Director of Public Prosecutions v Radley

[2022] VCC 638

IN THE COUNTY COURT OF VICTORIA

AT MELBOURNE

CRIMINAL DIVISION

Revised
Not Restricted
Suitable for Publication

CR-21-01501

THE DIRECTOR OF PUBLIC PROSECUTIONS

v

KENNETH RADLEY

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JUDGE:	HER HONOUR JUDGE DAWES
WHERE HELD:	Melbourne
DATE OF HEARING:	8 March 2022
DATE OF SENTENCE:	13 April 2022
CASE MAY BE CITED AS:	DPP v Radley
MEDIUM NEUTRAL CITATION:	[2022] VCC 638

REASONS FOR SENTENCE

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Subject:Criminal law – sentence

Catchwords:              Theft of motor vehicle; negligently cause serious injury; conduct endangering life; fail to stop and render assistance; common law assault; unlicenced driving; without excuse enter private place; drive while exceeding PCD

Legislation Cited:      Sentencing Act 1991 (Vic)

Cases Cited:Bugmy v The Queen [2013] HCA 37

Sentence:                  TES: 4 years’ imprisonment; NPP: 2 years and 6 months

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APPEARANCES:	Counsel	Solicitors
For the DPP	Mr P Pickering	Solicitor for the Director of Public Prosecutions
For the Accused	Ms B East	Bowler & Co

HER HONOUR:

1Kenneth Radley, you have pleaded guilty to the following offences that were committed on 29 October 2020:

Charges	Offence	Maximum Penalty
1	Theft of motor vehicle	10 years’ imprisonment
2	Negligently cause serious injury	10 years’ imprisonment
3, 5, 6	Conduct endangering life	10 years’ imprisonment
4	Fail to stop and render assistance	5 years’ imprisonment or 1200 penalty units
7	Common Law assault	5 years’ imprisonment
Related summary offences
14	Unlicensed driving	6 months’ imprisonment or 60 penalty units
21, 23	Without excuse enter private place	6 months’ imprisonment or 25 penalty units
25	Drive while exceeding PCD	1st offence: 12 penalty units

2Charges 3 and 5 are rolled-up charges.  A rolled-up charge is a collection of identifiable charges, bundled together in a single charge.  Charge 3 relates to a collision with a car when you were driving the stolen truck, which placed

three people in the car in danger of death.  Charge 5 relates to your driving the stolen truck on a pedestrian path in a park, which placed two people on the path in danger of death.

3The circumstances of your offending have been provided in the Summary of Prosecution Opening.  It is agreed to be an accurate account of events.  A general summary of the facts will form part of this sentence.

4On 29 October 2020, you were at your stepmother's house in Brookfield.  She had hired a white 2015 Isuzu truck, as she was intending to help a friend move house. 

5During the morning, your stepmother discovered that the keys to the truck were missing, as was the truck.  She later reported to police that you had stolen the vehicle.  You did not have a valid driver's licence at the time.

6At approximately 3.35pm, a caretaker was working on a rural property in

Diggers Rest.  He observed the Isuzu truck coming towards him.  There were

two males seated in the cab.  The truck drove off a path and cut across a paddock, before going through a gate where a padlock had been cut, and then onto

Diggers Rest - Coimadai Road. 

7The caretaker called ‘000’.  He followed the truck at a distance to Plumpton, approximately 10 kilometres from the rural property and continued to update the

‘000’ operator. 

8At around this time, police members in a divisional van observed the truck and began to follow it.  A short while later, a man fell from the truck and landed on the road.  Police stopped to assist him. 

9A police air wing helicopter was also monitoring the truck and recorded your conduct for approximately 22 minutes, until after your arrest. 

10You travelled along Springlands Crescent, before leaving the roadway to drive on the footpath, parallel to Galibier Parade.  You turned right into Hume Drive and drove in an extremely erratic manner, overtaking vehicles on the wrong side of the road.  The airwing footage depicts several “near misses” with other vehicles, due to the reckless manner of your driving. 

