TASMANIA v JASON WILLIAM MORT 27 OCTOBER 2009
COMMENTS ON PASSING SENTENCE CRAWFORD CJ
On complaint 30802/08 charge 5 the accused pleaded guilty to attempted motor vehicle stealing on 25 October 2007. On an indictment, he pleaded guilty to burglary and stealing on 17 January 2008 and on the complaint, charges 1, 2 and 3 he pleaded guilty to three offences that day, driving a motor vehicle while exceeding the prescribed alcohol limit, driving while disqualified under the Road Safety (Alcohol and Drugs) Act and motor vehicle stealing. On another indictment he pleaded guilty to assault committed on 7 May 2009.
The attempted motor vehicle stealing occurred on 25 October 2007 at George Town when he attempted to steal a motor cycle. Detection came from DNA he left on the handlebars.
On 17 January 2008 he unlawfully took a Nissan Patrol 4WD. With another he then entered the premises of Tamar Hire in Dry Street, Invermay and stole a road roller, which they loaded onto the back of a trailer and towed away with the stolen vehicle. About 15 minutes later the vehicle was intercepted by police on Lilydale Road. He was driving it. He ran into bushland but was quickly apprehended. The property stolen from Tamar Hire, which was recovered, had a combined value of $49,600. At the time the accused was disqualified from driving because of an order disqualifying him for two years from 21 April 2006 for a variety of offences, including offences against the Road Safety (Alcohol and Drugs) Act. Following his apprehension on Lilydale Road on this occasion, it was determined that he had a blood alcohol concentration of .04 grams of alcohol per 210 litres of breath.
On 7 May 2009 he assaulted Jason Fitch by taping his legs and hands, placing him in the boot of a car and driving off with him in it, thereby depriving him of his liberty. There was a dispute as to the facts and I had to determine them. I do not accept the allegation in the indictment that the accused punched and kicked the complainant. Nor do I accept the complainant's evidence that the accused held a machete to the back of his neck and then struck him with the handle of the machete a number of times in the back.
The complainant said that he had met the accused a couple of times before and on the day in question went for a drive with him, on invitation, because the accused had a new car. The accused's version of the events was that he took the complainant with him in his car to the rear of Aurora Stadium where it was arranged that he would buy amphetamines from the complainant. I find that a more likely explanation for their journey than that given by the complainant. It is likely that the complainant was assaulted because of a grievance arising out of a prior drug dealing. An assault for no reason seems fanciful to me.
The accused admits that he helped tape him and place him in the boot of the car and that he drove off with him. On the accused's evidence, the complainant was punched by a man who appeared when they stopped and another passenger in the car also struck the complainant in the head with the machete. I am unable to find positively, one way or the other, whether the accused was a party to those assaults but, on his own admission, he was a party to taping the complainant's hands and legs and putting him in the boot..
I am satisfied that the complainant was in fear of his life and while the vehicle was travelling, he managed to free himself from his bonds, manipulated the lock of the boot and jumped from the moving vehicle suffering some injuries.
The accused is 35 years old. He has a record in this State and in Western Australia. So far as concerns dishonesty, it includes many such offences in the Perth Children's Court and over 20 as an adult. So far as concerns violence, it includes two in the Perth Children's Court and as an adult about 10 assaults and an armed robbery. He has had many sentences of imprisonment. He also has a poor record for driving while disqualified and for drink driving. He says that he has been addicted to amphetamines since childhood and wishes to control the addiction. That is understandable but it cannot act in any way in mitigation of sentence. His counsel also explained that he suffers more in prison than most prisoners because he has been made the subject of many threats and requires special protection.
Convictions for all of the offences are recorded. It is ordered that he pay compensation to Tamar Hire Pty Ltd and Sydney Barton but the assessment of the compensation is adjourned to a date to be fixed.
Jason William Mort, for the attempted motor vehicle stealing you are sentenced to imprisonment for three months from 8 August 2009 and it is ordered that you are not to be eligible for parole until you have served two months of the imprisonment. For the crimes and offences committed on 17 January 2008, that is, the motor vehicle stealing, burglary, stealing, driving while disqualified and driving with alcohol in your breath, you are sentenced to imprisonment for one year three months to commence at the expiration of the first sentence of imprisonment and it is ordered that you are not to be eligible for parole until you have served nine months of that sentence. It is ordered that you are disqualified from driving for one year after your release from prison. For the assault committed on 7 May 2009 you are sentenced to imprisonment for one year three months to be served cumulatively on the other two sentences and it is ordered that you are not to be eligible for parole until you have served nine months of the imprisonment. Therefore, in total you are sentenced to imprisonment for two years nine months from 8 August 2009 and you are not to be eligible for parole until you have served a total of 20 months of that imprisonment. Finally, it is ordered that you pay victims of crime compensation levies totalling $230 within 28 days of your release from prison.