Director of Public Prosecutions v Tre-Week-Kane
[2023] VCC 877
•29 May 2023
| IN THE COUNTY COURT OF VICTORIA AT Melbourne CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
CR 22-01128
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| LACHLAN TRE-WEEK-KANE |
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JUDGE: | HIS HONOUR JUDGE LAURITSEN | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 21 March 2023 and 10 May 2023 | |
DATE OF SENTENCE: | 29 May 2023 | |
CASE MAY BE CITED AS: | DPP v Tre-Week-Kane | |
MEDIUM NEUTRAL CITATION: | [2023] VCC 877 | |
REASONS FOR SENTENCE
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Subject:CRIMINAL LAW
Catchwords: Charges of aggravated carjacking, theft and handle stolen goods – stole motor vehicles after inspecting them to purchase – offending committed whist on bail – diagnosis of attention deficit hyperactivity disorder, autism and mild brain injury – early use of drugs and alcohol – Verdins – Bugmy – Covid-19 pandemic – delay – special reasons set out pursuant to section s10A(2)(c)(i) of the Sentencing Act – relevant criminal history – early plea of guilty – lack of remorse – uncertain prospects of rehabilitation
Legislation Cited: Sentencing Act 1991
Cases Cited:Mammoliti v R [2020] VSCA 52; R v Mills [1998] 4 VR 235; Azzopardi v R (2011) 35 VR 43; Bugmy v R (2013) 249 CLR 571
Sentence: Five years and two months imprisonment. Non-parole period of two years and 8 months imprisonment.
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APPEARANCES: | Counsel | Solicitors |
| For the Director of Public Prosecutions | Ms D. Hogan | Office of Public Prosecutions |
| For the Accused | Ms K. Farrell | Slink & Keating |
HIS HONOUR:
Introduction
1
Mr Tre-Week-Kane, I propose to sentence you to a total effective sentence of
five years and two months' imprisonment, and will set a non-parole period of
two years and eight months' imprisonment. I will declare the 524 days of pre-sentence detention as time served under my sentences today.
2You pleaded guilty to six charges of theft, a charge of aggravated carjacking, and a charge of handling stolen goods and eight related summary offences.
3Exhibit A is the prosecution opening. It sets out the circumstances of your offending.
Circumstances
7 December 2021
4This relates to the offence on 7 December 2021. The victim advertised the sale of a piece of electronic equipment. Someone rang him. After several calls, a meeting was held. You asked for, inspected and took the piece of equipment. When the victim sought to retrieve it, you threatened him with a knife, saying you would stab him. These circumstances constitute the charge of theft and Summary Charge 27, unlawful assault.
10 December 2021
5This relates to the events on 10 December 2021. Another victim advertised the sale of a motor vehicle. On 10 December 2021, you visited the victim, inspected the vehicle and drove it away. This constitutes Charge 2, theft of a motor vehicle.
16 December 2021
6Next is the events on 16 December 2021. A third victim advertised the sale of a motor vehicle. On 16 December 2021, you inspected the vehicle and drove it in the company of the victim. You produced what appeared to be a switchblade knife and told the victim to get out of the vehicle. He did. This constitutes the charge of aggravated carjacking.
7On the same day, you went to a service station and put $37.18 worth of petrol into the vehicle you stole that day. You did not pay. That constitutes Charge 4, theft.
8At about 7.15 pm on the same day, you drove to another service station in the same stolen vehicle. You put $83.85 worth of petrol into it and left without paying. This constitutes Charge 5, theft.
17 December 2021
9The events on 17 December 2021. On the next day, you drove this vehicle to yet another petrol station, put in $6.99 worth of petrol, and drove away without paying. This constitutes Charge 6, theft. The value of the petrol was this amount because the console operator stopped you from using more petrol.
18 December 2021
10As to the events on 18 December 2021, a fourth victim advertised the sale of a motor vehicle. On 18 December 2021, you met this victim. You inspected and entered the driver's seat. You drove the vehicle away and, in doing so, struck the victim. He suffered a grazed knee and bruised shoulder. This constitutes
Charge 7, theft.11The above offences were committed while you were on bail and breached a condition of your bail. This constitutes Summary Charge 2, committing an indictable offence on bail and Summary Charge 4, contravening a condition of bail by driving a motor vehicle.
