Director of Public Prosecutions v Morrison

[2020] VCC 492

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR 18-02072
CR-18-02464

DIRECTOR OF PUBLIC PROSECUTIONS

v

DALE MORRISON

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JUDGE:	HER HONOUR JUDGE HASSAN
WHERE HELD:	Melbourne
DATE OF HEARING:	19 February and 12 March 2020
DATE OF SENTENCE:	22 April 2020
CASE MAY BE CITED AS:	DPP v Morrison
MEDIUM NEUTRAL CITATION:	[2020] VCC 492

REASONS FOR SENTENCE
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Subject:  CRIMINAL LAW

Catchwords:              Sentence — prohibited person use firearm — prohibited person possess firearm — unlicensed person store cartridge ammunition in insecure manner — trafficking in a drug of dependence — possession of drug of dependence — retaining stolen goods — stalking — persistent contravention of family violence intervention order — attempting to pervert the course of justice — related summary offences — plea of guilty — relevant criminal history — drug abuse

Legislation Cited:      Firearms Act 1996 (Vic); Sentencing Act 1991 (Vic)

Cases Cited:R v Verdins (2007) 16 VR 269; Director of Public Prosecutions (Vic) v Oksuz (2015) 47 VR 731; Tognolini v The Queen (2011) 32 VR 104

Sentence:Total effective sentence of 5 years and 7 months with non-parole period of 4 years

Section 6AAA declaration: 7 years and 6 months with non-parole period of 6 years

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms N Sheridan-Smith	Solicitor for the Office of Public Prosecutions
For the Accused	Mr C Terry	Slades & Parsons

HER HONOUR:

1Dale Neil Morrison, you have pleaded guilty to charges in respect of two indictments and to a number of summary charges.

2On what I will call the ‘first indictment’, you have pleaded guilty to:

·a charge of being a prohibited person using a firearm, for which the maximum penalty is 10 years’ imprisonment (charge 1);

·a charge of prohibited person possessing a firearm, for which the maximum penalty, again, is 10 years’ imprisonment (charge 2);

·a charge of unlicensed person storing cartridge ammunition in an insecure manner, for which the maximum penalty is four years’ imprisonment or 240 penalty units (charge 3);

·two charges of trafficking in a drug of dependence, the maximum penalty for which is 15 years’ imprisonment (charges 4 and 5);

·two charges of possession of a drug of dependence, for which the maximum penalty is five years’ imprisonment or 40 penalty units, or one year imprisonment or 30 penalty units where the court is satisfied on the balance of probabilities that the offence was not committed for any purpose relating to trafficking (charges 6 and 7); and

·a charge of retaining stolen goods, for which the maximum penalty is 15 years’ imprisonment or 1800 penalty units (charge 8).

3On the ‘second indictment’, you pleaded guilty to:

·a charge of stalking, for which the maximum penalty is 10 years’ imprisonment (charge 1);

·a charge of persistent contravention of a family violence intervention order, for which the maximum penalty is five years’ imprisonment (charge 2); and

·a charge of attempting to pervert the course of justice, for which the maximum penalty is 25 years’ imprisonment (charge 3).

4You have also pleaded guilty to a number of related summary offences.

5The summary offences related to the first indictment to which you have pleaded guilty are:

·a charge of possess cartridge ammunition, for which the maximum penalty is 40 units (summary charge 6);

·a charge of possessing a prohibited weapon without exemption, for which the maximum penalty is 240 penalty units or two years (summary charge 14); and

·a charge of possess controlled weapon without excuse, for which the maximum penalty is 120 penalty units or one years’ imprisonment (summary charge 20).

6The summary offences related to the second indictment to which you have pleaded guilty are:

·a charge of using an unregistered motor vehicle, for which the maximum penalty is 25 penalty units for the first offence, and I understand that that is the case for you, it goes to 50 penalty units for a second or subsequent offence (charge 3);

·you have also pleaded guilty to a charge of committing an indictable offence while on bail, which carries a maximum penalty of three months’ imprisonment or 30 penalty units (charge 6);

·a charge of possessing cartridge ammunition, for which the maximum penalty is 40 penalty units (charge 7);

·a charge of fraudulently using or altering licence plates, for which the maximum penalty is 60 penalty units or six months’ imprisonment (charge 8), and

·a charge of contravening the conduct conditions of bail, for which the maximum penalty is three months’ imprisonment or 30 penalty units (charge 9).

7Tendered on the plea as Exhibit 1 was an ‘Amended Consolidated Summary of Prosecution Opening’.

8The circumstances of your offending were as follows.

9At the time of your offending you were 32 and turning 33 years of age. The victim of charges 1 and 2 on the second indictment is Kristina Norris.[1] She was 27 years of age at the time of these offences. Ms Norris first met you in January or February 2017. You were initially friends, but you went on to have a romantic relationship.

[1] A pseudonym.

FIRST INDICTMENT

10I turn first to your offending in respect of the first indictment.

11You were at the time of the offending classified as a prohibited person under the Firearms Act 1996 (Vic) for a number of reasons.

12First, you had been sentenced to a term of imprisonment of less than five years within the last five years. This sentence was imposed on 14 December 2015 by Judge Wilmoth of this Court. Secondly, you were still subject to parole on that sentence. Finally, you were also subject to a final intervention order concerning Sally Lea.[2] Ms Lea was your former partner and she was the victim of a number of the charges of the sentence imposed by Judge Wilmoth. I will discuss the further relevance of your offending against Ms Lea later in these reasons.

[2] A pseudonym.

13You lived on Thompsons Road, Bulleen. You had several CCTV cameras installed at your home.

14In April 2018, your then ex-partner, Ms Norris, went to the police. She reported your offending against her, which is the subject of the second indictment. She also provided police with CCTV footage and an audio recording of a conversation that she had had with you about a shooting incident in which you had been involved and which had occurred the year before in March 2017.

15On a USB which Ms Norris provided to the police in April 2018 were two digital files. The first, entitled, ‘Going on with it! Directors Cut!!’, was a file from multiple camera angles, lasting 42 minutes and 45 seconds. The second file was entitled, ‘Going on with it FUKN DOG CUNTS!!’, a file from multiple camera angles and a total time of six minutes and 32 seconds. This was a shorter edited version of the other file.

16Essentially, the CCTV footage depicted your address at Thompsons Road, Bulleen. The address is a property with two double-storey townhouses which share a common driveway. You resided in the rear townhouse.

17The footage shows, from three different camera angles, the shooting incident, and depicts a man in a grey hoodie and black shorts with a short, dark beard, called Pat, and a man in a red checked shirt, white hood and black shorts who is clean-shaven, called Shane. They jump the front fence and walk down the driveway of your property towards your unit. These two men are seen waiting at the front door for a couple of minutes and talking to someone behind the door. The man in the grey hoodie, Pat, becomes agitated and starts kicking the small window to the bottom-right of the door. The man in the grey hoodie, Pat, is seen to flinch and then run away from the front door and back down the driveway, followed by his associate in the red checked shirt, Shane.

18At this point, the small window next to the door appears to have a round hole consistent with a bullet hole. The glass is also fractured. A man’s right hand holding a long, narrow gun barrel protrudes from the glass panel and appears to fire a shot. Immediately after that, a man in a black hoodie, an unidentified associate of yours, and you, both armed, are seen to run out the front door of your property. You and your associate pause to fire shots down the driveway towards Thompsons Road and then jump on to a high wooden fence to fire shots over the fence line and into the public footpath area next to the property. You and your associate then return inside. Your associate then leaves on a black motorcycle following in the direction of the two other men, west down Thompsons Road.

19Ms Norris had conversations with you about the shooting incident at the time.

20The first conversation, she believed, was on the day of the incident — a Wednesday evening, possibly 22 March 2017. She visited you at home and saw a small window next to the front door that had been smashed. You told her there had been some kind of ‘shoot out’ earlier in the day. Ms Norris observed that you were ‘freaking out’ and were packing your bags in preparation to leave your home. You told her you were planning to go to a hotel in Hawthorn that night. You were worried that the men involved may come back and that the police may attend. You were also concerned that it was too dark to locate the shell casings that the firearm had ejected.

21You had two further conversations with Ms Norris, one of which she recorded without your knowledge. In your further conversations with her, you told her that the two men had come to your house and you believed they were trying to do a ‘run through’, which you told her may have been set up by a woman called ‘Maddy’, to whom you had refused to sell drugs. You told her one of the men kicked in the glass panel next to the front door. You said your associate fired from inside the house and you picked up a gun and ran outside. You said you and your associate chased and shot at the men as they ran away. You told Ms Norris you believed you had shot one of the men involved, Pat, in the kneecap.

22Ms Norris asked you whether you were talking about actual gunshots, and you told her that you were shooting .22 calibre firearms and that you picked up the shell casings the next day. You told her you had shot four rounds and your associate had shot eight rounds. You told her the men had driven off in a car with Maddy and that your associate had followed on his motorcycle.

23Notwithstanding that you claimed that you had hit one of the men in the knee, there is no record of any person presenting for medical treatment to a hospital or emergency services for a gunshot-related injury in this period. This type of injury requires a mandatory report to be made to police.

24The area immediately surrounding your property at Thompsons Road was frequented by both cars and pedestrians. Opposite your property was a small group of shops and a bus stop.

25Throughout the footage, there was significant motor vehicle and pedestrian traffic past the front of your property.

26Throughout the CCTV footage, every couple of minutes it appeared that people walked down the public footpath that ran parallel to the fence line and driveway of the property.

27You yourself said that, at the time of the shooting incident, just seconds prior, there had been a bus pull up at the front of your property and passengers alighted.

28Indeed, after the shooting, when your associate was seen leaving on a black motorcycle, a man in a pink business-style shirt and carrying a briefcase can be seen crossing Thompsons Road and walking down the public footpath, past where the shooting occurred less than a minute earlier.

29On 4 July 2017 at approximately 4:20pm, Victoria Police executed a search warrant on your home concerning unrelated allegations. At that time police located the following items:

1)A firearm, namely a sawn-off .22 long calibre, CZ brand, Model 4522E ZKM bolt action repeating rifle, serial number B285965. This rifle had a bayonet attached. Both the barrel and the stock had been sawn off to shorten the weapon. The gun was assessed as capable of discharge. It was loaded with two .32 calibre ammunition rounds in the magazine. It was located underneath the lounge room couch (charge 2).

2)Ammunition, including 86 .22 calibre rounds, one .38 calibre round and one .40 calibre round. These were located in the dining room coffee table and a bag on the lounge room floor (charge 3).

3)Methylamphetamine was located in a ziplock bag on the lounge room coffee table, and evident on various glassware and ceramic mugs in the kitchen. In total, 46.5 g was located, of mixed purity (charge 4).

4)Inside a yellow case located on a couch in the lounge room were 207 vials of a liquid substance. They were organised in 14 ziplock bags labelled ‘10, 30 & 7’. There were also some loose vials inside the yellow case. Each vial contained 10 mg of liquid. Ultimately, analysis has confirmed the vials to have contained:

a.testosterone, 845.5 g (charge 5);

b.nandrolone, 571.7 g (charge 5); and

c.trenbolone, 595.4 g (charge 5).

5)1,4-butanediol, 25.8 g (charge 6).

6)Cannabis L was also located on the lounge room coffee table (charge 7).

7)There was also a Victoria Police identification badge located in a bag on the lounge room floor (the basis of charge 8).

30During the execution of the search warrant, two black and red notebooks were located, which contained handwritten notes. Some of these notes referred to ‘ROIDS’, and a list of apparent cost prices and figures, as well as a tally or ‘tick book’ that was being kept to record the sale of drugs to associates.

31During the above search warrant execution, police also located the following items:

1)one black-handled double-edged hunting knife (summary charge 14);

2)one brown-handled double-edged hunting knife with a sheath (summary charge 14);

3)a small container containing slug pellets (summary charge 6); and

4)a baseball bat with a knife attached (summary charge 20).

