Director of Public Prosecutions v Morgan

[2019] VCC 476

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR 18-02323

DIRECTOR OF PUBLIC PROSECUTIONS

v

LIAM MORGAN

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JUDGE:	HIS HONOUR JUDGE WRAIGHT
WHERE HELD:	Melbourne
DATE OF HEARING:	2 April 2019
DATE OF SENTENCE:	9 April 2019
CASE MAY BE CITED AS:	DPP v Morgan
MEDIUM NEUTRAL CITATION:	[2019] VCC 476

REASONS FOR SENTENCE

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Subject:CRIMINAL LAW

Catchwords:  Plea of guilty – theft (6 charges) – burglary (3 charges) - obtaining property by deception - damaging property (2 charges) - dangerous driving while being pursued by police - causing injury recklessly - handling stolen goods - attempted aggravated burglary - attempted theft – related summary offences - impersonate a police officer - unlawful assault with a weapon - unlicensed driving - committing an offence whilst on bail – diagnosed borderline personality disorder -  offender had become institutionalised -

Legislation Cited: Crimes Act 1958 (Vic), Victoria Police Act 2013 (Vic), Summary Offences Act 1966 (Vic), Road Safety Act 1986 (Vic), Bail Act 1977 (Vic), Sentencing Act 1991 (Vic)

Cases Cited:R v Verdins (2007) 16 VR 269, DPP v O’Neill (2015) 47 VR 395.

Sentence:Total Effective Sentence of 2 years and 2 months     imprisonment, non-parole period of 1 year and 4 months imprisonment.

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms V. Nguyen (Sentence) Ms A. Upton (Plea)	Office of Public Prosecutions
For the Accused	Ms A. Burnnard (Sentence) Ms N. Kaddeche (Plea)	Emma Turnbull Lawyers

HIS HONOUR: 

Introduction

1Liam Morgan, you have pleaded guilty to the following charges:

2Six charges of theft contrary to s.74(1) of the Crimes Act 1958, which carries a maximum penalty of ten years' imprisonment, Charges 1, 3, 7, 12, 13 and 14;

3Three charges of burglary contrary to s.76 of the Crimes Act 1958, which carries a maximum penalty of ten years' imprisonment, Charges 2, 8 and 11.

4One charge of obtaining property by deception contrary to s.81(1) of the Crimes Act 1958, which carries a maximum penalty of ten years' imprisonment, Charge 4.

5Two charges of damaging property contrary to s.197(1) of the Crimes Act 1958, which carries a maximum penalty of ten years' imprisonment, Charges 5 and 9.

6One charge of dangerous driving while being pursued by police contrary to s.319AA(1) of the Crimes Act 1958, which carries a maximum penalty of three years' imprisonment, Charge 6.

7One charge of causing injury recklessly contrary to s.18 of the Crimes Act 1958, which carries a maximum penalty of five years' imprisonment, Charge 10.

8One charge of handling stolen goods contrary to s.88 of the Crimes Act 1958, which carries a maximum penalty of 15 years' imprisonment, Charge 15.

9One charge of attempted aggravated burglary contrary to s.321M of the Crimes Act 1958, which carries a maximum penalty of 20 years' imprisonment, Charge 16.

10One charge of attempted theft contrary to s.321M of the Crimes Act 1958, which carries a maximum penalty of five years' imprisonment, Charge 17.

11You have also pleaded guilty to six related summary charges:

12Charge 5, impersonate a police officer contrary to s.256(1) of the Victoria Police Act 2013, which carries a maximum penalty of one year imprisonment or 120 penalty units;

13Charges 37, 38 and 39, unlawful assault with a weapon contrary to s.23 of the Summary Offences Act 1966, which carries a maximum penalty of two years' imprisonment.

14Charge 56, unlicensed driving contrary to s.18(1)(a) of the Road Safety Act 1986, which carries a maximum penalty of three months' imprisonment or 25 penalty units.

15Charge 60, committing an offence whilst on bail contrary to s.30B of the Bail Act 1977, which carries a maximum penalty of three months' imprisonment or 30 penalty units.

16You have also admitted your prior criminal record. 

Circumstances of the offending

17A detailed summary of prosecution opening was exhibited and read on the plea and may be summarised as follows:

18At approximately 7 pm on 27 June 2018, you entered the Sakura Deluxe Bar, a massage parlour located at 649 Burwood Road, Hawthorn East.  Whilst inside, you reached over the reception desk at the front of the store and took the week's profits totalling $1,110 in cash.  You then walked out of the store. That is Charge 1, theft.

19At approximately 8.45 am on Sunday 22 July 2018, Caitlyn Smith who works at the PETstock Store in 304 Craigieburn Road, Craigieburn drove her mother's car to work and parked it in the car park outside.  She placed the keys in her handbag and secured it in the staff room at the store.  At about 12.12 pm you entered the store and went to the staff only area at the rear.  This particular area is a prohibited area to the general public.  You searched through Ms Smith's bag and took the car keys, a wallet, a Victorian driver's licence, a Commonwealth Bank debit card and $50 in cash.  You then walked out of the store.  That is Charge 2, burglary and Charge 3, theft.

20Once in the car park, you used the stolen keys to unlock the car that Ms Smith had driven to work and drove off.  That is Charge 3, theft.  At 12.22 pm, you drove the stolen car to the 7-Eleven located at 1350 Pascoe Vale Road, Coolaroo.  You bought various items to the value of $43.99 using Ms Smith's stolen Commonwealth Bank credit card.  That is Charge 4, obtaining property by deception.

21At some stage later that day, you drove the stolen car to The Hive Shopping Centre car park in Abbotsford and at about 7.25 pm, you attempted to leave the car park.  The exit from the car park requires an exit parking card which you did not use.  Instead you attempted to lift the boom gate in order to drive through.  The boom gate came back down before you were able to drive through and you drove the car through the boom gate, causing significant damage.  That is Charge 5, damaging property.

22At approximately 8.20 pm, you were driving the vehicle on Princess Street, Kew when you came up behind Pyrian Da Silva, who was riding his motorcycle north.  You started honking the horn and flashing your lights at him.  This continued on to Chandler Highway and at the lights just before the Eastern Freeway, you pulled up beside Mr De Silva in the right lane.  You started yelling at Mr De Silva saying, "I'm a police officer.  Your vehicle is unregistered.  Pull Over".  That is summary Charge 5, impersonate police officer. 

23Mr De Silva pulled over and you pulled over in front of him, blocking traffic.  You approached Mr De Silva and said, "I want to see your licence and registration".  You then went back to your car, Mr De Silva thinking that you looked unstable, decided that you were not a police officer and he drove off.  He had been terrified by your behaviour.  Mr De Silva drove to a nearby 7-Eleven store and called 000.  He then drove home and downloaded the footage from his GoPro camera attached to his helmet, which had recorded the incident.

24A short time later Senior Constable Lynch and Constable Lane were patrolling in Hoddle Street, Abbotsford in a marked divisional van.  They observed the stolen car being driven by you, travelling west on Johnston  Street, to cross to the wrong side of the road and travel through a red light, whilst cars travelling across the intersection with the green light had to take evasive action to avoid a collision.  You drove past the police car and continued to drive erratically south on Hoddle Street, causing other cars to take evasive action to avoid collisions occurring. 

25Police determined the car to be stolen, by way of a registration check and activated the emergency lights and sirens to attempt to intercept it.  You did not pull over and a pursuit was initiated.  You turned east onto Victoria Street, south onto Shelley Street, west onto Elizabeth Street and back across Hoddle Street, into East Melbourne.  You then headed up Albert Street where you crossed onto the wrong side of the road and turned off your headlights.  The pursuit was terminated as you were placing members of the public in extreme danger, due to your driving.  You were last seen driving east on Albert Street on the wrong side of the road, with your headlights still turned off.  That is Charge 6, dangerous driving whilst pursued by police.

26At approximately 8.57 pm on the same day, you drove the stolen vehicle to the 7- Eleven service station on Mt Alexander Road, Moonee Ponds.  You filled up the car with $56.35 worth of diesel fuel and drove off without paying for it.  That is Charge 7, theft.

27On Monday 23 July 2018, you went to the Albion Charles Hotel at 22 Charles Street, Northcote.  You asked staff member, Nikhil Grover to swap some coins for notes, which he did.  You then asked for a Coke but when you were asked to pay for it, you became angry so Mr Grover gave it to you.  You then tried to pay for another Coke with five cent pieces and Mr Grover refused.  You became angry and came into the bar area in a confrontational manner.  Mr Grover left to find a security guard. 