12When you drove on 10, 12 and 16 December 2021, you did so without a licence. This is the subject of Summary Charges 3, 7 and 13, unlicensed driving.
13On 21 December 2021, police searched your home and found registration plates, ending in 133. They had been stolen on about 16 December 2021. This is the subject of Charge 8, handle stolen goods.
14The search also found a watch, bangle, rings and a necklace. These items are the subject of Summary Charge 18, dealing with property suspected of being the proceeds of crime.
15When you were present at your home, you were arrested and searched. The search found a razor flick knife. This is the subject of Summary Charge 17, possessing a prohibited weapon.
16On 21 December 2021, you were interviewed by the police and denied any involvement in the offending.
Personal
17You are now 25. You have an older brother and a younger sister.
18Your mother describes your father was violent but often absent through your infancy and young childhood. Your memory is of a good childhood and a family life until you were about 10. At about that age, your father became angrier, drank more and was verbally abusive to you and your brother and sister. According to your mother, your father was often absent from the home.
19You were close to your great grandmother. She lived in your home. She died when you were 18. Shortly afterwards, your parents separated when your father left. Unfortunately, your mother was unable to keep the home and you became homeless. Although your brother and sister went to live with your father, you were not allowed to do so. You were unable to live with your mother. When your mother did find a new home, you lived with her.
20Your secondary education ended while you were in Year 8. You were expelled due to your poor attendance and misbehaviour. You were suspended many times before your expulsion. However, since leaving secondary school, you prospered in the sense of completing a Certificate II in Engineering and Panel beating.
You worked in panel beating for about three months before starting a roofing or 'roof plumbing' apprenticeship. You left the apprenticeship after about a month and have not worked since then. Your leaving was caused by the emotional upheaval of the breakup of your relationship.21You started smoking marijuana in your early adolescence and drinking alcohol
at 13 and methylamphetamine at 17 or 18. This drug was used after your mental health declined following your great grandmother's death and the breakdown of a relationship. When in the community, it is difficult to gauge your drug use. It may include heroin, GHB and alcohol. In prison, you are prescribed methadone.22You have had one partner. There were two periods of your relationship, separated by four years. The second period ended after you deliberately distanced yourself from her after you resumed using drugs and re-offended.
23After the end of the first period of your relationship, in April 2016, you attempted suicide by riding a motorcycle into the rear of a parked vehicle at 80 kilometres an hour. You fractured a femur and a vertebrae and lost consciousness. You cannot now remember the accident or the events leading up to it apart from you arguing with your girlfriend. Since the accident, your memory has been faulty. This incident causes you symptoms including flashbacks and nightmares. You coped with the second breakup much better.
24In March 2018, you were admitted to a hospital overnight after speaking about suicide to your mother.
25You are in a new relationship. You have a regular audio-visual contact. You would like to live with your new partner after your release.
26After 2016, you attributed your offending to the death of your great grandmother, the separation of your parents and the end of your relationship. You admit criminal behaviour before these events but were not detected by the police.
27For the present offences, you say they were committed because of an overwhelming desire to possess a particular motor vehicle. This desire overwhelmed any consideration of the effect of your action on the seller. You denied being drug affected at the time of the offending.
Psychologist
Yamin
28Sami Yamin is a Clinical Neuropsychologist. He interviewed you on or about
13 March 2023.29In the process of assessing you, Dr Yamin used 13 psychometric tests. He found your full-scale IQ was 72, which he described as 'extremely-low range.' He found your ability to remember and learn was reduced. As to executive functions, you performed simple tasks, but were moderately disorganised with more complex tasks requiring multiple steps. You were inefficient at solving problems. Your inhibition, self-monitoring and impulse control were severely reduced.
30Dr Yamin saw several factors causing these deficits: your attention deficit hyperactivity disorder; your autism spectrum disorder; perhaps, a mild brain injury acquired in the motor vehicle accident; and your early use of drugs and alcohol.
31Overall, your ability to make appropriate judgments involving clear and rational choices, is impaired. It is likely you were disinhibited at the time of the offending. The state of disinhibition and inappropriate judgement would have been made worse by your drug taking.
32Dr Yamin recommended:
(a)treatment by a clinical psychologist specialising in trauma;
(b)engaging in intensive drug and alcohol rehabilitation services.
