STATE OF TASMANIA v MATTHEW JAMES MOODY 16 DECEMBER 2019
COMMENTS ON PASSING SENTENCE BLOW CJ
Mr Moody has pleaded guilty to a charge of dangerous driving, and to five summary offences that I will deal with under s 385A of the Criminal Code.
On the evening of 15 June, Mr Moody was riding a motorcycle in Derwent Park when police officers followed him and attempted to intercept him. At that time he had a licence that authorised him to drive a car but not a motorcycle. He has pleaded guilty to a charge of driving without a licence.
Instead of stopping for the police, he accelerated and tried to drive away from them. He accelerated heavily along Derwent Park Road through its intersection with Sutherland Street, pursued by a police car with its lights and sirens activated. He has pleaded guilty to a charge of evading police. The speed limit was 50 Km per hour, but he was travelling at 120 Km per hour. He has pleaded guilty to speeding. He overtook another vehicle as he approached Main Road, crossing double white lines. He has pleaded guilty to a charge of overtaking when it was unsafe to do so. At the intersection of Derwent Park Road and Main Road, Mr Moody was faced with a red light, rode straight on, collided with a northbound Hyundai sedan, and then crashed into a Mazda sedan. He has pleaded guilty to a charge of disobeying a red traffic light. He was thrown from his bike, ran back to it, picked it up, and attempted to ride away, but he was arrested at that stage. He had some superficial injuries.
Mr Moody was 24 years old on the evening in question and is now 25. He has a number of significant prior convictions, including two for evading police. The first of those, in 2014, resulted in a wholly suspended sentence of six weeks’ imprisonment. The second one, in 2016, resulted in the activation of that sentence and the imposition of a cumulative sentence of four months’ imprisonment, of which two months were suspended. That sentence also related to three convictions for driving whilst disqualified. He has other convictions for driving while unlicensed and driving when his licence was suspended.
Mr Moody lives with his mother. His partner of five years lived with them until very recently. He is not sure about the future of that relationship. He has no children. He has a strong interest in cars. He has worked in the automotive industry in the past, and would like to do so again, but currently has full-time casual employment with a roofing contractor. He has been troubled by depression and anxiety, but has not sought professional help because of reluctance to discuss those problems.
Mr Moody co-operated with the police once he was arrested. He participated in an interview and made significant admissions. He pleaded guilty to the dangerous driving charge in the Magistrates Court. He has paid $8,500 for repairs to the motorcycle. He has paid for repairs to one of the damaged cars, and intends to pay for the repairs to the other one. He very much regrets having committed these offences and having caused damage to other people’s vehicles.
I obtained a pre-sentence report from a probation officer in relation to him. He is considered suitable for a home detention order, suitable for a community service order, and in need of a high level of intervention from the probation service.
The charges of dangerous driving and evading police in this case are serious enough for imprisonment to be one of the appropriate sentencing options. Although the dangerous riding of a motorcycle could be regarded as inherently less dangerous than the dangerous driving of a car, all other circumstances being equal, Mr Moody’s driving certainly created dangers for other road users as well as himself. He drove dangerously for quite a short distance and was not intoxicated. This was an episode of stupidity that lasted no more than a few minutes. It is significant that Mr Moody had stayed out of serious trouble for nearly three years after going to prison in 2016.
In the circumstances, I consider that orders for home detention, community service and probation will constitute sufficient punishment. If I were not making a home detention order today, I would have sent Mr Moody to prison. I am required to impose a separate sentence on the charge of evading police. I will therefore make a community correction order, providing for community service and probation, on that charge, and impose a home detention order on the dangerous driving charge.
Matthew James Moody, I convict you on all charges. On the dangerous driving charge, I make a home detention order for an operational period of eight months. The full conditions of the order will be set out in a document that you will be given. They include conditions, all of which apply for eight months, as follows:
- You must not commit an offence punishable by imprisonment.
- You must reside at [address].
- You must be there at all times, except when you are not there for a “relevant reason” specified in s 42AB(4) of the Sentencing Act That includes going somewhere with your probation officer’s permission.
- You must permit a police officer, probation officer or prescribed officer to enter those premises.
- You must permit a police officer to conduct a search of the premises, conduct a frisk search of you, and take a sample of any substance found on the premises or on your person.
- You must submit to electronic monitoring, including by wearing or carrying an electronic device.
- If directed to do so by a police officer, probation officer or prescribed officer, you must submit to a breath test, urine test, or other test for the presence of an illicit drug.
- When you leave Court today, you must immediately attend the Community Corrections office at Glenorchy for an induction in relation to this order.
On the charge of evading police, I make a community correction order, to operate for 12 months from today, with special conditions as follows:
(a) You must submit to the supervision of a probation officer as required by the probation officer.
(b) You must maintain in operating condition an active mobile phone service, provide the contact details to Community Corrections, and be available for contact through your mobile phone at all times.
(c) Within 12 months you must satisfactorily perform 100 hours’ community service as directed by a probation officer or a supervisor.
(d) You must undergo assessment and treatment for drug dependency as directed by a probation officer.
(e) You must submit to testing for drug use as directed by a probation officer.
(f) You must submit to medical, psychological or psychiatric assessment or treatment as directed by a probation officer.
(g) You must attend educational or other programs if so directed by a probation officer.
I disqualify you from driving for two years commencing today. I order you to pay Katherine Johnston and Matthew Tyrrell compensation for the damage to each of their vehicles, and adjourn both assessments of compensation sine die.