STATE OF TASMANIA v CAMERON SCOTT MACDONALD 20 AUGUST 2021
COMMENTS ON PASSING SENTENCE ESTCOURT J
The defendant Cameron Scott MacDonald has pleaded guilty to two counts of dangerous driving . He was aged 39 at the time of this offending. As will be seen, I have also agreed to deal with a number of associated summary offences.
On 25 September 2020 the defendant appeared in the Hobart Magistrates Court on unrelated matters and was admitted to bail for, amongst other things a charge of evading police contrary to the Police Powers (Vehicle Interception) Act 2000. The relevant conditions of bail were that:
- He not drive a motor vehicle. That was the relevant condition of bail.
- He must live at [address] during the period of bail and not change that address without the prior approval of the Court and be there at all times unless in the company of surety Jennifer Anne Goss.
On 5 October 2020 at approximately 10:25am, Tasmania Police were in an unmarked police vehicle in Lindisfarne. The officers observed a Black Mazda 3, registration number FC0458 on Glenelg Street. The Mazda was within approximately 4 metres of the unmarked Police vehicle. The driver was clearly visible and both officers identified him as the defendant. The defendant was wearing a black cap and a black jumper at the time and was the sole occupant of the vehicle.
From Glenelg Street the defendant turned left into Gordons Hill Road and police activated the lights and sirens to intercept the car. The defendant failed to stop and continued along Gordon’s Hill Road towards the East Derwent Highway, accelerating to approximately 70km/hr in the 50km/hr zone.
The defendant proceeded through the roundabout at Beach Road where he lost control of the vehicle and mounted the curb. He regained control and continued towards the East Derwent Highway intersection.
As he approached that intersection, he entered the roadway without indicating and proceeded through dual red traffic lights. He began travelling north on the East Derwent Highway. As a result of his erratic driving, other vehicles had to take evasive action.
He accelerated onto the East Derwent Highway to a speed of approximately 100km/h in a 70km/h zone.
The defendant weaved in and out of traffic from the left lane to the right lane on two (2) separate occasions without indicating. Other vehicles were forced to slow down and avoid him.
As he approached Lincoln Street he proceeded through dual red traffic lights which were active at the time and he continued along the East Derwent Highway until police lost sight of him near the Lowanna Road intersection.
Later that morning at about 11:03am different police officers were on patrol on the East Derwent Highway, Lindisfarne. They officers were looking for the Black Mazda 3 that had evaded police earlier that morning and they observed it entering the roundabout at Gordons Hill Road and Beach Road. The vehicle entered the roundabout without indication and failed to give way to police. The officers identified that the defendant.
The defendant mounted the curb to get passed other motorists and entered onto the East Derwent Highway.
Police followed him and activated their emergency lights and sirens.
The defendant continued accelerating along the East Derwent Highway towards the Tasman Bridge, disregarding the attempts of police to intercept him. He weaved in and out of traffic, failing to indicate on each occasion that he did. Other motorists on the East Derwent Highway had to take evasive action to avoid him.
The defendant was travelling at a speed of approximately 90-100km/h in a 70km/h zone.
At the intersection of the East Derwent Highway and Ronnie Street, the defendant disregarded a red traffic light and continued through the intersection.
Police lost sight of him as he approached the fork in the road to the turnoff to the Tasman Bridge and Tasman Highway.
The defendant was observed by other officers to pull his vehicle off into a gravel verge on the side of the Tasman Highway, adjacent to Bounty Street in Warrane.
A short time later, he was observed running across the Tasman Highway and he was thereafter arrested.
At the time of the driving, the weather conditions were overcast. The road was wet, having rained constantly since the previous morning.
The defendant’s driver’s licence had expired as of 14 March 2020 and as previously noted he was bailed on condition that he was not to drive.
The defendant as I have noted has also pleaded guilty through his Counsel to a number of summary offences on complaint number 8655/2020. They are:
- Four counts of Breach of Bail contrary to section 9(1) of the Bail Act Two of these are in respect to driving the vehicle, two of these are in respect to being absent from his address without his surety which was another relevant bail condition I omitted to set out.
