Director of Public Prosecutions v Reid
[2017] VCC 736
•7 June 2017
| IN THE COUNTY COURT OF VICTORIA AT SHEPPARTON CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
Case No. CR-16-01742
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| DARREN REID |
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JUDGE: | HIS HONOUR JUDGE SMITH | |
WHERE HELD: | Shepparton | |
DATE OF HEARING: | 17 March 2017 | |
DATE OF SENTENCE: | 7 June 2017 | |
CASE MAY BE CITED AS: | DPP v Reid | |
MEDIUM NEUTRAL CITATION: | [2017] VCC 736 | |
REASONS FOR SENTENCE
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Subject: CRIMINAL LAW - SENTENCE
Catchwords: Theft – obtain property by deception – armed robbery – intentionally damaging property – using a firearm while a prohibited person - burglary
Legislation Cited: Crimes Act 1958 (Vic) - Sentencing Act 1991 (Vic)
Cases Cited: R v Verdins & Ors [2007] VSCA 102
Sentence: 5 years and 10 months imprisonment with a non-parole period of 4 years
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Mr T Hoare | Solicitor for the Office of Public Prosecutions |
| For the Accused | Mr T Fitzpatrick | Victorian Legal Aid |
HIS HONOUR:
1 Darren Reid, you have pleaded guilty to:
· eight charges of theft;
· one charge of obtaining property by deception;
· three charges of armed robbery;
· one charge of damaging property;
· one charge of using a firearm whilst a prohibited person; and
· one charge of burglary.
2 In addition, you have pleaded guilty to a number of summary offences to which you have consented to this court hearing. They consist of:
· driving a motor vehicle and failing to stop when requested to do so by a police officer;
· two charges of fraudulent use of licence plates on a motor vehicle;
· six charges of driving a motor vehicle whilst disqualified; and
· driving a motor vehicle exceeding the speed limit.
3 These multiple offences were committed by you at various locations in North East Victoria – Shepparton, Kyabram, Mooroopna, Merrigum, Undera, Rushworth and Tatura – over a period of about three weeks, between 24 March and 13 April 2016. You may be seated for the moment.
4 The circumstances in which each of your offences were committed were set out in some detail in the prosecution opening for plea, which was tendered at your plea hearing. I do not intend to go through that document – consisting of some 11 pages in all – in unnecessary detail. It is sufficient that I summarise your offending as follows.
5 Between 24 and 29 March 2016, you borrowed a Mitsubishi Lancer from a friend and did not return it. That conduct constitutes Charge 1, the offence of theft of a motor vehicle.
6 Between the same dates you stole a set of vehicle registration plates and placed them on the Mitsubishi Lancer. That conduct constitutes Charge 2, theft.
7 On or about 29 March you entered into an agreement with the owner of a red Holden Commodore, whereby you swapped the Mitsubishi Lancer for the Commodore. The Mitsubishi Lancer was, of course, not yours to swap. That conduct constitutes Charge 3, the offence of obtaining property by deception.
8 Having taken possession of the red Commodore, on 29 March you stole petrol from a service station at Kyabram. That conduct constitutes Charge 4, theft.
9 On 2 April, you stole petrol again from the same service station. That constitutes Charge 5, theft.
10 On 11 April, you borrowed a blue Commodore sedan from a friend. It was never returned by you to her. That conduct constitutes Charge 6, theft. You changed the registration plates on it.
11 On the same day, you committed an armed robbery at the Undera General Store. You pointed a gun at the store attendant and took it and stole approximately $500 in cash. That conduct constitutes Charge 7, armed robbery.
12 On the same date you and a friend named “Barber” drove around the district in the blue Commodore before driving to Merrigum. You entered the Merrigum café with a gun, pointed it at the café attendant and took approximately $400 in cash, together with the electronic cash register. That conduct constitutes Charge 8, armed robbery.
13 On the same date you drove to Rushworth, purchased spray paint and partially spray painted the blue Commodore a different colour. That conduct constitutes Charge 9, damaging property.
