R v Hagen

[2020] ACTSC 337

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:	R v Hagen
Citation:	[2020] ACTSC 337
Hearing Date:	14 February; 16 November 2020
Decision Date:	16 November 2020
Before:	Burns J
Decision:	See [10]–[17]
Catchwords:	CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – aggravated reckless driving – attempting to dishonestly drive a motor vehicle – failing to stop a motor vehicle for police – driving whilst unlicensed – driving an unregistered vehicle – using an uninsured vehicle – two counts resisting a public official – pleas of guilty – relevance of offender’s youth –
Legislation Cited:	Criminal Code 2002 (ACT) ss 44, 318, 361(1) Crimes (Sentencing) Act 2005 (ACT), Pt 4.4 Road Transport (Driver Licensing) Act 1999 (ACT) s 31(1)
Road Transport (Safety and Traffic Management) Act 1999
(ACT) ss 5C, 7(1) Road Transport (Third-Party Insurance) Act 2008 (ACT) s 17(1) Road Transport (Vehicle Registration) Act 1999 (ACT) s 18(1)
Supreme Court Act 1933 (ACT) Pt 8
Parties:	The Queen (Crown) Jordan Anthony Robert Hagen (Offender)
Representation:	Counsel
M Dyason (Crown)
A Doig (Offender)
Solicitors
ACT Director of Public Prosecutions (Crown)
Darryl Perkins Solicitors (Offender)
File Numbers:	SCC 302 of 2019; SCC 303 of 2019; SCC 304 of 2019; SCC 305 of 2019
BURNS J:

1. Jordan Hagen, you appear before me today for sentence with respect to an offence of aggravated reckless driving which occurred on 8 January 2019, contrary to s 7(1) of the Road Transport (Safety and Traffic Management) Act 1999 (ACT) (the Road Transport Act), and an offence of attempting to dishonestly drive a motor vehicle without consent which occurred on 8 July 2019, contrary to s 318 by virtue of s 44 of the Criminal Code 2002 (ACT) (the Criminal Code).

2. In addition, there are a number of traffic offences and other offences that have been transferred to this Court under Part 8 of the Supreme Court Act 1933 (ACT). Those offences are failing to stop a motor vehicle for police on 8 January 2019, contrary to s 5C of the Road Transport Act, driving whilst unlicensed on the same date, contrary to s 31(1) of the Road Transport (Driver Licensing) Act 1999 (ACT), driving an unregistered vehicle on the same date, contrary to s 18(1) of the Road Transport (Vehicle Registration) Act 1999 (ACT), using an uninsured motor vehicle on the same date, contrary to s 17(1) of the Road Transport (Third-Party Insurance) Act 2008 (ACT), and, in addition, two charges of resisting a public official in the exercise of their functions on 8 July 2019, contrary to s 361(1) of the Criminal Code.

3. In sentencing you with regard to the offence of aggravated reckless driving on 8 January 2019, you ask that I take into account five offences contained on a List of Additional Offences under Part 4.4 of the Crimes (Sentencing) Act 2005 (ACT).

4.       A comprehensive Agreed Statement of Facts was tendered as part of the Crown Tender Bundle in February 2020. I recorded convictions with respect to the offences that are now before me, contained in [1]-[2], at that time.

5.       You were, at that time, serving a sentence of imprisonment with regard to an aggravated robbery charge [redacted]. I indicated that I would adjourn the proceedings relating to these offences until today to enable you to serve the remainder of the sentence [redacted].

6.       You have now served a very significant period in custody. Whilst the present offences of aggravated reckless driving and attempting to dishonestly drive a motor vehicle call for terms of imprisonment, I am satisfied that, bearing in mind the period of time that you have already spent in custody, sentences of imprisonment which are wholly suspended as of today, 16 November 2020, should be imposed. I do intend to backdate to the commencement date of the sentences that I will impose to 16 August 2020 to take into account the principle of totality. Such that I am trying to craft sentences that effectively would have been crafted if all matters had been before me at the same time for sentence. I will also, for that reason, allow some concurrency with respect to the two offences which occurred on separate dates being 8 January and 8 July 2019.

Subjective features

7.       I take into account the contents of the current Pre-Sentence Report which appears to demonstrate an improvement in your attitude in custody since you were before the Court earlier this year. I also take into account the fact that you have pro-social circumstances in existence at the present time which will assist in the process of your rehabilitation. You are currently 21 years of age and whilst you, as I have said, are no longer a juvenile, you are still quite a young man such that rehabilitation should be given some significance.

8.       [Redacted]. I take into account the material which has been put before me today which demonstrates that you have participated in courses and programs within the Alexander Maconochie Centre designed to deal with, in particular, drug addiction. In that regard, I give significant weight to the fact that you have completed the Solaris Program whilst in custody.

9.       I note that you entered pleas of guilty to each of the matters which are before me today. Those pleas cannot be said to have been entered at the earliest opportunity but I, nevertheless, accept that they had significant utilitarian value. I propose to reduce the sentence that would otherwise have been appropriate for the offence of attempting to dishonestly drive a motor vehicle by 15 per cent because of your plea of guilty. I will reduce the sentence that would otherwise have been appropriate with regard to the offence of aggravated reckless driving by 10 per cent or approximately that amount to take into account your plea of guilty.

Sentence

10.    I note that I have already recorded convictions on all of these charges on 14 February 2020 and as such, having recorded those convictions, the automatic disqualifications began to operate. It simply falls to me now to impose sentences with respect to the offences.

11.     For the offence of attempting to dishonestly drive a motor vehicle on 8 July 2019

(CAN 7695/19), you will be sentenced to 12 months’ imprisonment, commencing on

16 August 2020 and expiring on 15 August 2021.

12.     For the offence of aggravated reckless driving on 8 January 2019 (CC 765/19), you are

sentenced to 10 months’ imprisonment, which I have reduced from 12 months because

of your plea of guilty, commencing on 16 January 2021 and expiring on
15 November 2021.

13.     With regard to each of the offences of failing to stop a motor vehicle for police (CAN 759/19), driving unlicensed (CAN 761/19), driving unregistered (CAN 762/19) and using an uninsured motor vehicle on 8 January 2019 (CAN 763/19), there will be a Good Behaviour Order for a period of eight months from today, 16 November 2020.

14.     With regard to each of the charges of resisting a public official in the exercise of their function (CAN 7697/19; CAN 7696/19), in each matter there will be a sentence of

one month’s imprisonment which will commence on 16 August 2020 and expire on

15 September 2020.

15.     I have imposed effectively aggregate sentences of imprisonment from 16 August 2020 until 15 November 2021. The period from 16 August 2020 until yesterday, 15 November 2020, is to be served by way of full-time imprisonment.

16.     The balance will be suspended with a Good Behaviour Order for a period of 18 months from today, 16 November 2020, with conditions that:

a) you are to accept the supervision of the Director-General or that person’s delegate

for that period of 18 months or such lesser period as deemed appropriate by your

supervising officer;

b)	second, you are to reside as directed by your supervising officer; and
c)	third, you are to undertake such assessments, counselling or treatment as directed

by the Director-General or that person’s delegate, particularly with relation to

avoiding the relapse into illicit drug use.

17.     You are to report to ACT Community Corrections at Level 1, 249 London Circuit within 48 hours of entering into that order.

I certify that the preceding seventeen [17] numbered paragraphs are a true copy of the Reasons for Sentence of his Honour Justice Burns.

Associate:

Date: