Director of Public Prosecutions v Richardson

[2020] VCC 1886

IN THE COUNTY COURT OF VICTORIA

AT MELBOURNE

CRIMINAL JURISDICTION

Revised

Not Restricted

Suitable for Publication

GENERAL LIST

CR-20-00886

Indictment No. L10762996

DIRECTOR OF PUBLIC PROSECUTIONS

v

ALEXANDER JACQUES RICHARDSON

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JUDGE:	HER HONOUR JUDGE DALZIEL
WHERE HELD:	Melbourne
DATE OF HEARING:	24 August 2020, 25 November 2020, 3 December 2020
DATE OF SENTENCE:	3 December 2020
CASE MAY BE CITED AS:	DPP v Richardson
MEDIUM NEUTRAL CITATION:	[2020] VCC 1886

REASONS FOR SENTENCE

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Subject:CRIMINAL LAW

Catchwords:              Sentence – Dangerous or negligent driving while pursued by police – Intentionally exposing an emergency worker to risk by driving – Aggravated offence of intentionally exposing an emergency worker to risk by driving – Possession of a drug of dependence – Plea of guilty

Legislation Cited:      Sentencing Act 1991, ss 5(2H), 16(3D), 89, 89C

Cases Cited:Jaeger v the Queen [2020] VSCA 116

Sentence:Total effective sentence of four years and three months’ imprisonment

Section 6AAA declaration: total effective sentence of 6 years and 6 months’ imprisonment, with a non-parole period of 4 years and 6 months.

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr J. O’Toole	Solicitor for the Office of Public Prosecutions
For the Accused	Mr D. McGlone (Plea 25 November 2020) Mr A. Paull (Plea 24 August 2020, 3 December 2020; Sentence)	Adrian Paull Criminal Lawyers

HER HONOUR: 

1.ALEXANDER JACQUES RICHARDSON you have pleaded guilty to:

-     Two charges of Dangerous or negligent driving while pursued by police – Charges 1 & 3;

-     Two charges of Intentionally exposing an emergency worker to risk by driving – Charges  2 & 4;

-     One charge of Aggravated offence of intentionally exposing an emergency worker to risk by driving – Charge 5; and

-     Possession of a drug of dependence – Charge 6.

2.These offences occurred on 25 March 2020, in Colac and Port Fairy, together with associated summary offences.

Charge 1 – dangerous driving whilst being pursued by police

3.In the late evening of Tuesday 24 March 2020 you collected two friends, Brett Alford and Paul Pitman, from an address in Colac.  You drove around and at about 2.50 am went to the McDonalds drive through lane to pick up some food.  You and your car, a white Holden Commodore, were observed by police who were on the look-out for it due to earlier incidents involving your vehicle.  These police officers were in an unmarked car and they radioed for assistance.  Two other police officers attended in a marked police vehicle.

4.One of your passengers observed the marked police vehicle and when he got back to your car you quickly drove away.  A/Sgt Nauta activated the red and blue emergency lights on his car and attempted intercept you.  You drove very quickly down Murray Street and onto Hart Street where you drove through a roundabout at approximately 77 kph and over a second roundabout at approximately 65 kph.  The applicable speed limit in that area was 50 kph.

5.The police did not continue the pursuit you due to safety concerns.

Charge 2 - intentionally expose an emergency worker to risk by driving

6.At around 3.55 am on 25 March 2020 A/Sgt Nauta and his passenger S/C McKay came across your vehicle parked in Colac.  You started to drive off and A/Sgt Nauta pulled out to follow you.  You performed a U-turn and drove at the police vehicle accelerating towards it driving on the wrong side of the road.  In order to avoid a collision A/Sgt Nauta braked heavily.  S/C McKay braced for impact as it appeared you were about to run into the police vehicle.  Just before impact you moved your vehicle back onto the correct side of the road, narrowly missing the unmarked police vehicle.

Charge 3: dangerous driving whilst being pursued by police

7.A/Sgt Nauta followed you as you turned left onto Rae Street, and then onto Hart Street.  He allowed you to gain distance between himself and the unmarked police vehicle, and followed you onto Pound Road where from approximately 300 metres away he observed that you had turned off your headlights.  A short time later he observed you, still driving with your headlights off, driving on Queen Street on the wrong side of the road.  Due to your erratic driving police were directed not to pursue you.

