DPP v Bullard
[2020] VCC 243
•31 January 2020
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
CR-19-00273
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| RICKY BULLARD |
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| JUDGE: | HIS HONOUR JUDGE WRAIGHT |
| WHERE HELD: | Melbourne |
| DATE OF HEARING: | 22 January 2020 |
| DATE OF SENTENCE: | 31 January 2020 |
| CASE MAY BE CITED AS: | DPP v Bullard |
| MEDIUM NEUTRAL CITATION: | [2020] VCC 243 |
REASONS FOR SENTENCE
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Subject: CRIMINAL LAW
Catchwords: Plea of guilty – recklessly exposing an emergency worker to risk by driving – three charges of burglary – four charges of theft – four charges of handling stolen goods – one charge of possession of a drug of dependence – one summary charge of unlicensed driving – prior criminal history – burglary and theft of service stations – theft of vehicles and registration plates – offender drove into unmarked police vehicles causing risk to police officers- offender heavily affected by drugs at time of offending – offender suffers PTSD and polysubstance abuse disorder – young offender.
Legislation Cited: Crimes Act 1958, Drugs, Poisons and Controlled SubstancesAct 1981, Sentencing Act 1991.
Sentence: Imprisonment for a period of 2 years and 2 months, eligible for parole after serving a period of 14 months.
APPEARANCES: | Counsel | Solicitors |
| For the DPP | Mr A Malik | Office of Public Prosecutions |
| For the Accused | Mr B Nibbs | Emma Turnbull Lawyers |
HIS HONOUR:
Introduction
1Ricky Bullard, on Indictment J12258362A.1 (the first indictment) you have pleaded guilty to the aggravated offence of recklessly exposing an emergency worker to risk by driving contrary to s 317AF(1) of the Crimes Act 1958, which carries a maximum penalty of 10 years imprisonment.
2On indictment J12258362B, the second indictment, you have pleaded guilty to three charges of burglary (Charges 1, 3 and 4) contrary to s 76 of the Crimes Act 1958 which carries a maximum penalty of 10 years imprisonment; four charges of theft (Charges 2, 5, 7 and 9) contrary to s 74 of the Crimes Act 1958 which carries a maximum penalty of 10 years imprisonment; four charges of handling stolen goods (Charges 6, 8, 10 and 11) contrary to s 88 of the Crimes Act 1958 which carries a maximum penalty of 15 years imprisonment, and one charge of possession of a drug of dependence, (Charge 12) contrary to s 73(1)(b) of the Drugs, Poisons and Controlled SubstancesAct 1981, which in this instance carries a maximum penalty of 30 penalty units or one year imprisonment.
3You have also pleaded guilty to one related summary charge, Charge 10, unlicensed driving contrary to s 18(1)(a) of the Road Safety Act 1986 which carries a maximum of 60 penalty units or six months imprisonment. You have also admitted your criminal record.
Circumstances of the offence
4In relation to both indictments the prosecution opening was tendered on the plea and may be summarised as follows:
5On 22 August 2018 at 1.31 am, CCTV footage depicts you attending the rear car park at 10 Pearcedale Parade, Broadmeadows. You were observed to leave the car park at 1.41 am, driving a white Toyota RAV4. At 3.23 am on the same day you and an unknown co-offender attend the United Petroleum service station located at 160 Old Geelong Road, Hoppers Crossing, which was closed at the time.
6CCTV footage at the premises depicts two vehicles, a white Renault Trafic van bearing registration plates 1MH 700 and a white Toyota RAV4 station wagon bearing registration plates 1CP 8P1 attend the service station and park at the entrance to the store. You and the unknown co-offender exit the vehicles, proceed to the counter area of the store and unsuccessfully attempted to access the cigarette cabinets. It is these facts that relate to Charge 1 on the second indictment, burglary.
7Your co-offender retrieved an angle grinder from the Renault, you both attempted to cut open the secure safe using the angle grinder but were unsuccessful. You both stole from the store a bottle of Coca-Cola and assorted lollies before leaving. It is these facts that relate to Charge 2 on the second indictment, theft. At 4.22 am on the same day, you and an unknown co-offender attended the United Petroleum service station located at 25 Albans Road, St Albans, which was closed at the time.
