Director of Public Prosecutions v Searle
[2024] VCC 1079
•17 July 2024
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
Case No. CR-24-00354
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| JARROD SEARLE |
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JUDGE: | HER HONOUR JUDGE CHAMBERS | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 26 June 2024 | |
DATE OF SENTENCE: | 17 July 2024 | |
CASE MAY BE CITED AS: | DPP v Searle | |
MEDIUM NEUTRAL CITATION: | [2024] VCC 1079 | |
REASONS FOR SENTENCE
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Subject:CRIMINAL LAW – sentence
Catchwords: Guilty plea – dangerous driving while pursued by police, conduct endangering persons, prohibited person possess firearm – related summary offences, including driving while disqualified and failing oral fluid test within three hours of driving – erratic driving, under the influence of drugs, at excessive speeds over a prolonged period – application of Bugmy principle – general deterrence, denunciation and community protection paramount sentencing considerations
Legislation Cited: Crimes Act1958; Sentencing Act1991; Road Safety Act1986
Cases Cited:Bugmy v. The Queen (2013) 249 CLR 571
Sentence: Total effective sentence of 27 months’ imprisonment with non-parole period of 16 months fixed
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Mr D.R. Cordy | Office of Public Prosecutions Victoria |
| For the Accused | Mr A. McLennan | Victoria Legal Aid |
HER HONOUR:
1Jarrod Searle, you have pleaded guilty to one charge of dangerous driving while pursued by police contrary to s 319AA(1) of the Crimes Act 1958 (“the Act”), the maximum penalty for which is three years' imprisonment, one charge of conduct endangering persons contrary to s 23 of the Act, the maximum penalty for which is five years' imprisonment and one charge of being a prohibited person in possession of a firearm, contrary to s 5(1) of the Firearms Act 1996, the maximum penalty for which is 10 years' imprisonment.
2In addition, you have pleaded guilty to the following related summary offences:
(a) Driving while disqualified contrary to s 30(1) of the Road Safety Act 1986, the maximum penalty for which is 2 years' imprisonment or 240 penalty units;
(b) Fraudulent use of number plates contrary to s 72 of the Road Safety Act 1986, the maximum penalty for which is 2 months' imprisonment or 10 penalty units;
(c) Possess a prohibited weapon contrary to s 5AA of the Control of Weapons Act 1990, the maximum penalty for which is 2 years' imprisonment or 240 penalty units;
(d) Possess a controlled weapon without lawful excuse contrary to s 6(1) of the Control of Weapons Act 1990, the maximum penalty for which is 1 year’s imprisonment or 120 penalty units;
(e) Possession of cartridge ammunition contrary to s 124(1) of the Firearms Act 1996, the maximum penalty for which is 40 penalty units; and
(f) Failing an oral fluid test within three hours of driving contrary to s 49(1)(h) of the Road Safety Act 1986, the relevant maximum penalty for which is 60 penalty units.
3The driving offences relate to the circumstances of your dangerous driving in Bendigo on the night of 1 July 2023. At the time of this offending, you were affected by methylamphetamine and cannabis, and were disqualified from driving. The manner of your driving, while under the influence of drugs, placed members of the community in danger of serious injury. You drove erratically and at excessive speed, often on the wrong side of the road, for over a period of 25 minutes, despite police clearly signalling for you to stop.
4You were born in February 1998, and were 25 years old at the time of this offending. You have admitted your prior criminal history.
Circumstances of offending
5The circumstances of your offending are detailed in the Summary of Prosecution Opening on Plea dated 14 March 2024, which is the agreed basis on which you are to be sentenced.
6On 1 December 2020, your Victorian Learner Permit was cancelled and you were disqualified from driving for a period of two years by order of the Bendigo Magistrates' Court.
7On 1 July 2023, an event known as 'Electric Wonderland' was held in the Bendigo CBD with fairy lights lighting up venues across the township. As a result, the event drew members of the public into the CBD, with many pedestrians enjoying the event in the area.
8Police were patrolling the Kennington area in a marked police vehicle at 9.35 pm that night, travelling north along Edwards Road. It was at that point they observed your vehicle, a Silver 2010 Kia Cerrato station wagon travelling south on Edwards Road, Kennington. The vehicle was registered to your mother and was in an unroadworthy condition.
9The police conducted checks of the number plate on the vehicle, revealing that the plate had been stolen from a Strathfieldsaye address on 13 June 2023. A different number plate was affixed to the rear of the vehicle.
10As the police did a U-turn on Edwards Road, you increased your speed and drove into the right-hand land along Ellis Street, before traveling west on Keck Street, Flora Hill.
11The police positioned their vehicle behind yours and activated the lights and sirens of the police vehicle, clearly indicating for you to stop. However, you failed to do so. Rather you increased your speed.
12At this point, the police pulled over and observed your vehicle at the top of a hill on Keck Street, as you continued travelling on the wrong side of the road. The police again positioned their vehicle behind yours, with their lights and sirens activated, and notified police communications that they were in pursuit.
13The police followed you as you drove west into Houston Street from Somerville Street, observing you continuing to drive on the wrong side of the road. You then travelled north onto Carpenter Street and into oncoming traffic. You then drove north into the Bendigo CBD where 'Electric Wonderland' was being celebrated. CCTV captures you driving within the CBD, turning into King Street.
14You then weaved in and out of side streets, until you reached Myrtle Street, crossing onto the wrong side of the road. On Myrtle Street, between Hargreaves and High Streets in the CBD, the police maintained their distance behind you. You were travelling at 85 kilometres per hour in a 60 kilometre signed zone. The police observed you travel southbound along High Street, on the incorrect side of the dual carriageway. Outside the Bendigo police station, you continued on the wrong side of the road, entering the intersection with Thistle Street, against a red traffic light.
15You then turned into Old High Street, now Golden Square, where you continued to drive on the wrong side of the road. The police measured you travelling at 90 kilometres per hour in an area where the default speed limit is 50 kilometres per hour.
16The Police Air Wing began observations of your vehicle at 9.41 pm.
17You were observed travelling southbound along High Street, Bendigo on the wrong side of the road before driving onto the wrong side of the road along Laurel Street. You turned onto Panton Street, continuing on the wrong side of the road. Two other highway patrol police officers began assisting in pursuit of your vehicle.
18When you reached the intersection of Panton and Oak Streets, two passengers in your vehicle, Jack McDonald and Maddison Herbert, got out of the car and left the area on foot. You then continued driving northbound along Oak Street and Hattam Street. The police pursuit was terminated by ground units at this time. The Police Air Wing continued to make arial observations of your vehicle from this point.
19Your dangerous driving while pursued by police is the subject of Charge 2. From the time the police first observed you, you had driven dangerously while pursued by the police for approximately 5-6 minutes.
20On Russell Street, Quarry Hill you were observed by Police Air Wing entering the intersection on Olinda Street against a red traffic light. They then tracked you travelling on the wrong side of the road along each of the following roads: Gladstone Street, Quarry Hill, Hopetoun Street, Bendigo at the intersection of Baxter Street, Kennedy Street, Charleston Street, Strickland Road and Murphy Street, East Bendigo and Powell Street, White Hills.
21You turned left from Powell Street into Napier Street. You were estimated by Police Air Wing to be travelling in excess of 150 kilometres per hour between Weeroona Avenue and Nolan Street. At the intersection of Napier and Nolan Street, you failed to give way to oncoming traffic when you turned right onto Nolan Street, North Bendigo.
22You continued to drive on the wrong side of the road along Nolan Street, before turning left onto Thunder Street, towards Bendigo Hospital. At Arnold Street, you travelled on the wrong side of the road, onto Drought Street, a narrow residential street, where the Emergency Department of Bendigo Hospital is located. Outside the Emergency Department, you increased your speed significantly, travelling in excess of 100 kilometres per hour between Arnold and Anderson Streets, where the default speed limit is 50 kilometres per hour.
23The Police Air Wing again observed you driving on the wrong side of the road on Anderson Street, North Bendigo, through the roundabout, and on View Street, North Bendigo, Creeth Street, Long Gully and Happy Valley Road, Long Gully.
24At 9.58 pm, two police officers were parked in a marked police divisional van on Marong Road, Ironbark. They observed you exit Happy Valley Road, and turn onto Marong Road, travelling east in their direction. Your vehicle had no lights on, you drove by the marked police vehicle at a fast speed, on the wrong side of the road on Marong Road, before turning left onto Eaglehawk Road. You stopped the car at Eaglehawk Road, Ironbark and exited the car with your arms in the air, before being arrested.
