R v Fuller

[2018] VCC 1938

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

AT MELBOURNE

CRIMINAL DIVISION

Case No. CR-17-01284
Indictment No. H10647598

THE DIRECTOR OF PUBLIC PROSECUTIONS

v

JOSHUA FULLER

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JUDGE:	HIS HONOUR JUDGE TRAPNELL
WHERE HELD:	Melbourne
DATE OF HEARING:	5 October 2017
DATE OF SENTENCE:	21 December 2017
CASE MAY BE CITED AS:	R v  Fuller
MEDIUM NEUTRAL CITATION:	[2018] VCC 1938

REASONS FOR SENTENCE

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Subject:   CRIMINAL LAW – SENTENCE

Catchwords:  Armed robbery, theft (2 charges), burglary and related summary charges

Legislation Cited:                 Crimes Act 1958, Sentencing Act 1991
Sentence:

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APPEARANCES:	Counsel	Solicitors
For the Prosecution	Ms C Duckett	Mr J Cain, Solicitor for  Public Prosecutions
For the Accused	Ms H Bate	Dowsley & Associates

1       Joshua FULLER, you have pleaded guilty to an indictment containing five charges – one charge of armed robbery,[1] two charges of theft,[2] one charge of burglary[3] and one charge of possess a drug of dependence.[4] In addition you have agreed to have me deal with[5] and have pleaded guilty to eight related summary charges of possess ammunition without a licence,[6] commit an indictable offence whilst on bail,[7] contravene conduct condition of bail,[8] dealing with property suspected of being proceeds of crime (2 charges),[9] possess controlled weapon (2 charges)[10] and non-prohibited person possess imitation firearm.[11]

[1] Contrary to s 75A(1) Crimes Act 1958

[2] Contrary to s 74(1) Crimes Act 1958

[3] Contrary to s 76 Crimes Act 1958

[4] Contrary to s 73 Drugs, Poisons and Controlled Substances Act 1981

[5] Pursuant to ss 145 and 242 Criminal Procedure Act 2009

[6] Contrary to s 124(1) Firearms Act 1996

[7] Contrary to s 30B Bail Act 1977

[8] Contrary to s 30A Bail Act 1977

[9] Contrary to s 195 Crimes Act 1958

[10] Contrary to s 6(1) Control of Weapons Act 1990

[11] Contrary to s 5AB(1) Control of Weapons Act 1990

2       The maximum penalty for armed robbery is 25 years’ imprisonment.[12] The maximum penalties for theft and burglary are 10 years’ imprisonment.[13] The maximum penalty for possess a drug of dependence, where, as here, I am satisfied that the offence was not committed by you for any purpose relating to trafficking, is 30 penalty units[14] or 1 year’s imprisonment.[15] The maximum penalty for possess ammunition without a licence is 40 penalty units.[16] The maximum penalty for commit an indictable offence whilst on bail is 30 penalty units or 3 months’ imprisonment.[17] The maximum penalty for contravene conduct condition of bail is 30 penalty units or 3 months’ imprisonment.[18] The maximum penalty for dealing with property suspected of being proceeds of crime is 2 years’ imprisonment.[19] The maximum penalty for possess a controlled weapon is 120 penalty units or 1 year’s imprisonment[20] and the maximum penalty for non-prohibited person possess imitation firearm is 240 penalty units or 2 years’ imprisonment.[21]

[12] Pursuant to s 77(1) Crimes Act 1958

[13] Pursuant to ss 74(1) and 76(3) Crimes Act 1958

[14]A “penalty unit” at the relevant time was $155.46. See Victorian Government Gazette 15 dated 14 April 2016

[15] Pursuant to s 73(1)(b) Drugs Poisons and Controlled Substances Act 1981

[16]      Pursuant to s 124(1) Firearms Act 1996

[17] Pursuant to s 30B Bail Act 1977

[18] Pursuant to s 30A Bail Act 1977

[19] Pursuant to s 195 Crimes Act 1958

[20] Pursuant to s 6(1) Control of Weapons Act 1990

[21] Pursuant to s 5AB(1) Control of Weapons Act 1990

3       The prosecution filed a crown opening on plea dated 26 September 2017,[22] which I am told by your counsel I can treat as a statement of agreed facts.