8CCTV footage depicts the Renault and the Toyota RAV4 attend the service station and park at the entrance of the store. You and your co-offender attended the front entrance of the store and forced entry to the store by smashing the glass doors with a metal implement. You both went to the counter area and removed a cabinet with the metal implement. The cabinet usually contains cigarettes during operating hours but was empty at the time of the offending. It is these facts that relate to Charge 3 on the second indictment, burglary. You both returned to your vehicles and left the scene.
9At 4.35 am on the same day, you and an unknown co-offender attended the United Petroleum service station located at 45 McIntyre Road, Sunshine, which was closed at the time. CCTV footage depicts the Renault and the Toyota RAV4 attend the service station and park at the entrance of the store. You both forced entry to the store by forcing a lock and chain with a metal implement and jimmying open the front entrance doors. You both then entered the store and searched the cupboards and around the counter area.
10Your attempts to pry open a safe behind the counter were unsuccessful. It is these facts that relate to Charge 4 on the second indictment, burglary. You and your co-offenders stole a display box containing cigarette lighters from the store before leaving. It is these facts that relate to Charge 5 on the second indictment, theft. Inquiries into the white Toyota RAV4 bearing registration plates ICP 8P1 reveal that the plates were stolen on 15 August 2018 from Victoria Street, Northcote. It is these facts that relate to Charge 6 on the second indictment, handle stolen goods.
11At 12.16 pm on the same day you attended the rear car park located at 10 Pearcedale Parade, Broadmeadows. CCTV footage depicts you attending the car park in a Nissan QASHQAI, registration 1HS 9BC. Inquiries reveal that this vehicle was stolen and is the property of Glen Hendricks. It is these facts that relate to Charge 7 on the second indictment, theft.
12Inquiries into the white Renault Trafic van bearing the registration plates 1MH 700, reveal that this vehicle was stolen on 20 August 2018 from Pascoe Vale. CCTV footage from the rear car park of 10 Pearcedale Parade at 12.16 pm depicts you removing stolen registration plates, 1MH 700, from a Holden Commodore believed to be registration YAO 909. At 5.14 pm CCTV footage depicts you attaching the stolen registration plates to the Commodore. It is these facts that relate to Charge 8 on the second indictment, handle stolen goods.
13At 4.50 pm you were observed driving the white Toyota RAV4 in the rear car park of 10 Pearcedale Parade. You were in possession of and driving the white Toyota RAV4 wagon on 22 August 2018 and that this was the vehicle used at the earlier three burglaries of the United Petroleum service stations in Hoppers Crossing, St Albans and Sunshine. Inquiries reveal that this vehicle was stolen. It is these facts that relate to Charge 9 on the second indictment, theft.
14At 10.20 am on 27 August 2018, a black-coloured Holden Commodore sedan bearing stolen registration plates XLL 447 was observed at Shiners Car Wash in Preston parked in a car wash bay. You and two other males were observed outside the Commodore, cleaning the vehicle. It is these facts that relate to Charge 10 on the second indictment, handle stolen goods, the registration plates.
15At approximately 10.45 am unmarked police vehicles entered the car wash via the Jessie Street and Bell Street entries to intercept the Commodore based on intelligence police had earlier received. An unmarked police vehicle driven by Detective Senior Constable Peter Rouse with Detective Sergeant Jason Connor as a passenger entered the car wash from Jessie Street and positioned their vehicle behind the Commodore that was parked within the car wash bay. Both police officers exited the car.
16An unmarked police vehicle comprising Detective Senior Constable Rebecca Amadritis and Constable Chris Hammond followed the vehicle driven by Detective Senior Constable Rouse into the car wash. A third unmarked police vehicle driven by Detective Senior Constable Jarrod Westlake and also comprising Senior Constables Alistair MacDonald and Dean Hartwell drove into the car wash and positioned their vehicle in front of the Commodore. Both police officers exited the vehicle.
17A fourth unmarked police vehicle comprising of Senior Constables Matthew Wilsenhor and Elise Marr took position behind the unmarked police vehicle driven by Detective Senior Constable Jarrod Westlake. This vehicle had its blue and red flashing lights and sirens activated. A fifth unmarked police vehicle also drove into the car wash. As police members exited their vehicles they shouted 'police'. Upon police vehicles and members arriving in the car wash bay area, you and the other two males who were washing the Commodore got back into the car.