25Your manner of driving on this night gives rise to Charge 3 – conduct endangering persons. Although it was dark at the time of your driving, the roads were dry and the weather was fine, with good visibility. Traffic conditions were variously light to moderate at that time.
26You were interviewed by police on 2 July 2023 in the presence of an independent third person. At the police station, you provided a sample of oral fluid that was subsequently analysed, with methylamphetamine and delta‑9 tetrahydrocannabinol detected. This is the basis of summary Charge 50 – fail an oral fluid test within three hours of driving.
27Your vehicle was impounded and searched by police on 3 July 2023. Amongst other things, the police located:
· a machete, with a makeshift gaffer tape scabbard, found in the driver's side footwell, between the seat and centre console and an extendable baton (summary Charge 12 – possession of prohibited weapons);
· a green 410 solid shotgun shell in the centre console (summary Charge 15 – possessing cartridge ammunition); and
· a small hatchet axe under the front passenger seat (summary Charge 14 – possessing a controlled weapon without excuse).
28Your fingerprints were located on the rear-view mirror of the vehicle and on the stole registration plate (summary Charge 11 – fraudulent use of number plates).
Firearm offending
29On 7 July 2023, police recovered a sawn-off shotgun in Bramble Street, Bendigo on a nature strip. The serial number for the firearm had been significantly damaged and could not be identified.
30The police reviewed footage and still images located on your mobile phone which revealed you holding a firearm on 15 June 2023 of a similar appearance to the one recovered by police on 7 July 2023. The prosecution is unable to confirm these are the same firearms and I make no such finding. However, given your prior convictions for family violence-related offending, you were a prohibited person at the time of you possessing the firearm on 15 June 2023 for the purposes of the Firearms Act 1996. Your possession of that firearm is the subject of Charge 1 – prohibited person possess firearm.
Gravity of the offence
31Without question, you are being sentenced for a serious example of driving while pursued by police and for conduct endangering persons. Your manner of driving on that night was appalling.
32In assessing the seriousness of your conduct, I take into account all the circumstances of your driving that night. You drove in an erratic manner for a protracted period. It was 9.35 pm when you were first observed by police, at which point you sped away from them, despite the police having activated their lights and siren. You continued to drive dangerously, despite being pursued by police for at least 5-6 minutes. By your plea, you acknowledge that you should have been aware of your obligation to stop as directed by police, but you failed to do so. To the contrary, you continued driving at speed, ultimately reaching speeds of up to 150 kilometres per hour, often driving on the wrong side of the road, ignoring traffic signals on two occasions and driving into oncoming traffic on another occasion. You pulled over and exited the car at approximately 9.58 pm, some 25 minutes after first being observed by police.
33As highlighted by the prosecution submissions, over the 25 minutes of driving in this manner before stopping, you completely disregarded the safety of other road users and the community, effectively circumnavigating outer Bendigo using a mix of arterial and residential roads, including through the CBD. I have observed the CCTV and other footage of your driving. It makes for shocking viewing. It is no understatement to observe that it was only a matter of luck that no one was injured or worse, as a result of your driving.
34You made a deliberate choice to drive after consuming methylamphetamine and cannabis and drove erratically and at excessive speeds over a prolonged period while under the influence of that combination of substances. Your actions in driving in this way, whilst disqualified from driving, were entirely irresponsible.
35Further, while you are not to be punished twice for previous offending, it is highly concerning that you have a relevant criminal history, including prior convictions for dangerous driving, driving without a licence, refusing to accompany police for an oral fluid test and driving while suspended. These matters are directly relevant to my assessment of your prospects of rehabilitation and the need for the sentence I impose to specifically deter you from future offending of this kind.
Personal circumstances
36I now turn to your personal circumstances.
37You were born in Warrnambool and grew up in various locations across Victoria. You are one of three children, being the middle child of your parents. Your parents separated when you were two years old, and you were primarily raised by your mother and her partner.
38Your home environment was a dysfunctional one for a number of reasons. Your mother struggled with poor mental health, having been diagnosed with a bipolar disorder, and she also abused illicit substances. Your father, with whom you remained in contact, was a violent alcoholic.