The facts

[22]Exhibit P1

4       At 8.13 pm on 14 February 2017, a white Ford Falcon XR6 sedan entered the car park of the Tortice Drive Convenience Store in North Ringwood. The owner of the store, Shuping Wang saw you and another man exit the vehicle and approach the store.

5       You were wearing a dark coloured hooded top, black sunglasses and a white glove on your right hand. You were brandishing a dark coloured tomahawk. Your co-offender Nicholas James Nolan was wearing a black bandana to partially cover his face and a black and tan coloured glove on his right hand.

6       On seeing you and Nolan approaching the store, Ms Wang fled and locked herself in the rear store room. Unknown to you, Ms Wang’s two children aged 10 and 13 years were also in that room. Whilst still holding the tomahawk, you jumped across the serving counter and stole approximately $800 cash from the register and five packets of cigarettes. After stealing the money and cigarettes you and Nolan left the scene (Charge 1 - armed robbery). The tomahawk, which is shown in photographs contained within the depositions[23] is a fearsome looking weapon.

[23]      Exhibit P3

7       A nearby witness heard Ms Wang screaming and went to investigate. He saw you and Nolan get into a white Ford sedan. The witness obtained a partial registration number as the vehicle fled the scene.

8       Police attended, and in the course of their examination of the scene, they obtained DNA and fingerprint evidence from the serving counter area and from the front door entrance. The incident was captured by CCTV cameras inside the store. I have viewed a DVD of the CCTV footage[24] and it is clear that this would have been a terrifying incident for anyone present.

[24]Exhibit P2

9       At approximately 1.57 am on 15 February 2017, police were patrolling in the Bayswater area. You were observed driving a white Ford Falcon XR6 sedan bearing registration plates 1HW-4UQ. Mobile checks conducted by the police established the registration plates attached to this vehicle had been removed from a vehicle reported as stolen on 25 November 2016.

10      Police followed the Ford into the Bayswater Hotel Car Park on Mountain Highway, Bayswater. As the vehicle approached the car park exit it slowed and you left the vehicle and fled on foot into a nearby reserve dropping your mobile phone, which was seized by police.

11      The vehicle you were driving was seized, examined and found to be registered to your mother Deborah Fuller. The following items were located within the vehicle:

i.A large quantity of power tools and other items listed in the charge, suspected to be unlawfully obtained. (Summary charge 26 – dealing with property suspected of being proceeds of crime).

ii.An imitation firearm, found in a compartment on the driver’s side floor (Summary charge 27 – non-prohibited person possess imitation firearm).[25]

iii.Cartridge ammunition (Summary charge 8 – possess cartridge ammunition without a licence).[26]

iv.Gloves identified as being the same as those used in the armed robbery at the Tortice Drive Convenience Store.

v.Two tomahawks, one of which was believed to have been used in the course of the armed robbery at Tortice Drive.

vi.A packet of JPS cigarettes suspected of being stolen in the course of the armed robbery at Tortice Drive; and

vii.A strongbox containing documents in your name.

[25]      See photos 142, 143 and 165 Ex P3

[26]      See photos 182 and 183 Ex P3

12      At approximately 10.00 am on 16 February 2017, police attended at 2/8 Henry Street, Boronia. Whilst leaving the address, they observed a grey Kia Cerato hatch. Upon closer inspection, police observed that you were asleep in the front passenger seat of the vehicle.

13      Police conducted a welfare check and spoke to you. When asked to state your name, date of birth and address, you said you were Matthew Gillespie of 212 Mount Dandenong Road, Croydon South. Whilst police made attempts to identify you, you ran off.  Police then conducted a search of the vehicle and found the following:

i.$1,580 cash (Summary charge 16 – dealing with property suspected of being proceeds of crime).

ii.A black folding knife (Summary charge 17 – possess controlled weapon).[27]

[27]      See photo 285 Ex P3

14      These items were seized by police.

15      At approximately 11.00 am on 17 February 2017, police attended at the Golden Pebble Hotel in Wantirna South, as a result of receiving information that you had been sighted there. In the underground car park of the hotel, police located the grey Kia Cerato hatch which you had fled from on 16 February 2017. Subsequent checks of the vehicle established the Vehicle Identification Number and VicRoads records confirmed the vehicle’s correct registration number was 1GV-7DO; registered to Sophie Langmead. Further checks of police records established this vehicle had been reported stolen on 8 July 2016 (Charge 2 – theft).

16      On 1 March 2017, James Aitkin reported to police the theft of his 1997 silver Nissan wagon from his driveway in Tamar Street, Ringwood North between 1.00 am and 6.30 am on 1 March, 2017. The vehicle was valued at $25,000.

17      At approximately 12.40 am on 8 March 2017, police received information about a break in alarm sounding at the business premises Bourne Plumbing at 18-22 Canterbury Road in Heathmont. Patrolling police were in close proximity to the premises and attended at short time later.

18      Upon the arrival of police, your co-offender Jackson was arrested as he exited the rear of the premises. You and your co­-offender Hanson were found in the stolen Nissan wagon and you were arrested. (Charge 3 – burglary and Charge 4 - theft)

19      You were removed from the vehicle and a safety and evidence search was conducted on you. Police found a black handled folding knife (Summary charge 24 – possess controlled weapon) and a re-sealable plastic bag containing a small amount of heroin in your pocket (Charge 5 – possessing a drug of dependence).

20      It was established that your co-offender Jackson had used a jemmy bar to break in and enter the Bourne Plumbing Store. He had accessed the main office and stolen an Acer computer, which was found in the rear of the stolen vehicle. A substantial amount of other property was also located in the vehicle.

21      You were conveyed to the Croydon police station where you were interviewed and gave ‘no comment’ answers, as was your right. You declined to provide a DNA sample.

22      At the time of this offending you were on bail for offences of theft, handling stolen goods and possession of a controlled weapon having been bailed by police on 26 January 2017 to appear at the Melbourne Magistrates’ Court on the 16 June 2017 (Summary charge 9 – commit an indictable offence whilst on bail). It was a condition of your bail that you reside with your mother and father at an address in Montrose, but your mother confirms that you were not living there (Summary charge 11 – contravene conduct condition of bail). 

Victim Impact

23      No victim impact statement has been provided in this case. However, where no victim impact statement has been tendered, a sentencer may draw reasonable inferences regarding the impact of an offence upon the victim.  Moreover in this case, the Crown relied upon Ms Wang’s statement, given to police the day after the armed robbery, where she said: “I am very scared what has happened. I am on edge and I could not sleep last night. This is not good for my health.”  

Offence seriousness

24      Armed robbery is a very serious criminal offence carrying a maximum penalty of 25 years’ imprisonment, which is the highest fixed maximum penalty in the criminal calendar. Yours is a relatively serious example of the offence. It was planned and committed at night against a soft target maned by a lone female operator. You were disguised to some extent and armed with a very nasty looking weapon.[28] You removed cash, coins and cigarettes. While the amount of the money and goods stolen is not great, this was no doubt a terrifying experience for Ms Wang and her children, as is graphically demonstrated by viewing the CCTV footage of the incident.

[28]      Shown in photographs 186 and 192 of the depositions (Ex P3)

25      In company with Judge Davis, who sentenced your co-offender Nolan, I accept that other aggravating features common to armed robberies were not present in this offending; such as direct threats, physical confrontation or gratuitous violence.[29] Although, as her Honour observed: “this may simply have been a result of Ms Wang's speedy retreat into the back room.”[30] I also allow that the whole incident was probably over in about two minutes. In company with Judge Davis in Nolan’s case, I sentence you for armed robbery on the basis that this offence is of mid‑range seriousness when compared with other examples of armed robbery.[31]

[29]      DPP v Nolan [2017] VCC 1814 [32]

[30] Ibid

[31] Ibid

26      The fact this offence and the other offences were committed by you whilst you were on bail for theft, handling stolen goods and possession of a controlled weapon — entered into by you only 19 days before committing this offence — is a circumstance which increases the gravity of the offence.[32] It also brings into effect the provisions of ss 16(1A)(e) and 16(3C), so that the usual presumption of concurrency of sentences does not apply in your case. However, I must still have regard to the totality principle and avoid imposing double punishment on the summary charge of commit indictable offence whilst on bail.[33]

[32]      R v Basso (1999) 108 A Crim R 392

[33]Summary charge 9

27      The theft of motor vehicle charges are serious enough examples of that offence. The fact the 1997 Nissan wagon was stolen (charge 4) and used in the commission of the burglary (charge 3) increases the objective gravity of this offence. Theft of a motor vehicle is a prevalent offence and causes “wide- ranging personal and public detriment.”[34] Those who are affected by the crime suffer significant financial and personal detriment and the wider community is forced to pay higher insurance premiums because of the activities of car thieves. Car thefts also tie up scarce police resources.[35] Moreover, these offences were also committed whilst you were on bail.

