R v McCurley
[2020] ACTSC 140
•13 March 2020
SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v McCurley |
Citation: | [2020] ACTSC 140 |
Hearing Date: | 6 February 2020 |
DecisionDate: | 13 March 2020 |
Before: | Burns J |
Decision: | See [53]–[75] |
Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – five counts aggravated burglary – one count burglary – two counts attempted aggravated burglary by joint commission – two counts theft – one count theft by joint commission – two counts riding in a motor vehicle without consent – one count driving a motor vehicle without consent – one count taking a motor vehicle without consent – two counts causing damage to property by fire by joint commission – one count damaging property by joint commission – one count damaging property – pleas of guilty – general and personal deterrence – guarded prospects for rehabilitation |
Cases Cited: | R v Inder [2019] ACTSC 208 |
Parties: | The Queen (Crown) Patrick McCurley (Offender) |
Representation: | Counsel E Wren (Crown) S McLaughlin (Offender) |
| Solicitors ACT Director of Public Prosecutions (Crown) Legal Aid ACT (Offender) | |
File Number: | SCC 164 of 2019; SCC 307 of 2019 |
BURNS J:
Patrick McCurley, you have pleaded guilty to 19 offences committed between
14 and 28 March 2019. These offences are:
· five counts of aggravated burglary;
· one count of burglary;
· two counts of attempted aggravated burglary by joint commission;
· three counts of theft including one by joint commission;
· two counts of riding in a motor vehicle without consent;
· one count of driving a motor vehicle without consent;
· one count of taking a motor vehicle without consent;
· two counts of causing damage to property by fire by joint commission;
· one count of damaging property by joint commission; and
· one count of damaging property.
The maximum penalty for the offence of aggravated burglary is 20 years' imprisonment, a fine of 2000 penalty units, or both. The maximum penalty for the offence of burglary is 14 years' imprisonment, a fine of 1400 penalty units, or both. The maximum penalty for the offence of theft is 10 years' imprisonment, a fine of 1000 penalty units, or both. The maximum penalty for taking, riding in or driving a motor vehicle without consent is five years' imprisonment, a fine of 500 penalty units, or both. The maximum penalty for the offence of causing damage to property by fire is 15 years' imprisonment,
a fine of 1500 penalty units, or both. Finally, the maximum penalty for the offence of damaging property is 10 years' imprisonment, a fine of 1000 penalty units, or both.
You entered pleas of guilty to these charges on different dates and at different stages of the proceedings. You were charged with a number of offences on 4 April 2019, when you first appeared before the ACT Magistrates Court, and the remainder on 9 May 2019. You entered pleas of not guilty to all charges on 9 May 2019 in the
ACT Magistrates Court.
Of the offences, 13 occurred between 23 and 24 March 2019. On these charges, you were committed for trial on 18 July 2019. A Crown application to adduce
tendency evidence was scheduled to be heard on 8 November 2019. Shortly before that application was due to be heard, you indicated an intention to plead guilty. You were arraigned on 11 November 2019 on an indictment containing 13 counts, being those offences which occurred between 23 and 24 March 2019. You entered pleas of guilty to those charges.
On 18 July 2018, you entered pleas of guilty in the ACT Magistrates Court to:
· a charge of burglary, being charge CC5281/19;
· a charge of taking a motor vehicle without consent, being charge CC5288/19;
· a charge of driving a motor vehicle without consent, being charge CC5289/19; and
· a charge of damaging property, being charge CC5290/19.
These pleas were entered at a pre-hearing mention stage, before a hearing date had been set. On 4 October 2019, you entered pleas of guilty in the ACT Magistrates Court to two further charges, being:
· a charge of aggravated burglary, being charge CC3940/19 and
· a charge of theft, being charge CC3941/19.
All the charges to which you entered pleas of guilty in the ACT Magistrates Court were committed for sentence to this Court on 20 November 2019.
Although some of your pleas of guilty were entered in the ACT Magistrates Court and some in this Court, I see no reason to distinguish between them for the purposes of determining the level of discount on sentence that should be applied because of your pleas of guilty. In effect, all pleas of guilty were entered prior to a trial date being set after initial pleas of not guilty. I accept that your pleas of guilty had significant utilitarian value and I will reduce the otherwise appropriate sentence with respect to all charges by 20 per cent because of your pleas of guilty.