39When you were 11 years old, your father refused to return you and your siblings to your mother after an access visit. You then continued to live with your father, but report being subject to significant violence at his hand. You were then removed from your father's care by child protection authorities and were then placed with different foster carers. You returned to live with your mother for a brief period, before being placed in residential care until you were 17.
40Due to your dislocated upbringing, you ceased all formal education when you were in Year 8. The only other time you received any further education was when you were either in youth detention or in custody at Port Phillip Prison. You undertook modules of a Civil Construction course but did not complete that qualification.
41On 19 May 2015, when you were 17 years old, you were involved in a serious motor vehicle collision, during which you were thrown from the front passenger seat and sustained serious head injuries and other physical injuries. The report of Professor Stephen Davis, a neurologist, dated 15 March 2018 indicates that alcohol and methylamphetamine were associated with this collision.
42Following the collision, you required surgery for fractures to your tibia, pelvis and were intubated for a period of eight days. You remained in hospital until 8 July 2015, suffering post-traumatic amnesia. You absconded from hospital before a formal neuropsychological assessment could be performed. Despite the severity of these injuries, subsequent assessment by Professor Davis records that you had made a 'remarkably good recovery' from your traumatic brain injury and that your condition had stabilized. Nonetheless, in his 2018 report, Professor Davis states:
'Despite the reassuring recent neuropsychological report, I have no doubt that there are some mild to significant high-level neuropsychological deficits and certainly some behavioural sequelae of a concordant degree.'[1]
[1]Exhibit 3 – Report of Neurologist, Professor Stephen Davis dated 15/3/2018 at [3.2].
43At the time of Professor Davis' assessment, you had been in a relationship for twelve months and your then partner had just given birth to your son, who is now six years old. You have since separated but remain on amical terms with your former partner and now have regular telephone contact with your son while in custody.
44You have had limited employment in your adult life, working in various labouring jobs. Your longest period of employment was working for five weeks at a local bakery.
45You remain close to your mother and a younger sister. Sadly, your older brother, with whom you were very close, died from a drug overdose in 2022. You describe your son as the primary source of motivation for you to overcome your long‑standing addiction to ice and other illicit substances.
46You began using cannabis from the age of 12, using other illicit substances infrequently. However, from the age of 15, you developed a significant addiction to methylamphetamine, which continued until the date of your arrest for these matters. You also report having abused alcohol and other illicit drugs, including Xanax, around the time of the offending.
47You have a lengthy and significant criminal history, dating back to 2011 when you were 13 years old. Excluding Children's Court appearances, your prior convictions include the following matters.
48In December 2016, you were sentenced by the County Court to two years' detention in a Youth Justice Centre for offending that included aggravated burglary, theft, assaulting a police officer, driving in a manner dangerous, unlicenced driving and failing to stop a vehicle after an accident.
49In May 2019, you were sentenced by the Bendigo Magistrates' Court to 165 days imprisonment combined with a 12-month community correction order for offending that included recklessly causing injury, resist an emergency worker on duty, intentionally causing injury, and other offences. It was a condition of that community correction order that you receive treatment for drug abuse issues and you were to be judicially monitored by the court.
50In January 2020, you contravened that community correction order, resulting in the order being extended to 14 January 2021.
51In December 2020, you were convicted and fined an aggregate of $1,200 and your licence was cancelled, and you were disqualified from driving for two years for offences that included unlawful assault, persistent contravention of a family violence intervention order, driving whilst your authorisation was suspended, and refusing to accompany police for an oral fluid test. You were further sentenced that day for contravening the community correction order imposed in 2019, with the order again varied to 30 November 2021.
52On 2 March 2022, you were sentenced to 14 months' imprisonment for offending that included charges of contravening a family violence intervention order, reckless conduct endangering serious injury, unlawful assault, intentionally destroying property and bail offences. You were further convicted of contravening the community correction order, and were sentenced to seven days' imprisonment on the breach. You did not apply for parole and served that sentence in its entirety.
53Unfortunately, you have not taken advantage of the opportunities afforded to you by the previous extensions of the community correction order to deal with your addiction issues. Nor had previous sentences, including the sentence of imprisonment imposed in March 2022, deterred you from this serious offending on 1 July 2023.
Mental Health
54You were assessed for the purposes of these proceedings by psychologist, Dr Aaron Cunningham in August 2023. In his report dated 19 September 2023, having outlined your personal history, Dr Cunningham detailed your long-standing abuse of methylamphetamine, reporting a 'pattern of binge use' of this illicit drug. Dr Cunningham concluded that you pose a moderate to high risk of future violent offending, noting that ceasing drug use would be the main factor in moderating that risk.