33He stressed the need for appropriate communication with you with your weaknesses in remembering and understanding a spoken and written word.
Albrecht
34Bonnie Albrecht is a Forensic Psychologist. On behalf of Forensicare, she interviewed you on 31 March 2023 and reported[1].
[1] Report dated 21 April 2023.
35Dr Albrecht examined your risk of re-offending and concluded you are a high risk of violent re-offending. The risk is reduced while you are in custody due to,
'Its increased structure and reduced exposure to social and material influences and stressors relating to his finances and frustrated gratification'[2].
[2] At [49].
36Even so, in prison, you are a moderate risk of imminent violence.
37Of the various past diagnoses, Dr Albrecht found features of attention deficit, hyperactivity disorder and autism spectrum disorder present. She traced your acquisitive, reckless and deceptive behaviours from your early adolescence. She explained how these behaviours developed in you in paragraph 53 of her report. Although a long paragraph, quoting it is helpful:
'It is evident that Mr Tre-Week-Kane has been engaging in similar acquisitive, reckless, and deceptive behaviours since his early adolescence. As is common in neurodivergent individuals, he seems to have been keenly aware of how he suffered from his peers from a young age and undertook behaviours designed to more closely assimilate with others. This includes embarrassment of his academic struggles, seeking to attain items/clothes others had, ceasing medication because others did not need it, and in later years, ceasing a supportive workplace arrangement because his friends were in a different trade and wanting the same cars that his friends had. He came to learn that he could elicit specific care or outcomes from his mother through tantrums and/or distress-laden statements, and that he could achieve desired outcomes through violence and/or theft.'
'The latter being seemingly reinforced by his early social network. At the same time, the increasingly challenging environment at home seems to have impacted his distress levels, and his family and school environment seemed, despite best efforts, unable to provide sufficient stability or structure to scaffold his emotional, behavioural, and learning needs. This includes learning how to cope with delayed gratification and frustration tolerance, particularly after he ceased ADHD and mood stabilising medication in his mid-teens. He tasked effective ways to manage his internal distress, and found that drug use, first cannabis and later ice, helped with reducing unpleasant thoughts and to relax.'
'In the context of multiple issues across 2016, and the increased instability to his housing and family situation that followed, he repeatedly returned to drug use. This further perpetuated the cycle of homelessness and connection with drug-using and criminal others. Vulnerability to the influence of others, and urge management deficits, seems to have contributed to relapses following brief periods of instability (i.e., brief returns to his mother's house or custody). Now, Mr Tre-Week-Kane continues to present with primarily avoidance coping strategies, seeking to self-medicate or sleep through unpleasant emotions or boredom. Potentially genuine requests for support in custody, such as for ADHD or mood-stabilising medication, are not followed up by him; and instead, he inappropriately seeks and relies on OSTP as another form of (possibly more 'popular') self-medication.'
38As to the current offences, she said[3]:
'The current offending occurred on the background of neurodevelopmentally impacted impulse and behavioural control, sensation seeking, an absence of effective ways to tolerate delayed gratification, and social sensitivities, in addition to a particular interest in cars.'
[3] At [54].
39Overall, your capacity to reason, make calm judgments and manage your emotional and behavioural impulses were compromised at the time of the offending.
40She concluded drug use did not appear to be a necessary ingredient to understanding your offence patterns.
41There is no evidence of imprisonment weighing more heavily on you than the average prisoner or any deterioration in your various psychological conditions.
42Dr Albrecht found remorse difficult to assess clinically. To her, you expressed some regret. But your psychological make-up impacted upon you rather than others. Using my language to describe her view, in terms of deterrence, the impact upon you of the sentence is more effective than remorse.
43As to the relationship between your substance use, psychological conditions and your offending, Dr Albrecht said[4]:
'…whilst it may at times contribute to his engagement in offending, and possibly contributes overall reduced wellbeing and decision-making capabilities by way of sleep disruption, drug use does not appear to be a necessary ingredient in understanding his offence pattern.'
[4] At [66].
44As to your management and treatment, Dr Albrecht recommended:
(a) reviewal by a psychiatrist to consider the suitable medication for your ADHD condition and whether your opiate substitute therapy should continue;
(b) specialised psychological counselling to develop other ways to manage your acute delay, urge delay, and frustration tolerance. Your drug use should be treated through a psychologist to avoid proliferation of service providers; and
(c) when out of prison, you will need help over housing, employment and, perhaps, managing your finances.
