Director of Public Prosecutions v Williams

[2014] VCC 1760

IN THE COUNTY COURT OF VICTORIA Revised
(Not) Restricted
Suitable for Publication

AT MELBOURNE
CRIMINAL JURISDICTION

CR 14-01388

DIRECTOR OF PUBLIC PROSECUTIONS

v

CRAIG WILLIAMS

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JUDGE:	HIS HONOUR JUDGE PARSONS
WHERE HELD:	Melbourne
DATE OF HEARING:	3 October 2014
DATE OF SENTENCE:	9 October 2014
CASE MAY BE CITED AS:	DPP v Williams
MEDIUM NEUTRAL CITATION:	[2014] VCC 1760

REASONS FOR SENTENCE
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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr G. Hughan	Office of Public Prosecutions
For the Accused	Ms S. Locke	Doogue O'Brien George

HIS HONOUR:

1You, Craig Williams, have pleaded guilty before me to one charge of dangerous driving causing serious injury and a further charge of recklessly causing injury.  You have pleaded guilty to a number of related summary offences and they are Charge 12; exceeding the prescribed concentration of alcohol present in your blood, Charge 18 of careless driving and Charge 19 of failing to give your name and address at the scene of an accident as soon as possible.

2These crimes arise out of circumstances which were fully outlined by the learned prosecutor, Mr Hughan, in a very substantial opening - Exhibit 1.  At the time of your offending you were aged 30, and you are now aged 32.

3In October 2012 you had a Victorian probationary driver's licence which was due to expire on 4 June 2013.  Your licence was subject to an alcohol interlock condition, as a result of which you were required to have a zero BAC when driving.

4On Thursday 4 October, with one of the victims in this matter, you purchased some food and alcohol.  You then returned to your friend's home and consumed an unknown amount of beer.  Your friend drove the vehicle to a local beach, however you then took over control of the vehicle and at about 5.30 on that afternoon you were driving in Cranbourne.  You tailgated a vehicle and drove in an erratic manner.

5Shortly after a number of tailgating episodes you struck the rear of the stationary vehicle, and that gives rise to Summary Charge 18 of careless driving.

6It was noted by the driver of the vehicle which you struck that you and your partner were heavily under the influence of alcohol.  Rather than exchange details you drove off from the scene of the accident, apparently raising your fingers at the people whose vehicle you had just struck, and of course that matter of failing to exchange your details gives rise to Summary Offence 19.

7

You then went to another friend's house where you and the two victims continued to drink alcohol.  You left your friend's house at approximately

6.45 pm and drove along Mountain View Boulevard, which is in a built up residential area with houses along both sides of the roadway, and where the speed limit is 50 kilometres per hour.

8There are a number of photographs, maps and diagrams which indicate the nature of your driving.  Further, the opening at paragraphs 19 to 22 fully describes your driving on that occasion.  When you lost control of the vehicle it collided with a pole at the centre pillar between the front and rear passengers doors, and such was the force of the impact that it caused the vehicle to rotate 90 degrees around the pole.

9The enormity of the circumstances of that collision are readily apparent from review of the photographs.  You were heard by an off duty policeman who attended the scene telling another person that the girl in the front was driving.  You had attempted to drag one of your victims, who was also a friend, into the driver's seat, clearly to try and make good the pretence that you had not been driving.

10You were arrested at the scene due to an outstanding parole warrant and you remained in police custody at the scene.  Both of your passengers, who were friends and clearly victims in the circumstances, were extracted from the vehicle by emergency service personnel.  Ms Lucas was conveyed to the Alfred Hospital by air ambulance with serious injuries, which are described in the opening, and the other victim sustained injuries consisting of minor abrasions to the left forehead and minor abrasions to her left foot, and those matters give rise to Charges 1 and 2 respectively.

11A blood sample was taken from you and that blood sample revealed a BAC level of 0.138 per cent, and of course that gives rise to Summary Charge 12.

12You were interviewed by the police and admitted to drinking alcohol during the day, and you told police that otherwise you do not remember driving the vehicle.  Tests conducted revealed that your vehicle was travelling at a minimum speed of 95 kilometres an hour at the time you lost control of it.

13No victim impact statements were tendered in the matter and I understand that both the victims were offered the opportunity of making statements, however both chose not to do so.  It is clear however, from the depositions and the injuries suffered by them, and particularly the woman who suffered the more serious injuries, and in respect of which you are on the more serious charge, that she has suffered considerably as a result of the collision with the pole, and I have no doubt the physical effects of that have been significant.

14Of course as was pointed out by your counsel there are a number of mitigating factors.  You have pleaded guilty and you are entitled to have that fact taken into account in your favour, and I do so.  The community has, by your plea, been spared the time and cost of a trial and witnesses have been spared the ordeal of giving evidence in that trial, and as a result I can tell you that the sentence I intend to impose is far less than would have been imposed had you been found guilty after a trial.

15Further, I take into account in your favour that you pleaded guilty at the earliest opportunity and that matter is addressed by your counsel and the prosecution.  You pleaded guilty at the first committal mention on 6 August 2014.

