on bail.
Circumstances of offending
3The circumstances of your offending are set out in the summary of prosecution opening[1]. They are agreed facts.
[1] Exhibit A.
4On 7 September 2020, you stole a utility from Montmorency. The owner had left his car, with the engine running, in the driveway of his home (Charge 1 – Theft)
5Later that night, around 1:00AM, on 8 September 2020, police, in an unmarked vehicle, observed you driving the utility at Reservoir. A LEAP check identified it as stolen. While you were parked in a supermarket car park, with the utility’s nose up to a brick wall, the police car stopped behind it to block your exit. You reversed the utility into the police car, moving it a short distance, to try to get away. A plainclothes detective, who was a passenger in the police car, got out, drew his firearm and pointed it at you. He shouted “Police, don’t move, stop the vehicle”. You looked at him and ducked while reversing and driving forward into the police vehicle to make space to drive off (Charge 2 – Aggravated reckless exposure of police officers to risk by driving – the circumstance of aggravation is you were driving a stolen vehicle)
6By reversing into the police vehicle, you had damaged it (Charge 3 – Damaging and emergency service vehicle by driving).
7The police vehicle drove into the utility, to stop you from fleeing, causing it to spin 180° and stop.
8The detective who was driving the police car got out, drew his firearm, opened the driver’s door to the utility, removed the key from the ignition and told you to get out of the car and to get on the ground. You complied, and he arrested you for theft of the motor vehicle.
9You had a small amount of cannabis and buprenorphine on you (Charge 4 – Possession of a drug of dependence).
10On 22 June 2020, you had been stopped by police when you were driving a motor car which was allegedly bearing false plates. You were a disqualified driver at the time. You were charged and released on bail. You were subject to that bail when you committed the index offences (Related Summary Offence – Commit an indictable offence whilst on bail).
Criminal record
11You have admitted a lengthy criminal record, from 1997, for dishonesty, driving and drug offences.
12On 16 September 2009, in the County Court at Melbourne, you were sentenced to 10 months’ imprisonment for two charges of theft.
13On 7 September 2012, in the County Court at Melbourne, you were sentenced to 3 years’ imprisonment, with a non-parole period of 18 months, for aggravated burglary and theft.
14You have numerous summary convictions, for driving and dishonesty offences, for which shorter prison sentences were imposed.
15More recently, on 18 April 2019, at Melbourne Magistrate’s Court, for burglary, theft, driving and bail offences you were sentenced to 299 days’ imprisonment and, on 30 April 2020, at Heidelberg Magistrate’s Court, for driving and dishonesty offences, you were sentenced to 12 months’ imprisonment.
16You had been released from prison on 6 June 2020, only 3 months before you stole another car and committed the index offences.
17You were remanded in custody following your arrest.
18Your guilty plea was resolved at the committal hearing on 13 July 2021 before any witnesses were called.
Personal circumstances
19You were born on 26 January 1977 at Coburg. You were 43 years old when you offended. You are now 44.
20You have an older brother and a younger sister. Your father left the family when you were 7 years old. You have had no meaningful relationship with him. You were raised by your mother who struggled with alcoholism. You left school at 14 to look after your younger sister, 7 years your junior, because your mother was incapable. Your older brother was using drugs and committing crimes. He introduced you to heroin which has been your downfall.
21When you were 18 years old, you were sent to Pentridge prison after fighting at Malmsbury Youth Training Centre. There, you were reunited with your brother in the maximum-security prison unit, Jika Jika.
22You have had court appearances almost every year since.
23Mr McGarvie, who appeared for you, told me you feel institutionalised. In prison, this time, you have completed a course to prepare you to work safely in the construction industry.[2] You hope to get that type of work when you are released. And you will live with your mother at Coburg. You now see your older brother, who has re-established himself in the community, after a lengthy criminal past, as a positive role model.
[2] Exhibit 2.
Defence submissions
24Mr McGarvie submitted, whilst the offence of recklessly exposing an emergency worker to risk by driving is inherently serious, yours is not the most serious example of it as you were not intending to harm anyone, you were simply trying to flee, and the episode was brief, lasting 15 seconds.
25He relied on the following factors in mitigation of penalty:[3]
(a) firstly, your early guilty plea for its utilitarian value, which is greater during the COVID-19 pandemic;
(b) secondly, your deprived background; and
(c) thirdly, the additional hardship of prison during the public-health pandemic.
[3] Exhibit 1.
