STATE OF TASMANIA v HAYDEN JOEL LARNER 10 DECEMBER 2020
COMMENTS ON PASSING SENTENCE BRETT J
Mr Larner, you have pleaded guilty to one count of dangerous driving. As we have just heard, you have also pleaded guilty to a number of summary offences arising out of the same course of driving. In particular, a breach of bail conditions by driving a motor vehicle, evading police (aggravated circumstances), unlicensed driving, and driving an unregistered motor vehicle and a motor vehicle without appropriate insurance cover. I am dealing with the summary offences pursuant to s 385A of the Criminal Code.
You committed the crime and offences at Primrose sands on 2 April 2019 in the early afternoon. You were not entitled to be driving. You were unlicensed and you were subject to the bail condition preventing you from doing so. A police officer attempted to speak to you at the local store. However, you drove off on your motorcycle, and when the officer attempted to intercept you by activating emergency lights on the police vehicle, you rode off at speed. You travelled a considerable distance at an estimated speed of 100 km/h in a 50 kilometre zone. After you left the township, you continued at speed along the Arthur Highway and overtook a number of vehicles on a sweeping left-hand corner. You overtook vehicles on both the inside and outside of the lane in which those vehicles were travelling. When you entered Sorell, you overtook and cut in front of a vehicle which was stationary because it was giving way to other vehicles on a roundabout. You did not give way to these vehicles. Police lost contact with you as you were heading towards the Sorell causeway.
You were arrested four days later in Hobart. I have heard that you were granted bail after your arrest, but, for unrelated reasons, you were brought back into custody on 28 September 2020. You have been in custody ever since.
You are 41 years of age. You have a lengthy criminal history which includes among other offending, numerous traffic offences. However, I accept that you have not previously been convicted of dangerous driving or of evading police.
There are some aggravating features to your driving. You travelled at high speed through a 50 kilometre zone which, by definition, is a very dangerous thing to do. You carried out dangerous manoeuvres on a highway, again at high speed and further dangerous manoeuvres in the township, in particular at the roundabout. It is also an aggravating feature that you were driving in a dangerous way in order to evade police, although I note the points made in discussion with counsel, that although a separate sentence will be imposed for the offence of evading police, it is important that you are not punished twice for the same conduct. And you will not be. I note that you did not desist from the driving of your own accord. You effectively were successful in escaping from police, and you were not arrested until some time later. Driving of this nature, and at this level of danger, poses a very considerable risk to the public. On this occasion, there was also risk to yourself and I can infer that there was some risk to the police who were involved in attempting to control your conduct, although I do not think they engaged in a pursuit, at least for any significant period of time. All of these matters mean that general deterrence is an important sentencing consideration. That is clear, in any event from the intention of Parliament which can be inferred from the fact that dangerous driving has been made an indictable crime, and evading police, particularly with aggravated circumstances, has certain requirements with respect to the sentences which are imposed.
In your favour I will take into account your plea of guilty, although it cannot be said to be entered at an early opportunity. However I do accept that it does indicate, at least from the time it was entered, a willingness to co-operate in the administration of justice, and that has practical benefit.
In relation to your background, I have been told you are 42 years of age. You are currently in a relationship. You have children, although I do not think they were living with you, but I accept that you obviously have an interest in the care of those children. I have been told about some very sad and concerning events that have occurred in your life this year, quite recently. I accept that they are relevant in a general way, although they do not reduce the need for general deterrence. I am obviously aware of your psychological/psychiatric history. I take that into account in a general way. I think it will probably impact on your experience of prison, but it is something also that I am satisfied can be adequately dealt with by the prison authorities.
In all of the circumstances I think that this was a relatively serious case of dangerous driving, although I accept that it can be distinguished from other more serious cases. The aspects of driving were perpetrated over a considerable distance and period of time, although I accept that it is not alleged that you were driving dangerously for the whole of that period. It can be distinguished from more serious cases, but, by the same token, it is certainly not in the least serious category, and general deterrence is important. In my view, the requirement, in particular, of general deterrence does require the imposition of a sentence of imprisonment. However, I will moderate that sentence to take into account the matters that I have already referred to and, of course, it will be backdated to the date you went into custody.
The orders I make are as follows:
1 You are convicted of the crime to which you have pleaded guilty.
2 I dismiss count 6 on complaint 3970/19.
3 In relation to the offence of evading police with aggravated circumstances, you are sentenced to a term of imprisonment of four months. That term will be backdated to 28 September 2020. You are not eligible for parole until you have served one half of that sentence.
4 In relation to the crime of dangerous driving, and the other summary offences, I impose a global sentence of 10 months’ imprisonment which will be served cumulatively upon the four month sentence imposed for the evade police offence. You are not eligible for parole until you have served one half of that sentence.
5 In relation to the evade police offence, I impose a driving disqualification of two years which will commence from the date of your actual release from prison. I agree with your counsel that in the circumstances that is an adequate disqualification, and so I decline to impose any further disqualification in respect of the dangerous driving and the other offences.
6 In relation to the evade police offence I also impose a special penalty of $600.
7 For the purposes of s92A (3) of the Sentencing Act 1997, I specify that the total period of imprisonment involved in the sentences that I have imposed is a period of 14 months which will commence on 28 September 2020. The total period you must serve before you become eligible for parole is the aggregate of the non-parole periods relevant to those sentences, which is a period of seven months.