R v Elphick

[2021] ACTSC 9

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:	R v Elphick
Citation:	[2021] ACTSC 9
Hearing Date:	1 February 2021
Decision Date:	4 February 2021
Before:	Murrell CJ
Decision:	Sentence of seven years and seven months’ imprisonment with a nonparole period of four years’ imprisonment.
Catchwords:	CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – Aggravated burglary – Burglary – Drive motor vehicle without consent – Take motor vehicle without consent – Ride in motor vehicle without consent – Theft – Minor theft – Damage property – Possess false number plates – Obtain property by deception –
Negligent driving – Drive while disqualified – Trespass – Offender on conditional liberty – Drug addiction and mental health
Legislation Cited:	Criminal Code 2002 (ACT) ss 45A, 308, 311, 312, 318, 321, 326, 403 Crimes (Sentencing) Act 2005 (ACT) ss 19, 20 Crimes Act 1900 (ACT) s 116(3) Public Order (Protection of Persons and Property) Act 1971 (Cth) s 11(1) Road Transport (Driver Licensing) Act 1999 (ACT) s 32(1)(a), 32(5) Road Transport (Safety and Traffic Management) Act 1999 (ACT) s 6(1)(c) Road Transport (Vehicle Registration) Act 1999 (ACT) s 20(c)
Cases Cited:	Beath v McCurley [2018] ACTCA 48; 339 FLR 165 Smith v Stivala [2018] ACTSC 309; 341 FLR 359
Parties:	The Queen (Crown) Kieran William Elphick (Offender)
Representation:	Counsel
T Hickey (Crown)
K Musgrove (Offender)
Solicitors
ACT Director of Public Prosecutions (Crown)
McKenna Taylor (Offender)
File Number(s):	SCC 199, 200 of 2020
MURRELL CJ:
Introduction

1.       The offender pleaded guilty to 100 offences, being 20 “series” of offending. Three

additional offences are to be taken into account in relation to Series 20.

2.       The offences occurred in a three-week period in December 2018/January 2019 and a two-week period in December 2019/January 2020.

3.       The offences are:

(a) 11 counts of aggravated burglary with intent to steal or attempted aggravated burglary, contrary to s 312 of the Criminal Code 2002 (ACT) (Criminal Code).

Each offence carries a maximum penalty of a fine of $320,000, 20 years’

imprisonment or both.

(b) One count of burglary with intent to steal, contrary to s 311 of the Criminal Code.

The maximum penalty is a fine of $224,000, 14 years’ imprisonment or both.

(c) 17 counts of taking (one by joint commission), driving, or riding in a motor vehicle without consent, contrary to s 318(1) or (2) of the Criminal Code.

Each offence carries a maximum penalty of a fine of $80,000, five years’

imprisonment or both.

(d) Eight counts of dishonestly obtaining property by deception (one by joint commission), contrary to s 326 (and s 45A) of the Criminal Code.

Each offence carries a maximum penalty of a fine of $160,000, 10 years’

imprisonment or both.

(e) Two counts of theft, contrary to s 308 of the Criminal Code.

Each offence carries a maximum penalty of a fine of $160,000, 10 years’

imprisonment or both.

(f) Three counts of damaging property by joint commission, contrary to s 403 (and s 45A) of the Criminal Code.

Each offence carries a maximum penalty of a fine of $160,000, 10 years’

imprisonment or both.

(g) 12 counts of driving while disqualified as a repeat offender, contrary to s 32(1)(a) of the Road Transport (Driver Licensing) Act 1999 (ACT).

For a repeat offender, each offence carries a maximum penalty of a fine of

$16,000, 12 months’ imprisonment or both. There is also an automatic period of

driver disqualification of 24 months.

(h) 16 counts of causing minor property damage (not exceeding $5,000), some by joint commission, contrary to s 116(3) of the Crimes Act 1900 (ACT) (and s 45A of the Criminal Code).

Each offence carries a maximum penalty of a fine of $8,000, two years’

imprisonment, or both.

(i) 23 counts of minor theft (property valued at less than $5000), including by joint commission, contrary to s 321 (and s 45A) of the Criminal Code.

Each offence carries a maximum penalty of a fine of $8,000, six months’

imprisonment, or both.

(j) One count of negligent driving not occasioning death or grievous bodily harm, contrary to s 6(1)(c) of the Road Transport (Safety and Traffic Management) Act 1999 (ACT).

This offence carries a maximum penalty of a fine of $3,200.

(k) Five counts of possessing a device, plate or document calculated to deceive, contrary to s 20(c) of the Road Transport (Vehicle Registration) Act 1999 (ACT).

Each offence carries a maximum penalty of a fine of $8,000, 6 months’

imprisonment, or both.

(l) One count of trespass, contrary to s 11(1) of the Public Order (Protection of Persons and Property) Act 1971 (Cth). This offence carries a maximum penalty of a fine of $2,100.

History of charges and pleas

4.       On 14 November 2018, Magistrate Boss sentenced the offender for a raft of dishonesty and driving offences committed in January 2017 and March/April 2018. He was sentenced to full-time imprisonment from October 2017 and concurrent intensive

correction orders of up to six months’ duration from 14 November 2018 (for offences of

taking a motor vehicle without consent). The offender was disqualified from driving for
two years (to November 2020).

5.       On 17 January 2019, the offender was arrested and charged with driving and dishonesty offences that had occurred on 24 December 2018 and 16 January 2019 (in

the same period as the offences in Series 1–9). Bail was refused until 16 October

2019, when the offender was sentenced by Magistrate Taylor to sentences of full-time imprisonment from 17 January 2019 to 16 October 2019, with a good behaviour order to commence at the expiry of the periods of full-time imprisonment.

6.       Meanwhile, on 15 July 2019, the offender was charged for the offending in Series 1–9.

A brief of evidence was prepared and served. On 16 October 2019, the offender was bailed to attend the Wayback rehabilitation program.

7.       While the offender was at Wayback, he indicated a willingness to plead guilty to the

offences in Series 1–9.

8.       On 25 November 2019 (i.e. after six weeks), the offender left the Wayback program and a warrant was issued for his arrest. He had participated successfully in the program for five weeks.

9.       On 3 January 2020, the offender was arrested and charged with some of the charges

the subject of Series 10–20. Between 31 January 2020 and 13 July 2020, he was

charged with further charges in those series.

10.     On 26 August 2020, the offender pleaded guilty to all charges. In relation to Series 10–

20, the pleas were entered before the brief of evidence had been served.

11.     Having regard to the timing and utilitarian value of the pleas, although there was strong evidence in relation to most of the charges, I will allow a discount of approximately 25 per cent on the sentences that would otherwise have been imposed.

12.     The offender has been in custody since 3 January 2020. Allowing some credit for the period spent at Wayback, the sentences will commence on 17 December 2019.

13.     All offences were committed while the offender was on conditional liberty. The offences

comprising Series 1–9 put the offender in breach of an intensive correction order that

was imposed by Magistrate Boss on 14 November 2018 in relation to offences of taking

a motor vehicle without consent. The offences comprising Series 10–20 put him in breach of bail in relation to the offences the subject of Series 1–9 and in breach of the

good behaviour order imposed by Magistrate Taylor.

Facts

Series 1—29 December 2018 at Manuka and Kingston, with unidentified co-offender

14.     At 6:30 AM on 29 December 2018, a black Honda Accord vehicle was reported missing from an address in Deakin. At approximately the same time, MH parked his silver Subaru Forrester in a carpark in Red Hill and went for a morning run.

15.     A short time later, a witness saw the Honda vehicle driving at speed behind a blue Hyundai i30 vehicle. The vehicles entered the Red Hill carpark and stopped near the Subaru. The offender and another man exited the vehicles.

16.     The men broke the rear passenger window of the Subaru and stole an iPod nano, a black Samsung Galaxy S7 mobile phone, and bank cards (CC2020/8407: damage property (minor); CC2020/8408: minor theft).