26He submitted, while I must be guarded about your prospects of rehabilitation, a period of parole supervision following your release from prison would be beneficial.
27He acknowledged that only a head sentence with a non-parole period can achieve the purposes of sentencing in your case.
28He referred me to several comparative sentences of this court.
Prosecution submissions
29Mr Pickering, who appeared for the Director of Public Prosecutions, acknowledged your offending was not a high-end example of the offence.[4] As he submitted, you were not “hooning” but trying to escape police because you were driving a stolen car.
[4] Exhibit A.
30He described you as a very polite, old-style recidivist thief.
31He submitted there is little you can rely on in mitigation.
32He summarised your plea as:
(a) you had an unfortunate childhood;
(b) you were abandoned by your father;
(c) you have struggled with drugs; and
(d) “you love your mum”.
33He submitted, the characterisation of your prospects of rehabilitation as guarded is “the great euphemism” considering previous prison sentences have had no deterrent effect and you have failed to take advantage of previous corrections orders and opportunities for parole.
34He submitted while your background of disadvantage, to some degree, may explain your offending, the persistence of your offending, over many years, increases the importance of community protection.
35He submitted, because of the seriousness of your offending, and your background, a sentence of imprisonment which denounces you conduct and protects the community is required.
Consideration
36The maximum penalty of 10 years’ imprisonment demonstrates the seriousness of the offence of aggravated reckless exposure of police officer to risk by driving. Because it is a Category 2 offence, under the Sentencing Act 1991 (Vic) (‘Sentencing Act’), Parliament intends, ordinarily, an immediate term of imprisonment must be imposed.[5]
[5] Sentencing Act 1991 (Vic) s 5(2H); see also Farmer v The Queen [2020] VSCA 140, [51].
37Mr McGarvie did not submit there were grounds to depart from the legislative norm, in your case.
38The circumstance of aggravation in your case was driving a stolen car, not dangerous driving. The episode was brief and you were wanting to escape, not to harm anyone. You surrendered to police, without resistance, when they apprehended you. Your offending falls to the lower end of the spectrum of seriousness of the offence of the type.
39Nevertheless, police are entitled to the protection of the law when performing their work. General deterrence and denunciation are important sentencing considerations.
40Your guilty plea, made at the earliest opportunity, has high utilitarian value, especially during the public-health pandemic, because it alleviates the current strain on the justice system.[6]
[6] Worboyes [2021] VSCA 169, [35] and [39].
41You are also entitled to a sentencing benefit for the additional hardship of prison, during the pandemic, due to the absence of visitors, the reduction of programs and the increase in lockdowns.[7]
[7] R vBiba [2021] VSC 327, [38].
42Your background of disadvantage is mitigatory to an extent. You had an underprivileged childhood and, at a young age, you had a harsh introduction to adult prison in Pentridge’s maximum security unit. Your deprived upbringing goes some way to explain your offending.
43I accept, because of your persistent and prolific criminal history, the need for protection of the community cannot be ignored.[8] However, your prior criminality cannot be used in aggravation to increase your sentence.[9]
[8] Bugmy (2013) 249 CLR 571; Marrah v The Queen [2014] VSCA 119, [16]-[17].
[9] Ryan v The Queen (2001) 206 CLR 267, [67].
44It is difficult to have great confidence in your prospects of rehabilitation. However, I am not prepared to conclude you cannot reform. Hopefully, you can emulate your older brother who has re-established himself despite a lengthy criminal history. To promote your rehabilitation, I intend to impose a sentence which gives you the opportunity for release into the community under parole supervision.
45Because of the overlap in criminality of charges 1, 2 and 3, I must, by appropriate orders for cumulation and concurrency, avoid doubly punishing you.
46And, because you are to be sentenced for multiple offences, I must also ensure your total effective sentence properly reflects your overall criminality.
47I have read the sentences of this court, to which Mr McGarvie referred.
48In DPP v Guruge, a sentence of 12 months’ imprisonment was imposed for the more serious offence of intentionally exposing an emergency worker to danger.[10] In DPP v Bragagnolo, the offending was more serious than yours but his sentence was substantially moderated by application of Verdins principles.[11] In DPP v Taylor, the offending, which involved two driving episodes and three police officers, was also more serious than yours, but the offender’s sentence was also reduced by application of Verdins principles.[12] DPP v King was an unusual case where the sentencing judge imposed a straight prison sentence which seems to have been moderated by application of the totality principle.[13]
[10] [2019] VCC 2015.
