Director of Public Prosecutions v Reid
[2023] VCC 2034
•1 November 2023
| IN THE COUNTY COURT OF VICTORIA | Revised Not Restricted Suitable for Publication |
AT SHEPPARTON
CRIMINAL JURISDICTION
CR 23-01137
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| DARREN REID |
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JUDGE: | HIS HONOUR JUDGE M.P BOURKE |
WHERE HELD: | Shepparton |
DATE OF HEARING: | |
DATE OF SENTENCE: | 1 November 2023 |
CASE MAY BE CITED AS: | DPP v Reid |
MEDIUM NEUTRAL CITATION: | [2023] VCC 2034 |
REASONS FOR SENTENCE
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APPEARANCES: | Counsel | Solicitors |
| For the Director of Public Prosecutions | Mr A. Moore | |
For the Accused | Ms L. Dubroja |
HIS HONOUR:
1Darren Reid, on indictment N1279520 you are to be sentenced for two charges of theft, one charge of damaging an emergency service vehicle under s317AG of the Crimes Act, two charges of criminal damage of property under s197 of that Act and one charge of attempting to escape from a police officer.
2The maximum sentences are 10 years' imprisonment for theft and criminal damage, 5 years' imprisonment for damaging an emergency service vehicle and for attempted escape.
3You are also to be sentenced for the following summary offences. Dangerous driving, maximum of two years' imprisonment. Failing to stop after a motor vehicle accident, maximum of 14 days' imprisonment. Unlicensed driving, six months' imprisonment. Committing an indictable offence on bail, three months' imprisonment. Resisting an emergency worker, six months' imprisonment. Using an unregistered vehicle, maximum being a fine of 25 penalty units. Conduct prejudicial to a good order of a police gaol, maximum fine of 10 penalty units.
4You pleaded guilty before me on 26 October. There had been an earlier arraignment and pleas of guilty to the indictment on 18 September. When interviewed by police on 29 December 2022 you exercised your right to silence. There was a contested committal in July 2023, after which you pleaded not guilty to the charges then alleged against you. The main challenge at committal had been directed at a more serious charge or charges. After negotiation in this court at least one or some of those were withdrawn and you have pleaded to this indictment.
5You receive the benefit of your plea of guilty and that cooperation in the proceeding. Your plea has accepted responsibility, expressed remorse and has facilitated the interests of justice. That utilitarian benefit is, to some extent, the greater given the still ongoing, albeit now lesser impact of the COVID-19 pandemic upon the criminal justice system.
6At your plea hearing, also on 26 October, Mr Moore tendered a written prosecution opening. Ms Dubroja, for you, provided a written outline of plea submissions. This morning she tendered the forensic psychological report of Carla Lechner dated 26 October 2023. Ms Dubroja's outline of plea submissions included reference to Sentencing Advisory Council statistics for the offence of damaging an emergency service vehicle.
7On 26 October I requested a report as to your suitability for a community corrections order. I have now received the report of Nathan Little, dated 31 October 2023.
8The circumstances of your offending are comprehensively set out in the tendered Crown opening which is Exhibit A. My own summary may therefore be shorter. It is also informed by matters put on your behalf, not challenged by the Crown.
9These offences, both indictable and summary, were committed in the period 20 December and 27 to 28 December 2022. Your life has been badly affected by drug dependence and I accept that you were using methylamphetamine daily. There are two offences of theft, on 20 and 27 December. You stole substantial quantities of groceries from Woolworths and Coles supermarkets in the Shepparton area. At Woolworths on 20 December the value was about $440 and at Coles on 27 December about $960. The method appears to have been to scan selected items in the automatic checkout area but to leave without scanning the credit or like card for payment.
10You were with your partner, Alexandra Horsley on 20 December and with her and others on 27 December. Using the same method Horsley stole goods to the value of about $990 on 27 December. She has been charged and sentenced to a fine. You are not charged with that theft.
11I accept that these thefts were motivated by the need to fund your drug use. The enterprise was not highly sophisticated but I find an element of organisation and thought. There was an arguably legitimate chance of not being detected; although there was CCTV footage captured on 20 December.
12Unlike that day, on 27 December you were observed by Coles' staff and the police were called. They attended at about 8 pm when you were still in the car park at your car. Their vehicle, self-evidently a police vehicle, blocked you in and they began to get out. You reversed back quickly striking and damaging the police vehicle. You drove over the median strip in front of you and drove quickly, away striking and damaging two civilian vehicles there.
13Investigation and a sighting of you led to arrest on the following day at a Shepparton retail store. You resisted that but ultimately were successfully handcuffed and taken into custody. Your vehicle was seized and examined. It was not registered. You were not licenced to drive.
14In the police cell at Shepparton you injured yourself suffering a small cut when hitting your head against the cell wall. You were taken to hospital for treatment. After that, when leaving, you tried to escape the police escort. You were quickly controlled.
15You were on bail, granted on 24 April 2023, at the time of the offending before me. That is the indictable offence on bail charge. The indictable offence particularly identified is the damage to emergency service vehicle happening when you rammed the police vehicle in the Coles car park on 27 December. The hearing of the charge for which you were on bail is pending.