11The traffic was quite heavy, and you drove onto the grass nature strip along Gourlay Road, to bypass queuing traffic.  You turned left onto the Melton Highway and drove towards Melton.

12The airwing footage shows that you drove into the emergency lane to overtake other vehicles, and, at times, onto the dirt shoulder of the road and swerved, momentarily losing control of the truck. 

13At approximately 3.55pm, you turned right from the Melton Highway into

Federation Drive.  Other police members, including two members in a marked highway patrol car, commenced their pursuit of you on the road. 

14As you drove along Federation Drive, you were a short distance behind

four members of a family travelling in a red Ford falcon.  The father, aged

48 years, was the driver.  His son, aged 18 years, was in the front passenger seat and his two other sons, aged 16 and 13 years, were in the back seat of the car. 

15You turned left into Melton Valley Drive and attempted to overtake their vehicle.  As there was an oncoming car, you collided heavily with the rear of their vehicle, shunting it violently to the left.  This caused the driver to lose control, and the red Ford collided with an electricity pole.  Police observed the collision and stopped to render assistance.  You continued to drive away erratically and at high speed.  The police in the Highway Patrol vehicle continued to follow you from a distance.  They were in communication with the police in the airwing helicopter, which was also following you.

16A short time later, at the intersection of Melton Valley Drive and High Street, you entered a turning lane on the wrong side of the road and travelled west on

High Street before you turned into the Hannah Watts Park through a one-way exit, narrowly missing a vehicle that was turning out of the carpark. 

17You drove through the carpark before entering a grass parkland area and onto a footpath, where two pedestrians were walking.  In their statements, they outlined that you tooted the horn but continued to drive towards them.  They were forced to jump out of the way, to avoid being run over.  Police stopped to provide them with assistance.

18You continued to drive at speed along the footpath, and then over a narrow timber footbridge, across Toolern Creek.  You completely destroyed the railing and caused extensive damage to the bridge.  You continued through another grass parkland area and then drove briefly back onto the road, before driving through another grassed area and onto a footpath that ran parallel to the Creek. 

19You left the footpath to cross over Harries Road and collided with a large electrical pole.  The impact of the collision destroyed the rear of the truck and a stone wall, leading up to a bridge that crossed the creek.  The collision caused the power line transformer to explode, resulting in an immediate outage of electricity in the area.  The police airwing officers contacted the relevant electricity authority.

20Despite extensive damage to the truck, you continued to drive along the footpath towards the Western Freeway.  You were unable to gain access to the freeway, due to the presence of safety barriers.  You stopped the truck and immediately ran away, across the freeway. 

21You jumped over a number of residential fences before you entered a unit in

Melton South, through a rear sliding door.  The resident confronted you, asking “Who the fuck are you? What are you doing in my home?”  You replied, “They're going to kill me, they're going to stab me with a knife”. 

22You grabbed the resident by her upper arms and shoved her out of the way.  You left through the front door.

23You were briefly pursued by a police member on foot before you were arrested in the front yard of a residence nearby.  You were conveyed to the Melton

Police Station.  You were examined by a forensic medical officer who deemed that you were not fit to undergo a formal interview, as you were suspected of being heavily affected by an illicit substance.  You were charged and remanded in custody. 

24You were conveyed to the Sunshine Hospital for assessment regarding your physical and mental health, as a result of being involved in the collisions.  The medical assessment determined that you did not suffer any physical injuries.  A sample of your blood was taken, and analysis revealed that you had

approximately 0.30mg/L of methylamphetamine in your system.

25All of the occupants of the red Ford falcon were conveyed to hospital via ambulance, for treatment for blunt force trauma, lacerations, soreness, and soft tissue injuries. 

26The 13-year-old, who was a passenger in the back seat, was transported by ambulance to the Royal Children's Hospital and admitted on 29 October 2020.  On examination, he was found to have suffered:

·        A four centimetre-long left scalp laceration;

·        Tenderness of the left knee;

·        

Deformity, swelling and pain in his left arm, caused by a mildly displaced, comminuted, closed humeral shaft fracture, being a bone that is broken in

at least two places.