The facts
Charge CC5281/19
I will now turn to the facts. Sometime between the evening of 15 March 2019 and the morning of 18 March 2019, you committed a burglary at
Goodwin Village Aged Care Facility (Goodwin Village) in Monash, ACT. You gained entry to a secure maintenance shed by forcing open an external key safe. You used a key for a Toyota HiAce van belonging to Goodwin Village, which had been stored in the shed, to take that vehicle. Bloodstains found in the vicinity of the key box that had been forced open were analysed and DNA samples were extracted. This DNA was reported to be at least 100 billion times more likely to have originated from you than from another source. These facts are the basis of charge CC5281/19.
In assessing the objective seriousness of this offence, I take into account that it occurred at an aged care facility providing services to vulnerable members of the community. I also take into account that the offence involved forced entry into the key safe in order to allow entry into the shed. I would assess the objective seriousness of this offence as in the lower range of such offences.
Charges CC3940/19 and CC3941/19
Between 12.15 am and 2.50 am on 19 March 2019, you and an unidentified male attended Goodwin Village at Monash and gained entry to the Monash Day Club, a building within Goodwin Village, and the onsite men’s shed, a woodworking and
trade shed. Property stolen from the Monash Day Club included two Apple iPads and
two Nokia brand mobile phones as well as vehicle keys. These facts are the basis of charges CC3940/19, a charge of aggravated burglary and CC3941/19, a charge of theft.
You were identified by means of DNA located on a vehicle used in the course of this burglary, as well as CCTV footage. This burglary also occurred at an aged care facility and during night time hours. It was effectively the second burglary at the
Goodwin Village premises conducted by you. I would assess the objective seriousness of these offences as below the mid-range.
Count 1
Sometime between 4.30 pm on 16 March 2019 and 9.10 am on 23 March 2019, a Volkswagen Polo motor vehicle was taken from an underground carpark in Phillip, ACT. You were a passenger in this motor vehicle when it was involved in a number of other offences on the morning of 23 March, to which I will refer in a moment. Your presence in this vehicle is the basis of charge CC3945/19 which was Count 1 on the indictment, a charge of riding in a motor vehicle without consent. As will become obvious, your purpose for riding in this vehicle was to commit other serious offences during which damage was occasioned to the Volkswagen vehicle and other property.
I would assess the objective seriousness of this offence as in the mid-range of such offences.
Count 2
At about 3.05 am on 23 March 2019, two males attempted to gain entry to a cafe in Lyneham, ACT, in the process, causing damage to the back door entrance to the premises. There were no signs that anyone had, in fact, entered the building.
Closed Circuit Television (CCTV) footage revealed that you were one of the offenders. This is the basis of charge CC5282/19 or Count 2 on the indictment, a charge of attempted aggravated burglary by joint commission. This was an offence committed during night time hours on commercial premises which were likely to be vulnerable because they were likely to be vacant. There was an element of premeditation and planning involved. I would assess the objective seriousness of this offence as in the lower part of the mid-range.
Counts 3 and 4
At about 3.05 am on 23 March 2019, the Volkswagen, referred to in Count 1, was reversed at speed into the front door of the Lyneham post office which was situated about 1.6 kilometres from the scene of the attempted burglary at the cafe to which I have just referred. The number plates at this time affixed to the Volkswagen had been reported stolen on 21 March 2019.
Following the initial impact with the front door, the vehicle drove forward and reversed into the door again, causing substantial damage. The plate glass window of the post office was forced inward and a supporting beam was bent. The glass of the front door to the premises was shattered. The Volkswagen was then driven forward, and you and another male exited the Volkswagen and entered the post office through the damaged window.
You were wearing a face covering, a hat and gloves. You and your co-offender approached the counter of the post office where your co-offender grabbed hold of a partition surrounding the counter and pulled it forcefully, causing it to come away from the counter and allowing access for you and your co-offender to the area behind the counter. The two of you searched under and around the counter area. Your co-offender picked up a black coloured parcel from under the counter and you picked up a computer tower. The two of you then left through the same damaged window, entering the Volkswagen and driving away. These facts are the basis of charge CC3942/19 or
Count 3 on the indictment, a charge of aggravated burglary and CC3943/19 or
Count 4 on the indictment, a charge of theft.