Arrest and Record of Interview

32I now turn to your arrest and your record of interview in respect of the first indictment.

33You were arrested on 4 July 2017 and taken to the Box Hill police station. On the evening of 4 July 2017, going into the early hours of 5 July 2017, you participated in a record of interview with police about the allegations of drug trafficking and possession of weapons. You said that you had been residing at this property for about four to five years. In respect of the allegations put to you by police, you either denied knowledge or gave ‘no comment’ answers with respect to the items seized.

SECOND INDICTMENT

34I am now going to turn to your offending in respect of the second indictment.

35On 4 July 2017, you had been arrested and remanded in custody on the allegations subject to the first indictment, excepting charge 1, the shooting incident.

36On 25 August 2017, you were granted bail in the Supreme Court of Victoria concerning those charges.

37You continued your relationship with Ms Norris upon your release from bail.

Charge 1: Stalking

38In about September 2017, with the assistance of your associate, Andrew Tatum, you obtained a GPS tracking device.

39In about October 2017, you placed a GPS tracking device on Ms Norris’s mother’s car. At this time, Ms Norris was driving this car on a daily basis.

40On Sunday 12 November 2017 at approximately 8:00pm, Ms Norris drove to La Porchetta restaurant, located at the Homemakers Centre, Shop 12/390 South Gippsland Highway, Cranbourne. There she met her ex-partner Ben Proctor[3] and his father for dinner.

[3] A pseudonym.

41After dinner, she drove Ben and his father to their home address in the Cranbourne area.

42Ms Norris checked her phone a short time later and saw that you had sent her a text message stating, ‘Having fun?’. The time of the text message coincided with the time that she was having dinner at La Porchetta.

43She also checked her Facebook and noticed that you had checked into the La Porchetta restaurant with the comment, ‘Dale Morrison was eating dinner with family at La Porchetta Cranbourne’.

44Consequently, Ms Norris believed that you had been following her that evening. She was fearful and she left her ex-partner’s house immediately, as she was concerned that he may be put in danger.

45On Tuesday 14 November 2017, Ms Norris was working at a gym in East Doncaster. At approximately 7:30pm, she walked outside towards her car. When she reached her car you approached her, demanding to talk. Ms Norris was shocked and furious that you had come to her workplace. You yelled at each other, and then she got in her vehicle and drove off to escape.

46Ms Norris drove to the Coles supermarket in Tunstall Square, Doncaster East, where she believed she would be safe. She parked and went inside the supermarket to buy some cigarettes. When she exited a short time later, you were standing next to her vehicle. She walked past you and got into her car. You entered the front passenger side of the car uninvited.

47You said words to the effect of, ‘you fucking dickhead, I know what you’ve been up to. I’ve had a tracking device on your car’. This caused Ms Norris to be very fearful of you, and she realised this was why you had known where she was.

48She got out of her car and walked towards the Chemist Warehouse. You followed her on a black motorcycle. She started to run away and got out her phone to pretend that she was calling 000. You said, ‘it’s alright, I’ll go. Just tell your mum and Jack[4] not to be home’. Ms Norris took that as a threat that you were going to her home to harm her family.

[4] A pseudonym.

49CCTV footage from outside Chemist Warehouse depicts you following Ms Norris as she walks on the footpath outside the store. Additional CCTV footage from outside Tunstall Square Medical Centre depicts you on a black motorcycle following Ms Norris as she walks through the car park. She is visibly distressed.

50Ms Norris called her ex-partner Ben Proctor in a hysterical state. He picked her up from the shopping centre and took her to the Knox police station to report these events.

51On Wednesday 15 November 2017 at 11:45am, police attended Ms Norris’s address. Police located a GPS tracking device under the rear driver’s side wheel arc of her mother’s car.

52The device contained a Vodafone SIM card. This SIM card was registered in a false name. Subsequent DNA analysis of the device found three contributors on the outer surface, one of whom was you.

53On 17 November 2017 at approximately 10:18pm, police executed a search warrant on your mother’s home in Doreen. You had possessions there and lived there from time to time. At this address, police located several items relevant to your interest in GPS tracking devices, including a device user manual, a kit installation and user manual, another GPS tracker, and an invoice for the purchase of a device.

54During the search, police also located a gold-coloured .22 calibre round of ammunition (summary charge 7).

55You attended at the Mill Park police station at approximately 9:00pm to report on bail and were arrested. Police conducted a pat down search and located a key to a motorcycle. You told police that you had travelled to the police station on your motorcycle, which was hidden between a tree and an internal fence about 150 m down from the police station. Summary charge 6 is in relation to you using that motorcycle.

56Police conducted checks on the motorcycle and identified it as unregistered (summary charge 3), and the registration plate, ‘LOL-50’, did not match the vehicle and was false (summary charge 8).

57On 21 November 2017, police attended at your place of employment, Sawn Creations, and made enquiries with the owner, Luke Shaw. He advised police that between 25 August 2017 and 17 November 2017 you had worked a total of 24 hours over a period of three to four days.

58Condition 13 of your Supreme Court bail, granted on 25 August 2017, was that you remain in employment with Sawn Creations and notify the informant within 24 hours of any change of employment or reduction of employment below 30 hours per week. Your failure to do so is the basis of summary charge 9.

Arrest and Record of Interview

59On 17 November 2017, you were arrested at Mill Park police station. On 18 November 2017, you participated in a record of interview with police in which you stated that:

1)Ms Norris was lying about you posting on Facebook as your accounts were mutually blocked.

2)You could not recall whether you were in Cranbourne on Sunday 11 November 2017.

3)In response to Ms Norris’s allegation of ongoing threats and messages, you stated that it made no sense, as she could just delete or block you.

4)In response to the allegations of attending Ms Norris’s workplace on 14 November 2017 and following her, you stated you could not recall, and then answered, ‘no comment’.

5)Generally, at the conclusion of Ms Norris’s statement being read, you stated, ‘yeah, I’d like to say that I’m disgusted that she would make those claims. It’s disgusting actually’.

6)In relation to the execution of search warrants and the tracking devices located in your bedroom at your mother’s home, you admitted that you owned them but said that you use them for your tool trailer and dirt bike and other vehicles.

7)In relation to the allegation that you had put a tracking device on Ms Norris’s car, you said you were aware of it because she had shown it to you and told you that her ex-partner, Ben Proctor, had put it there.

60You were thereafter remanded in custody and remained in custody throughout the period of charges 2 and 4 on the second indictment.

Charge 2: Persistent Breach of IVO

61I am now turning to the circumstances of charge 2 on the second indictment, which is persistent breach of an intervention order.

62On 23 November 2017 at Ringwood Magistrates’ Court, Victoria Police made an application on behalf of Ms Kristina Norris for an interim intervention order against you.

63You were not present, but you were represented by your lawyer, Ms Balmer. This interim intervention order was granted with nine conditions, including a complete prohibition on contacting Ms Norris, the affected family member, by any means, and a prohibition on you asking any other person to contact, attempt to locate or undertake surveillance of Ms Norris on your behalf. This interim intervention order remained in effect until 31 December 2019. The interim intervention order was served on you at 3:57pm on 23 November 2017.

64You were aware of the interim intervention order and of its conditions, as you were captured discussing it with your mother and your associates in numerous recorded telephone calls made by you from prison.

65During the period of this charge you made direct contact with Ms Norris by telephoning. You did so by using your own prisoner telephone account, as well as that of another prisoner, Rohan Young. In summary, there were:

1)74 telephone conversations initiated by you;

2)46 voicemail messages left by you when your telephone call was not answered by Ms Norris; and

3)206 missed calls, reflecting attempts by you to initiate telephone calls to Ms Norris.

66You also made an arrangement with your mother, Jenni Morrison, whereby at a prearranged time she would divert her home phone number to the mobile number of Ms Norris, so that when you called your mother the phone call would divert to Ms Norris so that you could speak to her directly. This was referred to as ‘flicking’ the phone, and this occurred on at least 86 occasions.

Charge 3: Attempt to Pervert the Course of Justice

67I turn now to the charge of attempting to pervert the course of justice.

68After being remanded on 17 November 2017, there were ongoing court proceedings in respect of the allegations of stalking made by Ms Norris against you.

69Within one week of you being remanded in custody in late November 2017, Ms Norris was contacted by a mutual friend, Andrew Tatum.

70Mr Tatum stated to Ms Norris that he had been in phone contact with you at prison and that he was told by you to contact her about arrangements that needed to be made concerning her car that had been located at your previous address in Bulleen and money that you believed was in her possession and needed to be given to your mother.

71After this initial contact by Mr Tatum to Ms Norris, at your direction, you engaged in a course of conduct to directly maintain contact with Ms Norris by frequent telephone calls. Furthermore, you regularly requested third parties, including your mother, Jenni Morrison, and your friends, Andrew Tatum and Luke Shaw and others, to contact Ms Norris on your behalf.

72This conduct was directly in breach of the interim intervention order and was also in the context of ongoing criminal proceedings in which Ms Norris was a witness against you.

73Your intention was to exert pressure upon Ms Norris to provide a false affidavit or statutory declaration retracting her police statement and recanting allegations she had made against you.

74The ongoing calls from you to Ms Norris involved continuing discussions about the court case and directions by you to Ms Norris about what she needed to do in order to withdraw her statement of complaint.

75The tone and urgency of these calls would escalate as the court date approached and you became more desperate for Ms Norris to retract her witness statement, which you saw as the main impediment to your release from custody.

76You suggested to Ms Norris that she tell police that she had forgotten to take her medication at the time of giving her original statement and that she was not thinking straight.

77On 4 January 2018, you contacted your friend, Andrew Tatum, and gave him specific directions to contact Ms Norris, who you referred to as the ‘Shih Tzu Maltese’. You told Mr Tatum that you could make a bail application ‘but without something from the Maltese’ you were ‘fucked’. You told Mr Tatum to tell Ms Norris to say that she had taken the wrong medication.

78On 8 January 2018, you spoke to your mother. You said Ms Norris had tried to retract her statement, but the police would not listen to her. You told your mother to contact Ms Norris and to make sure she follows up with police. You explained to your mother that if she, Norris, did so, you may not even have to go for bail because the charges may be dropped, and this is what you were trying to organise. You said to your mother that Ms Norris needed to contact your solicitor, Bernie Balmer.

79On 8 January 2018, you spoke to Mr Tatum. You told him police were not listening to Ms Norris when she requested to retract her statement. You told Mr Tatum that he must instruct Ms Norris to organise a ‘motion’ stating that she was taking the wrong medication at the time she gave the original statement to police and that she wants to withdraw that statement. You directed Mr Tatum to make sure the document gets to your solicitors.

80On 10 January 2018, you contacted Ms Norris and told her to retract her statement. You instructed her that she should say she was on the wrong medication on the day she made the statement. You told her she should contact your solicitor and tell them that she wanted to ‘pull the statement’.

81On 26 January 2018, you spoke to Ms Norris and said that you were trying to work out how she can withdraw her police statement without the police threatening to charge her. You asked her what she had written in her ‘paperwork’.

82Ms Norris replied that she wrote that she was, ‘pissed off at the time’ and ‘I wasn’t thinking’. You said, ‘there’s a photo of your Zoloft in my brief … you could say that you left your pills at my joint and you haven’t had em for a couple of days so you weren’t in a sound state of mind … do you understand what I mean’.

83On 16 February 2018, you spoke to Ms Norris and told her you had received legal advice and you needed her to complete a ‘stat dec with four things in it’. You directed her to do a statutory declaration and gave her specific directions about what to write in order to recant her allegations.

84As well as the directions to recant her statement, you also made direct and indirect threats to Ms Norris and regularly alleged that she had either stolen money or other items from you.

85In a conversation between you and Ms Norris on 8 January 2018, Ms Norris says that your associate, Mr Tatum, has threatened to kidnap her dog. You respond, ‘I told him to do whatever the fuck he’s gotta do’.

