DPP v Eydems
[2023] VCC 168
•13 February 2023
| IN THE COUNTY COURT OF VICTORIA | Revised Not Restricted Suitable for Publication |
AT MELBOURNE
CRIMINAL JURISDICTION
CR-21-01503
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| JOSEPH EYDEMS |
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| JUDGE: | HIS HONOUR JUDGE LAURITSEN |
| WHERE HELD: | Melbourne |
| DATE OF HEARING: | 7 February 2023 |
| DATE OF SENTENCE: | 13 February 2023 |
| CASE MAY BE CITED AS: | DPP v Eydems |
| MEDIUM NEUTRAL CITATION: | [2022] VCC 168 |
REASONS FOR SENTENCE
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Subject: CRIMINAL LAW
Catchwords: Dangerous driving while pursued by police – damaging an emergency services vehicle by reckless driving – drive whilst disqualified – use an unregistered vehicle – serious driving offences – pleas of guilty entered before start of trial – previous convictions for driving while disqualified or suspended – carer for mother – availability of employment
Legislation Cited: Sentencing Act 1991 (Vic)
Cases Cited: Worboyes v R [2021] VSCA 169
Sentence: 13 months’ imprisonment
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APPEARANCES: | Counsel | Solicitors |
| For the Director of Public Prosecutions | Ms C. Pezzimenti | Office of Public Prosecutions |
| For the Accused | Mr A. Pyne | Gallant Law |
HIS HONOUR:
1This was the second case in my list of trials at Morwell in October 2022. It resolved before the trial started and was adjourned for a plea to February 2023. At the plea your counsel made submissions on the ultimate sentence. One of his submissions was I should impose a 'straight' sentence of imprisonment. On reflection that is appropriate. I will sentence you to a total effective sentence of 13 months' imprisonment. I will declare the 290 days of your pre-sentence detention as time served under my sentences.
2Joseph Eydems, on 5 October 2022 you pleaded guilty to two charges of dangerous driving while pursued by the police and a charge of damaging an emergency services vehicle by reckless driving. You also pleaded guilty to two summary charges.
3The circumstances of your offending are set out in the document entitled ‘summary of prosecution opening’ which is Exhibit A. Your counsel agrees with its contents.
4On 17 January 2020 you were disqualified from obtaining a licence or permit to drive a motor vehicle. The period of disqualification was six months. Accordingly, on 31 March 2020 you were a disqualified driver.
5On that day at about 5 pm you drove a motor vehicle in Jamieson Street, Warragul. Two police members noticed your vehicle because it did not have a registration plate fixed to the front. They stopped their vehicle in the middle of the road and operated lights indicating they wanted you to stop. You did not and drove on past them. Your vehicle was unregistered. These circumstances constitute the summary charges of driving whilst disqualified and using an unregistered vehicle on a road.
6The police vehicle was driven along another street and again positioned itself to block the passage of your vehicle. You drove past at a speed estimated between 120 and 130 kilometres per hour. Although the police vehicle started flashing their lights and siren you did not stop.
7You turned left into another street travelling at an estimated 130 kilometres per hour. The speed limit is 60 kilometres per hour. You overtook two vehicles by crossing onto the incorrect side of the road. This forced the oncoming traffic to brake heavily to avoid colliding with your vehicle. You entered a roundabout. You did not give way to other vehicles in the roundabout causing them to evade you to avoid a collision.
8You then drove down another street at an estimated speed of 100 kilometres per hour. You went on the incorrect side of the road to overtake a vehicle causing an oncoming vehicle to brake heavily. You drove through the next intersection having disobeyed a red light. This caused two vehicles to brake heavily to avoid a collision. These circumstances constitute the charge of dangerous or negligent driving while pursued by the police. These police members stopped chasing you.
9About 30 minutes later two other police members saw your vehicle in the Longwarry area. Despite operating their flashing lights, you did not stop. They gave chase. On the rear of your vehicle was a registration plate with the number FZW 771. This number is not listed on the VicRoads database.
10Your vehicle tried to turn left into another street. Since it was travelling too quickly the vehicle veered onto the wrong side of the road in front of a police vehicle. This constitutes the second charge of dangerous or negligent driving while pursued by police.
11Although the police vehicle braked, your vehicle struck it, causing both vehicles to stop. Despite both police members leaving their vehicle with guns drawn and calling on you to stop, you drove off quickly. Owing to the collision, the police vehicle suffered severe panel and suspension damage and was immediately removed from service. This constitutes the charge of damaging an emergency services vehicle.
12On 14 April 2020 you were arrested and interviewed. Your answers were unhelpful.
Personal
13You are 29. You are one of three siblings. You have three half-siblings.
14Your parents separated when you were about 12. Your father was an alcoholic. Your mother worked hard for the family. You were often cared for by your step‑sisters.
15You completed to Year 11 at secondary school. You did not complete Year 12. You completed a Certificate II in Construction and then worked for years as a concreter. You have not worked since the outbreak of the pandemic. Until your recent detention, you were caring for your mother who has kidney disease.
16You have a partner. There are three children of your relationship. The children are in the care of a member of her family. She is in custody serving a two-and-a-half-year sentence of imprisonment for armed robbery.