14 On the evening of 11 April you drove the Commodore to a service station at Kyabram, where you stole petrol. That conduct constitutes Charge 10, theft.
15 On that night you drove to a house in Mooroopna. You had with you a shortened rifle. From within the vehicle in which you were travelling, you fired the rifle, smashing the rear window of a motor vehicle parked outside the house in question. By means of your mobile telephone you had filmed parts of this incident and provided a narration of the footage. The film with your narrative was shown at your plea hearing. As you approached the house you were recorded saying the following words:
“Pin’s pulled back, guns loaded. Sorbie, say hello to my little friend. We’re just going to drive up here now and go past Sorbie’s. See how tough he is when I put this through his fucking window. Turn the lights off. Coming up to Sorbie’s now, I think it is one of these ones.”
16 The sound of a firearm discharging can then be heard. That conduct constituted Charge 11, use of a firearm whilst a prohibited person. The car was heard to be revving loudly as it was driven away. As you drove away you were recorded as saying the following words:
"Bang, Sorbie, bang, bang".
17 There were three people in the house at that time and it appears that "Sorbie" was an abbreviation or a nickname of one of the persons in the house.
18 Your actions in filming this event and recording yourself talking during it is puzzling. I can only assume that you were proud of your actions and intended watching and listening to it again on future occasions or possibly to show it to other persons.
19 On 11 or 12 April 2016, you stole registration plates from the blue Commodore at Merrigum. That conduct constitutes Charge 14, theft.
20 On 11 or 12 April 2016, you forced entry into the Rushworth Lawn Tennis Club and stole numerous items of equipment from there. That conduct constitutes Charge 12, burglary, and Charge 13, theft.
21 On 12 April 2016, you committed a further armed robbery at the Shell Service Station at Byrneside. You entered the service station, pointed a gun at the attendant, threw a black bag to him and told him to put the money in it. You also stole some assorted sunglasses and food items from the service station. That conduct constitutes Charge 15, armed robbery.
22 On the same day you engaged in spray painting the blue Commodore and whilst doing so you were arrested by police.
23 With regard to the summary charges, with one exception, they are adequately described by the title of the offences to which you pleaded guilty. With respect to Charge 2, failing to stop the vehicle you were driving at the request of a police officer, the circumstances there were that on 31 March 2016 you were observed by police driving the red stolen Commodore with stolen registration plates. A police officer activated his police vehicles emergency beacons. You did not pull over but fled from the area. The vehicle was later located and seized by police.
Background
24 By way of background, you are aged 26. At the time of these offences you were aged 25.
25 You grew up predominantly in the Shepparton area. Your parents separated when you were about two years old. You resided mainly with your father due to your mother’s ongoing drug and alcohol addiction.
26 You had a disruptive and problematic education, attending no less than six different primary schools. You left school after Year 9 at Rushworth. You have learning and literacy difficulties.
27 When you were aged 21 your grandmother, with whom you were apparently close, died. I was told that you became overcome with remorse and developed depression as a result of which you attempted suicide and required some six-months’ admission to a psychiatric facility. Upon your release you were prescribed psychotropic medication but soon relapsed into alcohol and drug abuse.
28 You have been in a relationship with your partner for the past three years and I was told that you still enjoy her support.
29 By way of employment, you worked in a butcher’s shop after leaving school for some three years. You ceased that employment when you commenced using drugs and you have not worked since 2011.
Prior Convictions
30 You have a number of prior convictions.
31 In November 2013, you were convicted of reckless conduct endangering serious injury, intentionally damaging property and carrying a dangerous article in a public place. You were sentenced to nine months’ imprisonment, wholly suspended.
32 In July 2015, you were convicted of offences, including recklessly causing injury, and sentenced to an aggregate of 21 days’ imprisonment.
33 Also in July 2015, you were convicted of intentionally damaging property, carrying a dangerous article in a public place, unlicensed driving and reckless conduct endangering serious injury. You were sentenced to nine months’ imprisonment, wholly suspended.
