DPP v Kahukura [2018] VCC 1260 (10 August 2018)

Last Updated: 22 August 2018

IN THE COUNTY COURT OF VICTORIA

Revised Not Restricted Suitable for Publication

AT MELBOURNE

CRIMINAL JURISDICTION

CR 18-00503

DIRECTOR OF PUBLIC PROSECUTIONS
v
JADE KAHUKURA

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JUDGE:	HIS HONOUR JUDGE McINERNEY
WHERE HELD:	Melbourne
DATE OF HEARING:	2 August 2018
DATE OF SENTENCE:	10 August 2018
CASE MAY BE CITED AS:	DPP v Kahukura
MEDIUM NEUTRAL CITATION:	[2018] VCC 1260

REASONS FOR SENTENCE

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Subject:	CRIMINAL LAW
Catchwords:	Sentence – Pleas of guilty – Theft (20 charges) – Burglary (7 charges) – Handling stolen goods (6 charges) – Aggravated burglary (1 charge) – Theft of a firearm (1 charge) – Attempted theft (1 charge) – Attempting to obtain property by deception (1 charge)
Legislation Cited:	Criminal Procedure Act 2009
Sentence:	Convicted and sentenced to 7 years’ and 4 months’ imprisonment with a minimum term to be served before being eligible for parole of 4 years’ imprisonment – motor vehicle licence cancelled for 12 months

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms Thorp (For Plea) Mr M. Robinson (For Sentence)	Solicitor for the Office of Public Prosecutions
For the Accused	Ms E. Miller	Victoria Legal Aid

HIS HONOUR:

