Director of Public Prosecutions v Stanton
[2023] VCC 773
•12 May 2023
| IN THE COUNTY COURT OF VICTORIA | Revised Not Restricted Suitable for Publication |
AT MELBOURNE
CRIMINAL JURISDICTION
CR 21-02606
CR 22-00358
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| IAN STANTON KARA LAMBERT |
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| JUDGE: | HIS HONOUR JUDGE LAURITSEN |
| WHERE HELD: | Melbourne |
| DATE OF HEARING: | 17 April 2023 |
| DATE OF SENTENCE: | 12 May 2023 |
| CASE MAY BE CITED AS: | DPP v Stanton & Anor |
| MEDIUM NEUTRAL CITATION: | [2023] VCC 773 |
REASONS FOR SENTENCE
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Subject: CRIMINAL LAW
Catchwords: Charges of aggravated carjacking and related summary offences – reversed into occupied vehicle and attacked driver with crowbar – offending occurred whilst on bail – late pleas of guilty - Primary offender: Aboriginal – extensive criminal history – Bugmy considerations applicable – discussion of s 5(2H) exception – not satisfied of circumstances which are substantial and compelling – not satisfied circumstances are exceptional and rare – positive prospects of rehabilitation – totality – discussion of parity – Secondary offender: intellectual disability – no criminal history – consideration of s 10A(2)(c) - positive prospects of rehabilitation
Legislation Cited: Sentencing Act 1991
Cases Cited:Worboyes v R [2021] VSCA 169; Bugmy v The Queen (2013) 249 CLR 571; Marrah v The Queen [2014] VSCA 119; DPP v Lombardo [2022] VSCA 201
Sentence:Ian Stanton – Four years and three months imprisonment with a non-parole period of 3 years imprisonment
Kara Lambert – 1 day imprisonment and 12-month community correction order
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APPEARANCES: | Counsel | Solicitors |
| For the Director of Public Prosecutions | Mr P. Teo | Office of Public Prosecutions |
| For Accused Stanton | Ms D. Caruso | Theo Magazis & Associates |
| For Accused Lambert | Mr N. Goodenough | Victoria Legal Aid |
HIS HONOUR:
1I will say at the outset, Mr Stanton, I propose to sentence you to a total effective sentence of four years and three months and I will set a non-parole period of three years and I will declare the 454 days of your pre-sentence detention excluding today as time served.
2Ms Lambert, what I will do is that I will sentence you to one day's imprisonment on the charge of aggravated carjacking and that will be satisfied by the one day of your pre-sentence detention and on the other charges, I propose to convict you, place you on a community correction order for a period of 12 months with conditions as to supervision, drug assessment and treatment, alcohol assessment and treatment, mental health assessment and treatment and complying with a Justice Plan and I propose to give these reasons.
Introduction
3Mr Stanton, you have pleaded guilty to four charges including a charge of aggravated carjacking and two related summary offences.
4Ms Lambert, you have pleaded guilty to two charges including a charge of aggravated carjacking and two related summary offences.
5What happened in relation to these charges is set out in Exhibit A, which is the prosecution opening for this plea hearing.
Circumstances
6Shortly after midnight on 17 May 2021, you, Mr Stanton, and you, Kara Lambert, were in a vehicle and driving in Greaves Street, Dandenong. You saw a parked vehicle. Both of you smashed the front and rear right hand quarter panels and jemmied open the front left-hand door. You stole nothing from the vehicle. Nor did you steal the vehicle. These circumstances constitutes the charge of attempted theft of a motor vehicle.
7After returning to your vehicle, you, Mr Stanton and Ms Lambert, approached another vehicle, which was occupied. Both of you approached this vehicle and Ms Lambert apparently spoke to the occupant, whom I will refer to as 'the complainant'. You both return to your vehicle with you, Mr Stanton, driving. You reversed your vehicle into the other vehicle. You and Ms Lambert got out of your vehicle while the complainant did so also.
8You, Mr Stanton, attacked the complainant with a crowbar. He suffered soft tissue injuries to his head, back and stomach. The complainant fled and you chased him. You stopped chasing at the end of the street. You returned to your vehicle and drove away in pursuit of the complainant. Ms Lambert drove the complainant’s vehicle and you, Mr Stanton, followed. These circumstances constitute the charge of aggravated carjacking.
9This offending is graphically depicted in CCTV footage, which I have viewed.
10At the time of this offending, both of you were on bail and subject to a bail condition imposing a curfew between 10 pm and 6 am. For each of you, these facts constitute the charge of committing an indictable offence on bail and contravening a condition of bail.
11Shortly before midday on the same day, police members saw you, Mr Stanton, standing beside your vehicle. It displayed on its front and rear, registration plates which had been stolen two days earlier. For you, Mr Stanton, this constitutes the charge of handling stolen goods.
12On 18 May 2021, police members searched a home in Doveton, where both of you were present. They searched you, Mr Stanton, and found a case containing nine plastic bags, each with methylamphetamine. The total amount was 3.8 grams. They obtained and searched your mobile phone, Mr Stanton, and discovered text messages concerning the sale of drugs. These messages occurred between about 2.26 pm and 5 pm. These circumstances constitute the charge of trafficking in a drug of dependence. Paragraph [16] of Exhibit A describes the contents of two text messages.
13When interviewed by police members, both of you, Mr Stanton and Ms Lambert, in effect, denied any involvement in the offending.
Victim impact statement
14On 13 April 2023, the complainant made an impact statement. Mainly, he describes the physical consequences of your assault, Mr Stanton. It has aggravated a pre-existing discal injury in his lower back according to him and injured one of his shoulders. He takes pain relieving medicine. He needs an operation to his lower back. This injury prevents him walking more than a kilometre where, previously, he could walk up to 20 kilometres. It affects his sleep. It prevents him picking up his children. He takes an anti-depressant medicine.
15The financial effect has been enormous through his inability to work. Apart from the direct loss of cash and the replacement of documents, he has suffered through his inability to work.
Criminal histories
16For you, Mr Stanton, between 2 May 1995 and 16 July 2020, and excluding appeal hearings, you have appeared in a criminal court on 23 occasions and have been found guilty or convicted of 65 charges. You have been sentenced to imprisonment on six occasions with your longest sentence being 236 days, imposed on 23 January 2020.
17For you, Ms Lambert, you have no criminal history.
Personal
Stanton
18Mr Stanton, you are now 44. You are a First Nation Australian. Although born in Bendigo, you identify with the country near Darwin and a particular language group. Your father is non-indigenous.
19Your father separated from your mother when you were six months. You and your siblings remained with your mother. She returned to her country near Darwin.
20Your mother was a harsh disciplinarian. With a cricket bat, she would inflict on you what you describe as 'syllable floggings'. You would be hit once for each syllable of the sentence she uttered. You give the example of the sentence, 'Don’t ever do that again', which resulted in seven blows.
21Your mother cared for you and your siblings poorly. Often, you were cared for by other adults. They would sedate you with alcohol and hallucinogenic drugs.
22Although viewed by some as not belonging to the indigenous world, your mother’s extended family so viewed you. You have fond memories of your time in your mother’s country.
23Notwithstanding your time in your mother’s country, at 12, you moved to Melbourne to live with your father. However, your father was a poor parent and violent to you. By 13, you were homeless. Between that age and 18, you lived in a tent near a railway line. This ended when you entered a relationship.
24This relationship lasted five years. You left your tent and lived with your partner in a caravan. This relationship ended on amicable terms. You remained single until you met Kylie in 2015. This relationship lasted until 2021. There are two children, aged five and six. Both you and Kylie used illicit drugs. Child protection was often involved. Their involvement led to you not living in the same home as the children since 2017. You were homeless again.
25As to your education, you achieved a Year 11 standard.
26From late adolescence, you have had stable employment, working mainly as a labourer. You worked for one employer for 13 years. With that employer, you became a foreman, managing up to 60 fellow employees.
27In about 2015, at your workplace, you fell about 4 metres and injured your back. For several years afterwards, you needed to use a wheelchair. You received weekly payments of compensation but they ceased after two years. You have not worked since the accident.
28You have had two significant relationships. As I said, there are two children, aged five and six. There is doubt about whether you are the father of these children. In addition, it is suggested you are the father of two other children which came as a surprise to you.
29While in custody, you were admitted into hospital for what was thought to be a heart problem. You take an anti-depressant medicine daily, which seems to help.
30You drank alcohol at six and, between 12 and 20, you drank heavily. You used methylamphetamine after your workplace accident. More recently, you started using heroin. In custody, you have received drug and alcohol counselling and you are on a methadone program.
Lambert
31Ms Lambert, you are now 22. You are the youngest of three children. You have two older half-brothers.
32Your intellectual disability was diagnosed while you were in primary school. You left school in Year 8. You were sexually assaulted when aged 12. Your secondary schooling was disrupted by your behaviour. You were suspended from school on four occasions.