17.     At 7:17 AM, the offender drove the Honda vehicle to the McDonalds fast food outlet in

Manuka. He purchased food using one of MH’s bank cards (CC2019/7820: obtain

property by deception).

18.     At 7:48 AM, the offender drove the Honda vehicle to BP Express in Kingston. He

purchased a Neosurf pre-paid card and a packet of cigarettes using MH’s bank card

(CC2019/7821: obtain property by deception; CC2020/8406: drive motor vehicle
without consent; CC2019/7822: drive while disqualified (repeat offender)).

Series 2—31 December 2018 at the Rolfe Dealership in Philip, with unidentified co-

offender

19.     At 2:56 AM on 31 December 2018, the offender and a co-offender attended the Rolfe Mitsubishi dealership in Phillip.

20.     The men broke the glass front doors and ran to the office, where they stole a set of keys for a Mitsubishi vehicle and a dealer number plate (CC2019/7823: aggravated burglary; CC2020/8409: minor theft).

21.     At 10:01 AM, the offender drove to the Coles Express service station in Philip in a white Nissan vehicle. The vehicle had been stolen from the carpark of the Royal Australian Mint in Deakin during the previous night. The offender filled the vehicle with petrol and drove away without paying (CC2019/7825: drive motor vehicle without consent; CC2019/7826: drive while disqualified (repeat offender)).

Series 3—3 January 2019 at Griffith with two unidentified co-offenders

22.     At 7:34 PM on 3 January 2019, the offender drove to a Griffith residence in a grey Hyundai Elantra vehicle that had been stolen from a Franklin residence on the previous day. The vehicle carried stolen number plates (CC2019/7831: possess false number plates).

23.     The offender was accompanied by male and female co-offenders. The offender and the male co-offender exited the vehicle and approached the garage door, which had been left slightly open. The female co-offender waited by the vehicle. The offender assisted the male co-offender to carry various items (including glasses and two garage remote devices, with a total value of approximately $770) from the garage to the vehicle. At the time, the resident was at home but was unaware that the offence was occurring (CC2019/7829: aggravated burglary; CC2020/8410: minor theft;

CC2019/7827: drive motor vehicle without consent; CC2019/7828: drive while

disqualified (repeat offender)).

24.     In the early hours of 5 January 2019, the vehicle was set alight in Red Hill.

Series 4—4 January 2019 at Autoco, Hume, with an unidentified co-offender

25.     At 1:12 AM on 4 January 2019, the offender and a female co-offender drove in a dark SUV to Autoco (a vehicle repairer) in Hume. Using a long, thin implement, the offender gained access to the building and searched through drawers and cupboards in the office. He then walked to the workshop area, opened a roller door and, using a set of keys stolen from the office, entered a blue Suzuki Swift that had been left at the premises to be repaired (CC2019/7834: aggravated burglary; CC2020/8411: minor theft; CC2019/7833: drive while disqualified (repeat offender)).

26.     After some time, the female co-offender drove away in the dark SUV. The offender drove the blue Suzuki vehicle from the premises (CC2019/7836: take motor vehicle without consent).

Series 5—6 January 2019 at Azure Apartments, Kingston, with unidentified co-offender

27.     At 2:15 AM on 6 January 2019, the offender and a male co-offender drove the blue Suzuki to the Azure Apartments in Kingston. The vehicle carried a stolen number plate (CC2019/7838: ride motor vehicle without consent).

28.     Using a stolen garage remote device, the offenders gained access to the secure underground carpark. They smashed the rear passenger window of a white Nissan vehicle (repair cost $200) and stole sunglasses and a backpack (value $360) (CC2019/7839: aggravated burglary; CC2020/8412: damage property (minor); CC2020/8413: minor theft).

29.     The offender then broke into a silver Toyota Camry, started it, and drove out of the carpark (CC2019/7842: take motor vehicle without consent; CC2019/7843: drive while disqualified (repeat offender)). The co-offender drove the blue Suzuki from the carpark.

30.     At 4:37 AM, the offender drove the Toyota vehicle to a service station in Kambah. He used a bank card belonging to the owner of the vehicle to purchase several items (prepaid vouchers, lighters and drinks, with a total value of $147.70) (CC2019/7844: obtain property by deception).

31.     Later, police later found the Toyota vehicle parked in Kingston.

Series 6—9 January 2019, Tuggeranong Parkway, Chifley, with co-offender

32.     At 1 PM on 9 January 2019, a police officer observed a stolen white Volkswagen GTI driving on the Tuggeranong Parkway at Chifley, recognised the driver, and observed that the offender was the front seat passenger (CC2019/7848: ride motor vehicle without consent).

Series 7—13 January 2019 at Narrabundah residence

33.     At about 9:45 AM on 13 January 2019, KQ left his Toyota Camry vehicle in the garage of his residence in Narrabundah.

34.    Between 9:45 AM and 12 PM, the offender forced entry to the garage, causing extensive damage to the door frame and brickwork. He entered the house and stole a set of keys to the Toyota Camry vehicle, a purse containing $150, and an iPad (total value of approximately $1,000). The offender then used the keys to open the vehicle and drive away (CC2019/7845: burglary; CC2019/7847: take motor vehicle without consent; CC2020/8414: minor theft).

35.     Although no one was home at the time, the offender should have realised that someone may be at home.

36.     The vehicle was not recovered.

37.     A victim impact statement states that the complainant was an elderly man who lived independently. He was psychologically vulnerable because he had recently suffered a theft from his home. The offence made him feel very vulnerable, anxious, and unsafe in his home. After the incident, he installed an alarm system and upgraded the locks on his house. Some of the stolen items had belonged to his late wife and were of sentimental value.

Series 8—14 January 2019 at the Belconnen Way Motor Inn, Hawker, with an unidentified

co-offender

38.     At about 5:09 AM on 14 January 2019, the offender drove the white Volkswagen in Series 6 to the Belconnen Way Motor Inn, Hawker and entered the visitor parking area. Two other vehicles arrived at the same time. (CC2019/7849: drive motor vehicle without consent; CC2019/7850: drive while disqualified (repeat offender)).

39.     The offender and a male co-offender approached a Volkswagen Jetta vehicle. They

removed the rear passenger wheel from the Jetta and swapped it with the front driver’s

wheel of the white Volkswagen (CC2020/8415: minor theft).

40.     On 25 January 2019, police found the white Volkswagen in Kambah.

Series 9—15 January 2019 at Automart, Fyshwick with unidentified co-offender(s)

41.     At 4:30 AM on 15 January 2019, the offender and unidentified co-offender(s) went to Braddon Automart, Fyshwick in a stolen Subaru Forrester (CC2019/7852: ride motor vehicle without consent).

42.     They forced entry by smashing the front glass double doors and entered the premises. They searched through the office and removed sets of car keys from a cupboard in the office. They used the keys to open a silver Volkswagen Polo which they took and drove away. One of the offenders drove the Subaru from the scene (CC2019/7853: aggravated burglary).

43.     During the burglary, the offenders left behind a yellow screwdriver. The offender was a contributor to DNA found on the handle.

44.     At the time of the offences, the business owner was asleep in a rear room of the dealership. He was unaware that a burglary was occurring.

45.     At about 1:30 PM, police located the Subaru in Queanbeyan. It carried the number plates of the Toyota Camry in Series 7. Inside the vehicle were car keys taken from Braddon Automart.

First arrest

46.     On 16 January 2019, police saw the offender driving the Volkswagen Polo from Series 9 in Yarralumla.

47.     On 17 January 2019, the offender was arrested in Palmerston. Upon searching the offender, police found a black satchel, a Samsung mobile phone, and the garage remote used to access the apartment in Series 5.

48.     The offender was charged and pleaded guilty to drive motor vehicle without consent and drive while disqualified (repeat offender). On 16 October 2019, he was sentenced for those offences by Magistrate Taylor.