·        The victim was given pain relief, monitored in hospital overnight and discharged on 30 October 2020. 

·        The fracture was managed with a cast, collar and cuff and later with a brace, over a period of six weeks. 

·        Subsequent examination revealed that the humerus was mildly angulated at the healing fracture line, and so the victim's left arm was mildly shortened.  Orthopaedic surgeons have opined that the alignment is acceptable and that the shortening of his left arm and misalignment will correct itself by bone remodelling, that occurs with normal growth in a child.

27

An assessment of medical records relating to the victim's examinations was conducted by Dr Maryanne Lobo, Consultant Paediatrician of

Victorian Forensic Paediatric Medical Service, on 6 January 2021.  She opined that the humerus fracture was a serious injury.  It was substantial, as it would have caused the victim significant pain and discomfort, decreased his mobility for several weeks, and necessitated ongoing medical investigation.  The injury was protracted, as although it was reported to be healing well after six weeks, his left arm had not regained full function. 

28In her opinion, it is unlikely that this injury will cause long-term complications.  The physical injuries are expected to completely heal, with the passage of time.

29A Victim Impact Statement, dated 2 December 2021, was provided on behalf of the family occupants of the red Ford falcon and read aloud at the plea hearing.  The father, being the driver of the car, writes that he had previously been involved in an accident, which resulted in years of rehabilitation.  At the time of this unexpected accident, he was just starting to get his “life on track”.  Your crime, and the subsequent trauma, has had a significant impact on him.  He feels depressed, angry and his capacity to trust others is reduced.  His self-confidence has been severely affected and he feels that he has lost his children's trust.  He and his family are struggling to manage the residual difficulties that have resulted from this incident.

30He writes that his youngest son, who is the victim of the serious injury, is clingy and emotional.  Due to concerns about suffering further injury to his arm, he missed two months of school.  He also stopped playing soccer.  He experiences anxiety and has lost his confidence, despite trying hard to fit back into the community.  He says that his son still feels numbness and pain in his left arm.  It is still shorter than his right arm. 

31His oldest son has lost his drive and enthusiasm for life.  Your crimes have resulted in his loss of faith in the justice system. 

32His second son has become overly cautious, which is particularly noticeable as he is now learning to drive.  He is overwhelmed with anxiety and sought professional assistance to address his issues.  He is frustrated, annoyed, angry, and no longer a positive young man.  He has written a song about the incident.  His lyrics express his emotional response to your conduct, including:

“How can you live with what you did to me? 

I can't believe you'd be so reckless, you left, you ran.”

33His wife writes that your conduct has taken a mental, physical and emotional toll on her and on her family.  Her family struggles to accept why this has happened.  The accident has added so much pressure to their everyday lives. 

34Victim Impact Statements, dated 6 March 2022, have also been provided by the victims of Charge 5.  One woman was walking with her mother, as you drove through the park.  When she realised your vehicle would not stop, she “dived out of the way” and grabbed her mother.  Her mother's hand slipped from hers and she was unsure whether her mother would be struck, which terrified her.  She is shocked, upset and bewildered by your conduct.  She had nightmares for weeks after the incident.  The physical symptoms that she suffered contributed to her decision to cease her employment.  Her anxiety is ongoing, particularly when she leaves her house to go for walks.

35Her mother was 69 years old at the relevant time.  Her daughter “threw” her to get out of your way.  She was hurt by the fall, as she has osteoarthritis.  She, too, had nightmares for a lengthy period after the incident.  Walking is her primary form of exercise and an activity that she engages in, to relax.  Unfortunately, she is unable to enjoy her walks as she did in the past.  She becomes nervous, stressed and no longer feels safe when vehicles pass by.

36

Your offending has had an ongoing impact on the lives of each of the victims.  They continue to suffer trauma from your conduct.  I take the relevant parts of the

Victim Impact Statements into account.

