Director of Public Prosecutions v Price
[2018] VCC 720
•17 May 2018
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised (Not) Restricted Suitable for Publication |
Case No. CR-17-02540
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| BOBBY RUNDLE PRICE |
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JUDGE: | HER HONOUR JUDGE LAWSON | |
WHERE HELD: | Melbourne | |
DATE OF PLEA HEARING: | 9 May 2018 | |
DATE OF SENTENCE: | 17 May 2018 | |
CASE MAY BE CITED AS: | DPP v Price | |
MEDIUM NEUTRAL CITATION: | [2018] VCC 720 | |
REASONS FOR SENTENCE
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Subject:Criminal Law – Sentencing – Series of offences committed over course of two and a half hours – Relatively youthful offender – Immediate custodial sentence imposed
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Ms K. Hamill (Plea) Ms C. Tulloch (Sentence) | John Cain, Solicitor for Public Prosecutions |
| For the Accused | Mr M. McGrath | James Dowsley & Associates |
HER HONOUR:
1 Bobby Price, you have pleaded guilty before me on indictment to fifteen charges, together with three related summary offences.
2 You also admitted your criminal record that was filed at the plea hearing.
3 I will now sentence you on the basis of the summary of the prosecution opening that was read at the plea hearing and is marked as an exhibit, Exhibit 1.
4 Your offending relates to four incidents that occurred in the Healesville area over the period of approximately two and a half hours during the morning of Sunday, 17 September 2017.
5 At the time, you were aged 23 and you are now 24.
6 The first incident relates to Charges 1 to 8 inclusive and the circumstances are as follows.
7 At about 6.40 am you arrived at a property belonging to Ute and Hartmut, known as "Harry", Buettner, on the Healesville–Koo Wee Rup Road. Mr Buettner is aged 80. The Buettners had lived at the property for about 38 years. Whilst at their property you gained entry to their HiLux that was parked in a carport with the keys inside (Charge 1, theft). You then proceeded to drive the ute in “donuts” around the yard and became bogged in a grassed area between some trees. You placed some wooden planks under the back wheels in an attempt to remove the vehicle but were unable to do so.
8 The Buettners who were asleep were woken by the sound of the ute being revved and Mr Buettner went out into the yard to investigate. He found you outside the vehicle and you were saying to him in a raised voice, “Pull me out, get me out”. His wife attended and observed you and considered that you had a crazed look in your eye and she said that she was going to ring 000 and returned to her house to do so.
9 A short while later her husband came back into the house and at the time you went to their Ford Escape four wheel drive, which was also parked at the carport, and smashed the driver’s side window (Charge 2, criminal damage) to gain entry to the vehicle. By doing so you caused the alarm to be activated. You then attempted to steal the vehicle (Charge 5, attempted theft); however, you were unable to do so because there were no keys available.
10 The Buettners then heard a noise towards the back of their house and they saw you standing near their bedroom window holding one of their chainsaws, which was ordinarily kept in the tray of the HiLux. Mrs Buettner told her husband to get the gun and he retrieved a registered shotgun from their bedroom and went into the kitchen.
11 You then broke into the house by smashing through the bedroom window, armed with the chainsaw (Charge 3, aggravated burglary). The Buettners then returned to their bedroom. You said to Mrs Buettner a few times, “I’m going to cut you”. You then grabbed the gun from Mr Buettner and pushed him over and in the course of doing so, struck him on the face (Charge 4, recklessly cause injury). Mr Buettner hit the wall and then fell to the ground and was unable to get up by himself.
12 You then left the house through the broken bedroom window and approached the kitchen window. You yelled at Mrs Buettner, “Give me the keys, give me the keys”. As you did so, you were still holding both the chainsaw and the gun. Mrs Buettner assumed that you wanted the keys for the four wheel drive and gave you some keys. You then approached a different vehicle, a Suzuki Vitara that was parked near the kitchen, and tried to open it with the keys, but was unable to do so. You then returned and demanded the keys to the Vitara. As you did so, you pointed the gun at Mrs Buettner, saying, “I’ll shoot you” several times (Charge 6, threat to inflict serious injury). She then found and handed you the relevant keys and asked you to remove her suitcases from the boot of that vehicle.
