Director of Public Prosecutions v Scott
[2024] VCC 1722
•30 October 2024
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised (Not) Restricted Suitable for Publication |
Case No. CR-24-00773
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| ANTHONY SCOTT |
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JUDGE: | HIS HONOUR JUDGE TIWANA | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 8 October 2024 | |
DATE OF SENTENCE: | 30 October 2024 | |
CASE MAY BE CITED AS: | DPP v Scott | |
MEDIUM NEUTRAL CITATION: | [2024] VCC 1722 | |
REASONS FOR SENTENCE
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Subject:Criminal law - Sentence
Catchwords: Aggravated burglary – Sustained attempts to enter the house at night – Isolated rural property with a family of four, including a two year old child inside – Shattered a glass panel in the door by punching it – Common assault – Theft of motor vehicle – Conduct endangering life – possession of a drug of dependence – Significant criminal history – Traumatic and disadvantaged childhood - - Bipolar II Disorder – Post-Traumatic Stress Disorder (PTSD) – Stimulant Use Disorder – General deterrence - Specific deterrence - Just punishment - Community protection.
Legislation Cited: Bail Act 1977; Crimes Act 1958; Drugs, Poisons and Controlled Substances Act 1981; Road Safety Act 1986; Sentencing Act1991.
Cases Cited:Bugmy v The Queen (2013) 249 CLR 571; R v Verdins [2007] VSCA 102.
Sentence: Total effective sentence of 3 years and 9 months with a non parole period of 2 years and 6 months.
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Mr D Brown | Office of Public Prosecutions |
| For the Accused | Ms J Hotchkin | Slades & Parsons |
HIS HONOUR:
Introduction
1Anthony Scott, you have pleaded guilty to the following six charges:
(a) Charge 1 – aggravated burglary, contrary to s 77 of the Crimes Act 1958.
(b) Charges 2 and 3 – common assault, contrary to Common Law.
(c) Charge 4 – theft, contrary to s 74(1) of the Crimes Act.
(d) Charge 5 – conduct endangering life, contrary to s 22 of the Crimes Act.
(e) Charge 6 – possession of a drug of dependence, contrary to s 73(1) of the Drugs, Poisons and Controlled Substances Act 1981.
2Charge 1 carries a maximum penalty of 25 years’ imprisonment. Charges 2 and 3 carry a maximum penalty of 5 years’ imprisonment. Charges 4 and 5 carry a maximum penalty of 10 years’ imprisonment, and charge 6 carries a maximum of 5 penalty units.
3You have also consented to this court hearing, and pleaded guilty to, five related summary offences:
(a) Charge 10 – drive whilst disqualified, contrary to s 30(1) of the Road Safety Act 1986.
(b) Charge 13 – exceed prescribed concentration of alcohol within three hours of a breath test, contrary to s 49(1)(f) of the Road Safety Act.
(c) Charges 15 and 16 – commit indictable offence whilst on bail, contrary to s 30B of the Bail Act 1977.
(d) Charge 18 – contravene conduct condition of bail, contrary to s 30A(1) of the Bail Act.
4Charge 10 carries a maximum penalty of 2 years’ imprisonment or 240 penalty units, charge 13 carries a maximum of 20 penalty units,[1] and charges 15, 16 and 18 carry a maximum penalty of 3 months’ imprisonment or 30 penalty units.
[1]For a first offence which this is.
Circumstances of the offending
5You are a 38-year-old male who, at the time of offending, was bailed to reside in a supported independent living residence known as Elsie Station in Budgeree.
6You committed the offending whilst in the company of a 17-year-old male who was also residing at Elsie Station.
7On 2 November 2023, at approximately 12:10 am, you and the accompanying male left your shared home address and were drinking alcohol and walking in the dark for approximately 5.3 kilometres before arriving at an address in Budgeree Road, Budgeree.
