Director of Public Prosecutions v Walker

[2023] VCC 1160

IN THE COUNTY COURT OF VICTORIA

AT BENDIGO

CRIMINAL DIVISION

Revised
Not Restricted
Suitable for Publication

CR-21-01726

DIRECTOR OF PUBLIC PROSECUTIONS

v

TIMOTHY WALKER

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JUDGE:	HER HONOUR JUDGE HASSAN
WHERE HELD:	Melbourne
DATE OF HEARING:	16 June 2023
DATE OF SENTENCE:	28 June 2023
CASE MAY BE CITED AS:	DPP v Walker
MEDIUM NEUTRAL CITATION:	[2023] VCC 1160

REASONS FOR SENTENCE
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Subject:   CRIMINAL LAW

Catchwords:              Sentence – guilty plea – Burglary (2 charges); theft (10 charges); attempted theft (1 charge); obtaining financial advantage by deception (1 charge); dangerous or negligent driving being pursued by police (3 charge); aggravated offence of recklessly exposing an emergency worker to risk by driving (1 charge); criminal damage (1 charge).

Legislation cited:       Sentencing Act 1991.

Cases cited:Bugmy v R (2013) 302 ALR 192; Worboyes v The Queen [2021] VSCA 169; Nelson v The Queen [2020] VSCA 219; McKay v The King No.2 [2023] VSCA 8.

Sentence:Total effective sentence: 4 years and 10 months with a non parole period of 3 years and 6 months. S.6AAA – 7 years’ imprisonment with a non parole of 5 years’.

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr D. Cordy	Office of Public Prosecutions
For the Accused	Mr J. Miller	Stary Norton Halphen

HER HONOUR:

1Timothy Walker you have pleaded guilty to the following offences.

2Two charges of burglary, for which the maximum penalty is a term of imprisonment of 10 years.

3Ten charges of theft, for which the maximum penalty is in a term of imprisonment of 10 years.

4One charge of attempted theft, for which the maximum penalty is five years' imprisonment.

5One charge of obtaining financial advantage by deception, for which the maximum penalty is 10 years' imprisonment.

6Three charges of dangerous or negligent driving while being pursued by police, for which the maximum penalty's a term of imprisonment of three years.

7One charge of aggravated offence of recklessly exposing an emergency worker to risk by driving, for which the maximum penalty is 10 years' imprisonment.

8And one charge of criminal damage, for which the maximum penalty it 10 years' imprisonment.

9Charge 17, which is the charge of aggravated reckless exposure of an emergency worker to risk, is a category 2 offence, pursuant to s3(1) of the Sentencing Act (“the Act”). And therefore pursuant to s5(2H) of the Act, the Court must impose a sentence of imprisonment other than a custodial sentence of imprisonment and a correction order unless a special reason exists under the Act. There was no submission made that an exception to the mandatory application of s5(2H) applied in your case.

10The charge of recklessly exposing an emergency worker to risk by driving, is one of a number of relatively new serious driving offences, focused on the safety of emergency workers, which includes police, in order to address the prevalence of offenders using motor vehicles to harm police and emergency workers, and to recognise that violence towards police and emergency workers in the line of duty is unacceptable and will not be tolerated.

11The circumstances of your offending are set out in the prosecution opening, which was tendered at your plea.  In brief terms, they are as follows.

12

At approximately 5 am on 28 September 2020, you and an unknown male forced entry to the Golden City Medical Clinical on Eaglehawk Road, Ironbark.  Once inside you stole two computer monitors, a safe, assorted medications,

500 one ounce coins, power tools, sound bars and a television.  Upon leaving you stole a six by four box trailer located at the rear of the clinic.  The total value of the stolen property is estimated to be approximately $40,000.  And that's the basis of Charges 1 and 2, of burglary and theft.