86In another conversation on 8 January you told her again you had told Mr Tatum ‘to do whatever he fucking had to do’. You said this in response to Ms Norris telling you that Mr Tatum had made further threats to her and had said she should ‘make sure [her] mum and Jack aren’t home’. She took this as a reference to her mother and to her child.

87On 10 January 2018, you told Ms Norris to attend the next court date to retract her statement. She became upset and said that you can’t ‘do that shit that you were doing’, to which you responded, ‘I can do many things from here … I’m pretty industrious’.

88On 14 January 2018, you spoke to a friend, Luke Shaw, about following up with Ms Norris to ensure that she retracted her witness statement against you. You said to Mr Shaw, ‘it just needs to be made clear to her, if she’s happy to keep me in gaol for another three months I’ll never fuckin forgive the girl … and I will turn … cause that’s fucking unacceptable’. You said to Mr Shaw to tell Ms Norris that you would accuse her of perjury and that she will be subpoenaed at her workplace.

89On 16 January 2018, you told Ms Norris that you had just received and read the witness statement she had provided to the police against you. Ms Norris became upset and told you that you were threatening her on a daily basis.

90On 5 February 2018, Ms Norris spoke to you about her earlier visit to you in the prison that day. She referred to you telling her, during that visit, that at your direction Mr Tatum was willing to take action against her to the point that he was ‘prepared to leave [her] son without a mother’.

91In another conversation with Ms Norris on 5 January 2018, she told you about efforts she had undertaken to retract her statement, including obtaining legal representation. You acknowledged that there had been threats against her but said you would never have gone through with them. In this conversation, you confirmed your awareness that Mr Tatum, acting on your behalf, had threatened Ms Norris’s life.

92On 11 February 2018, you spoke to Ms Norris about the police potentially approaching her. She told you she would not consent to speak with police, to which you responded, ‘I don’t give a fuck if you don’t consent, that doesn’t mean it’s not gunna happen. I’m gunna fuck your shit up’.

93On 24 February 2018, you spoke to your mother. You directed your mother to pass on an implied threat to Ms Norris. You told your mother to ‘make it clear that this does not need to go any further … it’s gunna blow up hard core … if Lukey’s ready to roll he’s fuckin had enough … don’t worry about fuckin anything other than getting a result, you know what I mean?’.

94On 25 February 2018, again speaking with your mother, you directed your mother to pass on an implied threat to Ms Norris that ‘it’s going to blow up in her face otherwise other people are gonna get involved and its fucken not gonna be nice’.

95On 26 February 2018, you directed your mother to pass on another implied threat to Ms Norris, that ‘there’s only one thing that needs to happen, you know what that is … is she aware that’s there ready to roll?’ [sic].

96On 6 March 2018, you left Ms Norris a voicemail saying someone you called the ‘Lebanese Cucumber’ was going to come and see her and take her to see his lawyer.

97On 10 March 2018, you left Ms Norris another voicemail saying, ‘I spoke to Az last night and fuckin’ disappointed — don’t tell him what I think. I hate you. You piss me off sometimes. Anyway — now you are avoiding my calls. Catch ya later’.

98On 20 March, you called Ms Norris and demanded to know why she had not been answering your calls and whether she had heard back from her solicitor about trying to retract her statement. You threatened her, saying, ‘You know you’re fucked when I get out of here. I’m gonna fuck your shit up, I was thinking about that the other night. You’re not going to be able to move’. You also told her that you were sending an associate, ‘Benny’, to speak with her in a couple of days.

99In mid-January 2018, Ms Norris was at home when she answered the door to two unknown females. The two females who attended at the address introduced themselves as Justine and Jackie. Justine told Ms Norris that you had asked them to drop off a form for her to complete and to return to your lawyer, Bernie Balmer. Justine said this needed to be done in the next two days. The document provided was a blank affidavit. Justine told Ms Norris that you wanted her to cancel out everything she had previously said to the police. Justine said that when the affidavit was completed and witnessed it could be returned to Justine by email or she could pick it up so that it could be delivered to the lawyer. Justine gave Ms Norris her email address and her phone number.

100Ms Norris did not complete the document and did not contact Justine.

101The identity of Justine and Jackie has never been conclusively established. You claimed to have no knowledge of these two women and to not have explicitly directed their contact with Ms Norris.

102After some evidence from the informant at the plea hearing, and then some discussion between the parties, the agreed position between you and the prosecution on this issue was that you admit that you directed third parties to approach Ms Norris and you acknowledge that the two women must have approached Ms Norris on your behalf, having been directed to do so by some other person, but it remains your position you had no direct knowledge of the two women and did not give them explicit directions about their attendance and their conduct. You will be sentenced on this agreed factual basis in respect of this aspect of charge 3.

103Returning now to the circumstances of charge 3, you became increasingly frustrated with the perceived lack of action on the part of Ms Norris to retract her statement, especially at times when court dates were approaching.

104At these times, you would escalate the frequency with which you contacted her, even if she refused to answer your calls. The pattern of missed calls created pressure on Ms Norris, who received a notification on her phone of each missed call:

1)Between 21 and 22 February 2018, there were 26 missed calls received by Ms Norris from you, between 6:18pm and 12:03am.

2)On 20 March 2018 between 5:27pm and 6:10pm, there were 12 missed calls received by Ms Norris. In the midst of this flurry of missed calls, Ms Norris answered a call at 6:05pm and said, ‘can you stop calling over and over and over?’.

3)Between 20 March 2018 at 6:21pm and 27 March 2018 at 6:43pm, there were 49 missed calls received by Ms Norris from you.

4)Between 29 March at 3:14pm and 15 April 2018, there were 71 missed calls received by Ms Norris from you. This included a number of voicemail messages left by you, which clearly indicated your frustration and anger was increasing at the lack of response.

105On 27 March 2018, Ms Norris attended at the Box Hill police station to make a statement concerning the ongoing contact she had received from you and other third parties on your behalf.

106On 17 May 2018, police executed a search warrant on Corrections Victoria Intelligence Unit and obtained a DVD containing phone call recordings made by you from your own prison phone account.

107From the Call Activity Report, it can be established that:

1)   between 7 December 2017 and 7 May 2018, you made a total of 524 calls from your own account;

2)   you called Ms Norris’s mobile directly a total of 27 times;

3)   you called your mother, Jenni Morrison, on her home phone number a total of 279 times, and this included the 86 times that she diverted her phone to Ms Norris’s mobile;

4)   you called your mother, Jenni Morrison, on her mobile a total of 14 times;

5)   you contacted your friend, Mr Tatum, on his mobile a total of 70 times; and

6)   you contacted your friend, Mr Shaw, on his mobile a total of 61 times.

108On 26 June 2018, police executed a search warrant on Corrections Victoria Intelligence Unit and obtained a DVD containing phone call recordings made by you using the prison phone account of your fellow prisoner, Rohan Young.

109From the Call Activity Report for Mr Young’s prison phone account, it has been established that:

1)   between 8 and 9 January 2018, there were two calls made to Ms Norris’s mobile phone; and

2)   between 26 January and 16 April 2018, there were 239 calls made directly to Ms Norris‘s mobile phone.

110These calls are relevant to both charges 2 and 3 on the second indictment and I annex the schedules of the particulars of each offence to these sentencing remarks.

111You pleaded guilty to the charges on the second indictment on 9 September 2019. The trial on these charges was listed to commence in this court on 6 September 2019, but discussions between the parties on that day led to a resolution and the trial date was vacated.

112You pleaded guilty to the charges on the first indictment on 28 October 2019. The trial on these charges was listed to commence on 25 October 2019. Again, discussions between the parties on that day led to resolution and the trial date was vacated.

113You also indicated a preparedness to plead guilty to the related summary offences at around the same time you were arraigned on the indictable matters.

114When this matter was listed before me for plea, it was envisaged that there would be some contested factual matters. The informant did give some evidence on the plea but eventually all factual matters were finally resolved in discussions between the parties and without the need for me to make any factual findings. Accordingly, I do not consider the plea to have been a contested one.

115Your plea of guilty is not an early one, but it has saved the victim, the witnesses and the community the cost and trauma of a trial, or trials in this case. By virtue of your plea, you acknowledge your criminal responsibility for your actions and I am also prepared to find it is indicative of some remorse on your part.

116Ms Norris has made a victim impact statement. She says she is still affected by your offending. She says she suffers constant debilitating anxiety and trusts no one. She says that she regrets letting you into her life and that her mother and her son have also suffered as a result of your offending and she feels guilty about this.

117She says your incessant intrusion into her life caused her to lose friends and to lose her job. She also had to leave her home and change her son’s school to get away from you. Your offending has caused her ongoing financial hardship because of the loss of her employment and the expense associated with relocation.

CRIMINAL HISTORY

118You have a criminal history. It consists of a single appearance in this court before Judge Wilmoth, who sentenced you on 14 December 2015.

119It is a relevant and serious prior conviction. I intend to canvass it in some detail in these sentencing remarks. I also intend to have Judge Wilmoth’s sentence annexed to these sentencing remarks.

120Before Judge Wilmoth, you pleaded guilty to three charges of stalking, three charges of criminal damage, two charges of persistent contravention of a family violence order, and one charge of reckless conduct endangering serious injury.

121You also pleaded guilty to a number of related summary offences, including two charges of harass witness, breaching bail conditions, committing offences while on bail, and possess ammunition.

122Your offending began in August 2014 in the context of the breakdown of a relationship with your then partner, Sally Lea. You stalked both Ms Lea and her new partner, Craig Philips.[5] You contacted both of them repeatedly and damaged both their cars. Both Ms Lea and Mr Philips obtained interim intervention orders against you, but you continued to harass both of them.

[5] A pseudonym.

123Your continued harassment of Ms Lea resulted in her agreeing to meet with you in an attempt to placate you, and in her agreeing to tell police that she did not wish to go ahead with the intervention order or the criminal charges against you.

124The intervention order against you nevertheless went ahead in respect of both Ms Lea and Mr Philips and you were bailed to attend the Magistrates’ Court on 21 August 2014.

125On 20 and 21 August 2014, you made numerous telephone calls to Mr Philips, telling him not to involve himself. These calls give rise to the charges of harass a witness. There was also a threatening phone call to Ms Lea which came from your phone.

126A full interim intervention order on behalf of Ms Lea and Mr Philips was made on 21 October 2014 until the scheduled final hearing on 7 November 2014.

127Again, notwithstanding these orders, you continued to contact both Ms Lea and Mr Philips, making offensive and threatening remarks. Your conduct included repeated calls to Ms Lea’s workplace. In one call, you told her you would put Mr Philips in a wheelchair and told her she would be raped, not by you, but by others.

128The full final intervention orders were made on 7 November 2014, but your offending continued when in January 2015 you registered an eBay account and began following the eBay profiles of both Ms Lea and Mr Philips.

129You made repeated attempts to contact Ms Lea via eBay, trying to conceal your identity in an attempt to discover her residential address.

130In 2015, you attached a GPS tracking device under Ms Lea’s car. On 8 February 2015, you poured hydrochloric acid into the fuel tank of Ms Lea’s car. Her car broke down and was taken to a repair shop. When the mechanic disconnected the fuel line, the acid splashed into his eye. He sustained a mild chemical injury, but the accident had the potential to cause a very serious injury with the loss of sight. This was the basis of the charge of reckless conduct endangering serious injury.

131You were sentenced to a total effective sentence of 27 months’ imprisonment with a non-parole period of 16 months’ imprisonment.

132Similarities between this offending and the offending for which you now fall to be sentenced on the second indictment are obvious and hardly require elaboration. In each case, the breakdown of the relationship with your partner has set you on a sustained course of threatening, vindictive and menacing behaviour. In each case, you repeatedly breached court orders aimed at protecting your victims and bail restrictions imposed upon you.

PERSONAL CIRCUMSTANCES

133I turn now to your personal circumstances.

134A psychological report by Jeffrey Cummins, clinical and forensic psychologist, was tendered on your behalf at plea. You spoke with Mr Cummins on 3 February 2020 from custody.

