STATE OF TASMANIA v ZANE COLIN ROY SENGSTOCK WOOD J
COMMENTS ON PASSING SENTENCE 10 DECEMBER 2020
COMMENTS ON PASSING SENTENCE 30 MARCH 2021
Zane Colin Roy Sengstock has pleaded guilty to dangerous driving and related summary offences of evading police (aggravated circumstances) and drive unlicensed.
On Friday 19 June 2020 at approximately 10:15am, the defendant drove a Toyota Corolla south on Tarleton Street in East Devonport. Police officers in a stationary police vehicle observed him driving and saw that he had a front seat passenger. They were aware that the defendant has never held a driver’s licence. The officers decided to intercept the vehicle and engaged the emergency lights and sirens of the police vehicle. The defendant increased the speed of his vehicle. He travelled through the intersection of Tarleton Street and Thomas Street at a speed in excess of 100 km/h. The speed limit is 60 km/h. The traffic flow on Tarleton Street was heavy.
After passing through that intersection, the defendant crossed to the incorrect side of the road to overtake a vehicle without indicating when leaving or returning to his lane. Other vehicles travelling in the opposite direction on Tarleton Street were required to slow down and take evasive action to avoid the defendant’s vehicle.
He continued to drive down Tarleton Street at a speed in excess of 100 km/h until he reached the intersection of Tarleton Street and Torquay Road. He slowed down and turned into Torquay Road without indicating. The vehicle took a wide angle as it turned, crossing over to the wrong side of Torquay Road for a short period of time.
He drove east along Torquay Road in excess of 100 km/h in a 60 km/h zone. On Torquay Road, he travelled round a blind corner on the wrong side of the road. The police officers lost sight of the vehicle after it had gone through the intersection of Torquay Road and Caroline Street.
A second police vehicle was deployed to the area, and took up a position at the Bass Highway and Moriarty Road, Latrobe roundabout. As they did, they observed the Toyota Corolla travelling west on Moriarty Road, enter the roundabout and turn east onto the Bass Highway. The officers entered the roundabout activating their sirens and emergency lights. The defendant accelerated away at a speed estimated to be 130 km/h as it approached the 90 km/h zone.
The defendant overtook two vehicles as he drove east on the Bass Highway, crossing double white lines. The officers lost sight of the Toyota Corolla.
The police officers continued to the intersection of Native Plains Road and the Bass Highway and positioned their vehicle at that intersection. The defendant exited Native Plains Road, turned left onto the Bass Highway and accelerated rapidly in a westerly direction back towards Latrobe. The Toyota Corolla was not seen again by police that day and was later found abandoned in Latrobe.
The defendant was arrested on 15 July 2020 and declined an interview. He was refused bail and has been remanded in custody since 16 July 2020.
The defendant is 28 years of age. He has relevant prior convictions in the period 2013-2015, namely exceed prescribed alcohol limit, three convictions for drive unlicensed and an offence of drive with illicit drug present in his blood. He has a conviction as an adult arising in New South Wales for drive unlicensed in 2019. He has considerable numeracy and literacy difficulties. Those difficulties have been a barrier to him obtaining his licence. He has qualifications as a butcher. He returned to live in Tasmania early this year and had difficulty finding work, and then obtained employment in June working 6 days a week, but lost that employment because of his time in custody. However, he has prospects of obtaining work with the same employer in the future. He is married but separated, and has three children who reside in Queensland. A child died in February this year. He has found that very difficult. He was unable to attend the funeral as he was unemployed and could not afford the travel costs. Previously, he had been a user of cannabis and an infrequent user of methylamphetamine. Since February, his use of methylamphetamine escalated in response to his grief.
Since he has been in custody, he has been abstinent from illicit substances and he has developed insight with regard to the seriousness of his offending. He realises his actions put other road users at risk and that as an unlicensed driver and someone who has never had a licence, he should not have been driving at all. He is conscious that his driving could have caused serious injury or death. He has expressed remorse and has stated that he could not have lived with himself should that have happened.
He appreciates he has a drug problem and he needs to address that. While in custody he had wanted to participate in rehabilitative programs, but as he has been on remand and held in maximum security, they has not been available to him.