13 You gained access to the car, placed the shotgun inside, and removed the suitcases and threw them onto the grass. You then drove the Vitara out of the property (Charge 7, armed robbery). In the course of doing so you drove through the gate at the top of their driveway, bending it and rendering it unable to close properly (Charge 8, criminal damage).
14 The second incident occurred following your departure from the Buettners' property.
15 As well as calling 000 multiple times, Mrs Buettner called her son, Jason, to ask him for his assistance. He then called another friend, Andrew Weekes, and asked him to meet at his parents' property which was only a short distance away from Weekes’ house.
16 Weekes then drove to the Buettners’ address in his Ford Falcon ute. As he pulled up at the front of the property he saw the Vitara drive past with you driving. Your licence had been disqualified in February 2017 for eight months (summary Charge 7, drive whilst disqualified).
17 Weekes followed you at a safe distance and noticed that you were driving erratically but not speeding. The vehicle was all over the road. You turned right into Airlie Road and failed to navigate a turn when the road intersected with Badger Creek Road and you hit a power pole, rendering the vehicle inoperable (summary Charge 6, careless driving).
18 Weekes then approached you and told you to stay in the car, knowing that you had stolen the vehicle. You said to him, “I know I’ve done wrong”, and tried to get out of the car, eventually climbing out of the driver’s window. You had blood on your hands and you were staggering around. Weekes asked you if you were all right. You asked him if he was a policeman before you started walking away.
19 After about three or four steps you turned and then with a clenched fist you struck Mr Weekes on the nose and left eye socket. You threw a few more punches before eventually hitting him again on the right shoulder. You did this notwithstanding he was telling you to calm down. You grabbed him by the throat in a strangling motion and pushed him onto the bonnet of the car. He managed to break free but then you threw some more punches (Charge 11, intentionally cause injury). Weekes tried to defend himself and you backed off and danced around in a boxing stance.
20 He took out his Apple iPhone hoping it would encourage you to run away but you grabbed the phone out of his hand (Charge 9, robbery). You then demanded his wallet. He pulled out his pockets to show that he was not carrying a wallet and you started to shape up again and became more aggressive.
21 Some passers-by were driving past the scene and saw you scuffling with Mr Weekes. Robert Jones considered that Weekes was losing the fight. He tooted his horn and Weekes ran to the car yelling for help, saying that you had stolen his phone and wallet and you were trying to take his car. Thereafter there was a conversation that took place with your involvement and you took the opportunity to jump into the driver’s seat of Mr Weekes’ vehicle and shut the door. You started to fiddle with the keys in an attempt to steal the vehicle (Charge 10, attempted theft). However, you were not successful as the keys that you used belonged to the Buettners’ four wheel drive.
22 Police were called by the bystanders. Whilst Mr Jones was talking to the 000 operator you climbed out of the driver’s door of the ute and fled on foot down Badger Creek Road. As you did so you threw away the Buettners’ four wheel drive keys.
23 The third incident occured when you ran into a nearby residence in Amelia Avenue. The resident, Michael Lindorff, was asleep inside. He woke to the sound of you banging a deckchair against the locked glass sliding door of the house, bending the legs of the chair. He spoke to you through an open window, asking you what you were doing, to which you replied, “Who the fuck are you?” He replied that he lived there. He ran outside but once he was outside he discovered that you had gone. At that stage, he saw that you had removed a large rock from the garden and thrown it through the driver’s side window of his Mitsubishi sedan (Charge 12, criminal damage).
24 The fourth and final incident concerns you arriving at a different residence in Lalors Road, Healesville, and entering the house through the back door (Charge 13, aggravated burglary).
25 Brodie Jamieson, the occupant, was at home in bed. He woke to the sound of you searching through a basket which held his car and work keys. He saw you through an internal window and challenged you, during which conversation he told you that you were in the wrong house. He then got dressed and ran outside; however, you had left, taking with you the keys to his work ute, his Samsung S5 phone, and an Acer laptop (Charge 14, theft).
26 By the time he got to the front door he heard his ute starting and he ran towards it. You put the ute into reverse and ran into a retaining wall. He ran in front of the vehicle to stop you from driving off, stopping around two to three metres in front of the vehicle. You put your foot on the accelerator but the car did not move because it became bogged (summary Charge 26, dangerous driving). You were observed to have a blank look in your eyes and you were fiddling with the gear stick and revving the car a little but the car was not moving.