135You spoke in some detail with Mr Cummins about your background and your current circumstances, and I refer to Mr Cummins’ report in outlining your personal circumstances.

136You were born in Bendigo on 28 May 1984. You were therefore 35, almost 36 years of age.

137Your parents separated when you were very young, and at age five you moved to live with your mother, your twin sister and your younger brother in Melbourne. Your mother remarried when you were 11 years old.

138You have had no ongoing contact with your biological father.

139The family was a stable and caring environment. You reported to Mr Cummins that you were never the victim of physical violence within the family, you never witnessed domestic violence, and you have never been sexually abused.

140You attended various primary schools before the family moved to Warrandyte, where you attended Warrandyte High School, completing year 11. You also attended the Box Hill TAFE where you studied carpentry, although you did not complete your trade certificate. You nevertheless secured a plastering/carpentry apprenticeship and you completed two and a half years of this apprenticeship.

141You relocated to Queensland at around the age of 22, where you established your own plastering ceiling installation business, before returning to Victoria in around 2011/2012 when you were around 26–7 years of age. You began working with your brother in the construction and installation of school playground equipment. You became a distributor of playground equipment. You and your brother won a contract to install a water park at a holiday park, but this venture was not successful and got you into financial difficulties. This caused you considerable stress. After this, you worked in the construction industry.

142You were in a relationship with a woman called Amanda for two and a half years, before you relocated to Queensland. In Queensland, you met your partner, Cyndi, with whom you have a son, Archie, who was born in February 2008. You ended your relationship with Cyndi when Archie was around 18 months old. You told Mr Cummins that this was because Cyndi was suffering post-natal depression. You had sole custody of Archie for some time after the separation. There was then a period of shared custody.

143Prior to being in custody for this offending, you were having regular contact with your son.

144You told Mr Cummins that you then dated Ms Lea for around three years. You told Mr Cummins that Ms Lea was always requesting financial assistance from you.

145You then spoke about your relationship with Ms Norris. You told Mr Cummins that she, like you, was a regular user of methamphetamine.

146You told Mr Cummins that alcohol had never been a significant problem for you. You told Mr Cummins that you had used cannabis recreationally from around the age of 16. You said that you had also experimented with methamphetamine in your teenage years. You told him that when you began experiencing financial difficulties after the failed construction venture with your brother, in around March 2014, you began smoking methamphetamine again and, from this time, your use of this drug increased and became problematic. You said you were smoking methamphetamine when you offended against Ms Lea. You stopped when incarcerated but resumed using it again in around March/April 2017 until your most recent arrest. You told Mr Cummins you were using up to 2 g a day, and you told him that you believed your drug use was relevant to your offending.

147You told Mr Cummins that, with the exception of an attendance upon a psychiatrist in Queensland when your then-partner Cyndi was diagnosed with postnatal depression, you had never been diagnosed or treated for mental health issues. This includes your time in custody.

148In December 2018, a fellow inmate with whom you were close committed suicide. This has been traumatic for you, as you believe your fellow inmate tried to talk to you about his problems and that you failed to respond to what he was trying to tell you. You are also still housed in the cell opposite his where he took his life.

149Mr Cummins regarded you as being average, most likely high average, intelligence. He concluded that your level of insight into your offending, both past and present, was limited. He was of the view that you required mental health treatment in order to assist you to understand the seriousness of your conduct and that you would benefit from participating in an anger management program to reduce your risk of reoffending.

150Mr Cummins was of the opinion that you were suffering an adjustment disorder, mixed anxiety and depressed moods, and the symptoms of a persistent complex bereavement disorder, all of which were in response to you being held in custody, and the latter in response to the suicide of your fellow inmate.

151Your counsel, Mr Terry, who appeared on your behalf, did not submit that there was any application of Verdins principles in your case,[6] but I do take into account your mental health difficulties generally when assessing the effects of imprisonment upon you.

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

152I will also take into account the impact of COVID-19 and the risk it poses to you as a prisoner. I do so in the following ways. First, that the threat posed by an outbreak of COVID-19 in the prison system is a cause of additional anxiety and uncertainty. Secondly, the lack of prison visits, work opportunities and reduced run-out time increases the burden of imprisonment. Thirdly, the likelihood of further restrictive measures taken by Corrections Victoria will increase both the hardship of your sentence and your anxiety about such measures. Finally, I take into account your increased anxiety about the welfare of your parents that you will experience in custody.

153When you spoke to Mr Cummins, you were optimistic that you could turn your life around and get off drugs and work. You do have a good work history and a good work ethic.

154Tendered at the plea were certificates for courses you have undertaken in custody to address your drug addiction, as well as the results of urine tests conducted in custody in which drugs and alcohol were not detected. There was also material tendered upon your plea on your behalf, which demonstrated that you have taken up educational and work opportunities in custody.

155Character references were also tendered on your behalf.

156David Peake, Anglican priest, says he has known you, your mother and your stepfather for many years. He says he has observed you to be a dedicated father to your son.

157Cyndi-Lee Westbrook says that she has been your friend for 13 years. Ms Westbrook knew you in Queensland before your drug use became problematic. She says in Queensland you ran a successful company and were a dedicated father to your son and a responsible member of the community.

GRAVITY OF OFFENDING

158I turn now to the gravity of your offending.

159I regard the offending on both indictments as objectively very serious.

160In respect of charge 2 on the first indictment, you were a prohibited person from possessing a firearm for many reasons. You had committed relevant offences within the last five years, you were on parole for these offences, and you were subject to an intervention order in respect of the victim of those offences.

161Charge 1 on the first indictment, the shooting incident, occurred in the context of your drug trafficking. You were not the instigator. Indeed, the CCTV footage substantiated what you told Ms Norris — that you were the target of a drug related burglary — but it was you and your associate who armed yourselves and fired multiple shots.

162Notwithstanding that you told Ms Norris that you believed you had shot one of the would-be intruders in the knee, there is no evidence that this in fact occurred, and I make it clear that you are not sentenced on the basis that you caused any injury.

163Furthermore, although the shooting took place in an area that was frequented by members of the public, you have not been charged with any offence of occasioning the risk of death or serious injury, and I do not therefore aggravate the gravity of your offending by taking into account the risk of death or serious injury to any member of the public.

164I do, however, take into account the fact that this offending took place in a public setting in my assessment of the gravity of the offending in its overall context. Members of the community must be able to go about their day-to-day lives in peace and safety without the eruption of serious and violent criminal conduct on their streets and in their neighbourhoods. The objective gravity of your conduct is aggravated by its occurrence in a public setting to this extent.

165Further, this offence occurred while you were on parole, and this is an aggravating circumstance.

166The effect of s 16 of the Sentencing Act 1991 (Vic) is that the presumption of concurrency is displaced and does not apply to a term of imprisonment imposed on an offence committed while under a parole order.

167This offence was committed by you in company, and this is another aggravating aspect to the offence.

168Being charged with both the possession and use of the same prohibited firearm, the sawn-off rifle, I must be careful to avoid double punishment. Consequently, I do not elevate the seriousness of the charge of possession of the firearm by reference to the shooting incident.

169However, in my view, it can be inferred that you had the firearm in conjunction with your unlawful drug dealing business as a means of security and enforcement, and that criminal context elevates the seriousness of the charge of possession of the firearm.

170Apart from this, there is little that can be established about your trafficking except the drugs and the amounts seized, which were not insignificant. I accept the submission of Mr Terry, your counsel, that you trafficked to support your own drug habit.

171In respect of charge 6, the possession of the 1,4-butanediol, I am not satisfied on the balance of probabilities that your possession of this drug was unrelated to trafficking. You have no history of using this drug. You were trafficking in many substances and I find this was one of them.

172Charge 7 is different. I accept that this was a small quantity of cannabis for personal use only.

173I now turn to the second indictment.

174This represents the second time that, upon the breakdown of a relationship, you have subjected your former partner to a sustained course of harassment and coercion.

175Your offending against Ms Norris began only months after you had completed the parole component of a sentence imposed by Judge Wilmoth.

176It seems you had gained no insight into your behaviour, not even after just having been through the criminal justice system and imprisoned for the first time in your life.

177Your offending against Ms Norris was identical in some respects to your offending against Ms Lea.

178In both cases, you placed a GPS tracking device under the victim’s car with the intention to track her whereabouts. Mr Terry submitted that in fact the device was not the means whereby you were able to locate Ms Norris but, whether or not that was the case, it does nothing to mitigate the seriousness of your offending. You had some means of finding her when, on the occasions which make up the charge, you discovered her whereabouts.

179On the occasion when you went to her workplace and then followed her to a Coles car park, your behaviour to her was threatening and intimidating. You made an implied threat against her mother and her son.

180This offending occurred when you were on bail for charges 2 to 8 on the first indictment and had been released on bail by the Supreme Court only around three months earlier. It is yet another example of your complete disregard for court orders. It is an aggravating circumstance of this charge and, again, the effect of s 16 of the Sentencing Act 1991 (Vic) is that the presumption of concurrency is displaced for offences committed whilst on bail.

181It was after this incident at her workplace, and then at the Coles car park on 14 November 2017, that Ms Norris went to the police and you were remanded on 17 November 2017. An interim intervention order was made on her behalf against you on 23 November 2017. Neither your incarceration nor the presence of the intervention order deterred you. You repeatedly contacted Ms Norris from prison and enlisted others to help you, including your mother. Your behaviour culminated in what I regard as the most serious of the charges for which you are to be sentenced, and that is the charge of attempt to pervert the course of justice.

182After the plea hearing, I invited the parties to provide written submissions on the Court of Appeal decisions of Director of Public Prosecutions (Vic) v Oksuz[7] and Tognolini v The Queen.[8] I was not referred to these cases at the plea but thereafter sought submissions about the relevance of these decisions as comparator cases. I have received submissions from the parties and have considered those submissions.

[7](2015) 47 VR 731 (‘Oksuz’).

[8](2011) 32 VR 104 (‘Tognolini’).

183Tognolini was an appeal against conviction and sentence by an offender in respect of convictions for offences of child sex abuse and a charge of attempting to pervert the course of justice. On the charge of attempting to pervert the course of justice, the appellant had been sentenced to six years by the trial judge. He had arranged for two young girls who frequented his house to attend his solicitor’s office and to depose a false affidavit, deposing that the girls who had made allegations of sexual misbehaviour against him were liars. These affidavits were untrue and afterwards he gave the girls drugs and money. On appeal, this sentence was reduced to four years. The circumstances of this case are quite different from your offending and its aggravating features, as I see them, the use of underage girls and their payment in drugs are quite different to the circumstances of your case.

184Oksuz is a more relevant case. Oksuz was a Director’s appeal against sentence. It included an appeal against a sentence for attempting to pervert the course of justice, for which the appellant received a sentence of six months, which was described by the Court of Appeal as derisory and for which the appellant was re-sentenced by the Court of Appeal to a sentence of four years’ imprisonment.

185Mr Oksuz had a sustained criminal history with around 60 prior convictions. He was in custody for offences arising out of threats made to a man called Frank Fusca in an attempt to enforce a drug debt. This culminated when the appellant’s co-offender shot a man associated with Mr Fusca. From gaol, the appellant tried to get Mr Fusca to change his evidence and to adopt a statement that he, the appellant, had written himself and which exonerated him. There are many similarities between that case and your offending, in that the conduct occurred in custody, the duration was some weeks, the person against whom the conduct was directed was the person who had been impacted by the original offending, the offender recruited others to assist him, and he directed that a false statement be provided and gave directions about the content of that statement. I do, however, agree with the submissions made by both parties that the offending in the case of Oksuz was more serious than in your case, given that the victim in that case, Mr Fusca, had been the victim of actual violence and that from gaol there were direct and credible threats made to stab Mr Fusca’s son, who was in gaol with the appellant at the time.