Series 10—19 December 2020 at Crace with McGrory

49.     At about 11:46 PM on 19 December 2019, the offender and Rodney McGrory drove to an apartment complex in Crace in a blue Mercedes vehicle. They entered the underground carpark and broke into several vehicles (CC2020/1403: aggravated burglary).

50.     One of the offenders smashed the front passenger window of a blue Holden Cruze (repair cost about $200) and stole an iPod (value $200) (CC2020/8417: damage property (minor); CC2020/8418: minor theft).

51.     One of the offenders entered an unlocked Nisan Tiida and stole a pair of sunglasses and a garage remote (value $500) (CC2020/8420: minor theft).

52.     One of the offenders smashed the front passenger window of an Isuzu D-Max (repair cost about $200) and stole a Makita drill set and a Ramset hit gun (value $1,700) (CC2020/8424: minor theft; CC2020/8423: damage property (minor)).

53.    One of the offenders removed number plates from a Suzuki Swift (value $50) (CC2020/8416: minor theft).

54.     At about 12:06 AM, the offenders left the apartment complex with the stolen items.

Series 11—20 December 2019 at the Mantra Hotel, Turner, with McGrory

55.     A few hours later, at about 2:51 AM on 20 December 2019, the offender and McGrory gained access to the Mantra Hotel, Turner through a fire door and walked to the secure underground carpark, where they broke into cars (CC2020/1410: aggravated burglary).

56.     They smashed the driver’s window of a white Toyota Hilux (repair cost about $200) and

stole a wallet containing a bank card and a backpack containing clothing (value about
$500) (CC2020/8426: damage property (minor); CC2020/8428: minor theft).

57.     The offenders smashed the driver’s window of a white Chrysler (repair cost about $200)

and stole a Samsung Galaxy A20 mobile phone (value about $200) (CC2020/8429:
damage property (minor); CC2020/8430: minor theft).

58.     They forced down the driver’s window of a white Volkswagen Polo and stole a Dell

Latitude laptop (value about $350) (CC2020/8431: minor theft).

59.     The offenders smashed the front passenger window of a black Mercedes 430 (repair cost about $200) (CC2020/8432: damage property (minor)).

Series 12—20 December 2019 at Holt

60.     At about 6:30 PM on 20 December 2019, the offender drove a blue Mercedes sedan to a 7-Eleven service station in Holt (CC2020/1417: drive motor vehicle without consent; CC2020/1418: drive while disqualified (repeat offender)). The number plate affixed to the vehicle had been stolen the night before from the apartment complex in Crace (CC2019/1419: possess false number plates).

61.     Later, police identified the blue Mercedes as having been stolen from a house in Chapman on 19 December 2020.

62.     The offender refuelled the vehicle and went inside the 7-Eleven store. He purchased the fuel and a packet of cigarettes using the bank card that he had stolen from the white Toyota Hilux at the Mantra Hotel earlier that morning. He then made a second transaction using the stolen bank card, purchasing a packet of tobacco and cigarette rolling papers.

63.     The offender then drove the blue Mercedes to Woolworths Kippax. He used the stolen bank card in three separate transactions involving the purchase of tobacco and cigarettes.

64.     The total value of the five transactions was $384 (CC2020/8433: obtain property by deception).

65.     At about 10:25 PM, the blue Mercedes was involved in a car crash at the intersection of Melrose Drive and Hindmarsh Drive in Phillip. The occupants of the blue Mercedes fled the scene. Police searched the vehicle and found the Makita drill set, Ramset hit gun set and a wallet that had been stolen during the burglary at the Mantra Hotel earlier that day.

Series 13—22 December 2019 at Wanniassa, with McGrory

66.     At about 2:03 PM on 22 December 2019, the offender was driving a white Holden Commodore with McGrory in the passenger seat. The vehicle had been stolen from Queanbeyan six days earlier (CC2020/1422: drive motor vehicle without consent; CC2020/1423: drive while disqualified (repeat offender)). The number plate affixed to the vehicle had been stolen (CC2019/1424: possess false number plates).

67.     The vehicle was involved in an accident on Harbison Crescent, Wanniassa. The offender fled the scene. McGrory was arrested at the scene. He was taken to the Woden Police Station where he made full admissions to participating in burglaries. He identified the offender as his accomplice.

Series 14—23 December 2019 at Grace Removals, Hume with co-offender

68.     At about 5:15 AM on 23 December 2019, the offender drove a silver Mazda BT50 utility vehicle to a 7-Eleven service station in Holt. The vehicle had been stolen from a house in Harrison earlier that day.

69.     The offender refuelled the vehicle and drove away without paying for the fuel.

70.     At about 3:34 PM, the offender drove the BT50 utility vehicle to Grace Removals in Hume. A co-offender was in the front passenger seat. The offender parked the vehicle

and walked to the driver’s door of a white Toyota Land Cruiser parked at the side of

Grace Removals. He attempted to open the driver’s door using a screwdriver. When

this attempt was unsuccessful, he used his right forearm and elbow to smash the front

driver’s window, leaned into the car and stole a number of items including a wallet

(containing a debit card and a credit card), jewellery and an envelope containing $5,000 AUD cash (CC2020/8300: damage property (minor); CC2020/593: theft). He re- entered the BT50 utility vehicle and drove away.

71.     At about 3:47 PM that day, the offender drove the BT50 utility vehicle to a Caltex service station in Hume. He used the stolen credit card to pay for fuel and an ice cream. He walked from the store before returning and using the credit card a second time to buy two drinks, two ice creams, and a gift card (total value about $160). He drove away in the BT50 utility vehicle (CC2020/588: drive motor vehicle without consent;

CC2020/589: drive while disqualified (repeat offender); CC2020/594: obtain

property by deception).

72.     On 24 December 2019, the BT50 utility vehicle was parked on the grass area next to Lennock Motors in Hume, set alight, and destroyed.

Series 15—25 December 2019 at Macquarie and Kingston, with co-offenders

73.     At about 6:53 PM on 25 December 2019, the offender drove a black BMW 428i to a BP service station in Macquarie with a co-offender in the front passenger seat. The vehicle had been stolen from Lennock Motors in Hume during a burglary in the early hours of 24 December 2019. The number plates that were affixed to the vehicle had been stolen (CC2020/7360: possess false number plates).

74.     The offender got out of the car and refuelled it. He entered the BP store with the co- offender and used a stolen bank card to pay for the fuel. He used another stolen bank card to buy two $50 pre-paid cards. The co-offender then used the second bank card to buy five Powerade drinks and a packet of cigarettes before both drove away in the black BMW (CC2020/598: obtain property by deception).

75.     The bank cards belonged to EN, whose Red Hill house had been burgled at about 4 PM that day by four males who had been seen leaving the house and speeding away in a BMW vehicle.

76.     At about 7:36 PM, the offender drove the black BMW to Trevilian Quay, Kingston with a different co-offender as a passenger. Two additional co-offenders were also in the car.

77.     The offender and the primary co-offender got out of the car and walked to “The Pier”

apartment building, while the remaining passengers stayed in the car.

78.     The offender gained access to the building by using a small, thin implement to force the door frame of a side door, and he and the primary co-offender entered the building. They removed three packages from a parcel storage area used by residents. They walked to a service roller door, exited the building, and returned to the black BMW. The offender entered the driver’s seat and drove away. (CC2020/7361: aggravated

burglary; CC2020/596: drive motor vehicle without consent; CC2020/597: drive

while disqualified (repeat offender))

79.     At about 7:45 PM, the black BMW drove past the front of the “Dockside” apartment

building in Eastlake Parade, Kingston. A short time later, the offender ran to an entry alcove and forced open letterboxes. He stole a set of keys containing a remote device for garage to the apartment building. He ran back to the black BMW and drove away.

Series 16—26 December 2019 at Kingston and Phillip, with three co-offenders

80.     Several hours later, at about 3:47 AM on 26 December 2019, the offender drove the

black BMW to a laneway adjacent to the “Dockside” apartment building in Kingston.

