Director of Public Prosecutions v Wright
[2025] VCC 736
•5 June 2025
| IN THE COUNTY COURT OF VICTORIA AT BENDIGO CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
CR-25-00547
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| PAUL WRIGHT |
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JUDGE: | HIS HONOUR JUDGE WRAIGHT | |
WHERE HELD: | Bendigo | |
DATE OF HEARING: | 29 May 2025 | |
DATE OF SENTENCE: | 5 June 2025 | |
CASE MAY BE CITED AS: | DPP v Wright | |
MEDIUM NEUTRAL CITATION: | [2025] VCC 736 | |
REASONS FOR SENTENCE
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Subject:CRIMINAL LAW – Sentencing.
Catchwords: Plea of guilty – Dangerous driving while pursued by police – Recklessly causing injury – Resisting an emergency worker on duty – Unlicenced driving – Driving an unregistered vehicle – Relevant criminal history –Verdins – Bugmy – Poor prospects of rehabilitation.
Legislation Cited: Crimes Act 1958 ss 18, 31(1)(b), 319AA(1); Road Safety Act 1986 ss 7(1)(a), 18(1)(a); Sentencing Act 1991 ss 5(2H)(c)(ii), 6AAA, 10A, 10AA(4), 18, 89(3), 319AA(1).
Cases Cited:Peers v The Queen [2021] VSCA 264.
Sentence: Imprisonment for a period of 1 year and 9 months with a non parole period of 14 months.
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Mr D Cordy | Office of Public Prosecutions |
| For the Accused | Mr R Morgan | Peter Baker Law |
HIS HONOUR:
1Paul Wright you have pleaded guilty to:
(a) one charge of dangerous driving while pursued by police contrary to s 319AA(1) of the Crimes Act 1958 (‘CrimesAct’), which carries a maximum penalty of 3 years imprisonment (Charge 1);
(b) one charge of recklessly causing injury, contrary to s 18 of the Crimes Act, which carries a maximum penalty of 5 years imprisonment (Charge 2); and
(c) one charge of resisting an emergency worker on duty contrary to s 31(1)(b) of the Crimes Act, which carries a maximum penalty of 5 years imprisonment (Charge 3).
2You have also pleaded guilty to related summary offences as follows:
(a) two charges of unlicenced driving contrary to s 18(1)(a) of the Road Safety Act 1986 (‘Road Safety Act’), which carries a maximum penalty of 60 penalty units or 6 months imprisonment (Summary Charge 11 and 14); and
(b) one charge of driving an unregistered vehicle contrary to s 7(1)(a) of the Road Safety Act, which carries a maximum penalty of 50 penalty units (subsequent offence) (Summary Charge 13).
3You have also admitted your Criminal Record.
Circumstances of the offending
4A prosecution opening was tendered on the plea and may be summarised as follows:
5You are 44 years old and have never held a licence to drive a motor vehicle in Victoria.
6On 4 November 2024, Senior Constable Jack Milligan and Senior Constable John Graham of the Central Victoria Response Unit were patrolling in an unmarked police vehicle. At approximately 12:15pm, they were travelling south on Hargraves Street Bendigo, having just passed the intersection with Lily Street. SC Milligan was driving and SC Graham was in the front driver’s passenger seat.
7You were travelling southbound on Hargreaves Street, behind the unmarked police vehicle. You were riding a dark green Honda NAVi motorcycle. You passed the police vehicle on the left, driving in the bicycle lane to do so. SC Milligan and SC Graham observed that the motorcycle had no registration plates fitted.
8SC Mulligan directed you to stop by means of flashing the red and blue emergency lights fitted to the police vehicle. When you did not react to the lights, SC Graham activated the alarm.
9Both members observed you look over your shoulder at the police vehicle. You failed to stop as directed. You were observed to be Caucasian, with long blonde hair coming out from under your black open face motorcycle helmet. You were wearing a grey sweatshirt and a black backpack.
10The police vehicle followed you with the lights and sirens activated. You then drove over the wrong side of Hargreaves Street and mounted the footpath before driving down a shared foot/bicycle path that runs along the Bendigo Creek. You were driving at a high rate of speed and police were unable to follow so pulled over to the side of Hargreaves Street and deactivated the emergency equipment (Charge 1).
11Police observed you come back out onto Hargreaves Street northbound from the shared path and turn right to travel south on Thistle Street. SC Milligan followed you and both members observed you in the distance turn onto Sullivan Street to travel southeast before turning right onto Belle Vue Road to travel east where they lost sight of you.
12Police observed you in the distance on Woodward Road and attempted to follow but you took to bushland where police could not follow. You were last seen on Woodward Road between Rowe Street and Hattam Street.
