SOUTER, A R C

STATE OF TASMANIA v ANGUS ROBERT CARMELO SOUTER               WOOD J

COMMENTS ON PASSING SENTENCE                                                       8 MAY 2019

Angus Robert Carmelo Souter has pleaded guilty to one count of dangerous driving and also to summary offences dealt with under s 385A of the Criminal Code: fail to submit to taking of blood sample contrary to s 14(3)(a) of the Road Safety (Alcohol and Drugs) Act and operate vehicle in public place in an unnecessary execution of speed, acceleration or loss of traction contrary to s 37J(1) of the Police Offences Act.

The offending arose out of a single incident on 7 October 2018.  The defendant was then 21 years of age and the holder of a P2 drivers licence, which meant that he was prohibited from driving with any alcohol in his body.

At about 7:50 in the morning he drove a blue Kia Sportage west along Davey Street.  He had two male passengers in the car.  He drove past a cyclist “whooping” at him as he went by.  He came to a stop at the intersection of Davey Street and the Southern Outlet.  When the traffic light turned green the defendant revved the engine loudly in an attempt to do a “burn out”, causing the tyres to squeal and the car to stall.  This act gives rise to a summary offence. He started the car and revved the engine loudly before driving in the direction of Mount Wellington.

A few minutes later the cyclist observed the defendant’s car parked on Cascade Road.  He saw the driver leaning back in his seat with his arm slung across the passenger seat.  He appeared to be asleep. The cyclist was concerned and contacted the police to report his observations.  Then the cyclist saw the same vehicle drive past him on Cascade Road travelling at an estimated speed of 70 kilometres per hour in a 50 kilometre zone.  The car was travelling in the middle of the road for no apparent reason.

The defendant’s car was next observed by two members of the public on Pinnacle Road at the Springs.  It was travelling at an estimated speed of 90 kilometres per hour in a 50 kilometre zone.  It was again travelling in the middle of the road.  One of the members of the public yelled out to “slow down”.  The defendant braked suddenly, causing the vehicle to slide a little.  The car almost came to a stop, but then drove off again at speed.

Approximately one kilometre further up the Mountain, a runner observed the defendant’s vehicle drive past travelling at an estimated speed of 80 kilometres per hour in a 50 kilometre zone.  The defendant’s car drove in the middle of the road as it approached a bend.  He drove around the bend and a few moments later, on a straight section of road, the defendant lost control of the vehicle.  The vehicle veered to the right, left the road and hit a tree on the driver’s side, before crashing into another tree.  The runner and two persons from the Springs heard the crash and went to provide assistance.  By the time they reached the scene, the defendant and his two passengers were out of the car.  The defendant identified himself as the driver.  He said he was “really sorry”.  The passengers, fortunately, were uninjured.

The police were called and attended a short time later.  The defendant and his passengers smelt strongly of alcohol and multiple cans of alcohol were observed in and around the car.  The defendant was affected by alcohol.

An ambulance attended and transported the defendant to hospital.  He refused to submit to a blood sample being taken, stating he “hates needles”.

The weather conditions were clear, and fortunately the traffic on the road was light.  I have a photograph showing the accident scene and a photograph taken minutes beforehand of the defendant’s vehicle travelling, as observed, in the middle of the road.  Both photographs illustrate the narrow road and the significant danger involved in the defendant’s driving. Pedestrians and cyclists were put at risk, as well as other motorists, and of course the defendant’s two passengers were endangered.

The defendant is ashamed of his conduct.  He acknowledges that he was in no condition to drive, and he is apologetic about the ambulance being called and police resources being engaged that could have been used elsewhere.  He understands the potential ramifications of his conduct, he could have caused serious or even fatal injuries to a passenger or member of the public.