The primary co-offender in Series 15 was seated in the front passenger seat. The stolen number plates were still affixed to the vehicle (CC2020/3792: possess false number plates).

1. The offender opened the secure roller door to the building’s underground carpark using

   the garage remote device that he had stolen earlier. He drove the BMW into the underground carpark. A red Hyundai i30 hatchback containing two unidentified male co-offenders followed the BMW into the underground carpark. The four offenders began to break into parked cars. The offender was carrying a torch, consistent with a degree of planning (CC2020/3793: aggravated burglary).

2. One of the offenders smashed the driver’s window of a black Jeep Cherokee (repair

cost $3,264) and stole a pair of sunglasses (value $200) from inside the vehicle
(CC2020/9048: damage property (minor); CC2020/9049: minor theft).

83.     One of the offenders smashed the window of a white Audi Q7 (repair cost $985) and stole a set of keys and a garage remote device from inside the vehicle (value $150) (CC2020/9050: damage property (minor); CC2020/9051: minor theft).

84.     One of the offenders smashed the front passenger window of a blue Mitsubishi ASX (repair cost $600) (CC2020/9052: damage property (minor)). Nothing was taken from inside the vehicle.

1. One of the offenders smashed the driver’s window and front passenger window of a

   grey Volkswagen Tiguan (repair cost $6,424) and stole cash and coins to the value of about $210.50 from inside the vehicle (CC2020/3802: damage property, CC2020/9053: minor theft).

86.     One of the offenders smashed the driver window of a grey Toyota RAV4 (repair cost $800) (CC2020/9054: damage property (minor)). Nothing was taken from inside the vehicle.

1. One of the offenders smashed the driver’s and front passenger windows of a grey

   Honda CRV (repair cost $3,000) and stole a pair of Apple Pro AirPods, charging cables, two coin purses, and a pair of sunglasses from inside (value $1,140) (CC2020/9055: damage property (minor); CC2020/9056: minor theft).

88.     One of the offenders gained access to an unlocked silver Subaru and stole a USB cable, a USB cigarette charging port, and a small card holder containing an expired bank card (value $100) (CC2020/9057: minor theft).

89.     One of the offenders smashed the front passenger window of a white Mazda 3 sedan (repair cost $100) (CC2020/9058: damage property (minor)). Nothing was taken from inside the vehicle.

90.     One of the offenders smashed the front passenger window of a black Audi A3 sedan (repair cost $1600) and stole a pair of sunglasses from inside the vehicle (value $600) (CC2020/9059: damage property (minor), CC2020/9060: minor theft).

91.     One of the offenders smashed the driver window of a black Porsche 911 (repair cost $10,000) and stole a set of keys and a garage remote device from inside the vehicle (value $100) (CC2020/3811: damage property; CC2020/9062: minor theft).

92.     One of the offenders smashed the driver’s and front passenger windows of a green

Toyota Prado belonging to KH and caused other damage to the vehicle (repair cost $17,820). They then stole a leather wallet containing $300 in cash and assorted cards, a purse contained assorted cards including an ANZ Visa bank card, a set of keys including a Nissan car key, a garage remote, a pair of Nike shoes and a pair of sunglasses from inside the vehicle. The stolen items belonged to the owner and his wife (total value $880 and $200) (CC2020/3813: damage property; CC2020/9063: minor theft; CC2020/9066: minor theft).

93.     In a victim impact statement, KH, the complainant, stated that it was not feasible to repair the damage caused to the vehicle, occasioning stress and inconvenience to him and his partner, and undermining their faith in the security of their apartment building.

94.     At about 4:14 AM, the offenders left the underground carpark in the black BMW and red Hyundai i30.

95.     At about 4:24 AM, the offender drove the black BMW to the BP2Go service station in Phillip. The primary co-offender was in the front passenger seat. The offender purchased six milk drinks and pre-paid for fuel using the stolen ANZ Visa bank card. The co-offender refuelled the car using the pre-paid fuel voucher. In a second transaction, the offender used the stolen ANZ Visa bank card to purchase three $25 gift cards and four chocolate bars (total value of both transactions $185) (CC2020/3816: obtain property by deception).

96.     The offender and primary co-offender entered the black BMW and drove from the service station. As the offender drove from the forecourt, his hands were not on the

steering wheel, the driver’s door was open, and the headlights were off. He entered

the roadway without indicating his intention (CC2020/3791: drive motor vehicle

without consent; CC2020/3790: drive while disqualified (repeat offender);

CC2020/3817: negligent driving).

Series 17—26 December 2019 at Carways, Mitchell, with co-offender

97.     At about 8:15 AM on 26 December 2019, the offender and primary co-offender in Series

15—16 travelled in the black BMW to Carways, a vehicle transportation business in

Mitchell. They got out of the vehicle, squeezed through a gate, and walked to the rear holding yard towards a parked car hauler truck (CC2020/600: trespass).

98.     There were two vehicles on the back of the car hauler truck: a red Hyundai Veloster and a white Isuzu MU-X vehicle. The offender climbed onto the passenger side of the truck and smashed the passenger window (CC2020/8301: damage property (minor)). He reached inside the car and stole the keys to the red Hyundai and the white Isuzu.

99.     The offender then extended the wheel ramps of the car hauler. The co-offender

entered the driver’s seat of the white Isuzu and started to reverse the car off the car

hauler but was unable to do so. The offender took over from the co-offender and reversed both the white Isuzu and the red Hyundai from the car hauler, parking them next to the truck. The offenders returned to the black BMW and drove away.

100.  A short time later the offenders returned to Carways on foot. The offender entered the Hyundai and the co-offender entered the Isuzu. They drove the cars from the holding yard (CC2020/604: take motor vehicle without consent; CC2020/8302: take motor vehicle without consent; CC2020/603: drive while disqualified (repeat offender)).

Series 18—26 December 2019 at Canberra Toyota, Fyshwick, with co-offender

101.  At about 10:04 PM on 26 December 2019, the offender and co-offender went to the Canberra Toyota dealership in Fyshwick. The premises were locked. The offenders jumped over the fence and looked through the windows of the building and through the windows of cars parked outside the office building. They then left the premises.

102.   At 10:36 PM, the offender drove the co-offender to Canberra Toyota in the red Hyundai that he had taken from Carways earlier that day.

103.   The offenders gained access to the building, entered, and searched a number of rooms. They seized a safe from the office and carried it to the red Hyundai. In addition, they stole $783.40 in cash, wristwatches, a petty cash tin, a cash register tray, six remote control gate operators, and four car keys from the office (total value $5,697) (CC2020/606: aggravated burglary, CC20/731: theft).

104. At about 10:50 PM, the offenders left the premises and drove away in the red Hyundai.

Series 19—28 December 2019 with unidentified co-offender

105.  At about 1:26 PM on 28 December 2019, the offender and an unidentified male co- offender jumped over a back fence and entered the backyard of a property in Wright. The offender used a red mental screwdriver and attempted to pry open the back door of the house. The offenders pushed against the back door, trying to gain access to the house, and damaged the door (repair cost $533) (CC2020/8328: attempted aggravated burglary).

106.  At the time, the owner was home and alerted the offenders via the audio system attached to his CCTV security system that they were being recorded and that police had been notified. The offenders jumped over the fence and ran away.

Series 20—1 January 2020 at Kingston

107.  At about 10:35 AM on 1 January 2020, QL was at a property in Red Hill, loading bags into his car (which was parked in the driveway). As QL left the car and went back inside the house, he noticed a Toyota Corolla vehicle parked at the end of the driveway. QL saw a male approach his car and take a backpack containing numerous personal items (including a wallet containing a Westpac MasterCard) from the front seat of the car. The unidentified male then went back to the Corolla vehicle and sped away.

108.  At about 10:47 AM, the offender went to the BP service station in Kingston and bought items using the stolen Westpac MasterCard (value $94) (CC2020/6452: obtain property by deception). At about 10:53 AM, he attempted a second transaction using the stolen card at the BWS Liquor Store in Kingston. However, by that stage, the card had been deactivated.