- Two counts of driving whilst not the holder of a driver licence are also on the complaint contrary to section 8(1) of the Vehicle and Traffic Act 1999.
- Two counts of Evading Police contrary to (Aggravated Circumstances) contrary to section 11A(2A) of the Police Powers (Vehicle Interception) Act 2000 for his failure to pull over after police signalled him to do so on each occasion they activated their lights and sirens.
- Finally, one count of Unlawful possession of property contrary to section 39(1) of the Police Offences Act 1935, for at the time of his arrest the defendant had driver licences’, identification cards and bank cards not in his name on his person.
On behalf of the State it submitted and I accept that there are a number of key aggravating factors about the defendant’s conduct:
- He drove to avoid apprehension by police.
- He was subject to bail conditions that prohibited him from driving a motor vehicle.
- He was in breach of his bail conditions as he was absent from his residential address without his surety.
- His drivers licence was expired.
- He fled the car on foot to avoid apprehension by police at the end of the second pursuit.
Having said that the particulars of the two counts of dangerous driving are not the worse that one might envisage for this crime.
In October 2020, the defendant had been contacted by Community Corrections to attend in respect of the pre-sentence report. The date was set for 5 October 2020.
So it was on that morning that he decided stupidly one might comment to borrow a friend’s car and drive to the Glenorchy office to keep the appointment. At the time he drove the vehicle as noted he was unlicensed and subject to a court bail order not to drive. It is put that he was focused on assisting the Community Corrections with the report hoping for a favourable report recommending home detention. That does not provide any reason for him driving when he was twice prohibited from doing so. I am told that he panicked when he saw police as he did not want to be caught and strongly believed that he would be remanded in custody and thus avoid any chance of a positive pre-sentence report.
The defendant after the first incident waited a short time and then decided the best option was to drive the vehicle back to his friend and then reschedule his Community Corrections appointment. It was in the course of this journey that I am told that he again saw police, panicked and drove to avoid arrest.
He has remained in custody since 5 October 2020.
The defendant has had a problematic history of drug use. At the age of 15 he was prescribed morphine for pain relief and that continued. At the age of 16 and for around 10 years, he took the illegal drug amphetamine. In an effort to cease all illegal drug use, he underwent a methadone program at the age of 25 and he ceased amphetamine use. However some 13 years ago he commenced using methylamphetamine and I am told that the use of that drug has been behind his ongoing offending during the subsequent period of time. I am told that he substantially decreased the use of that drug when he moved in with his father who is a retired police officer at the Dulcot.
Approximately one month prior to this offending however, he had been asked to leave his fathers property and gained accommodation at the Henley Street property and it was during this period of time that he separated from his partner and the loss of stable relationship caused him to become anxious and depressed and he commenced using methylamphetamine again.
The defendant I am told regrets his actions. I am told that the first act of driving was spontaneous, and the second act of driving was caused through returning the vehicle to its owner. He accepts that he acted very inappropriately and it said that his illicit drug use at the time may have contributed to the way that he responded to the police officers lawfully trying to apprehend him and I am simply repeating the emphasis on the word may that was used by his Counsel in his plea in mitigation.
The defendant has a reasonably good industrial record and is certainly capable of reengaging in the workforce with the skills that he has acquired over the last 20 years. He has the potential to become a useful member of the public.
As to prior convictions he has a very poor record of driving offences and has a prior conviction for dangerous driving in Tasmania although 19 years ago and in New South Wales only some three years ago.
Taking all matters into account including the particulars of the driving of course the defendant is convicted of two counts of dangerous driving and the mention of the summary offences charged on complaint 8655/2020 I impose a single sentence in respect of all matters apart from the two counts of evading police. On the single sentence the defendant is sentenced to 20 months’ imprisonment backdated to 5 October 2020 He is not to be eligible for parole until he has served 10 months’ of that sentence. On each of the two counts of evade police I impose sentences of 2 months’ imprisonment to be served concurrently with each other and concurrently with the single sentence of 20 months.
The effect of all that Mr McDonald is that you are sentenced to an actual term of imprisonment of 20 months’ backdated to 5 October 2020 with parole eligibility after serving half which on my calculations make you immediately eligible to apply for parole.