STATE OF TASMANIA v LUKE ELI JACKSON 24 MARCH 2022
COMMENTS ON PASSING SENTENCE JAGO J
Mr Jackson you have pleaded guilty on indictment to one count of aggravated burglary, five counts of stealing, three counts of stealing a firearm or firearm part and one count of trafficking in firearms. The total value of property you stole relevant to the charges on the indictment is $259,737. Additionally, you have pleaded guilty to a very large number of offences on complaint. I will deal with those matters pursuant to s 385A of the Criminal Code. You have pleaded guilty to 11 counts of destroying property, seven counts of injuring property, 16 counts of trespass, 10 counts of motor vehicle stealing, seven counts of burglary, 14 counts of stealing, seven counts of unlicensed driving, one count of evade a police (simpliciter), six counts of evade police (aggravated circumstances), two counts of possessing a firearm when not the holder of an appropriate firearm licence, two counts of failing to take precaution to ensure the safekeeping of a firearm, one count of possessing ammunition when not the holder of an appropriate firearm licence, one count of failing to take precaution to ensure safekeeping of ammunition, one count of possessing a controlled plant and one count of possessing a smoking device. The value of the thefts to which you have pleaded guilty with respect to the summary matters is in excess of $125,000. In total then you have stolen in excess of $384,737 worth of property. Additionally, you have caused thousands of dollars in damage to people’s homes and businesses. Objectively, this is a very serious example of a criminal offending. All of these crimes and offences occurred between December 2020 and April 2021. At the time of the offending you were aged 34.
The first offence occurred on 10 December 2020. You smashed the windscreen of a motor vehicle parked at a private residence. The damage to the windscreen was $500 (complaint 51473/21). Between 21 December 2020 and 22 December 2020 you entered Delta Hydraulics as a trespasser by way of cutting a fence on the western side of the property (count 1 and 2 complaint 51474/21). You stole a Nissan Navara motor vehicle from the business (count 3 complaint 51474/21). The motor vehicle was valued at $3000. Later that same night you entered as a trespasser a business known as Nutrients Storage by forcing open a gate at the entrance of the property. The gate was destroyed in this endeavour (count 4 and 5 complaint 51474/21). You stole from Nutrient Storage a Jayco caravan that had been stored there. You used the Nissan Navara you had previously stolen to drive the caravan away from the property. This is count 1 on the indictment. The caravan was valued at $46,500. Both the vehicle and caravan were subsequently recovered but had been damaged and could not be returned to their owners in their original condition.
Between 2 January 2021 and 3 January 2021 you entered as a trespasser a business known as Ulverstone 4×4 Wreckers. To gain entry to the yard you cut a section of chain-link fence (count 5 and 6 complaint 51475/21). The back door of the office area of the business had been left unlocked. You entered intending to steal and thus committed burglary (count 3 complaint 51475/21). You stole from the business a large quantity of property including a welder, three socket sets, a ring spanner set, a Jet spray gun, a hammer drill, three angle grinders, a reciprocating saw, three impact wrenches, a torch, a charger, six batteries, two alpine speakers, two fire extinguishers, a gas bottle and a soldering iron and charger. The value of the property was $10,000 (count 4 complaint 51475/21). You also stole two motor vehicles from the Ulverstone 4×4 Wreckers compound. They were a Toyota Hilux valued at $10,000 and a Mitsubishi Pajero valued at $6,000 (count 1 and 2 complaint 51475/21). The two stolen motor vehicles were subsequently recovered with the assistance of one of your associates.
On 18 January 2021 police observed you driving a motor vehicle. You were unlicensed, and you remained unlicensed throughout the entire period of the offending. They activated their lights and sirens and indicated for you to pull over. You initially slowed and pulled to the side of the road but then accelerated quickly away from police, executing a number of quick turns in order to avoid police. This behaviour amounts to the offences of evading police and drive whilst not the holder of a drivers licence (complaint 51476/21).
