Director of Public Prosecutions v Shannon
[2020] VCC 1918
•1 December 2020
| IN THE COUNTY COURT OF VICTORIA | Revised Not Restricted Suitable for Publication |
AT MELBOURNE
CRIMINAL JURISDICTION
CR-20-00312
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| MATTHEW SHANNON |
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JUDGE: | HIS HONOUR JUDGE MASON |
WHERE HELD: | Melbourne |
DATE OF HEARING: | 21 August & 1 December 2020 |
DATE OF SENTENCE: | 1 December 2020 |
CASE MAY BE CITED AS: | DPP v Shannon |
MEDIUM NEUTRAL CITATION: | [2020] VCC 1918 |
REASONS FOR SENTENCE
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Subject:Plea - sentencing
Catchwords: Recklessly expose emergency worker to risk by driving - fraudulently use vehicle plates - drive whilst exceeding the prescribed concentration of drugs - drive unregistered vehicle - drive motor vehicle whilst unlicensed
Legislation Cited: Sentencing Act 1991, Road Safety Act 1986
Cases Cited:
Sentence: 3-year Community Correction Order
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APPEARANCES: | Counsel | Solicitors |
| For the Director of Public Prosecutions | Mr D. Hannan | Office of Public Prosecutions |
For the Accused | Ms K. Ballard | C. Marshall & Associates |
HIS HONOUR:
1Matthew Shannon, you have pleaded guilty to one charge of recklessly exposing an emergency worker to risk by driving, one related summary charge of fraudulently using vehicle plates, one related summary charge of driving whilst exceeding the prescribed concentration of drugs, one related summary charge of driving an unregistered vehicle and one related summary charge of driving a motor vehicle whilst unlicensed.
Recklessly exposing an emergency worker to risk by driving- carries a maximum penalty of 10 years’ imprisonment.
Fraudulently using vehicle plates- carries a maximum penalty of 6 months’ imprisonment or 60 penalty units.
Driving whilst exceeding the prescribed concentration of drugs- carries a maximum penalty, for a first offence, of a fine not exceeding 12 penalty units.
Driving an unregistered vehicle - carries a maximum penalty, for a first offence, of a fine not exceeding 25 penalty units.
Driving a motor vehicle whilst unlicensed- carries a maximum penalty of 6 months’ imprisonment or 60 penalty units.
2You were born on 29 December 1999 and are currently aged 20. You were 19 years old at the time of the offending.
3You have no prior criminal history.
4The victims in this matter are Leading Senior Constable Craig Gibson and Senior Constable Alistair McDonald, each of the Brimbank Highway Patrol, Victoria Police.
5The circumstances of the offending are as follows.
6On Saturday 23 March 2019, Leading Senior Constable Gibson and Senior Constable McDonald were performing traffic duties in the Melton area. Senior Constable McDonald was driving the police vehicle and Leading Senior Constable Gibson was in the front passenger seat.
7At approximately 12.40 pm, they observed a silver Ford sedan travelling north on Coburns Road, Melton West, bearing registration plates WWJ190. A police check revealed these plates to be registered to a grey Ford Territory. This gives rise to the related Summary Charge 12 of fraudulently using vehicle plates.
8The police officers performed a U-turn and began following the silver Ford sedan along Coburns Road between West Melton Drive and Centenary Avenue. Leading Senior Constable Gibson could see that the vehicle was travelling at speed, so he captured the offender, you Mr Shannon, with a speed detector driving at a speed of 91 km/hr in a 60 km/hr zone.
9Leading Senior Constable Gibson advised Police Communications that they were following the vehicle and he requested additional units to assist.
10You turned left from Coburns Road into Princeton Avenue, then left into Valley View Road. Leading Senior Constable Gibson again captured your speed, this time at 104 km/hr on a length of road in a built-up residential area where the speed limit was signposted as 50 km/hr.
11You turned left into The Crest and the police officers momentarily lost sight of your vehicle. As the police officers turned left into The Crest, they observed your car on the left-hand side of the footpath, where you performed a U-turn heading back towards them.