1. Mr Kahukura was born on 13 January 1984, in New Zealand. He is now 34, he was 33 at the time of these offences. He is a shearer by occupation and came to Australia to carry out that occupation in a business conducted, as I understand it, by his grandfather and mother in 2000. He comes before the Court with a criminal past, a number of convictions related to addiction but I will come to that in due course.
2. Mr Kahukura came before the Court by way of plea on 10 August. On that day Ms Thorp appeared. Mr Robinson appears today. Ms Miller has appeared on both days. The indictment before the Court is H11941566. The two months spree of criminality indulged in by Mr Kahukura, that took place over the period 03/04/17 to 11/06/17, in which he indulged in these 37 offences. All of such offences breach a current community correction order which he is on.
3. The summary of the offences is set out in the indictment. There are 20 theft charges, for which the maximum offence prescribed by Parliament is one of ten years. They are Charges 1, 2, 4, 5, 8, 9, 12, 14, 16, 18, 20, 23 and 25, 27, 28, 30, 31, 32, 34 and 37. Seven burglary charges, again, for which the maximum penalty prescribed is one of ten years' imprisonment, being Charges 3, 7, 11, 13, 15, 19 and 33. Six charges of handle stolen goods, for which the maximum penalty prescribed is one of 15 years, being Charges 6, 10 and 21.
4. One charge of aggravated burglary, Charge 17, for which the maximum penalty prescribed by Parliament is one of 25 years, clearly the most serious charge that you are facing, Mr Kahukura. There is a theft of firearm, Charge 24, for which the maximum penalty is 15 years. An attempted theft, Charge 26, maximum penalty five years and attempt to obtain property by deception, Charge 36, maximum penalty that can be imposed is one of five years.
5. The background to this spate of criminality is essentially that Mr Kahukura has been drug-addled for a period of some six to seven years. But, in particular, during this spree, he was addicted to the drug ice. I have signed a disposal and restitution order. In regard to the offending, I have also been asked under s.145 of the Criminal Procedure Act to take into account eight summary offences.
6. Those matters involve one charge of dangerous, Charge 20. Charges 27 and 35, charges of unlicensed driving. Two charges of fail to stop. A further charge of unlicensed driving. That is 37. Thirty eight is a failure to wear a seatbelt. And, again, Charge 39, failure to wear a seatbelt and 62 is the charge of failing to stop when directed to do so. I will not rehearse the penalties involved. Insofar as Mr Kahukura's priors are concerned, it is significant, as I have already said, he is a skilled shearer, he had no priors at all till 2015. Perhaps indicative of the impact of drugs upon a person.
7. Mr Kahukura was convicted on 23^rd August 2016 of theft of a car, two theft counts and a fraud count and he was given 145 days of gaol then and a community correction order and that is the one that would be breached. In August 2015, he was again given a combined gaol and community correction order for theft matters and then again a traffic and a dishonesty matter for which he was given a CCO in June 2015. Insofar as the offending itself, such is detailed clearly in the materials and the prosecution opening Exhibit A. I will attach to the sentencing remarks the summary simply because of the length of it and the detail set out.
8. And by that I mean, insofar as the offences are concerned and are summarised from paragraph 2. The summary matters as well from paragraph 2 through to paragraph 26, I will annex to my sentencing remarks as I simply, in the circumstances, am not going to go through and describe each of them.
9. They do represent, as I have said, a spree of criminality. They represent throughout the communities where they were committed but circumstances that demonstrate what is required when you are in a full blown addiction, you have got to get money and you will do what you have to, to do that. The most serious charge of course is the aggravated burglary matter, which is Charge 17. I accept the submission made in the sense that once they were aware they were in the wrong house, they left.
10. However, the aggravated burglary is proven by the manner in which it was committed and was committed at entry. It is clearly a serious charge as indicated by the sentence involved. There were significant burglaries as indicated and also significant thefts and ransackings. All of those are detailed. The most valuable item was the stolen boat and trailer, which makes up Charge 21 of the handling. Fortunately the victim in this matter got the boat back. I was somewhat concerned, in particular, about the burglary, Charge 3, which was committed at 3 School Lane, Yanac, where the victim came back not only to find the goods stolen as are set out in Charge 4 but the trashing of the house and the goods everywhere.
11. And of course, if that is not bad enough, she is then unfortunately re-visited so that the original burglary was in April, from then on somewhere between 13 and 20 May, the house was done over again and further items stolen as represented in Charges 11 and 12. There were, in each instance, by way of the burglaries and theft, substantial items taken. The theft of the car, Charge 1, was a value of $6,000. The theft of the car in Charge 2 was $10,000. The items stolen from the person I have referred to in the double burglary, that is Charge 3.
12. And Charge 11 had a total of $2,200 items of value stolen. The theft of the car and tools involved a totality of $8,000 in regard to Charge 9 and that also involved the summary matter. As I have said, I have already referred to the value of the boat in Charge 21. The burglary committed in May, Charge 22, involved theft of $3,227 worth of farming equipment and the firearm.
13. A significant matter of course was the summary matter which was the speed dangerous committed on 30 May. Mr Kahukura was in the stolen car, it was observed, he did a U-turn, there was an attempt to intercept him from which he accelerated away. Given the speeds, the chase was abandoned. During that time, the defendant crossed over the wrong side of the road into the path of an oncoming truck, while still speeding at speed somewhere between 160 and 170km per hour. The truck was not forced to stop. The driving is in fact on a CCTV which was available to the Court.
14. But clearly, given the suspected condition of the prisoner, the dangerousness of those matters and the driving in those circumstances cannot be overestimated. Fortunately, for you, Mr Kahukura, and the community, no one was killed as a result of that driving. Finally, a serious theft was committed on 25 June, in that instance involving a Land Cruiser which had been altered and was valued at some $20,000.
15. The last two crimes, and I want to mention the driving offences on 27 June, again, the prisoner was approached by police, he got into his vehicle and drove away at a fast rate of speed, again, estimated between 120 to 130km per hour in a 100km zone. He was unlicensed, not wearing a seatbelt, failed to stop on request and then, finally, theft of a car which make up Charge 37. In that instance the value was $7,000. As I say, without giving a precise summary, the spree of criminality I think is appropriately demonstrated from my short summary.
16. Insofar as the prosecution was concerned, submissions were made and tendered as Exhibit A, and essentially the matters put were the matters that have to be taken into account. While one accepts the comments made about being keen to get back to New Zealand, obviously the family situation will mean that it is difficult for him.
17. There is no doubt about that I would have thought. Of course I do not make these decisions but given what we understand as the attitude of the relevant minister, one would take the view that almost certainly there will be a deportation in this matter. I think, and accept, that the concern caused by the children being in Australia is a genuine concern that needs to be taken into account in this matter. I note in paragraph 6 that given the prolonged period of offending, the nature of the offences themselves, totality and specific and general deterrence that a period of immediate imprisonment was warranted.
18. Insofar as the plea was concerned, Ms Miller was at pains not to in any way underscore the seriousness of the crimes, her submission as to sentencing, was tendered and became Exhibit 1. Tendered also was the psychiatric report of Dr Sam Kelvin, consultant forensic psychiatrist. I go essentially to the background matters which sets out his background and history of which I have referred. The substance dependence is referred to, as is his psychiatric state. Fortunately there does not, given the type of drug, appear to be, certainly on interview, any current paranoia. But Mr Kahukura, no doubt from the programs you have been undertaking in jail, you perhaps should understand how lucky you are considering what you have been consuming, that you have not had more serious mental problems.