109.  In sentencing the offender for the last offence of obtaining property by deception, the Court is asked to take into account the following three additional offences.

Additional offences

110.  At about 12:58 AM on 2 January 2020, the offender drove the Corolla hatchback to the car park of Farrer Differential and Mechanical Services in Farrer. The number plate affixed to the vehicle did not belong to the vehicle, having been stolen several days earlier from a vehicle in Turner (CC2020/4555: possess false number plates).

1. The offender parked next to a blue Toyota vehicle. He shone a light through the driver’s

   side window and the front windscreen. He then used a sharp instrument to apply

   pressure to the driver’s side window, forcing it to break and shattering glass over the

   driver’s side interior (repair cost $484). The offender rummaged inside the car and

   opened the boot before leaving a few minutes later, having found nothing of value (CC2020/4553: damage property (minor); CC2020/4554: drive while disqualified (repeat offender)).

Second arrest

112.  At about 4:30 PM on 3 January 2020, police went to a house in Farrer. When they arrived, the offender escaped over the back fence. After a short foot pursuit, he was apprehended.

Objective seriousness

113.  Having regard to the maximum available penalty, the most serious offences before the Court are the offences of aggravated burglary. Factors which may render such offences of greater or lesser seriousness, most of which are also relevant to a consideration of the offence of burglary, include the following.

(a)	The time at which the offence was committed and whether it was likely that members of the public would witness it. Many of the subject offences were committed in the early hours of the morning at commercial premises, when it was unlikely that they would be witnessed by anyone. However, some offences were committed at residential premises at times when the occupant was, or was likely to have been, at home.
(b)	For offences of aggravated burglary, whether only one or both circumstances of aggravation were present (in company and in possession of an offensive weapon) and, if the offender was in company, the number of co-offenders with whom he was in company. In relation to the subject aggravated burglaries, only one circumstance of aggravation was present (in company). The number of co- offenders varied. The role played by the offender is an important consideration; in the subject offences, the offender played an active and central role.
(c)	Whether the offence occurred at commercial or residential premises. Generally, the invasion of residential property is more serious as involves an invasion of the sanctity of the home. A related consideration is whether the entry was to a garage or the residential house.
(d)	The means of entry. Entry via a partially open door is less objectively serious than forced entry, particularly if the force causes damage. In the case of Series 7, there was entry to a garage, but it was forced entry and it caused considerable damage.
(e)	The degree of planning. Most of the offences involved minimal planning, but those involving the use of previously stolen garage remote devices to access premises and the use of implements to gain entry involved a greater degree of planning. In the case of one offence, the offender was in possession of a torch.
(f)	Whether the victim was vulnerable. In relation to Series 7, the victim was

vulnerable (although not to the offender’s knowledge).

(g) Whether any force, threat or gratuitous conduct was associated with the offence.

114.  In relation to the offences of driving or riding in a vehicle without consent, factors informing the seriousness of an offence include the following.

(a)	Whether the offender drove or rode in the vehicle. In relation to most offences, the offender was the driver.
(b)	The duration of the driving or riding. Generally, there is evidence of driving or riding for a brief period only.
(c)	The nature of the driving. In relation to most (but not all) offences, there is no evidence of dangerous or reckless driving. In Series 13, the offender was driving a vehicle that was involved in an accident.

115.  In relation to the offences of damage property and theft, factors relevant to an assessment of the objective seriousness of the offences include the following.

(a)	The motive for the damage or theft. In relation to the offences before the Court, the motive was not malicious, but to facilitate theft. The purpose of the thefts is unclear as, generally, property of little value was taken. However, the purpose of stealing car keys, garage remote devices, and bankcard or credit cards is apparent. I infer that thrill-seeking played a part in some offending.
(b)	The extent and value of the damage or the property taken. In the case of most of the subject offences, the damage was limited, and the cost of repair was low. Similarly, the value of items that were stolen was low.
(c)	In relation to the offences of theft, an additional consideration is whether the stolen item was of sentimental value. Except in relation to one offence, there is no evidence of sentimental value.

116.  In relation to the offences of dishonestly obtaining property by deception, factors relevant to an assessment of the objective seriousness of the offences include the following.

(a)	The degree of planning and sophistication associated with the offence. Most of the offences before the Court were largely opportunistic.
(b)	The value of the property obtained. For the matters before the Court, the value was generally low.
(c)	Some offences comprise “rolled up” charges, i.e. capture more than one

transaction.

Subjective features

117.  The offender is 25 years old. At the time of the offences, he was 23 and 24 years old. He is Indigenous.

118. He has a lengthy criminal history for committing similar offences in NSW and the ACT.

119.  In NSW, in May 2013, he was first sentenced to imprisonment as an adult; for driving while disqualified and larceny, he received a 12-month sentence commencing in August 2013, with a three-month nonparole period. For dishonesty and escape

offences committed in 2014, he received an effective sentence of 12 months’

imprisonment, with a six-month nonparole period expiring in November 2014. In 2015, for contravening a domestic violence order, the Wagga Wagga Local Court sentenced

him to eight months’ imprisonment with a five-month nonparole period expiring in

November 2015. In 2017, for offences of driving a vehicle taken without consent and driving while disqualified in 2017, the Queanbeyan Local Court sentenced him to imprisonment for an effective period of 13 months, with an eight-month nonparole period expiring in September 2017. For similar offences committed in 2016, the Young Local Court imposed concurrent sentences of imprisonment.

120.  In the ACT, in September 2016, the offender was sentenced to one months’

imprisonment for offences of assault, damage property, and choking.

121.   At the time of the Series 1–9 offences, the offender was subject to a six-month intensive

correction order that had been imposed by Magistrate Boss on 14 November 2018 for similar offences committed in February and November 2018. At the time of those offences, he was subject to a good behaviour order relating to similar offences.

Magistrate Boss sentenced the offender to four months’ imprisonment and a six-month

intensive correction order (from 14 November 2018 to 13 May 2019).

122.  In October 2019, Magistrate Taylor imposed sentences of full-time imprisonment for

offences that coincided temporally with the Series 1–9 offences. Her Honour also

imposed a 12-month good behaviour order.

123.  As noted above, after sentence, the offender was granted bail on the Series 1–9

charges to attend the Wayback rehabilitation program, but he left the program and

committed the Series 10–20 offences while on bail and on the good behaviour order

(i.e. subject to conditional liberty).

124.   The offender has outstanding warrants in NSW for similar offences allegedly committed

between 24 November 2019 and 2 January 2020 (the period of the Series 1–9

offences).

125.   Since entering custody on 4 January 2020, the offender has been subject to disciplinary action for contravening directions of custodial staff and being in a prohibited area.

126.  The offender was born in Cootamundra, NSW. When he was two or three years old, his parents separated. Thereafter, he lived with his mother. He is the second of seven

siblings, some of whom are half siblings from his father’s subsequent relationship.

127.  The offender reported to Dr Clout, a psychologist, that, during his childhood, he had experienced low to moderate levels of physical neglect, moderate to severe levels of emotional neglect, and severe to extremely severe levels of emotional and physical abuse.

128.  The offender completed Year 7 but displayed behavioural issues during his schooling.

The offender’s mother told Dr Clout that the offender had been diagnosed with

attention-deficiency hyperactivity disorder (ADHD) when he was about nine years old.

129.   After leaving school, the offender was employed sporadically by his father, but was last employed two and a half years ago.

130.  The offender has two children with an ex-partner. His daughters were born when the offender was 16 and 17 years old. The children reside in NSW with their mother. He has continued contact and wishes to enhance his relationship with them.

131.  The offender has been with his current partner for two and a half years. Upon release, he intends to undertake a residential rehabilitation program and then reside with her. Other than his partner, he has no pro-social relationships.

132.  The offender commenced drinking alcohol at age 13, but from age 16, his drugs of choice were amphetamine and methamphetamine. Prior to entering custody on 4 January 2020, he was using heroin, alcohol, benzodiazepines, and methamphetamine.