Discussion
45Section 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 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.
46In Mammoliti v R[5], the joint judgment quoted from the Attorney-General's second reading speech explaining why four offences were being created, including carjacking and aggravated carjacking[6]:
'The government is introducing offences and penalties which appropriately reflect the terrifying nature of these crimes. I n doing so, the government and the Parliament, denounce the perpetrators of such crimes in the strongest terms and send a message to the community that such activities will not be tolerated.'
[5] [2020] VSCA 52.
[6] At [8].
47As to the offence of aggravated carjacking, the Attorney-General said[7]:
'The offence carries a maximum period of imprisonment of 25 years. In order to recognise the particular seriousness of this offence there is a statutory minimum sentence of three years. This is intended to be a serious deterrent to those who plan to use weapons and violence to take another person's vehicle.'
[7] At [9].
48Plainly, Parliament intended to discourage emphatically the behaviour behind aggravated carjacking by setting a maximum penalty of 25 years' imprisonment and a minimum non-parole period of three years' imprisonment. In the passages I have quoted, the Attorney-General explicitly and implicitly emphasised the importance of all of the sentencing purposes except rehabilitation.
49The Director concedes you are still a young offender. This raises the prominence of rehabilitation in sentencing you as discussed in R v Mills[8] and Azzopardi v R[9]. However, her counsel quoted this passage from Azzopardi's case[10]:
'The general propositions which flow from these authorities is that where the degree of criminality of the offences requires the sentencing objectives of deterrence, denunciation, just punishment and protection of the community to become more prominent in the sentencing calculus, the weight to be attached to youth is correspondingly reduced. As the level of seriousness of the criminality increases there will be a corresponding reduction in the mitigating effects of the offender's youth.'
[8] [1998] 4 VR 235.
[9] (2011) 35 VR 43.
[10] At [44].
Verdins
50For someone with your psychological makeup, the principles stated in the case of Verdins v R[11] become relevant. On the basis of the report of Dr Albrecht report, the Director concedes the applicability of principles 1 to 4. You no longer submit principles 5 and 6 apply.
[11] (2007) 16 VR 269.
51The fourth principle deals with the sentencing purpose of specific deterrence. Owing to your psychological state, specific deterrence should be given less weight notwithstanding your criminal history. At present, you are incapable of appropriately moderating your behaviour. Treatment may change the picture but at present, you are handicapped. However, the same factor means emphasis must be given to another purpose of sentencing protecting the community from you. If you are unable to act lawfully then I should impose a sentence which, within the bounds of proportionality, protect the community from you.
Bugmy
52Your counsel relies upon Bugmy v R[12] to moderate the sentencing purposes of general and specific deterrence. Your life from the age of 10 to at least 18 was disrupted. However, your anti-social behaviour stems from the person your psychological disorders render you. As Dr Albrecht says, you are a neurodivergent individual due to your attention deficit hyperactivity disorder and autism spectrum disorder. I have quoted paragraph 53 of her report.
[12] (2013) 249 CLR 571.
53As can be seen, your childhood and adolescent experiences have aggravated your psychological state, leading in part to your drug usage. What the High Court discussed in Bugmy's case is relevant but is largely subsumed by the considerations demanded by the case of Verdins.
COVID-19
54Your counsel also relies on the fact you have spent time in custody during the restrictions caused by the virus, which has been more burdensome than at normal times. There have been restrictions on time out of cells, visits from family and friends, undertaking educational and other programmes. I do not know whether you feared contracting the virus.
Delay
55Your case has taken a long time to reach this stage. I do not know whether the delay has weighed upon you but it has allowed you to pursue other activities.
56Your offences were committed while you were on bail. I must keep in mind the requirements of s16(3C) of the Sentencing Act. This provision weakens the principle of totality but does not eliminate it.
57Section 5(2) of the Sentencing Act sets out the series of matters which I must consider in sentencing you, where they are relevant.