19. Mr Kahukura has of course a shearers' back and this is always a difficulty. It will affect him as he continues in his work. He was diagnosed, as is obvious, with an amphetamine use disorder. It was stated that he was keen to get his life back on track, when he was back in New Zealand, which he realistically understands. He still has to support his grandparents and he hopes to stay off the drugs and get back to steady work.
20. As is obvious, and would be no more obvious to anyone but Mr Kahukura, his future is totally dependent upon him getting rid of any dependency. Once he does that, I am sure with his skills, that he will not have any problem finding stable work and indeed reconnecting with his family as he wishes to do. Insofar as the submissions were concerned, the personal matters by way of family background, relationship and employment that I have referred to were stressed, the nature of the offending, matters were put to me, in particular, the issues as to the aggravated burglary matter, which I take into account.
21. In particular, insofar as the offending is concerned, there was no associated violence with the burglaries and thefts. Indeed, the only occasion where he was confronted, he took the opportunity to take flight as soon as he could. It was put that his plea could not have been offered and accepted at any earlier time. That I should accept that he is appropriately remorseful. The testimonials confirm that matter. His family have been in here supporting him.
22. Indeed, as an indication of that remorse, Exhibit 4 shows the programs that he has been undertaking and indeed perhaps the most positive news is the series of positive urine samples that have been presented to the court which became Exhibit 5. His mother, his grandfather and his sister and his young niece have been in Court and I think, while his sister might not be here today, they still are in Court.
23. His children, the seven of them, are now living with their mother in Werribee, after having previously lived with his own mother in Birchip and of course I have already noted that, as a result of the deportation, that will be a hard matter for him. What was put to me was essentially, prior to him being so addicted, as the priors sheet shows, up to the age of 25, has not been an issue. And clearly it is a tragedy that his life has been effected so badly.
24. It was submitted that given that background, I should have some confidence, provided he does give up drugs, that he is a person who will be able to reform. Insofar as totality, clearly, given the number of offences involved, that is necessary to take into account. It is also appropriate to take into account that he has, subsequent to these matters, been sentenced in Horsham. He had and was given, for offences which occurred in October 2016 and January 2017, a straight ten months, that was completed on 10 May and it is appropriate to take those matters into account.
25. The ultimate submission of Ms Miller was while immediate imprisonment was concerned, the Court needs to be very careful on the issue of totality. One has to take into account the fact that he will be deported, in the sense that I have set out, and that will cause him distress.
26. Also he is entitled to a full discount for the pleas of guilty, which should be seen as particularly valuable in the sense that they assist the Court. In the sense of if this matter was a trial involving all of these crimes, the number of witnesses and time involved would have been quite dramatic. So, there is a utilitarian benefit to that plea and a serving the course of justice, which is necessary to take into account as a particular discount. I do, as a result take all matters into account, as best as possible. Look, I think in the circumstances and given the number of matters, Mr Kahukura, I think we will leave you seated as I go through them.
27. Mr Kahukura, taking into account all of those matters that I have rehearsed, I have determined to sentence you as follows. On the first charge of theft of a car, a period of imprisonment of one year. On the second charge, also of theft of a car, a period of imprisonment of one year. On the Charge 3, burglary, two years. Charge 4, theft, six months. Charge 5, theft, one year. The handle offence, Charge 6, two years. The burglary offence, Charge 7, two years.
28. The theft, in this case the chops which were subsequently cooked and eaten at the site, a period of three months. The theft, Charge 9, one year. The handle charge, Charge 10, two years. The burglary charge, that is the return to the premises that I have referred to, a sentence of three years. The theft charge, Charge 12, a sentence of six months. The burglary charge, Charge 13, a sentence of two years. The theft charge, Charge 14, a sentence of six months.
29. The burglary charge, Charge 15, a sentence of two years. The theft charge, Charge 16, a sentence of nine months. The aggravated burglary charge, a period of imprisonment of four and a half years, which will be the base sentence. The theft of car, Charge 18, 14 months. The burglary charge, Charge 19, a period of two years. The theft of tools, Charge 20, a period of 12 months. The handle charge involving the boat, three years, being Charge 21.
30. The burglary, Charge 22, 18 months. The theft of the work equipment, Charge 23, a period of nine months. The theft of the rifle, Charge 24, a period of six months. The theft of the Land Cruiser, Charge 25, a period of six months. The attempted theft, Charge 26, a period of three months. The Charge 27, what is that one? Sorry. I should do it in order. Yes, that is right. the fuel, BP, I could not read my own writing. The fuel from BP, Charge 27, a sentence of six months. The theft of the car, Charge 28, a sentence of 12 months.
31. The handle charge, Charge 39, a sentence of 18 months. The theft of the van, Charge 30, a sentence of 12 months. The theft of the car, Charge 31, a sentence of one year. Charge 32, the theft of the Land Cruiser, a sentence of 18 months. Charge 33, the burglary, a sentence of two years. Charge 34, the theft, a sentence of three months. Charge 35, the handle offence involving
32. MS MILLER: That is the credit card, Your Honour.
33. HIS HONOUR: Yes, the credit card. Yes, I am sorry, the handling, in regard to the credit card, two years. Charge 36, the attempt to obtain the petrol by deception, three months. Charge 37, the theft, a sentence of one year. Insofar as the sentencing is concerned, as I indicated, the sentence for the aggravated burglary of four and a half years will be the base sentence. Insofar as each of the burglaries, I order that two months be cumulated upon the base sentence and upon each of the sentence imposed for the burglary matters.
34. That is two months on each of the offences. That is Charges 3, 7, 11, 13, 15, 19 and 33, making a total of 14 months cumulated on each other and on the base sentence. And then in regard to the theft matters, I order that one month on each theft charge, being Charges 1, 2, 4, 5, 8, 9, 12, 14, 16, 18, 20, 23, 25, 27, 28, 30, 31, 32, 34 and 37 be also equally cumulated two months - one month of each be cumulated on each other and on the base sentence and the sentences imposed for the burglary matters. Which will make a total sentence of, Associate, I think that makes seven years and four months.
35. We then have, to be dealt with, the summary matters. The first summary matter, speed dangerous, I order that the prisoner be sentenced to one month in gaol and that his licence be cancelled for a period of 12 months. Charge 27, the unlicensed driving, or two charges of unlicensed driving, one month on each matter. Charge 36, the fail to stop, one month imprisonment. Charge 37, the unlicensed driving, one month. Charge 38, the seatbelt, five penalty units. Charge 39, exceed speed, six penalty units. And Charge 62, the second fail to stop, one month.
36. I order that there be two weeks cumulated upon the sentence imposed in the indictment of two weeks of Charge 36, fail to stop and the second charge of fail to stop, making a total of one month to be served cumulative upon the seven years and four months imposed in the indictment.
37. Insofar as the seven years and four months, I order that the minimum period that must be served prior to being eligible for parole is a period of four years. Pursuant to s.18, I order that the 92 days already served be deemed as service of this sentence so that the end result of this sentencing,