[11] [2020] VCC 1507.
[12] [2020] VCC 1594.
[13] [2020] VCC 1327.
49I have also read the sentences of DPP v Sullivan,[14] DPP v Roberts,[15] and DPP v Bullard.[16] In each case, the sentencing judge imposed an individual sentence of 18 months’ imprisonment for an offence under section 317AF(1) of the Crimes Act 1958 (Vic).
[14] [2020] VCC 1449.
[15] [2020] VCC 1195.
[16] [2020] VCC 243.
50Making appropriate adjustment for the differences in the circumstances of the offending, and the offender, I have used all these cases as a guide to the sentence I should impose on you.[17]
[17] See Annexure B.
51Mr Meldrum, by the sentence I impose, I must denounce your conduct, punish you, and deter you and others, from committing crimes of the same or similar kind. I must also look to your rehabilitation.
52Considering the circumstances of your offending, your personal circumstances and antecedents, and endeavouring to produce a sentence which reflects and promotes the purposes of sentencing in a manner appropriate to you:
(a) On Charge 1 – Theft of a motor car, you are sentenced to 6 months’ imprisonment;
(b) On Charge 2 – The aggravated offence of recklessly exposing an emergency worker to risk by driving, you are sentenced to 16 months’ imprisonment;
(c) On Charge 3 – Damaging an emergency service vehicle by driving, you are sentenced to 6 months’ imprisonment; and
(d) On Related Summary Charge 7 – Commit an indictable offence whilst on bail, you are sentenced to 2 months’ imprisonment.
53The sentence imposed on Charge 2 is the base sentence.
54I direct that 2 months of the sentence I have imposed on Charge 1, 2 months of the sentence I have imposed on Charge 3 and one month of the sentence I have imposed on the related Summary Charge be served cumulatively upon the sentence I have imposed on Charge 2 and upon each other.
55Your total effective sentence is 21 months’ imprisonment and I direct you be eligible for parole release after serving 15 months.
56Pursuant to section 18 of the Sentencing Act, I declare you have already served by 430 days of your sentence by way of presentence detention.
57While there is some artificiality in the process, I declare, but for your guilty plea, I would have sentenced you to 2 years and 6 months’ imprisonment and fixed a minimum non-parole period of one year and 10 months.
58For the offence of possession of a drug of dependence, which were unidentified small quantities, likely for your personal use, you are convicted and discharged.
59The aggravated offence of recklessly exposing an emergency worker to risk by driving is a serious motor vehicle offence under section 87P of the Sentencing Act. Section 89(2)(b) of the Sentencing Act prescribes a minimum licence disqualification period of 24 months.
60I order all licenses and permits held by you under the Road Safety Act 1986 (Vic) be cancelled and you be disqualified from obtaining any for 24 months from 8 September 2020.
61With your consent, I make the disposal orders in the terms of the draft orders filed.
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ANNEXURE A
| Case name | Plea | Charge(s) | Priors | TES | Facts |
| DPP v Bragagnolo [2020] VCC 1507 | G | · Charge 1 – aggravated reckless exposure of a police officer to risk by driving · Summary Charge 10 – aggravated assault | Yes | · 2Y CCO with conviction (aggregate) with the following conditions: o 120 hours of unpaid community work; o treatment and rehabilitation in relation to alcohol use, drug use, and mental health; and o supervision . o All treatment hours may be credited as hours of unpaid community work. · Driver’s licence cancellation and 2Y disqualification | · 4 August 2017: o Prior domestic incident where police called and offender taken to hospital for mental health assessment. · 7 August 2017: o Occupational therapist and psychiatric nurse attended the home where offender left the meeting and stormed outside. o Offender screamed at family and pushed and threw objects at wife. o Family left the house and wife called police. o Two police cars pulled up. o Offender pulled up alongside the police cars in white van and started shouting aggressively at police. o Offender said to police: “Fuck off. I’m not getting out. Don’t try to fucking stop me or I will take you out. Don’t even fucking try, you won’t like what happens. You are going to get hurt”. o Offender drove off and, when police followed, offender revved the van and reversed straight into the front of the police car containing two police officers. o Offender continued to accelerate, trying to push the police car back (Charge 1). o Police sprayed offender with OC spray before pulling him from his van. o Offender had alcohol in his system. |