In assessing the objective seriousness of the offence of aggravated burglary, I take into account that the offence occurred during night time hours when the commercial premises were empty and therefore vulnerable, and involved the use of a motor vehicle as a battering ram to gain entry. There was an element of premeditation and planning involved. It is a significant aggravating feature of the offence that considerable damage was done to the premises in order to gain entry. I would assess the objective seriousness of this offence of aggravated burglary as slightly above the middle of the range.
I do not have any information about the value of the items stolen in the course of this burglary and I would accordingly assess the objective seriousness of the offence of theft as at the lower end of the range.
Count 5
At about 3.07 am on 23 March 2019, you and your co-offender attempted to gain entry to the Lyneham newsagency, again using a motor vehicle, probably the Volkswagen, as a battering ram. Damage was caused to the shop but the facts do not allow me to make a finding as to how significant that damage was other than to say that the doorframe of the automatic sliding door was damaged and the door itself came off its rails. This is the basis of charge CC5283/19 or Count 5 on the indictment, an offence of attempted aggravated burglary. This is again an offence which occurred during night time hours when the commercial premises were vulnerable. It was subject to premeditation and planning. I would assess the objective seriousness of this offence as just below the mid-range.
Count 6
At approximately 3.30 am on 23 March 2019, the Volkswagen used in the previous offences drove into the Aquarius Car Wash located in Mitchell, ACT. The distance between the Lyneham shops and the car wash is approximately 5 kilometres.
You and a male co-offender exited the vehicle. The office area of the car wash was protected by a large steel gate. The two of you approached the gate and inspected it before returning to the car. The car then left the car wash. Approximately two minutes later, the car reversed back to directly in front of the security gate. You and your
co-offender got out of the vehicle and the co-offender attached a yellow coloured strap to the gate. You attached a green coloured strap to the rear of the vehicle and you tied the two straps together. Your co-offender drove the car forward. However, the straps did not hold and came apart. You and your co-offender retied the straps and were eventually able to pull the metal gate away from the door.
You and your co-offender then used a sledgehammer to attempt to break through the door. This attempt was unsuccessful and the two of you left the car wash in the car. About 10 minutes later, you returned and attempted to open the door with a shovel which was also unsuccessful. You also used a socket wrench to try and open the door. After a number of minutes, the two of you again left the location. You returned approximately five minutes later and again attempted to break through the door using the shovel and a sledgehammer. Eventually you were able to get inside the office which you searched for a number of seconds. You left the office, having taken nothing. The two of you then left the car wash in the Volkswagen. This is the basis of
charge CC3944/19 or Count 6 on the indictment, a charge of aggravated burglary.
The premises which were the subject of this offence were commercial premises which were vulnerable because they were likely to be unoccupied in the early hours of the morning. This offence involved a considerable degree of premeditation and planning. I would assess the objective seriousness of this offence as above the middle of the
mid-range.
Counts 7 and 8
Shortly before 4.25 am on 23 March 2019, you and a male co-offender used the Volkswagen to ram through the door of the warehouse at Floorworld in Fyshwick, ACT. The two of you then ransacked the warehouse before stealing a number of items. I infer that these were not items of significant value. The roller door sustained damage consistent with a heavy impact. These facts are the basis of charges CC5285/19 and SCCAN/3767 or Counts 7 and 8 on the indictment respectively, being counts of aggravated burglary and theft.
The premises which were the subject of the offence of aggravated burglary were commercial premises which were vulnerable because they were likely to be unoccupied in the early hours of the morning. The offences involved a considerable degree of premeditation and planning. They also involved the use of a motor vehicle as a battering ram, occasioning significant damage to the roller door to enable you to gain access. I would assess the objective seriousness of the offence of aggravated burglary as above the middle of the range and that of the offence of theft as towards the bottom of the range.