34 In November 2015, you were convicted of theft from a shop and fined.
35 In January 2016, you were convicted of armed robbery and sentenced to seven months’ imprisonment and, upon your release, to a two year Community Correction Order involving a number of conditions.
36 In February 2016, shortly before the subject offences were committed, you were convicted of making a threat to kill and theft of a motor vehicle. You were sentenced to an aggregate of 16 days’ imprisonment. You were disqualified from driving for three months.
General
37 For a relatively young man you have a long and serious criminal history. The offences for which I am to sentence you were committed within a very short time after your release from the previous gaol sentence. Further, it appears that you paid little or no heed at all to the terms of your Community Correction Order made in January 2016.
38 A number of victim impact statements were tendered. These were from the attendants at the commercial premises that you robbed, and from others. The victims of your armed robberies were and are, not surprisingly, suffering from stress and anxiety as a consequence of your conduct. One has effectively been unable to work since soon after the robbery.
39 I was provided with the reasons for sentence of Judge Cotterell of this Court, when she sentenced you in January 2016. In her reasons she noted that you had been diagnosed as having a severe stimulant use disorder and a severe alcohol use disorder – that is, using drugs and drinking alcohol too much. A psychologist had indicated at that time that without those habits you would be perfectly normal and able to get on with your life. At that time, Judge Cotterell was persuaded to sentence you to a seven month term of imprisonment, followed by a Community Correction Order. Because of the period of pre-sentence detention it appears that following that sentencing you served a further period in custody of about a month before commencing the Community Correction Order. Within a few weeks of your release you commenced the spree of offences for which I am now to sentence you. It is plain that you paid no attention to the terms and conditions of Judge Cotterell’s Community Correction Order.
40 I am to take into account, amongst other things, the maximum penalties applicable to the offences for which you have pleaded guilty. Those maximum penalties are as follows:
·theft – ten years’ imprisonment;
·obtaining property by deception – ten years’ imprisonment;
·armed robbery – twenty-five years’ imprisonment;
·damaging property, ten years’ imprisonment;
·prohibited person using a firearm – ten years’ imprisonment;
·burglary – ten years’ imprisonment.
41 In relation to the related summary offences to which you have pleaded, the maximum penalties are:
·fail to stop motor vehicle when requested by police – five penalty units;
·fraudulently use registration plates – two months’ imprisonment or ten penalty units;
·drive whilst disqualified – four months’ imprisonment or thirty 30 units;
·exceeding the speed limit, 101 kilometres per hour in a 50 kilometre per hour zone – 20 penalty units.
42 Your counsel has informed me that you had commenced smoking cannabis at the age of 16, with escalating use, up to 7 grams per week. You had commenced drinking alcohol at the age of 17 and became a relatively heavy drinker. You commenced using methamphetamine, or Ice, at the age of 19 and by the age of 22 you were using up to 1.7 grams daily. Whilst using Ice you often went without sleep, the longest period being about two weeks. You have also experimented with other drugs: GBH, ecstasy and various prescription drugs. You are currently prescribed methadone.
43 A report by Dr Carla Lechner, psychologist, dated 10 March 2017, was tendered. On the basis of that report it was submitted that you were of low, average intelligence with a diagnosed stimulant and alcohol use disorder, which was in early remission in circumstances while you were in custody. You have psychological symptoms of depression in the moderate to mild range. It was submitted that a number of principles set out in the Court of Appeal decision of R v Verdins & Ors [2007] VSCA 102 were relevant to you. That is, that your condition should be viewed as reducing your moral culpability for your offending conduct; that your condition should have a bearing on the kind of sentence imposed, that principles of general and specific deterrence should be moderated in a case such as yours, or eliminated as a sentencing consideration.
44 I am not satisfied that it has been shown that you have a mental health condition which reduces your moral culpability for the offences committed by you. It may well be that some or possibly all of the offences were committed while you were affected by illicit drugs, but I do not consider that I should speculate that that was so.