13On 1 October 2020, you attended Plaza Auto Sales situated on Napier Street, White Hills.  You removed registration plates from a Toyota Camry and affixed the registration plates to a Toyota Yaris hatchback that you were driving.  And that's a charge of theft.

14

At approximately 1 am on 2 October 2020, you attended the Oasis Car Wash at Strathfieldsaye.  At the time you were driving the Toyota Yaris which was displaying the stolen registration plates.  CCTV at the premises depicts you unsuccessfully attempting to use an angle grinder to break into a vacuum cleaner cashbox.  You departed the premises at approximately 2.15 am and returned at 4.51 am with a chainsaw.  You were unable to start the chainsaw and then appeared to have been disturbed by a passerby before fleeing the scene at

4.55 am.  Crime scene officers attended the scene the following morning.  A palm print was lifted from the front of the vacuum cleaner, which was later identified as belonging to you and that's a charge of attempted theft.

15At approximately 5.20 am on 2 April 2020, you attended the Spring Gully Animal Hospital where you forced entry by the rear door using a Gemmy bar.  You caused damage to the frame and the door in the process of gaining entry.  Once inside you attempted to steal an autoclave sterilising system, valued at approximately $10,000 but were unsuccessful.  You then stole a Dell computer valued at $3,000.  And that's charges of burglary and theft at the animal clinic.

16Between the hours of 4 am and 6 am on 21 October 2020, you attended at the residence of Jeffrey Stewart.  You gained entry by the unlocked rear door of the house, upon entry you stole a set of car keys before exiting the premises.  During this time, the victim, Mr Stewart, was asleep in his bedroom.  You used the keys to steal a silver Mitsubishi Triton vehicle belonging to Mr Stewart which was situated outside his address.  And that's the charge of theft.  There's a charge of the keys and the theft of the motor vehicle.

17

Later the same morning, at approximately 7.29 am, you attended the

Caltex Service Station on McIvor Road Bendigo in the stolen vehicle.  You filled the vehicle, using a stolen credit card belonging to Mr Stewart to purchase fuel and that's Charge 9, obtaining a financial advantage by deception.

18At approximately 3.30 pm on 22 October 2020, you were observed by police leaving 25 Derwent Drive, Long Gully.  You noticed the police members who were in a marked police divisional van.  Upon sighting police you ran to the stolen Mitsubishi Triton vehicle and accelerated away.  Police activated their red and blue emergency lights and began pursuing you.  You turned into Eaglehawk Road, where you veered into oncoming traffic and overtook a bus.  Police ceased the pursuit due to the dangerousness of your driving.  And that's Charge 10, negligent or dangerous driving while pursued by police.

19

At 10.06 pm on 23 October 2020, driving the stolen Mitsubishi Triton, you entered the Apco Service Station in McIvor Road Strathdale.  You filled the vehicle with

$33.05 worth of unleaded fuel, you re-entered the vehicle and exited the service station without making any attempt to pay.  You did not hold a valid driver's licence at this time and that's a charge of theft.

20At 8.47 pm on 26 October 2020, again driving the stolen Mitsubishi Triton you entered the EG Fuel in Condon Street, Kennington.  You filled the vehicle this time with $49.48 wort of premium unleaded fuel.  You re-entered the vehicle and exited the service station without making any attempt to pay and that's another charge of theft.

21

At 9.34 pm on 28 October 2020, again driving a stolen vehicle, you entered the

Caltex Service Station, situated on High Street, Golden Square.  This time you filled the vehicle with unleaded fuel worth $45.82, you re-entered the vehicle, exited the service station without making any attempt to pay, and that's another charge of theft.

22At 8.27 pm on 30 October 2020, driving the stolen vehicle, you entered the Coles Express Service Station at 39 McIvor Road, Bendigo.  You filled the vehicle with unleaded fuel worth $50.72, you re-entered the vehicle, exited without attempting to pay.  Another charge of theft.