    Mr Kahukura, is that for all of the indictable matters, you will be sentenced to an aggregate period of imprisonment of seven years and four months. The period that you must serve prior to being eligible for parole in regard to that matter is a period of four years.

38. In addition, for the summary matters, I order that cumulative upon that is another month to serve. One takes into account that you have already served 92 days. It is necessary for me to tell you the benefit to you of pleading guilty. The seven years and four months that you got under the indictment with a minimum of four to serve had you not pleaded guilty, you would have been sentenced to a period of ten years gaol with a minimum of six.
39. Parliament requires me to tell you that and to demonstrate to you the importance of you pleading guilty. That is instead of a total sentence of ten years and six years, you get seven years and four months with a minimum to serve before being eligible for parole of four months. As I say, in addition, there will be a month to serve because of the summary matters, on top. Now, any issues?
40. MS MILLER: No, Your Honour.
41. HIS HONOUR: Mr Kahukura, it does not give the Court any joy to sentence someone with your skills. I do not have to tell you what impact drugs have made on your life but one would hope after your sentenced and no doubt deported, that you get back to the life you led before 2015. Yes. Perhaps, given the number of offences, we might just wait and have counsel check the order.
42. MS MILLER: I have checked.
43. HIS HONOUR: I think it is appropriate isn't it?
44. MS MILLER: I have checked that as
45. HIS HONOUR: Have you got - do you have a draft?
46. MS MILLER: I've checked as we went along, Your Honour.
47. MR ROBINSON: Yes.
48. HIS HONOUR: Good.
49. MR ROBINSON: I agree, Your Honour.
50. HIS HONOUR: Yes, Mr Kahukura, you can be taken away. Thank you and good luck. Yes, I thank the family for their control in court. Yes.