The defendant is now 22.  He has a history of abusing drugs and alcohol.  This commenced at age 14 and increased during his teenage years.  By the time he was 18 he had a serious problem with substance abuse.  The defendant was the victim of an identity theft at age 17 by a drug trafficker who used his details to set up a post office box for the purpose of trafficking.  The defendant was a Crown witness in a drug trafficking case which took over two years to resolve.  The defendant gave evidence twice in preliminary proceedings.  He is described by Crown Counsel as “an extremely nervous and anxious witness”.   This experience contributed to his difficulties. He felt his life was on hold.  In the period leading up to his act of driving he received information about the pending trial causing him to feel a great deal of anxiety and stress.  This exacerbated his mental health condition.  By the time of offending his mental health was particularly poor.  He consumed alcohol and illicit drugs, and drank alcohol throughout the night before he drove.  He describes himself as “self-sabotaging”.  I note he has been diagnosed with mental health difficulties including depression and anxiety, and is prescribed medication for these conditions.

Since offending the defendant has taken positive steps towards his reform.  He has engaged with a psychologist since his offending, initially every fortnight, and more recently every week. Three months ago he admitted himself to the St Helens Private Hospital for a week of detoxification and since pleading guilty he has engaged with ‘The Link’ and is attending drug and alcohol counselling every fortnight.  He is taking the matter very seriously.  I note too that he has started playing soccer again, he is a talented player and previously played at a professional level.  This is offering him a different social group, not immersed in a drug sub-culture.  He is intending to complete a residential rehabilitation program, and is on the waiting list for Missiondale and the Salvation Army Bridge Program. He is assessed by Community Corrections as requiring a high level of supervision.

There are other positive factors to take into account.  I note that he has pleaded guilty at the earliest opportunity, and co-operated with police.  His parents are supportive.  He has good employment prospects.  After completing grade 12, he completed a number of vocational courses and has worked in various roles such as a seasonal tour guide and commercial fisherman.  He hopes to train as a disability worker.

The defendant’s conduct since his offending suggests he has strong prospects of rehabilitation.  These efforts should be encouraged, an actual gaol sentence would be counterproductive and expose him to the influences that he is trying hard to disengage from. I am satisfied that a suspended sentence with a community service order is appropriate given Mr Souter’s relatively young age, and the steps he has already taken towards a constructive future.

In relation to the crime of dangerous driving, I record a conviction and impose eight months’ imprisonment.  The sentence is wholly suspended.  It is suspended on the following conditions:

  • 1 You must not commit another offence punishable by imprisonment during the period the order is in force, which is 18 months from today;
  • 2 You are subject to a probation order for a period of 18 months, commencing today.

The commencement date of both the period of supervision and the conditions I impose, is today.

There are various standard or core and special conditions which apply to you, Mr Souter:

  • 1 You must report on or before Friday 10 May 2019 to a probation officer at 114 Bathurst Street, Hobart in Tasmania;
  • 2 You must report to a probation office as required by the probation officer;
  • 3 You must comply with the reasonable and lawful directions of a probation officer or a supervisor;
  • 4 You must not leave or remain outside Tasmania without the permission of a probation officer;
  • 5 You must give notice to a probation officer of any change of address or employment before or within 2 working days after the change.
  • 6 Further, you must submit to the supervision of a probation officer as required by the probation officer;
  • 7 You must, within 12 months of today, satisfactorily perform 70 hours of community service as directed by a probation officer or a supervisor;
  • 8 You must attend educational and other programs as directed by the Court or a probation officer;
  • 9 You must undergo assessment and treatment for drug dependency as directed by a probation officer;
  • 10 You must submit to testing for drug use as directed;
  • 11 You must undergo assessment and treatment for alcohol dependency as directed; and you must submit to tested for alcohol use as directed;
  • 12 You must submit to medical, psychological or psychiatric assessment or treatment as directed by a probation officer.
  • 13 Further, you must attend, participate in, and complete the EQUIPS addiction program as directed.
  • 14 You must attend and complete a residential drug rehabilitation program being Missiondale or the Salvation Army Bridge program as directed.

In addition, with respect to the crime of dangerous driving, you are disqualified from holding or obtaining a driver’s licence for 22 months.  Your licence is suspended for that period.

With respect to the summary offices: fail to submit to the taking of a blood sample, 12 months licence disqualification concurrent, and a fine of $600; and operate a vehicle in an unnecessary execution of speed, acceleration or loss of traction, 2 months’ disqualification concurrent, and a fine of $150.00, For both summary offences your licence is suspended.