23At 5.35 pm on 31 October 2020, driving the stolen vehicle, you entered the Caltex on McIvor Road, Bendigo.  You filled the vehicle with unleaded fuel worth $57.71, again you re-entered the vehicle, exited the service station, without making any attempt to pay for the petrol.  And that’s another charge of theft.

24

At 2.54 am on 2 November 2020, you were observed in the stolen Mitsubishi Triton travelling at a fast rate of speed northbound on Barry Road.  Police units subsequently commenced pursuing you as you drove at speed through residential and commercial areas within Somerton, Broadmeadows and Fawkner.  You were observed travelling at speed through red traffic control signals at the intersections of Barry and Sydney Roads and Grimshaw Street, Greensborough.  You were observed travelling at an estimated speed of a hundred kilometres per hour on Plenty Road.  You drove through a red traffic signal at the intersection of

Kingsbury Drive and were observed driving erratically and at speed through the suburbs of Reservoir and Preston.

25

At 3.27 am the police air wing began monitoring you, and at this time several police units responded to the request to intercept you.  You were observed reaching speeds of a hundred kilometres per hour in Reservoir, Preston and Northcote residential areas.  You were observed continuing through a red light traffic signal on Alexander Parade, before reaching estimated speeds of between 130 and

140 kilometres per hour on the Eastern Freeway.  You were observed continuing through a red light signal at Croydon Park, at the intersection with

Anderson Road, Lilydale, police deployed spike strips which you avoided by travelling on the wrong side of the road. 

26You returned to the correct side of the road before re-entering the Maroondah Highway on the wrong side of the road, travelling at a fast rate of speed.  You entered the correct side of the road, before avoiding a second attempt by police to deploy spike strips.  You continued through a red traffic signal at the intersection of Middleborough Road before re-entering the Eastern Freeway where it was estimated you were reaching speeds of a hundred and forty kilometres per hour.  You exited the Eastern Freeway at Chandler Road where you were observed entering a 7-Eleven Service Station.  Your passenger, Amanda Dunn, exited the vehicle and attempted to fill the vehicle with fuel, but was unsuccessful, due to the pre-pay system.  And this charge, the driving in respect of this charge, is Charge 16, dangerous or negligent driving while pursued by police.

27

Shortly afterwards, First Constable Christie and Constable Merchant entered the 7-Eleven Service Station in a marked divisional van with the emergency lights activated.  Upon sighting police, Amanda Dunn, ran back to the vehicle and

re-entered via the passenger door.  You made a U-Turn on the concrete apron to face north.  First Constable Christie positioned the police divisional van behind your vehicle, you reversed into the police divisional van causing damage.

28At this time Senior Constable Tivondale and Constable Brewster driving a marked police divisional van with emergency lights activated, entered the service station and collided with the front of your vehicle, in an effort to prevent you from fleeing and causing more damage.

29Police members began alighting from the police divisional vans.  You drove into the front of the police divisional van of Senior Constable Tivondale in order to escape.  You then momentarily reversed into the divisional van which was driven by First Constable Christy, before driving over temporary fencing and fleeing the scene.  First Constable Ty Christy, sustained minor injury to his knee involving grazing and some bruising as a result of this incident.

30

You exited the service station before travelling at an estimated speed of a

hundred kilometres an hour on the wrong side of the road on Bridge Road.  You were last observed on the Wurundjeri Way travelling at an estimated speed of a hundred and twenty kilometres an hour with the headlights of the vehicle switched off.

31At approximately 11.06 am on 4 November 2020, police observed you standing next to the stolen Mitsubishi Triton vehicle in dense bushland in the West Bendigo area.  Upon noticing police you re-entered the vehicle and fled the area via a fire track.  A short time later police attempted to intercept you on Lancashire Street, West Bendigo.  Police activated the emergency lights and sirens, you failed to stop and continued driving.