186Comparator cases are, in any event, of limited assistance and do not establish current sentencing practices. I must sentence you for your offending. Attempting to pervert the course of justice is invariably a serious offence. It carries a maximum penalty of 25 years’ imprisonment. It strikes at the heart of the administration of justice. I regard your offending as a serious example of the offence. It occurred while you were in custody and recruited others to assist you. It was directed at getting Ms Norris to change her evidence and you provided her with the details of what she was to say. It involved a number of direct threats made to her, concerning both herself and her family. There was a threat to have her charged with perjury and to have her humiliated by having her subpoenaed at her workplace.

187It was a sustained campaign of intimidation and threats to get Ms Norris to do your bidding. I consider the fact that, at one point, Ms Norris herself was minded to retract her statement in no way mitigates your conduct. It is not uncommon for women subject to the kind of abuse that Ms Norris endured from a partner or ex-partner to behave precisely in this way.

APPLICATION OF SENTENCING PRINCIPLES

188I now turn to the application of relevant sentencing principles.

189In addition to specifying matters to which I must have regard in arriving at an appropriate sentence, the Sentencing Act 1991 (Vic) prescribes the purposes, indeed, the only purposes for which a sentence may be imposed. These are just punishment, deterrence, rehabilitation, denunciation, and protection of the community. A custodial sentence must only be imposed as a last resort.

190I must take into account the effect your crime has had on your victim, and I must have regard to current sentencing practices and to maximum penalties.

191It is intolerable for people to behave the way you did in response to a relationship breakdown or to disagreement or conflict within a relationship. Denunciation and general deterrence are important sentencing considerations and, in your case, specific deterrence looms large.

192General deterrence and denunciation are also the paramount sentencing considerations in respect of your offending on the first indictment. I have already in these remarks canvassed the reasons your possession and use of a firearm in conjunction with drug trafficking was such egregious offending. This sentence I impose must deter others who would behave as you did.

193I am guarded about your prospects of rehabilitation.

194On the positive side, you have a good work ethic and you have the support of your family, although unfortunately your mother involved herself in your offending by helping you contact Ms Norris from gaol. I was told she was dealt with in the Magistrates’ Court for her role in assisting you. She can therefore hardly be regarded as someone who will promote your rehabilitation.

195On the negative side, there is your past offending and your repetition of the same type of behaviour so soon afterwards.

196There is the ongoing nature of the offending for which you fall to be sentenced, and there is the, thus far, complete disdain and disregard you have for court orders of any type.

197You must also address your drug addiction, and this will require, in my view, some significant interventions.

198By virtue of your plea, I accept that you have shown some remorse but, in my view, Mr Cummins was correct in opining that you lacked insight into your behaviour and, although you expressed regret, you had not reached a stage of having developed an appropriate level of remorse. My finding of remorse on your part is therefore highly qualified.

199Your counsel, Mr Terry, submitted that a sentence of imprisonment combined with a community correction order was within range. I decline to have you assessed for a community correction order. Your offending is simply too serious.

200The prosecution submitted that a term of imprisonment consisting of a head sentence and the imposition of a non-parole period was the only appropriate disposition. I agree.

201Mr Terry’s alternative submission was that the non-parole period should not significantly exceed the time already spent on remand.

202I do, however, intend to sentence you to a term of imprisonment, the non-parole period of which will require you to spend a further period of time in custody.

203Mr Morrison, I now intend to impose sentence. You are convicted on all charges. On Indictment 1:

1)On charge 1, prohibited person use firearm, you are sentenced to three years’ imprisonment.

2)On charge 2, prohibited person possess firearm, you are sentenced to two years’ imprisonment.

3)On charge 3, unlicensed person store cartridge ammunition, you are sentenced to one months’ imprisonment.

4)On charge 4 of trafficking, six months’ imprisonment.

5)On charge 5 of trafficking, six months’ imprisonment.

6)On charge 6, possession of a drug of dependence, one months’ imprisonment.

7)On charge 7, you are convicted and discharged.

8)On charge 8, you are sentenced to 14 days’ imprisonment.

204On the second indictment:

1)On charge 1, stalking, 15 months’ imprisonment.

2)On charge 2, persistent contravention of a family violence order, six months’ imprisonment.

3)On charge 3, attempting to pervert the course of justice, three years and three months’ imprisonment.

205In respect of the summary charges related to the first indictment:

1)On charge 6, possess cartridge ammunition, you are fined $200.

2)On charge 14, possess prohibited weapon, one months’ imprisonment.

3)On charge 20, possess controlled weapon, one months’ imprisonment.

206On the summary offences which are related to the second indictment:

1)On charge 3, use an unregistered motor vehicle, you are fined $200.

2)On charge 6, commit an indictable offence while on bail, seven days’ imprisonment.

3)On charge 7, possess cartridge ammunition, you are fined $200.

4)On charge 8, fraudulently use or alter licence plate, seven days’ imprisonment.

5)On charge 9, contravention of conditions of bail, seven days’ imprisonment.

207The charge of attempt to pervert the course of justice (charge 2) is the base charge. I make the following orders for cumulation, and this is on Indictment 1:

1)On charge 1, which is use a firearm, I cumulate one year of that sentence.

2)On charge 2, possess a firearm, I cumulate six months of that sentence.

3)On charge 4, trafficking in a drug of dependence, I cumulate two months of that sentence.

208On the second indictment, I make orders for cumulation in respect of the indictable matters, charges 1 and 2:

1)On the charge of stalking, I make an order of cumulation of six months.

2)On charge 2, the persistent breach of the intervention order, I make an order of cumulation of two months.

209All other charges are to be served concurrently. On my calculation, that is a head sentence of five years and seven months. I direct that you serve four years before you are eligible to serve parole.

210Pursuant to s 6AAA of the Sentencing Act 1991 (Vic), had you not pleaded guilty, you would have been sentenced to a total effective sentence of seven years and six months with a non-parole period of six years. You were in custody between 4 July 2017 and 25 August 2017, so that was 49 days prior to the granting of bail in the Supreme Court. You were further remanded on 17 November 2017 and you have been in custody since that time. I declare, pursuant to s 18 of the Sentencing Act 1991 (Vic), that you have therefore served 936 days of pre-sentence detention up to and not including today.

- - -

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR 15-01258

DIRECTOR OF PUBLIC PROSECUTIONS

v

DALE MORRISON

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JUDGE:	HER HONOUR JUDGE WILMOTH
WHERE HELD:	Melbourne
DATE OF HEARING:	4 December 2015
DATE OF SENTENCE:	14 December 2015
CASE MAY BE CITED AS:	DPP v Morrison
MEDIUM NEUTRAL CITATION:	[2015] VCC 1922

REASONS FOR SENTENCE

Catchwords: Pleas of guilty to three charges of stalking, three charges of criminal damage, two charges of persistent contravention of F V Intervention Order, one charge of reckless conduct endangering serious injury and summary charges – break-down of relationship – use of “ice” – repeated behaviour after initial arrest and bail – serious impact on victims. 

Legislation Cited: Sentencing Act 1991     

Sentence: 27 months with non-parole period of 16 months. (S.6AAA – 3 years with npp 2 years.)

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr G. Slim	OPP
For the Offender	Mr A. Halphen	Stary Norton Halphen

1HER HONOUR:  Dale Morrison, you have pleaded guilty to three charges of stalking, three charges of criminal damage, two charges of persistent contravention of a family violence intervention order and one charge of reckless conduct endangering serious injury. 

2Charges 1‑5 relate to offending in August 2014 and charges 6‑9 relate to offending in January and February 2015 when you were on bail for the first set of offences. 

3You have agreed to the uplifting of a number of related summary charges. 

4Charges 15 and 51 are charges of harass a witness and charges 43 and 50 are charges of breaching bail by contravening its conditions.  These all occurred in August 2014. 

5Charge 9, committing offences while on bail, and charge 35, possess ammunition, occurred in January and February 2015. 

6I will be sentencing you to a further period of several months in prison before being eligible for parole.  I will not be imposing a community corrections order for reasons which I will explain later in these sentencing remarks. 

7All the offending occurred in the context of the breakdown of your de facto relationship with Sally Lea in 2014.  Immediately following the breakdown, on becoming aware of Ms Lea’s new relationship with Craig Philips, you reacted by stalking them separately, by telephoning them both in a harassing manner and by the perpetration of serious criminal acts. 

Details of the offending in August 2014

8The first offending occurred over two days, 15 and 16 August 2014, resulting in the first four charges on the indictment.  They are the two charges of stalking Ms Lea and Mr Philips and the two charges of criminal damage of their respective cars. 

9On Friday 15 August throughout the day you called Ms Lea’s mobile phone 29 times and sent her 30 text messages.  You were using a phone listed in your name and you continued to use this phone until 20 August, when two other phones were used to call the victims.  Many of the messages you left were clearly from you and it is not suggested that it was not you, or someone on your behalf, using those phones to contact the victims. 

10Late on 15 August you drove to Mr Philips’ house, where Ms Lea's car was parked behind Mr Philips' car in the street outside.  You looked into the bedroom of the house and saw them having sex.  You called Ms Lea and left two messages on her phone.  One saying "not even a week, not even a fucking week".  The other message was "I'm going to kill him". 

11Soon after midnight you deliberately reversed your car into Mr Philips’ car, forcing it backwards into the front of Ms Lea's car, causing substantial damage to both cars.  From inside Mr Philips and Ms Lea heard you call out "you're a fucking slut, Sally". 

12That day the police obtained intervention orders in respect of Mr Philips and Ms Lea which were served on you on 18 August. 

13In the meantime you had continued to call Ms Lea frequently and send her frequent text messages, the theme being her relationship with Mr Philips. 

14You posted offensive messages on Ms Lea's Facebook page and managed to change her password so she could not remove the posts which were observed by members of her family. 

15You pursued Mr Philips in similar ways to the extent that he became so fearful that he stayed away from his own home. 

16The continued harassment of Ms Lea resulted in her agreeing to meet with you in an attempt to stop it.  She spent the afternoon of 17 August at your home and stayed that night. 

17The next morning police attended to serve the intervention order.  You asked Ms Lea to answer the door and tell the police she did not want to go ahead with the charges or the intervention order, which she did.  However you were arrested and taken to the police station to be interviewed about the criminal damage and the threats. 

18You denied the charges, saying you were at home at the relevant time, as was your car, and said you could not recall sending the two initial text messages. 

19You were not charged but the intervention order complaint went ahead and you were bailed to appear in the Magistrates' Court on 21 August.  The bail conditions were the same as for a full intervention order. 

20Late on the night of the 20th and into the early hours of the 21st of August Mr Philips received numerous phone calls, one of which he answered and was told by the male caller not to involve himself "in tomorrow".  When Mr Philips said he would call the police the caller told him "you need to listen to what I'm fucking telling you".  It was later established that all these calls came from your phone.  Those events give rise to summary charges 15, harassing the witness Mr Philips, and charge 50, contravening the bail conditions in relation to contacting and harassing Mr Philips. 

21A phone call was made a few minutes later to Ms Lea in which the male caller told her that "nothing better go on tomorrow" and made other comments in the nature of a threat.  Ms Lea notified the police and provided them with the number of the phone from which the call had come, which was your phone. 

22You went to court on 21 August and the magistrate made full interim intervention orders in respect of both victims and explained them to you.  They were adjourned for final hearing on 7 November. 

23Despite those orders you continued to contact Ms Lea and Mr Philips, making offensive and threatening remarks, of which the following is a summary. 

24On the night of the 21st you continued to ring Ms Lea's phone and the following day she bought a new one with a new number which she only disclosed to four people. 

25That weekend she and Mr Philips went away for the weekend and you continued to call her old phone and that of Mr Philips.  In messages you left for Mr Philips you threatened to harm his dog. 

26The following Monday morning, the 25th, you rang Ms Lea's workplace and pretended to be Mr Philips so the call was put through to Ms Lea and she terminated it as soon as she heard your voice.  You then emailed her with some type of threat as to the sheriff coming to her workplace.  During the rest of that day and evening you rang her new phone number 26 times and sent a text message.  It was never determined how you obtained it.  Using your other phone you rang her a further 15 times that evening. 