Overnight on 23-24 January 2021 you entered as a trespasser a business known as Breens Bodyworks in Youngtown by way of cutting a panel from a cyclone fence which surrounds the property (count 1 and 2 on complaint 51477/21). Damage to the fence was estimated at $2,000. You stole from Breens Bodyworks a Toyota Landcruiser valued at $70,000 (count 2 on the indictment). That vehicle was subsequently recovered by police in a bush track near Burnie. The vehicle had sustained minor damage. Whilst you were in possession of that vehicle you drove it to a business called Coastal Marine at Somerset. Again, you cut a section of fence and entered the yard of the premises (count 2 and 3 complaint 51478/21). You towed from the premises a Jayco Starcraft caravan valued at $54,300 (count 3 on the indictment). The Jayco caravan was subsequently recovered by police. It had been modified. Some lettering had been removed. The roof and side awning had been spray painted with a camouflage colour scheme and a surveillance camera had been attached to it. The caravan had been fitted with false registration plates. The modifications to the caravan meant that it could not be returned to the owner in its original state. This caravan had particular sentimental value to the owner and your theft of it caused her considerable distress.
Overnight on 27-28 January 2021 you entered a property at Highclere as a trespasser and stole diesel fuel from some earth-moving equipment that was stored on the property (count 1 and 2 complaint 51479/21).
On the evening of 28 January 2021 police saw you driving a motor vehicle which they believed to be stolen. They activated their lights and sirens to indicate for you to pull over. You did not, but instead drove away at speeds of approximately 100 km/h in a residential area. You overtook vehicles on the incorrect side of the road. A liquid, believed to be the contents of a fire extinguisher, was sprayed from the vehicle (presumably by your passenger) in an endeavour to obstruct the view of police. You committed the offence of evading police in aggravated circumstances given you were driving a stolen motor vehicle (count 3 and 4 complaint 51480/21). The vehicle was subsequently found on West Mooreville Road. To get there, you had driven the vehicle through a number of private farming properties causing various damage to a number of gates and fences along the way (count 1 and 2 complaint 51480/21).
Overnight on 28 January 2021 you stole from a private residence at Stowport, a Mitsubishi Triton motor vehicle. The vehicle had been left unlocked and keys were in the ignition. The vehicle was valued at approximately $40,000 (complaint 51481/21). Police subsequently observed this vehicle at a residence in Payne Street, Acton. Police endeavoured to intercept the vehicle. You reversed the vehicle quickly out of the driveway, narrowly missing a police officer. You then proceeded to drive the vehicle at speed through Acton and out onto the Ridgley Highway. Police followed for a period but then lost sight of the vehicle as it was travelling south on the Ridgeley Highway (count 1 and 2 complaint 51482/21). This vehicle was subsequently recovered in Devonport. It had been fitted with false registration plates. A forensic examination linked it to you.
Overnight on 1-2 February 2021 you entered a motor vehicle that was parked in a truck yard in Spreyton. You stole from the vehicle a large number of items including shoes, bags, diving and sporting equipment, a helmet, gloves and a mountain bike. The property stolen was valued at $6,000 (count 1 and 2 complaint 51483/21).
Overnight on 1-2 February 2021 you also entered as a trespasser a business known as Devonport Concrete Supplies. You gained entry by cutting the wire fencing which surrounded the property (counts 4 and 5 complaint 51484/21). Once inside the property you entered a truck which had been left unlocked. This amounts to the offence of burglary (count 1 complaint 51484/21). You stole from the truck a hi-vis jacket, jemmy bar and claw hammer. You then used the jemmy bar and hammer to force open the rear door of the main office. You searched through drawers and stole padlocks and keys that accessed other sites on the property. The property stolen was valued at $200 (counts 2 and 3 complaint 51484/21).
In the early hours of 2 February 2021 you broke into a business known as Build Tech Supplies. You gained entry by cutting an external fence (count 2 complaint 51485/21). Once inside you stole a white Holden Rodeo valued at $4,000 (count 1 complaint 51485/21). You drove the vehicle from the property by cutting further fences allowing you to exit with the vehicle via the back of the premises. The vehicle was subsequently located in a nearby orchard. Your entry to the orchard amounts to a trespass charge (count 3 complaint 51485/21).