55Dr Cunningham noted that you have experienced significant trauma in your life, however he concluded that you do not meet the diagnostic criteria for a Post Traumatic Stress Disorder. In Dr Cunningham's assessment you present with impaired mood regulation, that is consistent with your experience of childhood instability and brain injury, stating:
'In my opinion, Mr Searle's early childhood instability, drug abuse and brain injury all contribute to this lack of instability. In my opinion, Mr Searle's drug abuse presents as the main contributor to his offence behaviour. Mr Searle's methylamphetamine abuse leads to paranoia and aggravates his underlying reckless and impulsive tendencies.'[2]
[2]Exhibit 2 – Psychological report of Dr Aaron Cunningham dated 19/9/2023 at [6.0].
56It is clear that your methylamphetamine use at the time of this offending contributed to your reckless and impulsive driving behaviour once you became aware you were being pursued by police. You report being paranoid and fleeing when you became aware the police were pursuing you, a response that was undoubtedly exacerbated by your drug use at that time.
57I accept that management of your long-term drug addiction will be foundational to your future prospects of rehabilitation.
Matters in mitigation
58On your behalf, a number of matters were raised in mitigation of sentence.
59First and foremost, you pleaded guilty to this offence and in doing so, acknowledged responsibility for your offending. The charges resolved without the need for a committal hearing. By your plea, you saved the court and the community the time and expense associated with a trial, and also saved police witnesses from spending time away from other duties to give evidence in court. I have taken the utility of your guilty plea into account in sentencing you.
60Secondly, your formative years were marked by instability, profound disadvantage and exposure to parental mental health and drug abuse issues. When living with your father, you were exposed to his alcohol abuse and family violence perpetrated by him. Your counsel highlighted the nexus between your unsupportive childhood environment and your limited formal education and delinquency. You were denied the benefit of parental stability as you grew up; exposed to your mother's poor mental health and drug abuse, violence at the hands of your father, leading to multiple foster care placements, and ultimately, placement in residential care.
61In the landmark case of Bugmy[3], the High Court clarified that the effects of profound childhood disadvantage and dysfunction are enduring, and do not diminish with the passage of time or with repeat offending. As the High Court explained, the moral culpability of an offender whose formative years have been adversely affected in this way cannot be equated with an offender who has not experienced such early disadvantage in life.
[3]Bugmy v The Queen (2013) 249 CLR 571.
62The general proposition in Bugmy applies to your sentence, and I have given full weight to your deprived background in sentencing you. However, it was not submitted there was any basis to find that the specific limb of Bugmy applies. There is no suggestion in the evidence before me of a causal connection between your deprived childhood and the offending for which you are to be sentenced.
63I have also had regard to Professor Davis' assessment that after the motor vehicle collision you were left with mild to significant high-level neuropsychological deficits. However, the extent to which these deficits reduce your moral culpability for your impulsive or reckless behaviour is impossible to distinguish from your abuse of methylamphetamine at the time of this offending. No submission was made that the principles enunciated in Verdins[4] have application in reducing your moral culpability for this offending or the prominence to be given to general deterrence in sentencing you and I am unable to make such a finding.
[4]R. v Verdins (2017) 16 VR 269.
Other sentencing considerations
64For offending of this kind, the sentencing considerations of general deterrence and denunciation loom large. Community protection is another highly relevant sentencing consideration. I must make it clear to others that driving in a way that poses an unacceptable risk of serious injury to other members of the community, is unacceptable to the courts and to the community.
65At present, it is difficult to assess your prospects of rehabilitation favourably. The sentence I impose must operate to deter you from future offending. Previous sentences had not deterred you from this offending, nor had your personal involvement in a major collision in your late teens deter you from driving dangerously under the influence from drugs on this occasion.
66Much will depend on your ability to remain drug free in the community into the future. You have recently demonstrated motivation to do so by being assessed for placement with Odyssey House in its residential treatment program. You have also taken the opportunity available to you in custody to complete a Work Readiness and Life Skill Training course.