12Senior Constable McDonald activated the police vehicle flashing lights and stopped their vehicle. You completed the U-turn (in the course of which you knocked over a letterbox at No.12) and drove directly head-on into the police vehicle.
13It appeared to Leading Senior Constable Gibson that your vehicle accelerated just prior to the collision as he observed the front of the vehicle rise up, which is consistent with acceleration.
14Your vehicle collided slightly offset to the driver's side of the police vehicle. The two police officers were seated in the driver's seat and front passenger seat at the time. The force of the collision moved the police vehicle backwards and Leading Senior Constable Gibson felt a significant jolt to the vehicle. This conduct gives rise to Charge 1 on the indictment of recklessly exposing an emergency worker to risk by driving.
15Both police officers exited the vehicle, and as they did this you attempted to reverse your vehicle. You were placed under arrest. Senior Constable McDonald conducted a preliminary oral fluid test, which indicated the presence of methylamphetamine. Subsequent testing found methylamphetamine present. This gives rise to related Summary Charge 9 of driving whilst exceeding the prescribed concentration of drugs.
16You were driving a silver 2002 Ford Fairmont sedan, with registration 1AM4TP. This registration expired on 2 March 2019. This gives rise to related Summary Charge 11 of driving an unregistered vehicle.
17You were also unlicensed at the time. This gives rise to related Summary Charge 10 of driving a motor vehicle whilst unlicensed.
18The damage caused to the police vehicle is estimated at $10,137.14.
19You were conveyed to Melton Police Station and formally interviewed. During the interview, you told police that:
· you were just driving home, you were driving your housemate's car, taking a risk;
· you did not have a licence yet but wanted to get one, doing him a favour;
· you looked behind and saw the Highway Patrol car was, “coming up my arse” - you went, “Whoa”, and then “just gapped it”.
· “I went on the footpath to turn around because I was going to run at first, but then like, they were there, so how could I have run in the first place? So I didn't just turn around and boom. Straight into them.”
· you hit the letterbox, then “the jacks car”.
20I now turn to your personal circumstances.
21As I noted earlier you are now 20 years old, you were 19 at the time of this offending and you have no prior criminal history.
22You have suffered a disadvantaged early life, marked by disruption and fragmentation. Your father was a drug addict and your mother left the home when you were one year old to escape your father's addiction, violence and controlling behaviour. In the years that followed she continued to struggle with drug addiction herself. Your mother commenced relationships which all ended for unknown reasons.
23One of your mother's relationships was with a man who was extremely violent and your father took guardianship of you; however you returned to your mother after some six months. You recall that rules did not apply and you believed you could do whatever you wanted. This was also the result of the volatile relationship your mother had with her violent partner.
24As a child you spent a lot of time hanging out on the streets. You would associate with negative peers out of a need to feel included. These associations introduced you to alcohol and drugs.
25You commenced smoking cannabis at age 10 and at 13 commenced using methylamphetamine daily, on occasion up to three points a day. You have continued to use both cannabis and methylamphetamine daily leading to your offending behaviour. You claim to have been substance-free since the offending as you were not previously aware of how your drug use was impacting others.
26During your early education you struggled behaviourally and academically and failed to develop in line with your peers. In your final year of primary school you were referred for cognitive assessment by a teacher and you were diagnosed as having a mild intellectual disability.
27You began your secondary schooling in a specialist school setting. You were supported by modified classrooms, high staff to student ratio, modified curriculum and the use of simplified communication and instructions by classroom staff.
28In 2014 you were examined by a psychologist, Ms Lidia Lae, for the purpose of further assessment of students with disabilities. The previous diagnosis was confirmed. You were struggling across all cognitive skills and continued to present with a mild intellectual disability.
29You left school in Year 9 and have a limited work history, employed in landscaping and roof tiling.
30A Statement of Intellectual Disability, Plan of Available Services and pre-sentence report was requested by the Court at the first plea hearing. The reports have now been received and tendered.
31A Justice Plan has been prepared to assist you with Disability Services through the Department of Health and Human Services. Funding is also likely to be available through the National Disability Insurance Agency to assist you with additional supports, including secure accommodation.