28Whilst Mr Grover was gone, you leaned over the counter, into the staff area and when Mr Grover returned, he found you leaning over the counter with the cash register drawer open.  Mr Grover pushed the door shut, a security guard, Rani Dabo pulled you off the counter and while he was doing this, you ripped the key pad off the safe.  That is Charge 8, burglary and Charge 9, damaging property. 

29Mr Dabo took you to near the exit and tried to calm you down.  Whilst Mr Dabo was doing this, you punched him hard in the forehead.  Mr Dabo took you to the ground and when doing so, observed you had dropped a yellow screwdriver.  A scuffle ensued, during which you bit Mr Dabo on the lower-left side of his stomach, his right cheek and his right forearm.  This caused extreme pain and lacerations.  That is Charge 10, causing injury recklessly.

30The altercation continued for a short time until you calmed down and were released by Mr Davo.  You left before police arrived and Mr Dabo was taken to St Vincent's Hospital for treatment.  He was bleeding from the bite wound to his face and bruising from the bite to his stomach.  He was required to have a tetanus shot and blood test to determine if he had been infected with any transmittable disease, given the nature of his injuries.  Results of such testing take approximately three months and resulted in considerable stress and anxiety to Mr Davo.  He required stitches to his cheek.

31On 23 July 2018, a 2010 Hyundai i30 sedan was stolen from the Power Living yoga studio in Fitzroy.  On 24 July 2018 at approximately 1.30 pm, you drove this car to the Bell Mall car park on Bell Street, Heidelberg West.  You went to the Phoenix Massage Parlour at 18 The Mall, Heidelberg West.  You entered through a door that was shut at the time and had on it, a sign that read, "Staff Only".  That is Charge 11, burglary.

32On entering the staff only area, you rummaged through staff lockers, took a Louis Vuitton purse containing approximately $2,000 in cash.  Napaporn Merazzi who was working at the front reception, was alerted by another staff member that you were in the staff room.  Mr Merazzi yelled at you and you ran from the massage parlour into the car park.  You drove away in the stolen vehicle that you had parked earlier and that is Charge 12, theft.  The incident was caught on CCTV footage.

33On Sunday 22 July 2018, a red Toyota Corolla was stolen from the Hertz car rental yard in South Yarra.  On Wednesday 27 July 2018, you were in this car when it was driven to the Tylden General Store at 36 Trentham Road, Tylden.  You were with three other unknown people.  One of these people filled the car with $40 worth of petrol and it was driven away without the petrol being paid for.  That is Charge 13, theft.

34Sometime between 11:00 pm on 27 July 2018 and 5:00 am on 28 July 2018, a Land Rover was stolen from 145 Main Street, Romsey.  The keys were stolen from inside the house, while the owner was sleeping.  At approximately 4.07 am on Sunday 29 July 2018, you drove the stolen Land Rover to the Caltex Service Station at 115 Willsmere Road, Kew.  You filled it with $60.45 worth of petrol and drove off without paying.  That is Charge 14, theft.  The stolen car was later found by police in the rear car park of 33 Pender Street, Thornbury.  A forensic examination discovered two fingerprints belonging to you.  That is Charge 15, handling stolen goods.

35At approximately 10:00 pm on Monday 30 July 2018, you went into the rear yard of a house in Rossmoyne Street, Thornbury.  Whilst there, you went to the locked laundry door to the house and attempted to jemmy it open.  That is Charge 16, attempted aggravated burglary.  Jessica Vallve was inside the house and observed what you were doing.  You saw that Ms Vallve could see you and ran to the front of the house.  She ran to the front door and opened it to find you in the front yard, near the front fence.  She yelled at you, "What do you think you're doing?"  You told her to calm down and that you were just getting a drink of water.  You then ran west down Rossmoyne Street and out of sight.  Ms Vallve contacted the police who arrived a short time later.

36At about 11:00 pm on the same day, you entered Danny's Coin Laundry situated at 923 High Street, Thornbury.  Mikayla Powell was also there doing laundry, as were Syed Aamer Ali, Mohammed Sharief and Lisa Grayland.  You staggered around opening washers and dryers.  You also looked through the lost and found box.  You then approached a couple who were also in the laundromat, Sachin Marri and Joyce Duvvuri.  You said a number of suggestive things to Ms Duvvuri that made her uncomfortable and Mr Marri stepped between you, to create some space.  You became aggressive and attempted to touch Ms Duvvuri. 