45 Your plea of guilty, it was submitted, indicated a display of remorse for your offending. I accept that your pleas of guilty to these offences have a utilitarian benefit in that witnesses will not be required to give evidence at a trial and valuable Court resources will be saved. However, I am not satisfied that you have truly demonstrated any real remorse for your offending.
46 I am conscious that on the last occasion, when you were before Judge Cotterell in January 2016, you recommenced serious offending within a matter of weeks following your release from custody, notwithstanding the clear terms of the Community Correction Order previously referred to, and the fact that you consented to that Community Correction Order.
47 The offences for which you are before me, especially those relating to the armed robberies and the use of the gun to damage the motor vehicle, are serious ones. I consider that the victims of the three armed robberies were properly described by the prosecution as soft targets. I consider that your conduct in relation to them could be described as cowardly.
48 Your counsel has submitted, and I accept, that the time spent in pre-sentence detention since April 2016 has been more difficult for you than would ordinarily be the case due to regular 22 hour and even 23 hour lockdowns at the Melbourne Remand Centre. Despite this, you have undergone some courses and have apparently commenced early steps towards dealing with drug dependency. You have been assisted, to an extent, by the routine dictated by incarceration in a prison.
49 Your counsel conceded that the big question still remained, namely, what will happen upon your eventual release from custody? It was conceded that a prison sentence was inevitable. It was submitted that a longer than usual period of parole was desirable in your circumstances, and I accept that submission. I accept your counsel’s submission that a term of imprisonment ought not to be a crushing one.
50 Taking into account your difficult and disrupted background; your age; your prior convictions; the seriousness of your offending behaviour; the need to denounce that offending behaviour; the need to deter you and the community in general from committing similar offences in the future, I have come to the conclusion that no sentence other than a significant term of imprisonment can achieve the sentencing purposes set out in section 5 of the Sentencing Act 1991 (Vic). I consider that the need to protect the community from you is a matter that I should not underestimate. Stand up, please, Mr Reid:
· on Charge 7, that is the armed robbery at Wandarra, you are convicted and sentenced to imprisonment for 18 months. This will be the base sentence;
· on Charge 8, the armed robbery at Merrigum, you are convicted and sentenced to imprisonment for 18 months, 12 months of which is to be served concurrently with the sentence imposed on Charge 7;
· on Charge 1, theft of the Mitsubishi vehicle, you are convicted and sentenced to imprisonment for 12 months, 6 months of which is to be served concurrently with the sentence imposed on Charge 7;
· on Charges 2 and 14, that is the thefts of the motor vehicle registration plates at Tongala and Kyabram, you are convicted and sentenced on an aggregate basis to a imprisonment for 1 month;
· on Charge 3, obtaining property, that is a Holden Commodore, by deception, you are convicted and sentenced to imprisonment for 12 months, 6 months of which is to be served concurrently with the sentence imposed on Charge 7;
· on Charges 4, 5 and 10, each relating to theft of petrol, you are convicted and sentenced on an aggregate basis to imprisonment for 1 month;
· on Charge 6, theft of motor vehicle, you are convicted and sentenced to imprisonment for 12 months, of which 6 months is to be served concurrently with the sentence imposed on Charge 7;
· on Charge 9, damaging property, you are convicted and sentenced to imprisonment for 3 months, 2 months of which is to be served concurrently with the sentence imposed on Charge 7;
· on Charge 11, using a firearm whilst a prohibited person, you are convicted and sentenced to imprisonment for 15 months, of which 6 months is to be served concurrently with the sentence imposed on Charge 7;
· on Charge 12, the burglary at Rushworth, you are convicted and sentenced to imprisonment for 12 months, of which 6 months is to be served concurrently with the sentence imposed on Charge 7;
· on Charge 13, the theft at Rushworth, you are convicted and sentenced to imprisonment for 3 months, which is to be served concurrently with the sentence imposed on Charge 7;
· on Charge 15, the armed robbery at Burnside, you are convicted and sentenced to imprisonment for 18 months, 12 months of which is to be served concurrently with the sentence imposed on Charge 7.