Count 9
At about 4.36 am, the Volkswagen drove into the gate of Pickles Auctions in Fyshwick, ACT. This is a large site comprising of an outer perimeter fence and a warehouse accessed by a roller door. The gate has a lock and the warehouse is secure. The Volkswagen drove into the gate, striking it. However, the gate did not open. The Volkswagen then reversed away from the gate before driving forward and into the gate again at speed. As a result, the gate was pushed inward slightly but did not open. The Volkswagen then reversed, conducted a three point turn and reversed into the gate at which point the gate gave way. The Volkswagen then reversed into the yard and came to a stop. The front gate sustained significant damage.
You and your co-offender got out of the car and ran around the yard, apparently looking into vehicles parked in the yard. At some point, either you or your co-offender smashed the glass door to a shed on the property which was being used as an office. The shed was then ransacked. The Volkswagen left the Pickles Auction site at approximately 4.43 am. These facts are the basis of charge SCCAN3819/19 or
Count 9 on the indictment, a charge of aggravated burglary.
The premises which were the subject of this burglary were vulnerable for the same reasons that I have given with respect to the other premises. The offence involved a considerable degree of premeditation and planning and the use of a motor vehicle as a battering ram, occasioning significant damage to property. I would assess the objective seriousness of this offence as above the middle of the range.
Count 10
Sometime between 8.15 am and 8.25 am on 23 March 2019, you and your
co-offender set fire to the Volkswagen which had been parked on grassland in Dunlop, ACT. You did this in order to destroy any evidence in or on the vehicle linking you to it and to the offences which had been committed earlier that day. The vehicle was extensively damaged by fire. This is the basis of charge CC3946/19 or Count 10 on the indictment, a charge of damaging property by fire. There was a degree of premeditation involved in the commission of this offence. I would assess this offence as in the bottom half of the mid-range of such offences.
Counts 11 and 12
At about 1.31 am on 24 March 2019, you were a passenger in a Jaguar Land Rover which collided with the roller door of an underground carpark at a residential apartment complex in Braddon, ACT. The roller door bent inwards, creating a small space underneath the door. The Jaguar Land Rover had been unlawfully taken during a burglary at a caryard in Phillip at about 10.30 pm on 20 March 2019. It is not alleged that you were involved in the taking of this car and the earliest time at which you can be clearly connected to that vehicle is 3.15 pm on 23 March 2019 when you were a passenger in the vehicle when it was refuelled at a service station in Charnwood, ACT. This is the basis of charge CC3948/19 or Count 11 on the indictment, a charge of riding in a motor vehicle without consent.
After the vehicle collided with the roller door, you exited the vehicle and crawled under the roller door. You then lifted the roller door, allowing the Jaguar to drive into the carpark. Significant damage was occasioned to the roller door. These facts are the basis of charge CC5287/19 or Count 12 on the indictment, a charge of damaging property. The offence was clearly premeditated and occasioned significant damage.
I would assess the objective seriousness of this offence as in the bottom half of the mid-range of such offences.
Count 13
After being driven into the underground carpark, the Jaguar was parked. You and your co-offender then set fire to the vehicle before leaving the carpark on foot.
ACT Fire Brigade vehicles attended and put out the fire. The interior of the vehicle sustained significant damage and was largely destroyed. These facts are the basis of charge CC3947/19 or Count 13 on the indictment, a charge of damaging property by fire.
In assessing the objective seriousness of this offence, I take into account the degree of damage which was occasioned to the vehicle and the fact that the vehicle was set on fire in the underground carpark of a residential apartment complex. There was clearly potential for the fire to spread, threatening property and human life. It was a premeditated offence. It was also undertaken in order to destroy any evidence in or on the vehicle linking you or your co-offender to it. I would assess the objective seriousness of this offence as in the upper range of such offences.
Charges CC5288/19, CC5289/19 and CC5290/19
At about 11.21 pm on 26 March 2019, you and a male co-offender entered an underground carpark in Phillip. You gained entry to a vehicle and drove it out of the carpark. When the vehicle was later recovered, it was observed that the ignition had been tampered with, enabling the vehicle to be started without the key.