32The manner and circumstances of your driving was patently dangerous. Emergency workers, such as the police, regularly put themselves at risk of serious injury or death in their service to the community to prevent the public from facing greater risks and dangers. Endeavouring to slow drivers who, by their speed, present as a danger to other road users is a task that is inherently dangerous. Your speed, at one point over twice the limit in a built-up residential area, was particularly dangerous and aggravated by you being unlicensed, driving an unregistered car and being under the influence of a drug at the time. Your reckless driving caused you to eventually collide with the police, who were fortunate not to have been seriously injured.
33In mitigation, I have considered the submissions made by your counsel, and I accept in particular:
· your disadvantaged early life,
· your disability, which I accept reduces your moral culpability,
· your early plea of guilty,
· your lack of any previous offending,
· your youth,
· your long-term drug addiction, which hopefully is currently in remission and will be greatly assisted by the services you are about to receive,
· your cooperation with the police investigation,
· your current supportive family environment - I understand your mother has remained drug-free for some two years now,
· your expressed remorse,
· the future supports you will be entitled to receive following your recent disability certification,
· your generally good conduct whilst being on bail for the past around 18 to 19 months, and
· your prospects for rehabilitation which I accept are good if you are committed to your community correction order programs.
34Mr Shannon, would you now please stand.
35Your offending is serious and if it were not for your youth, your intellectual disability and the other important mitigating matters that I have taken into account, a sentence of immediate imprisonment and for a significant term would have been imposed.
36The sentence I have imposed reflects an emphasis on your rehabilitation. If you breach the terms of this sentence, you will be at serious risk of imprisonment.
37On Charge 1 on the indictment of recklessly exposing an emergency worker to risk by driving, you are convicted and ordered to serve a community correction order for a period of three years.
38The community correction order commences today and ends on 30 November 2023. The correction centre you will attend is the Melton Community Correctional Services at 2A Barries Road, Melton, and you must telephone there - the number is on the order which you will be given a copy of shortly - within two clear working days after the commencement of the order, that is, by 4 pm this Thursday, 3 December 2020. You must telephone there because due to the COVID-19 pandemic you cannot attend in person
39All the mandatory terms of a community correction order apply, and the additional conditions I impose are that:
· you be under the supervision of a community corrections officer;
· you perform 200 hours of unpaid community work as directed by the Regional Manager;
· you undergo assessment and treatment (including testing) for drug abuse or dependency as directed by the Regional Manager;
· you undergo assessment and treatment (including testing) for alcohol abuse or dependency as directed by the Regional Manager;
· you undergo mental health assessment and treatment including (but not limited to) mental health, psychological, neuro-psychological and psychiatric, in a hospital or residential facility if necessary, as directed by the Regional Manager;
· you attend for Judicial Monitoring at this court on Friday 19 March 2021 at 10 am; and
· you participate in the services specified in a Justice Plan for two years.
40I realise that you have already had the mandatory terms of the community correction order explained to you, but I will go over them again with you now.
41The mandatory terms, the terms that you must comply with, are that:
· you must not commit another offence for which you could be imprisoned during the time that the order is in force - and there are not too many offences that do not have an imprisonment penalty, for example, a mere small shoplifting is such an offence;
· you must comply with the requirements of Regulation 17 of the Sentencing Regulations 2011, which essentially set out your obligations as to your attendance at the community corrections centre - such things as not attending drug or alcohol affected;
· you must report to and receive visits from a community corrections officer;
· you must report by telephone to the Community Corrections centre, that is the Melton Centre, within two clear working days of the order starting, and as I have already indicated, that is by 4 pm this Thursday, 3 December;
· you must notify a community corrections officer of any change of address or employment within two clear working days after the change;
· you must not leave Victoria without first getting permission to do so from a community corrections officer; and
· you must obey all lawful instructions from, and directions of, community corrections officers - such directions may be given to you either orally or in writing.
42Do you understand and agree to these conditions, Mr Shannon?
43OFFENDER: Yes.
44HIS HONOUR: Now the key aspect I want to emphasise to you is that if there are any instances of a change of address or employment or if you want to leave Victoria for a short time for a holiday or whatever, make sure you communicate with them. If there are any issues, give them a call, speak to them - you will find they are very accommodating and they can work with you. Do not just do something and then find out later that they are upset and you are facing possible breach proceedings because you have not communicated with them. It is all about you communicating with them and utilising that service. Do you follow that?