Maximum Penalties
58The maximum penalties are:
(a) aggravated carjacking – 25 years' imprisonment;
(b) theft – 10 years' imprisonment;
(c) handling stolen goods – 15 years' imprisonment;
(d) dealing with property suspected of being the proceeds of crime – two years' imprisonment or a fine of 240 penalty units;
(e) committing an indictable offence while on bail – three months' imprisonment or a fine of 30 penalty units;
(f) contravening a condition of bail – 3 months' imprisonment or a fine of 30 penalty units;
(g) common assault – three months' imprisonment or a fine of 15 penalty units;
(h) a controlled weapon – 12 months; imprisonment or a fine of 120 penalty units;
(i) unlicensed driving – six months' imprisonment or a fine of 60 penalty units.
59Section 10AD of the Sentencing Act 1991 requires the imposition of a term of imprisonment for the offence of aggravated carjacking 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. Section 10(2)(c)(i) provides:
‘The offender proves on the balance of probabilities that:
(i)subject to sub-s(2A), at the time of the commission of the offence, he or she had impaired mental functioning that is causally linked to the commission of the offence and substantially and materially reduces the offender's culpability...’.
60Sub-section (2A) provides:
‘sub-s(2)(c)(i) does not apply to impaired mental functioning caused substantially by self-induced intoxication.’
61Dr Albrecht's conclusion about your drug use and offending rendered this subsection inapplicable.
62After reading Dr Albrecht's report, the Director concedes there is the special reason set out in s10A(2)(c)(i) of the Sentencing Act. Accordingly, I am not required to set a minimum term on the charge of aggravated carjacking of not less than three years' imprisonment.
Nature and gravity of the offending
63In discussing the nature and gravity of your offending, attention naturally focuses on the charge of aggravated carjacking for it is the most serious charge you face.
64The circumstances were unpleasant but with this offence they usually are. The victim was trying to sell his vehicle. The offence was committed in the middle of the day. You held a knife to him. You threatened to stab him while moving towards him.
65As for Charge 7, theft of a car, you struck the victim with the vehicle as you drove away. This was accidental and caused minor injury.
66Your offending in Charges 1 and 7 was planned in the sense you met the victims after viewing online sales websites and arriving yourself with a knife.
67The offending in Charges 1 to 8 occurred about three months after you were released from custody following sentences for theft of motor vehicles and reckless conduct endangering serious injury.
Victim impact statements
68There are no victim impact statements. Each victim was given the opportunity to make a statement but declined to do so. In her written submissions on sentence, counsel for the Director quoted passages from the statements of these victims:
(a) Mr Ozeren: '…this experience has made me angry as I have now lost my car and everything inside, and it has made me worried for my family in case he goes to my house to do something';
(b) Mr Monahan: 'I was in fear when he had the knife pointed at me. I felt pretty shit and losing a $5,000 tool is upsetting';
(c) Mr Hanlon: 'This incident has rattled me, made me somewhat question other people, especially given we made eye contact and he still chose to drive at me.'
69Pausing there, I do not accept your driving at Mr Hanlon was deliberate.
Criminal history
70Between 11 January 2017 and 15 April 2021, you have appeared in a criminal court on six occasions and have been found guilty or convicted of 78 charges. You have been sentenced to imprisonment on five occasions.
71Your longest sentence was imposed on 24 April 2020 when you were sentenced to 12 months' imprisonment and a Community Correction Order of 12 months' duration. Apart from contravening a Community Correction Order, there were 36 charges including many of dishonesty. Owing to the extent of your pre-sentence detention, you should have been released from custody on 24 April 2020. Your next court appearance was on 1 September 2020. One of the charges was contravening the Community Correction Order imposed on 24 April. Despite the contravention, the order remained. However, on 17 March 2021, you again contravened the order. This history speaks to your prospects of rehabilitation and the sentencing purposes of specific deterrence and protecting the community from you.
72Within your criminal history are 18 charges of theft of a motor vehicle, two charges of reckless conduct endangering serious injury and three charges of contravening a Community Correction Order. There are many charges of committing an indictable offence on bail and driving while disqualified.
Guilty pleas
73In terms of the timing of your pleas of guilty, they occurred at the earliest reasonable opportunity.
74By pleading guilty, you have accepted responsibility for your offending. From the perspective of the criminal justice system, it saves the time and expense of a jury trial. It allows other trials to be listed earlier than would be the case. You have spared witnesses the burden of giving evidence in a trial. Giving evidence is rarely easy and more so, for the victim of the carjacking offence and the other offences.
75At the present time, a guilty plea deserves a greater discount on sentence than in other times. Why this is so was explained in the case of Worboyes v R,[13] 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'.