27That afternoon you waited for her at the Camberwell railway station knowing that she would be travelling by train because her car was damaged.  You engaged her in conversation and said you were going to kill yourself.  She repeatedly told you to leave her alone and eventually you left. 

28Later that evening you sent her a text message saying you were going to devote your life to giving her what she deserved. 

29Late that night Mr Philips was also telephoned by the previous night's caller using your phone. 

30You continued to contact Ms Lea the next day, 26 August, by phone and email.  In one call you told her Craig was going to end up in a wheelchair and she was going to be raped, not by you but by others. 

31You continued such contact on 27 and 28 August, making veiled threats to Mr Philips’ safety in one of them.  Ms Lea asked you to leave her alone. 

32Following further statements to the police by Ms Lea and Mr Philips you were again arrested and interviewed.  You justified those actions and you admitted and denied others claiming Ms Lea was making the allegation in order to get money from you. 

33You were remanded in custody from 28 August to 26 September 2014. 

34Finally intervention orders were made on 7 November 2014 and you were served with them on 18 December. 

Details of the offending in 2015

35On 2 January 2015 you registered an eBay account and began to follow the eBay profiles of Ms Lea and Mr Philips. 

36On 23 January you put a SIM card into a GPS tracking device and using Ms Lea's email account and her personal details you registered that SIM card.  You then registered a second SIM card using her details, attaching your own phone number for a secondary mobile phone you were using.  You then commenced what I shall call the second series of offences. 

37On 29 January you contacted the Environment Protection Authority and reported Ms Lea for allegedly throwing a cigarette butt from her car on to the road the previous day. 

38Between 31 January and 2 February you sent text messages to Ms Lea using your secondary phone, pretending to be interested in purchasing furniture that she had listed on eBay.  You sent 12 messages to her in an attempt to ascertain her residential address.  Ms Lea recognised your writing style and ceased contact. 

39On the same day you used your eBay account to contact her nine times, and again she recognised that it was you. 

40On 4 February you followed Ms Lea from her work to her home and while the car she was driving was parked there you attached the tracking device to the underside of the car. 

41Over the next few days you used your personal mobile phone and your secondary mobile phone to communicate with the tracking device on 112 occasions.  In this way you established Ms Lea's whereabouts at Mr Philips’ home. 

42The communications and tracking between 26 January and 8 February make up charges 6 and 7, stalking Ms Lea and persistent contravention of a family violence intervention order. 

43Further contact which you maintained after that date until 18 February comprises the other instances of charges 6 and 7, to which I shall return shortly. 

44In the early hours of 8 February you located Ms Lea's car, prised open the fuel flap and poured hydrochloric acid into the fuel tank.  At 8 am that morning Ms Lea started her car and drove a short distance before the car broke down.  This gives rise to charge 8, criminal damage. 

45The car was taken to a repair shop where a mechanic, Wayne Nunis, began to work on it.  He disconnected the fuel line and some hydrochloric acid splashed into his eye.  He flushed his eye but over the next few days it continued to be painful and swollen and he had blurred vision.  He went to the Eye and Ear Hospital where he was diagnosed with a mild chemical eye injury, fortunately with no residual corneal or conjunctival scarring and with a likelihood that he will not suffer any long‑term problems.  Medical opinion is that the incident had the potential to cause a very severe injury with loss of sight. 

46Police attended the repair shop and took samples of the liquid which was tested and found to be hydrochloric acid.  Later the tracking device was found on Ms Lea's car, but initially it was suspected to be an improvised explosive device and the bomb response unit attended to dismantle it.  These events give rise to charge 9, reckless conduct endangering serious injury. 

EX 55
4/3/18	14:58	XXXXX XXX	Kristina NORRIS	3151 EX 55	UNANSWERED CALL TO KN
4/3/18	15:06	XXXXX XXX	Kristina NORRIS	3152 EX 55	UNANSWERED CALL TO KN
4/3/18	17:41	XXXXX XXX	Kristina NORRIS	3153 EX 55	UNANSWERED CALL TO KN
4/3/18	17:42	XXXXX XXX	Kristina NORRIS	3154 EX 55	VOICEMAIL (DM)
6/3/18	12:59	XXXXX XXX	Kristina NORRIS	3155 EX 55	VOICEMAIL (DM)
7/3/18	08:27	XXXXX XXX	Kristina NORRIS	3156 EX 55	DIRECT CONVERSATION
7/3/18	08:57	XXXXX XXX	Kristina NORRIS	3172 EX 55	UNANSWERED CALL TO KN
7/3/18	18:12	XXXXX XXX	Kristina NORRIS	3173 EX 55	DIRECT CONVERSATION
7/3/18	18:52	XXXXX XXX	Kristina NORRIS	3193 EX 55	UNANSWERED CALL TO KN
7/3/18	18:52	XXXXX XXX	Kristina NORRIS	3194 EX 55	UNANSWERED CALL TO KN
8/3/18	09:41	XXXXX XXX	Kristina NORRIS	3195 EX 55	UNANSWERED CALL TO KN
8/3/18	09:41	XXXXX XXX	Kristina NORRIS	3196 EX 55	UNANSWERED CALL TO KN
8/3/18	12:11	XXXXX XXX	Kristina NORRIS	3197 EX 55	VOICEMAIL (DM)
9/3/18	08:38	XXXXX XXX	Kristina NORRIS	3198 EX 55	DIRECT CONVERSATION
9/3/18	19:09	XXXXX XXX	Kristina NORRIS	3205 EX 55	VOICEMAIL (DM)
10/3/18	08:38	XXXXX XXX	Kristina NORRIS	3206 EX 55	VOICEMAIL (DM)
10/3/18	18:00	XXXXX XXX	Kristina NORRIS	3208 EX 55	DIRECT CONVERSATION
10/3/18	18:06	XXXXX XXX	Kristina NORRIS	3212 EX 55	DIRECT CONVERSATION
11/3/18	11:10	XXXXX XXX	Kristina NORRIS	3230	DIRECT CONVERSATION

EX 55
12/3/18	16:16	XXXXX XXX	Kristina NORRIS	3233 EX 55	DIRECT CONVERSATION
17/3/18	08:35	XXXXX XXX	Kristina NORRIS	3235 EX 55	DIRECT CONVERSATION
18/3/18	11:20	XXXXX XXX	Kristina NORRIS	3241 EX 55	DIRECT CONVERSATION
19/3/18	08:43	XXXXX XXX	Kristina NORRIS	3245 EX 55	UNANSWERED CALL TO KN
19/3/18	18:02	XXXXX XXX	Kristina NORRIS	3246 EX 55	VOICEMAIL (DM)
19/3/18	19:19	XXXXX XXX	Kristina NORRIS	3247 EX 55	VOICEMAIL (DM)
20/3/18	08:35	XXXXX XXX	Kristina NORRIS	3249 EX 55	VOICEMAIL (DM)
20/3/18	13:37	XXXXX XXX	Kristina NORRIS	3250 EX 55	VOICEMAIL (DM)
20/3/18	14:07	XXXXX XXX	Kristina NORRIS	3251 EX 55	VOICEMAIL (DM)
20/3/18	17:27	XXXXX XXX	Kristina NORRIS	3252 EX 55	VOICEMAIL (DM)
20/3/18	18:02	XXXXX XXX	Kristina NORRIS	3254 EX 55	UNANSWERED CALL TO KN
20/3/18	18:04	XXXXX XXX	Kristina NORRIS	3255 EX 55	UNANSWERED CALL TO KN
20/3/18	18:05	XXXXX XXX	Kristina NORRIS	3256 EX 55	UNANSWERED CALL TO KN
20/3/18	18:05	XXXXX XXX	Kristina NORRIS	3257 EX 55	UNANSWERED CALL TO KN
20/3/18	18:05	XXXXX XXX	Kristina NORRIS	3258 EX 55	DIRECT CONVERSATION
20/3/18	18:07	XXXXX XXX	Kristina NORRIS	3260 EX 55	UNANSWERED CALL TO KN
20/3/18	18:07	XXXXX XXX	Kristina NORRIS	- EX 55	UNANSWERED CALL TO KN
20/3/18	18:07	XXXXX XXX	Kristina NORRIS	- EX 55	UNANSWERED CALL TO KN
20/3/18	18:08	XXXXX XXX	Kristina NORRIS	-	UNANSWERED CALL TO KN

EX 55
20/3/18	18:08	XXXXX XXX	Kristina NORRIS	- EX 55	UNANSWERED CALL TO KN
20/3/18	18:08	XXXXX XXX	Kristina NORRIS	3261 EX 55	UNANSWERED CALL TO KN
20/3/18	18:10	XXXXX XXX	Kristina NORRIS	3262 EX 55	UNANSWERED CALL TO KN
20/3/18	18:10	XXXXX XXX	Kristina NORRIS	3263 EX 55	DIRECT CONVERSATION
20/3/18	18:11	XXXXX XXX	Kristina NORRIS	3265 EX 55	DIRECT CONVERSATION
20/3/18	18:21	XXXXX XXX	Kristina NORRIS	3282 EX 55	UNANSWERED CALL TO KN
20/3/18	18:21	XXXXX XXX	Kristina NORRIS	- EX 55	UNANSWERED CALL TO KN
21/3/18	08:37	XXXXX XXX	Kristina NORRIS	3283 EX 55	DIRECT CONVERSATION
24/3/18	17:26	XXXXX XXX	Kristina NORRIS	3295 EX 55	UNANSWERED CALL TO KN
24/3/18	17:27	XXXXX XXX	Kristina NORRIS	- EX 55	UNANSWERED CALL TO KN
24/3/18	17:27	XXXXX XXX	Kristina NORRIS	- EX 55	UNANSWERED CALL TO KN
24/3/18	17:36	XXXXX XXX	Kristina NORRIS	3296 EX 55	UNANSWERED CALL TO KN
24/3/18	17:36	XXXXX XXX	Kristina NORRIS	3297 EX 55	VOICEMAIL (DM).
24/3/18	17:49	XXXXX XXX	Kristina NORRIS	3298 EX 55	UNANSWERED CALL TO KN
24/3/18	17:49	XXXXX XXX	Kristina NORRIS	3299 EX 55	UNANSWERED CALL TO KN
24/3/18	17:52	XXXXX XXX	Kristina NORRIS	3300 EX 55	UNANSWERED CALL TO KN
24/3/18	18:16	XXXXX XXX	Kristina NORRIS	3301 EX 55	UNANSWERED CALL TO KN
24/3/18	18:46	XXXXX XXX	Kristina NORRIS	3302 EX 55	VOICEMAIL (DM)
25/3/18	15:47	XXXXX XXX	Kristina NORRIS	3304	UNANSWERED CALL TO KN