27 He then opened the driver’s side door, dragged you out of the car, threw you onto the ground and pinned you there. He prevented you from punching him and after about ten seconds of holding you he asked, “What are you going to do if I let you go?”, and you said, “You’ve caught me, I’ll cop it”. He then let you up and removed the keys from the ute. He noticed his laptop on the front passenger seat and commented on you having stolen it. You then removed his phone from your pocket, saying “I took this too”. He then went inside his property to call 000. By the time he had returned you had fled on foot.
28 A short time later you were found walking along a nearby road and you were arrested by police. You told police that you had had a bit of a dust-up at a party the night before and that you were walking through the scrub and you had done nothing wrong.
29 When a full search was conducted at the Lilydale Police Station police found a small snap-lock bag in your underwear containing 12.8 grams of cannabis (Charge 15, possess drug of dependence).
30 You were interviewed later that day and initially answered “No comment” to all questions. Later you indicated that you would plead guilty to everything because you felt absolutely terrible for all the things that you had done. You indicated that you did not have an entire recollection of the whole ordeal. You repeated that you had been at a friend’s place at a party the night before and that the last thing you recalled was having an argument with the people at the party and being asked to leave and then walking through the bush. You said people had followed you down the road, abusing you and trying to insult you. You said that you had consumed a joint at the party and believed somebody had spiked your drink. You were tremendously remorseful and wanted to offer your apologies to the victims.
31 Mr Price, the nature of your offending is serious, and that is reflected in the objective circumstances that have just been described and also the maximum penalties that are prescribed by law and they are, in respect to each charge:
(i)Aggravated burglary and armed robbery, 25 years’ imprisonment;
(ii)Robbery, 15 years’ imprisonment;
(iii)Theft, criminal damage and intentionally cause injury, ten years’ imprisonment;
(iv)Recklessly causing injury, five years’ imprisonment;
(v)Attempted theft, five years’ imprisonment;
(vi)Threat to inflict serious injury, five years’ imprisonment;
(vii)Possess drug of dependence where it is a small quantity and found to be not for a trafficking purpose, five penalty units.
32 In respect to the related summary charges:
(i)Charge 6, careless driving (subsequent offence), 25 penalty units;
(ii)Charge 7, drive whilst disqualified (subsequent offence), 240 penalty units or two years’ imprisonment; and
(iii)Charge 26, dangerous driving, 240 penalty units or two years’ imprisonment or both and mandatory licence cancellation for such time (not being less than six months or if the vehicle is driven at a speed of 45 kilometres per hour or more in excess of that permitted 12 months), in your case the lesser applies.
33 Upon conviction in respect to Charges 1, 5, 10 and 14 involving theft and attempted theft of a motor vehicle the court must suspend your licence for such a period of time as it sees fit (and if no period is specified, a three-month suspension will apply).
34 The Crown sought a finding under s.89C(1) of the Sentencing Act in respect to each of those charges, that the offences were committed under the influence of alcohol and/or a drug which contributed to the offence.
35 Having regard to the admissions made by you to police together with the findings in the toxicology report, which showed the presence of cannabinoids in your system, I propose to make that formal finding.
36 Mr Price, you have admitted your prior criminal history and there are five court appearances that span the period between 28 January 2014 and 23 September 2016. Primarily your offending relates to offences involving the use of a motor vehicle, together with alcohol related offending, some assaults and dishonesty offences. In the past you have been dealt with for reckless conduct endangering serious injury (2014), recklessly causing injury (2015), and on three occasions you have been before the courts in respect to contravention of Community Correction Orders.
37 You spent one month in gaol in 2015, which was an aggregate term of imprisonment imposed for offending which included driving whilst disqualified, recklessly causing injury, resist emergency worker on duty, using an unregistered motor vehicle on a highway, using a vehicle displaying a number plate other than that issued and being drunk in a public place. For the latter charge you were convicted and fined $1,000.
38 The current offending, whilst it occurred over a relatively short period of time (two and a half hours), has had a serious impact upon all the people who were subjected to your erratic and irresponsible behaviour. I have had regard to the Victim Impact Statements that have been filed and read to the court.