8.The dash-cam footage from inside A/Sgt Nauta’s vehicle captured the pursuit, and the speed of the police vehicle.  During the pursuit, A/Sgt Nauta’s police vehicle travelled at speeds between 53 – 119 kilometres per hour in order to pursue you, in a 50 kilometre per hour zone.  At one stage during the pursuit, A/Sgt Nauta’s police vehicle was travelling at 108 kilometres per hour and your car was still gaining distance from the police vehicle.

Summary Offence 23 Drive at a Speed Dangerous

9.At approximately 9.05 am that same day, Sgt Walkley was performing divisional van duties and using a mobile speed radar.  He was driving on Woodbine Road, Port Fairy, approaching the intersection with the Princes Highway, where he observed you driving the Holden Commodore at a fast rate on the Princes Highway, travelling west.

10.As you travelled around a sweeping bend, Sgt Walkley used the mobile radar fitted to his vehicle which detected the speed.  He detected the speed at 146 kilometres per hour (in an 80 kilometre per hour zone and then entering a 100 kilometres per hour zone).  Despite driving at 140-150 kph Sgt Walkley was unable to catch up with you, so he put out a call for police to be on the look-out for your vehicle.

Charge 4: Intentionally Expose an Emergency Worker to Risk by Driving

11.At around 9.13 am, Sgt Walkley observed your car reverse-parked at the rear of the BP Roadhouse on the Princes Highway, Port Fairy.  Sgt Walkley approached the passenger side of your car, in his marked police vehicle, and observed you seated in the driver’s seat, a female passenger in the front passenger seat, and two other passengers in the back seat.

12.Sgt Walkley parked across the front of your car, attempting to block your exit.  As he did so you reversed your car up onto the gutter and into a garden bed.  You then revved your car and drove directly towards Sgt Walkley’s vehicle.  To avoid a collision Sgt Walkley took evasive action and moved the police vehicle forward, approximately a metre, and you sped behind the police vehicle onto the BP Roadhouse forecourt and back onto the Princes Highway.

13.Around half an hour later, Sgt Walkley was patrolling the Princes Highway, driving westerly towards Yambuk in an attempt to locate you.  He saw your Holden Commodore travelling east on the Princes Highway, travelling back to Port Fairy.  Your car was travelling at approximately 90 - 95 kph and it appeared to be having mechanical issues.  Sgt Walkley performed a U-turn, and activated his red and blue emergency lights in order to attempt to intercept you.

Summary Offence 28: Drive in a Manner Dangerous

14.After driving for a further 800 metres or so, you pulled into the driveway of 3184 Princes Highway.  You pulled into the gravel driveway approaching a closed gate at the entrance of the property.  You attempted to perform a fast U-turn however you were only able to turn 90 degrees and ended up stopping parallel to the front gate.

Charge 5: Aggravated Offence of Intentionally Exposing an Emergency Worker to Risk by Driving

15.Sgt Walkley has stopped his marked police vehicle - a Holden Colorado fitted with a bull-bar – head on to your car in an attempt to block your vehicle in the driveway.  You reversed, then accelerated heavily causing your tyres to spin.  You drove forward, into the front of Sgt Walkley’s police vehicle, striking the bull-bar at the front of his vehicle near the front passenger side.  The force of the impact resulted in your vehicle’s wheels lifting off the ground momentarily, as your vehicle bounced off the police vehicle, and into a nearby pine tree.  The impact damaged the bull-bar and the front area of the left side panel of the police vehicle.

16.Because the impact caused damage to the police vehicle this charge is the aggravated form of the offence of intentionally exposing an emergency worker on duty to a risk of safety, by driving.

17.You continued to accelerate and pushed your car past the police vehicle, back onto the Princes Highway where you drove east, towards Port Fairy.

18.Shortly before 10.40 am, police located your car abandoned in a car park in Warrnambool.  As police approached that location D/S/C Barry noticed that you were walking from the car park towards Botanic Road.  When asked you gave your name and admitted that you were the driver of the abandoned white Holden Commodore.

19.You were arrested and cautioned.  When you were searched police found in your pockets two zip-lock bags which contained methylamphetamine, estimated at 7.8 grams in weight, and there was a third zip-lock bag which had traces of methylamphetamine in it.  You admitted to police that you had used methylamphetamine earlier that morning.  You were remanded in custody.

