Director of Public Prosecutions v Walters
[2020] VCC 1388
•4 September 2020
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
Case No. CR-19-02055
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| RYAN HEATH WALTERS |
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JUDGE: | HIS HONOUR JUDGE C RYAN | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 18 August 2020 and 31 August 2020 | |
DATE OF SENTENCE: | 4 September 2020 | |
CASE MAY BE CITED AS: | DPP v Walters | |
MEDIUM NEUTRAL CITATION: | [2020] VCC 1388 | |
REASONS FOR SENTENCE
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Subject: CRIMINAL LAW
Catchwords: intentionally exposing a police officer to risk by driving - damaging an emergency service vehicle - resist police officer - causing injury recklessly - damaging property - possession of a drug of dependence (methylamphetamine) – anti-social personality disorder - long standing abuse of methylamphetamine – COVID-19
Legislation Cited: Bail Act 1997; Road Safety Act 1986; Sentencing Act 1991
Cases Cited:DDP v O’Neill (2015) VR 395 - R v Verdins (2007) VR 269 - Brown v The Queen [2020] VSCA 212
Sentence: 5 years’ imprisonment and I fix the period of 3 years and 6 months’ imprisonment as a period that you must serve before you will become eligible for parole - s6AAA: 7 years and 6 months’ imprisonment with a non-parole period of 5 years’ imprisonment.
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Mr P. Pickering | Office of Public Prosecutions |
| For the Accused | Ms C. Hollingworth (Plea) Mr M. Murphy (Sentence) | Pica Criminal Lawyers |
HIS HONOUR:
1 Ryan Walters, on 18 August 2020 you pleaded guilty to an indictment containing six charges, being: intentionally exposing a police officer to risk by driving (Charge 1); damaging an emergency service vehicle (Charge 2); resist police officer (Charge 3); causing injury recklessly (Charge 4); damaging property (Charge 5); and possession of a drug of dependence (methylamphetamine) (Charge 6).
2 In addition, you pleaded guilty to four related summary offences, being: driving while disqualified (Charge 4); fraudulent use of a registration label (Charge 10); driving with the presence of a prescribed drug in your blood (Charge 22); and possess property suspected of being stolen (Charge 23).
3 The maximum penalties for these crimes are: for intentionally exposing a police officer to risk by driving is, 20 years’ imprisonment; for damaging an emergency vehicle, resist police and recklessly cause injury, 5 years’ imprisonment; for criminal damage, 10 years’ imprisonment; and possess a drug of dependence, 1 year’s imprisonment or 30 penalty units in the circumstances of your case.
4 In respect to the related summary offences, the maximum penalty for driving whilst disqualified is 2 years’ imprisonment; for fraudulently using a registration label, 2 months’ imprisonment; driving with the presence of prescribed illicit drug in your blood, a fine of 60 penalty units; and possess property suspected of being stolen, 1 year’s imprisonment.
5 You admitted your criminal record which consists of 242 findings of guilt or convictions from eight court appearances, not including appearances for breaching various community-based dispositions. Your prior convictions span a period of 14 years when you were aged between 21 and 35 years. You have proved yourself to be principally a counterfeiter and thief. However, you have had little regard for the road laws. Amongst your convictions are 17 convictions for unlicensed driving; 10 convictions for driving whilst disqualified; three convictions of failing to stop on direction; as well as one conviction for careless driving; one conviction for exceeding .05; and one conviction for dangerous driving. In addition, you have 22 prior convictions for offences under the Bail Act.
6 Tendered as Exhibit A and read aloud in Court was the Summary of Prosecution Opening. In summary, on 19 April 2019, police attended at an address in Kirkham Road, Dandenong. An unmarked police vehicle entered and blocked the driveway to the address whilst a marked police divisional van blocked the apron to the driveway. When police attended at the address in Dandenong at approximately 12:45am they initially observed you standing near the rear of a Ford XR6 sedan talking with another man. The Ford sedan bore registration plates applicable to another vehicle (related summary offence, Charge 10).