On 2 February 2021 you entered a business known as Northwest Off-Road by again cutting a number of holes in the surrounding fence. It seems nothing was stolen. Your behaviour amounts to trespass and injure property (complaint 51486/21).
In the early hours of the morning of 2 February 2021 you stole a red Ford Courier motor vehicle from where it was parked in Spreyton. You used a screw driver to start it and drove it away. The vehicle was valued at $2,200 (complaint 51487/21). The vehicle was subsequently recovered by police.
In the early hours of the morning of 4 February 2021 you entered as a trespasser a business known as Spaulding’s Drilling, again by cutting the wire fence surrounding the business. From the yard you stole fishing rods, a tackle bag, lures and a fuel tank valued at $2,000 (counts 2, 3 and 4 complaint 51488/21). You also stole from the business a blue Toyota Landcruiser. The vehicle was valued at $6,000 (count 1 complaint 51488/21). The vehicle was subsequently recovered by police but its appearance had been altered and it had sustained approximately $2,000 worth of damage. It could not be returned to its owner in its original state. Forensic examination linked the motor vehicle to you.
Sometime between 4 February 2021 and 8 February 2021 you entered premises at 103 Pardoe Road, Wesley Vale by way of cutting a wire fence which surrounded the property (counts 2 and 3 complaint 51489/21). You removed registration plates from a vehicle which was parked there (count 1 complaint 51489/21).
Overnight on 14 February 2021 you entered as a trespasser a business known as Storage City in Spreyton. You gained entry by cutting a section of the fence which surrounded the property (counts 5 and 6 complaint 51490/21). Once inside the premises you forced entry to a late model Jayco caravan which was stored there. Initially you attempted to enter via the main door causing damage to the lock, you then smashed a side window (count 2 complaint 51490/21). You stole from the caravan a television (count 4 complaint 51490/21). You also cut the straps from a caravan cover and forced the lock on a second caravan being a Coromal Seka caravan (count 1 complaint 51490/21). You stole from that caravan a frypan, power lead, mugs, towels, vacuum cleaner and assorted toiletries valued at $550 (count 3 on complaint 51490/21).
Sometime between 5 and 6 February 2021 you entered as a trespasser the property known as Kart Magic at Latrobe by cutting two large holes in the fence surrounding it (counts 1 and 5 complaint 51491/21). You also cut the fence and entered into the adjacent business known as the Hartz Building (counts 2 and 4 complaint 51491/21). It seems you were looking for fuel. Nothing was taken from the first two businesses. You entered a third business known as Midlands Tractors (count 6 complaint 51491/21). You cut a padlock from a caged compound within those premises and stole a 20 litre fuel drum of unleaded petrol (count 3 complaint 51491/21).
Overnight on 5 February 2021 you entered as a trespasser business premises known as Nutrient Water in Latrobe. Again, you gained entry by cutting the fence that surrounded the property (counts 1 and 2 complaint 51492/21). Once in the premises you broke a window and entered into a transportable building which was used as an office. You stole a set of keys from within the office (count 3 on complaint 51492/21). You then used those keys to steal a Toyota Hilux utility valued at $45,000 (count 4 on indictment). The damage you caused to the fence and window cost approximately $1,800 to repair. You drove away in the stolen Toyota Hilux motor vehicle, and continued to use that motor vehicle until 23 April 2021. On that date police located you at a campsite in a forestry area near Loyetea. Upon police arrival however, you fled the area on foot. The Toyota Hilux was recovered by police. It had sustained significant damage and a number of alternations had been made to it, meaning it could not be returned to its owner in its original condition. Police were unable to locate you after you had fled.
Between 12 February 2021 and 15 February 2021 you stole a quantity of diesel from the fuel tank of a vehicle that was parked on Creamery Road in Sulphur Creek. You also stole the registration plates from that vehicle (complaint 51493/21). You stole a second set of registration plates from another vehicle parked in a vacant paddock at Ridgeley (complaint 51494/21).
