STATE OF TASMANIA v JODIE ESSIE LATHAM ESTCOURT J
COMMENTS ON PASSING SENTENCE 20 SEPTEMBER 2019
The defendant has pleaded guilty to one count of assault and one count of dangerous driving.
On 3 January 2019, Constable Monique Featherstone was on duty and working alone in Glenorchy in a marked police vehicle, when at around 11:25am, she was notified of a possible stolen motor vehicle parked in a car park near Chapel Street.
She made her way to the car park and saw an orange/red coloured Honda CRV. She activated her police car’s emergency lights and parked her vehicle about 2-3 metres behind the CRV. She approached the vehicle and observed three people inside. When she was about 2.5 metres away from the driver’s side window, she observed the accused, Jodie Essie Latham, to be the driver.
Constable Featherstone requested that she get out of the vehicle. She approached the car and opened the driver’s side door, at which the defendant became irate and swore at the police officer. She appeared to be under the influence of drugs.
The defendant then placed the vehicle in reverse and reversed at speed whilst Constable Featherstone was still standing in the door frame. The driver’s door hit Constable Featherstone with force; causing her to spin outwards and away from the vehicle and stumble backwards.
The driver’s side door closed as the defendant tried to get the vehicle into drive without success. Constable Featherstone reached in through the window and turned the vehicle off by pressing the touch button. The defendant turned the vehicle back on and drove towards Constable Featherstone. She swerved towards Constable Featherstone, forcing her to leap away from the vehicle to avoid being hit.
Shortly after, other police saw the defendant driving the CRV east on Chapel Street in an erratic manner. Authority was requested and granted at that point to use vehicle immobilisation devices. The defendant continued driving towards the roundabout at Brent Street, and made a right turn into Brent Street by travelling around the roundabout in the incorrect direction. At the time, the traffic at the roundabout was heavy and a number of vehicles had to stop to avoid a crash.
The defendant continued to drive on Brent Street through another roundabout and drove into Vieste Drive. She increased the speed to approximately 70km/h, in a 50km/h zone.
The vehicle made a left turn into Caversham Road, right into Easton Avenue, right into Sixth Avenue and left into Twelfth Avenue, and continued to drive south along Twelfth Avenue at an estimated speed of 80km/h in a 50km/h zone.
She turned left into Second Avenue and accelerated down the hill. Police, who were about 100 metres behind at the time, observed the vehicle overtake another vehicle which forced the oncoming traffic to take evasive action to avoid crashing with the CRV.
The defendant made a right turn into Fourth Avenue and a left turn into Springfield Avenue, continuing to accelerate, however she was forced to slow down due to congestion caused by heavy traffic.
She continued on Springfield Avenue, towards Main Road. The intersection of Main Road and Derwent Park had heavy traffic at the time and was stopped by a red traffic light. The defendant crossed onto the incorrect side of the road, drove through the red traffic light and continued onto Derwent Park Road.
The defendant drove along Derwent Park towards the Brooker Highway. She continued to drive towards traffic lights at Sunderland Street and Gormanston Road. The lights were red as the defendant approached them; however she failed to stop and drove through. At the time, the traffic flow was heavy and the defendant was driving at an estimated speed of 80km/h in a 50km/h zone.
The police vehicle that was following the defendant disengaged and lost sight of the defendant as she approached the Brooker Highway. Throughout that time that police observed the accused’s driving they noted that she did not use her indicator at any time to signal a change in direction.
Just after 11:30am another police unit was close to the Brooker Highway and was alerted to the accused’s driving by the police radio. They drove down Derwent Park Road towards Main Road Moonah and saw the CRV travelling at speed.
They briefly lost sight of the defendant, who had turned right on the Brooker Highway into Goodwood. They saw the vehicle again as it was travelling towards them on Howard Road. Constable Heald, who was driving the police vehicle, pulled into a driveway on Howard Road. The defendant was still heading towards them, but was stuck behind a truck which she attempted to overtake, unsuccessfully.