37Ms Marri and other people in the laundromat tried to divert your attention.  Ms Powell walked over to see if she could help.  They tried to get you to calm down and leave the laundromat.  Ms Powell started to get worried about your unpredictable behaviour so she grabbed her bag and moved further away, as she was worried that you might grab it.  Ms Duvvuri and Mr Marri left to wait outside for their washing to finish.  As they did, you removed a large hunting knife from a bag that you were carrying.  You brandished it at Mr Ali, Mr Sharief and Ms Grayland.  They all backed away from you and retreated to a corner of the laundromat.  That is summary Charge 37, assault with a weapon.

38You tried to take Ms Powell's handbag but was unable to do so, as she was able to grab it straight back from you.  That is Charge 17, attempted theft.  Mr Marri came back into the laundromat and when he saw you brandishing the knife, he left back to his car.  You followed and ran towards Mr Marri’s car where he and Ms Duvvuri were seated inside.  You stood at the door brandishing the knife at Mr Marri and you said, "I just want to talk to her" and tried to open the driver's door, which was locked.  You then put the tip of the knife into the top of the window, trying to pry it open.  You were unsuccessful and so started punching the window.  That is summary Charges 38 and 39, assault with a weapon.

39Mr Marri started the car and drove away down High Street.  He contacted police and continued to observe you, so he could tell police where you were.  Police attended a short time later and located you in Archbold Street, Thornbury.  You still had the hunting knife which you refused to drop when requested.  You were subdued by a police dog and then arrested.  You were conveyed to hospital a short time later for treatment to injuries sustained when you were arrested.  You required surgery to your left for the dog bite wound.

40You were assessed by a forensic medical officer as being unfit to interview, due to the general anaesthetic you received and subsequent prescription medication.  At the time of the offending, you were on bail.  That is summary Charge 60, commit offence whilst on bail.  And you did not hold a Victorian Driver's Licence, which is summary Charge 56, unlicensed driving.

Objective seriousness of the offending

41The 17 charges on the indictment together with the associated summary charges represent a litany of offending by you in June and July 2018.  Some of the charges represent relatively minor dishonestly offending while others represent more serious offending, such as the attempted aggravated burglary, the injury charge in relation to Mr Dabo and the charge related to the police chase.  When your offending is considered in its totality, it appears that you committed these offences with little regard for the victims or yourself.  Your offending was bold and opportunistic.

42For example, Charge 1, where you walked into a business and immediately reached over the counter to take cash, or simply walked into staff areas to steal employee's possessions, which you did in relation to Charges 2 and 11.  Some of the offending represents somewhat bizarre behaviour, such as Charge 5 where you posed as a police officer and pulled a driver over, ultimately causing the victim great fear as a result of your behaviour.  Further, the physical assault in relation to Charge 10, where you bit the victim a number of times, is also very serious and disturbing behaviour. 

43The offending in relation to the incident at the laundromat is also disturbing and would have been a frightening experience for the victims involved.  You produced a large knife and ultimately followed a victim to his car, placing the knife in the window, trying to open it while the victim and his companion were inside. 

44The offending relating to the police chase is in my view, very serious.  At one point you were driving on the wrong side of the road with your lights off, in the dark.  Cars needed to take evasive action to avoid a collision.  Ultimately the police were required to terminate the chase, as a result of your driving placing members of the public in extreme danger.  While the dishonesty related charges are relatively minor, they still cause stress and inconvenience for the victims who lose property and cash and have to go through the inconvenience of replacing items, including bankcards. 

Personal circumstances

45You are now 25 years of age.  You identify as an Indigenous Australian.  You have two brothers and three sisters and you grew up in Melbourne.  Your father was physically and emotionally abusive towards you and your mother.  When you were five your mother died of a drug overdose and you were ultimately cared for by your grandparents.  You only saw your father occasionally in the following five years. 

46In your early years, you presented with inappropriate behaviour and emotional distress and were assessed and treated by paediatricians.  At age ten, your grandfather developed cancer and you returned to live with your father.  As noted, your father was a violent man and was in and out prison, suffering with a bipolar disorder.

47When you were 12 years of age, you returned to live with your grandmother after your grandfather had passed away.  You now only have occasional contact with your father.  You are not in a relationship and you do not have any children.  As to your education, you attended Thornbury primary school and then Lynall Hall Community School where you attended only for Year 7.  You found it difficult to settle down and concentrate at school and were often in trouble.  After leaving school at age 14, you worked in a car wash for a few months, you were then unemployed for approximately 12 months before enrolling in a hospitality course at the William Angliss Institute.  As a result of that training, you were placed at a café where you worked for approximately four months. 