At approximately 10.10pm on 15 February 2021 police observed you driving a motor vehicle. They conducted checks and it was revealed the registration plates on the vehicle did not match. Whilst police were conducting the registration checks you pulled the vehicle over apparently to collect a female standing on the side of the Bass Highway. She entered the vehicle. Police activated their lights and sirens indicating for you to remain there. You did not do so, but accelerated away for a short period before stopping to allow the female that had entered the vehicle to exit. The vehicle then accelerated away quickly travelling via various on and off ramps to make interception by police difficult. Police lost sight of the vehicle on the Bass Highway. This behaviour encompasses charges of drive whilst not the holder of a driver’s licence and evade police (aggravating circumstances), as the vehicle you were driving was stolen (complaint 51495/21).
On 26 March 2021 you entered farmland known as Costa Berries by way of cutting the side fence. You then drove through the farmland in order to access some neighbouring land. This behaviour was captured on CCTV footage. It amounts to the offences of trespass and injure property (complaint 51496/21).
Between 4 and 7 April 2021 you entered as a trespasser, property at Cradle Mountain Road, Miena. You gained entry by cutting a padlock from a gate and forcing an internal gate. You entered the premises intending to steal thus committing the crime of aggravated burglary (count 5 on indictment). You cut wires to security cameras and phone lines at the premises and proceeded to steal a vast quantity of property including a Yamaha Grizzly Limited Edition 4-wheeler motor vehicle valued at approximately $18,000 (count 1 complaint 51497/21), and a red Honda 250 CRF motor vehicle valued at $8,000 (count 2 complaint 51497/21).
You also stole a considerable quantity of other tools, namely 6 chainsaws, a generator, a television, a sound bar, a motor cycle and a 4-wheeler, various batteries, a drone, a blue trailer and two firearm safes and ammunition. The total value of the property you stole was $40,937 (count 6 on indictment). The gun safes were located inside the main residence. The gun safes were ripped from the wall where they were attached by using a snatch strap attached to a vehicle. In doing this considerable damage was caused to the wall as the gun safe was pulled from the residence. Damage was also caused to the sliding door and bedroom window as the safes were dragged from the residence. The total value of damage caused was approximately $10,000. The gun safes contained three firearms, namely a Harrington and Richardson Arms Company 410 gauge shotgun, a Baikal .22 rim fire rifle and a Norinco .22 long rifle and various quantities of ammunition. The theft of the three firearms are counts 7, 8 and 9 on indictment.
On 13 April 2021 when police were investigating unrelated matters, they discovered the Harrington and Richardson Arms Company 410 gauge shotgun at a residence in East Devonport. The stock and barrel of the firearm had been modified and it had been shortened. You had at some point disposed of this firearm you had stolen to another unidentified person. This amounts to unlawfully trafficking in firearms (count 10 on indictment).
By this time, a thorough police investigation including a number of forensic investigations had linked many of the thefts that had been occurring to you. Police were actively looking for you. On 10 April 2021, police observed you driving a stolen motor vehicle in Devonport. They endeavoured to intercept you. You drove away from them at high speeds, travelling through residential areas in your journey. Police lost sight of you. You were unlicensed at the time of driving. This behaviour amounts to the offences of evading police in aggravated circumstances and drive whilst not the holder of a drivers licence (complaint 51498/21).
On 13 April 2021 police again observed you driving a stolen motor vehicle. They again endeavoured to intercept you. Once again you avoided police by driving away at high speed, overtaking multiple vehicles in the process (complaint 51499/21).
Police observed you driving a stolen motor vehicle on 21 April 2021. Again police made attempts to intercept you by activating their lights and sirens. You travelled at high speeds through various forestry roads, ramming a number of gates open in the process to enable you to gain access to escape routes. Police lost sight of you. Shortly after they again observed you travelling on Natone Road. Further endeavours were made to intercept you, but again you evaded police and fled into the area of Loyetea Road, where police lost sight of you yet again. Again this behaviour amounts to evading police in aggravated circumstances and driving whilst not the holder of a drivers licence (complaint 51501/21).