39 Mr Buettner speaks of the emotional and physical harm that was inflicted upon him. As a consequence of his injury he suffered injury to his two front teeth that has been replaced with crowns and the blow to his face has stirred trigeminal neuralgia from which he had suffered badly some 15 years ago. He also suffered bruising to his shoulders, legs, and back which was been painful. Emotionally he has suffered with nightmares during which he is often brutally attacked. He described those nightmares as being worse than that which he suffered as a consequence of his childhood trauma that he experienced during the Second World War. He is hypervigilant, especially at night, and is often going outside several times to check everything is as it should be. He now feels insecure and unsafe in his own home. He has lost the ability and confidence to deal spontaneously with threatening situations. Your actions left him vulnerable and made him suspicious of strangers. He describes his personality as having been changed and he is no longer the friendly and outgoing person that he once was.
40 His wife, Mrs Buettner, did not suffer any physical harm but describes emotional trauma. She described her pain is seeing her husband being injured, pleading and not able to pick himself up off the floor. She has been concerned about the damage to his teeth and face. She felt absolutely violated when you smashed the window and entered their bedroom. She no longer wishes to live in the place that she has called her home for 38 years. She also lost her car, which meant a loss of independence which is of great significance. She too is nervous about being home alone, and is hypervigilant. She has lost her sense of safety in her own home and within herself. Her Parkinson’s disease has advanced, and she has had to have her medication increased. She gave up her job that she loved on the advice of her specialist. She has been forced to retire earlier than expected and regrets the loss of her job as a teacher, which job she loved dearly.
41 Her daughter, who lives in Queensland, had to come to Melbourne with three children to provide her with support and additionally her son, who lives nearby, has had to take time off from time to time in order to take both she and her husband to appointments.
42 There is no doubt, Mr Price, that your actions have left the Buettners feeling very insecure and vulnerable and it has had a great impact upon them personally and their family generally.
43 Mr Jamieson, in his Victim Impact Statement, described his ongoing nervousness whenever he is at home alone and anger at the recollection of these events. He is very disappointed in society. He had never had his home invaded before so his trust of some certain folks has now diminished.
44 Mr Weekes did not file a Victim Impact Statement. He was, however, present at the plea hearing and given the circumstances that involved him, he too would have been very alarmed, concerned and threatened by your aggressive behaviour.
45 Mr McGrath, on your behalf, acknowledged the seriousness of the charges arising from these incidents. He could provide the court no rational explanation for your behaviour. You now acknowledge through him that the victims, particularly the Buettners, would have been extremely distressed by your behaviour. He emphasised that your offending was not planned and involved bizarre behaviour. That is a most apt description for what occurred during the hours of these incidents.
46 It is apparent that you were acting under the influence of either alcohol or drugs and that your behaviour spiralled out of control with a cascading set of offences involving very risky behaviour on your behalf. It is most fortunate that more serious consequences did not flow to each of the victims because of your senseless offending.
47 Since being on remand you have had the opportunity to reflect on your behaviour. I accept that you are a person who is genuinely upset and remorseful for your actions. You have consistently stated this ever since you were first apprehended and you have also been consistent in your wish to apologise to each of the victims for your behaviour.
48 During the plea hearing you offered a personal apology to Mr Weekes. You told him that you are extremely remorseful for how you had acted on that night and the impacts that have followed. You expressed sincere regret for your actions and you acknowledged the harm caused and said that you were really, really sorry.
49 There is a need for this court to formally condemn your behaviour. This behaviour was erratic, irrational and frightening for all the victims. Your actions involved multiple victims whose privacy and personal safety was breached by your behaviour and must be condemned and on behalf of the community I denounce your behaviour.
50 In sentencing you I must emphasise both general and specific deterrence. Given the serious nature of the offending behaviour it does call for stern punishment.
51 I have had regard to the report that was prepared by Dr Aaron Cunningham, consultant psychologist. He states that you are very disappointed in your offending behaviour and that you were very angry, embarrassed and ashamed about your offending behaviour. You told him that there is no justification for your behaviour.
52 Overall, Dr Cunningham considered that your level of alcohol abuse on that night was the precipitator for your offending. He considers that you would benefit from engaging in psychological intervention to improve your emotional regulation and decrease your reliance on drugs and alcohol and I endorse his recommendations.
53 I have had regard to the matters put on your behalf by Mr McGrath in mitigation. I accept that you entered a plea of guilty at the earliest opportunity at the committal case conference. There is real utility in your plea. You spared all the victims any further trauma of having to come to court to give evidence and to be cross-examined at either committal or trial. Your pleas demonstrate genuine remorse and an acceptance of responsibility for your wrongdoing. You have facilitated justice and your sentence will be discounted accordingly.