48As to your substance abuse history, you began using alcohol and cannabis at the age of ten and since that time, you have also used amphetamine, methylamphetamine, ecstasy and heroin.  In 2012 you spent several months on two separate occasions, as the YSAS Residential Substance Abuse Rehabilitation Program and engaged in counselling.  In recent years, your substance abuse has mainly entailed using heroin and ice. 

49You have been involved in the criminal justice system since 2009, when you first appeared in the Children's Court at age 16.  Since that time you have regularly appeared in the Children's Court and then Magistrates' Court in relation to dishonesty offences, drug offences, driving offences and some assault charges.  You have spent a number of periods of time in custody, both in youth residential facilities and adult prison. 

50A psychological report was prepared by Ian McKinnon and tendered on the plea.  Mr McKinnon had previously assessed you in 2018 and thus already had some understanding of the issues you were grappling with a year ago and at the time he assessed you in relation to the current report.  Mr McKinnon provided a current clinical summary where he highlights your unstable and distressing childhood, parental substance abuse and criminality, your parents' separation, your father's physical and emotional abuse, your mother's death, your grandfather's death and other general socio-cultural disadvantages.

51Mr McKinnon ultimately assessed you as suffering with a chronic and long-standing borderline personality disorder, subsuming substance abuse, transient psychotic episodes and underlying symptoms.  As a component of the borderline personality disorder, Mr McKinnon concludes that you suffer from a number of other conditions, such as anxiety, depression, suicidal ideation, anti-social tendencies, self-destructive tendencies, low self-esteem, paranoia, fear of abandonment and rejection.  Mr McKinnon is of the view that your borderline personality disorder, "Probably made a significant contribution to his offending, by degrading his ability to reason and make sound judgement, causing perceptual and cognitive distortion, fuelling paranoid and delusional thoughts, eroding his sense of morality and personal responsibility, making him more impulsive and easily frustrated and generally engendering a self-destructive tendency and a perspective that tended to disregard the needs of others".

52Given Mr McKinnon had the advantage of seeing you on two occasions 12 months apart, he is of the view that your criminal and anti-social tendencies have become more entrenched.  He notes what you also confirmed on your instructions to counsel, that you do not wish to complete another community correction order or a parole order, as you would be unable to comply with such orders.  He notes that you stated that you have become used to being in prison and thus unfortunately, Mr McKinnon has concluded that you have become institutionalised.

53As to other supports you have in the community, I was told that no one has visited you in custody and it seems there is no support awaiting you upon your release.  Further, I was told that as a result of behavioural issues in custody, you have spent the last four months in a lockdown situation.  Ms Kaddeche, you appeared on your behalf, acknowledged that a diagnosis of borderline personality disorder does not enliven Verdins[1] principles, in the sense that general deterrence can be reduced.  I agree.  First, the position is well settled that a diagnosis of personality disorder is not able to be called on to moderate general deterrence in the Verdins sense. 

[1]R v Verdins (2007) 16 VR 269.

54As was confirmed in the DPP v O'Neill and is applicable here, the condition you suffer, in my view did not play any relevant role in diminishing your capacity to understand the nature and gravity of the offending.  Indeed, Mr McKinnon notes that you understood the ordinary meaning of right and wrong, in circumstances where you continue to suffer the condition, that you were said to be suffering at the time of the offending.  Further, Mr McKinnon assessed your intelligence as being within the normal range and that your general cognitive function appeared to be normal. 

55Secondly, the disorder from which you suffer is complicated by the fact that you were abusing substances over the time period of the offending, thus it is very difficult to disentangle the disorder from the effects of drug use.

56Thirdly, Mr McKinnon is equivocal as to the nature of your condition at the time of the offending.  He notes, "Mr Morgan appears to have been suffering with a chronic and long-standing BPD", and, "Mr Morgan's BPD probably made a significant contribution to his offending".  Fourthly, the offending was not isolated to one event, but rather represents a serious of incidents over a period of a month and the evidence of your condition, is of a general nature and not specific to certain behaviours in relation to specific offences.