At about 7.23 am on 28 March 2019, this vehicle was used to ram a garage door at a unit complex in Curtin, ACT, causing significant damage. The cost of repairing the damage was quoted as $9,237. These facts are the basis of charges CC5288/19, a charge of taking a motor vehicle without consent, CC5289/19, a charge of driving a motor vehicle without consent and CC5290/19, a charge of damaging property. I would assess each of these offences as in the bottom half of the mid-range of such offences.
Subjective features
It is an aggravating circumstance attending each of these offences that you were on parole at the time that you committed them. You have an extremely extensive criminal history, both in this Territory and in New South Wales, extending from 1988 until 2017 and including previous convictions for offences of burglary, theft, taking and driving motor vehicles without consent, driving whilst disqualified, dangerous driving, escaping custody and various other offences. I note that the Crown does not rely upon the last entry on your New South Wales criminal history and I ignore that entry for sentencing purposes. You have served previous terms of imprisonment. Not only does your previous criminal history disentitle you to leniency in sentencing for the present offences, it speaks of an ongoing attitude of disobedience to the law, calling for deterrent punishments to be imposed.
You are 31 years old and you have been known to ACT Corrective Services since 2010. Your compliance with community-based orders in the past has been poor. During your current remand period, you have been disciplined for being in possession of contraband.
More positively, I note that you have completed the Stress Less Program,
the Anger Management Program and the First Steps Alcohol and Drug Program whilst in the Alexander Maconochie Centre (AMC). You told the author of the
Pre-Sentence Report that you are learning literacy skills and your reading is improving.
You reported a traumatic and chaotic upbringing with your parents separating during your childhood [redacted], stating that this has had an ongoing negative impact on your mental health.
You are the youngest of nine children. However, three of your siblings passed away before you were born. You are currently single, but you have one daughter now
aged 16 years. You continue to maintain telephone contact with her. You left school prior to completing Year 9 and your limited literacy skills have negatively affected your employment opportunities. You have had limited employment since leaving school.
The Pre-Sentence Report notes a history of polysubstance abuse commencing at
10 years of age. You reported ongoing use of cannabis, heroin and methamphetamine throughout your life. After you were most recently released from custody to parole in January 2019, you almost immediately relapsed into methamphetamine use. You attributed your continued relapse to illicit substance use to a lack of living skills and inability to manage life stressors. You told the author of the Report that you feel you need to undertake an intensive residential rehabilitation program to develop living skills and to avoid relapse into drug use. The Pre-Sentence Report noted that you had applied, while in the AMC, for entry into the Way Back Drug and Alcohol Rehabilitation Program in New South Wales.
You have a significant history of mental health issues, having previously been diagnosed with schizophrenia, depression and Post-Traumatic Stress Disorder. You have a history of suicidal ideation. While living in the community, you do not consistently take your medication. You recognise that illicit drug use negatively affects your mental health. You reported that you feel your mental health is currently stable as you have been taking your medication consistently while in custody.
You attributed your offending behaviour on this occasion to the need to fund your illicit drug use. It is to your credit that you have expressed an interest in attending a residential rehabilitation program to address your drug abuse. You were, however, assessed as at a high risk of general re-offending.
Consideration
All of the offences occurred within a 14-day period with many being committed on the same day. A degree of concurrency of sentences is justified but it must be recognised that each burglary or similar offence involved a separate violation of the victims’ rights and undoubtedly resulted in separate harm to some degree. It is important, wherever possible, that some effective punishment be imposed for each such offence. I must, of course, also consider the question of totality in determining the extent to which the sentences should be accumulated. For that reason, I will make a number of sentences wholly concurrent with regard to offences that occurred at or about the same time as the burglary offence.
Your co-offender, with regard to the offences of damaging property which was Count 2 on the indictment and damaging property by fire which was Count 13 on the indictment, was Ashley Inder. On 8 August 2019, he was sentenced by Elkaim J to
13 months and 15 days' imprisonment for the offence of causing damage by fire and six months' imprisonment for the offence of damaging property. For an associated offence of driving a motor vehicle without consent, he was sentenced to a term of
three months' imprisonment. The sentence imposed for the offence of damaging property by fire involved a reduction of 25 per cent by reason of your co-offender's plea of guilty: R v Inder [2019] ACTSC 208.