13At the time of this incident you did not hold a licence (Summary Charge 14).
14On 19 November 2024, Leading Senior Constable William Edwards and Senior Constable Tony Keglevich were performing traffic enforcement duties in the Bendigo area.
15LSC Edwards is currently posted to the Bendigo Highway Patrol and has been a member of Victoria Police since 2005.
16SC Keglevich is also posted to the Bendigo Highway Patrol and has been a member of Victoria Police since 2012.
17Both LSC Edwards and SC Keglevich were in full uniform and driving a fully marked BMW X5. The police vehicle is fitted with in-car video equipment
18At approximately 12:45pm, the police members were on a meal break at a bakery located on Panton Street in Golden Square. While they were waiting LSC Edwards observed you riding a green motorcycle, with no number plates fitted heading southbound on Panton Street before turning into the laneway which runs between Panton Street and High Street (Summary Charge 11). The motorcycle was similar in size to the motorcycle involved in the pursuit on 4 November 2024. LSC Edwards was aware of the events of 4 November 2024.
19The police members immediately attended the laneway in the marked police vehicle where LSC Edwards had seen the motorcycle turn. They located it in a parking bay, unattended.
20LSC Edwards parked the police vehicle behind the motorcycle and activated the red and blue flashing emergency lights, which in turn activated the in-car video recording. The time frame between the first sighting of the motorcycle and the members parking behind the motorcycle and exiting their vehicle was less than one minute. LSC Edwards located a vehicle identification number (VIN) on the motorcycle and was attempting to identify it by phoning the Highway Patrol office at Bendigo Police Station.
21While the members were at the motorcycle you returned, approaching the members aggressively. You were swearing loudly and yelling, ‘you didn’t see me ride in, you didn’t see me ride in’. You repeated this multiple times in close proximity to SC Keglevich’s face. LSC Edwards responded, ‘yes we did, I saw you ride in and turn into the car park’. You told police that you were the owner of the motorcycle and you would leave. LSC Edwards responded that they wanted to speak to you about it.
22You were clenching your fists and very close to SC Keglevich’s face as you were yelling. SC Keglevich responded by pushing you to the chest and telling you to ‘back off’.
23You continued to yell and shout, calling the members ‘cunts’ and ‘dogs’. You tried to put the keys in the ignition. LSC Edwards tried to stop you from doing this from the other side of the motorcycle. You walked around the front of the motorcycle, still swearing at the members, and approached LSC Edwards aggressively. LSC Edwards attempted to restrain you and a scuffle broke out.
24During the scuffle, you were holding your motorcycle helmet and used it to strike LSC Edwards at least three times, causing LSC Edwards intense pain and immediate bleeding from the nose. The members managed to wrestle you to the ground at which point SC Keglevich called for urgent assistance (Charge 2 and 3). The incident was captured on the in-car recording equipment.
25Senior Constable Cameron Miller from the Bendigo Family Violence Investigation Unit was attending to a task nearby and came across the scene as SC Keglevich was requesting assistance. SC Miller assisted the members to restrain you until further police members arrived. Several more members arrived and effected the arrest of you whilst you continued to struggle.
26LSC Edwards was taken by ambulance to Bendigo Hospital. As a result of the strikes to his head and efforts to arrest you, LSC Edwards sustained:
(a) mildly displaced fracture of the nasal bones (a broken nose); and
(b) an acutely fractured anterior aspect of the tooth down to the gum.
27SC Keglevich was also taken by ambulance to the Bendigo Hospital where he declined treatment. SC Keglevich suffered pain to his hip and lower back on the right side and pain to his neck on the left side.
28At the scene of the assault, Sergeant Greg Gentry of Central Victoria Crime Scene Services took photographs, seized exhibits and obtained fingerprints from the Green motorcycle. Those fingerprints were later assessed at the Victoria Police Fingerprint Branch and matched to fingerprints of you that were on file.
29The motorcycle was identified by Leading Senior Constable Steven Bice by the VIN, which was recorded on the VicRoads database. The registration had expired on 8 November 2024 and was unregistered at the time you were driving it (Summary Charge 12).
30It was later confirmed that the motorcycle had been sold to you on 13 November 2024 by Elliot Brother’s Motorcycle. It was also determined that the Honda NAVi involved in the 4 November pursuit was purchased by you on 14 May 2024, also from Elliot Brother’s Motorcycles.
31On 19 November 2024, you gave a no comment record of interview at the Bendigo Police Station.
Nature and gravity of offending
32Turning to the first incident on 4 November 2024. On this occasion, you were riding a non registered motorcycle without a licence and passed the unmarked police vehicle in the bike lane. Despite the activation of lights and siren, you failed to stop as directed. You then proceeded to ride in a dangerous manner on the wrong side of the road and at a high rate of speed. The police were unable to continue following you safely.