37You have pleaded guilty to serious charges.  Your counsel concedes as much.  A significant portion of your offending conduct was captured on footage obtained by the Victoria Police Airwing Helicopter.  I have viewed the footage.  It discloses that:

·        Your irresponsible driving occurred as part of one continuous action for more than 22 minutes.

·        Your driving was extremely erratic, where you approached intersections at speed.

·        You were travelling at speed, swinging between emergency lanes and the wrong side of the road, as you were “flying” along the roads.  At times, the traffic was quite heavy.

·        At times, you “split” through the traffic, by driving down the middle of the road, with cars proceeding in both directions, on either side of your vehicle.

·        The recording enforces how fortunate you are to have missed many other motorists, due to your reckless manner of driving.  

·        Your conduct placed other road users at high risk of injury and accident. 

38You were aware that police cars, which were marked, were in your proximity.  The only explanation that has been provided for your conduct was that you panicked and wanted to avoid your arrest, so you decided to flee from police.

39When considering the seriousness of your offending, a number of factors, in combination with the matters listed in paragraph 37, are relevant including:

·        You were driving a truck that you had stolen that morning.  I am told that you held a truck licence in the past.  I do not consider that this mitigates your offending.  You drove a large vehicle that you were not familiar with.  The size of the vehicle increased the risk of your conduct to other road users.

·        You were driving under the influence of methylamphetamine.  There is no evidence to establish the impact of 30mg/L of methylamphetamine on your driving.  I infer from your erratic conduct that the drug you ingested meant that you were less capable of driving safely and controlling the vehicle, than a person with a zero-drug level.  Your drug use also meant that you were medically unfit to be interviewed upon your arrest.

·        While there is no evidence that you drove in excess of the speed limit, the footage confirms that you continuously drove significantly faster than other road users at the time.

·        You attempted to overtake the red Ford falcon in a location where broken white lines were on the road.  I do not accept that this mitigates the seriousness of this incident, as there was oncoming traffic, which made it a highly dangerous manoeuvre.  The airwing footage clearly depicts that your decision was unsafe.

·        The medical material confirms that fortunately, the victim is expected to fully recover from the physical injury he suffered.

·        The fact that you were unlicenced does not make your conduct more risky.

·        You actively avoided being intercepted by police as you continued to offend.

40

I consider that your overall moral culpability is relatively high, in light of the duration of your offending and all of the circumstances.  This assessment is despite your troubled upbringing, that I will refer to later in these reasons.  The serious consequences that can result from this type of driving are readily apparent.  The

airwing footage only needs to be viewed to confirm the high risk that you posed to the safety of other road users, as well as members of the public.

41

The prosecution submits that the conduct that resulted in the charge of negligently causing serious injury has a high degree of seriousness, in the context of the

airwing footage, which provides the opportunity to compare your manner of driving with other road users, as well as the long-term injuries to the victim and their impact on him.

42Your counsel has submitted that the objective gravity of the charge is mid-range, based on the level of the serious injury suffered by the victim, when viewed in the context of your overall negligence.

43When assessing the objective gravity of your conduct for this charge, I consider that your negligence was at the higher end, although the consequences were towards the lower end of the broad range of injuries within this category.  In those circumstances, I accept that the charge falls within a mid-range of seriousness.

44You admit that you failed to stop after the accident.  You were aware of the presence of police members and it was most fortunate that they were readily available to assist the victim. 

45I consider the seriousness of the balance of charges are adequately reflected in the agreed facts outlined in the summary.

46You have a relevant criminal and driving history, encompassing four prior court appearances for offences of dishonesty, driving and violence and three traffic infringement notices.  The current charges demonstrate a significant escalation in the seriousness of your offending. 

47Your most recent prior conviction involved an appearance at the Sunshine Magistrates' Court on 1 June 2020.  You were sentenced to 13 days' imprisonment and a therapeutic community correction order.  The current offences occurred within months of the commencement of that order.  It is conceded that this is an aggravating feature of your offending.