[34]      R v Basso (1999) 108 A Crim R 392, 401 [38] (Chernov JA)

[35] Ibid

28      The burglary (charge 3) was a serious enough example of that offence. I allow that it was not committed on domestic premises, but it is also a prevalent offence, which causes much financial loss and disruption to the businesses that are affected. Again, this offence was also committed whilst you were on bail.

29      So far as the charge of possess drug of dependence is concerned (charge 5), I accept this offence was committed by you in respect of a quantity of heroin below the traffickable quantity[36] and that you possessed it for your own use. The sentence I impose on you for this offence will reflect these findings.

[36]The traffickable quantity is 3 grams under the Drugs Poisons and Controlled Substances Act 1981 s 70 and schedule 11, part 3

30      A number of the uplifted summary charges are very concerning, I particularly refer to the imitation firearm found on the driver’s side floor of the Ford Falcon XR6 sedan, which car was used by you in the commission of the armed robbery.[37] I accept that that imitation firearm, which, judging from the photographs I have viewed looks very real,[38] was not used in the armed robbery. Nonetheless, it is concerning that while in breach of your bail conditions on charges including possessing a controlled weapon, you possessed an imitation handgun so soon after having committed an armed robbery.

[37]      Summary charge 27 (non-prohibited person possess imitation firearm)

[38]      See photos 142, 143 and 165 Ex P3

31      The large quantity of power tools is also a serious enough example of dealing with property suspected of being proceeds of crime.[39] The theft of tools causes major disruption and significant financial loss to the tradespeople who rely on their tools to earn their livelihoods. Additionally, you were found with cash totalling $1,580;[40] a not inconsequential sum.

[39]      Summary charge 26

[40]      Summary charge 16 (dealing with property suspected of being proceeds of crime)

32      The cartridge ammunition consisted of ten jacketed .22 rounds and two shot gun cartridges.[41] This is concerning given your criminal history and the other offences with which you are charged. As also is your possession of a controlled weapon in the form of a folding knife,[42] possessed by you whilst on bail for a similar offence.

[41]      Summary charge 8 (possess cartridge ammunition without a licence)

[42]      Summary charge 17 (possess controlled weapon)

33      I was told by your counsel that prior to the commission of the armed robbery you and your co-offender were both smoking ice (methamphetamine) and that the offence was committed to obtain money to buy more drugs, which you subsequently purchased with the proceeds of your crime. Moreover, apparently at the time of committing the burglary you were under the influence of heroin, and the purpose for committing that crime was to get money to buy drugs. Despite the concessions made by your counsel on the plea, I will not treat the fact you committed these crimes under the influence of drugs as an aggravating circumstance, but rather as neutral for sentencing purposes.

34      Given the seriousness of these offences, particularly the armed robbery, I must give significant weight to the principles of general deterrence, denunciation and just punishment in the sentences I impose upon you.

Personal circumstances

35      You were aged 26 at the time of the offending and are now aged 27 years.[43]  Whilst you are no longer a young offender, you are still a relatively youthful man. I will tailor a sentence which seeks to maximise your prospects of rehabilitation, such as they are, particularly in light of the material that has recently been provided to the Court by your counsel relating to you negative drug screens whilst in custody.[44]

[43]      Date of birth is 8 October 1990

[44]      Exhibit A4

36      You are a single father to one child, Dominic, who is aged 4. Dominic’s mother, Jasmine, is a drug user. She has no direct communication with Dominic; only supervised visits are allowed. Your mother and father remain together and have the care of Dominic. I accept that separation from your young child will add to the burden of your serving a custodial sentence and I will make some allowance for this.

37      Your father is employed as a tradesman and your mother is a homemaker. You are the eldest of two children; your sister is five years younger than you and is a real estate agent. Your parents and sister are hardworking and have had no involvement with the law. During the plea hearing, you were supported in court by family and friends.

38      The highest education level achieved by you is year 9. Growing up you were a shy child who had difficulty interacting with peers, leading to your suffering social anxiety and panic attacks and negative peer group pressures. Your employment history is sporadic.