32

At 12.54 pm on 5 November 2020, you and Amanda Dunn were observed by police in the stolen Mitsubishi Triton vehicle in Coulson Street Street, Eaglehawk.  You were located by the police air wing and were observed for approximately

30 minutes driving at a high speed through residential areas.  You were observed reaching speeds in excess of a hundred and twenty kilometres per hour in

60 kilometre per hour zones.  You were pursued by police and drove through four red lights at speed.  You twice overtook vehicles at speeds on the wrong side of the road in close proximity to primary schools.  Your driving forced vehicles to take evasive action in order to avoid a collision.

33You collided with the front gate of McCulloch Engineering, Midland Highway, Epsom.  This caused estimated damage of $750 to the property.  You lost control of the vehicle and collided with a tree at 1.23 pm.  Both you and Amanda Dunn were conveyed to the Bendigo Hospital.  At the hospital a blood sample was taken from you, which later returned a positive result for methylamphetamine.  Police conducted a search of the stolen Mitsubishi and located a driver's licence in the name of Holly Thorpe, two driver's licence and two bank cards in the name of Jeffrey Stewart and a red coloured flick knife.  You were released from hospital on 6 November 2020.  You were remanded in custody.  You declined to participate in a record of interview.

34You pleaded guilty on 21 February 2023 in this Court.  There was a committal hearing in the Magistrates' Court on 21 August 2021.  Thereafter there were a number of adjourned directions hearings in this Court.  You contested some identification evidence in respect of the charges of 2 November 2020, which are the charges which relate to you driving at police members and the police pursuit which followed.  The material was ruled admissible.  It seems after this, discussions to fully resolve this matter ensued.

35This is not an early plea, nevertheless it is a plea of guilty which occurs in the context of the still ongoing delays in the administration of justice, caused by the COVID-19 pandemic.  You have saved the victims and the community the cost and trauma of what would have been a trial of some length, I therefore sentence you in accordance with the principles set out in the case of Worboyes[1].  I accept by virtue of your plea, you accept criminal responsibility for your actions.

[1]Worboyes v The Queen [2021] VSCA 169

36Victim impact statements were tendered from Margot Walton, from the Golden City Medical Clinic.  She says her clinic lost a significant amount of data on the computer.  She says many surgeries and radiographs have had to be postponed.  She says patients have had to be referred to other clinics and this has caused her a financial loss.  She says she has experienced fear and frustration and has had to install increased security at the clinic.

37Jeffrey Stewart, whose car you stole after entering his home and stealing the keys, says he is out-of-pocket around $2,000 in relation to the expenses he incurred in organising a replacement car.  He says for a couple of months afterwards his own sleep was disturbed.  He says, he was intending to bring his family to Bendigo and stay over the summer, but he says he no longer feels safe here and will not bring his children here.

38Ty Christy one of the police members you drove at on 2 November 2020, says he remembers thinking at the time, that if police were unable to stop you, you would kill someone or kill yourself.  He says, he is angry about the risk to which you subjected him, his colleagues and the public.  He says, being a police member has always been his dream job, but now he questions his choice.  Whenever a job involving a vehicle comes up, he says he feels anxious, not only for himself but for other attending members.  I take into account the effects of your victims in the sentence I will impose.

39I turn now to assess the objective seriousness of your offending.  First, charges 1 and 2, involve a burglary at a medical practice during which a significant amount of property valued at $40,000 was stolen.  Charge 5, involves a burglary at an animal hospital, where property worth $3,000 was stolen.  These are serious examples of commercial burglaries which involve businesses which provide treatment and care to people and animals.  The operation of both clinics was disrupted as Ms Walton's victim impact statement makes clear, your burglary and theft at the Golden City Medical Clinic, has caused additional stress to people who are seeking medical procedures.

40Your theft of Mr Stewart's car involved you first going into his home at night and taking his keys, which involves a violation of Mr Stewart's home and a consequent loss of the sense of safety and wellbeing which is associated with the home.