Summary Offence 18: Drive whilst Disqualified

20.At the time of these offences you were not licenced to drive, as your licence had been cancelled and you had been disqualified from obtaining a licence for 12 months, at the Warrnambool Magistrates' Court on 21 October 2019.  This summary offence is a rolled-up offence covering your driving in Colac and Port Fairy on Regent Street, Hart Street, Queen Street and the Princes Highway.

Personal Circumstances

21.You were 20 years old at the time of this offending.  You are now 21 having turned that age on 31 August 2020.

22.You grew up in Colac and Geelong, living with your mother, your step-father and with two sisters and a brother.  You have had a strained and limited relationship with your father, who separated from your mother when you were around three years old.  Your father re-partnered and moved to Canada and you saw him annually at most.  You have had a difficult relationship with him, but lived with him for several months when he was living at his mother’s, your grandmother’s, home in Corio at the start of 2020.

23.You have a good relationship with your mother, who is a registered nurse.  She told the Court of the difficult time you had when she was involved with a former partner, who was abusive both physically and emotionally.  You were then involved in a serious accident whilst riding a motorcycle on private land, when you were 12 years old.

24.You suffered serious head injuries in that accident, requiring multiple brain surgeries.  You were in the Royal Children’s Hospital for nearly six months, and then had out-patient rehabilitation for 12 months.  You continue to suffer the effects of an acquired brain injury.  Your mother wrote a letter which said:

“This injury changed his personality, Alec went from being a happy good natured boy who loved animals and had dreams of becoming a vet one day to being an agitated, moody and very impulsive boy who hardly slept. Alec suffered nightmares and flash backs of the accident. Alec could not attend school like he did before as he suffered fatigue and could not concentrate for any period of time. He lost touch with a lot of his friends and struggled to keep up with his siblings. He became angry and relationships with his siblings began to strain.

Alec acted impulsively and sometimes erratically and without meaning to I smothered him as I was afraid of anything else happening to him. He lashed out and left home at 16 years old. After this he became involved in drugs and drinking. His moods worsened and I worried about his safety constantly. Throughout all of this he still kept in contact with his siblings, he told them he loved them and called them regularly.”

25.Your mother also gave evidence before me about these matters.  It is clear from her evidence and the reports regarding this injury that it had a significant effect upon you and your development.

26.Your principal adult male role model was your grandfather, on your mother’s side.  His death two and a half years ago was one of the triggers of you using methylamphetamine and falling into the downward spiral you were on at the time of these offences.

27.Your schooling was interrupted by the motorcycle accident, but you obtained a Certificate through TAFE in Lightweight Auto Studies.  You got a job at B&R Poultry Services at which you did well, but you left that job when your grandfather died.  You started an apprenticeship as a diesel mechanic but due to your use of methylamphetamine you did not continue with that apprenticeship.  You have had sporadic work since then but your use of illicit drugs had been the focus of your life.

28.While you have been on remand you have been working, you have taken a parenting course, and you are studying for a Certificate III in Business, with the view to setting up your own business in future.

29.At age 18 you had a daughter with your then partner but you left her shortly before the death of your grandfather.  You met your next partner, Jordan, who was older than you, and who was a user of Ice, and you fell into use of that drug with her.  You also have another daughter with a young woman you were seeing intermittently.  That child is now one year old, and you have never seen her in person, although whilst you were in remand you have seen her during a Zoom conference.

30.You commenced drinking alcohol when you were around 16, and were dependent on that substance drinking substantial amounts daily.  You transitioned from alcohol to abuse of methylamphetamine when you were around 18, smoking up to a gram, daily.  You were using that drug daily over the two and a half years leading up to this offending.

31.You were an involuntary patient at the Warrnambool Base Hospital for 72 hours, for drug induced psychosis, in January 2020.  Once the involuntary stage of that admission was over you left.  You told Mr Cummins that “what led to Mum taking me to the emergency department was I had a burst of anger and I was smashing windows in my car”.