8One of the residents of the Budgeree Road address, Jolene Laukens, was lying in bed watching television. She heard a noise outside, looked out of her bedroom window and observed you and the accompanying male fighting each other in the driveway and then run up the stairs to the front door of the house. This noise woke Trevor Whelan who had been asleep in bed next to Ms Laukens.
9Ms Laukens opened the wooden front door asking you ‘What’s going on?’. You attempted to get into the house. Ms Laukens and Mr Whelan closed the front door. You continued to aggressively bang and kick the front door attempting to get inside. Ms Laukens managed to call Triple Zero, however the call dropped out just after she managed to tell the dispatch operator the address.
10Police made multiple attempts to contact Ms Laukens, but she did not answer their calls. You continued to yell at Ms Laukens and Mr Whelan, demanding their car keys, telling them not to call the police, and trying to force your way into their house. Both Ms Laukens and Mr Whelan used their body weight against the front door to prevent you from gaining entry.
11You continued to try and force the door open before punching a glass panel and shattering it. The shattered glass cut Mr Whelan’s nose and forehead. You then reached inside the premises and tried to unlock the door through the broken glass panel, cutting yourself and leaving blood at the scene.
12Ms Laukens’ mother and Ms Laukens’ two-year-old daughter were also inside the home. They were woken by the noise. The two-year-old was hysterical and crying. You were erratic and went from behaving aggressively to apologising to Ms Laukens and Mr Whelan. You motioned towards your hip pocket telling Ms Laukens and Mr Whelan 'I've got something'. They believed that meant you had a knife or pistol in your pocket.
13You told Ms Laukens and Mr Whelan that you had only been released from jail a couple of days ago and that you were not going back and ‘this was worth it’. Mr Whelan continued attempting to prevent you from entering but became extremely concerned for the safety of his partner, mother-in-law and daughter. He handed you the keys to the family vehicle, a 2011 Holden Commodore station wagon, registration YLG-135. This set of keys also included a key to the shed.
14You handed the set of keys to the accompanying male, who used them to enter a shed on the property and take a Honda off-road motorbike, a silver carving knife, a pair of gloves, and a motorbike helmet. The accompanying male attempted to start the motorbike by rolling it down a hill in the driveway but was unsuccessful and dropped it in the driveway before returning to you.
15First Constable Dooley and Constable Smart arrived at the address and drove into the driveway. They observed you and the accompanying male walk to the Holden Commodore and get in it. You got in the driver’s seat and the accompanying male got in the passenger’s seat.
16You drove the vehicle towards the police divisional van which had stopped in the driveway and was blocking the exit. You waited there for approximately one minute looking at the police. As the police members started to get out of the car, you drove through a barb wire fence and around the police van to get away. This caused minor damage to the police vehicle and First Constable Dooley had to quickly jump back in the police vehicle to avoid being struck.
17You drove through the paddock and then back through the fence onto the driveway on the other side of the police van and got back on to Budgeree Road heading north-west. You travelled approximately 1.2 kilometres down the road where you approached a bend and lost control of the Holden Commodore. The vehicle mounted the embankment on the left-hand side of the road causing it to roll. The vehicle came to a rest near the edge of the road which has a sheer drop off embankment and was severely damaged.
18All airbags were deployed in the Holden Commodore. You and the accompanying male got out of the Holden Commodore and began walking along the road, still in the north-west direction. A few minutes later, police en route to assist with the job observed you walking down the middle of the road and arrested you. The accompanying male was located a short distance away in the same area hiding in the bushes and was also arrested.[2]
[2]He was charged with theft of the motor vehicle, but the charge was later struck out.
19Both of you were conveyed to Morwell Police Station and assessed by paramedics. You refused medical treatment.
20Upon being searched, you produced a small zip lock bag of green vegetable matter and handed it to police. You undertook an evidentiary breath test and returned a positive reading of 0.114.
21In your police interview, other than admitting to drinking alcohol and saying you could not remember what happened, you exercised your right to silence.