41Your conduct on 2 November 2020 is very serious indeed.  First, your driving through residential and commercial areas was at high speed and involved you on multiple occasions driving through red lights.  Next, the charge of exposing emergency workers to risk is a rolled-up charge, encompassing as it does the four police members who you drove at.  One member, First Constable Christie sustained an injury, albeit a minor one, during the incident.  It is completely unacceptable to subject those working to protect the community, to this level of aggression and danger.  As has already been set out in these reasons, this charge carries a mandatory sentence of imprisonment.

42After this you embarked on yet another episode of driving at high speed under police pursuit.  Finally on the 4th and 5 November, yet again under police pursuit, you drove at high speeds through residential areas.  Other drivers were put at risk and were forced to take evasive action to avoid you.  Throughout your offending, you also put at risk, your passenger Ms Dunn.  Viewed globally, your offending was a six week period of criminality involving commercial burglaries, multiple thefts, ongoing unlicenced driving and which culminated in the events of the 2nd and 4th and 5th of November 2020.  Your criminal conduct involves multiple victims and a wanton disregard for public safety.  At all times you were driving unlicenced and this is an aggravating feature of your offending.  I regard your moral culpability as high.

43You have a lengthy criminal history, with prior convictions for drug and dishonesty offences.  You have five prior convictions for burglary, multiple convictions for theft of a motor vehicle and a 2004 conviction for armed robbery, for which you received a head sentence of 30 months' imprisonment.  The most striking aspect of your criminal record is however, your truly appalling driving history.  You have multiple prior convictions for unlicenced driving, driving whilst disqualified, speeding, driving when intoxicated, driving in a dangerous manner and recklessly placing another person at risk of serious injury while driving.

44You were sentenced to a community-based order with a justice plan in January 2002 but thereafter you have been sentenced to terms of imprisonment in a youth training centre or an adult gaol.

45I turn now to matters raised at your plea.  Your personal circumstances were outlined in the psychological report from Ms Gina Cidoni, Psychologist, dated 20 June 2023.  Ms Cidoni assessed you on 16 June 2023 in custody.

46You were born on 2 May 1984, you are presently 39 years old.  You were born in Ferntree Gully and grew up with your mother and stepfather.  You have never met your biological father and are unaware of his identity.  Your stepfather was physically and mentally abusive to you.  Your mother was a heroin addict who overdosed on many occasions during your childhood.

47You were placed in foster care at the age of 12 where you allege you were sexually abused by a foster carer.  You told Ms Cidoni that your allegations have been considered by the Royal Commission into Institutional Responses to Child Sexual Abuse, and that you have had lawyers engaged for six years dealing with your claim.

48The highest level of schooling you have, is Grade 6.  You can read but you struggle writing.  You have attempted some vocational training and have had some work as a bricklayer.  You were expelled from residential care at the age of 17.  At 18 you had a pregnant partner and lived in transient accommodation.  This relationship ended when you were 20 years old.  You have no contact with your son from this relationship. 

49Your next relationship lasted 10 years and you have a son and a daughter from this relationship.  When this relationship ended, your partner remarried and went to live in Ballarat with your children.  You have not seen your children from this relationship for three years.  Your last partner was Ms Dunn.  You told Ms Cidoni that she is currently in gaol.  You told Ms Cidoni that you have never had stable accommodation.

50You began using cannabis when you were only 10.  You started using amphetamines at 11.  And you were binge drinking in your early teens.  You told Ms Cidoni, you used drugs with impunity when you were in residential care.  You were introduced to heroin at 14 when you were in residential care.  You told Ms Cidoni, you estimate you have overdosed on heroin around 10 times.