32.You attribute some of your issues with drugs to your relationship with Jordan and told Mr Cummins that whilst you were trying to come off ice before your arrest, this was more difficult because Jordan was still using.  You told Mr Cummins you can now see that she was a negative influence on your life.  You also told Mr Cummins that you are “now feeling very confident [you] would be able to remain off methylamphetamine on a long term basis” in view of the detoxification and abstinence from that drug you have undergone whilst you have been on remand.[1]

[1] Cummins [29].

Mental and Physical Health

33.In respect to the ABI you suffered in the motorcycle accident, Mr Cummins noted that you told him:

“his current primary accident related symptoms were chronically disturbed sleep, a "very short fuse", a tendency to become frustrated with minimal provocation and impulsivity. He stated he has developed more insight into these post-accident symptoms over the past two years.”

34.Mr Cummins assessed your ABI as “relatively mild in type”.  He noted you did not present with psychotic or schizophrenic symptoms, although you have had some drug induced hallucinations and delusions in the past.  He assessed you as below average intelligence, but not approaching the level of intellectual disability.[2]

[2] Cummins [34], [42].

35.He considered you presented as moderately depressed and mildly anxious, and you were notably angry with yourself for the situation you had gotten into and that you had become so addicted to methylamphetamine.[3]

[3] Cummins [36].

36.Whilst Mr Cummins thought it probable that your ABI played a role in your offending, due to increased impulsivity, he considered that the primary motivator of your behaviour in these matters was your drug use at the time.  He did not find there was a causal link between your ABI and the offending.[4]

[4] Cummins [45] – [48].

37.You were also assessed by a clinical neuropsychologist, Ms Prado.  Ms Prado’s careful assessment included testing as well as her clinical interview of you.  Her recital of your injuries and progress has been very helpful to me in understanding your presentation and issues.

38.The following conclusions by Ms Prado are of particular significance to me in deciding the sentences to impose.  Ms Prado concluded that:

38.1.You struggle with processing information, so that you can be easily overwhelmed and have difficulty processing information effectively;[5]

38.2.You “may struggle to problem solve and apply logical reasoning when confronted with difficult situations or challenging circumstances” and thus use poor or problematic problem solving strategies;[6]

38.3.You “may engage in behaviour on spur of the moment without adequate forethought or consideration of the likely consequences”;[7]  and

38.4.She considers “there was no clear evidence on assessment of behavioural disinhibition or a disorder of impulse control and [you do] not demonstrate the cognitive profile that is typically associated with an increased risk of reoffending”.[8]

[5] Prado [68].

[6] Prado [69].

[7] Prado [69].

[8] Prado [71].

39.Ms Prado noted that your ABI and its effects upon you are permanent and ever present.  The effects would have been evident at the time of this offending, and will continue to affect you in the future.  She also said that the ABI means that you are:[9]

“more susceptible to the impact of substance abuse on aberrant behaviour as compared to an individual without a brain injury, and acute substance intoxication would be expected to exacerbate his cognitive difficulties.”

[9] Prado [70].

40.She considered:[10]

“As such, another major contributing factor to Mr Richardson’s alleged offending behaviour would appear to be the deleterious effects of methamphetamine use on his behavioural control, decision making, and behaviour more broadly.”

[10] Ibidem.

Verdins

41.Your ABI is not something you can control, and it is an ever present influence on your behaviour.  I accept that your ABI made you more susceptible to the effects of the drugs you had taken as described by Ms Prado, and as she has noted, a major contributing factor to the offending was the effects of the drugs you had taken upon your behaviour and decision making.

42.I accept therefore that as an underlying contributing factor, your ABI diminished to some extent your ability to make sound judgments and make calm and rational choices.  That having been said, it does appear that the major cause of your offending was your use of illicit drugs, and so whilst I consider that your ABI had some effect upon your moral culpability, this is only to a limited degree.

43.In view of the impact your ABI has upon you, you are not an appropriate vehicle for the full weight of general deterrence, but I note that despite that injury you were able to obtain a certificate in light mechanics, were able to do very well in your job at B&R Poultry, and you had ambitions to become a diesel mechanic.  It was your abuse of drugs, not inability, that led you away from that positive path.  I will nevertheless mitigate your sentence to a degree on this basis.

44.As to specific deterrence, you are sufficiently intelligent and rational that you understand that criminal conduct will lead to significant sanctions against you.  I consider that deterring you from committing further offences is an important factor in sentencing you.