[13] [2021] VSCA 169 at [35].
76Even though this passage appeared in a 2021 judgment, it still remains applicable. This court, and other criminal 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.
77Given Dr Albrecht's assessment, I do not consider your guilty pleas are evidence of your remorse for your offending. You regret the offending and the position it has placed you in but you are not remorseful.
78Nevertheless, your guilty pleas entitle you to a significant discount on the sentence which would otherwise have been imposed if you pleaded not guilty but had been found guilty after a trial.
Prospects of rehabilitation
79As to your prospects of rehabilitation, Dr Albrecht concluded you are at present a high risk of violent re-offending if in the community. However, you are still young. The ability of a young person to change is greater than that of an older person, whose ways may be set. You have the support of your mother and sister. You have undertaken two programs while in custody and worked as a billet, all of which is a positive sign. My sentence will enable the authorities to assess the treatment needs outlined by Dr Albrecht. In fact, her report will make their task somewhat easier through her intense psychological assessment of you. Given the complexity of your condition, the success of the appropriate treatment is uncertain. The fact of my sentences should have some deterrent effect on you.
80Your prospects depend on the success of various forms of treatment. Earlier attempts have failed. Whether you are rehabilitated is conditional upon the success of future treatment. At the present time, your prospects are uncertain but owing to the other factors, tending towards the positive.
Sentence
81On Charge 1, a charge of stealing a Modis Ultra Diagnostic Vehicle Tool,
I sentence you to one years' imprisonment.82On Charge 2, a charge of stealing a 2012 Volkswagen Golf sedan, I sentence you to one years' imprisonment.
83On Charge 3, a charge of a charge of aggravated carjacking, I sentence you to four years' imprisonment.
84On Charge 4, a charge of stealing $37.18 of petrol, I sentence you to one months' imprisonment.
85On Charge 5, a charge of stealing $83.85 of petrol, I sentence you to one months' imprisonment.
86On Charge 6, a charge of stealing $6.99 of petrol, I sentence you to one months' imprisonment.
87On Charge 7, a charge of stealing a 2008 Holden Commodore utility, I sentence you to one years' imprisonment.
88On Charge 8, a charge of dishonestly retaining registration plates, I sentence you to one months' imprisonment.
89On Summary Charge 2, a rolled-up charge of committing an indictable offence on bail, I sentence you to two months' imprisonment.
90On Charge 4, a rolled-up charge of contravening a conduct condition of bail,
I sentence you to two months' imprisonment.91On Summary Charge 3, a charge of unlicensed driving, I convict and discharge you. For this and the other charges of unlicenced driving, I do not think a fine will serve any useful purpose in light of the sentences of imprisonment I am imposing.
92On Summary Charge 7, a charge of unlicensed driving, I convict and discharge you.
93On Summary Charge 13, a charge of unlicensed driving, I convict and discharge you.
94On Summary Charge 17, a charge of possessing a controlled weapon, I sentence you to two weeks' imprisonment.
95On Summary Charge 27, a charge of unlawful assault, I sentence you to one months' imprisonment.
96The base sentence is the sentence on Charge 3, the charge of aggravated carjacking. Four months of the sentences on Charges 1, 2 and 7 and the sentence on Summary Charge 2 are to be served cumulatively upon themselves and upon the base sentence. The other sentences of imprisonment are to be served concurrently with each other and the other sentences of imprisonment. The total effective sentence is five years and two months' imprisonment. I will set a non-parole period of two years and eight months' imprisonment.
Pre-sentence detention
97Excluding today, you have been in custody for 524 days on these charges. I will declare those 524 days as time served under my sentences today.
S 6AAA
98If you had not pleaded guilty to these charges but were found guilty after a trial,
I would have sentenced you to a total effective sentence of six and a half years' imprisonment.
Licence
99On each of Charges 2 and 7 on the indictment, any licence or permit you hold to drive a motor vehicle is cancelled and you are disqualified from obtaining a licence or permit to drive a motor vehicle for 24 months.
100For Summary Charges 3, 7 and 13, I will make the same order for cancellation and disqualification but the period will be three months each. Since all of the periods of disqualification commence today, the effective period of disqualification is 24 months.
Forfeiture and disposal orders
101I will make the forfeiture order in the terms sought.
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