51You told Ms Cidoni that you were diagnosed with ADHD and prescribed Ritalin during your childhood.  You told Ms Cidoni, you suffered a blunt trauma head injury, and at around the age of 27 and a neuropsychological assessment confirmed you had an acquired brain injury.  Justice Health material available to Ms Cidoni, disclosed an array of diagnoses, including a mild intellectual disability, socialised conduct disorder, drug-induced psychosis and anxiety.  To manage these conditions you have been prescribed a suite of drugs, including anti-psychotic medication.  You had an inpatient admission on 16 October 2019. You were last in contact with Bendigo Mental Health Services in January 2020.  In custody, you were being assisted by the NDIS and a specialist support coordinator from the Jesuit Social Services.

52Ms Cidoni gives the opinion that you present with borderline verbal reasoning and working memory abilities.  Your results on the tests she administered were consistent with the past report of a mild intellectual disability.  She recommended neuropsychological testing to determine if you do indeed have an acquired brain injury.

53

On her clinical evaluation she opines, you have the following diagnoses. 

Attention Deficit Hyperactivity Disorder (ADHD), major depressive disorder, generalised anxiety disorder, post-traumatic stress disorder and substance abuse disorder.  She says,

“Mr Walker's presentation reflects a complex interplay of symptoms, associated with multiple disorders.  ADHD manifests as difficulties with attention, impulsivity and organising himself, major depressive disorder is characterised by severe depressive symptoms such as feelings of sadness, hopelessness and a loss of interest in activities.  Generalised anxiety disorder, contributes to persistent and excessive worry and heightened arousal, post-traumatic stress disorder is evident through symptoms of experiencing traumatic events, avoidance of triggers, negative alterations in mood and cognition and hyper arousal.  Substance use disorder is indicated by Mr Walker's extensive history of use leading to physical and psychological dependence on opioids.”

54You told Ms Cidoni that you were off your head on methamphetamine, Xanax, GHB and buprenorphine when you offended.  She concluded that the combination of your drug use and your mental health disorders influenced your decision making impulse control, and overall judgement and these underlying factors provide the context for your offending.

55Your mental health has stabilised in custody, where you are taking Seroquel which is an anti-psychotic medication and methadone.  The real difficulty for you is not that imprisonment is more onerous for you because of your mental health, or that your mental health may decline in custody, but because so much of your life has already been spent in custody, where you are at a real risk of institutionalisation.

56Ms Cidoni says, long term incarceration can exacerbate the negative effects of your conditions leading to a cycle of dependency, social disconnection and limited opportunities for personal growth and rehabilitation.

57I turn now to the submissions of the parties.  Mr Miller, on your behalf, relied upon your plea of guilty which he submitted not only had utilitarian value, but was indicative of your acceptance of criminal responsibility and of remorse on your part.  He submitted that my assessment of your moral culpability should be moderated by your intellectual disability and the application of Bugmy[2] principles in the general sense, that is given your deprived upbringing your moral culpability cannot be equated with someone from a loving and stable home, who had the benefit of a good education and all its consequential benefits.

[2]Bugmy v R (2013) 302 ALR 192 (“Bugmy”)

58In respect of the charge of recklessly placing an emergency worker at risk, he referred me to the cases of Nelson[3] and McKay[4] as comparable cases, submitting that your conduct in respect of Charge 17, was more akin to the offending in the case of McKay where the appellant was sentenced on appeal to a sentence of two years imprisonment.  These cases have been of some assistance in sentencing you, but ultimately I must sentence you on the facts and circumstances particular to you.

[3]Nelson v The Queen [2020] VSCA 219 (“Nelson”)

[4]McKay v The King No.2 [2023] VSCA 8

59Mr Miller accepted the serious nature of your offending.  He accepted a term of imprisonment consisting of a head sentence and a non-parole period was warranted.  He submitted in all the circumstances a non-parole period consisting of time served or thereabouts would be appropriate in your case.