39      So far as your history of drug use is concerned, I was told by your counsel that at 12 years of age you commenced cannabis use which peaked at 7 grams per day. By age 16, you were using methamphetamine (ice) which peaked at 1 gram per day. It was at this stage in your life of drug addiction that you left your family home.  A year later you commenced using intravenous heroin which peaked at ½ gram per day. At 25 years you commenced using GHB at 50 to 100 mg per day. Mr Mathew Staios, who assessed you for the purposes of a court report, diagnosed you as suffering from opioid and stimulant use disorder in early remission in a controlled environment.[45] No other mental health diagnosis was made. Your counsel accepted that no Verdins principles[46] were engaged in your case.

[45]      Mr Mathew Staios, Psychological Assessment Report, 21 September 2017, Exhibit A2 (“Staios Report”)

[46]      R v Verdins (2007) 16 VR 269

40      Mr Staios assessed you as being at moderate risk of recidivism. He also noted that you lack insight into the causes of your offending behaviour. He opined:

The relationship between his psychological functioning and current offending seems to have arisen in the context of immaturity, untreated symptoms of depression and anxiety, a reduced ability to regulate his emotions, periods of unstable accommodation, a lack of parental support to foster a healthy moral code, and the influence of negative peers, leading to the formation of maladaptive coping mechanisms and substance use as a form of escapism, subsequently impacting upon his reasoning skills and decision-making capacity. These issues appear to have been further compounded by the birth of his son approximately five (sic) years prior, leading to an increase in his levels of stress and substance use. These vulnerabilities likely led him to seek out relationships with peers who manifest similar emotional difficulties and conduct issues. In my opinion, the aforementioned factors appear to be proximal destabilising triggers associated with his ongoing offending behaviours that have contributed to the formation of legal issues in adulthood.[47]

[47]      Staios Report p 4 [8.1]

41      You pleaded guilty to the present charges at the committal mention and accordingly yours are early pleas. I sentence you on the basis that your early pleas have utilitarian benefit and are indicative of an acceptance of responsibility by you for your many crimes and a willingness to facilitate the course of justice.  There is, however, no evidence before me of true contrition and remorse on your part. You made effectively a no comment record of interview to police, as is your right and you refused to cooperate in the taking of a DNA sample. Mr Staios does not address this issue in his report. No other evidence was tendered on your plea to support a finding of remorse.[48]

[48]      See Barbaro v R (2012) 226 A Crim R 354, 364–365 [32]–[38] ((Maxwell P, Harper JA and T Forrest AJA)

42      You have a serious and highly relevant prior criminal history. On 15 April 2010, you were sentenced in this Court on six charges of armed robbery to a total effective sentence of 3 years’ detention in a youth justice centre (“YJC”). The prosecutor provided me with a copy of Judge Montgomery’s Reasons for Sentence in relation to those charges.[49] It is concerning that in one of the armed robberies[50] you and your co-offenders committed on a pizza shop, your co-offenders were armed with tomahawks, as you were during the present offending.

[49]      R v Joshua Fuller [2010] VCC 0343 (Judge Montgomery, 15 April 2010) Exhibit P5

[50]Which appears to have given rise to five charges of armed robbery relating to the store attendant and four customers.

43      I was told by your counsel on the plea that you served two years in custody and one year on parole. Your parole was breached because you failed to attend counselling as required and you served a further two months in YJC.

44      Clearly, your time in YJC has not sufficiently brought home to you the need to desist from engaging in serious violent crimes, committed at night, against soft targets, usually maned by sole operators, whilst being armed with a terrifying weapon. In these circumstances, and given your moderate risk of reoffending,  lack of insight and no remorse, in sentencing you I must give significant weight to specific deterrence and protection of the community.

45      Moreover, I can only adopt a very guarded approach to your prospects of rehabilitation. Your counsel accepted this was the case. Nonetheless, you have spent your time in custody completing educational and other programs and you have been employed as a billet and, it appears, remained drug free. You receive regular visits from your mother, sister and Dominic.