Exhibit A – Summary of Prosecution Opening, [2] – [26]

Theft of car – 3^rd to 4^th of April 2017

2. Sometime during the night between the 3^rd and 4^th of April 2017 the defendant stole a 2002 Lexus sedan belonging to Dina Sum from outside the owner’s residential address in Noble Park. The value of the vehicle was $6000. The defendant dumped the vehicle in Horsham on the 30^th of May 2018. (Charge 1: Theft).

Theft of car – 12^th to 13^th April 2017

3. Sometime during the night between the 12^th and 13^th of April 2017 the defendant stole a 2004 Holden Utility vehicle belonging to Maxwell Baker from the victim’s residential address in Pimpinio. The value of the car was $10,000. The vehicle was subsequently abandoned by the defendant in Narramine NSW. (Charge 2).

Burglary and theft - 13 to 17^th April 2017: School Lane Yanac

4. Sometime between the 13^th and 17^th of April 2017 the defendant broke into a residential address located at 3 School Lane Yanac belonging to Teresa Ross. He gained entry to the property by opening a window at the back of the property. The defendant searched through the property inside the house and shed and tipped the householder’s belongings everywhere. (Charge 3: Burglary) The defendant stole an LG airconditioner, an air compressor, shearing grinders, a model motorcycle and a television collectively of the value of $1800. (Charge 4: theft)

Theft of car - 30^th of April 2017

5. On the 30^th of April 2017 the defendant drove a stolen Holden Rodeo utility vehicle (BY21NZ) to a farm on Butt’s Road Lower Norton Victoria (Charge 6: Handling stolen goods). He dumped the vehicle here and stole another vehicle belonging to Michael Speirs and valued at $5,000 (Charge 5: Theft). The defendant drove this vehicle to a farm in Mirranatwa where he abandoned it on the 4^th of May 2017. Police searched this vehicle and found an antique sword which had been stoledn from a house in Port Fairy between the 30^th of April and the 2^nd of May 2017 belonging to Robert McClaren (Charge 10: Handling stolen goods).