51 With regard to the summary offences you are convicted of each of those offences and sentenced as follows:
· on Charge 2, the charge of driving a motor vehicle and failing to stop when requested by a police officer to do so, you are fined the sum of $500. In addition, any licence held by you to drive a motor vehicle is cancelled and you are disqualified from holding such a licence for 6 months commencing on the date of your release from custody;
· on Charges 3 and 18, that is fraudulently using registration plates at Kyabram and Tatura, you are fined on an aggregate basis, the sum of $500;
· on Charges 5, 9, 11, 13 and 28, that is the six charges of driving a motor vehicle whilst disqualified, you are sentenced on an aggregate basis to 6 months' imprisonment, 2 months of which will be served concurrently with the charge imposed on Charge 7, that is the original Charge 7, which is the base sentence. In addition, any licence held by you to drive a motor vehicle is cancelled and you are disqualified from holding such a licence for two years commencing on the date of your release from custody;
· on Charge 29, that is, driving at a speed in excess of the speed limit, namely 101 kilometre per hour in a 50 kilometre per hour zone, you are fined the sum of $500. In addition, any licence held by you to drive a motor vehicle is cancelled and you are disqualified from holding such a licence for 6 months commencing on the date of your release from custody.
52 It follows that the total effective sentence is one of imprisonment for a term of 70 months, that is 5 years and 10 months, together with fines totalling $1,500.
53 I order that you not be eligible for parole until you have served four years' imprisonment. Your counsel has submitted, and I accept, that a somewhat longer than usual period of parole is desirable in your case in order that you might maximize your prospects of rehabilitation with treatment for your prior problems with drug and alcohol addiction.
s.6AAA
54 Pursuant to s.6AAA, I declare that had you not pleaded guilty to these offences I would have sentenced you to a total effective sentence of 7 years' imprisonment with a non-parole period of 5 years.
Discussion
55 Madam Prosecutor, I did not stop when I said I was going to, but is it considered by counsel that I have captured each of the offences?
56 MS HOULIHAN: Yes, Your Honour.
57 HIS HONOUR: Mr Fitzpatrick?
58 MR FITZPATRICK: Yes, Your Honour.
59 MS HOULIHAN: Your Honour, I have two comments about the matter.
60 HIS HONOUR: Yes, please.
61 MS HOULIHAN: Charges 1 and 6, theft of a motor vehicle - - -
62 HIS HONOUR: Hang on. These are the summary offences or the other?
63 MS HOULIHAN: Of the indictable offences, Your Honour.
64 HIS HONOUR: Yes, Charge 1, theft, yes.
65 MS HOULIHAN: Theft of the motor vehicle, and Charge 6, which is also a theft of a motor vehicle.
66 HIS HONOUR: Likewise, yes.
67 MS HOULIHAN: Section 89 of the Road Safety Act requires that a licence cancellation disqualification be applied. There is no mandatory minimum on that but in default it is three months, Your Honour, Sentencing Act, Your Honour.
68 HIS HONOUR: Well, I think what I will do in relation to both those penalties, I will just simply add the same licence disqualification that I have applied elsewhere, namely that in relation to both Charge 1 and 6 I will, in each case, order that any licence held by you to drive a motor vehicle is cancelled and you are disqualified from holding such a licence for six months commencing on the date of your release from custody.
69 Is there anything else that you wanted to bring to my attention?
70 MS HOULIHAN: Just one other, Your Honour.
71 HIS HONOUR: Yes.
72 MS HOULIHAN: The last summary offence, the speeding, summary offence Charge 29.
73 HIS HONOUR: Yes.
74 MS HOULIHAN: Schedule 5 of the Road Safety Act requires a suspension period of 12 months on that charge because of the amounts that he was over.