Victim impact
22I have had regard to the victim impact statement from Mr Whelan.[3] It is not at all surprising that your offending continues to overwhelm Mr Whelan with fear.
[3]Exhibit B.
23He feels unsafe in his home, experiencing anxiety and fear when at home at night with his daughter. When trying to sleep, noises outside make him relive the events of the night in question. They cause him to look outside through windows and double check all the locks on the doors.
Criminal history
24You have a significant criminal history dating back to 2003. Apart from three appearances in this court, all your offending has been dealt with in the Magistrates’ Court. You have served numerous terms of imprisonment. You have also been sentenced to Community Correction Orders,[4] an Intensive Correction Order and suspended terms of imprisonment. You have been dealt with for contravening Community Correction Orders and a wholly suspended sentence.
[4]Or a Community Based Order as they were known at the time of your appearance on 14 May 2004.
25The longest sentence of imprisonment was imposed by this court in 2007. The sentence was one of two years with a non-parole period of six months for an offence of armed robbery. In 2015, this court sentenced you to a combination sentence, which included six months’ imprisonment for an offence of recklessly causing serious injury.
26You have a significant record of dishonest offending. This includes four offences of burglary and some 28 offences of theft.[5] Out of the 28 offences of theft, 17 of them relate to theft of motor vehicles. There are other dishonest offences including dishonestly assisting in the retention of stolen goods, going equipped to steal, and dealing with proceeds of crime.
[5]There is also a prior matter for attempted theft from a vehicle in 2019.
27Your record also reveals violent offending. In addition to the armed robbery and recklessly causing serious injury, you have been convicted of making a threat to destroy property, intentionally cause injury, unlawful assault and resist emergency worker on duty. You also have a number of offences relating to weapons and ammunition, including prohibited person possess a firearm, possessing controlled weapons, possessing a prohibited weapon without exemption, carrying a controlled weapon without excuse and possessing cartridge ammunition without a licence.
28You have many offences contrary to the Drugs, Poisons and Controlled Substances Act 1981. This includes many offences of possessing and using drugs of dependence as well as priors for trafficking.
29In respect of driving matters, amongst others, you have three prior offences of driving whilst disqualified, unlicenced driving, failing to stop on police direction, drive at a speed dangerous, drive in a manner dangerous and damage emergency services vehicle by reckless driving.
30You also have a prior history of committing indictable offending whilst on bail and failing to answer bail.
31Your last appearance before a court was in December 2022, when you were sentenced to three months’ imprisonment for numerous offences including possessing drugs of dependence, theft, dishonestly undertake retention of stolen goods, commit indictable offence on bail, possess dangerous article in a public place, and possess prohibited weapon without exemption.
Personal circumstances
32You are 38 years old and identify yourself as an Aboriginal man from the Wurundjeri mob through your maternal family. You have had limited connection with your culture, although I was informed that when you are in the community, you have routinely engaged with the Bairnsdale Aboriginal Co-op. I was further informed that this engagement tends to wane when you recommence drug use.
33You have two brothers and two sisters born to your parents’ union. In addition, you have three half-brothers and two half-sisters. One of your sisters, with whom you were close, passed away in June 2024 while you were remanded in custody.
34You describe your parents as alcoholics. You have memories of your father being violent towards your mother and yourself. Your parents separated when you were very young. You lacked any support, physically and emotionally, and never felt loved by either of your parents during your childhood.
35You were first removed from the care of your parents by child protection at the age of one. You, along with your two brothers were placed into foster care and residential care, involving numerous placements up until the age of 10. During this period, you were sexually abused on multiple occasions by one of your carers.
36When you were around nine years of age, you witnessed your older brother cut a taxi drivers’ throat with a knife, leading to his death. You were required to give evidence against your brother. Your brother has never forgiven you for giving evidence against him.