| DPP v Guruge [2019] VCC 2015 | G | · Charge 1 – handling stolen goods · Charge 2 – intentionally exposing an emergency worker to risk by driving · Charge 3 – theft of a motor vehicle · Charge 4 – negligently dealing with the proceeds of crime · Summary Charge 7 – driving a motor vehicle whilst disqualified · Summary Charge 11 – committing an indictable offence whilst on bail | Yes | · Charge 1 – 6M IMP (base sentence) · Charge 2 – 12M IMP (2M cumulative) · Charge 3 – 8M IMP (3M cumulative) · Charge 4 – 3M IMP (1M cumulative) · Summary Charge 7 – 6M IMP (2M cumulative) · Summary Charge 11 – 1M IMP · TES – 20M IMP · NPP – 14M · Driver’s licence cancellation and 3Y disqualification · Disposal order | · Security guard at ALT towers observed the offender sitting in white van with number plates belonging to another vehicle whose plates had previously been reported missing. · Security guard noticed the offender lurking around car park at 9:30PM and, when offender had not left by 10:30PM, he asked the offender to leave and took a photograph. · At 12:40PM, security guard again observed the offender and called police. · At 1:40AM, two police officers arrived at the car park and, as they arrived at the entrance, the offender drove in their direction at low speed. · A police officer stood at the front passenger side of the offender’s vehicle and said “Police. Stop vehicle now”. · The other police officer stood approximately 15 metres in front of the vehicle and raised his right arm indicating for the offender to stop. · The offender accelerated towards the police officer, who took evasive action to avoid being struck, and accelerated out of the car park (Charge 2). · Police attempted to pursue but lost sight of the offender. · Offender later found asleep by police in a stolen car containing power tools that did not belong to the stolen car’s owner. Offender on bail at the time. · Offender later observed by police driving during a period of disqualification. · Aggravating feature on Charge 2 – driving whilst disqualified. · Aggravating feature on all charges – committed whilst on bail. |
| DPP v King [2020] VCC 1327 | G | · Two charges of theft · One Charge of aggravated offence of recklessly exposing an emergency worker to risk by driving · One charge of criminal damage · One charge of handling stolen goods · Two charges of possession of a drug of dependence · Related summary offence – failing to stop a vehicle after an accident · Related summary offence - driving whilst disqualified · Related summary offence -fraudulently using false registration plates · Related summary offence - possessing a controlled weapon without excuse · Related summary offence - committing an indictable offence whilst on bail | Yes | 10M IMP (aggregate) | · On 12 December 2018, a car was stolen. · On 11 January 2019, the offender was driving that car displaying false numberplates. · Offender waved a silver-coloured semi-automatic imitation firearm outside his open driver's window and pointed it towards another motorist. · The motorist called the police and followed the offender who was moving from the extreme left to the extreme right of a three-lane carriageway. · Offender continued to drive erratically, weaving through traffic and changing lanes, before coming to a stop where he was found by police slumped over the steering wheel. · Police vehicles were parked in front of and behind the offender’s car so it was blocked in. · Police removed the handgun from the offender’s lap and attempted to turn off the car engine but the ignition was damaged. · Offender then woke up and continued to engage the manual gears contrary to police instructions to stop. · OC foam was used to prevent the offender from driving away. · Offender drove backwards and forwards several times, smashing into and pushing both police cars so that he could drive away (Charge 3). · Police took evasive action to avoid injury and offender drove off at a fast rate, swiping another car on his way without stopping. · Offender then stopped at a Subway and took a drink without paying. · Offender was arrested and found with heroin, ice, various stolen identity documents in the names of several people, a 30 centimetre long kitchen knife and a foldout knife. · Offender was disqualified from driving and on bail at the time of the offending. · Offender was bailed and later arrested for further serious offending. |