EX 55
25/3/18	15:47	XXXXX XXX	Kristina NORRIS	3305 EX 55	UNANSWERED CALL TO KN
25/3/18	15:48	XXXXX XXX	Kristina NORRIS	3306 EX 55	UNANSWERED CALL TO KN
25/3/18	15:48	XXXXX XXX	Kristina NORRIS	3307 EX 55	UNANSWERED CALL TO KN
25/3/18	15:48	XXXXX XXX	Kristina NORRIS	3308 EX 55	VOICEMAIL (DM)
25/3/18	15:50	XXXXX XXX	Kristina NORRIS	3309 EX 55	UNANSWERED CALL TO KN
25/3/18	18:16	XXXXX XXX	Kristina NORRIS	3310 EX 55	UNANSWERED CALL TO KN
25/3/18	18:16	XXXXX XXX	Kristina NORRIS	3311 EX 55	UNANSWERED CALL TO KN
25/3/18	18:17	XXXXX XXX	Kristina NORRIS	- EX 55	UNANSWERED CALL TO KN
26/3/18	12:09	XXXXX XXX	Kristina NORRIS	3312 EX 55	UNANSWERED CALL TO KN
26/3/18	12:10	XXXXX XXX	Kristina NORRIS	3313 EX 55	UNANSWERED CALL TO KN
26/3/18	12:10	XXXXX XXX	Kristina NORRIS	- EX 55	UNANSWERED CALL TO KN
26/3/18	12:10	XXXXX XXX	Kristina NORRIS	3314 EX 55	UNANSWERED CALL TO KN
26/3/18	12:11	XXXXX XXX	Kristina NORRIS	3315 EX 55	UNANSWERED CALL TO KN
26/3/18	12:11	XXXXX XXX	Kristina NORRIS	3316 EX 55	VOICEMAIL (DM)
26/3/18	12:13	XXXXX XXX	Kristina NORRIS	3317 EX 55	VOICEMAIL (DM)
26/3/18	12:14	XXXXX XXX	Kristina NORRIS	3318 EX 55	UNANSWERED CALL TO KN
26/3/18	12:56	XXXXX XXX	Kristina NORRIS	3319 EX 55	UNANSWERED CALL TO KN
26/3/18	12:56	XXXXX XXX	Kristina NORRIS	3320 EX 55	UNANSWERED CALL TO KN
26/3/18	13:06	XXXXX XXX	Kristina NORRIS	3321	UNANSWERED CALL TO KN

EX 55
26/3/18	13:07	XXXXX XXX	Kristina NORRIS	3322 EX 55	UNANSWERED CALL TO KN
26/3/18	13:12	XXXXX XXX	Kristina NORRIS	3323 EX 55	UNANSWERED CALL TO KN
26/3/18	13:13	XXXXX XXX	Kristina NORRIS	3324 EX 55	UNANSWERED CALL TO KN
26/3/18	13:15	XXXXX XXX	Kristina NORRIS	3325 EX 55	UNANSWERED CALL TO KN
26/3/18	14:00	XXXXX XXX	Kristina NORRIS	3326 EX 55	UNANSWERED CALL TO KN
26/3/18	14:00	XXXXX XXX	Kristina NORRIS	3327 EX 55	UNANSWERED CALL TO KN
26/3/18	14:08	XXXXX XXX	Kristina NORRIS	3328 EX 55	UNANSWERED CALL TO KN
26/3/18	14:53	XXXXX XXX	Kristina NORRIS	3329 EX 55	UNANSWERED CALL TO KN
26/3/18	18:51	XXXXX XXX	Kristina NORRIS	3330 EX 55	UNANSWERED CALL TO KN
26/3/18	18:58	XXXXX XXX	Kristina NORRIS	3331 EX 55	UNANSWERED CALL TO KN
27/3/18	08:53	XXXXX XXX	Kristina NORRIS	3332 EX 55	UNANSWERED CALL TO KN
27/3/18	08:53	XXXXX XXX	Kristina NORRIS	3333 EX 55	UNANSWERED CALL TO KN
27/3/18	18:13	XXXXX XXX	Kristina NORRIS	3334 EX 55	UNANSWERED CALL TO KN
27/3/18	18:14	XXXXX XXX	Kristina NORRIS	3335 EX 55	UNANSWERED CALL TO KN
27/3/18	18:41	XXXXX XXX	Kristina NORRIS	3336 EX 55	UNANSWERED CALL TO KN
27/3/18	18:41	XXXXX XXX	Kristina NORRIS	3337 EX 55	UNANSWERED CALL TO KN
27/3/18	18:43	XXXXX XXX	Kristina NORRIS	3338 EX 55	UNANSWERED CALL TO KN
29/3/18	15:14	XXXXX XXX	Kristina NORRIS	3339 EX 55	UNANSWERED CALL TO KN

29/3/18		15:14	XXXXX XXX	Kristina NORRIS	3340 EX 55	UNANSWERED CALL TO KN
29/3/18		15:16	XXXXX XXX	Kristina NORRIS	- EX 55	UNANSWERED CALL TO KN
29/3/18		17:24	XXXXX XXX	Kristina NORRIS	- EX 55	UNANSWERED CALL TO KN
30/3/18		11:11	XXXXX XXX	Kristina NORRIS	3341 EX 55	UNANSWERED CALL TO KN
30/3/18		11:16	XXXXX XXX	Kristina NORRIS	3342 EX 55	UNANSWERED CALL TO KN
31/3/18		14:46	XXXXX XXX	Kristina NORRIS	3343 EX 55	UNANSWERED CALL TO KN
31/3/18		14:47	XXXXX XXX	Kristina NORRIS	3344 EX 55	UNANSWERED CALL TO KN
31/3/18		14:47	XXXXX XXX	Kristina NORRIS	3345 EX 55	UNANSWERED CALL TO KN
31/3/18		14:47	XXXXX XXX	Kristina NORRIS	3346 EX 55	UNANSWERED CALL TO KN
31/3/18		16:21	XXXXX XXX	Kristina NORRIS	3347 EX 55	VOICEMAIL (DM)
31/3/18		18:43	XXXXX XXX	Kristina NORRIS	3349 EX 55	VOICEMAIL (DM)
APRIL 2018
1/4/18		14:11	XXXXX XXX	Kristina NORRIS	3351 EX 55	UNANSWERED CALL TO KN
1/4/18		14:11	XXXXX XXX	Kristina NORRIS	- EX 55	UNANSWERED CALL TO KN
1/4/18		16:07	XXXXX XXX	Kristina NORRIS	3352 EX 55	UNANSWERED CALL TO KN
1/4/18		18:37	XXXXX XXX	Kristina NORRIS	3353 EX 55	UNANSWERED CALL TO KN
2/4/18		09:20	XXXXX XXX	Kristina NORRIS	3354 EX 55	UNANSWERED CALL TO KN
2/4/18		09:48	XXXXX XXX	Kristina NORRIS	- EX 55	UNANSWERED CALL TO KN
2/4/18		11:57	XXXXX XXX	Kristina NORRIS	3355 EX 55	VOICEMAIL (DM)
2/4/18		12:09	XXXXX XXX	Kristina NORRIS	3357	VOICEMAIL (DM)

EX 55
2/4/18	13:09	XXXXX XXX	Kristina NORRIS	3358 EX 55	UNANSWERED CALL TO KN
2/4/18	13:27	XXXXX XXX	Kristina NORRIS	3359 EX 55	VOICEMAIL (DM)
2/4/18	16:03	XXXXX XXX	Kristina NORRIS	3360 EX 55	VOICEMAIL (DM)
2/4/18	16:30	XXXXX XXX	Kristina NORRIS	3361 EX 55	UNANSWERED CALL TO KN
2/4/18	17:56	XXXXX XXX	Kristina NORRIS	3362 EX 55	UNANSWERED CALL TO KN
2/4/18	18:11	XXXXX XXX	Kristina NORRIS	3363 EX 55	UNANSWERED CALL TO KN
2/4/18	18:11	XXXXX XXX	Kristina NORRIS	3364 EX 55	VOICEMAIL (DM)
2/4/18	18:41	XXXXX XXX	Kristina NORRIS	3365 EX 55	UNANSWERED CALL TO KN
2/4/18	19:27	XXXXX XXX	Kristina NORRIS	3366 EX 55	UNANSWERED CALL TO KN
2/4/18	19:27	XXXXX XXX	Kristina NORRIS	3367 EX 55	UNANSWERED CALL TO KN
3/4/18	17:05	XXXXX XXX	Kristina NORRIS	3368 EX 55	UNANSWERED CALL TO KN
3/4/18	17:06	XXXXX XXX	Kristina NORRIS	- EX 55	UNANSWERED CALL TO KN
3/4/18	17:07	XXXXX XXX	Kristina NORRIS	3369 EX 55	UNANSWERED CALL TO KN
3/4/18	17:07	XXXXX XXX	Kristina NORRIS	3370 EX 55	VOICEMAIL (DM)
3/4/18	18:56	XXXXX XXX	Kristina NORRIS	3372 EX 55	UNANSWERED CALL TO KN
3/4/18	18:57	XXXXX XXX	Kristina NORRIS	3373 EX 55	UNANSWERED CALL TO KN
3/4/18	18:57	XXXXX XXX	Kristina NORRIS	3374 EX 55	VOICEMAIL (DM)
3/4/18	19:17	XXXXX XXX	Kristina NORRIS	3375 EX 55	UNANSWERED CALL TO KN
4/4/18	17:40	XXXXX XXX	Kristina NORRIS	3376	UNANSWERED CALL TO KN

EX 55
6/4/18	16:01	XXXXX XXX	Kristina NORRIS	3377 EX 55	UNANSWERED CALL TO KN
6/4/18	16:02	XXXXX XXX	Kristina NORRIS	3378 EX 55	UNANSWERED CALL TO KN
6/4/18	16:02	XXXXX XXX	Kristina NORRIS	- EX 55	VOICEMAIL (DM)
7/4/18	09:25	XXXXX XXX	Kristina NORRIS	3379 EX 55	UNANSWERED CALL TO KN
7/4/18	09:25	XXXXX XXX	Kristina NORRIS	3380 EX 55	UNANSWERED CALL TO KN
7/4/18	12:53	XXXXX XXX	Kristina NORRIS	3381 EX 55	VOICEMAIL (DM)
7/4/18	18:29	XXXXX XXX	Kristina NORRIS	3382 EX 55	UNANSWERED CALL TO KN
7/4/18	18:29	XXXXX XXX	Kristina NORRIS	3382 EX 55	UNANSWERED CALL TO KN
8/4/18	11:30	XXXXX XXX	Kristina NORRIS	3384 EX 55	UNANSWERED CALL TO KN
8/4/18	11:31	XXXXX XXX	Kristina NORRIS	3385 EX 55	UNANSWERED CALL TO KN
8/4/18	14:32	XXXXX XXX	Kristina NORRIS	3386 EX 55	UNANSWERED CALL TO KN
8/4/18	17:54	XXXXX XXX	Kristina NORRIS	3387 EX 55	UNANSWERED CALL TO KN
8/4/18	17:54	XXXXX XXX	Kristina NORRIS	3388 EX 55	UNANSWERED CALL TO KN
8/4/18	17:55	XXXXX XXX	Kristina NORRIS	3389 EX 55	UNANSWERED CALL TO KN
9/4/18	12:15	XXXXX XXX	Kristina NORRIS	3390 EX 55	UNANSWERED CALL TO KN
9/4/18	12:15	XXXXX XXX	Kristina NORRIS	3391 EX 55	UNANSWERED CALL TO KN
9/4/18	12:16	XXXXX XXX	Kristina NORRIS	3392 EX 55	UNANSWERED CALL TO KN
9/4/18	12:29	XXXXX XXX	Kristina NORRIS	3393 EX 55	UNANSWERED CALL TO KN
9/4/18	12:53	XXXXX XXX	Kristina NORRIS	3394	UNANSWERED CALL TO KN

EX 55
9/4/18	12:54	XXXXX XXX	Kristina NORRIS	3395 EX 55	UNANSWERED CALL TO KN
9/4/18	17:58	XXXXX XXX	Kristina NORRIS	3396 EX 55	UNANSWERED CALL TO KN
10/4/18	16:01	XXXXX XXX	Kristina NORRIS	3397 EX 55	UNANSWERED CALL TO KN
11/4/18	09:21	XXXXX XXX	Kristina NORRIS	3398 EX 55	UNANSWERED CALL TO KN
11/4/18	10:04	XXXXX XXX	Kristina NORRIS	3399 EX 55	UNANSWERED CALL TO KN
11/4/18	11:42	XXXXX XXX	Kristina NORRIS	3400 EX 55	UNANSWERED CALL TO KN
11/4/18	12:15	XXXXX XXX	Kristina NORRIS	3401 EX 55	UNANSWERED CALL TO KN
11/4/18	17:10	XXXXX XXX	Kristina NORRIS	3402 EX 55	UNANSWERED CALL TO KN
12/4/18	12:15	XXXXX XXX	Kristina NORRIS	3403 EX 55	UNANSWERED CALL TO KN
12/4/18	15:02	XXXXX XXX	Kristina NORRIS	- EX 55	UNANSWERED CALL TO KN
12/4/18	17:56	XXXXX XXX	Kristina NORRIS	3404 EX 55	UNANSWERED CALL TO KN
12/4/18	17:58	XXXXX XXX	Kristina NORRIS	3405 EX 55	UNANSWERED CALL TO KN
14/4/18	12:52	XXXXX XXX	Kristina NORRIS	3406 EX 55	UNANSWERED CALL TO KN
15/4/18	12:37	XXXXX XXX	Kristina NORRIS	3407 EX 55	UNANSWERED CALL TO KN
15/4/18	14:48	XXXXX XXX	Kristina NORRIS	3409 EX 55	UNANSWERED CALL TO KN
15/4/18	16:12	XXXXX XXX	Kristina NORRIS	3408 EX 55	UNANSWERED CALL TO KN