16You are a 32 year old man awaiting this sentence in remand custody. You were remanded upon being charged and have therefore now been in that custody for 308 days.
17Your parents separated when you were two years and you were raised by your father and step-mother. Your father was away a lot working as a truck driver. The combined families were eight children which caused hardship and difficulties for you. Your natural mother was a drug user and you were exposed to domestic violence by partners when in her care. You are estranged. You state good relationships with your father and your siblings.
18You went to school in Stanhope, Rushworth and Shepparton. You left to work without completing Year 9. You completed all but one year of a butcher's apprenticeship. Employment since has not been consistent, largely because of your drug use and its consequences. You began using at 15. You moved from cannabis to methylamphetamine at 20. The only periods of abstinence have been while in prison and periods whilst on court or parole orders.
19Your criminal record reflects this. I count, between November 2013 when you were 22 and December 2021, nine court appearances. I bear in mind some duplication of proceedings given, for example, return to court for breach of an earlier order or orders. There are offences of dishonesty but also of violence and driving offences. There are also several driving offences recorded by VicRoads between 2011 and 2016. Your driving record includes driving whilst disqualified and unlicensed, and failing to stop.
20In June 2018 you were sentenced to a total sentence of five years and 10 months with a minimum term of four years for armed robberies, thefts and driving offences. There was also the offence of using a firearm as a prohibited person. Four hundred and twenty one days of pre-sentence detention were declared. You were paroled in early 2021 and successfully completed that parole of 12 months. You abstained from drug use during that time, starting a business as a handyman; however, relapsed in 2022 after meeting a drug acquaintance in a hotel. As I have said, you were using daily when you committed these offences in late 2022.
21When you leave prison you plan to live with Alexandra Horsley who has moved to Gippsland. She studies and is drug free. You have been in a relationship for about 10 years. In remand custody you are drug free and on a methadone program. You are studying business in a TAFE training program.
22You are prescribed medication for anxiety and depression. These conditions seem to have been long term. Ms Dubroja's outline of submissions states a period of about two months in a psychiatric hospital in your early 20s. One surmises that drug abuse was at least a contributor to that. You stated to Ms Lechner that you attempted suicide at that time in the context of your grandmother's death. Ms Lechner reports symptoms of post-traumatic stress order arising out of childhood exposure to domestic violence, and diagnoses stimulant use disorder.
23This was wanton, desperate and dangerous offending. It offended against and endangered members of the public, and police officers going about their duty. Neither drug dependence nor intoxication provide mitigation. You have a significant and relevant criminal history. At least some, if not a good deal of prior offending drug driven.
24Such circumstances make relevant sentencing considerations and purposes of your moral culpability, both general and specific deterrence, the need to condemn the offending and to proportionately punish it. Deterrence is an important sentencing purpose. Community protection is relevant. A sentence entailing imprisonment beyond what you have served is necessary.
25However, I also take into account moderating factors which should impact upon the length of sentence and how it is structured. Those include the following.
261. Your plea of guilty, as I have described.
272. To some extent your personal history and circumstances. Drug dependence offers no mitigation but some explanation. Your mental health history, although not very detailed before me, is relevant.
283. One cannot feel very positive about rehabilitation for you. However, I do not discount it. You have a stable accommodation and situation available to you upon release, well away from the Shepparton area. You have shown yourself capable of meeting the requirements and supervision of parole, refraining from drug use. Being able to do so and maintaining that upon release from prison on my sentence is critical to your chances. I propose giving you the opportunity under the supervision and assistance of a community corrections order to do so.
294. Ms Dubroja raised the principle of totality. That must be considered in the context of ss16(3C) and 16(3D) of the Sentencing Act given the offence of damaging an emergency service vehicle and that all of the offending was committed whilst on bail. The close connection in time, nature and circumstance of the offending leads me to sentence other than in accordance with the provisions of those sections, albeit giving them some appropriate reference.
305. Current sentencing practices have also been raised and have here some significance. Particularly the Sentencing Advisory Council data for sentencing on damaging an emergency vehicle under s317AG of the Crimes Act has had relevance to my consideration of the availability of a combined sentence and the overall length of my total sentence.
316. I have also taken into account the still ongoing, although perhaps now lesser impacts of the COVID-19 pandemic upon prisoners. I bear in mind that as to this you have been in custody since late 2022.
32Ultimately, I am persuaded that such a combined sentence can properly meet the relevant matters and sentencing purposes. You are found suitable for a community corrections order upon prison release. That order should contain both rehabilitative and punitive conditions. The punitive conditions (for example, unpaid community work) being to an extent tempered by the fact and punishment of imprisonment for the period of 21 months before release.
33I sentence you as follows.
34On the indictable charges before me: On Charges 1 and 3, theft, six months' imprisonment on each.
35On Charge 2, damaging emergency vehicle, 12 months' imprisonment.
36On Charges 4 and 5, criminal damage, four months' imprisonment on each.
37On Charge 6, attempted escape, one month's imprisonment.