45.As to your time in custody, as your mother pointed out, you are not able to get the medication you need to help you sleep, counselling or therapy which would assist you is not provided.  I accept that your ABI makes your time in custody more difficult than for a person without that injury, to some extent.

46.There was insufficient material presented to persuade me that custody is significantly worsening the effects of the ABI upon you.

Plea Submissions

47.You pleaded guilty at an early stage, which is a significant matter in mitigation, and gives rise to a considerable discount in sentence for its utilitarian benefit, the facilitation of the administration of justice and as an indicator of remorse.  The utilitarian value of your plea and the facilitation of the administration of justice carries particularly strong weight in mitigation in light of the limitations upon the operation of the Court due to the COVID-19 pandemic.

48.In respect to your admissions, you provided police with the name of the driver of the vehicle, which you were obliged to do by law.  You answered no comment in the interview, which was your right.  This is, in my view, neither mitigating nor aggravating.

49.You are still only 21.  The authorities make clear that in sentencing a person of your age your rehabilitation should be the primary sentencing consideration, even when the offending in issue is serious.  On the other hand, the prosecution submitted that in circumstances of you offending of this nature and gravity, the weight to be given to your youth was less than it otherwise would have been.  I do give your youth considerable weight in mitigation.

50.It was also submitted on your behalf that the support of your family is a matter that assists you.  I agree that their ongoing support is an important matter in respect to your prospects for rehabilitation, and that family's willingness to assist you is a positive factor.

51.I accept also the submission that your time on remand, in adult custody, particularly when the effects of the COVID-19 pandemic have affected the conditions of custody and the ability to have visits and undertake courses, is a factor in your favour.

Prospects of Rehabilitation

52.Your counsel submitted that this period on remand has already had a powerful deterrent effect upon you, to motivate you to remain out of trouble in the future.

53.Your criminal history contains a number of driving offences including careless driving and driving whilst you had drugs in your system.  Furthermore, you have received three traffic infringements for speeding - in two cases between 30 and 35 kph over the limit and in one 25-30 kph over the limit.  These are relevant as they show that the offending before me was not an isolated instance of you driving too fast, whilst affected by drugs and in an unacceptable manner.

54.A problematic issue, in terms of your prospects for rehabilitation, is your history of abuse of alcohol and then methylamphetamine.  You started abusing substances at an early stage in your life.  The material before me shows that you have twice become quickly and heavily addicted.

55.Using illicit substances will greatly increase the risk that you will commit further offences.  Whilst you presently are not using and you have expressed the desire to stay clear of drugs in future, and indeed confidence in your ability to do so, you will need to seek support and guidance in that process.

56.Despite the hard work that faces you in dealing with your past addiction and avoiding future drug abuse, you are still a young person.  This period on remand appears to have been a wake-up call to you and a circuit breaker in terms of your substance abuse.  Your mother and family are good supports for you and you have them on your side to help you in future.  You cannot do it on your own, and I encourage you to listen to them and accept their guidance.  I consider that if you apply yourself and get the support and assistance you need, particularly to remain drug free, you have reasonable prospects of rehabilitation.

Gravity of Offending

57.Your conduct was disgraceful.  Charge 1 occurred at around 2.50 am, and Charges 2 and 3 around an hour later.  Charges 4 and 5, and Summary Offence 23, occurred hours after the earlier charges, between around 9 and 10 am.  In the period of the offending you drove over a considerable distance.

58.Charges 2 and 4, the charges of intentionally exposing an emergency worker on duty to a risk to their safety by driving, and Charge 5, the aggravated form of that offence, each carry a maximum penalty of 20 years’ imprisonment. 

59.The offences which bring you before me for sentence involve dangerous driving and speeding, and were committed whilst you were under the influence of drugs.  You had multiple passengers in your car for some of the offending, which adds to the gravity of your offending, as you put not only yourself, the police and the public at risk, but also the passengers in your car.

60.One of your passengers at the time of the mid-morning driving in Port Fairy describes that she was terrified as you drove away from the petrol station, and she thought that she might be killed by your driving.  She says she and others were screaming at you to stop.[11]  When you drove your car into Sgt Walkley’s vehicle you had four passengers in your car.

[11] Depositions 29-30.

61.The damage caused to the police vehicle, in respect to Charge 5, was not minor, but it was not as bad as it could have been, at least in part due to the bull-bar protecting the front of that car.