33On 19 November 2024 you were again observed by police, this time on a motorcycle with no registration plates, again riding while unlicenced. Police located the motorcycle you were riding, and attended soon after observing you riding it. While investigating the motorcycle, you approached the police acting in a threatening and abusive manner, when you were then observed to attempt to put the keys in the ignition. Police tried to stop you, and a scuffle broke out. You then struck LSC Edwards to his head area at least three times with your helmet, breaking his nose and fracturing his tooth.
34Your behaviour in the second incident, including striking the police officer, was aggressive and unprovoked. Police were simply investigating the fact that you were riding an unregistered motorcycle when you immediately escalated the situation into a violent confrontation.
35Your behaviour on both occasions represents a complete disregard for the law and for authority, and in my view, your moral culpability in relation to both incidents, is high.
Victim Impact
36LSC Edwards and SC Keglevich each prepared victim impact statements which I have taken into account.
37LSC Edwards states that your assault on him has had a significant impact physically and psychologically. After 21 years as a police officer and having experienced numerous violent situations, he found your conduct to be the worst he has dealt with. He speaks of the ongoing physical issues he suffers, and he continues to consult specialists for ongoing treatment. He has become more vigilant and does not enjoy the job as he did in the past as a result of your assault.
38SC Keglevich states that while he was not the primary victim, he too notes that this was the most directly physical confrontation he has experienced in his policing career of some 13 years. He has experienced ongoing anxiety and stress which has affected his work performance and confidence. He states that through his career he was proud of the fact that he has been able to deescalate situations using his communication skills however in this instance, there was no opportunity to speak to you as you became immediately violent.
39Both statements reflect the fact that your conduct was violent and unprovoked in circumstances where the police were undertaking a simple vehicle investigation.
Personal circumstances
40You were born in Melbourne and grew up in Bendigo, Melbourne, Geelong, Seymour and Queensland. Your mother was a drug addict. You have one younger brother and half siblings. You report you are currently estranged from your family.
41Your childhood was turbulent. You were removed from your mother’s care at times and report you were sexually abused by your mother’s partner. Child protection intervened and you and your siblings were placed under the care of your maternal grandmother.
42From your first significant relationship you have a son. You report that the mother died in 2023 and your son lives with his maternal grandmother in Geelong. You do not have contact with your son. You also report another significant relationship from which you have two children however you cannot recall their ages and have not seen them since they were two years old.
43You have attended many schools over your primary and secondary education and completed year 8 before leaving school. You describe your academic ability as poor and illiterate. You have not pursued any further study or training since you finished school.
44You have experienced long periods of unemployment and have received a Disability Support Pension for the past two years however you also report working intermittently as a construction labourer and as kitchenhand over the years.
45You report that you starting using cannabis at age nine. Your mother’s partner gave you amphetamines and at age 15 you were using amphetamines, heroin and GHB on your own accord. You report that you have maintained periods of abstinence from amphetamines however I note you have been prescribed methadone and you are currently prescribed 35 milligrams per day as part of opioid substitution therapy in custody. You state you have no enduring issues related to alcohol use.
46A neuropsychological report of Leanne Kennedy dated 12 June 2023 was tendered on the plea. Ms Kennedy opines that, from her assessment, results indicate that you have an acquired brain injury from sustained substance use.
47Two reports from consultant psychologist Gina Cidoni dated 1 April 2025 and 25 May 2025 were tendered on the plea. In the first report Ms Cidoni concluded that you suffer from a number of disorders including borderline personality disorder and opioid use disorder. She is also of the view that you show traits of autism. Unsurprisingly, Ms Cidoni recommends you undertake ongoing drug treatment in order to prevent relapse, together with trauma informed counselling. The second report of Ms Cidoni seems to have been commissioned to obtain her opinion in relation to the impact of imprisonment, pursuant to s 10A of the Sentencing Act 1991 (Sentencing Act). I will address this further below.
48You are currently prescribed Pristiq and Seroquel and report high levels of psychological distress in the custodial environment. You have found it difficult to engage with prison programs due to illiteracy and cognitive overload.
49Before your most recent imprisonment, you were supported by the Salvation Army and living in public housing in Bendigo, however you also report staying with your mother in Seymour in your 20s and 30s and periods of homelessness.
50You have a long criminal history and you have been offered a number of community correction orders that have included therapeutic conditions. You have however, continued to engage in substance use and it appears you have not been able to engage in a lifestyle with more positive associations.
Sentencing considerations
51I take into account your plea of guilty. Your plea has saved the court the time and expense of a trial and has thereby advanced the course of justice.