The offender told Dr Clout that, when he used “ice”, he experienced psychotic

symptoms.

133.  In 2015, he was placed on the methadone program in the Alexander Maconochie Centre. Later, he reduced his dose. As at 18 November 2020, he was receiving Buvidal treatment every 21 days.

134.  Dr Clout assessed his drug use as of “substantial severity” requiring intensive

intervention and (preferably) inpatient treatment.

135.  The offender said that the Wayback program lacked sufficient structure to meet his needs. He has a placement with Oolong House Rehabilitation Centre in NSW, provided that he is not receiving pharmacotherapy treatment.

136.  The offender told the author of the pre-sentence report that he had sustained a head injury in a car accident, and he suffers severe headaches, oversleeps, and has some memory loss.

137.  The offender does not remember the offences. He attributed the offences to poor decision-making, engagement with anti-social peers, and drug use. He acknowledged that he needed intensive support to address these problems.

138.  Dr Clout found that the offender had a full-scale IQ of 70, i.e. has borderline intellectual impairment. His verbal comprehension is profoundly impaired. She said that the offender has symptoms consistent with ADHD, generalised anxiety disorder, and stimulant use disorder.

139.  In relation to the offences, the offender expressed remorse and regret to Dr Clout, acknowledging the impact of his conduct on the victims.

140. At [45]–[46], Dr Clout reported:

Mr Elphick’s description of his mental health at the time of the offending in December 2018

and January 2019 suggests a complex clinical picture, associated with severe impairments in functioning. His description of symptoms consistent with ADHD and Stimulant Use Disorder are indicative of disorders in the severe range, and he reported significant psychotic symptoms as a result of heavy drug use. The symptoms Mr Elphick is experiencing are associated with significant impairments in in cognitive processes, with ADHD causing deficits in executive functioning skills such as judgement, decision making, rationality, and intention. His ability to control his behaviour and impulses is also likely to be significantly impaired by his ADHD symptomatology. In addition, Mr Elphick presents with low cognitive ability and impaired reasoning skills, which will exacerbate the impact of ADHD symptomatology on his executive functioning and mental capacity.

Adults with untreated and unmedicated ADHD are also at a significant risk of substance use

disorders, and reckless and destructive behaviours. It’s likely his ADHD has contributed to

the severity of his substance use disorder, which subsequently worsens the impairments experienced by Mr Elphick. He expresses some insight into the role of drug use in exacerbating his impulsivity and behavioural dysregulation. Overall, the impairments experienced by Mr Elphick are likely to have significantly contributed to his offended [sic] behaviour.

141.  The offender’s partner stated that, prior to the offences, she had seen a negative

change. She described the offender as “caring, generous, and kind-hearted”. However, she considered that the offender’s sympathetic nature caused him to be

easily misled by anti-social peers. He lacked a support network.

142.  She stated that there had been a recent positive change in the offender’s attitude. He

had acknowledged that he had an addiction, for which he needed help. She said that,

if he resided with her in NSW, he could achieve “a fresh start and stability in his life”.

1. The offender’s mother agreed that the offender had a chronic addiction to “ice” and was

   easily misled. She said that, with proper support, counselling, and rehabilitation, he

   would appreciate that “there is so much more to life.”

144.  I accept the submissions made on behalf of the offender that, while drug use does not usually mitigate moral culpability, because the offender was introduced to drugs at an impressionable age and because of the complexity of his dual diagnosis, to some extent, his drug addiction can be considered in mitigation. The offender experienced a deprived background and profound childhood disadvantage, which remains relevant when sentencing him as an adult. Plainly, his pattern of offending is long-standing, and has developed and long co-existed beside his drug addiction and complex mental health and cognitive problems. It is difficult, if not impossible, to disentangle his drug addiction from his mental health and cognitive problems.

145.  I accept that the offender’s complex mental health and cognitive problems (which are

interlinked with his drug addiction) significantly lessen his moral culpability for the offences, as they mean that he has great difficulty in resisting impulsivity and exercising judgment and reason.

Other sentencing considerations

Co-offenders

146. Charges against the co-offender in Series 6 were discontinued.

147.  Rodney McGrory, the co-offender in Series 10, 11 and 13, was sentenced to a total

period of 26 months’ imprisonment, with a nonparole period of 10 months: The Police

v McGrory (ACT Magistrates Court, Magistrate Lawton, 21 May 2020). At the time of the offences, he was 28 years old. He was an Aboriginal man who had suffered from significant childhood disadvantage. For each offence of aggravated burglary, he

received a sentence of 18 months’ imprisonment. For each other offence, he received a sentence of three months’ imprisonment. Each sentence reflected a 25 per cent

discount for a plea of guilty. In relation to each incident, the sentences were made concurrent. The sentences for the aggravated burglaries were accumulated by six months. McGrory had a significant criminal history for offences of dishonesty and had previously served sentences of full-time imprisonment, but his criminal history and history of imprisonment were not as serious as that of the offender.

148. Charges remain outstanding against the co-offenders in Series 14 and 15.

149. The co-offender in Series 15, 16 and 17 will be sentenced in April 2021.

150. The co-offender in Series 18 has been charged and is in immigration detention.

Sentencing purposes

151.  The offender’s mental health and cognitive problems mean that he is a poor vehicle for

a message of general deterrence. However, accountability, personal deterrence, the need to protect the community, and the need to recognise the harm to the victims remain important sentencing purposes.

152.  The author of the pre-sentence report assessed the offender as at high risk of general re-offending. There is limited cause for optimism about his prospects of rehabilitation. However, he is gaining maturity, he is in a supportive relationship, and he has some insight into the causes of his criminality. His sentence will be significant, and it is not possible to predict whether and when he may be sufficiently rehabilitated that he should be released into the community. That decision is best left to the parole authority. Consequently, I will set a relatively short nonparole period.

Comparable cases and statistics

153. The parties did not direct me to any comparable case.

154.  The limitations of sentencing statistics are well-known. However, for what they are worth, sentencing statistics show that, in relation to sentences imposed by the Supreme Court, when the penalty that is imposed is imprisonment:

(a) the offence of aggravated burglary usually results in a sentence of between 18

months’ and three years and six months’ imprisonment;

(b)	the offence of burglary usually results in a sentence of between 12 months’ and three years and six months’ imprisonment;
(c)	the offence of taking a motor vehicle without consent usually results in a

sentence of six to 12 months’ imprisonment;

(d) the offence of obtaining property by deception usually results in a sentence of

six to 12 months’ imprisonment;

(e) the offence of theft usually results in a sentence of six to 18 months’

imprisonment;

(f) the offence of minor property damage is usually punished by sentence of six

months’ imprisonment;

(g) the offence of minor theft usually results in a sentence of six months’

imprisonment; and

(h) the offence of drive while disqualified usually results in a sentence of six months’

imprisonment.

Sentence

155.  I convict the offender and impose the sentences set out in the table in Annexure A. In relation to each sentence, I have allowed a discount of approximately 25 per cent.

1. The total sentence is seven years and seven months’ imprisonment, from 17 December

   2019 to 16 July 2027.

157.  I fix a nonparole period of four years’ imprisonment from 17 December 2019 to 16

December 2023.

Reparation

158. In relation to property damage and theft, there are numerous claims for reparation under ss 19 and/or 20 of the Crimes (Sentencing) Act 2005 (ACT). Having regard to

the offender’s lack of means and the fact that he is subject to a significant term of full-

time imprisonment, it would be pointless to make any reparation order and, in the
exercise of my discretion, I decline to do so.

Disqualification

159. Pursuant to s 32(5) of the Road Transport (Driver Licensing) Act 1999 (ACT), each conviction for drive while disqualified means that the offender is disqualified from holding or obtaining a driver licence for a period of 24 months by operation of the statute (rather than court order): Beath v McCurley [2018] ACTCA 48; 339 FLR 165.