33You started using illicit drugs while in secondary school, cannabis at 12 and GHB and methamphetamine at 14. You have misused alcohol and other illegal drugs.
34After leaving school, you have had short periods of employment including, it appears, sex work.
35You have a daughter, aged one, who is currently cared for by your mother and, perhaps, your father as well even though your parents are separated. You see your daughter almost daily. Your contact is supervised by your mother.
36Since the age of 13, you have suffered from poor mental health. You have received extensive treatment for your mental health including hospital admissions.
37Since October 2022, you have been homeless and couch surfing. You have gained a partner and stay at his place during the week. However, you, with assistance, are looking for accommodation.
38Nevertheless, the National Disability Insurance Scheme provides you with assistance. As the authors of the disability overview report note:
'Miss Lambert is a current participant of the NDIS. She receives assistance with daily living tasks and social community participation such as transport, appointment management, and self-organisational skills. ERMHA provide Miss Lambert with services that include NDIS Support Coordinator…, ERMHA Team Leader, … and ERMHA support workers. Miss Lambert has disability support workers on Mondays and Fridays for five hours and on Saturdays she receives four hours of support.
'Miss Lambert is also linked with Youth Support and Advocacy Service (YSAS) worker …, Clinical Psychologist,…from the Youth Consultations and Treatment Team at Monash Health, and Psychiatrist, …, from Monash Health. Ms Lambert is not engaged with her General Practitioner for her health care needs.'
Psychiatrists and psychologists
39Mr Stanton, you were assessed by a neuropsychologist, Mathew Staios, twice during April 2023[1].
[1] Report dated 15 April 2023.
40As befits his speciality, he found you are of low average to average intelligence. Your neuropsychological profile was consistent with the level of your intelligence, uninfluenced by your childhood instability and substance abuse.
41You were largely stable over the period of about a decade. Your psychological decline followed your injury and the breakdown of your relationship with Kylie. The latter occurred in 2017 when you were separated from her and the child or children.
42To Mr Staios[2]:
‘…Following his workplace injury in 2015 and the breakdown of his most recent relationship, Mr Stanton appears to have experienced grief and a significant decline in his mental state, resulting in avoidance, themes of loss, limited capacity to coping/regulate his emotions, and substance use as a means of coping and escapism. His history of early childhood trauma and insecure attachment likely impacted on his ability to adequately cope with adverse events, resulting in avoidance as a coping strategy. Over the past six years, Mr Stanton has continued to experience significant ongoing instability in a number of aspects of his life (accommodation, mental health, substance use), leading him to continued use of substances, which has resulted in periods of incarceration and the integration of maladaptive coping strategies into his personality structure.
'Mr Stanton’s available history indicates a history of poorly managed depression, substance addiction, that appear to stem from early childhood trauma and the breakdown of his most recent long-term relationship, which appear to have triggered past unresolved trauma….'
[2] At [7.2] and [7.3].
43For you, Ms Lambert, I have received many reports, principally, in this context, from Nina Zimmerman, a psychiatrist. Dr Zimmerman prepared five reports, examining issues of fitness to stand trial and to participate in this hearing. Her most recent report arose out of an interview on 6 January 2023.
44Undoubtedly, you are intellectually impaired. You have a full-scale IQ of 55. 99.9% of your peers will perform better than you. This is described as a mild intellectual disability. You also suffer from a post-traumatic stress disorder and a borderline personality disorder. The post-traumatic stress disorder was caused by repeated rapes and physical assault from your childhood. The diagnosis of a borderline personality disorder came from your childhood experiences. They have marred your development leaving you with a heightened sensitivity to threat, an inability to control your distress and anger, an unstable sense of who you are and a tendency to harm yourself, experience of auditory hallucinations and what Dr Zimmerman describes as 'catastrophic responses to instability in interpersonal relationships'.
45I have received a statement of intellectual disability, dated 1 February 2022 and, as I have mentioned, a disability overview report. I have also received a Justice Plan.
Discussion
46Section 5(1) of the Sentencing Act 1991 (‘the Sentencing Act’) sets out the purposes for which sentences may be imposed:
(a) to punish the offender to the extent and in a manner which is just in all of the circumstances;
(b) to deter the offender or other persons from committing offences of the same or a similar character;
(c) to establish conditions within which it is considered that the offender's rehabilitation may be facilitated;
(d) to manifest the denunciation of the type of conduct the offender engaged in; and,
(e) to protect the community from the offender.