37At the age of 10, you returned to your mother’s care. Your mother continued to abuse alcohol and gamble. You described her as continuing to be emotionally and physically absent.
38You commenced a relationship at the age of 12 and moved out of home at 13 to live with your girlfriend and her mother. Your partner became pregnant when you were both 15 years old. As a result of her pregnancy, you left school during year nine in order to support your family. You have two sons together, now aged 23 and 19. Your sons are employed as concreters and live in Melbourne. You say that you are proud of your sons, and you have maintained contact with them, although your relationship is strained each time you are imprisoned.
39You also have a six-year-old daughter from a relationship that ended when your partner became pregnant and moved interstate. You have never met your daughter.
40You are currently in a relationship. Your partner runs Elsie Station, being the independent living residence where you previously resided. This relationship has been on and off since 2021.
41You have a long history of alcohol and drug abuse. You began consuming alcohol and smoking cannabis at the age of 12. You then commenced using amphetamines around the age of 16. By the time you were 20, you were using two to three grams of methylamphetamine each day. You have also used GHB three to four times per week from your late twenties. You report ceasing smoking cannabis in your thirties.
42Not surprisingly, your employment history is limited. You were employed as a labourer and machine operator for a boat trailer company for approximately 12 to 18 months after leaving school. Around 2005, you worked as a machine operator for an aluminium company for about two years.
43In August 2022, you were involved in a motor vehicle collision, of which you have no memory. You spent several days in a coma. You were discharged from hospital after a week and directed to follow up with a cardiologist.
44You have been advised by a cardiologist that you suffer from systolic heart failure. You are currently prescribed and are taking three medications for cardiac issues, including high blood pressure.
45In September 2023, you suffered a gunshot wound. You managed to seek medical attention and attend hospital where you underwent surgery. This incident continues to give you nightmares and flashbacks and causes ongoing anxiety.
46You have no relationship with your mother. Although you have not seen your father for a couple of years, you have made amends with him in respect of your difficult past.
Objective gravity
47As indicated earlier, aggravated burglary carries a maximum penalty of 25 years’ imprisonment. That should bring home the seriousness with which this offence is regarded.
48I accept that the offence appears to have arisen spontaneously rather than being carefully planned. It occurred while you were under the influence of alcohol. The entry into the home was limited to you smashing the glass and placing your hand inside in an attempt to unlock and open the front door.
49However, the offence was a particularly frightening experience for the family, including a two-year-old child, who were sleeping inside. It occurred at night on an isolated rural property. Mr Whelan and his partner, Ms Lauken, tried desperately to prevent your entry. While they were in close proximity to the front door, you punched and smashed a glass panel in the door and reached inside in an attempt to unlock and open the front door. The fear felt by your victims was no doubt heightened by the fact that the incident was prolonged, lasting some 20 minutes. Mr Whelan’s victim impact statement makes plain the ongoing fear and anxiety he experiences, and the memory of this incident being brought on by noises at night.
50In addition, you are to be sentenced for two common assault offences. The assault against Mr Whelan resulted in him suffering a small cut to his forehead as a result of the glass shattering.
51Following the aggravated burglary and assaults, the offending did not end. You stole the victim’s vehicle and drove it in manner that endangered life. You drove the vehicle over one kilometre at a sufficient speed to lose control upon approaching a bend. As a result of losing control, you mounted an embankment, and the vehicle rolled down coming to a stop near the edge of the road. At the time the accompanying male was in the passenger seat. The vehicle was severely damaged.
52Your offending is aggravated by the fact that it was committed while you were on bail. The offending occurred only a matter of days following a grant of bail on 27 October 2023.
Defence submissions
53I was assisted by detailed written,[6] and oral, submissions by your counsel, Ms Hotchkin. She relied upon the following documents:
(a) Psychological report prepared Ms Gina Cidoni dated 12 August 2024.[7]
(b) An old psychological report prepared Mr Michael Bilyk dated 12 March 2012.[8]
(c) A bundle of six certificates.[9]
(d) Discharge summaries.[10]
[6]Exhibit 1.