Somewhat surprisingly, his Honour made no reference in his sentencing remarks to the potential danger created by the offence of setting fire to the Jaguar in the garage of a residential apartment complex. His Honour considered that offence to be of about a medium objective seriousness which, in my respectful opinion, somewhat understates the matter. He imposed a sentence for that offence of
13 months and 15 days' imprisonment, reduced from 18 months by reason of the plea of guilty. In my respectful opinion, this was a very lenient sentence but for reasons of parity, I will adopt the same starting point in sentencing you for this offence that
his Honour adopted in sentencing your co-offender.
The sentencing remarks by Elkaim J reveal that your co-offender was about
25 or 26 years old at the time of these offences. He also had a very significant criminal history [redacted]. He was not on parole or any other form of conditional liberty at the time of the offences. He also had a lengthy history of drug addiction from an early age.
The co-offender had a lengthy and demonstrated history of mental health issues. A report from a psychologist linked his mental health issues to his drug addiction and in turn his drug addiction to his criminal offending. No medical evidence was put before me of a similar nature in your case. I accept that you have diagnosed mental health conditions, but it is unclear to what extent they may have influenced you in the commission of the present offences. There is no suggestion that your mental health conditions will make a term of imprisonment more onerous for you or that your conditions will worsen or cannot be appropriately treated in custody. I nevertheless take into account your mental health condition as part of your background.
Your prospects for rehabilitation must be considered to be guarded. As I have said, it is to your credit that you have expressed an interest in attending a residential rehabilitation program. Balanced against that, is the fact that you have been given opportunities in the past to address criminogenic issues such as drug addiction and you have not followed through on those opportunities. Most recently, after being released on parole in January 2019, you quickly returned to the use of illicit drugs knowing that in the past, this has resulted in you committing criminal offences. In my opinion, your prospects for rehabilitation would be enhanced by a graduated return to the community by means of release from prison to a residential rehabilitation facility. Hopefully, this will enable you to acquire the life skills that you currently lack and strategies to avoid relapse into drug use.
Release from imprisonment to a drug rehabilitation facility will only succeed if you commit to that process. I propose to give you an opportunity for early release to parole but I recommend that the Sentence Administration Board carefully consider your progress in custody prior to any early release to parole to determine whether you have demonstrated a commitment to rehabilitation.
In sentencing you, I must give weight to both general and specific deterrence. The sentences which I impose must also be such as to hold you accountable for the wrongs that you have done. In my opinion, nothing less than immediate terms of imprisonment will satisfy the requirements of sentencing for these offences. I will backdate the commencement of the sentences to 3 April 2019.
Sentence
I record convictions with respect to all of the offences and I pass the following sentences.
On the charge of aggravated burglary (SCANN 2019/3819), which is Count 9 on the indictment, you are sentenced to two years and nine months' imprisonment, commencing 3 April 2019 and expiring on 2 January 2022. I have reduced this from three years and six months' imprisonment because of your plea of guilty.
On the charge of aggravated burglary (CC 2019/5285), which is Count 7 on the indictment, you are sentenced to two years and four months' imprisonment, commencing 3 January 2020 and expiring on 2 May 2022. I have reduced this from three years' imprisonment because of your plea of guilty.
On the charge of theft (SCCAN 2019/3767), which is Count 8 on the indictment, you are sentenced to six months' imprisonment, commencing on 3 January 2020 and expiring on 2 July 2020. I have reduced this from eight months' imprisonment because of your plea of guilty.
On the charge of aggravated burglary (CC 2019/3944), which is Count 6 on the indictment, you are sentenced to two years and four months' imprisonment, commencing on 3 May 2020 and expiring on 2 September 2022. I have reduced this from three years' imprisonment because of your plea of guilty.
On the charge of attempted aggravated burglary (CC 2019/5283), which is Count 5 on the indictment, you are sentenced to two years and four months' imprisonment, commencing on 3 September 2020 and expiring on 2 January 2023. I have reduced this from three years' imprisonment because of your plea of guilty.
On the charge of aggravated burglary (CC 2019/3942), which is Count 3 on the indictment, you are sentenced to two years and four months' imprisonment, commencing on 3 January 2021 and expiring on 2 May 2023. I have reduced this from three years' imprisonment because of your plea of guilty.