47Each of those purposes is engaged in both of your cases.
48Section 5(2) of the Sentencing Act sets out matters which I must consider where they are relevant.
Maximum penalties
49The maximum penalties for the offences are:
(a) aggravated carjacking – 25 years’ imprisonment. Section 10AD of the Sentencing Act requires the imposition of imprisonment for this offence and the fixing of a non-parole period of not less than three years’ imprisonment unless there is a special reason under s10A of the Sentencing Act;
(b) attempted theft – five years’ imprisonment;
(c) trafficking in a drug of dependence – 15 years’ imprisonment;
(d) handling stolen goods – 15 years’ imprisonment;
(e) committing an indictable offence on bail – three months’ imprisonment or a fine of 30 penalty units. This offence brings into the picture s16(3C) of the Sentencing Act; and
(f) contravening a conduct condition of bail – three months’ imprisonment or a fine of 30 penalty units.
Nature and gravity of the offending
50For both of you, as far as the charges are concerned, the most serious charge is easily the aggravated carjacking. This offence involved the possession of a weapon. Since the use of the weapon to inflict injury upon the complainant is not an element of the charge in this case, I cannot consider the infliction of injury as an aggravating circumstance of that offence. Seen in that light, the offence is a run of the mill example.
Culpability and responsibility
51For the offences you share, you are both blameworthy and responsible. You, Mr Stanton, bear greater blameworthiness and culpability because you are so much older than Ms Lambert. You have a criminal background where she has none. You took a more active role in the carjacking. You are of near average or average intelligence whereas she is significantly intellectually disabled.
Victim impact statement
52Since neither of you are charged with a specific offence of violence arising out of the carjacking, I cannot give effect to much of the impact upon the victim as an aggravating circumstance of the carjacking offence.
Guilty pleas
53Mr Stanton, you pleaded guilty to the charges on 24 March 2023, a day before the day listed for the start of your trial.
54Ms Lambert, you pleaded guilty on 20 January 2023 after accepting a sentence indication.
55In terms of the timing of your respective pleas of guilty, they occur late in the process which starts at the laying of the charges and ends with the verdict of a jury after a trial.
56By pleading guilty, both of you have saved the time and expense of a trial and allowed other trials to be listed earlier than would otherwise be the case. You have spared witnesses the burden of giving evidence in a trial. Giving evidence is rarely easy, especially for the complainant who has suffered greatly. Both of you have accepted responsibility for your offending.
57At the present time, a guilty plea deserves a greater discount on sentence than would otherwise be the case. Why this is so was explained in the case of Worboyes v R[3], where the Court said:
'As is abundantly clear, one of the pernicious effects of the current pandemic is that the lists of the criminal courts in this State have become severely congested. Unacceptable delay in the disposition of criminal cases is endemic. Indeed, it is not an overstatement to say that the system of criminal justice in this State is in crisis, requiring a response from the courts. We therefore consider that, whilst the courts of this State continue to labour under the adverse effects of the pandemic, a sentencing court should view a plea of guilty as carrying with it a greater utilitarian benefit than at other times and in other circumstances, and, concomitantly, as attracting an augmented mitigatory effect on sentence, simply because the plea will benefit the beleaguered administration of justice. Given the unhappy state of the courts’ lists, the courts must, in an endeavour to alleviate the strain on the system, encourage those accused who are guilty to so plead. Such encouragement must come from an actual and palpable amelioration of sentence.'
[3] [2021] VSCA 169 at [35]
58Even though this passage appeared in a 2021 judgment, it remains as applicable now as it was then. This, and other courts, are still struggling to overcome the backlog of cases built up during the pandemic and the effects of the virus still affect the functioning of this Court, especially in relation to jury trials.
59Your guilty pleas are evidence of your remorse for the offending.
60Overall, they entitle both of you to a significant discount on the sentence which would otherwise have been imposed if you had pleaded not guilty but had been found guilty.
Bugmy
61The High Court in Bugmy v The Queen[4] and our Court of Appeal in Marrah v The Queen[5] have stressed the link between a person’s experience while growing up, the mark that experience may leave on the person’s character and the permanency of the effect. This is especially so with the First Nations peoples.
[4] (2013) 249 CLR 571.
[5] [2014] VSCA 119.
62Speaking of you, Mr Stanton, despite your upbringing, your life seemed to have stabilised after 2003. Apart from two adjourned undertakings in 2007 and 2011, there is nothing until August 2018 when serious criminal offending is met with a drug treatment order. However, Mr Staios outlines how the effects of your upbringing have resurfaced following your workplace injury. The Bugmy considerations apply in your case.