54 You were supported at the plea hearing by both your parents. Your mother, Sue Richardson, gave evidence and I have had regard to your difficult background and circumstances. Your mother was a single mother who had the care of eight children. Your parents separated when you were only a toddler. There is a significant age difference between you, the youngest of the eight children, and the oldest child.
55 In 2001 your family moved from Healesville to the Rosebud area when you were in your primary school years. It was your mother's expressed intention that it would be a new start for the family and that you would get away from the Yarra Valley where she had experienced difficulties with some of her children in relation to their exposure to drugs.
56 You did quite well at primary school and you were a regular attendee.
57 At some stage whilst living in Rosebud Ms Richardson formed a relationship with another man and initially that relationship was a good one and he treated you well but it deteriorated as you got older and he was violent towards you.
58 I noted that you only completed two to three years post primary school at the Rosebud Secondary School and then stopped because of the difficulties you had coping with school and the issues and the violence that you were exposed to at home.
59 Ultimately you returned to live with an older brother in the Healesville area and at some stage you have also lived with your biological father. Your mother has expressed a desire, upon your eventual release, that you will return to live with her. You have plans for the future. You want to establish your own work business.
60 You have an excellent work history. You have been in regular employment over the years doing various skilled labouring work and at the time of the offending you were working full time doing house restumping.
61 Sadly you have had a long history of drug use commencing abusing codeine and cannabis from a very early age, 13. You then were smoking cannabis regularly and then moved to using ecstasy from age 15 to 16 in social settings, and then amphetamines and methylamphetamine from age 17 to 21. Alcohol has also been an issue and you have often drunk heavily on the weekends.
62 I have taken into account your difficult family history and background and lack of a stable paternal role model in your formative years. The role of such a disadvantaged background is well recognised by the courts as a mitigating factor and the effects of such a background do not diminish over time or with repeated offending. [1]
[1]Bugmy v The Queen [2013] HCA 37; DPP v OJA (2007) 172 A Crim R 181, 204-5[64]; Murrah v The Queen [2014] VSCA 119 [16]; DPP v Zhuang [2015] VSCA 96 [56].
63 I consider that your willingness to accept responsibility for your behaviour and your early pleas of guilty are reflective of genuine and demonstrated remorse. You have consistently maintained a willingness to express an apology to all of the victims since the time of your arrest.
64 You are a relatively youthful man and that has been taken into consideration in your favour and I have had regard to the principles enunciated in the decision of Azzopardi v R[2] as it affects youth.
[2](2011) 35 VR 43, [70]
65 Your criminal history is poor but I accept to a large extent that it reflects your difficulties in the past with drug and alcohol abuse. Of significance I noted you have not been convicted of aggravated burglary or armed robbery or robbery in the past.
66 I accept your mother’s evidence that the nature of this offending was out of character for you.
67 An aggravating feature of this offending is that it was in breach of two concurrent Community Correction Orders that were operative at the time. Contravention proceedings have been initiated and will be dealt with at some stage soon in the Magistrates’ Court. Unfortunately, your actions have undermined all the good progress that you had achieved under the terms of those orders, that were almost completed when the events occurred.
68 In the past your response to Community Correction Orders has been poor. In January 2012 you were convicted and sentenced to a 12 month Community Correction Order and then in December 2014 you were convicted and sentenced to a further 12 month Community Correction Order. Contravention of the original order was proven in 2015 and the Community Correction Order was varied. In 2016 contravention of the two Community Correction Orders was proven and the orders were cancelled. You were then convicted and sentenced to a further two 12 month Community Correction Orders that are the subject of the contravention proceedings that I have just described.
69 I note, however, that during the course of those orders there was some positive progress insofar as you undertook drug and alcohol related counselling at TaskForce Moorabbin.
70 Mr Price, obviously your path to rehabilitation has been a difficult one and there does remain an ongoing need for you to properly address your underlying offending behaviours in the future if you are to avoid any further offending.
71 I note that you have spent your time in custody productively and there was a bundle of certificates concerning courses that have been completed by you whilst in custody.[3] I have already mentioned that you have ambitions to commence your own business upon your eventual release.