52It was submitted on your behalf that Verdins principles 1, 4, 5 and 6 are enlivened. Reliance was placed on the report of Ms Cidoni and particularly that your functioning at the time was influenced by a combination of ‘unresolved trauma, personality disturbance, and residual impacts of substance abuse’. Ms Cidoni seems to rely on further matters linked to your general background including your housing and financial hardship, and in combination, came to the view that you were unable to exercise ‘full behavioural control’ at the time of the offending. In the first report, Ms Cidoni states that your offending ‘appears connected to longstanding substance use and underlying psychological stress’. In her supplementary report, Ms Cidoni seems to rely on the fact that you had ceased taking your medication and that you were withdrawing from cannabis at the time of the offending. Her opinion is that based on her clinical observations and history provided, your impairment was ‘causally linked’ to the offence and that your culpability is therefore ‘substantially reduced’. Putting aside the fact that Ms Cidoni should not be making assessments of your culpability as it is a matter for the court, in evaluating your mental state at the time of the offending, in my view the evidence does not support a causal or realistic connection to the offending on this occasion in order to allow Verdins principles 1 and 4 to have application.
53As to Verdins principles 5 and 6 again the report of Ms Cidoni is relied on. I accept that your history of trauma and your cognitive deficits will make prison more burdensome for you therefore enlivening Verdins principle 5. However, I am not satisfied that the evidence supports Verdins principle 6, that there is a ‘serious risk of imprisonment having a significant adverse effect’ on your mental health.
54Nonetheless your difficult early childhood, including exposure to drug use and violence at an early age does enliven to a degree, Bugmy principles in the general sense.
55Turning to your prospects of rehabilitation, you come before the court with an extensive criminal history that includes numerous driving offences, noting that you have never held a licence to drive in Victoria. You also have prior convictions for resisting and assaulting police, intentionally causing injury and other violent and dishonesty offending. You have been subject to numerous community correction orders and committed this offending within a short time of the last order expiring – an order that included treatment for drug use and programs to reduce reoffending. In my view your prospects are relatively poor unless you are able to meaningfully engage in the supports that are offered to you, which at this stage you have been unable to.
56Deterrence, both general and specific are the prominent sentencing considerations in this instance. You continue to drive on the road when you have never held a licence causing danger to the community. Others must be made aware that such conduct will be met with stern consequences. More specifically, you have a long history of similar offending, including altercations with the police, and as such specific deterrence must carry weight in the sentencing discretion.
57Submissions were made on your behalf as to whether the s 5(2H)(c)(ii) Sentencing Act exception can be established in relation to Charge 2, which pursuant to s 10AA(4) of the Sentencing Act requires a minimum 6 month term of imprisonment where the victim is an emergency worker. Section 5(2H)(c)(ii) states: The offender has impaired mental functioning that would result in the offender being subject to substantially and materially greater than the ordinary burden or risks of imprisonment.
58It is well settled that the hurdle set by s 5(2H)(c)(ii) is higher than that which attracts the principles in Verdins.[1]
[1] Peers v The Queen [2021] VSCA 264 [51] (Niall and Sifris JJA).
59While I have found that Verdins principle 5 can be given some weight in the sentencing calculus, in my view the evidence does not support the higher hurdle required by the s 5(2H)(c)(ii) exception. However, even if I am incorrect in that assessment, in my view the seriousness of the offending together with your prior history would nonetheless require that you be sentenced to a term of imprisonment with a non parole period even in circumstances where the exception could be established.
Sentence
60Mr Wright would you please stand.
61Paul Wright, on Charge 1, dangerous driving while pursued by police, you are convicted and sentence to 6 months imprisonment. On Charge 2, recklessly causing injury, you are convicted and sentenced to 1 year and 6 months imprisonment. On Charge 3, resisting an emergency worker on duty, you are convicted and sentenced to 6 months imprisonment.
62On related summary Charges 11 and 14, unlicenced driving you are convicted and sentenced to 1 month imprisonment on each charge. On Summary Charge 12, using an unregistered vehicle, you are convicted and fined $500.
63I direct that 3 months of the sentence imposed on Charge 1 be served cumulatively on Charge 2 making for a total effective sentence of 1 year and 9 months imprisonment. I direct that you serve 14 months before becoming eligible for parole.
64Pursuant to s 18 of the Sentencing Act, I declare that 198 days be reckoned as the period of imprisonment already served under the sentence I have imposed. That does not include today.
65Pursuant to s 89(3) of the Sentencing Act as you have been convicted of an offence under s 319AA(1), you are disqualified from obtaining a licence for a period of 12 months from today.
66Pursuant to s 6AAA of the Sentencing Act, if not for your plea of guilty, I would have sentenced you to a period of imprisonment of 2 years and 3 months with a non parole period of 1 year and 6 months.
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