As the defendant was forced to slow down as a result of being caught behind the truck, the other police officer travelling with Constable Heald got out of the police car and set up road spikes. The defendant drove over the spikes which damaged three of the tyres.
The defendant travelled past Bunnings Warehouse on Howard Road. At that time, the three damaged tyres were deflated, meaning the defendant was driving on the rims. Despite that she continued travelling at an estimated speed of 60km/h. She approached the Showgrounds and attempted to overtake a vehicle in front of her, before turning right into the Showgrounds to avoid police.
The defendant stopped a short distance inside the Showgrounds, stopped the vehicle and ran. A second person also ran from the vehicle, indicating that there had been a passenger in the car. A number of police officers chased them for a short distance before they caught up with them.
The defendant was arrested and searched. Police found a small amount of methylamphetamine (0.7 grams) in her back pocket. A further sachet of methylamphetamine (0.4 grams) was located in her handbag in the car.
The defendant was co-operative with police, and was taken into custody. She was interviewed and told police she was sorry if she hurt the police officer. She said she was approached by Constable Featherstone who told her to turn the vehicle off. She did not do as she was told by the police officer, so Constable Featherstone put her hand in the vehicle and tried to stop it. The defendant said she put the car into reverse and the car door hit the police officer. She panicked and claimed she did not know she hit Constable Featherstone. She drove off and admitted that she drove in a dangerous manner to avoid being apprehended by police.
At the conclusion of the interview she was charged, processed and detained for court. She appeared before a Magistrate on 4 of January 2019, and did not make an application for bail. She has been in custody since 3 January 2019, but as a result of other penalties imposed in the Magistrates Court. She has been in custody in respect of these matters only since 3 July 2019.
I have seen a victim impact statement from Constable Featherstone. As a result of this incident she was hit to the side of her body and suffered a whiplash injury. This has caused ongoing pain and discomfort. She has had difficulty turning her head to the right and has suffered regular headaches often for four days in an average week. On one occasion she fainted because of the pain and almost did on a couple of other occasions. She needed physiotherapy, she has also had difficulty sleeping because of the neck pain. She had to give up playing sport and going to the gym because of the injury for a period of around four weeks. Her confidence at work was badly affected and she did not drive for the first two months back at work. She was also reluctant to work alone. She was surprised that the defendant would do this to her as she thought that she had developed a rapport with the defendant.
The defendant is 46 years old and has a long record of prior convictions for driving and drug offences as well as motor vehicle stealing, assault and abusing, threatening and resisting a police officer. She has however, no prior convictions for offences similar to these matters and I observe that whilst dangerous driving is now an indictable offence and is dealt with harshly by the Court, this is a first offence for that crime.
The defendant has had a troubled life and has encountered violent partners and indeed was in a violent relationship at the time of these offences. She has eight children aged 16 to 30. She has had significant alcohol and drug problems although in the past she has been drug free for periods. She was not initially aware that the door had struck Constable Featherstone. She is endeavouring to address her drug problems and intends to continue to do so. Although the assault was reckless as opposed to deliberate or intentional, and although the dangerous driving is not the worst of its kind, these are nonetheless two serious offences and police officers must be protected in the execution of their duty and the public must be protected from dangerous drivers who are a threat to their safety and their lives. There are no mitigating circumstances beyond the defendant’s plea of guilty and her co-operation with police and expressed remorse. I take account however of the principles as to totality in sentencing given the fact that I am sentencing for two crimes and given the fact that the defendant has recently completed serving a not insignificant sentence of imprisonment imposed in the Magistrates Court.
The defendant is convicted on both counts and I impose a single sentence of two years’ imprisonment, backdated to 3 July 2019. The defendant is not to be eligible for parole until she has served half of that sentence. She is disqualified from holding or obtaining a driver’s licence for a period of three years from her release from prison.