75 HIS HONOUR: Because it is 101 in a 50 zone.
76 MS HOULIHAN: Yes, Your Honour.
77 HIS HONOUR: Thank you for bringing that to my attention and I will alter the disqualification period from 6 months to 12 months in relation to summary Charge 29.
78 MS HOULIHAN: As Your Honour pleases. There are also the two ancillary orders in this matter.
79 HIS HONOUR: Yes, I will come back to them in just one moment.
80 MS HOULIHAN: All right, thank you, Your Honour.
81 HIS HONOUR: Mr Fitzpatrick, do you have anything to say about that I have not double counted?
82 MR FITZPATRICK: No, Your Honour. I do not disagree with what the learned prosecutor says. The only thing I wish to raise, Your Honour, is that I think Your Honour has actually got to set a date in relation to when the disqualification period commences. I am just trying to look through - - -
83 HIS HONOUR: I cannot say what his date of release from prison would be because whilst one hopes and perhaps anticipates that he will be released on parole at the earliest opportunity, that would depend on many varied things, not the least would be the manner in which he behaves in prison, but that is a matter solely for the Parole Board, is it not?
84 MR FITZPATRICK: It is not the issue of him being disqualified upon his release. The issue is that, from my understanding of the Road Safety Act Your Honour has to actually set a date from when the disqualification commences. I am just trying to look up the provisions now, Your Honour.
85 HIS HONOUR: Yes.
86 MR FITZPATRICK: In relation to the time of disqualification Your Honour's not limited in actual time, in my understanding of the Road Safety Act. It can be for any period but the date of commencement of disqualification is the important aspect.
87 HIS HONOUR: Well, let us just have a look at that.
88 MS HOULIHAN: If I might assist, Your Honour, this matter has been raised previously, obviously, and my understanding is from VicRoads that it is possible to have an unfixed date.
89 HIS HONOUR: I have certainly made such orders in the past.
90 MS HOULIHAN: Yes, and they find it enforceable but the difficulty is them finding out when the release actually occurs.
91 HIS HONOUR: Yes. The difficulty is that if for one reason or another he does not get parole at the earliest opportunity, it is - if he was to serve the complete term and I had the commencement of the disqualification period as being from the date he became eligible for parole, then he would be driving from day one on his release.
92 MS HOULIHAN: Yes.
93 HIS HONOUR: Which is certainly not my intention.
94 MS HOULIHAN: Yes, Your Honour.
95 MR FITZPATRICK: Yes, Your Honour. I think that another issue is that, hypothetically speaking, if he is released on parole at the earliest date but then there is a breach of parole and he goes back into custody, that is where the confusion really lies, whereas if there is a fixed date regardless of the term, then it becomes clear-cut.
96 HIS HONOUR: I can understand what you are saying, and it may be that if he is released either at the earliest date or some date earlier than the complete term, then he, on the way I have drafted these orders, he would be disqualified from driving, from holding a licence, and if he was to re-offend the next week he could - - -
97 MR FITZPATRICK: Yes, Your Honour.
98 HIS HONOUR: Assuming that he was taken back into custody, which may or may not be the case, but depending on the nature of the breach, he would then again, at the end of the complete term, he would be back on the road, if not on day one, on a very early occasion.
99 MR FITZPATRICK: Yes, Your Honour, but it is the confusion that my experience with VicRoads in trying to interpret that, that causes problems. There was one other matter, Your Honour. Did Your Honour raise in relation to the pre-sentence detention?
100 HIS HONOUR: No, I have not and that needs to be just confirmed with me. What is outstanding at the moment?
101 MR FITZPATRICK: We are in agreement, Your Honour.
102 HIS HONOUR: Counsel in agreement? Thank you.
103 MR FITZPATRICK: Yes, Your Honour, it is 421 days not including today.
104 HIS HONOUR: I will note that pre-sentence detention is 421 days not including this date and I will direct that be recorded on the records of this court as time served in relation to these sentences.