Burglary - 30^th of April 2017 to 14^th of May 2017

6. Sometime between the 30^th of April 2017 and the 14^th of May 2017, the defendant broke into a residential shed located at 415 Victoria Point Road, Victoria Valley. This shed is located on a rural property and is owned by David Fry who uses it as a holiday house. The defendant entered the building by unlocking a chain on the front sliding door. (Charge 7: Burglary) Once inside the shed he took 6 beers and 6 chops out of the refrigerator and cooked 6 chops in a sandwich griller and consumed them all. (Charge 8 theft).

Theft of car and tools - 4^th of May 2017

7. On the 4^th of May 2017, the defendant stole a 1982 Holden WB utility vehicle belonging to Thomas Napier. The defendant took the car from the complainant’s rural property on Templeltons Road, Victoria Valley. The vehicle was parked in a grain shed with assorted farm tools in it. The keys were in the ignition and the doors were unlocked. The total value of the vehicle and tools was $8000. The defendant abandoned the vehicle in Hamilton. (Charge 9: theft). At the time that the defendant stole this vehicle and drove it from Victoria Valley to Hamilton he was unlicenced. (Summary offence charge 27 unlicensed driving.)

Burglary and theft - 13^th to 20^th May 2017

8. Sometime between the 13^th and 20^th day of May 2017, the defendant returned to the property at 3 School Road Yanac and forced open a toilet window and entered the premises. (Charge 11: Burglary)Once inside the defendant ransacked the house and stole a Nintendo gaming system including a steering wheel, a small stereo system and an assortment of antique toys belonging to Teresa Ross and with a value of $400. (Charge 12 theft).

Burglary and theft: 14^th to 15^th of May 2017

9. Sometime between the 14^th and 15^th day of May 2017, the defendant entered the garage of a house located at 5054 Henty Highway Warracknabeal and owned by Robert Peters (Charge 13: Burglary). At the time of the burglary Gary McLellan lived at the property but he was not present. Once inside the defendant stole 10 to 12 litres of diesel fuel in a jerry can and 20 Litres of fuel in a green jerry can. The value of the fuel was $130 and belonged to Robert Peters. (Charge 14: theft).

Burglary and theft: 17thto 31stday of May 2017

10. Sometime between the 17^th and 31^st day of May 2017, the defendant entered a rural property located at Natimuk-Frances Road Mitre owned by Graham Lear. (Burglary charge 15). He entered a workshop and stole workshop tools including drills, jacks and hand tools valued at $800 belonging to Lear. (Charge 16: Theft).

Aggravated Burglary: 18thof May 2017

11. During the night on the 18^th of May 2017, the defendant with another unknown person broke in through the front door of a house on Natimuk Road Horsham after first trying but failing to break in other ways. At this time, the resident of the house, Lee Kirchner was lying on his bed, in his bedroom in the upstairs area of the house. The defendant walked up the stairs to a hallway and Kirchner, having heard noises being made by the defendant, got out of bed and turned on a light. He observed the defendant standing in the hallway and the defendant said: “Where’s Jimmy? Jimmy owes us money.” Kirchner told the defendant that there was no one by the name of Jimmy living at the address. The other intruder stated that they had the wrong house and both the defendant and the unknown male left the house. Kirchner identified the defendant from a photo-board. (Charge 17 Aggravated Burglary).