7 Shortly thereafter you were observed by police seated in the driver’s seat of the Ford sedan with the engine of the car running. Detective Senior Constable Reid and Senior Constable Ackerman got out of their unmarked police vehicle and approached you. Detective Senior Constable Moore remained in the unmarked police vehicle. You drove the Ford away from the police, stopping at the dead end of the common driveway, and Reid and Hall ran after you thinking that you planned to escape over the back fence of the property. Instead, you reversed the Ford sedan without warning and drove backwards towards Reid and Hall who both had to take evasive action to avoid being hit by your car. Both police officers jumped between parked cars in order to avoid being struck by you. You rammed the unmarked police vehicle in which Moore was seated. You then drove forward again and by this stage police officers Ackerman and Naidu approached your vehicle from its front along the driveway. You drove directly at them, causing them to take cover, with Ackerman jumping into the doorway of Unit 12, whilst Naidu jumped into the doorway of Unit 1. (Charge 1) Thereafter you drove backward and forward along the driveway another five times and on each occasion rammed the unmarked police vehicle occupied by Moore. On the sixth time you came to a halt jammed against the unmarked police vehicle, police broke the driver’s side window of your car with a baton and instructed you to stop the car. Instead you drove forward and went through a Colourbond fence of a neighbouring property colliding with the rear of the house. (Charge 5)
8 You got out of the Ford sedan and ran away pursued by police. You were caught by Senior Constable Naidu and resisted being arrested by him. (Charge 3) During your arrest by Senior Constable Naidu, you bit him on the hand. (Charge 4) Senior Constable Naidu struck you with his OC cannister which exploded and doused him with OC foam. You continued to resist Senior Constable Naidu and Senior Constable Ackerman subdued you by kicking you, causing you to release Naidu’s hand and you were then overpowered and handcuffed.
9 Your vehicle was searched and small quantities of methylamphetamine were found in the footwell of the driver’s seat. (Charge 5)
10 Your driving founds the related summary offence of driving whilst disqualified and the presence of registration plates not applicable to your vehicle founds the related summary offence, Charge 10. During the search of your car, many cosmetic items were found in the damaged boot area, the items being set out in a schedule to the Crown opening. The value of these items was approximately $4,520. It is this factual circumstance that founds the related summary offence, Charge 23. Probably as a result of the kick administered to you, you suffered a minimally displaced fracture of the lateral wall of the orbit and a depressed fracture of the right zygomatic arch. You were taken to the Dandenong Hospital and kept under police guard but were not interviewed. Whilst at hospital, a blood sample was taken from you which revealed the presence of methylamphetamine and this founds summary offence Charge 22. You were remanded in custody.
11 As a result of your driving, an order will be made in respect of your driver licence.
12 Tendered as Exhibit B were the Victim Impact Statements of Detective Senior Constable Reid, Senior Constable Naidu, First Constable Ashley Hall and Detective Senior Constable Moore. Each police officer has been adversely affected by your conduct but in different ways. All of them feared for their lives during this incident. Some suffer from flashbacks as a result of this incident and another has sought psychological assistance to deal with the trauma of this event. Senior Constable Naidu had to wait four weeks for test results to determine whether he had acquired an infectious disease from you. He suffers from anxiety from having witnessed his comrades being at risk of death or serious injury as a result of your conduct. First Constable Hall has noted a reduction in his confidence, and he feels jumpy and anxious when dealing with the public, which is a normal part of his police duties. It took some weeks before his sleeping patterns returned to normal and he still remains cautious in his routine tasks whilst on duty. Detective Senior Constable Moore, who remained in the unmarked police vehicle which you rammed on six occasions, notes that your conduct has had a tangible effect upon his mental health. For days after the incident he had trouble sleeping and eating. He is still confronted by the fact that somebody would deliberately target his comrades with a motor vehicle. In their own ways, each of the deponents to the Victim Impact Statements has been profoundly affected by your outrageous conduct.
13 Mr Walters, you were born in Maffra and you are the only child of the union between your parents. When you were aged four years, your parents separated, you remained living with your mother. Your mother soon re‑partnered and had four children with her second husband. You had a close relationship with your mother despite the fact that she was very busy running a household of five children. Your relationship with your stepfather was somewhat fractured as you perceived he regarded you as a burden and favoured his own biological children. On inquiry, you denied ever being the victim of domestic violence or physical or sexual assault.