| DPP v Taylor [2020] VCC 1594 | G | · Charge 1 – Using a carriage service to menace, harass or cause offence · Charges 2, 4 and 5 – Aggravated offence of recklessly exposing an emergency worker to risk by driving · Charge 3 – Dangerous or negligent driving while pursued by police | Yes | · Charge 1 – 4M IMP · Charge 2 – 16M IMP (3M cumulative) · Charge 3 – 9M IMP (2M cumulative) · Charge 4 – 16M IMP (base sentence) · Charge 5 – 16M · TES – 21M · NPP – 14M · 24M licence disqualification | · Offender went to the house of Alexis Smith where he injected methylamphetamine. · Whilst at Mr Smith’s house, the offender made a call to the Police Assistance Line and said that if they were to 'Take any of (your) members' you would 'Gang rush your fucken face and with whips, chains and bash and more. . . we'll fucken get ya with a gang rush shortly bitch', amongst other things. · Offender left in a white van and was followed by police. · Police pulled up in front and behind offender and got out to arrest him. · Offender reversed the van, ramming into the front of the police car behind him containing one police officer (Charge 2). · Offender drove off at high speed and was pursued by police when he lost control and skidded. · Offender again reversed into a police car behind him containing two police officers (Charges 4 and 5). · Offender then moved back and forth, ramming police vehicles. · Offender was removed from the car and arrested. · Offender tested positive for amphetamine. |
ANNEXURE B
| Case name | Plea | Charge(s) | Offending | Personal circumstances | Sentence |
| DPP v O’Sullivan [2020] VCC 1449 | G | · Three charges of theft of number plates; · One charge of an aggravated offence of recklessly exposing emergency service workers to risk by driving; and · One charge of possession of a drug of dependence | · Offender stole numberplates from three cars, attaching different front and back numberplates to his car. · An unmarked police car carrying two police officers began following the offender. · Offender parked car and police parked behind him. · When offender put his car into reverse, police activated their red and blue flashing lights. · Offender reversed into police car and continued to accelerate. · Police applied braked to keep from being pushed back. · Offender then drove forward into a fence in front of him, and then reversed into the police car five times in quick succession. · Offender and front passenger fled from the car, and the back two passengers were arrested. · Police recovered a stolen numberplate and drugs from the car. · Offender attended at the police station and was arrested. | · Prior convictions for property damage, dishonesty and drug matters. · 25 Y.O. at the time of offending. · Happy childhood. · Strong work history. · History of illicit substance use. · Engaged in rehabilitation and remained drug abstinent for 4 years prior to the offending. · Relapsed into illicit drug use prior to offending while in relationship with another drug user. · This offending occur ed when that relationship ended. · Supportive family and friends. · Good prospects for rehabilitation. | · General deterrence principal sentencing factor. · Denunciation, totality and just punishment also relevant. · Impact of COVID-19 pandemic. · Charges 1, 2 and 3 – 3 months’ imprisonment (aggregate) (1 month cumulative) · Charge 4 – 18 months’ imprisonment (base sentence) · Charge 5 – 1 month’s imprisonment (concurrent) · TES – 19 months’ imprisonment · NPP – 9 months · Licence cancellation and disqualification for 24 months |
| DPP v Roberts [2020] VCC 1195 | G | · Charge 1 – dangerous driving while pursued by police, contrary to s.319AA(1) of the Crimes Act 1958; · Charge 2 – aggravated offence of recklessly exposing an emergency worker to risk by driving, contrary to s.317AF(1)(b) of the Crimes Act 1958; · Charge 3 – conduct endangering persons, contrary to s.23 of the Crimes Act 1958; · Charge 4 – conduct endangering persons, contrary to s.23 of the Crimes Act 1958; and · Charge 5 – possession of a drug of dependence, namely methylamphetamine, contrary to s.73(1) of the Drugs, Poisons and Controlled Substances Act 1981 · Summary Charge 1 – at Eaglehawk on 25 September 2019, drove a motor vehicle knowing that he had been given a direction to stop by a police officer, contrary to s.64A Road Safety Act 1986; · Summary Charge 14 – at Long Gully on 25 September 2019, being the driver of a motor vehicle, failed to stop the vehicle after an accident, contrary to s.61(1)(a) Road Safety Act 1986; · Summary Charge 16 – at Long Gully on 25 September 2019, drove whilst disqualified, contrary to s.30(1) Road Safety Act 1986; · Summary Charge 20 – at Golden Square on 25 September 2019, dealt with property suspected of being the proceeds of crime, contrary to s.195 Crimes Act; · Summary Charge 21 – at Golden Square on 25 September 2019, did use a vehicle on a highway that was not in a safe or roadworthy condition, contrary to Regulation 259(1) of the Road Safety (Vehicles) Regulations 2009; and · Summary Charge 39 – at Long Gully on 25 September 2019, you failed to stop your vehicle after an accident | · Police attempting to locate offender in relation to outstanding allegations. · Three police officers in unmarked police cars and Police Airwing assisting. · Offender sped past one police officer who began to follow. · Offender parked in a court with one entry and exit point. · Two police cars blocked the offender’s exit. · Two police officers got out of their cars and began walking towards the offender. · Offender drove towards one police