160. The offender relied on s 69 of the Road Transport (General) Act 1999 (ACT) to argue that a court may order that the periods of disqualification are concurrent rather than cumulative. However, in Smith v Stivala [2018] ACTSC 309; 341 FLR 359, Burns J found that, unless a disqualification operated by virtue of a court order (as opposed to statutory operation), a court had no such discretion.

161.  The only way in which this operation could be ameliorated is if the Court exercised its discretion to order periods of disqualification that were longer than 24 months and then made them partly concurrent. However, given the legislative intention to impose mandatory cumulative disqualification periods, it would not be appropriate to do so.

162. The offender is disqualified for a total of 24 years.

Breach of good behaviour order

163.  In relation to the good behaviour order imposed by Magistrate Taylor, I will take no further action.

I certify that the preceding one hundred and sixty-three [163] numbered paragraphs are a true copy of the Reasons for Sentence of her Honour Chief Justice Murrell.

Associate:

Date:

Annexure A

Series 1

CC2020/8407	Minor damage property (car window)	3 months’ imprisonment,
from 17 December 2019 to
16 March 2020
CC2020/8408	Minor theft (iPod nano, mobile phone, and	3 months’ imprisonment,
bank cards)	from 17 December 2019 to
16 March 2020
CC2019/7820	Obtain property by deception (McDonald’s	4 months’ imprisonment,
food using stolen bank card)	from 17 December 2019 to
16 April 2020
CC2019/7821	Obtain property by deception (prepaid card	4 months’ imprisonment,
and cigarettes using stolen bank card)	from 17 December 2019 to
16 April 2020
CC2020/8406	Drive motor vehicle without consent (black	9 months’ imprisonment,
Honda Accord)	from 17 January 2020 to
16 October 2020
CC2019/7822	Drive while disqualified (repeat offender)	6 months’ imprisonment,
from 17 January 2020 to
16 July 2020
Series 2
CC2019/7823	Aggravated burglary (in company, Rolfe car	18 months’ imprisonment,
dealership)	from 17 May 2020 to 16
November 2021
CC2020/8409	Minor theft (keys to Mitsubishi Eclipse Cross	3 months’ imprisonment,
and number plate)	from 17 May 2020 to 16
August 2020
CC2019/7825	Drive motor vehicle without consent (white	9 months’ imprisonment,
Nissan)	from 17 April 2020 to 16
January 2021
CC2019/7826	Drive while disqualified (repeat offender)	6 months’ imprisonment,
from 17 April 2020 to 16
October 2020
Series 3

CC2019/7831 Possess false number plates (on grey 2 months’ imprisonment,

Hyundai)	from 17 September 2020
to 16 November 2020

CC2019/7829 Aggravated burglary (enter garage in 12 months’ imprisonment,

company)	from 17 September 2020
to 16 September 2021

CC2020/8410 Minor theft (various items from garage, 3 months’ imprisonment,

totalling $770)	from 17 September 2020
to 16 December 2020

CC2019/7827	Drive motor vehicle without consent (grey	9 months’ imprisonment,
Hyundai)	from 17 August 2020 to 16
May 2021
CC2019/7828	Drive while disqualified (repeat offender)	6 months’ imprisonment,
from 17 August 2020 to 16
February 2021
Series 4
CC2019/7834	Aggravated burglary (in company, Autoco)	18 months’ imprisonment,
from 17 January 2021 to
16 July 2022
CC2020/8411	Minor theft (keys)	3 months’ imprisonment,
from 17 January 2021 to
16 April 2021
CC2019/7833	Drive while disqualified (repeat offender)	6 months’ imprisonment,
from 17 December 2020 to
16 June 2021
CC2019/7836	Take motor vehicle without consent (blue	9 months’ imprisonment,
Suzuki Swift)	from 17 December 2020 to
16 September 2021
Series 5
CC2019/7838	Ride in motor vehicle without consent (blue	9 months’ imprisonment,
Suzuki Swift)	from 17 April 2021 to 16
January 2022
CC2019/7839	Aggravated burglary (in company, secure	18 months’ imprisonment,
underground carpark at Azure Apartments,	from 17 May 2021 to 16
Kingston)	November 2022
CC2020/8412	Minor damage property (window of white	3 months’ imprisonment,
Nissan)	from 17 May 2021 to 16
August 2021
CC2020/8413	Minor theft (sunglasses and backpack)	3 months’ imprisonment,
from 17 May 2021 to 16
August 2021
CC2019/7842	Take motor vehicle without consent (Toyota	9 months’ imprisonment,
Camry)	from 17 April 2021 to 16
January 2022
CC2019/7843	Drive while disqualified (repeat offender)	6 months’ imprisonment,
from 17 April 2021 to 16
October 2021
CC2019/7844	Obtain property by deception (items from	4 months’ imprisonment,
service station worth $147.70, using bank	from 17 May 2021 to 16
card of Toyota owner)	September 2021
Series 6
CC2019/7848	Ride in motor vehicle without consent (stolen	6 months’ imprisonment,
white Volkswagen driven by co-offender)	from 17 July 2021 to 16
January 2022
Series 7
CC2019/7845	Burglary (forced entry to garage and entering	18 months’ imprisonment,
house in Narrabundah)	from 17 November 2021 to
16 May 2023
CC2019/7847	Take motor vehicle without consent (Toyota	12 months’ imprisonment,
Camry)	from 17 October 2021 to
16 October 2022
CC2020/8414	Minor theft (car keys, purse containing $150,	4 months’ imprisonment,
iPad)	from 17 November 2021 to
16 March 2022
Series 8
CC2019/7849	Drive motor vehicle without consent (white	9 months’ imprisonment,
Volkswagen in Series 6)	from 17 February 2022 to
16 November 2022
CC2019/7850	Drive while disqualified (repeat offender)	6 months’ imprisonment,
from 17 February 2022 to
16 August 2022

CC2020/8415 Minor theft (wheel taken from another 3 months’ imprisonment,

Volkswagen and placed on stolen vehicle)	from 17 February 2022 to
16 May 2022

Series 9

CC2019/7852 Ride in motor vehicle without consent 6 months’ imprisonment,

(Subaru Forrester)	from 17 May 2022 to 16
November 2022

CC2019/7853	Aggravated burglary (in company, forced	18 months’ imprisonment,
entry into Braddon Automart)	from 17 June 2022 to 16
December 2023
Series 10
CC2020/1403	Aggravated burglary (underground carpark	18 months’ imprisonment,
in Crace)	from 17 December 2022 to
16 June 2024
CC2020/8417	Minor damage property (window of blue	3 months’ imprisonment,
Holden)	from 17 December 2022 to
16 March 2023
CC2020/8418	Minor theft (iPod)	3 months’ imprisonment,
from 17 December 2022 to
16 March 2023

CC2020/8420 Minor theft (sunglasses from unlocked 3 months’ imprisonment,

vehicle)	from 17 December 2022 to
16 March 2023

CC2020/8416	Minor theft (number plates from Suzuki Swift)	3 months’ imprisonment,
from 17 December 2022 to
16 March 2023
CC2020/8423	Minor damage property (window of Isuzu)	3 months’ imprisonment,
from 17 December 2022 to
16 March 2023
CC2020/8424	Minor theft (drill set and hit gun)	3 months’ imprisonment,
from 17 December 2022 to
16 March 2023
Series 11
CC2020/1410	Aggravated burglary (in company, secure	18 months’ imprisonment,
underground carpark of Mantra Hotel)	from 17 April 2023 to 16
October 2024
CC2020/8426	Minor damage property (window of Toyota	3 months’ imprisonment,
Hilux)	from 17 April 2023 to 16
July 2023
CC2020/8428	Minor theft (wallet containing bank card and	3 months’ imprisonment,
backpack with clothing)	from 17 April 2023 to 16
July 2023
CC2020/8429	Minor damage property (window of Chrysler)	3 months’ imprisonment,
from 17 April 2023 to 16
July 2023
CC2020/8430	Minor theft (mobile phone)	3 months’ imprisonment,
from 17 April 2023 to 16
July 2023
CC2020/8431	Minor theft (laptop)	3 months’ imprisonment,
from 17 April 2023 to 16
July 2023
CC2020/8432	Minor damage property (window of black	3 months’ imprisonment,
Mercedes)	from 17 April 2023 to 16
July 2023
Series 12
CC2020/1417	Drive motor vehicle without consent (blue	9 months’ imprisonment,
Mercedes stolen from Chapman)	from 17 August 2023 to 16
May 2024
CC2020/1418	Drive while disqualified (repeat offender)	6 months’ imprisonment,
from 17 August 2023 to 16
February 2024
CC2020/1419	Possess false numberplates (stolen from	2 months’ imprisonment,
Crace the previous night)	from 17 August 2023 to 16
October 2023