48You are an Aboriginal man, born in September 1987.  You are now 34 years of age. 

49You are the oldest of eight children.  You had a difficult childhood with a lack of stability in your home life.  Your parents separated when you were young and at the outset, you had no contact with your biological father.  You lived with your mother and stepfather until you were around nine years old. 

50Your stepfather was physically violent towards you and you witnessed him perpetrating abuse against your mother.  Your maternal grandmother lived on the property and was your primary carer.

51At nine years of age, you went to live with your father and stepmother.  Your family moved regularly due to your father's work.  Your father and stepmother separated when you were around 15 or 16 years old.  Your stepmother was supportive of you and remains so.  You left the family home at around the age of 15.  Since that time, you have not been able to maintain stability in your accommodation.

52You attended a number of different primary and secondary schools.  You were diagnosed with a learning disability and attended a special school in Sunshine.  You were expelled from secondary school, and you have no recollection of the year level that you attained. 

53You are unable to read or write.  You have undertaken courses to assist your employment, and you have previously worked in jobs including labouring, truck driving and machinery work.  Your most recent job was on the railways, for three years.  You were unemployed for some time prior to being remanded and in receipt of Centrelink benefits. 

54You have had two or three significant relationships, the longest of which lasted for three years and resulted in the birth of your son, who is now five years old.  You and your former partner separated some time ago, and your son resides with his maternal grandmother.  While in custody, you speak with her regularly and you intend to reside with her and your son in Strathmore, upon your release.  You also maintain the support of your grandmother, stepmother, and father.  You no longer have a relationship with your mother.

55You were exposed to drug use from an early age, as a result of your family and friends' behaviour.  You began using cannabis at the age of 12 years, to reduce the severity of the distressing recollection of your stepfather's abuse.  After your most recent relationship with your partner broke down, you were unable to see your son and you commenced using methylamphetamine.  You report that the more you used this drug, the less you felt your negative emotions.  At the time of your offending, you were using approximately 1.7 grams per day.

56

At the request of your solicitor, you participated in a psychological assessment undertaken by Dr Aaron Cunningham.  His report has been tendered to the Court,

dated 1 March 2022. 

57

In Dr Cunningham's view, the breakdown of your relationship precipitated aggravation in your depression.  Your abuse of methylamphetamine increased, resulting in your inability to maintain stable accommodation or employment.  In

Dr Cunningham's opinion, methylamphetamine was the main contributor to your offending behaviour. 

58Dr Cunningham confirms that you present with intellectual impairments.  You have previously been prescribed medication for ADHD, although you report it had bad side effects on you and you ceased using this medication while using methylamphetamine. 

59Dr Cunningham found that you present with significant symptoms of depression, anxiety and symptoms of trauma.  In his opinion, these stem from the abuse during your childhood and lack of stability in your adult life.  Your ability to regulate these negative emotions are complicated by your intellectual impairment.  In his view, you would meet the criteria for a DSM-V diagnosis of persistent depressive disorder. 

60In your discussion with Dr Cunningham, you stated that you are willing to participate in drug and alcohol support.  A number of certificates have been tendered, confirming that you have accessed drug treatment while incarcerated.  In Dr Cunningham's view, given your intellectual impairment, you would benefit from rehabilitative support when you return into the community.

61You disclosed to Dr Cunningham that you have a level of support in the community and stable accommodation available to you.  You also have the prospect of employment upon your release, with the assistance of your father.  You present with insight into the wrongfulness of your behaviour and the risk that drug abuse poses for further offending.  In Dr Cunningham's view, ceasing drug use is the main factor in decreasing your risk of re-offending.  He assesses you as currently presenting as a moderate risk of future violent offending, although drug abuse would increase this risk. 

62You were remanded on 29 October 2020 and have been incarcerated since that time.  You were initially held at the Ravenhall Correctional Centre before being moved to the Marngoneet Correctional Centre, where you remain. 

