STATE OF TASMANIA v BENJAMIN EDWARD BAKES 18 SEPTEMBER 2025
COMMENTS ON PASSING SENTENCE BRETT J
Mr Bakes, you have pleaded guilty to one count of dangerous driving. You have also pleaded guilty to a number of associated summary offences including driving whilst disqualified and several traffic offences which were committed during and largely reflect the particulars of the dangerous driving.
The relevant driving occurred on 11 September 2022 at about 11am. You were driving a motor vehicle in Wynyard when you passed a police vehicle. You were disqualified from driving, and when you realised that the police were following you, you accelerated heavily away from them. You were in a residential area with a speed limit of 60 km/h. As you drove away from police at speed, you swerved onto the incorrect side of the road and then turned left without indicating. You again accelerated heavily and entered an oncoming traffic lane. You turned right without giving way to other cars in defiance of a giveaway sign. You narrowly avoided a collision with another car at this time, forcing the other driver to take evasive action. Around this time, police disengaged from pursuit due to the dangerous nature of your driving. As you drove from away from them, you again swerved into an oncoming traffic lane and then overtook a car to the left. You then merged between two vehicles almost colliding with both vehicles. You then overtook another car, forcing an oncoming vehicle to take evasive action by pulling over to the side of the road to avoid a head-on collision. At all times, traffic flow was heavy and there were multiple pedestrians in the area.
You are 34 years of age. You have a shocking criminal history. You commenced offending when you were 15 and as far as I can see you have been constantly offending since then. Your record contains numerous serious traffic offences including a number of evade police and driving whilst disqualified. You have been sentenced to prison on a number of occasions for such offences. I note that you have also offended regularly in other ways and have been the subject of a drug treatment order on two separate occasions, both of which were unsuccessful. On 16 November 2021, you were convicted of a series of offences which included two counts of disqualified driving, one count of evading police and one count of reckless driving. About 1 month after committing the crime with which I am dealing, you again drove whilst disqualified and engaged in dangerous driving. You were dealt with by another judge for those offences on 13 December 2024. His Honour concluded that despite the serious nature of your offending and your terrible record, that you should be given an opportunity to continue your efforts at rehabilitation. You were sentenced to a suspended sentence of imprisonment with a condition that you submit to supervision by a probation officer.
You have had an acquired brain injury since the age of 7 and you have been in long-term receipt of a disability support benefit. You have also had a serious drug problem for most of your life. In your late 20s, a formal diagnosis of post-traumatic stress disorder arising from abuse in your childhood as well as depression and anxiety, was made. You have recently made efforts at rehabilitation through residential programs. These have been partially successful but have been prematurely terminated for reasons which do not suggest a lack of commitment on your part to rehabilitation. I have received a presentence report. Significantly, the report indicates that your engagement with respect to the supervision imposed on you by the sentence in February has been of “a high standard”. You have been engaging well with various aspects of the supervision. Further, you were recently referred to a neighbourhood house where you were offered a scholarship to study for a certificate in forest operations. You successfully completed this course in a short space of time. You have been assessed as suitable for both community service and further supervision. I also received material from services who provided residential care that confirms that you are making a genuine effort to reform your life.
Your criminal conduct was very serious. It was disgraceful that you were driving at all given your history. Clearly the past sentencing options including community-based orders as well as actual terms of imprisonment did not deter you from driving on this occasion. You clearly knew that what you were doing was wrong because that is why you fled from the police. Your driving was very dangerous and put a number of innocent lives at risk not to mention your own. Both general deterrence and specific deterrence are highly relevant sentencing considerations.
Having said this, I accept it is reasonable to take a view of your commitment to rehabilitation which is consistent with that taken by the other judge. Your progress on that order to date would indicate that you have in fact made this commitment and are following through with it. If you can successfully reform, then this will be the most effective way of protecting the community in the future. I will give you that opportunity by imposing a wholly suspended sentence but I warn you that if you decline to embrace it fully, and in particular commit further offences, then you can expect both the activation of the suspended sentences and the infliction of further punishment. That will certainly be the case if you are brought back before me. In assessing the length of the suspended sentence, I will take into account totality. Both community service and supervision will be conditions of suspension. The orders I make are as follows:
- You are convicted of the crime and the offences to which you have pleaded guilty;
- For the crime of dangerous driving and the offence of disqualified driving, you are sentenced to a global term of 18 months imprisonment. The whole of this sentence will be suspended for a period of 18 months on the following conditions:
- i that you are not to commit another offence punishable by imprisonment during that period.
- ii that you will perform community service for a period of 175 hours. The court notes that the sections referred to in s 24(5A) of the Sentencing Act apply to this condition. For the purpose of those provisions:
- (a) you must report to a probation officer at the office of community corrections in Launceston within three clear days of today and
- (b) the operational period of the order is 18 months.
- iii that you will be subject to the supervision of a probation officer. You must comply with this condition for a period of 18 months. That period will commence from today. The court notes that the conditions referred to in s 24(5B) of the Sentencing Act apply to this condition. These include that you must report to a probation officer in Launceston within three clear days of today. In addition to the core conditions the order also includes the following special conditions:
you must, during the operational period of the order,
- attend educational and other programs as directed by the court or a probation officer;
- submit to the supervision of a probation officer as required by the probation officer;
- undergo assessment and treatment for drug dependency as directed by a probation officer;
- submit to testing for drug use as directed by a probation officer;
- undergo assessment and treatment for alcohol dependency as directed by a probation officer;
- submit to testing for alcohol use as directed by a probation officer;
- submit to medical, psychological or psychiatric assessment or treatment as directed by a probation officer;
- attend, participate in and complete the EQUIPS addiction program as directed
- You are disqualified from driving for one year. That period will commence from today.
- For the remaining offences, I impose no further punishment.