14 You left school whilst in Year 8, not because you were not a good student, but because you simply hated school and wanted to work. After leaving school you worked on a dairy farm for three months or so and thereafter relocated to Bendigo to live with your father where you worked for him in his carpet laying business. Your father encouraged you to return to school, however, you only lasted six months at school before you commenced a plasterer’s apprenticeship which you completed. You have worked as a plasterer since that time with only occasional periods working odd jobs in an abattoir, in swimming pool construction and sales work.
15 You first tried alcohol when you were aged about 11 years and by the time you were 13 or 14, you engaged in weekend binge drinking. As you grew older, you consumed alcohol daily, which you estimated in conference with Mr Candlish, psychologist, was about six cans of alcohol of an evening.
16 You started to use cannabis at the age of 16 or 17 and this increased when you started attending hotels at the age of eighteen. Once you commenced attending hotels and music venues, you commenced to use amphetamine and ecstasy on weekends. You commenced to use methylamphetamine in about 2012 after the breakup of an intimate relationship. You have never attempted to cease methylamphetamine use despite that it has caused you to become ostracised by your family. In the period of two or three months prior to the index offending, you commenced to use heroin to promote sleep as your abuse of methylamphetamine kept you awake. Tendered as Exhibit 2 on the plea was the report of Simon Candlish, psychologist, dated 30 May 2020. You reported to Mr Candlish that you attempted suicide at the age of 21 or 22 years and that this was a cry for help. You were first prescribed antidepressant medication when you served your first prison term in 2014. You took the medication for six months or so however, you did not notice any beneficial effect from it and you ceased to take it. Whilst presently on remand, you are prescribed Olanzapine 10 milligrams to be taken both day and night.
17 Ms Hollingworth of Counsel who appeared on your behalf informed me that you have always been a hard worker and had only been out of employment whilst in custody. While in custody for the present offending, you have worked in the prison automotive factory fixing lawn mowers, whipper snippers and dune buggies. You worked six hours a day, five days a week until the COVID‑19 pandemic stopped work within the prison system.
18 You have had something in the order of eight longer term relationships. You reported to Mr Candlish that these relationships lasted for approximately 18 to 24 months. You told Mr Candlish that you did not like being alone and that was the reason for your frequent involvement in relationships. You told Mr Candlish that your relationships ceased because “I got sick of them, move onto something better”.
19 Your most significant relationship was with a young woman named Kelly with whom you lived in Swan Hill. You have a son together, named Noah. Your relationship broke down after two years and you have not seen your son since and you believe him to be about 14 years of age.
20 In his report, Mr Candlish under the heading “Clinical Features” opined:
“The configuration of the clinical scales suggests a person with a history of acting-out behaviour, most notably in the area of substance abuse but probably involving other behaviours as well. His impulsivity and drug use have likely led to severe impairment in his ability to maintain social role expectations, and his recklessness has probably alienated most of the people who were once close to him.”
21 Later, Mr Candlish reported:
“Mr Walters described a personality style with numerous anti-social character features to a degree that is unusual even in clinical samples. Such a pattern is typically associated with prominent features of Antisocial Personality Disorder; he is likely to be unreliable and irresponsible and has probably sustained little success in either the social or occupational realm. … He is likely to be egocentric, with little regard for others or the opinions of the society around him. In his desire to satisfy his own impulses, he may take advantage of others and have little sense of loyalty, even to those who are close to him. He appears to lack remorse and act in a reckless manner and is expected to place little importance on his social role responsibilities.”
22 You have an antisocial personality disorder. At the time of the initial plea hearing Ms Hollingworth in accordance with the authority of DDP v O’Neill (2015) VR 395 did not seek to invoke the principles enunciated in R v Verdins (2007) VR 269. With the publication of Brown v The Queen [2020] VSCA 212 on 25 August this matter was brought on for further submissions. Ms Hollingworth with her customary candour informed me that she maintained her earlier position as after consultation with Mr Candlish he was unable to say that your personality disorder was causal to your offending because of your long standing abuse of methylamphetamine and the fact that you were affected by that drug at the time of you offending
23 Mr Candlish assessed you for the risk of violent offending and considered that you fell into the low risk category.
24 A perusal of your criminal record would demonstrate that your risk of reoffending generally is very high indeed. I regard your prospects for rehabilitation as poor.
25 Tendered as Exhibit 3 were certificates in respect of courses undertaken by you whilst on remand. They include: “Ice and Me”, “Peer Educator Program” and “Peer Listener Program”. Having completed the Peer Listener Program, you undertook the Peer Listener role which you commenced some two months ago at Fulham Prison. Your role is to listen to and counsel around six other inmates each week.