18You were in the driver's seat. You reversed into the unmarked police vehicle which had been parked behind your vehicle. The impact of the collision caused the police vehicle to be pushed back, forcing Detective Senior Constable Peter Rouse and Detective Sergeant Jason Connor to take evasive action to avoid being hit. After seeing the Commodore reverse into the police vehicle, Detective Senior Constable Jarrod Westlake got out of the police vehicle he was driving.
19Constable Hartwell moved to be at the driver's side of the police vehicle. You accelerated at a fast rate of speed into the police vehicle which had been parked in front of the Commodore. The force of the collision caused the police vehicle to be pushed backwards into the front of the fourth police vehicle. Detective Sergeant Jason Connor got back into his vehicle through the passenger door and climbed over to the driver's side. He positioned his vehicle closer to the bay to prevent the Commodore from causing further damage.
20You reversed at a fast rate of speed towards the first unmarked police vehicle at the rear, in which Detective Sergeant Jason Connor was seated. The Commodore collided with the police vehicle and became wedged between the police vehicle and the concrete bollards. You continued to try and flee, however, due to the Commodore being wedged it remained stationary with its tyres spinning and smoke coming from its tyres. It is these facts that relate to Charge 1 on the first indictment, the aggravated offence of recklessly exposing an emergency worker to risk by driving.
21Police members directed all occupants to exit the Commodore which was refused. Police members were required to smash the windows of the Commodore with batons and dispense OC spray in order to remove you and your passengers from the vehicle. As a result of the ramming, the two police vehicles parked immediately in front of and behind the Commodore suffered extensive damage while a third vehicle suffered minor damage.
22A search of the Commodore was undertaken. A number of stolen items were found in the vehicle including a driver’s licence and other cards belonging to another person as detailed in the prosecution summary. It is these facts that relate to Charge 11 on the second indictment, handle stolen goods. A black key safe belonging to you containing a small quantity of white crystalline methamphetamine was located in the driver's side door pocket. It is these facts that relate to Charge 12 on the second indictment, possession of a drug of dependence.
23At the time of the offending you were an unlicensed driver which relates to summary charge 10. You were interviewed by police on 28 August 2018. In relation to the offending on 22 August 2018, you denied the burglaries of the service stations. In relation to the incident on 27 August 2018, you told investigators that you were the driver of the Commodore and drove into the vehicles at the car wash. However, you said that you did not know who was in those vehicles and denied knowing they were police until you were sprayed with capsicum spray. You stated that you were drug affected and that you thought that it could have been people trying to take your car. You further stated that you did not see the vehicle which had activated its lights and sirens.
Nature and gravity of the offending
24The most serious offence to which you have pleaded guilty is the aggravated offence of recklessly exposing an emergency worker to risk by driving. The charge on the indictment particularises that your conduct while driving the Commodore exposed five police officers to risk for their safety. While the incident occurred over a short space of time, the circumstances clearly would have been a frightening experience for the police involved. It was fortunate that no one was injured during the incident.
25The police were acting on information and sought to speak with you and your passengers. However, upon you seeing them exit their vehicles you attempted to flee the scene by ramming the cars to the front and rear of your vehicle. While the police cars were unmarked and the police in plain clothes, the evidence was that the officers yelled out that they were the police. You, however, state that you thought that they may have been people who were following you and seeking to take your car.
26However, on your own admission you say that you were heavily affected by drugs and were not in a right state of mind. You say you were afraid and panicked. I accept that you were in a drug-induced state and were not thinking rationally. However, your drug problem, while significant and destructive was self-induced and it would appear that in the days leading up to this incident, including the days when the other offences occurred, you had been using ice and other drugs heavily.
27It has also been put that you are suffering from post-traumatic stress disorder which contributed to your poor judgment. I will discuss this aspect later in relation to Verdins principles. The offences on the second indictment reflect a litany of offending that occurred on one day, 22 August 2018. In summary, it seemed that you, with others, went from one service station to the next seeking to quickly obtain money or property which ultimately was unsuccessful. While in each case the service stations were closed and no victims were involved, in my view these are relatively serious examples of burglary involving commercial premises. Further, you were driving a vehicle with stolen registration plates and you were unlicensed.