On the charge of theft (CC 2019/3943), which is Count 4 on the indictment, you are sentenced to nine months' imprisonment, commencing on 3 January 2021 and expiring on 2 October 2021. I have reduced this from 12 months' imprisonment because of your plea of guilty.
On the charge of aggravated burglary, which is charge CC3940/19, you are sentenced to two years' imprisonment, commencing on 3 August 2021 and expiring on
2 August 2023. I have reduced this from two years and six months' imprisonment because of your plea of guilty.
On the charge of theft, which is charge CC3941/19, you are sentenced to
six months' imprisonment, commencing 3 August 2021 and expiring on
2 February 2022. I have reduced this from eight months' imprisonment because of your
plea of guilty.
On the charge of attempted aggravated burglary (CC 2019/5282), which is Count 2 on the indictment, you are sentenced to 19 months' imprisonment, commencing on
3 April 2022 and expiring on 2 November 2023. I have reduced this from
two years' imprisonment because of your plea of guilty.
On the charge of riding in a motor vehicle without consent (CC 2019/3945), which is Count 1 on the indictment, you are sentenced to four months' imprisonment, commencing 3 April 2022 and expiring on 2 August 2022. I have reduced this from
six months' imprisonment because of your plea of guilty.
On the charge of burglary, which is charge CC5281/19, you are sentenced to
16 months' imprisonment, commencing 3 October 2022 and expiring on 2 February 2024. I have reduced this from 20 months' imprisonment because of your plea of guilty.
On the charge of damaging property by fire (CC 2019/3946), which is Count 10 on the indictment, you are sentenced to 15 months' imprisonment, commencing 3 March 2023 and expiring on 2 June 2024. I have reduced this from 18 months' imprisonment because of your plea of guilty.
On the charge of riding in a motor vehicle without consent (CC 2019/3948), which is Count 11 on the indictment, you are sentenced to four months' imprisonment, commencing 3 March 2023 and expiring on 2 July 2023. I have reduced this from
six months' imprisonment because of your plea of guilty.
On the charge of damaging property by means of fire (CC 2019/3947), which is
Count 13 on the indictment, you are sentenced to 15 months' imprisonment, commencing on 3 September 2023 and expiring on 2 December 2024. I have reduced this from 18 months' imprisonment because of your plea of guilty.
On the charge of damaging property (CC 2019/5287), which is Count 12 on the indictment, you are sentenced to nine months' imprisonment, commencing on
3 June 2024 and expiring on 2 March 2025. I have reduced this from
12 months' imprisonment because of your plea of guilty.
On the charge of damaging property, which is charge CC5290/19, you are sentenced to nine months' imprisonment, commencing on 3 August 2024 and expiring on
2 May 2025.
On the charge of driving a motor vehicle without consent, which is charge CC5289/19, you are sentenced to five months' imprisonment, commencing on 3 August 2024 and expiring on 2 January 2025. I have reduced this from seven months' imprisonment because of your plea of guilty.
On the charge of taking a motor vehicle without consent, which is charge CC5288/19, you are sentenced to six months' imprisonment, commencing 3 January 2025 and expiring on 2 July 2025.
The aggregate sentence which I have imposed is therefore one of six years and
three months' imprisonment, commencing on 3 April 2019 and expiring on 2 July 2025.
Ordinarily with a person of your criminal history, I would have set a
non-parole period somewhere between 65 per cent and 70 per cent of that aggregate sentence. As I earlier said, I propose to give you an opportunity for early release to parole on the basis that you attend a residential rehabilitation program immediately upon your release. For that reason, I will set a shorter than usual non-parole period of three years and four months' imprisonment commencing on 3 April 2019 and expiring on 2 August 2022. This is 52 per cent of the aggregate head sentence.
I recommend that the Sentence Administration Board only approve your early release to parole if you have demonstrated commitment to rehabilitation in the AMC leading up to your eligibility for parole and on the basis that you immediately attend an appropriate residential rehabilitation facility and complete the program at that facility.
| I certify that the preceding seventy-five [75] numbered paragraphs are a true copy of the Reasons for Sentence of his Honour Justice Burns. Associate: Date: |
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