[7]Exhibit 2.
[8]Exhibit 3.
[9]Exhibit 4.
[10]Exhibit 5.
54Ms Hotchkin sensibly conceded that the offending was serious warranting a disposition consisting of a head sentence and a non-parole period. She accepted that general deterrence, specific deterrence, just punishment and community protection assumed importance. In terms of rehabilitation, she submitted that you could be aided by a longer parole period. She essentially relied upon the following matters in mitigation:
(a) Your early plea of guilty and remorse.
(b) Your traumatic and disadvantaged background giving rise to a multitude of issues and enlivening the Bugmy principles.[11]
(c) Your mental health diagnosis and the application of principle 1 and 5 of Verdins.[12]
(d) Your progress on remand, in particular your regular attendance at Narcotics Anonymous for the past 16 weeks.
[11]Bugmy v The Queen (2013) 249 CLR 571 (‘Bugmy’).
[12]R v Verdins [2007] VSCA 102 (‘Verdins’).
55You have pleaded guilty at the earliest opportunity. By pleading guilty, you have facilitated the course of justice and have taken responsibility for your actions. You have also saved the community the time and cost of a trial and spared your victims from having to give evidence.
56I accept that your pleas of guilty are demonstrative of remorse. I note your comment to Ms Cidoni stating, ‘I feel so bad for what I’ve done; it’s the most disgusting thing I’ve ever done’.[13]
[13] Exhibit 2, at [17].
Ms Cidoni’s Psychological assessment
57Ms Cidoni has assessed you as meeting the following clinical diagnoses:
· Bipolar II Disorder.
· Post-Traumatic Stress Disorder (PTSD).
· Stimulant Use Disorder (Methylamphetamine and GHB) in early remission in a controlled environment.
58In respect of the bipolar disorder, Ms Cidoni states:
[You] have experienced recurrent episodes of mood swings throughout [your] life, which align with the DSM-5 criteria for Bipolar II Disorder. [Your] hypomanic episodes are marked by periods of elevated mood, increased energy, and decreased need for sleep, often leading [you] to take on multiple projects or engage in risky behaviours. These episodes are followed by significant depressive episodes, during which [you] feel overwhelming sadness, loss of interest in activities [you] once enjoyed, and struggles with feelings of worthlessness. [Your] Bipolar Disorder may also have genetic or neurobiological underpinnings.[14]
[14]Exhibit 2, at [112].
59In respect of PTSD, Mr Cidoni states:
[Your] PTSD stems from traumatic events in [your] past, including adverse childhood experiences such as sexual abuse and, later, traumatic incidents as an adult. [You] frequently re-experience these traumas through flashbacks and nightmares and often finds [yourself] avoiding situations or people that remind [you] of these events. [Your] PTSD has led to a pervasive sense of detachment, negative beliefs about [yourself] and the world, and symptoms of hyperarousal, such as being easily startled and constantly on edge. These symptoms have persisted for several years and continue to interfere with [your] ability to lead a fulfilling life.[15]
[15]Ibid, at [113].
60Ms Cidoni adds:
These mental health challenges for [you] likely stem from a combination of [your] traumatic upbringing, ongoing stressors in [your] adult life, and the impact of prolonged substance use, all of which have contributed to the development and persistence of [your] current diagnoses.[16]
[16]Ibid, at [114].
61I accept that limbs one and five of Verdins have application. In support of limb one, Ms Cidoni states:
[Your] bipolar disorder and PTSD significantly contributed to the offending by exacerbating mood instability and emotional distress. [Your] bipolar disorder led to impulsive and erratic behaviour during manic or hypomanic episodes. Concurrently, PTSD symptoms, such as hyperarousal and intrusive thoughts, heightened [your] stress and emotional reactivity. Together, these conditions impaired [your] ability to think clearly and make reasoned decisions, increasing the likelihood of engaging in behaviour that was impulsive and driven by emotional turmoil. These conditions diminished [your] self-control and decision-making capacity, affecting [your] awareness of right and wrong.[17]
[17] Ibid, at [116].