45OFFENDER: Yes.
46HIS HONOUR: If you get sick or if there are exceptional circumstances, the order may be suspended for a period, and if your circumstances materially alter you may apply for a variation or cancellation of the order. Now again, in either case you must notify the Melton Community Correctional Services, and I recommend that you obtain legal advice if any of these things happen.
47However, I must warn you that if you breach any condition of this order you will be brought back to court and that will be before me. One of the options open to me is to cancel the community correction order and then re-sentence you on the original charge, which is likely to result in imprisonment for you in the present circumstances, and I may also deal with you for the crime of breaching a community correction order by sending you to prison for an additional period and that may be up to three months.
48So do you understand, Mr Shannon, the consequences of breaching your community correction order?
49OFFENDER: Yep, yep.
50HIS HONOUR: Thank you. I will ask you to sign the community correction order shortly.
51On transferred Summary Charge 9 of driving whilst exceeding the prescribed concentration of drugs, you are convicted and fined $200.
52On transferred Summary Charge 10 of driving a motor vehicle whilst unlicensed, you are convicted and fined $500.
53On transferred Summary Charge 11 of driving an unregistered vehicle, you are convicted and fined $300.
54On transferred Summary Charge 12 of fraudulently using vehicle plates, you are convicted and fined $500.
55I note that your offending on Charge 1 brings you to be sentenced under the ‘serious motor vehicle offence’ provisions of the Sentencing Act 1991, and as such I must order that any driver's licence you have be cancelled and you be disqualified from obtaining another licence for a period of at least 24 months pursuant to s.89(2B) of that Act. Accordingly, I order that any driver's licence you hold is cancelled and you are disqualified from obtaining a licence for a period of 24 months from today.
56Also, on transferred Summary Charge 9 of driving whilst exceeding the prescribed concentration of drugs, pursuant to s.49(1)(bb) of the Road Safety Act 1986 I must order that your driver's licence be cancelled and you be disqualified from obtaining another licence for at least six months pursuant to s.50(1E) of that Act. . Accordingly, I order that any driver's licence you hold is cancelled and you are disqualified from obtaining a licence for a period of 6 months from today.
57My understanding is that these cancellations and disqualifications are concurrent, so effectively you are disqualified from obtaining another licence for a period of two years.
58Pursuant to s.6AAA of the Sentencing Act, but for your plea of guilty, the sentence that would have been imposed is three years' imprisonment with a minimum period of two years to be served before eligibility for parole.
59Now at this stage, I would ask that the community correction order be passed to Mr Shannon through his counsel, and if you can ensure that Mr Shannon understands that order, and if he agrees to it, if he could sign it and that could be returned and I will sign it, and a copy will be provided to Mr Shannon.
60MS BALLARD: Yes.
61HIS HONOUR: Mr Shannon may now leave the dock for this purpose.
62So can I just ask counsel: are there any other matters from either counsel that need to be raised? First of all, Mr Hannan?
63MR HANNAN: I don't think so, Your Honour, no.
64MS BALLARD: No, Your Honour.
65HIS HONOUR: All right, I think that is all duly signed, so Mr Shannon will get a copy.
66MS BALLARD: As Your Honour pleases.
67HIS HONOUR: Mr Shannon, you have a real chance to build on the work you have done to rehabilitate yourself and move away from your addictions and all the trouble that that is otherwise likely to get you into.
68One of the very, very fortunate things in a sense for you, although it has arisen out of the fact, is that you have been declared a person with an intellectual disability; that you can get a lot of help now that you would not otherwise be able to get and you will be in a position to have some good accommodation and a lot of people, really caring people, who you can get some help from. So you utilise that and you will manage to get through things and you will keep out of trouble. All right.
69OFFENDER: Thank you.
70HIS HONOUR: So good luck, and we will see you next year in March.
71OFFENDER: Thank you.
72MS BALLARD: Thank you, Your Honour.
73HIS HONOUR: Adjourn the court please.
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