16You were quickly apprehended, given the circumstances of your arrest, on that evening for parole breach, and you made ready admissions to your part in the various offences, although of course that admission was simply one of admitting to drinking alcohol because you do not remember your driving.

17In the circumstances I do accept that in your case your pleas to these various charges does indicate true remorse for your actions, and that is something you have expressed to others.  I have been told something of your personal history and your circumstances, both in the various reports that have been tendered and also in the submissions made on your behalf by counsel.

18Mr Ball, who reviewed you and whose report is an exhibit, said that you reported no significant depression or anxiety.  There was no evidence of mental illness, there was no evidence of cognitive impairment in clinical interview, and he estimated your IQ to fall in the upper end of normal range.  You impressed him as an intelligent man who has the capacity to exercise good judgment.  You presented with the capacity to plan and execute positive and self-sustaining behaviour.  He believes you possess insight into your offending and you were generally insightful into your own psychological functioning.

19With respect to your circumstances you described a dysfunctional but caring family of origin, however after your parents separated when you were 13 your life, in your own words, "changed dramatically," and when you moved in with your father you said that you were open to influences of drugs, alcohol and violence.

20You attended school to Year 10 and you described having difficulties in both scholastic and social achievement.  After leaving school you commenced, but did not complete, an apprenticeship in spray painting.  You have had two substantial relationships, the first of which resulted in two children, currently aged 12 and nine, and apparently you maintain a civil relationship with your ex-partner and you have regular contact with those two children.  You have been in a good relationship for some 18 months with a new partner who is apparently a good influence, in your view, and she is very anti-drugs.

21Your drug and alcohol history is set out, and particularly the fact that you started drinking alcohol at the age of 16, describing hazardous levels of consumption.  You have also acknowledged you took numbers of other drugs, although you emphasised to Mr Ball that since you undertook rehabilitation programs at Marngoneet Prison you have learned a great deal.  You believe you have learned to manage your addictions and you believe you recognise the triggers.

22It was Mr Ball's view that you have been significantly affected by unresolved grief and loss related to the end of your relationship with your first partner.  It was further his diagnosis that you failed to satisfy any of the diagnostic criteria for substance use disorder, frank mental illness, personality disorder, mood disorder, or other clinical syndromes or psychopathology; rather you present as having matured whilst in custody, developed insight and a level of psychological sophistication, and you have vigorously applied yourself to your own rehabilitation.

23As a consequence of all those matters you were formally invited by Mr Ball to participate in the 'Best Chance' program under the auspices of his practice immediately after you are released from prison.  I understand that is something that you wish to take advantage of and that is something that I have noted in the assessment proposals for your Community Corrections Order, if that is appropriate.

24It was Mr Ball's view, and a view that I share, that you would benefit from supervision and support in the community, as would be the consequence under either a Community Corrections Order or a Parole Order.

25Further materials were supplied on your behalf, being letters from your sister and mother.  It is clear that they are both intelligent and reflective people who have your best interests at heart.  They have both noticed changes in your behaviour in recent times and of course you have impressed them with your resolve to change your ways, and particularly to begin life again with your children and the support of your family.

26Further, Exhibit D is evidence of the fact that you have utilised your time in custody in a very positive way.  There are a number of certificates which set out your achievements to date in that regard.  It is clear that you have undertaken a number of courses successfully whilst you have been in custody and this is something, of course, which stands to your credit.

27In addition to those documents to which I have referred I of course have had the advantage of the remarks of His Honour Judge L.C. Ross of 29 October 2009, when His Honour sentenced you and a co-accused on a count of recklessly causing serious injury, and also a count of intentionally causing injury.  Your personal circumstances are there dealt with at paragraphs 23 to 35.  I bear in mind that since your incarceration with respect to these matters you have become a significantly different person in the view of those who know you best, and of course Mr Ball, who is an expert in these matters, detects some very positive signs.

28You were sentenced to a total effective sentence of three years with an order that you serve 18 months before becoming eligible for parole.  Your prior convictions were a matter of submissions in the case.  It was noted your prior convictions included offences of violence, the most significant of which I have just referred to, as well as driving offences, particularly relating to alcohol and driving on a number of occasions, and these were highlighted to me.  I bear in mind that those offences, whilst aged, are of relevance to the matters before me, although as I say I recognise they occurred approximately ten years ago.

29I am, on balance, satisfied that the chances of your rehabilitation are reasonably positive given the evidence of Mr Ball and the observations of your sister and your mother, which I accept.  Indeed you have demonstrated that the significant time you have spent on remand has not been lost and you have turned it to account in a most positive way.

30Of course as well as those matters personal to you, which I have referred, including the question of rehabilitation, I must also take into account such matters as deterrence, and especially general deterrence, which is always of great importance in a case such as this involving, as it does, that notorious combination of speed and alcohol.  Specific deterrence also remains of some importance given the nature of your prior convictions.

31Clearly with respect to your moral culpability, as was submitted, the fact that you were subject to an interlock condition, you were on parole, there were two driving incidents on the day, the second of which of course was much more significant in every relevant sense, that high speed was involved (indeed approximately 45 kilometres per hour more than the speed limit), and of course two passengers were injured, one reasonably seriously, are relevant matters to consider.