Schedule 3: Particulars of Charge 3 – Attempt to Pervert the Course of Justice

OPP v DALE MORRISON

ARUNTA TELEPHONE CALLS FROM PRISON BY ACCUSED

Date	Time	Phone No.	Call To	DEPS Ref
DECEMBER 2017
11/12/17	12:16	XXXXX XXX	Jenni MORRISON	1137 EX 50
11/12/17	12:32	XXXXX XXX	Andrew TATUM	1160 EX 50
11/12/17	18:45	XXXXX XXX	Jenni MORRISON	1168 EX 50
12/12/17	16:18	XXXXX XXX	Andrew TATUM	1195 EX 50
12/12/17	18:52	XXXXX XXX	Andrew TATUM	1217 EX 50
13/12/17	18:17	XXXXX XXX	Andrew TATUM	1234 EX 50
13/12/17	18:58	XXXXX XXX	Andrew TATUM	1246 EX 50
16/12/17	09:18	XXXXX XXX	Andrew TATUM	1254 EX 50
16/12/17	17:04	XXXXX XXX	Jenni MORRISON	1261 EX 50
17/12/17	15:01	XXXXX XXX	Jenni MORRISON	1285 EX 50
17/12/17	17:23	XXXXX XXX	Andrew TATUM	1288 EX 50
27/12/17	17:49	XXXXX XXX	Jenni MORRISON	1323 EX 50
27/12/17	19:02	XXXXX XXX	Jenni MORRISON	1332 EX 50
28/12/17	11:30	XXXXX XXX	Jenni MORRISON	1335 EX 50
28/12/17	17:29	XXXXX XXX	Jenni MORRISON	1345 EX 50
29/12/17	15:21	XXXXX XXX	Andrew TATUM	1368 EX 50
JANUARY 2018
1/1/18	12:49	XXXXX XXX	Jenni MORRISON	1388 EX 51
4/1/18	15:52	XXXXX XXX	Andrew TATUM	1401 EX 51
8/1/18	12:26	XXXXX XXX	Andrew TATUM	1412 EX 51
8/1/18	14:32	XXXXX XXX	Andrew TATUM	1431 EX 51
8/1/18	15:14	XXXXX XXX	Kristina NORRIS	3000 EX 55
8/1/18	15:20	XXXXX XXX	Andrew TATUM	1441 EX 51
8/1/18	16:21	XXXXX XXX	Jenni MORRISON	1447 EX 51
8/1/18	17:28	XXXXX XXX	Andrew TATUM	1463 EX 51
8/1/18	19:15	XXXXX XXX	JM DIV: Kristina NORRIS	1474 EX 51
8/1/18	19:19	XXXXX XXX	JM DIV: Kristina NORRIS	1480 EX 51
9/1/18	11:24	XXXXX XXX	Kristina NORRIS	3010 EX 55
10/1/18	13:05	XXXXX XXX	Jenni MORRISON	1510 EX 51
10/1/18	18:38	XXXXX XXX	JM DIV: Kristina NORRIS	1522 EX 51
10/1/18	18:57	XXXXX XXX	JM DIV: Kristina NORRIS	1547 EX 51
12/1/18	17:22	XXXXX XXX	Jenni MORRISON	1570 EX 51
13/1/18	10:03	XXXXX XXX	Jenni MORRISON	1600 EX 51
13/1/18	14:28	XXXXX XXX	Jenni MORRISON	1604 EX 51
14/1/18	15:43	XXXXX XXX	JM DIV: Luke SHAW	1629 EX 51
14/1/18	16:07	XXXXX XXX	Jenni MORRISON	1650 EX 51
14/1/18	18:09	XXXXX XXX	JM DIV: Luke SHAW	1653 EX 51
15/1/18	08:53	XXXXX XXX	Luke SHAW	1674 EX 51
15/1/18	13:00	XXXXX XXX	Jenni MORRISON	1678 EX 51
16/1/18	18:46	XXXXX XXX	JM DIV: Kristina NORRIS	1713 EX 51
17/1/18	18:16	XXXXX XXX	Jenni MORRISON	1743 EX 51
22/1/18	18:45	XXXXX XXX	Kristina NORRIS	1753 EX 51
23/1/18	19:40	XXXXX XXX	Jenni MORRISON	1766 EX 51
24/1/18	15:26	XXXXX XXX	Kristina NORRIS	1771 EX 51
26/1/18	17:43	XXXXX XXX	Kristina NORRIS	3014 EX 55
26/1/18	17:53	XXXXX XXX	Jenni MORRISON	1776 EX 51
27/1/18	16:27	XXXXX XXX	Jenni MORRISON	1801 EX 51
28/1/18	09:03	XXXXX XXX	Jenni MORRISON	1831 EX 51
28/1/18	16:18	XXXXX XXX	JM DIV: Kristina NORRIS	1841 EX 51
FEBRUARY 2018
2/2/18	15:23	XXXXX XXX	Jenni MORRISON	1883 EX 52
2/2/18	15:49	XXXXX XXX	JM DIV: Andrew TATUM	1888 EX 52
2/2/18	18:45	XXXXX XXX	JM DIV: Kristina NORRIS	1905 EX 52
3/2/18	18:45	XXXXX XXX	JM DIV: Kristina NORRIS	1909 EX 52
4/2/18	10:13	XXXXX XXX	JM DIV: Kristina NORRIS	1928 EX 52
4/2/18	12:50	XXXXX XXX	JM DIV: Kristina NORRIS	1953 EX 52
5/2/18	15:39	XXXXX XXX	Kristina NORRIS	1983 EX 52
5/2/18	15:52	XXXXX XXX	Kristina NORRIS	1993 EX 52
5/2/18	17:25	XXXXX XXX	Jenni MORRISON	1996 EX 52
5/2/18	18:19	XXXXX XXX	JM DIV: Kristina NORRIS	2015 EX 52
5/2/18	18:34	XXXXX XXX	JM DIV: Kristina NORRIS	2022 EX 52
6/2/18	17:48	XXXXX XXX	Kristina NORRIS	2062 EX 52
6/2/18	18:02	XXXXX XXX	JM DIV: Kristina NORRIS	2065 EX 52
7/2/18	14:46	XXXXX XXX	Jenni MORRISON	2123 EX 52
7/2/18	18:13	XXXXX XXX	Kristina NORRIS	2151 EX 52
7/2/18	18:17	XXXXX XXX	Jenni MORRISON	2152 EX 52
8/2/18	19:15	XXXXX XXX	JM DIV: Kristina NORRIS	2179 EX 52
8/2/18	19:24	XXXXX XXX	JM DIV: Kristina NORRIS	2183 EX 52
9/2/18	17:34	XXXXX XXX	Kristina NORRIS	3030 EX 55
10/2/18	08:47	XXXXX XXX	Kristina NORRIS	3052 EX 55
10/2/18	14:14	XXXXX XXX	Jenni MORRISON	2202 EX 52
11/2/18	17:17	XXXXX XXX	JM DIV: Kristina NORRIS	2303 EX 52
12/2/18	10:08	XXXXX XXX	Kristina NORRIS	3068 EX 55
12/2/18	18:20	XXXXX XXX	JM DIV: Kristina NORRIS	2322 EX 52
16/2/18	18:42	XXXXX XXX	Kristina NORRIS	3081 EX 55
17/2/18	08:36	XXXXX XXX	Kristina NORRIS	3099 EX 55
17/2/18	18:35	XXXXX XXX	JM DIV: Kristina NORRIS	2379 EX 52
19/2/18	12:28	XXXXX XXX	Jenni MORRISON	2422 EX 52
21/2/18 to  22/2/18	18:18 to 12:03	XXXXX XXX XXXXX XXX	Kristina NORRIS Kristina NORRIS	3117 to 3136
22/2/18	17:41	XXXXX XXX	Jenni MORRISON	2472 EX 52
24/2/18	14:56	XXXXX XXX	Jenni MORRISON	2511 EX 52
24/2/18	17:48	XXXXX XXX	Jenni MORRISON	2528 EX 52
25/2/18	17:53	XXXXX XXX	Jenni MORRISON	2535 EX 52
26/2/18	08:52	XXXXX XXX	Jenni MORRISON	2556 EX 52
26/2/18	12:26	XXXXX XXX	Jenni MORRISON	2566 EX 52
27/2/18	08:58	XXXXX XXX	Jenni MORRISON	2578 EX 52
27/2/18	17:17	XXXXX XXX	Jenni MORRISON	2597 EX 52
27/2/18	17:20	XXXXX XXX	Kristina NORRIS	3142 EX 55
28/2/18	09:49	XXXXX XXX	Jenni MORRISON	2602 EX 52
MARCH 2018
4/3/18	17:42	XXXXX XXX	Kristina NORRIS	3154 EX 55
6/3/18	12:59	XXXXX XXX	Kristina NORRIS	3155 EX 55
7/3/18	08:27	XXXXX XXX	Kristina NORRIS	3156 EX 55
7/3/18	18:12	XXXXX XXX	Kristina NORRIS	3173 EX 55
9/3/18	08:38	XXXXX XXX	Kristina NORRIS	3198 EX 55
10/3/18	08:38	XXXXX XXX	Kristina NORRIS	3206 EX 55
10/3/18	18:00	XXXXX XXX	Kristina NORRIS	3208 EX 55
10/3/18	18:06	XXXXX XXX	Kristina NORRIS	3212 EX 55
12/3/18	16:16	XXXXX XXX	Kristina NORRIS	3233 EX 55
20/3/18	13:37	XXXXX XXX	Kristina NORRIS	3250 EX 55
20/3/18	14:07	XXXXX XXX	Kristina NORRIS	3251 EX 55
20/3/18 to  20/3/18	17:27 to 18:10	XXXXX XXX XXXXX XXX	Kristina NORRIS	3252 -   3262
20/3/18	18:05	XXXXX XXX	Kristina NORRIS 00:57	3258 EX 55
20/3/18	18:11	XXXXX XXX	Kristina NORRIS 08:36	3265 EX 55
20/3/18 to  27/3/18	18:21 to 18:43	XXXXX XXX XXXXX XXX	Kristina NORRIS Kristina NORRIS	3282 -   3338
28/3/18	17:50	XXXXX XXX	Jenni MORRISON	2767 EX 53
29/3/18 15/4/19	15:14 16:12	XXXXX XXX XXXXX XXX	Kristina NORRIS Kristina NORRIS	3339 -   3408
29/3/18	19:18	XXXXX XXX	Jenni MORRISON	2797 EX 53
31/3/18	14:49	XXXXX XXX	Jenni MORRISON	2807 EX 53
APRIL 2018
1/4/18	14:13	XXXXX XXX	Jenni MORRISON	2837 EX 54
2/4/18	11:57	XXXXX XXX	Kristina NORRIS 00:51	3355 EX 55
6/4/18	16:02	XXXXX XXX	Kristina NORRIS 00:52	- EX 55
7/4/18	12:53	XXXXX XXX	Kristina NORRIS	3381
01:13	EX 55