STATE OF TASMANIA v STEPHEN JOHN DOUGLAS 30 MARCH 2021
COMMENTS ON PASSING SENTENCE ESTCOURT J
The defendant Stephen John Douglas, aged 51, has pleaded guilty on indictment to one count of dangerous driving, contrary to s 172A of the Criminal Code. I have also agreed pursuant to s 385A of the Code for this Court to hear and determine charges for two summary offences, driving whilst disqualified and using an unregistered motor vehicle (counts 2 and 3 on complaint 52467/2020), to which he has entered pleas of guilty through counsel.
On 20 May 2020 at approximately 2 am, Constables Chisholm and Boultbee were tasked to attend Benny Street Latrobe, in regards to a suspicious vehicle in the area.
The two officers entered Benny Street, Latrobe, within a few minutes. As they turn there into Clayton Court, a maroon Ford Falcon driven by the defendant accelerated towards their police car. The Ford, on the incorrect side of the road, was driven directly at them, with no headlights on.
When it was within approximately 1 metre or so of the police car, it swerved away, mounting the footpath. The officer driving needed to swerve and brake heavily, to avoid a collision.
The vehicle turned left into Benny Street and accelerated away, causing the tyres to lose traction and emit smoke. The vehicle accelerated along Benny Street, to approximately 100km/hr in the 50 km/hr zone.
The vehicle turned into Percival Street without indicating. It then travelled at excess of 100km/hr along Percival Street, turning the headlights on and off as it travelled. Constable Chisholm estimated the vehicle to be travelling at approximately 150km/hr on Percival Street.
The vehicle approached the intersection of Gilbert Street, the main street in Latrobe, and continued at high speed, through the intersection, failing to give way.
Police then lost sight of the vehicle, as it approached the Bass Highway.
The defendant was disqualified from driving and the vehicle was unregistered.
The defendant was arrested on 10 June 2020 and has remained in custody since then.
The Crown submits that the defendant has an appalling traffic history for over two decades including 13 counts of driving while disqualified, 4 for driving in a negligent and/or reckless manner and evading police, and a dangerous driving. While personal deterrence must feature strongly in sentencing considerations, the defendant is not, of course, to be sentenced for his record.
The defendant attended school to Year 9 and has an acceptable level of literacy. He has obtained further trade qualifications by way of forklift and front-end loader tickets and machine licences on previous occasions when he has served periods of imprisonment; however, he has had limited success in utilising these skills due to being prohibited from driving. He last held significant employment in approximately 2002.
The defendant has ten children in total to a number of previous relationships, with ages ranging from five to 32. He maintains contact with them as his circumstances permit and he also has five grandchildren. He is currently in a relationship and anticipates residing with his girlfriend upon his release.
He reports a longstanding history of illicit drug use, which is evident in his record of prior convictions. He has previously managed periods of abstinence, including eight years on the Suboxone program, and a period of approximately three years when he and his then-partner had the care of their children. He has abstained from drug use whilst in custody and wishes to continue in those efforts upon his release.
The defendant’s counsel Ms Ker accepts that the dangerous driving is in some respects a serious example of the crime, noting that the offending occurred at night and involved driving in circumstances of limited visibility. But she says, it may distinguished from more serious examples of dangerous driving, in that it was of a relatively short duration and occurred at a time at which the risk of other vehicles being on the road was minimal.
I accept those submissions save that what the crime lacked in duration it made up for in high speeds, and danger to police in driving directly at the police car without lights.
In all of the circumstances, the defendant is convicted of dangerous driving, driving whilst disqualified, and using an unregistered motor vehicle and I impose a single sentence of two years and six months’ imprisonment backdated to 10 June 2020. The defendant is not to be eligible for parole until you have served half of that sentence.
I regard it as counter-productive to impose any further period of disqualification. The defendant may well with his resolve to cease drug use and obtain employment, be amenable to employment with the skills that he has if he were able to regain his licence at the end of his current periods of disqualification next year.