63Due to the COVID-19 pandemic, you were subject to an initial 14-day quarantine period when remanded.  This included less than 10 minutes out of your cell each day.  Visits from family members have only been able to proceed for brief intervals of time.  Given the evolving nature of the pandemic, it is unclear how long the conditions that form part of the current custodial environment will continue.

64Your father suffered a stroke and heart attack in January 2021.  This has weighed heavily on you, as you have been unable to see him while you have been in custody. 

65While vocational and educational programs are more limited at the current time,

you have been able to undertake some courses.  You have also engaged in employment as a unit cleaner and in the kitchen.  You are currently not working, as you have commenced a highly beneficial program, teaching you how to read.

66I take into account that the onerous custodial conditions occasioned by the pandemic have added to your hardship as a prisoner.  There is no dispute that your time in custody has been more burdensome, and that these hardships justify a sentencing benefit.

67

You were placed into custody at the time of these offences.  Your matter proceeded as a straight hand-up brief to the County Court on 14 July 2021, where you entered a plea of not guilty.  An emergency case conference was conducted.  There was no dispute that you were involved in your offending conduct.  Ongoing discussions took place, in order to determine the appropriate charges.  An updated indictment was filed and your plea of guilty was entered on 8 December 2021.  

Your plea was heard on 8 March 2022.

68Your plea has a significant utilitarian benefit.  You have saved the Court and the community the time and expense of running a trial.  You have spared the victims the ordeal of giving evidence.  In those circumstances, you have facilitated the efficient administration of justice and are entitled to a benefit for that.

69Your plea of guilty has an additional benefit at the moment, given the delay in jury trials that has resulted from the COVID‑19 pandemic.  I consider the utilitarian benefit of your plea to be enhanced by the fact that it was entered at the current time.  The timing of a plea of guilty should attract a more pronounced amelioration of sentence than at another time.

70It also demonstrates that you have accepted responsibility for your offending.  Your counsel submits that it is also consistent with remorse.  With assistance, you have prepared an undated letter of apology to the court, outlining the shame and disappointment that you feel as a result of your previous lifestyle.  You acknowledge that the interventions enabled by your incarceration have had a positive influence on you and will assist you when you re-enter the community.  You acknowledge that you will “pay” for your misconduct, but you look forward to reconnecting with your family and your son, in a better version of yourself than in the past.

71Your plea of guilty is consistent with your developing insight into your criminal behaviour.  Your effort to engage with rehabilitative programs in custody will assist you to pursue a better lifestyle.  

72Upon your release, you have arranged more stable accommodation with family support, away from the Melton area.  This will help you to achieve a more prosocial lifestyle and to reduce the risk of re-engaging with negative social influences.  Remaining drug free is a critical factor if you are to achieve success

73In your interview with Dr Cunningham, you stated that you were “an idiot because you had hurt others”.  He opined that you present with insight into the wrongfulness of your behaviour.  I consider that your prospects of rehabilitation are moderate and that they have significantly improved, since the time of your remand.

74The prosecution has questioned the timing of your letter to the Court, suggesting that it should not be accorded much weight, as it was received at the last minute.  I do not accept this submission.  Your expression of remorse is consistent with your guilty plea and the content of your discussion with Dr Cunningham.  Further, it is accepted that your capacity to read and write is very limited.  In those circumstances, the preparation of a letter to the Court was not an easy task for you.  I consider that you have undertaken a period of self-reflection while in custody, which has resulted in a change to your future goals.

75

The prosecution agrees with your counsel's submission that the principles of

Bugmy v The Queen[1]

are enlivened in your case, and that this is a mitigating factor.  Your circumstances of deprivation, abuse and social disadvantage during your formative years are relevant considerations in your case and applicable to the overall sentencing process here.  

[1][2013] HCA 37.

76While I am still required to give some weight to the principles of general deterrence, specific deterrence, denunciation and just punishment for your offending behaviour, they are to be moderated in light of those factors.  This is counterbalanced, however, by the principle of community protection, which remains a relevant sentencing consideration, particularly as this case involves a significant risk to the safety of members of the community, as a result of your driving.