Personal circumstances
28You are 22 years of age and were 21 at the time of the offending. You grew up in the Kinglake area. You have three older siblings, a brother and two sisters, who are all in full-time employment. You describe a good relationship with your parents who continue to support you through the criminal process. You have a girlfriend who does not use drugs and is employed.
29You attended Whittlesea Secondary School to Year 8 level. You were not successful in school and were often in trouble. Having left school at age 14 you then went to work with your father commencing an apprenticeship in metal fabrication and engineering in the caravan industry. You completed three years of that apprenticeship, however your drug problem led you to a position where you were unable to remain employed.
30You suffered a significant trauma when you were 11 years of age. You and your family were then living in the Kinglake area when the Black Saturday bushfires occurred in 2009. Your family were trying to escape the area when your car broke down and the fire began closing in on you. You were ultimately collected by other people fleeing the area. You witnessed firsthand the destruction caused by the fire and saw bodies of people who had perished in the fire. When you returned to school you were informed that 12 of your classmates had been killed in the fire.
31You did not receive any counselling and it is only in more recent times that you have made a connection with some of your behaviour, including your drug use, that may be linked to the trauma you continue to suffer as a result of living through that experience. Approximately 18 months to two years after these events you began to use cannabis. By the age of 15 you were using MDMA and ice. By 17 years of age you were using ice and GHB. At the time of arrest for these offences you indicate that you were using up to 2 grams of ice per day and up to 100ml of GHB daily.
32Your drug use significantly increased around August 2018 following the death of a friend of yours as a result of a car accident. You were following him in your car when the accident occurred, and ultimately, he died in your arms. Within days of the funeral of your friend, a further tragedy occurred where another friend of yours died after falling from a balcony of a city building. It was shortly after these events that this offending occurred.
33A psychological report was prepared by Ian McKinnon, consultant psychologist and tendered on the plea. Mr McKinnon provides a psychological assessment; however, he did not conduct any psychometric testing and provided his clinical assessment following a video link interview with you. Mr McKinnon is of the view that you appear to be suffering with symptoms that meet the clinical criteria for post-traumatic stress disorder (PTSD), substance-induced psychosis and polysubstance abuse disorder.
34Mr McKinnon concludes that you suffer from PTSD as a result of your experiences during the 2009 bushfires. You acknowledged to Mr McKinnon that you believe that the traumatic experience had an unsettling effect on your development and added to your development of a chronic substance abuse problem. Mr McKinnon ultimately concluded that in his view your longstanding PTSD and polysubstance abuse disorder made a contribution to your offending by significantly degrading your ability to reason and make sound judgment.
35Your counsel relied on this conclusion in order to enliven Verdins principles. Even without any psychological opinion, it is self-evident that your admitted drug use in the weeks leading up to the offending combined with your PTSD may well have clouded your judgment and decision-making. Indeed, Mr McKinnon in a separate part of his report attributes the combination of the two issues as being contributory to the offending in this instance. He ultimately concludes that you face considerable challenges in order to avoid relapsing into substance abuse and further associated offending.
36I received three references from your mother and father. Your mother acknowledged the significant effect the bushfire experience had on you. She speaks of an unsuccessful attempt at rehabilitation through Odyssey House, where you only lasted a few days. That said, she conveys that you were relieved when finally arrested by police as you were tired of drugs. She notes that in conversation with you, you have expressed that you have made stupid choices and that you want to make a fresh start.
37Your father echoes the sentiments of your mother, stating that you had demonstrated sorrow and remorse at the heartbreak you have caused your family. He has seen change in you since being in custody and ultimately makes the observation that you were a ‘good son’ until you started to use ice – an observation which sadly is common to many that come before this court.
38You wrote a letter to the court where you acknowledge that at the time of the incident at the car wash you were heavily affected by drugs and on your own self-analysis you state that you were in, 'some sort of drug-induced psychosis' causing you to be paranoid. You indicate that you were spiralling out of control after witnessing your friend dying in the car accident.
Sentencing considerations
39I take into account your plea of guilty which was entered on the day your trial was to commence, and as such, it is not an early plea. That said, the issue that was to be contested was limited to whether or not you were aware at the relevant time that it was police officers that were attempting to speak to you. I was told that once new counsel had become involved in the week prior to trial, sensible negotiation occurred, and the matter resolved.