Parity

46      So far as I am aware, your only co-accused to have been sentenced to date is Nicholas James Nolan, who was sentenced in this Court by Judge Davis on 28 November 2017.[51] On the charge of armed robbery he received a sentence of two years’ imprisonment. Nolan played a slightly lesser role than you did, and importantly, he was not armed. He also had no prior convictions for armed robbery and there was a finding of remorse made in his case, which is not available in your case. While I have general regard to the sentence imposed on Nolan, in my view these are sufficient reasons to impose a somewhat disparate sentence on you for the armed robbery offence.

[51]      DPP v Nolan [2017] VCC 1814

Current Sentencing Practice

47      I have given consideration to current sentencing practice for these offences in light of the recent decision of the High Court in DPP v Dalgliesh (a Pseudonym).[52]  Counsel on behalf of the Director provided me with what she submitted is a reasonably comparable case.[53] As is so often the case, the circumstances of the offending conduct and the personal circumstances of the offenders in cases of this type are so varied that the assistance provided by sentencing statistics and the sentences imposed in other cases for offences of a similar character is necessarily limited.  Nonetheless, I have tried to garner some understanding of sentencing patterns in this State for these offences.

[52] (2017) 91 ALJR 1063

[53]      Collins v R [2015] VSCA 106

Totality and Double Punishment

48      Charges 1 and 2 are standalone offences. Charges 3, 4 and 5 are connected. I will reflect this in my orders for cumulation. I will also seek for avoid double punishing you where there is an overlap between the charges.

49      The related summary offences fall into three broad categories: proceeds of crime offences, firearms and controlled weapon offences and bail breaching offences. I will impose three aggregate sentences of imprisonment to reflect these associations.

Parsimony

50      I have given consideration to the principle of parsimony.  It is clear, given the number and seriousness of your offences, that no other sentencing disposition other than an immediate term of imprisonment is appropriate in all the circumstances of this case.  This was conceded by your counsel.

Non-parole Period

51      Because of your age, and so as to facilitate your prospects of rehabilitation such as they are, I will set a non-parole period which will allow for your earlier release on parole than might otherwise have been the case.

Stand up Mr Fuller

On indictment charge 1 (armed robbery) you are convicted and sentenced to be imprisoned for 3 years.

On indictment charge 2 (theft) you are convicted and sentenced to be imprisoned for 6 months.

On indictment charge 3 (burglary) you are convicted and sentenced to be imprisoned for 18 months

On indictment charge 4 (theft) you are convicted and sentenced to be imprisoned for 6 months.

On indictment charge 5 (possess drug of dependence) you are convicted and discharged.

On summary charge 8 (possess ammunition without a licence) you are convicted and fined $500.00 and I grant a stay of 6 months.

On summary charges 9 and 11 (the Bail Act breaches) you are convicted and sentenced to an aggregate sentence of imprisonment of 42 days.

On summary charges 16 and 26 (the deal with property suspected of being proceeds of crime charges) you are convicted and sentenced to an aggregate sentence of imprisonment of 6 months.

On summary charges 17, 24 and 27 (the firearms and controlled weapons offences) you are convicted and sentenced to an aggregate sentence of imprisonment of 6 months.

The sentence of 3 years’ imprisonment on charge 1 will be the base sentence, and I order that 3 months of the sentence imposed on charge 2, 9 months of the sentence imposed on charge 3, 3 months of the sentence imposed on charge 4, 3 months of the aggregate sentence imposed on summary charges 16 and 26 and 3 months of the aggregate sentence imposed on summary charges 17, 24 and 27 be served cumulatively on the base sentence and on each other. The aggregate sentence on summary charges 9 and 11 will be served concurrently.

This makes a total effective sentence of 4 years and 9 months’ imprisonment and I fix a period of 34 months before you are eligible for parole.

I declare pursuant to s18 of the Sentencing Act 1991 that the period you have served in custody in relation to these offences is 288 days (not including this day) which is to be reckoned as a period of imprisonment already served under the sentences I have just imposed and I direct that that declaration be entered in the records of the Court.

I declare pursuant to s 6AAA of the Sentencing Act 1991 that but for your pleas of guilty, I would have sentenced you to a total effective sentence of 6 years’ imprisonment with a non-parole period of 4 years’ imprisonment.

I order pursuant to s 89(4) of the Sentencing Act 1991 in relation to indictment charges 2 and 4 (theft of a motor vehicle) that all licences and permits you hold under the Road Safety Act 1986 are cancelled and you are disqualified for a period of two years from this day from applying for any such licence or permit.