38On the summary offences punishable by imprisonment: For dangerous driving, four months' imprisonment. For failing to stop after a motor vehicle accident, seven days' imprisonment. For unlicensed driving, one month's imprisonment. For committing an indictable offence on bail, one month's imprisonment. For resisting an emergency worker, two months' imprisonment.
39As to cumulation, I direct that three months of each of the sentences on Charges 1 and 3 and one month of each of the sentences on Charges 4 and 5 and one month of the sentence for the summary offence of dangerous driving be served cumulatively upon the sentence for Charge 2 and upon each other.
40That is a total effective sentence of 21 months.
41I declare under s18, 308 days already served.
42I also impose on all of those charges and the summary offences of using an unregistered vehicle and conduct prejudicial to good order of a gaol, a community corrections order of duration 20 months. The usual terms apply. The additional conditions are that you be under supervision; that you perform 200 hours of unpaid community work, 50 hours of program work to be set off against that; that there be assessment and treatment for drug dependence and that you participate as directed in programs specifically focused on your offending.
43Had you not pleaded guilty I would have imposed a sentence of three and a half years with a minimum term before eligibility for parole of two and a half years.
44Are there any other orders that I need to make, Mr Moore?
45MR MOORE: No other ancillary orders. No.
46HIS HONOUR: There are no licence disqualifications required of me?
47MR MOORE: I'll just double-check.
48HIS HONOUR: I would only impose them if it was required of me. I think when people go to prison for a period they should be - one should bear in mind that punishment and that prospects of rehabilitation are enhanced if they have an opportunity of being able to drive. But if I am obliged to impose something I must. I will just get the community corrections order printed out.
49MR MOORE: There's a forfeiture and disposal order.
50HIS HONOUR: All of the offences are a community corrections order. All right. It is suggested in the report that Mr Reid report to the Morwell Community Corrections Centre.
51MR MOORE: What's the forfeiture order for?
52HIS HONOUR: I can still put the order to you. When you are released from prison, Mr Reid, you will commence a community corrections order for all of the offending which was before me. You must attend at the Morwell Justice Service Centre at 25 Ann Street, Morwell within two days of that release. There will be contact with you as the date approaches.
53The usual terms are that you do not commit another offence for which you could be imprisoned during the time of the order. That you comply with a regulation that you do not attend any program or appointment affected by alcohol or drugs or in possession of illegal drugs.
54You must report to and receive visits from Community Corrections. As I have said, you must report to the relevant Community Corrections Centre within two days of release. You must let Community Corrections know within two days of a change of address or job. You must not leave Victoria without first getting their permission. You must obey all lawful instructions and directions of Community Corrections.
55Just excuse me for a moment. The additional conditions are that you perform 200 hours of unpaid community work over that period of 20 months as directed. I order that 50 hours of treatment and rehabilitation program work can be set off against the unpaid community work.
56You must be under the supervision of a Community Corrections officer.
57You must undergo assessment and treatment for drug abuse and dependency as directed.
58You must participate in programs and/or courses that address factors relating to this offending.
59Did you want to raise something?
60MR MOORE: There's a forfeiture and disposal order, Your Honour.
61HIS HONOUR: All right. What are they in relation to?
62MR MOORE: It's sort of a car. The car involved.
63HIS HONOUR: I see. Yes. I will come back to that. I will finish this now.
64MR MOORE: Yes.
65HIS HONOUR: Do you understand all of that?
66OFFENDER: Yes, Your Honour.
67HIS HONOUR: And do you agree to it?
68OFFENDER: Yes.
69HIS HONOUR: Well I will sign it now and it will be sent to you where you are. Where are you?
70OFFENDER: Port Phillip Prison.
71HIS HONOUR: Thank you. All right. There we are. I have signed it but I will need to sign the proper one. I will give it to you now. Now the forfeiture orders are what? The car and what else?
72MR MOORE: There's a list of about half a dozen sundry items, Your Honour. They're in a schedule to the order.
73HIS HONOUR: I think they are getting printed out now.
74MR MOORE: Yes.
75HIS HONOUR: Good. Thank you.
76MR MOORE: I don't think that we're applying for any licence order, Your Honour.
77HIS HONOUR: All right.
78MR MOORE: But we're just checking that.
79HIS HONOUR: All right. Now there is a forfeiture order with a schedule. Did you say a forfeiture and a disposal order? In other words two orders?
80MR MOORE: Just forfeiture.
81HIS HONOUR: Just a forfeiture order and it sets out in a schedule car parts. A key chain related to a vehicle. A cap. Sunglasses.
82MR MOORE: I think there's a - - -
83HIS HONOUR: There are two cars. Yes. One is XIM 444. That must have been damaged and a Toyota Lexcen. Do you have anything to say about those orders? All right. Well I will sign those orders.
84MS DUBROJA: Thank you, Your Honour.
85HIS HONOUR: All right.
86MR MOORE: Just bear with us for a minute.
87HIS HONOUR: Yes.
88MR MOORE: Well we don't make any application for a licence order,
Your Honour.89HIS HONOUR: All right. Good. Thank you, Ms Dubroja, for your assistance today and the other day. I will turn you off now and I will turn you off, Mr Reid.
90MS DUBROJA: Thank you, Your Honour.
91OFFENDER: Thank you.
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