62In support of limb five, Ms Cidoni states:
Imprisonment has been particularly challenging for [you] due to [your] mental health conditions and history of substance use. While incarceration has temporarily interrupted [your] drug use and offered [you] access to some programs, the environment is not designed for comprehensive drug rehabilitation. The limitations of prison settings, which lack the necessary therapeutic support and specialised care, may hinder [your] long-term recovery and fail to address the root causes of [your] substance use. [You] also reported feeling intensely lonely and isolated, which contributes to a deep sense of shame and worthlessness. These emotions make everything seem senseless to [you], leaving [you] with little motivation and difficulty experiencing any positive emotions. [Your] sleep is also disturbed, further eroding [your] mental well-being. The harsh environment of prison magnifies [your] negative self-perception, trapping [you] in a cycle of sadness and hopelessness with little to look forward to.[18]
[18] Exhibit 2, at [123].
63Ms Cidoni also notes that your troubling substance abuse has exacerbated your underlying mental health conditions. The use of methylamphetamine and GHB has intensified your mood swings and heightened the intrusive memories and hyper arousal symptoms of PTSD.
64Ms Cidoni has assessed your risk of reoffending as high. She recommends that you participate in a residential drug rehabilitation program and undergo a neuro- psychological and psychiatric assessment. She also recommends engagement in an anger management program to help address your emotional regulation. She states that linking you with education and employment programs is important to reduce idle time and foster prosocial relationships. Ms Cidoni also states that repeated imprisonment has contributed to a troubling cycle of institutionalisation.
65There is no doubt that you have experienced a profoundly disadvantaged background from a very young age. You lacked any guidance or support from your parents. Instead, you witnessed your parents abuse of alcohol and your father’s violence towards your mother and experienced his violence towards you. Child protection became involved when you were only one, and you spent many years with a large number of different carers. You suffered abuse of a sexual nature at the hands of one of your carers. You witnessed a horrific incident involving a death at the age of nine. These early traumatic events have shaped you and played a role in your mental well-being. Ms Cidoni states:
[Your] background, including a history of childhood sexual abuse and time in foster care, has had a profound impact on [your] behaviour and offending. These adverse early experiences led to complex psychological consequences, such as PTSD. The unresolved trauma from [your] childhood contributes to difficulties in managing emotions and behaviours, exacerbating the symptoms of [your] mental health conditions like bipolar disorder. The interplay of these factors—trauma, PTSD, and bipolar disorder—significantly impairs [your] judgment, increases impulsivity, and affects decision-making, leading to offending behaviour as a manifestation of [your] psychological distress and coping mechanisms.[19]
[19]Exhibit 2, at [119].
66The principle in Bugmy, in a general sense, is plainly enlivened, giving rise to some reduction in your moral culpability. However, on the other hand, community protection becomes a more relevant sentencing purpose.
67While I accept that there is a reduction in your moral culpability, it nevertheless remains high. You have continued to re-offend in circumstances where you have been given an opportunity to achieve rehabilitation by the imposition of sentences in the community as well as repeated terms of imprisonment.
68Whilst you were on remand, you sister, with whom you enjoyed a closer relationship, passed away in June 2024. You were given leave to attend her funeral. You have struggled with her loss and have had no support in custody. As Ms Hotchkin submitted, in an environment where you have been reluctant to show weakness, you have not been able to process your grief. I accept that this has made your time in custody more burdensome.
69While the punitive purposes of sentencing must be at the forefront, I also do bear in mind your rehabilitation. Despite a significant criminal history, you are still only 38 years of age. As Mr Brown conceded, your prospects of rehabilitation are not extinguished but they are difficult to assess. Ms Cidoni assesses your risk of re-offending as high. Your background and consistent offending over many years gives me little confidence about your rehabilitation prospects. However, I note your progress in custody.