57However, Ms Kaddeche also submitted that the diagnosis would nevertheless reduce moral culpability to a limited extent, as the disorder goes towards explaining the offending conduct.  I accept that submission.  As it was also made clear in O'Neill[2], your complex personality matrix is relevant to the sentencing synthesis.  The explanation and diagnosis of your underlying personality issues are of central importance in making an informed assessment of your moral culpability, for your offending conduct.

[2] (2015) 47 VR 395 at [86].

58As to your plea of guilty to these offences, I accept that the plea was made at an early opportunity and has thereby facilitated the course of justice.  Most importantly, it has avoided the need for a trial and for the various victims to have to give evidence and relive the events.  I note also that Mr McKinnon notes, that you expressed appropriate remorse for your offending however your explanations for your behaviour, appear to reflect psychotic and delusional symptoms. 

59Ms Upton, who appeared on behalf of the Director of Public Prosecutions submitted that given your prior history and poor prospects for rehabilitation, specific deterrence should weigh heavily in the sentencing discretion.  In my view, specific deterrence should feature prominently however, general deterrence, denunciation of your conduct and just punishment are also relevant sentencing considerations together with protection of the community.

60As to your prospects of rehabilitation, Mr McKinnon reports that given your history, you will be at significant risk of relapsing into substance abuse and reoffending.  Further, you have said that you do not wish to attempt another community correction order or parole period, as you would be unable to comply.  In that regard, I note that these offences occurred very shortly after your release from gaol and were to commence a community correction order.  As such, your prospects of rehabilitation at this stage can only be assessed as poor.

61You have a sense of hopelessness which is understandable, given your disturbing and difficult childhood and adolescence.  At 25, you are a young man and while principles in relation to youthful offenders have limited application in your circumstances, in my view, the mitigating circumstances of youth should not be entirely disregarded in your case.  From my observations of you at the plea, you do have some insight into what you need to do to turn your life around and to be a productive member of the community. 

62Mr Morgan, please stand.

63Liam Morgan, on Charges 1, 3, 7, 12, 13, 14 and 17, the theft related charges, you are convicted and sentenced to 1 month imprisonment on each charge.

64On Charges 2, 8 and 11, the burglary charges, you are convicted and sentenced to 6 months imprisonment on each charge.

65On Charge 4, obtain property by deception, you are convicted and sentenced to 1 month imprisonment.

66On Charges 5 and 9, criminal damage, you are convicted and sentenced to 1 month imprisonment on each charge.

67On Charge 6, dangerous driving whilst being pursued by police, you are convicted and sentenced to 12 months imprisonment.

68On Charge 10, recklessly cause injury, you are convicted and sentenced to 6 months imprisonment.

69On Charge 15, handling stolen goods, you are convicted and sentenced to 3 months imprisonment.

70On Charge 16, attempted aggravated burglary, you are convicted and sentenced to 12 months imprisonment.  This will be the base sentence.

71In relation to summary Charge 5, impersonate a police officer, you are convicted and sentenced to 7 days imprisonment.

72In relation to summary Charges 37, 38 and 39, assault with a weapon, you are convicted and sentenced to 3 months imprisonment on each charge.

73In relation to summary Charge 56, unlicensed driving, you are convicted and sentenced to 7 days imprisonment.

74In relation to summary Charge 60, commit an indictable offence whilst on bail, you are convicted and sentenced to 14 days imprisonment.

75I direct that 2 months of the sentence on Charges 2, 8, 10 and 11 and 3 months of the sentence on Charge 6 and 1 month of the sentence on summary Charges 37, 38 and 39 be cumulative on each other and on Charge 16, the base sentence.  That makes for a total effective sentence of 2 years and 2 months imprisonment.

76The sentences on the remaining charges on the indictment and the remaining summary charges, are to be served concurrently on the other sentences I have imposed.  I direct that you serve 1 year and 4 months imprisonment before becoming eligible for parole.  

77In relation to Charge 6, dangerous driving whilst being pursued by police, pursuant to s89(3) of the Sentencing Act 1991, any driver's licence you hold will be cancelled and you will be disqualified from obtaining a licence for a period of 12 months from today.

78Pursuant to s18 of the Sentencing Act 1991, I declare that 252 days be reckoned as the period of imprisonment already served, under the sentence I have imposed that does not include today.

79Pursuant to s.6AAA of the Sentencing Act 1991, if not for your plea of guilty, I would have sentenced you to a period of 2 years and 8 months imprisonment with a non-parole period of 1 year and 8 months.

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