105 MR FITZPATRICK: Yes, Your Honour. If possible, if there is an issue in relation to the date, I just want to look through the Act.
106 HIS HONOUR: Yes.
107 MR FITZPATRICK: Yes, if it would be agreeable with Your Honour that I email your associate together with the prosecutor.
108 HIS HONOUR: Yes. Are you anticipating that that might be able to be done today?
109 MR FITZPATRICK: I anticipate I should be able to go out and check it very quickly.
110 HIS HONOUR: Good. I think if you could both check and just see whether there has been any - well, better still, would be some direction from above.
111 MR FITZPATRICK: Yes, Your Honour.
112 HIS HONOUR: That is binding on me, but if that cannot be done you could point me at the particular section. I do know that some of the Commonwealth sentencing legislation specifically says that the commencement date must be stated, whether it be a gaol term or a recognisance release order or whatever.
113 MR FITZPATRICK: Yes, Your Honour.
114 HIS HONOUR: And much of the State legislation does not have the corresponding words but if it is hidden away in there somewhere, if you could bring that to my attention and I will certainly attend to that hopefully today.
115 MR FITZPATRICK: Yes, Your Honour.
116 HIS HONOUR: As far as - sorry, was that all that you wanted to raise?
117 MR FITZPATRICK: That is the only matters, Your Honour.
118 HIS HONOUR: As far as ancillary orders are concerned, what was sought,
Ms Houlihan?
119 MS HOULIHAN: There was one forfeiture and one disposal order.
120 HIS HONOUR: Have I already been given those or you were going to hand them up?
121 MS HOULIHAN: I believe they were handed to Your Honour on the last occasion, but I have prepared fresh ones.
122 HIS HONOUR: Well, if they have been they appear to have wandered. Have you got additional copies there?
123 MS HOULIHAN: I did but it is in my other brief, Your Honour, so I am happy to bring them up to your associate later today if that would assist.
124 HIS HONOUR: Yes. Well, just because it is an open court, the forfeiture order relates to what?
125 MS HOULIHAN: The forfeiture order - sorry, Your Honour - the forfeiture was a firearm forfeiture, Your Honour.
126 HIS HONOUR: I am sorry, the?
127 MS HOULIHAN: A firearm, Your Honour.
128 HIS HONOUR: Yes.
129 MS HOULIHAN: A shortened 22 calibre bolt action rifle.
130 HIS HONOUR: Yes.
131 MS HOULIHAN: And the disposal order, Your Honour, was in relation to car keys, a baseball cap, skate shoes, a jumper, spray paint cans and an Adidas bag, Your Honour.
132 MR FITZPATRICK: Your Honour, I did not oppose those orders.
133 HIS HONOUR: No, I thought that was the case, yes. Yes, I will make those orders. If you could have them prepared and brought up to my associate I will make those orders today. Section 464 not necessary in this case? Previously done on other occasions?
134 MS HOULIHAN: It has been done previously, Your Honour.
135 HIS HONOUR: Yes. The issue about date of commencement of a period of disqualification for driver's licence aside, is there anything else that counsel consider I should be considering at the present time?
136 COUNSEL: No, Your Honour.
137 HIS HONOUR: Yes, Mr Reid can be taken downstairs, thank you.
138 [Later on this date, His Honour received submissions from both parties as to whether or not the Court had power to disqualify the offender from obtaining all Victorian licences and/or permits for a period commencing from the date of the offender’s release from custody. Having reviewed the submissions of both parties, His Honour found that the Court had power to do so. Accordingly, His Honour sentenced as follows:
139 His Honour ordered, with conviction, that all Victorian licences and/or permits held by the offender be cancelled and that the offender be disqualified from obtaining any such licence or permit for a period of:
· 6 months (on Charges 1 and 6);
· 6 months (on Summary Charge 2)
· 2 years (on Summary Charges 5, 9, 11, 13, 16, 28)
· 12 months (on Summary Charge 29);
after the date Darren Reid is released from custody, whether on parole or on the expiration of his sentence.]
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