STATE OF TASMANIA v ROBERT EDWARD LOVELL 9 DECEMBER 2020
COMMENTS ON PASSING SENTENCE BRETT J
Mr Lovell, you have pleaded guilty to one count of dangerous driving. You have also pleaded guilty to associated summary offences, in particular evading police, unlicensed driving, driving with an illicit drug in your blood and using a motor vehicle which was not registered and in respect of which the relevant compulsory insurance premium had not been paid.
The crime and offences all arise out of a course of driving which occurred in the early hours of 30 May 2020. Police attempted to intercept the vehicle which you were driving when they observed a problem with the vehicle’s taillights. You responded by accelerating away to an approximate speed of 145 km/h, notwithstanding that you were driving in an 80 km/h zone. You continued to drive along the East Derwent highway until you turned right onto the Bowen Bridge. After crossing the bridge, you travelled on the incorrect side of the road for approximately 1.7 kilometres with the headlights of the vehicle turned off. A police vehicle coming the other way was required to swerve to avoid a collision. You were travelling at a speed of approximately 120 km/h again in an 80 kilometres zone. Although the police vehicle attempted a further interception by operating its emergency lights and sirens, you did not stop and drove away out of sight.
After some time, police located you some distance away. You told the police that you had only stopped because your vehicle had run out of fuel, and you mocked them with respect to their attempts to catch you. The police noted that the vehicle you were driving had a shattered windscreen, which impaired your ability to safely see the road ahead. In total, you had driven a distance of 14.9 kilometres.
You are 24 years of age. Your criminal history demonstrates various offending and includes some traffic offences, although I accept you have not committed offences as serious as this before. You have had a serious drug problem for some time. However, you say that since you committed these offences you have not driven a motor vehicle again and you have ceased drug use. You claim to be committed to rehabilitation. This would seem to be confirmed by information in the Drug Treatment order assessment report.
This is an extremely serious case of dangerous driving. The danger and your culpability is aggravated by the other offending, including that you did not hold a driver’s licence and you were driving with illicit drugs in your body. You placed yourself and others, including police, in great danger. The danger inherent in driving at speed on the wrong side of the road at night in an unlit vehicle is breathtaking. I note that you did not stop driving until your vehicle ran out of fuel. The need for punishment and general deterrence requires a sentence of imprisonment. However, I am persuaded that this is an appropriate case in which to make a drug treatment order. I accept based on material that was included in the drug treatment order assessment report and on your counsel’s submissions, that you have demonstrated a genuine commitment to rehabilitation, and that you have appropriate support to enable you to comply with the onerous demands of this order while living in the community. I note, in particular, that you will have the support of your mother and stepfather and your partner. The custodial period of the order will reflect the seriousness of your criminal conduct. Of course that is the period you will have to serve in prison, if you do not successfully complete the order. In assessing the length of that period, I will take into account that you have already spent a short period of time in actual custody. The penalty for the evade police offence will be included in the custodial period. In my view, such a period does not amount to a general or mixed sentence under s 11 of the Sentencing Act and accordingly the provisions of s 11A(3C) of the Police Powers (Vehicle Interception) Act 2000 do not apply.
Accordingly, I intend to make a drug treatment order. I am satisfied of the following matters:
(a) that you have a demonstrable history of illicit drug use, and that that drug use has contributed to the commission of the crimes for which you are being sentenced;
(b) that were it not for making a drug treatment order, I would have sentenced you to a term of imprisonment, and would not have suspended the sentence either in whole or in part;
(c) that there are no proceedings pending against you in any court for sexual offences or offences involving the infliction of actual bodily harm;
(d) that it is appropriate in all circumstances to make the order and the facilities likely to be used for the treatment and supervision part of the order are reasonably accessible to you;
(e) that there are sufficient staff and resources available to comply with the requirements of s 27B(3)(ba) of the Sentencing Act.
You are sentenced to a drug treatment order. The custodial part of the order will be a term of imprisonment of 18 months. You are not required to serve all or any of the custodial part of the order unless ordered to do so by a court if you do not comply with the conditions of the order. The conditions of the order are as follows:
1 You must not, in Tasmania or elsewhere commit another imprisonable offence.
2 You must attend the Magistrates Court of Tasmania at 10am on 22 December 2020, and thereafter as and when directed.
3 You must report to a court diversion officer at Community Corrections at Highfield House in Hobart immediately after 9am tomorrow.
4 You must undergo such treatment of your illicit drug problem as is specified in this order, and from time to time specified by the Court.
5 You must report to and accept visits from your case manager or court diversion officers.
6 You must, unless there are special circumstances, give you case manager at least two clear working days’ notice before any change of address.
7 You must not leave Tasmania except with the permission granted, either generally or in a particular case by the court.
8 You must comply with all lawful directions of the court.
9 You must comply with all reasonable directions of your case manager and court diversion officers concerns the core conditions and program conditions of this order.
10 The program conditions will be:
(a) you must submit to drug testing as directed by your case manager or court diversion officers;
(b) you must submit to detoxification or other treatment whether or not residential in nature as directed by your case manager or court diversion officers;
(c) you must attend vocational, educational, employment, rehabilitation or other programs, as directed by your case manager or court diversion officers;
(d) you must submit to medical, psychological or psychiatric treatment as directed by your case manager or court diversion officers;
(e) you must not associate with [named persons];
(f) you must reside at [address], and not change that address without prior approval of the court;
(g) you must be at those premises between the hours of 9pm and 7am, unless you have been given prior approval by your court diversion officers to be absent;
(h) you must maintain an operative mobile telephone service and be contactable on that service at all times, and notify CMD of the relevant telephone number and immediately of any change of telephone number;
(i) you must abstain from consuming all synthetic substances, mood and mind altering substances, unidentified substances, and submit to testing as directed by CMD;
(j) you must abstain from the consumption of alcohol, and submit to alcohol testing as required by CMD and/or Tasmania Police;
(k) you are not to use any prescription medication without approval from a general practitioner or court diversion officer;
(l) you must only take prescribed medication in accordance with the directions of your general practitioner.
That is the drug treatment order. The making of that order is conditional upon you entering signing the order.
The final part of the sentence is that you will be disqualified from driving for a period of three years. This disqualification will commence immediately.
This is an opportunity, Mr Lovell, for you to get on top of your drug problem, so I hope you take it, and you should be under no illusions if you do not take it and you do not put the effort in, and it will require considerable effort, then the probability is that you will have to serve that sentence. I wish you well.