70You have been on remand since your arrest on 2 November 2023. You have been working for the last six months as a billet unit cleaner and were recently promoted to head billet.
71You have been receiving visits from your partner and have maintained some telephone contact with your eldest son. You have some support available from loved ones whom you acknowledge you have consistently let down. You are particularly keen to demonstrate that you can live without resorting to drugs and crime to rebuild and enjoy a healthy relationship with your sons.
72Not only have you remained abstinent from drug use since your remand, but you have been attending weekly Narcotics Anonymous meetings over the last few months. You have also completed two programs pertaining to your drug use, including an Ice and Me program and a Substance Awareness program. In addition, you have completed a Certificate I in Aboriginal and/or Torres Strait Islander Cultural Arts, a Certificate II in Skills for Work and Vocational Pathways and a Certificate III in Hospitality. You have enrolled for, and intend to complete, the Positive Lifestyle program.
73I am told that you understand the importance of remaining abstinent from illicit substances and alcohol upon your release. That is something you have failed to do in the past. It goes without saying that it is crucial that you remain abstinent if you are to have any hope of avoiding the cycle of recidivism and imprisonment.
74You will need ongoing support with maintaining your abstinence from drugs and alcohol, and with your mental health issues, which I hope you will receive during any release on parole.
Prosecution submissions
75Mr Brown took no issue with the matters in mitigation. He submitted that the aggravated burglary was a serious example despite the fact that entry into the house was minimal. It was a prolonged incident which engendered fear in the victims. Mr Brown was in agreement with Ms Hotchkin as to the important sentencing purposes and the appropriate sentencing disposition.
76In sentencing you I bear in mind the principle of totality.
77Having taken into account all relevant matters and circumstances, I sentence you, Anthony Scott, as follows:
· On Charge 1, you are convicted and sentenced to 2 years and 10 months’ imprisonment.
· On Charge 2, you are convicted and sentenced to 9 months’ imprisonment.
· On Charge 3, you are convicted and sentenced to 6 months’ imprisonment.
· On Charge 4, you are convicted and sentenced to 12 months’ imprisonment.
· On Charge 5, you are convicted and sentenced to 18 months’ imprisonment.
· On Charge 6, you are convicted and sentenced to a financial penalty of $250.
78On Summary Charge 10, you are convicted and sentenced to 5 months’ imprisonment. On Summary Charge 13, you are convicted and sentenced to a financial penalty of $300. On Summary Charge 15 you are convicted and sentenced to 21 days’ imprisonment. On Summary Charge 16 you are convicted and sentenced to 21 days’ imprisonment and on Summary Charge 18, you are convicted and sentenced to 14 days’ imprisonment.
79The sentence on Charge 1 will be the base sentence. One month of the sentence on charges 2 and 3, three months of the sentence on charge 4, and 6 months of the sentence on Charge 5 will be served cumulatively upon each other and the sentence on Charge 1. The remaining sentences on the summary offences will run concurrently.
80This makes a total effective sentence of 3 years and 9 months’ imprisonment. I fix a non-parole period of 2 years and 6 months.
Pre-sentence detention
81Pursuant to s 18 of the Sentencing Act1991, the period of 363 days of pre-sentence detention is declared as having already been served in respect of this sentence and I order that such declaration and its details be entered in the Court’s records.
S 6AAA declaration
82Pursuant to s 6AAA of the Sentencing Act, I indicate that had you pleaded not guilty and been convicted, I would have sentenced you to a term of 5 years and 2 months’ imprisonment with a non-parole period of 3 years and 6 months.
Other orders
83In respect of the summary offence of exceeding the prescribed limit, your licence is cancelled, and you are disqualified for a period of 22 months from today’s date.
84I grant the disposal order sought by the prosecution.
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