62.Your use of methylamphetamine, with some contribution from your ABI and consequent impulsivity, is an explanation for the offending, but this does not diminish the dangerousness of your driving, and the risk that you created to the safety of the police who were going about their duties.

63.The Court of Appeal recently considered the aggravated offence of exposing an emergency worker to a risk to safety by driving, which is the same charge as Charge 5 before me.  I am mindful of the comments of the Court of Appeal about the sentence imposed in that case, which was 5 years, for what the Court considered to be a serious example of the offence.  Furthermore I am mindful of the guidance given by the Court in that case in terms of the prominence to be given to general deterrence, punishment and denunciation.  The Court said, “[t]he message needs to be sent clearly and unequivocally to like-minded individuals that conduct such as the applicant’s simply cannot – and will not – be tolerated.”[12]

[12]Jaeger v The Queen [2020] VSCA 116, [36].

Competing Factors

64.In deciding your sentence all the factors I have set out above need to be taken into account.  The need to impose sentences which deter others, and sufficiently denounce your conduct are powerful considerations, but at the same time, you are still a young person.  I am mindful that at 21 a lengthy prison sentence, which otherwise would be warranted, would be likely to make you lose hope and would mean that these important years in your development as a man would be spent in an environment that may solidify anti-social attitudes rather than putting you on a better track.

65.Whilst you have prior court appearances for driving offences, this is your first serious involvement with the criminal law.  I am very mindful of the guidance of the Court of Appeal about the importance of rehabilitation in sentencing a youthful person, such as yourself, and that this factor is to be given more weight than would be the case for a more mature person, or one with relevant prior convictions.

66.I have also given careful consideration as to whether a community correction order, combined with a sentence of imprisonment, would be an appropriate disposition in your case.  Whilst a properly framed CCO, in combination with jail, can in some cases meet the sentencing aims and give expression to the principles of sentencing, in your case I have decided that it cannot.  Even giving significant weight to your youth and the importance of your rehabilitation, the offending here was serious and in respect to Charges 2, 4 and 5 involved offences carrying a maximum penalty of 20 years.  Furthermore, I am not sentencing you for one incident, but for multiple offences committed over the period of around 7 hours, in which you deliberately drove at police three separate times.

67.This conclusion means that a decision as to whether you have satisfied that one of the exceptions listed in s5(2H) of the Sentencing Act applies, is moot.

68.For the sake of completeness, I note that whilst there were a number of factors raised on your behalf in this respect, I would not have concluded that any of the three exceptions relied upon were satisfied.  My conclusions in respect to the application of Verdins would mean that neither aspect of sub-paragraph (c) was met.  In respect to sub-paragraph (e) I would not have concluded that the collective circumstances were substantial and compelling and exceptional and rare so as to justify not imposing a jail sentence that is not combined with a CCO.  I have taken into account your circumstances and the provisions of s5(2HC) and (2I).

Sentences

69.I have given significant weight in mitigation to your youth, and your early plea of guilty in the current circumstances.  I will also moderate the orders for cumulation so as to arrive at a sentence which gives some reflection to the gravity of your conduct and the need for general deterrence and denunciation, but which is not crushing on your hopes and plans for living a better life.

70.I note that pursuant to s16(3D) of the Sentencing Act, there is a presumption of cumulation in respect to the sentences imposed on Charges 2, 4 and 5.  This presumption must, as is the case with other sections with similar provisions, be subject to the principle of totality.  There is a need, in your case, for some degree of cumulation to reflect that your offending put multiple police officers at risk and involved a number of separate driving offences committed over the course of hours.

71.In an attempt to give sufficient expression to the seriousness of the offences, in particular Charges 2, 4 and 5, but to also give practical effect to the need to promote your rehabilitation, I have significantly moderated the orders for cumulation.

72.The sentences are;

73.Charge 1, which is dangerous driving whilst pursued by police, the sentence is three months.

74.Charge 2, intentionally exposing an emergency worker to risk by driving, the sentence is three years.

75.Charge 3, dangerous or negligent driving whilst pursued by police, the sentence is six months.

76.Charge 4, intentionally exposing an emergency worker to risk by driving, the sentence is two years and six months.