Section 5(2H)(e)
63For you, Mr Stanton, your counsel relied upon the exception in s5(2H)(e), which reads:
'there are substantial and compelling circumstances that are exceptional and rare and that justify not making an order under Division 2 of Part 3 (that is not a sentence of imprisonment imposed in addition to making a community correction order in accordance with s44).'
64The application of this paragraph has been further limited by s5(2HC) and s5(2I). They provide respectively:
'(2HC) In determining whether there are substantial and compelling circumstances under sub-s(2H)(e), the court—
a) must regard general deterrence and denunciation of the offender's conduct as having greater importance than the other purposes set out in s5(1); and
b) must give less weight to the personal circumstances of the offender than to other matters such as the nature and gravity of the offence; and
must not have regard to—
i. the offender's previous good character (other than an absence of previous convictions or findings of guilt); or
ii. an early guilty plea; or
iii. prospects of rehabilitation; or
iv. parity with other sentences.'
65Sub-section (2I) provides:
'(2I) In determining whether there are substantial and compelling circumstances under sub-s(2H)(e), the court must have regard to—
a. the Parliament's intention that in sentencing an offender for a Category 2 offence only an order under Division 2 of Part 3 (that is not a sentence of imprisonment imposed in addition to making a community correction order in accordance with s44) should ordinarily be made; and
b. whether the cumulative impact of the circumstances of the case would justify a departure from such a sentence.'
66Recently, the Court of Appeal examined the operation of this paragraph and the associated provisions in s5(2HC) and s5(2I) in DPP v Lombardo.[6] In applying the test created by paragraph (e), there are two key steps:
(a) the court must identify whether there are substantial and compelling circumstances. 'Substantial and compelling' means the circumstances are weighty and forceful or powerful so as to justify not imposing a custodial sentence; and
(b) if the answer is 'yes' to (a), then the phrase 'exceptional and rare' requires circumstances wholly outside the run of the mill factors typical of the relevant kind of offending - in this case, aggravated carjacking.
[6] [2022] VSCA 201
67Ignoring those circumstances which the legislation requires me to ignore, speaking of you, Mr Stanton, your relapse into drug addiction and criminal offending follow your workplace accident. You stopped working in a job of some significance. You formed a new relationship, which seems to have been unstable from the beginning since you were both using drugs. Your mental state declined. It was untreated.
68As to the first key step, I would not say those matters are substantial and compelling so as to justify not imposing a custodial sentence. They may be of substance and compelling but not so much as to not justify a sentence of imprisonment.
69If I am wrong about the first step, as to the second key step, Lombardo’s case is instructive about its application. Mr Lombardo pleaded guilty to dangerous driving causing death. The dangerous driving was due to a momentary lapse of judgment. Mr Lombardo was young at the time of his offending. He took immediate responsibility for his offending and was remorseful. Mr Lombardo had no criminal history. Mr Lombardo had strong family support. Mr Lombardo suffered from mental health issues, stemming from his reaction to the death he caused.
70Aggravated carjacking is an offence frequently committed by young persons, often in the company of others. Owing to their youth, they have limited criminal histories. Your offence was committed in company, that is with Ms Lambert. You are not young. You have an extensive criminal history. You have though as it has been pointed out to me this morning quite a considerable amount of family support.
71At the time, you were on bail for other alleged offending. Apart from the Parliament’s way of dealing with that aggravating circumstance in s16(3C) of the Sentencing Act, it is a circumstance which I must consider in this context.
72As to the second step, then the phrase 'exceptional and rare' requires circumstances wholly outside the run of the mill factors typical of the relevant kind of offending - in this case, aggravated carjacking. I do not consider them to be so.
73For you, Ms Lambert, you rely on the exception contained in s10A(2)(c)(i) and (c)(ii) of the Sentencing Act and submit the exception in sub-s(2A) does not apply to (c)(i). The Director concedes those points and I agree with the concession. Dr Zimmerman’s opinions of the effect of imprisonment upon you provide overwhelming support[7].
[7] Report dated 16 January 2023 at [70] to [74].
Prospects of rehabilitation
74Mr Stanton, your counsel relies upon your desire to reconnect with your mother’s people and their country. You have a serious drug addiction. You lost the chance to address it and your criminality through the drug treatment order. Perhaps, those within the indigenous community can assist you in a manner more acceptable to you. You have the very strong support it has now been shown of your family members. In the overall circumstances, I would consider your prospects of rehabilitation are positive.