Theft of car: 20^th to 22^nd of May 2017

12. Between the 20^th and 22^nd day of May 2017, the defendant stole a 2001 Ford Forte AU sedan vehicle belonging to Cameron Pearse. At the time of the theft the vehicle was parked in the front yard of the Pearse’s residence in McCracken Avenue Donald and contained an Impact driver and drill, a circular saw and a radio. The value of the car and contents was $6750. The vehicle was discovered at the residential address in Horsham, by police on the 31stof May 2017, where the defendant was residing temporarily. (Charge 18: theft)

Burglary and theft: 23^rd to the 24^th of May 2017

13. Between the 23^rd of 24^th of May 2017, the defendant broke into an open workshop at a rural property on Natimuk-Hamilton Road, Toolondo which was owned by Stephen Oakley. (Charge 19: Burglary).The defendant stole numerous workshop tools including an angle grinder, drills, generators, chainsaws and hand tools valued at $5850. (Charge 20: Theft)

Handling stolen goods: boat and trailer: 25^th of May 2017

14. On the 25^th of May 2017, the defendant towed a boat on a trailer to a BP Service Station on the Western Highway in Ballan. Both the boat (a large white Stabicraft fishing vessel) and trailer had been stolen from Max Judd during a burglary of his holiday home in Cape Jaffa, South Australia a few days prior to the 25^th of May 2017. The value of the boat was $75,000. (Charge 21: Handling stolen goods).

Burglary and theft: 27^th to 28^th of May 2017

15. Between the 27^th and 28^th day of May 2017, the defendant broke into a building which was set up as a work shop on a rural farming property on Wallaces Road Moyston, occupied by Jillian Marshall. (Charge: 22 Burglary). The defendant stole two angle grinders, a gas cylinder, a battery charger, certain welding equipment and a quantity of ammunition belonging to Marshall and valued at $3227. (Charge 23:Theft) The defendant also stole an inoperative .22 calibre rifle, which was in two parts and sitting in top of a locked gun safe. (Charge 24: Theftof a Firearm ).

Drive at a speed dangerous: 30^th of May 2017

16. At 2.30pm on the 30^th of March 2017, the defendant drove a vehicle in a northerly direction along Blue Ribbon Road, Horsham, which he had stolen from Dina Sum between the 3^rd and 4^th of April 2017. A police officer observed the vehicle and performed a U-turn and attempted to intercept the defendant by activating their lights and siren. The defendant accelerated rapidly away from the police car along Blue Ribbon Road. The police officer estimated that the defendant drove between 160-170kph in a 100kph zone. Near School Road, the defendant crossed onto the wrong side of the road into the path of an oncoming truck whilst still speeding. The truck was not forced to stop. (Summary charge 20: drive at a speed dangerous).

Theft of car: 4^th to the 5^th of June 2017

17. Between the 4^th and 5^th of June 2017, the defendant stole a 1995 Toyota Landcruiser wagon valued at $400 from a residential address on the Glenelg Highway, Hamilton. The vehicle was owned by Jennifer Beulke. (Charge 25: Theft). The defendant drove the vehicle to a rural property on Valley Road, Victoria Valley and attempted to steal fuel from a bowser. The resident of the premises and owner of the fuel, Rex Beveridge discovered the defendant as he put the fuel nozzle into the vehicle and said: “Are you right there mate?” The defendant said: “I’m nearly out of fuel, I suppose it’s a bit cheeky.” Beveridge said: “Yes it is a bit. I’ll sell you an amount of fuel to get you to the next town.” The defendant got his backpack and said: “I can’t find my wallet at the moment.” Beveridge went into his workshop to get some paper and the defendant drove off at a fast rate of speed. (Charge 26: attempted theft). At the time that the defendant drove this vehicle he was unlicenced. (Summary charge 35: unlicenced driving).

18. At approximately 8.45pm on the 6^th of June 2017 the defendant drove Beulke’s car to a BP Service station on Longfield Street in Stawell and put $88 worth of fuel into the car and drove away without paying for it. (Charge 27: Theft).

