STATE OF TASMANIA v DANIEL JOHN WIGGINS 29 JANUARY 2024
COMMENTS ON PASSING SENTENCE PORTER AJ
Daniel Wiggins, the defendant, pleaded guilty in the Magistrates Court to one count of dangerous driving and appears in this Court for sentence. He has also now pleaded guilty to summary charges of driving whilst suspended, evading police in aggravating circumstances, and driving with a prescribed illicit drug in his system. All of this offending occurred in the course of an incident in the early afternoon of 6 February 2023, a Monday. At that time the defendant’s licence was suspended, and he was a so-called “person of interest” to police in connection with other matters. The defendant was first seen by police officers on patrol on Sandy Bay Road in Hobart. The defendant was travelling southwards. Police followed but lost sight of the vehicle. They later found it further south on Sandy Bay Road in Taroona, unattended on the side of the road. The defendant was then seen to get in the car and drive northwards. Police followed and tried to intercept him by activating lights and sirens. The defendant slowed but then continued on with no attempt to stop. The defendant then accelerated rapidly away from the police vehicle. Police followed. The defendant travelled at about 80kph in a 50kph zone, and repeatedly swerved onto the wrong side of the road to overtake slower vehicles, forcing oncoming vehicles to take evasive action. The defendant’s vehicle collided with several traffic islands causing two wheels of the car to leave the ground. At various points the car appeared to lose traction and fishtail. The defendant crashed into a vehicle on Sandy Bay Road and did not stop, and went through a red light at the intersection of Nelson Road, causing other vehicles to brake heavily to avoid a collision. He then turned into a side street and continued to drive in excess of 80kph in a 50kph zone. He went through the intersection at Regent Street at approximately 40kph past a give way sign, and then entered signposted road works travelling at 80kph with a posted limit of 40kph. Road workers had to move off the road- way to get out of the way of the defendant’s vehicle. Police lost sight of the vehicle at the intersection of York Street and Proctors Road, but the vehicle was later found abandoned a short distance away. About an hour and half later the defendant was found in Sandy Bay and arrested. When tested for alcohol and drugs at the police station, a drug saliva test returned a positive reading for amphetamines. When interviewed, he said he did not pull over because he did not want to get caught any more and get into any more trouble. He admitted using one or two points of methamphetamine every day and wanted to get some drugs on that day. He claimed he did not see anyone behind him and said he was not trying to hurt police or anyone else and did not know what had got into his head. He added that he was glad that it had come to this because hopefully things would stop.
The defendant is now 39 years old and has a lengthy record of offending. This record includes serious traffic matters, drug offending and breaches of family violence orders and bail orders. He has been made the subject of a wide range of punitive and rehabilitative measures including wholly and partially suspended and full terms of imprisonment, community service and community correction orders. Most recently, on 4 November 2020, he was sentenced and re-sentenced on a variety of offending. He was made the subject of a home detention order for a total of six months and a community correction order for 12 months. I have the benefit of submissions of counsel and of a drug treatment order assessment report which I was persuaded was appropriate to obtain and which confirms the defendant’s suitability for such an order. It seems that the defendant had a stable upbringing, did reasonably well at school and completed an apprenticeship in panel beating and spray painting after he completed grade 10. He commenced what proved to be a significant relationship of some years when he was in his late teens and become a father when he was 23 years old. Alcohol was a significant problem for him for a long period of time. This started when he was about 19 years old. Alcohol abuse played a dominant role in his offending between 2003 and 2016. The level of abuse worsened when the couple separated when the defendant was in his late 20’s and the woman moved to Queensland with the child. He formed a new relationship, but that woman was also a heavy drinker. By the time he was 30 years old, he had lost both his employment and his house. He was ultimately able to overcome his alcohol abuse but in 2017 while serving a term of imprisonment for family violence matters, he was introduced to methamphetamine. By the use of the drug he found an escape from his predicament. His then partner gave birth to a child while in prison. He continued his drug use after his release. This escalated to very high levels although there have been some periods of abstinence, in particular during home detention. In general terms, the substance of his addiction was substituted; that is, methamphetamine for alcohol. Since being released on bail on these matters, he has sought to engage with drug rehabilitation services. He moved on from one because of the presence of some drug using associates, and then sought out the Salvation Army Bridge Program. An initial assessment showed him as being suitable for admission to at least the day program, and he ultimately hopes to be accepted into the residential program. I am told that this incident was truly a “wake up call”; he clearly recognises the need for change and wants to bring that about. He has a stable home with his parents and is hopeful of resuming employment as a panel beater. It was put, and I accept, that he is genuinely remorseful. This is borne out by the early plea of guilty to the indictable charge and his attempts of rehabilitation as I have outlined. He is to be generally given credit for the practical value of his pleas of guilty. It was put that the defendant was horrified at the way that he had behaved on this particular occasion, and “feels sick” about his conduct when he contemplates the possible consequences. I note he spent about five weeks in custody on these matters before being bailed.