On 22 April 2021 you stole a motor vehicle from a residence at Marshalls Bridge Road, Gunns Plains. The vehicle was a white 2000 Mitsubishi Challenger valued at $3000. The vehicle had a large number of tools in it when you stole it. The value of the tools was approximately $6,000 (count 1 and 2 complaint 51502/21).
On 23 April 2021 an extensive land and air search was conducted by police. Police located you at a campsite in a forestry area near Loyetea. When police found you, you were carrying a bag that contained one of the firearms that had been stolen from the property at Cradle Mountain Road. Police called for you to stop. You dropped the bag and fled into bushland. At your camp site police discovered the stolen Jayco Starcraft caravan and the stolen Toyota Hilux. The Toyota Hilux had false registration plates affixed to it and had sustained multiple areas of damage. There had been attempts to disguise the Toyota Hilux vehicle by removing the Nutrient Water signage from it and spray painting the bull-bar a different colour. The Baikal .22 rim fire rifle and the Norinco .22 long rifle and some ammunition were located in the Jayco caravan. Your possession of the firearms in this unsecured state gives rise to the firearm charges on complaint 51503/21.
Later that same day police found you at a residence in Charles Street, Devonport. You were arrested and taken to the Devonport Police Station. You were in possession of a smoking device and a small quantity of cannabis (complaint 51504/21). You were interviewed. You essentially admitted all of the behaviour I have just outlined and were cooperative with police.
You told police you stole the vehicles and caravan so you had somewhere to live. You said you had been living on the streets, had seen the caravan and had taken it taken it out into the bush to stay in because you “had had enough”. You admitted entering a number of business premises by way of cutting fences. You said you wanted to obtain four wheel drive vehicles so you could “go out bush”. You told police that you had been involved in a kidnapping incident, and that you no longer felt safe in town. You told police that you wanted to “go bush” and essentially hide away. You made admissions to the driving offences and to evading police. You said you did not wish to be apprehended by police. You admitted that after some of the incidents where you had evaded police, you disposed of the vehicle you were in and obtained another motor vehicle. You admitted swapping registration plates on some of the vehicles. You said you took the food and household items from the caravan so as to be able to survive. You made similar comments about stealing fuel. You said that some of the motor vehicles you had stolen “got stuck” in bushland and you could not free them, so you stole another motor vehicle. You admitted to changing the appearance of some of the motor vehicles. You admitted to trying to camouflage some of the motor vehicles and caravan when you became aware police were using a helicopter to look for you.
In respect to the substantial theft from the property at Cradle Mountain Road, you said you made a total of three trips to remove all the property you stole. You admitted to selling some of the stolen property. You said you did not know the whereabouts of the third firearm. You admitted giving that firearm to another person, but refused to disclose who it was. You said the motorbikes you stole from the Moina Road property you had sold for cash. You had spent the money you received on drugs, food and petrol. You admitted using one of the stolen firearms to shoot some glass bottles. You agreed you did not have a firearm’s licence.
The admissions you made to police were comprehensive, although I note you would not tell them to whom you had given the third firearm. On 24 April 2021 you accompanied police to a number of locations in rural areas across the North West coast and assisted them in recovering some of the property you had stolen.
You have been in custody since your arrest on 23 April 2021. You will turn 36 in 3 days’ time. You have many prior convictions in a number of jurisdictions including Tasmania, Queensland and New South Wales. It seems your offending started when you were a youth and essentially you have been committing crimes of dishonesty ever since. You have not been imprisoned in Tasmania, but you have been sentenced to periods of imprisonment in both Queensland and New South Wales. In 2006 you were sentenced to a drug treatment order in Queensland. It seems you successfully graduated from that program, but your success was short-lived. In 2009 you were sentenced to a three year period of imprisonment by Ipswich District Court for matters of dishonesty. In 2018 you were sentenced to a five year period of imprisonment for a large number of dishonesty offences. In New South Wales in 2013 you were sentenced to a two year period of imprisonment for offences of dishonesty, and also an offence described as “not stopping police pursuit – driving dangerously”. This seems somewhat akin to our charge of evading police. You have also been sent to prison in New South Wales for dealing with property suspected as proceeds of crime.