officer, attempting to drive around the police cars. · The police officer sheltered behind the passenger door which was struck by the offender, pinning her. · Offender continued driving out, narrowly missing a police officer on a motorcycle. · Offender drove dangerously and at high speeds for 27 minutes. · Offender collided with another car and accelerated away. · Offender failed to give way at an intersection and collided with another car, narrowly missing a police van. · Offender then drove towards a police officer on his motorcycle at a fast and out of control rate, forcing him to take evasive action. · Offender continued to drive dangerously and at high speeds before stopping and fleeing on foot. · Offender was arrested and found with drugs, stolen numberplates and vehicle not roadworthy. · Offender has never held a driver’s licence and was disqualified at the time of the offending. | · Highly relevant prior convictions. · Normal childhood, father drank a lot and was sometimes violent but not towards him. · DHHS involved due to offender’s problematic behaviour. · Expelled from school in Year 9. · Has worked a number of jobs. · Close relationship with son. · History of polysubstance use in teenage years. · Mild intellectual disability, traumatic brain injury, ADHD, mild depressive symptoms, anxiety and severe levels of stress. · Guarded prospects of rehabilitation. · Youthful offender | · Charges 2, 3 and 4 in the mid-range of seriousness · General and specific deterrence moderated due to Verdins · Mental impairment means imprisonment more burdensome · Charge 1 – 14 months’ imprisonment · Charge 2 – 18 months’ imprisonment · Charge 3 – 12 months’ imprisonment · Charge 4 – 10 months’ imprisonment · Charge 5 – 1 month’s imprisonment · Summary Charge 1 – 3 months’ imprisonment · Summary Charge 14 – 7 days’ imprisonment · Summary Charge 16 – 8 months’ imprisonment · Summary Charge 20 – 2 months’ imprisonment · Summary Charge 21 – convicted and fined $200 · Summary Charge 39 – convicted and 21 days’ imprisonment · TES – 3 years’ and 3 months’ imprisonment · NPP – 26 months’ imprisonment · Licence disqualification for 3 years based on Charge 2 |
| DPP v Bullard [2020] VCC 243 | G | · First indictment: o Aggravated offence of recklessly exposing an emergency worker to risk by driving · Second indictment: o Three charges of burglary o Four charges of theft o Four charges of handling stolen goods o One charge of possession of a drug of dependence · Related summary charge – unlicensed driving | · Offender and co-offender commit a series of burglaries and thefts in car with stolen numberplates and stolen cars. · Offender and two other males observed by police at a car wash, cleaning a car with stolen numberplates. · Five unmarked police cars entered the car wash and parked in front of and behind the offender’s car. · One car activated its lights and sirens and police officers exited the car and shouted “police”. · Offender and two other males got back into the car. · Offender reversed into the police car behind, pushing it back and forcing two police officers to take evasive action. · Offender drove forward into the police car in front, pushing it into another police car. · Offender reversed at a fast rate of speed into the police car behind in which a police officer was seated, causing the offender’s car to become wedged between the police car and the concrete bollards. · Offender and two males refused to exit the car, requiring police to smash the windows with batons and dispense OC spray. · Stolen items and drugs were found inside the offender’s car. | · 21 Y.O. at the time of the offending. · Heavily drug-affected at the time of the offending. · Supportive family and girlfriend. · Left school at 14. · Unable to remain employed due to drug problem. · Traumatic experience at 11 Y.O. when caught in Black Saturday bushfire, witnessing destruction and bodies. · Did not receive counselling and began using drugs shortly afterward. · Tragic deaths of two friends. · Suffering from PTSD due to 2009 bushfires, substance-induced psychosis and polysubstance abuse disorder. | · Not an early plea. · Beginning to demonstrate genuine remorse. · Relatively youthful offender. · Verdins not enlivened. · General deterrence is an important sentencing consideration. · First indictment: o Charge 1 – 18 months’ imprisonment (base sentence) · Second indictment: o Charges 1, 3 and 4 – 6 months’ imprisonment on each charge (2 months each cumulative) o Charges 7 and 9 – 4 months’ imprisonment on each charge (2 months each cumulative) o Charges 6, 8, 10 and 11 – 2 months’ imprisonment on each charge o Charges 2, 5 and 12 and Summary Charge 10 – convicted and fined $100 on each charge · TES - 2 years’ and 2 months’ imprisonment · NPP – 14 months · 2 year licence disqualification on Charge 1 of First Indictment |
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