[3]See Exhibit 7 Bundle of certificates of completion for courses completed by the offender
72 Your family have remained supportive of you and have been visiting you whilst in prison. Your mother is a great supporter and will provide you with stable a residence upon your release.
73 Given your expressed insight into your offending behaviour, appropriate victim empathy that has been demonstrated from the time of your arrest, positive work ethic and strong family support, I do consider that you have reasonable prospects of rehabilitation. That is, of course, all predicated on you dealing with the issues surrounding the use of drugs and alcohol.
74 In formulating the appropriate sentence, I have had regard to the principles of both totality and proportionality. I must impose a just sentence. There will be a need to cumulate between some of offences to reflect the separate harm that has been caused to the different individual victims the subject of the offending during the separate incidents. Nonetheless this is a matter that did evolve over a period of two and a half hours and can be viewed as a continuing episode of offending.
75 I have had regard to all the mitigating factors that have been highlighted, the objective seriousness of your offending and the need to impose just punishment.
76 I have allowed a longer than usual non parole period to facilitate your supported release into the community to assist you with your ongoing rehabilitation. In all of the circumstances there is no alternative other than an immediate custodial sentence. That is the imposition of a gaol term to be immediately served.
77 I will now announce the formal court orders.
| Charge | Offence | Sentence | Cumulation | |
| 1 | Theft | 9 months | ||
| 2 | Damage property | 6 months | ||
| 3 | Aggravated burglary | 30 months | Base | |
| 4 | Recklessly cause injury | 1 year | 6 months | |
| 5 | Attempted theft | 6 months | ||
| 6 | Make threat to inflict serious injury | 9 months | 3 months | |
| 7 | Armed robbery | 2 years | 6 months | |
| 8 | Damage property | 6 months | ||
| 9 | Robbery | 2 years | 3 months | |
| 10 | Attempted theft | 6 months | ||
| 11 | Causing injury intentionally | 18 months | 3 months | |
| 12 | Damage property | 6 months | 2 months | |
| 13 | Aggravated burglary | 30 months | 3 months | |
| 14 | Theft | 1 year | ||
| 15 | Possess drug of dependence (Cannabis L) | Convicted & discharged | ||
| S/C 6 | Careless driving of a motor vehicle | Convicted & Fined $1000 | ||
| S/C 7 | Drive whilst disqualified | 3 months | 1 month | |
| S/C 26 | Drive in a manner dangerous | 6 months | 3 months | |
| Total Effective Sentence | 5 years imprisonment | |||
| Non-Parole Period | 2 years and 9 months’ imprisonment | |||
| Pre-Sentence Detention | 242 days declared | |||
| Other Orders | · Summary Charge 26 – All licences cancelled. Disqualified from obtaining a licence for six months from today’s date. · Charges 1, 5, 10 and 14 – All licences suspended for 3 months from today’s date. · Charges 1, 5, 10 and 14 – Finding, under s.89C(1), that the offences were committed under the influence of alcohol and/or a drug, which contributed to the offence. · Disposal order with respect to the cannabis. · Compensation order in the sum of $5,323.79 | |||
| S. 6AAAA | The Court would have imposed a sentence of 7 years’ imprisonment with a non-parole period of 5 years’ imprisonment, but for the guilty plea. | |||
78 That gives a total effective sentence of five years' imprisonment and I direct that you serve a total of two years and nine months' imprisonment before being eligible for parole.
79 I make the following declaration of pre-sentence detention. You have served 242 days of the sentence that has been imposed and I direct that that be entered into the records of the court.
80 I make the following declaration pursuant to s.6AAA of the Sentencing Act 1991. But for your plea of guilty I would have imposed a term of imprisonment of seven years to serve five years.
81 In relation to summary Charge 26, the dangerous driving charge, any licences that you hold will be cancelled and you are disqualified from obtaining a licence for a period of six months from today’s date.
82 In relation to Charges 1, 5, 10 and 14 following conviction, any licences that you hold are suspended for three months from today’s date.
83 I make the formal finding under s.89C(1) in respect to Charges 1, 5, 10 and 14, that the offences were committed under the influence of alcohol and/or a drug, which contributed to the offence.
84 I make the disposal order sought with respect to the cannabis, the subject of Charge 15.
85 Finally, I make the compensation order in the sum of $5,323.79 in favour of Vero Insurance Ltd pursuant to s86 of Sentencing Act 1991. I think that covers everything.
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