CC2020/8433 Obtain property by deception (stolen 6 months’ imprisonment,

bankcard used for various transactions)	from 17 August 2023 to 16
February 2024

Series 13

CC2020/1422	Drive motor vehicle without consent (with	9 months’ imprisonment,
McGrory, white Commodore stolen from	from 17 November 2023 to
Queanbeyan six days earlier)	16 August 2024
CC2020/1423	Drive while disqualified (repeat offender)	7 months’ imprisonment,
from 17 November 2023 to
16 June 2024
CC2020/1424	Possess false number plates (stolen)	2 months’ imprisonment,
from 17 November 2023 to
16 January 2024
Series 14
CC2020/8300	Minor damage property (window of Land	3 months’ imprisonment,
Cruiser)	from 17 March 2024 to 16
June 2024
CC2020/593	Theft (wallet containing debit and credit	12 months’ imprisonment,
cards, jewellery and $5,000 in cash)	from 17 March 2024, to 16
March 2025
CC2020/588	Drive motor vehicle without consent (silver	9 months’ imprisonment,
Mazda utility vehicle stolen earlier that day)	from 17 February 2024 to
16 November 2024
CC2020/589	Drive while disqualified (repeat offender)	6 months’ imprisonment,
from 17 February 2024 to
16 August 2024
CC2020/594	Obtain property by deception (stolen credit	4 months’ imprisonment,
card used to purchase snacks)	from 17 March 2024 to 16
July 2024
Series 15
CC2020/7360	Possess false number plates (on black BMW	2 months’ imprisonment,
stolen from Lennock Motors on 24	from 17 July 2024 to 16
December)	September 2024
CC2020/598	Obtain property by deception (food, drinks	6 months’ imprisonment,
and prepaid cards using stolen credit card)	from 17 July 2024 to 16
January 2025
CC2020/7361	Aggravated burglary (in company, The Pier	18 months’ imprisonment,
at Kingston)	from 17 July 2024 to 16
January 2026
CC2020/596	Drive motor vehicle without consent (black	9 months’ imprisonment,
BMW)	from 17 June 2024 to 16
March 2025
CC2020/597	Drive while disqualified (repeat offender)	6 months’ imprisonment,
from 17 June 2024 to 16
December 2024
Series 16
CC2020/3792	Possess false number plates (stolen plates	2 months’ imprisonment,
still affixed to black BMW)	from 17 November 2024 to
16 January 2025
CC2020/3793	Aggravated burglary (in company, entered	18 months’ imprisonment,
secure underground carpark of The	from 17 November 2024 to
Dockside using stolen remote device)	16 May 2026
CC2020/9048	Minor damage property (window of Jeep	3 months’ imprisonment,
Cherokee)	from 17 November 2024 to
16 February 2025
CC2020/9049	Minor theft (sunglasses)	3 months’ imprisonment,
from 17 November 2024 to
16 February 2025
CC2020/9050	Minor damage property (window of white	3 months’ imprisonment,
Audi)	from 17 November 2024 to
16 February 2025
CC2020/9051	Minor theft (garage remote device and keys)	3 months’ imprisonment,
from 17 November 2024 to
16 February 2025
CC2020/9052	Minor damage property (window of blue	3 months’ imprisonment,
Mitsubishi)	from 17 November 2024 to
16 February 2025
CC2020/3802	Damage property (two windows of grey	6 months’ imprisonment,
Volkswagen)	from 17 November 2024 to
16 May 2025
CC2020/9053	Minor theft (coins totalling about $210.50)	3 months’ imprisonment,
from 17 November 2024 to
16 February 2025
CC2020/9054	Minor damage property (window of grey	3 months’ imprisonment,
Toyota)	from 17 November 2024 to
16 February 2025
CC2020/9055	Minor damage property (windows of grey	3 months’ imprisonment,
Honda)	from 17 November 2024 to
16 February 2025
CC2020/9056	Minor theft (AirPods, purses and sunglasses)	3 months’ imprisonment,
from 17 November 2024 to
16 February 2025
CC2020/9057	Minor theft (USB cable, charging port and	3 months’ imprisonment,
other items)	from 17 November 2024 to
16 February 2025
CC2020/9058	Minor damage property (window of white	3 months’ imprisonment,
Mazda)	from 17 November 2024 to
16 February 2025
CC2020/9059	Minor damage property (window of black	3 months’ imprisonment,
Audi)	from 17 November 2024 to
16 February 2025
CC2020/9060	Minor theft (sunglasses)	3 months’ imprisonment,
from 17 November 2024 to
16 February 2025
CC2020/3811	Damage property (window of black Porsche)	6 months’ imprisonment,
from 17 November 2024 to
16 May 2025
CC2020/9062	Minor theft (keys and garage remote device)	3 months’ imprisonment,
from 17 November 2024 to
16 February 2025
CC2020/3813	Damage property (windows of green Toyota)	9 months’ imprisonment,
from 17 November 2024 to
16 August 2025
CC2020/9063	Minor theft (items from Toyota)	3 months’ imprisonment,
from 17 November 2024 to
16 February 2025
CC2020/9066	Minor theft (items from Toyota)	3 months’ imprisonment,
from 17 November 2024 to
16 February 2025
CC2020/3816	Obtain property by deception	6 months’ imprisonment,
from 17 November 2024 to
16 May 2025
CC2020/3790	Drive while disqualified (repeat offender)	6 months’ imprisonment,
from 17 October 2024 to
16 April 2025
CC2020/3791	Drive motor vehicle without consent (black	9 months’ imprisonment,
BMW)	from 17 October 2024 to
16 July 2025

CC2020/3817 Negligent driving (enter road with no Fine of $500

headlights and without hands on steering

wheel)

Series 17

CC2020/600	Trespass (enter premises of Carways)	Fine of $500
CC2020/8301	Minor damage property (window of car	3 months’ imprisonment,
hauler truck)	from 17 May 2025 to 16
August 2025
CC2020/604	Take motor vehicle without consent (red	12 months’ imprisonment,
Hyundai)	from 17 May 2025 to 16
May 2026
CC2020/8302	Take motor vehicle without consent (white	12 months’ imprisonment,
Isuzu)	from 17 May 2025 to 16
May 2026
CC2020/603	Drive while disqualified (repeat offender)	6 months’ imprisonment,
from 17 May 2025 to 16
November 2025
Series 18
CC2020/606	Aggravated burglary (in company, enter	18 months’ imprisonment,
office premises of Canberra Toyota)	from 17 September 2025
to 16 March 2027
CC2020/731	Theft (safe, $783.40 in cash, wristwatches,	14 months’ imprisonment,
remote control gate operators, car keys)	from 17 September 2025
to 16 November 2026
Series 19
CC2020/8328	Attempted aggravated burglary (in company,	18 months’ imprisonment,
residential premises in Wright)	from 17 January 2026 to
16 July 2027
Series 20
CC2020/6452	Obtain property by deception (use credit card	6 months’ imprisonment,
stolen from vehicle in Red Hill)	from 17 January 2026 to
(Taking into account three additional	16 July 2027
offences)