60Mr Cordy submitted your offending was serious and that the offences which concerned your driving were appalling.  He submitted that you had not shown any remorse.  He submitted that you were a danger to the community, given your criminal record and your shocking driving history.  He submitted a term of imprisonment consisting of a head sentence and a non-parole period was warranted.  He submitted that you should be disqualified from obtaining a driver's licence for a lengthy period of time.

61The sentencing principles of general deterrence and denunciation are engaged in sentencing you, as are the principles of specific deterrence and community protection, given your criminal history and the very dangerous nature of your offending.  I accept the submission that Bugmy principles are engaged in the general sense, moderating your moral culpability, and I accept also that your moral culpability is moderated because you have a moderate intellectual disability.

62There was no disagreement between the parties that the only appropriate sentence is a sentence of imprisonment consisting of a head sentence and a non-parole period.  I take into account the principle of totality which is an important consideration in cases involving a large number of charges.  I accept that while your mental health has stabilised in custody, you are at a risk of institutionalisation, the effects of which that you will become unable to function outside a custodial setting.

63Notwithstanding that your mental health has stabilised, I still find that prison remains a difficult place for you with COVID restrictions in place since you were remanded.  Sadly, in my view your prospects of rehabilitation are demonstrably poor.  You have a long history of criminal behaviour.  I accept the prosecution submission that you have not demonstrated any real insight or remorse.  You are receiving some support in custody but it seems to me you are an individual who will require multiple interventions and support services in place, if you are to have any prospect of leading a productive and offence free life in the community.

64Taking into account all the matters I am required to under the Sentencing Act and matters personal to you, I intend to sentence you as follows.  You can remain seated in the circumstances, Mr Walker.

65On Charge 1, you are convicted and sentenced to 18 months' imprisonment.

66On Charge 2, you are convicted and sentenced to 18 months' imprisonment.

67On Charge 3, you are convicted and sentenced to one month imprisonment.

68On Charge 4, you are convicted and sentenced to six months' imprisonment.

69On Charge 5, you are convicted and sentenced to 12 months' imprisonment.

70On Charge 6, you are convicted and sentenced to six months' imprisonment.

71On Charge 7, you are convicted and sentenced to nine months' imprisonment.

72On Charge 8, you are convicted and sentenced to nine months' imprisonment.

73On Charge 9, you are convicted and sentenced to three months' imprisonment.

74On Charge 10, you are convicted and sentenced to nine months' imprisonment.

75On Charges 11, 12, 13, 14 and 15, they're all charges of theft, you are convicted and sentenced to an aggregate sentence of six months' imprisonment.

76On Charge 16, you are convicted and sentenced to 12 months' imprisonment.

77On Charge 17, you are convicted and sentenced to two years and six months' imprisonment.

78On Charge 18, you are convicted and sentenced to 12 months' imprisonment.

79And on Charge 19, you are convicted and sentenced to two months' imprisonment.

80Charge 17 is the base charge.  I make the following orders of cumulation upon Charge 17 and upon each other.

81Six months of the sentence on Charge 1.  Four months of the sentence on Charge 5.  Three months of the sentence on Charge 7.  Three months of the sentence on Charge 8.  Three months of the sentence on Charge 10.  Three months of the aggregate sentence on Charge 11, 12, 13, 14 and 5.  Three months of the sentence on Charge 16 and three months of the sentence on Charge 18.

82

That makes a total effective sentence of four years and ten months.  I direct you serve a non-parole period of three years and six months.  The pre-sentence detention is 965 days, not including today.  Had you pleaded not guilty, I would have sentenced you to a head sentence of seven years' imprisonment, with a

non-parole period of five years.

83

There is a minimum licence disqualification or cancellation of 24 months on

Charge 17 and 12 months on Charges 10, 16 and 18.  Charge 18 was committed under the influence of drugs and I make that finding.  I disqualify you from obtaining a licence for a period of 36 months on Charge 17 and 12 months on each of Charges 10, 16 and 18.  All those orders commence today meaning in your case, you are disqualified from obtaining a licence for three years from today.

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