17You have used various drugs since 14. More recently, your drug is methylamphetamine. You have not used it consistently. There have been periods of non-use including a successful completion of the Odyssey House program by mid-2021. Even undertaking one of the few drug rehabilitation programs of any value, you are still using methylamphetamine although at a lower level than before the pandemic.
18Although you have longstanding mental health issues it is unclear what they are. One can guess from the medicines you have taken and take now. Their severity can be gauged because you have been hospitalised twice.
19Upon release from custody, you intend to live with your mother and resume your care of her.
References
20Your mother wrote a reference. She is heavily dependent on you for many activities of her daily living. It appears much of her day is spent on a dialysis machine. For one reason or another she cannot rely on your siblings.
21Aiden Barallon runs a concreting business. He has known you for about 18 months and employed you for about 12 months. He speaks highly of you as an employee. He speaks of your regret and remorse over the offending. He believes you are trying to change. He is willing to continue your employment. Although his letter was dated 4 October 2022, I assume he remains willing to employ you despite your recent remand.
Discussion
22I note the purposes of sentencing set out in s 5(1) of the Sentencing Act 1991. Each is relevant in your case. In relation to the matters in s 5(2), the following are relevant.
Maximum penalties
23The maximum penalties for the offences are
(a) dangerous or negligent driving while pursued by police – 3 years’ imprisonment;
(b) damaging an emergency service vehicle – 5 years’ imprisonment;
(c) driving while disqualified – 2 years’ imprisonment;
(d) use an unregistered motor vehicle – 50 penalty units for a subsequent offence.
24Since 25 November 2022 you have been in custody. When this proceeding came before me in October 2022, you were on bail. Since then you have been charged with further offences. You were not bailed on those charges and I revoked your bail on these charges on 5 December 2022.
25Your counsel hopes the other charges will be resolved by the end of March 2023. That may prove to be wishful thinking given the vagaries of the justice system cause by the effects of the pandemic.
Gravity of the offences
26
The charges seem to capture the serious nature of your driving. On
31 March 2020, you were a disqualified driver. You were disqualified about 10 weeks earlier. As a disqualified driver you should not have driven at all. You drove an unregistered vehicle. You should not have driven that vehicle. You drove at a very high speed in certain streets of Warragul. Along a road, at an intersection and a roundabout, your driving forced other drivers to take steps to avoid a collision with your vehicle. You repeated your appalling driving at Longwarry about 30 minutes later, culminating in a collision with a police vehicle. Amazingly, no one was physically injured by your behaviour although a police vehicle was severely damaged. When it was damaged there were two police members inside the vehicle.
Guilty pleas
27Your guilty pleas were entered shortly before the start of your trial. In terms of timing, they occurred late in the process starting with the laying of the charges and ending with a verdict.
28The pleas are evidence of your remorse. They enjoy a utilitarian benefit. While the court still labours under the adverse effect of the pandemic they possess the enhanced benefit identified in the case of Worboyes v The Queen[1] and other cases. Overall, your guilty pleas require a sizeable discount on the sentences I would have imposed in their absence.
[1] [2021] VSCA 169.
Criminal history
29Between 18 December 2012 and 17 January 2020, you appeared in a criminal court on 11 occasions and were found guilty or convicted of 64 offences.
30You have been sentenced to immediate imprisonment on four occasions. Your longest sentence of imprisonment was 2 months, imprisonment imposed on 17 January 2020. You have five previous convictions for driving whilst disqualified or suspended.
31Your prospects of rehabilitation are uncertain. Your criminal history gives me no confidence. The fact of you caring for your mother did not prevent this offending. The fact of your remorse may not mean any determination not to reoffend will be successful. You are a complex person. There are factors influencing your behaviour. Some good and some bad.
Sentence
32Dealing with the charges on the indictment.
33On Charge 1, a charge of dangerous or negligent driving while pursued by police, I sentence you to nine months' imprisonment.
34On Charge 2, another charge of dangerous or negligent driving while pursued by police, I sentence you to nine months' imprisonment.
35On Charge 3, a charge of damaging an emergency services vehicle, I sentence you to nine months' imprisonment.
36In relation to the summary charges, on summary charge 16, a charge of driving whilst disqualified, I sentence you to three months' imprisonment. On summary charge 17, a charge of using an unregistered vehicle on a highway, you are fined $500.
37The base sentence is the sentence on Charge 1. Three months of the sentence on Charge 2 and one month of the sentence on the summary charge of driving whilst disqualified will be served cumulatively upon the base sentence and themselves. The other sentence of imprisonment will be served concurrently with themselves and the other sentences of imprisonment.
38The total effective sentence is 13 months' imprisonment.
39I declare the 290 days of your pre-sentence detention, excluding today, as time served under my sentences today.
40I will refer the fine to Fines Victoria for collection.
41On each of Charges 1 and 2 any licence or permit you hold to drive a motor vehicle is cancelled and you are disqualified from holding a licence or permit for a period of three years.
6AAA
42If you had not pleaded guilty to the charges involving imprisonment and were found guilty of them, I would have sentenced you to a period of imprisonment of 20 months.
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