Your prior convictions are reflective of a chaotic lifestyle characterised by a long-term drug addiction. I am told you have grappled with drug addiction since your early teens, and your criminal offending is linked to that. You had undoubtedly a most difficult upbringing, and it seems, sadly, you are a product of that upbringing. You have been living on the streets from a very young age and have been forced to raise yourself. You have no family support. Your father is unknown to you. Your mother suffers from significant mental health issues and has not been present in your life. You spent time at Ashley Detention Centre as a youth. You were sexually abused there. You have never come to terms with that. I am told you are currently pursuing compensation through the redress scheme. Your drug addiction has led to you associating with people in the drug trade. I am told in late 2020 you were kidnapped as a consequence of your involvement with drugs. You were badly assaulted and tortured. Your absence was reported to police. Eventually you were able to escape your kidnappers, but because of what happened to you, you did not trust anyone and wanted to hide away. You stole the caravans in order to “go bush”, and hide from these people. I am not told whether any charges have been laid as a consequence of your kidnapping. It seems drugs have defined your life. You have tried to overcome your drug addiction at times, as evidenced by your participation in the drug treatment order in Queensland, but it seems it has been without any long-term success.
The magnitude of your criminal conduct is immense. You have caused a lot of damage, harm and loss to a lot of people. I have considered the victim impact reports provided on behalf of some of the complainants. They speak to the trauma, loss and inconvenience they have experienced as a consequence of your crimes. A considerable amount of time, energy, and resources were expended by Tasmania Police in the investigation of your criminal spree. Even without the involvement of the firearms, these were very serious crimes amounting to a gross invasion of the personal and property rights of the various owners. The properties you entered were both business premises and private homes. Breaking into another person’s home involves a terrible breach of privacy and intrusion into the sense of security home owners are entitled to enjoy. It undoubtedly causes distress to the victims and is of concern to the broader community. Many of the homes and businesses you targeted were in outlying areas, making them easy targets. Crimes like that require substantial penalties with a view to deterring others who may be minded to do likewise.
The theft of the firearms, and your trafficking of one of them adds considerably to the gravity of your criminal conduct. The crime of stealing a firearm was created as a response to community concern about firearm offences, especially stolen firearms and their association with crimes of dishonesty and violence. Stolen firearms are notoriously the subject of trade and use by criminal elements, and as such the theft of firearms is a matter regarded with great concern by the community. You provided one of the firearms to another person and once you had done so, you had no control as to the manner in which it might be used. That is why, trafficking in firearms is always a serious matter. Fortunately, here all of the stolen firearms have been recovered. Much of the other property stolen by you, however, has not been recovered, or, if it has, it was recovered in a state of disrepair and could not be returned to the owners. As I said, you have caused an awful lot of loss, grief and harm to others by way of your criminal conduct. I consider it aggravating that some of the property you stole was sold so you could purchase drugs. Drug-related property crime is a serious community problem. The courts must respond strongly to those who think it is acceptable to steal from others in order to fund a drug addiction. Some of the driving behaviour associated with the evade police charges is also serious. You drove at high speeds through residential areas, overtaking vehicles on the incorrect side of the road and sometimes for a considerable distance. You exposed other road users, and the police who had to make the difficult decision of whether to pursue you or allow you to flee, to the risk of considerable harm.
It does count in your favour that you have pleaded guilty to all of these matters and have co-operated with police. It would have been a long and complicated trial, and your co-operation with police and your pleas of guilty have saved considerable court time and facilitated the course of justice.
The level of criminality and the amount of property stolen means the only appropriate penalty is a substantial period of imprisonment. In determining the length of imprisonment, I bear in mind principles of totality given the number of crimes for which you are being sentenced. The sentence must be commensurate with your overall criminality, whilst not being so harsh as to crush any sense of hope for the future.