67At the hearing of your plea, application was made for your sentence to be deferred in order for you to be admitted to the four-month residential treatment program at Odyssey House to address your methamphetamine addiction. You were assessed as suitable for such treatment by Odyssey House in June, 2024. The fact you have sought assistance through Odyssey House is a positive indication of your motivation to deal your long-standing issues with drug abuse. This is to your credit. However, in the absence of other supports or supervision in the community I did not consider it appropriate to defer sentence for this purpose.
68At the conclusion of the plea hearing, I arranged for you to be assessed for a community correction order so that I would have all relevant sentencing information before me. The assessment report of Community Corrections referred to the Odyssey House residential program, noting that a referral could be made under a drug and treatment rehabilitation condition if required. However, it was also reported that you now wish to focus on obtaining employment upon your release, and that being mandated to undertake a residential rehabilitation program could impact on your ability to do so. Despite being assessed as a high risk of further offending by Community Corrections, you were assessed as suitable to undertaken such an order. I note that a recent report of Odyssey House confirms the ongoing availability of a placement for you.
69I have carefully considered the sentencing submissions made on your behalf, in which Mr McLennan urged the court to grant you a further opportunity to complete a community correction order. However, having regard to the gravity of your offending on 1 July 2023 combined with your criminal history, I have concluded that no sentence other than one of immediate imprisonment is warranted.
70I have however, sought to facilitate your future rehabilitation by fixing a non-parole period of a length that would facilitate the prospect of you being placed at Odyssey House for intensive drug treatment as a component of any supervised release. Ultimately however, whether you are granted parole will be a matter for the Adult Parole Board to determine.
71Finally, I have had regard to the sentencing principle of totality in determining the appropriate level of cumulation as between Charges 2 and 3 in particular, noting that they arise from the one episode of driving on the night of 1 July 2023. The cumulation I have ordered is to reflect the additional criminality associated with your conduct in driving dangerously, failing to stop, while pursued by police on that night.
Sentence
72Balancing the matters to which I have referred, whilst having regard to the maximum penalty for each offence, I now sentence you as follows.
73On Charge 1 - prohibited person possess a firearm – you are convicted and sentenced to 5 months' imprisonment.
74On Charge 2 – dangerous driving while pursued by police – you are convicted and sentenced to 10 months' imprisonment.
75On Charge 3 – conduct endangering persons – you are convicted and sentenced to 20 months' imprisonment. This is the base sentence.
76Pursuant to s 89C of the Sentencing Act 1991, I find that the offences of dangerous driving while pursued by police and conduct endangering persons were committed while you were under the influence of methylamphetamine and cannabis, which contributed to the offences.
77On summary Charge 10 – drive whilst disqualified – you are convicted and sentenced to 3 months' imprisonment.
78On summary Charge 11 – fraudulent use of a number plate and summary Charge 15 – possession of cartridge ammunition, you are convicted and fined an aggregate of $200.
79On summary Charge 12 – possess prohibited weapon, namely the machete and an extendable baton – you are convicted and sentenced to 3 months' imprisonment.
80On summary Charge 14 – possess a controlled weapon without excuse – being an axe – you are convicted and sentenced to one months' imprisonment.
81On summary Charge 50 – fail an oral fluid test within three hours of driving – you are convicted and fined $900.
82On Charges 2 and 3, and summary Charge 50 – I order that your licence be cancelled and you are disqualified from driving for a period of 3 years from today's date.
83I make the following orders for cumulation in relation to the sentences of imprisonment. I order that:
(a) one month of the sentence imposed on Charge 1;
(b) four months of the sentence imposed on Charge 2;
(c) one month of the sentence imposed on summary Charge 10; and
(d) one month of the sentence imposed on summary Charge 12
be served cumulatively upon the sentence imposed on Charge 3 and upon one other. I direct that all other sentences of imprisonment be served concurrently.
84This gives a total effective sentence of 27 months' imprisonment. I fix a non-parole period of 16 months before you are eligible for parole.
85Pursuant to s 18 of the Sentencing Act 1991, I declare that 382 days of presentence detention be reckoned as already served under the sentence I have imposed.
86Pursuant to s 6AAA of the Sentencing Act 1991 I indicate that had you not pleaded guilty to these offences, the sentence I would otherwise have imposed is a sentence of 34 months' imprisonment with a non-parole period of 25 months.
87Finally, I make the disposal and forfeiture orders sought by the prosecution, noting that they are not opposed.
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