40The trial would have taken considerable time and involved a number of witnesses. As such, your plea has saved court time and resources and most importantly, it has avoided the need for a number of witnesses who would be required to give evidence. You are entitled to have that taken into account in your favour. I also accept that you are beginning to gain insight into your offending behaviour and the close link to your drug use. As such, you have expressed regret and remorse to your parents and your psychologist, where you acknowledge that you are sorry for the fact that you put police at risk when they were simply doing their job. Therefore, in my view you are beginning to demonstrate genuine remorse.
41You were 21 years of age at the time of this offending and therefore your age is very relevant in the sentencing discretion. Reliance was placed on the well-known principles in relation to young offenders that rehabilitation should remain the primary sentencing consideration. I accept that your relative youth still enlivens principles in relation to young offenders and has application in this case.
42However, in my view the other relevant sentencing consideration such as general and specific deterrence, denunciation of your conduct, just punishment and protection of the community must also carry in the sentencing discretion in this instance, weighed together with the fact that you are young and rehabilitation must still remain a principle focus.
43It was submitted that Verdins principles are enlivened as a result of your PTSD. A passage from Mr McKinnon's report was relied on, where he was of the view that your PTSD 'probably made a significant contribution to his offending.' However, as noted above, Mr McKinnon is also of the view that it was your PTSD together with your drug use that contributed to your offending. Further, as noted in your letter to the court, you acknowledge the contribution of your drug use to the way you reacted at the time of the confrontation with the police in the car wash.
44As discussed during the plea, while I accept that your PTSD is real and that you have suffered a number of significant tragedies, in my view it is not possible on the evidence to find a causal connection to the offending that enlivens Verdins principles. That said, I accept that the significant traumas you have suffered may have contributed to you making poor decisions including using drugs. Further, I note that Mr McKinnon states that you are coping well in prison and have benefitted from the period that you have been on remand. Thus, Verdins principles 5 and 6 are also not enlivened in this instance.
45While you do have a criminal history dating back to 2009, your more serious offending has occurred over the past couple of years where it is clear that your drug addiction has been the primary contributor. You have enough insight to know that if you are able to rid yourself of your drug addiction, your prospects of rehabilitation will greatly improve. You are fortunate to have a loving and supportive family who also understand that when you are free from drugs you are a valued family member.
46General deterrence remains an important sentencing consideration. Police and other emergency workers are regularly exposed to drug affected people and you yourself acknowledge they are entitled to do their job and feel safe. As such, a message needs to be sent to others that conduct such as yours will not be tolerated and there will be consequences.
Sentence
47Mr Bullard, please stand.
48Ricky Dean Bullard, on Charge 1 on indictment J12258362A.1, the aggravated offence of exposing an emergency worker to risk by driving, you will be convicted and sentenced to 18 months imprisonment.
49On indictment J12258362B, on Charges 1, 3 and 4, burglary, you will be convicted and sentenced to six months imprisonment on each charge. On Charges 7 and 9, theft of the motor vehicles, you will be convicted and sentenced to four months imprisonment on each charge. On Charges 6, 8, 10 and 11, handling stolen goods, you will be convicted and sentenced to two months imprisonment on each charge. On Charges 2 and 5, theft, Charge 12, possession of a drug of dependence, and summary charge 10, unlicensed driving, you will be convicted and fined $100 on each charge.
50I direct that two months of Charges 1, 3, 4 and one month of Charges 7 and 9 be served cumulatively on each other and on Charge 1 of indictment J12258362B. That makes for a total effective sentence of two years and two months imprisonment. I direct that you serve 14 months before becoming eligible for parole. Pursuant to s 18 of the Sentencing Act 1991, I declare that 377 days be reckoned as the period of imprisonment already served under the sentence I have imposed, that does not include today.
51Pursuant to s 89(2)(b) of the Sentencing Act 1991, as the charge of aggravated reckless exposure of police officers to risk by driving is classed as a ‘serious motor vehicle offence’, any licence you hold will be cancelled and you will be disqualified from obtaining a licence for a period of two years from today. Pursuant to s 89(4) of the Sentencing Act 1991, in relation to Charges 7 and 9, theft of motor vehicles, any licence you hold will be cancelled and you will be disqualified from obtaining your licence for a period of 12 months from today.
52Pursuant to s 6AAA of the Sentencing Act 1991, if not for your plea of guilty I would have sentenced you to a period of imprisonment of three years with a non parole period of two years.
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