Theft of car: 21stto the 23rdof June 2017

19. Between the 21^st and the 23^rd of June 2017, the defendant stole a 1993 Mitsubishi Station wagon, valued at $200 from Peter Anderson. At the time of the theft the car was parked at the residential address of Queen Street in Sebastapol. (Charge 28: theft). The defendant subsequently placed false number plates on the vehicle (IJJ5LL) which were believed by police to have been stolen. The defendant left the car in Ballgoran where it was discovered by police on the 23rdof June 2017 with the false registration plates attached (Charge 29: Handling Stolen Goods).

Theft of car: 23^rd of June to the 1^st of July 2017

20. Between the 23^rd of June 2017 and the 1^st of July 2017, the defendant stole a blue Iveco van valued at $5000 from a business address in Geelong Road Ballygoran. The vehicle was owned by Paul O’Loughlan. The defendant subsequently abandoned the vehicle in Melton West (Charge 30: Theft).

Theft of car: 24^th to the 25^th of June 2017

21. Between the 24^th and the 25^th of June 2017, the defendant went to a residential address in McCLellan Street in Ararat and stole a 1989 Honda Legend Sedan, valued at $1000, and belonging to Lindsay Marr.(Charge: 31Theft). The defendant subsequently abandoned the car near Colraine.

Theft of car: 24^th to the 25^th of June 2017

22. Between the 24^th and the 25^th of June 2017, the defendant went to a farming property in Webbs Road Tyoon and stole a 2003 Toyota Landcruiser utility vehicle belonging to Timothy Fraser. At the time of the theft, the vehicle had a steel canopy which was made by Fraser and valued at $10,000. The vehicle was valued at $20,000. At the time of the theft the vehicle also contained assorted camping equipment valued at $1400. (Charge: 32 Theft). The defendant subsequently abandoned the car on Halls-Gapp-Pomonal Road in a damaged state and was discovered by police on the 25thof June 2017.

Burglary and theft: 24^th to the 30^th of June 2017

23. Between the 24^th and 30^th day of June 2017, the defendant went to a rural property located at 1180 Skene-Woolshed Road, Strathkellar which was owned by James Robertson and entered an open bay shed. (Charge 33: Burglary). Once inside the shed the defendant stole a fuel container with fuel inside it and also fuel from the tank of a motor bike valued no more than $100. (Charge 34: theft).

Driving offences: 27^th of June 2017

24. At approximately 12.27pm on the 27^th of June 2017, the defendant was standing beside a stolen vehicle on Camerons Road near the Wannon Falls Tourist area. A police officer observed the defendant and drove toward the defendant with their lights and sirens activated. The defendant got into the vehicle and drove away at a fast rate of speed. The police estimated that the defendant drove between 120kph and 130kph in a 100kph zone. At this time the defendant was unlicenced and he was not wearing a seatbelt. (Summary charges: 36: fail to stop on request, 37: unlicenced driving, 38: driver fail to wear a seatbelt and 39: exceed speed limit.).

Attempt to obtain property by deception and handle stolen goods

25. At 7.03pm on the 8^th of July 2017, the defendant entered the Apco Service station, Raglan Parade Warrnambool and presented a debit card which belonged to Steven Hunter to pay for $48.23 worth of goods. This debit card was stolen in a burglary at 6.50pm on the 8thof July 2017. (Charge: 35: Handle stolen goods). The card was declined as it had already been cancelled by Hunter. (Charge 36: attempt to obtain property by deception).

Theft of car: 8^th to 9^th of July 2017

26. During the night between the 8thand 9thof July 2017, the defendant attended a business address in Albert Street Warrnambool and stole a green 2002 Holden SS utility belonging to Harry Droste and valued at $7,000 (Charge 37: theft). The defendant drove this vehicle along Sayrers Road, Tarneit and was observed by police. The police officers activated their light and sirens indicating that they were requesting the defendant to stop. The defendant failed to stop the vehicle and drove away from the police at a fast rate of speed (Summary Charge 62: Fail to stop vehicle on police request).