It might be said that the total distance over which the defendant drove dangerously was relatively short, some 2.8 kilometres, but the level of danger created was high. In addition to the general level of risk given the built up and busy nature of the area, there is driving on the wrong side of the road at the peril of oncoming cars on a busy street, going through a red light in another busy intersection causing other people to take evasive action and putting roadworkers at considerable risk. Some actual damage was caused to a vehicle. Plainly, factors of attempting to deter others from this sort of conduct and condemnation of driving in such a manner are very prominent factors in the sentencing process. At the same time, there are the mitigating factors of remorse and the defendant’s insight into the nature of the offending and his real need to squarely address his substance abuse. In all of the circumstances, I consider it appropriate it to make a drug treatment order bearing in mind of course that there is a custodial part all or some of which will have to be served in the event of a breach.
Mr Wiggins, I have set out the facts, your personal circumstances and what I see to be the relevant considerations. As I believe you recognise, your conduct was quite appalling and completely unacceptable. It created a high risk of causing death or serious injury. It comes in the context of a lengthy history of offending. However, as I have said, in all of the circumstances, including the time you have already spent in custody, I do consider it appropriate to make a drug treatment order. I note that I am required by law to impose a separate sentence in relation to the evade police charge. As to all matters with the exception of that offence you are convicted and, subject to your agreement, I make a drug treatment order by which you are sentenced to a term of imprisonment of 18 months, all or any of which you will not be required to serve unless ordered to do so, or if the order is cancelled. That order will contain the core conditions provided for in the Sentencing Act and they will be set out in writing for you. As to the core condition set out in paragraph (b) of s 27G(1), which requires attending at court whenever the court directs, the first directed appearance which you must attend is the Hobart Magistrates Court on 20 February next at 10.30 am and under par (c) of that subsection, I order that you report to a court diversion officer at 75 Liverpool Street by 5pm this Wednesday, 31 January 2024. All of this will be put in writing for you. Additional conditions of the order are as follows with those numbered 1 to 5 inclusive taken as meaning, as may be directed by a case manager, court diversion officer or a court, as the context permits.
- You must not use any illicit drugs or substances, and you must submit to drug testing, including random drug testing, urine analysis and oral fluid testing.
- You must submit to detoxification or other treatment, whether or not residential in nature.
- You must attend vocation educational employment rehabilitation or other programs including rehabilitative addiction programs or similar.
- You must submit to medical, psychiatric or psychiatric assessments or treatments.
- You must not associate with any person or class of person including those known or reputed to use any illicit drugs referred to in the Misuse of Drugs Act, or any other mind or mood altering drugs.
- You must not use any prescription medication unless prescribed by a treating doctor or pharmacist and approved by a case manager or court diversion officer.
- You must only consume alcohol to the extent as may be permitted from time to time by a case manager or court diversion officer.
- You must live at [address] and not change that address without the prior approval of a case manager, court diversion officer or a court, and you must be present at that address between the hours of 9pm and 6am each day unless expressly authorised by a case manager or a court diversion officer.
- You must maintain the use of a working mobile phone such as to send or receive messages about drug testing, case management and/or appointments from your case manager and court diversion officers and you must remain contactable at all times.
[The defendant consented to the making of the order.] With that agreement, I make a drug treatment order in the terms I have outlined. In relation to the offence of evading police in aggravating circumstances, you are convicted and sentenced to three months imprisonment, the execution of which is wholly suspended on condition you commit no offence punishable by imprisonment for a period of two years. You will be disqualified from driving for a period of two years from today which means your licence is cancelled.