26 Until the COVID‑19 pandemic you received visits from your father whilst you were in custody, but these have been replaced by phone calls.
27 Ms Hollingworth in her written submissions which were tendered with a chronology as Exhibit A, submitted upon release from prison that you intended to return to your father’s home near Bendigo and would continue on the Methadone program that you commenced whilst in custody. You intend to assist your father in his work as a carpet layer and ultimately return to your trade as a plasterer.
28 You entered your plea at the earliest possible opportunity and accordingly you are entitled to the benefits that flow to you from your plea, being that it has utilitarian benefit and that it is some evidence of your remorse.
29 Your ice-fuelled offending was appalling. You exhibited a complete disregard for the safety of at least four members of the Victoria Police. This conduct is generally consistent with the analysis made by Mr Candlish of your personality traits. Whilst you are not by nature a violent person, as is verified by your criminal record, you are an habitual offender. To that extent, and particularly in respect to the related summary offences, protection of the community from you must play some role in arriving an appropriate sentence in your circumstances.
30 You are an appropriate vehicle for the application of general and specific deterrence, you must be justly punished, and your conduct must be publicly denounced. I must be cognizant of the application of the principle of totality.
31 Doing the best I can, taking into account your offending and its effects, your personal circumstances and antecedents, and endeavouring to produce a sentence which reflects and promotes the purposes of sentencing in a manner appropriate to you and your offending, I sentence you in respect to the indictment as follows:
·On Charge 1 – 3 years’ imprisonment;
·On Charge 2 – 12 months’ imprisonment;
·On Charge 3 – 6 months’ imprisonment;
·On Charge 4 – 6 months’ imprisonment;
·On Charge 5 – 12 months’ imprisonment; and
·On Charge 6 – you are convicted and fined $500.
32 In respect to the indictment, I order that 3 months of each of the sentences imposed on Charges 3, 4 and 5, together with 6 months of the sentence imposed on Charge 2, be served cumulatively upon the sentence imposed on Charge 1.
33 In respect of the related summary offences, I sentence you as follows:
·On Charge 4 – 12 months’ imprisonment;
·On Charge 10 – 1 month’s imprisonment;
·On Charge 22 – you are convicted and fined $500; and
·On Charge 23 – 6 months’ imprisonment.
34 I order that 3 months of the term of imprisonment imposed on related summary offence Charge 4, together with 6 months of the sentence imposed on the related summary offence, Charge 23, be served cumulatively upon each other and upon the sentence imposed upon the indictment. This results in a total effective sentence of 5 years’ imprisonment and I fix the period of 3 years and 6 months’ imprisonment as a period that you must serve before you will become eligible for parole.
35 I cancel all licences and permits to drive held by you under the Road Safety Act 1986 and disqualify you from obtaining any such permit or licence for a period of 3 years and 6 months commencing on 19 April 2019.
36 I declare that you have spent 504 days by way of pre‑sentence detention, not including today.
37 Pursuant to s6AAA of the Sentencing Act 1991, I declare that but for your plea of guilty, I would have sentenced you to 7 years and 6 months’ imprisonment with a non-parole period of 5 years’ imprisonment.
38 Is there anything airing out of this sentence, gentlemen?
39 MR MURPHY: No, Your Honour.
40 HIS HONOUR: By all means - - -
41 MR PICKERING: (Indistinct words.)
42 HIS HONOUR: By all means take - I am sorry, we are doing it again. I will have a go. By all means, take time to calculate my figures.
43 MR PICKERING: Your Honour, thank you. I have - I apologise for speaking over you. I have calculated them. I find them correct but I just want to check the date of the licence cancellation. That was 19 April 2019, is that correct?
44 HIS HONOUR: That is so. Which is the date of his offending.
45 MR PICKERING: Yes, that is right. That was the offence.
46 HIS HONOUR: So - - -
47 MR PICKERING: Yes, Your Honour. Nothing further from the prosecution.
48 HIS HONOUR: Thank you very much for that. All right. I want to thank you for your assistance and good luck today, Mr Murphy.
49 MR MURPHY: Thank you, Your Honour.
50 HIS HONOUR: We will adjourn now until 9.30 on Tuesday next please.
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