32I must also consider the question of the protection of members of the community from you and bear in mind the likelihood of your re-offending, which I find to be modest if you continue on with your current resolve to leave prison with a focus on your rehabilitation and you re-engage with society broadly, and your family in particular, in a meaningful way.

33There has been a considerable delay in the matter coming before me and the submission made on your behalf is in Exhibit A.  I agree with the submission there made and it seems to me that the delay, which was certainly not a fault of your own, and in circumstances where you were charged with these offences when you were preparing for your release from prison after serving the parole sentence, is a matter that has no doubt weighed very heavily with you.

34I note that you have utilised the time very positively to affect your rehabilitation in a significant and meaningful way, and further, that you have no doubt suffered considerable anxiety given there was a significant length of time before you were charged with these offences, when in all the circumstances that should have been done at least a year earlier.

35

I think it useful to set out that you were taken into custody on the date of your offending, when you were arrested on an outstanding parole warrant.  You were then re-paroled on 4 April 2013 after serving six months' imprisonment.  You were returned to custody on 17 July 2013 to serve the balance of your parole, which was then a year.  Charges in this matter were not filed until

13 May 2014, almost 20 months after the offending.  Your parole lapsed on

16 July 2014 and you have now been in custody for 14 and a half months, and of course 85 days of pre-sentence detention has been served with respect to these charges.

36In the circumstances the principle of totality has some modest application.  Application has been made for an intimate forensic sample to be taken from you and you have not objected to this, and I am satisfied it is in the interests of justice, having regard to your prior convictions and the seriousness of your offending, that in all the circumstances I order an intimate forensic sample, namely saliva, be taken from you.  That sample may be taken by a doctor, nurse or other authorised person.  A saliva sample is taken by wiping a swab inside your mouth, and although you have consented if you change your mind I must inform you that the police may use reasonable force to enable that procedure to take place.

37On the previous occasion I had you assessed for a Community Corrections Order.  Even though you were found not to be acceptable given your past failures it seems to me that you should have another chance after serving some further imprisonment.  Of course you understand if you fail gaol will be almost the only option, and I am sure you understand that.

38These are without doubt serious offences and in all the circumstances, with respect to the more serious charge, I have no alternative than to impose a custodial sentence and you are convicted and sentenced to nine months' imprisonment on Charge 1.

39

On Charge 2 and the summary charges of careless driving; exceeding the breathalyser and failing to exchange names and addresses, I order a Community Corrections Order for a period of two years, and that will begin at the date when you are released from prison.  There will be an order for

300 hours of community service and the other recommendations set out in that order will be also put into the order. 

40I think, Ms Locke, if Mr Williams can see that document and if he is prepared to abide by its terms and consent to it then he can sign that order, thank you.

41So that results in a total effective sentence of nine months and, as prescribed by the Sentencing Act, I declare the period of time you have already spent in custody is 85 days, and I direct that such be noted in the records of the court.  Ms Locke will be able to explain that but I think that means in six months' time, or thereabouts, you will be released on that Community Corrections Order.

42But for the pleas of guilty pursuant to the provisions of s.6AAA of the Sentencing Act had you not pleaded guilty for these offences I would have ordered a total effective sentence of three years' imprisonment with a non-parole period of 18 months.

43

With respect to your license the minimum disqualifications appropriate to the circumstances will be ordered and they will date from today.  In respect of Summary Charge 12 you will be disqualified from obtaining a licence for

26 months, and in respect of Charge 1 you will be disqualified from obtaining a licence for 18 months.  Those periods of time will be concurrent. 

44Anything further?

45MR HUGHAN:  Just one matter, Your Honour.  I think in reference to the date of the charges filed Your Honour probably relied upon my original written submission which I'd amended at the plea hearing.  The - where it had emerged - sorry I should say this, there's a - I think a factual mistake in what Your Honour has said but it's not a material factual mistake, I just wanted to correct it for the record.

46HIS HONOUR:  Yes, what are the numbers?

47MR HUGHAN:  The date that Your Honour quoted was as per my original written submission, it was the date of the charges being the - was it May 2014 I think?  The actual date of the charges being filed at the court ‑ ‑ ‑ 

48HIS HONOUR:  I see, yes.

49MR HUGHAN:  They'd been filed at the court in October 2013 but hadn't been - hadn't found their way to Mr William.  So what Your Honour says in terms of the context is perfectly acceptable but just - there just needs to be that gloss on what Your Honour's ‑ ‑ ‑ 

50HIS HONOUR:  Thank you, yes.

51MR HUGHAN:  ‑ ‑ ‑ said there as to how it - how the history of the matter unfolded.

52HIS HONOUR:  Thank you, Mr Hughan.

53MR HUGHAN:  If Your Honour pleases.

54HIS HONOUR:  In the circumstances, Mr Williams, I'm sure you understand that given the previous failures on parole and the Intensive Corrections Order, that I think you've had two strikes.  You've been given another chance but it would be - I'm sure you don't need to be reminded but it would be unlikely to get a fourth chance.  Thank you, we'll adjourn until Monday morning.

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