75Ms Lambert, your borderline personality disorder sits behind your drug usage, depression and attempts at suicide. According to Dr Zimmerman, this disorder[8]:
'…will continue to leave her prone to periods of intense, dysregulated distress and anger and problems sustaining interpersonal relationships. She is likely to struggle to function without drugs given her failure to learn more helpful ways of self-soothing. She is also likely to continue to experience thoughts of self-harming or ending her life and to require periods of psychiatric help.'
[8] Report dated 16 January 2023 at [69].
76At present, you have the benefit of various services, which I have already outlined.
77A feature of your behaviour noted by Dr Zimmerman was present when you were assessed for the purposes of a community correction order. The assessor noted you were difficult to engage with, struggled to provide comprehensive information, easily distracted and sounded lethargic. The assessment occurred largely because you were helped by your support worker, Ms Blewett.
78Keeping you away from offending behaviour is a challenge because of your intellectual disability and personality disorder. This challenge is enhanced through your loss of stable accommodation. Many people are trying to help you. A barrier seems to be yourself and the unfortunate reaction of others to your behaviour. You are young. You have a daughter whom you love. I propose to place you on a community correction order with a Justice Plan condition. This, and the other services, should render your prospects of rehabilitation positive.
Totality
79Mr Stanton, your counsel points out you have been in custody since 18 May 2021, a period approaching two years. Only 454 of those days are attributable to the present charges 270 days were used to satisfy sentences imposed in the Magistrates’ Court. Before May 2021, your longest sentence was six months’ imprisonment. It is a factor I will take into account.
Parity
80Mr Stanton, your counsel submits parity with the sentencing of Ms Lambert should play a part in my sentencing of you. Like cases should receive like punishment. Ms Lambert faced fewer charges than you although, admittedly, one of them was the aggravated carjacking. She played a lesser role in that offence. You were armed with the crowbar and used it to inflict injuries upon the complainant being a factor that I have not used in aggravation of that particular charge. She has no criminal history. She has an intellectual disability of such significance as to render her suitable for the services provided by the State. The issue of parity plays no part in my sentencing of you.
Sentence
Stanton
81On Charge 1, a charge of aggravated carjacking, I sentence you to four years’ imprisonment.
82On Charge 2, a charge of attempted theft, I sentence you to one year's imprisonment.
83On Charge 3, a charge of handling stolen goods, I sentence you to three months’ imprisonment.
84On Charge 4, a charge of trafficking in a drug of dependence, I sentence you to six months’ imprisonment.
85On Summary Charge 7, a charge of committing an indictable offence on bail, I sentence you to one month’s imprisonment.
86On Summary Charge 8, a charge of contravening a conduct condition of bail, I sentence you to 14 days’ imprisonment.
87The sentence on Charge 1 is the base sentence. Two months of the sentence on Charge 2 and the sentence on Summary Charge 7 will be served cumulatively upon themselves and the base sentence. The remaining sentences will be served concurrently with themselves and the other sentences. The total effective sentence is four years and three months’ imprisonment. I will set a non-parole period of three years’ imprisonment.
88I declare your pre-sentence detention of 454 days (excluding today) as time served under my sentences.
89On the charge of attempted theft, I will cancel any licence or permit you hold to drive a motor vehicle and I will disqualify you from obtaining a licence or permit for 12 months.
Lambert
90On Charge 1, I sentence you to one day's imprisonment and I declare your one day of pre-sentence detention as time served under that sentence.
91On Charge 2 and the two summary charges, with your consent, and with convictions, I propose to place you on a community correction order of 12 months’ duration with these conditions:
(a) to be supervised;
(b) to undertake drug assessment and treatment;
(c) to undertake alcohol assessment and treatment;
(d) to undertake mental health assessment and treatment; and
(e) to comply with a Justice Plan.
92In respect of Charge 2, and since you have never held a licence or permit to drive a motor vehicle, I will disqualify you from obtaining one for a period of 12 months and in respect of Charge 1, I will make the same order but for a period of 24 months by reason of application of s89(2)(b). Those two periods of disqualifications would run together.
Section 6AAA
93Absent the guilty pleas, for you, Mr Stanton, I would have sentenced you to a total effective sentence of five years and four months’ imprisonment.
94For you, Ms Lambert, I would have sentenced you on Charge 1 to three months’ imprisonment and on the remaining charges to a community correction order of 18 months’ duration with the same conditions.
Forfeiture
95I will make the forfeiture order in the terms sought.
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