77While it has been conceded that a term of imprisonment will be imposed in your case, your counsel has submitted that it would be appropriate to impose a

Community Correction Order as part of the sentencing disposition.  The

maximum term of imprisonment available for a combination disposition is

12 months from the date of this sentence.  

78The prosecution submits that a term of imprisonment with a non‑parole period is appropriate.

79In my view, even if a Community Correction Order was imposed in combination with the maximum term of imprisonment and taking your pre-sentence detention into account, it is not a realistic sentencing option.  The end result would be a sentence that is disproportionate to the objective gravity of your offending.  Your conduct necessitates the imposition of a term of imprisonment, notwithstanding the mitigating material provided on your behalf.  I am unable to accede to your counsel's submission.

80Ongoing professional intervention is required if your rehabilitation is to be successful.  A period of supervision provided by parole will form part of this sentence, which will be of benefit to you and to the community. 

81I take into account the maximum penalty for these offences and current sentencing practices.  The principle of totality needs to be considered in light of this being a course of criminal conduct.  I accept that there is considerable overlap between the driving offences, and I have taken care not to doubly punish you.  

82I have endeavoured to tailor your sentence to ensure that it is proportionate to your overall criminal conduct.

83Balancing all these factors as best I can, I sentence you as follows:

Charge	Offence	Sentence	Cumulation
1	Theft of motor vehicle	1 year imprisonment	2 months
2	Negligently cause serious injury	2 years and 6 months’ imprisonment	Base
3	Conduct endangering life	2 years’ imprisonment	4 months
4	Fail to stop and render assistance	9 months’ imprisonment	3 months
5	Conduct endangering life	2 years’ imprisonment	4 months
6	Conduct endangering life	2 years’ imprisonment	4 months
7	Common law assault	6 months’ imprisonment	1 month
Related summary offences
14	Unlicensed driving	2 months’ imprisonment	Nil
21	Without excuse enter private place	3 months’ imprisonment	Nil
23	Without excuse enter private place	2 months’ imprisonment	Nil
25	Drive while exceeding PCD	$500 fine with conviction	-
Total Effective Sentence:		4 years’ imprisonment
Non-Parole Period:		2 years and 6 months
Pre-Sentence Detention:		531 days

s 6AAA Statement:[2]

5 years and 6 months’ imprisonment

NPP: 3 years and 9 months

[2] Sentencing Act 1991 (Vic).

Other orders:

·     In relation to the fine, I will not grant a stay for the payment of the fine and direct that the fine be immediately referred to Fines Victoria.

·     Charge 1: your licence is cancelled and you are disqualified from driving for 1 year.

·     Charges 2, 3, 5 and 6: your licence is cancelled and you are disqualified from driving for 5 years on each charge.

·     Summary charge 25: your licence is cancelled and you are disqualified from driving for 6 months.

·     All periods of licence disqualification are to commence on the date of your remand, and are to operate concurrently.

84

I will just go through the sentence again.  It is a base sentence of

two-and-a-half years for Charge 2.  Then two months is added for Charge 1 (theft),

four months on each count of conduct endangering life which adds a total of

12 months, three months for failing to stop and render assistance and one month

for common law assault which then makes a total affective sentence of four years.

85HER HONOUR:  Could I just check with Mr Pickering; were there any orders for forfeiture or disposal sought? 

86MR PICKERING:  No, there weren't, Your Honour.

87HER HONOUR:  All right, thank you.  Is there anything further that you'd like to raise?

88MR PICKERING:  No, Your Honour.

89HER HONOUR:  Ms East?

90MS EAST:  No, Your Honour.

91HER HONOUR:  All right, thank you.  I'll now leave the Bench and if you'd like to have another word to my associate about the sentence, I'm happy to leave the sentence here, but I will then excuse the prosecution parties and give Ms East a chance to speak with her client. 

92MS EAST:  As Your Honour pleases.

93HER HONOUR:  Thank you.  I'll adjourn the court. 

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