77.Charge 5, the aggravated offence of intentionally exposing an emergency worker to risk by driving, the sentence is three years.

78.Charge 6, possession of a drug of dependence, I would treat the maximum penalty as one year; the sentence is three months.

79.On the summary offences;

80.Charge 18, drive whilst disqualified, the sentence is three months.

81.Charge 23, drive at a speed dangerous, the sentence is eight months.

82.Charge 28, drive in a manner dangerous, the sentence is one month.

83.The orders for cumulation are as follows;

84.The sentence of three years on Charge 5 is the base sentence.  One month of the sentence of Charge 1, six months of the sentence on Charge 2, one month of the sentence on Charge 3, three months of the sentence on Charge 4, one month of the sentence on Charge 6, one month of the sentence on Charge 18 and two months of the sentence on Charge 23 are directed to be served cumulatively upon each other and upon the sentence on Charge 5.

85.I note for the sake of clarity that there is no cumulation in respect of Summary Charge 28.

Charge	Offence	Maximum	Sentence	Cumulation
Indictment
1	Dangerous or negligent driving while pursued by police, contrary to s319AA(1) of the Crimes Act 1958	3 years	3 months	1 m
2	Intentionally exposing an emergency worker to risk by driving contrary to s 317AC(1) of the Crimes Act 1958	20 years	3 years	6 m
3	Dangerous or negligent driving while pursued by police, contrary to s319AA(1) of the Crimes Act 1958	3 years	6 months	1 m
4	Intentionally exposing an emergency worker to risk by driving contrary to s 317AC(1) of the Crimes Act 1958	20 years	2 years 6 months	3 m
5	Aggravated offence of intentionally exposing an emergency worker to risk by driving contrary to s 317AD(1)(b) of the Crimes Act 1958	20 years	3 years	Base
6	Possession of a drug of dependence contrary to s 73(1) of the Drugs, Poisons and Controlled Substances Act 1981	1 year	3 months	1 m
Summary offences
18	Drive Whilst Disqualified Section 30(1) Road Safety Act 1986	2 years or 240 PU	3 months	1 m
23	Drive at a speed dangerous Section 64(1) Road Safety Act 1986	2 years or 240 PU	8 months	2 m
28	Drive in a dangerous manner Section 64(1) Road Safety Act 1986	2 years or 240 PU	1 month	-

86.This makes a total effective sentence of 4 years and 3 months' imprisonment.  I direct that you must serve a period of 2 years and 3 months years before you are eligible for parole.

87.Pursuant to section 6AAA Sentencing Act 1991 (Vic), I note that had you pleaded not guilty, I would have sentenced you to a total effective sentence of 6 and a half years, with a non-parole period of 4 and a half years.

88.Pursuant to section 18(4) Sentencing Act 1991 (Vic), I declare that you have served 253 days of pre-sentence detention and I direct that this declaration be entered into the records of the court.

89.In respect to your driver’s licence, as a result of the findings of guilt on Charges 2, 4, and 5, I am required by s89(2)(b) of the Sentencing Act 1991 to cancel your licence and disqualify you from obtaining a licence for not less than 24 months.  There are similar provisions connected to other charges upon which you are sentenced.  These are:

89.1.  Charges 1 and 3 the mandatory disqualification period is 12 months;

89.2.  Summary Charge 23 the mandatory disqualification period is 12 months;

89.3. Summary Charge 28 the mandatory disqualification period is 6 months; and

89.4. In respect to summary charge 18 there is a discretion as to whether to make an order of this type

I will make the mandatory orders on Charges 1, 2, 3, 4, 5 and Summary Charges 23 and 28.  In view of these orders I will not make any similar order in respect to Summary Charge 18.  All periods of disqualification are to commence today.

90.In view of your admissions to using methylamphetamine before this offending I find, pursuant to s89C of the Sentencing Act 1991, that each offence before me was committed whilst you were under the influence of a drug, and that this contributed to the offending.

91.I will make the disposal order sought by the Crown in respect to the methylamphetamine.

92.Mr O'Toole, is there any other matters?

93.MR O'TOOLE:  No, Your Honour.  As Your Honour pleases.

94.HER HONOUR:  Mr Paull?

95.MR PAULL:  No, Your Honour.

96.HER HONOUR:  Thank you.  I will adjourn the court

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