He pleaded guilty at a very early opportunity, about two weeks after being remanded in custody.
This is his first experience of imprisonment and he has felt that keenly in various respects. Particularly in terms of the loss of his employment which he valued. Further, he has a close relationship with his mother, but communication with her ceased after he went into custody as she struggled with his custodial status.
I have the benefit of a pre-sentence report. A period of supervision is recommended with intervention to focus on illicit substance abuse, anger management, structured support to assist him to develop as a contributing member of his community, and grief counselling. He has also been assessed for the EQUIPS Addiction Program and is eligible for that program.
The defendant’s course of dangerous driving showed a disregard for others who could have been in his path. His driving at high speeds, overtaking in the path of oncoming cars, and crossing to the wrong side of the road on a blind corner is the very kind of driving that could easily have ended in tragedy.
The driving took place mid-morning on a week day when roads are heavily used and it is noted that East Devonport Primary School is on the corner of Thomas and Tarleton Streets. He exposed pedestrians and other road users as well as his own passenger to considerable risk. He realises now that he is very fortunate that no one was hurt. He paid no heed to his unlicensed status. His wrong-doing started before he accelerated away from police, it started when as an unqualified driver, he got behind the wheel of a motor vehicle. General deterrence, punishment, denunciation and protection of the public are primary goals.
The defendant has been remanded in custody on these matters since 16 July, a period of approximately five months. It is his first experience of imprisonment. I note that this period has been more onerous for all prisoners because of the pandemic. It appears that the time he has spent in custody has been effective as a personal deterrent and that Mr Sengstock is motivated to reform and turn his life around and address his drug problem and other difficulties.
Having regard to these various considerations, the sentence I impose is as follows. I record a conviction on the indictable crime of dangerous driving and I impose 12 months’ imprisonment, backdated to 16 July. The balance from today is suspended for two years on the following conditions:
- You must not commit another offence punishable by imprisonment for that period, 2 years from today.
- You must be subject to the supervision of a probation officer for that same period.
You are also subject to the core conditions of a community correction order for two years, which includes an obligation for you to report to a probation officer within 48 hours (2 clear working days) of your release at 57-59 Oldaker Street, Devonport and to report as required and comply with all the reasonable and lawful directions of your probation officer.
In addition to the usual core conditions, I impose the following special conditions which again apply for the duration of the order (two years from today):
- you must undergo assessment and treatment for drug dependency as directed by a probation officer;
- you must undergo counselling and drug rehabilitation programs;
- you must submit to testing for drug use as directed by a probation officer;
- you must submit to medical, psychological or psychiatric assessment and treatment as directed by a probation officer;
- you must attend, participate in, and complete the EQUIPS Addiction Program as directed;
- you must attend grief counselling as directed by a probation officer.
I impose a period of two years’ licence disqualification.
The offences of evading police (aggravated circumstances) and drive unlicensed were adjourned to a date to provide counsel with an opportunity to consider matters raised with regard to the offence of evading police.
30 March 2021
On 30 March 2021, Mr Sengstock returned to be sentenced for the outstanding summary charges of evading police (aggravated circumstances) and drive unlicensed. Leave was granted for Mr Sengstock to withdraw his plea of guilty to the charge of evading police (aggravated circumstances) contrary to s 11A(2A) Police Powers (Vehicle Interception) Act 2000. The Crown’s applications were granted to amend the charge of evading police (aggravated circumstances) to evading police simpliciter, contrary to s 11A(1) of the Act and to amend the particulars of the charge. Mr Sengstock then entered a plea of guilty to the amended charge.
The defendant was sentenced in the following terms.
On the charge of evading police, I record a conviction, and impose a term of 4 months’ imprisonment, wholly suspended on the same conditions of the sentence imposed for the dangerous driving, but to commence from 30 March 2021. I also impose a period of two years’ disqualification from 30 March 2021 for the charge of evading police.
On the charge of drive whilst not the holder of a driver licence, I record a conviction and impose a period of 12 months’ disqualification. The periods of disqualification for these two charges are to run concurrently.