I make the following orders:
1 You are convicted of all matters to which you have pleaded guilty.
2 On the following matters there will be no further order : complaint 51504/21; complaint 51503/21; count 2 complaint 51476/21; count 3 complaint 51480/21; count 1 complaint 51482/21; count 1 complaint 51495/21; count 1 complaint 51498/21; count 1 complaint 51499/21; count 1 complaint 51501/21.
3 On all other matters (save for the evade police charges which I am required to sentence separately) I will sentence globally. You are sentenced to a period of 5 years’ imprisonment, backdated to commence on 23 April 2021 when you went into custody. I order that you not be eligible for parole until you have served one half of that sentence.
4 On count 1 complaint 51476/21 (evade police simpliciter), you are sentenced to 2 months’ imprisonment, cumulative to the period of 5 years’ imprisonment I have just imposed. I order that you not be eligible for parole until you have served one half of that sentence. You are disqualified from holding or obtaining a driver’s licence for a period of 12 months from the date of your release from prison.
5 On count 4 complaint 51480/21 (evade police aggravated circumstances), you are sentenced to a period of imprisonment of 3 months, cumulative to the other periods of imprisonment I have imposed. I order that you not be eligible for parole until you have served one half of that sentence. You are disqualified from holding or obtaining a driver’s licence for a period of 2 years cumulative to the disqualification period imposed on count 1 complaint 51476/21.
6 On count 2 complaint 51482/21 (evade police aggravated circumstances), you are sentenced to imprisonment for 3 months, cumulative to the other periods of imprisonment I have imposed. I order that you not be eligible for parole until you have served one half of that sentence. You are disqualified from holding or obtaining a driver’s licence for a period of 2 years. That period of disqualification will operate concurrently with the other periods of disqualification I have imposed. In my view, to impose an order which disqualifies you from obtaining a licence for a period in excess of three years following your release from a lengthy period of imprisonment is unduly harsh and severely limits future prospects of employment and rehabilitation.
7 On count 2 complaint 51495/21, you are sentenced to a period of 3 months’ imprisonment. This period of imprisonment will be served concurrently. You are disqualified from holding or obtaining a driver’s licence for a period of 2 years to operate concurrently with other disqualification orders.
8 On count 2 complaint 51498/21, you are sentenced to a period of imprisonment of 3 months. This period of imprisonment will also be served concurrently. You are disqualified from holding or obtaining a driver’s licence for a period of 2 years to operate concurrently with other disqualification orders.
9 On count 2 complaint 51499/21, you are sentenced to a period of imprisonment of 3 months. This period of imprisonment will be served concurrently. You are disqualified from holding or obtaining a driver’s licence for a period of 2 years to operate concurrently with other periods of disqualification.
10 On count 2 complaint 51501/21, you are sentenced to a period of imprisonment of 3 months. This period of imprisonment will also be served concurrently. You are disqualified from holding or obtaining a driver’s licence for a period of 2 years to operate concurrently with other periods of disqualification.
For the purpose of s 92A(3) of the Sentencing Act 1997, I specify that the total term of imprisonment that you are liable to serve for all of the above sentences is five years and eight months commencing 23 April 2021. The total period you must serve before you become eligible for parole is the aggregate of the non-parole periods relating to the said sentences which is a total period of two years and ten months. The total driving disqualification is three years commencing from the date of your actual release from prison. Your licence is cancelled.
I make the following compensation orders:
- In favour of RACT Insurance in the sum of $46,000;
- In favour of CGU Insurance in the sum of $72,000;
- In favour of Steadfast Group Ltd in the sum of $53,500;
- In favour of Nutrient Water in the sum of $1800;
- In favour of Global Transport and Automotive Insurance in the sum of $33,960;
- In favour of Sally Cooper in the sum of $500.
I adjourn sine die the claims for compensation by the following:
- Toyota Finance;
- Darren Collins;
- RACT Insurance.