DPP v Bausch [2021] VCC 1880 (19 November 2021)

IN THE COUNTY COURT OF VICTORIA
AT MELBOURNE
CRIMINAL DIVISION

Revised
Not Restricted
Suitable for Publication

DIRECTOR OF PUBLIC PROSECUTIONS

v

DYLAN BAUSCH

JUDGE:	HIS HONOUR JUDGE TIWANA
WHERE HELD:	Melbourne
DATE OF HEARING:	25 October 2021
DATE OF SENTENCE:	19 November 2021
CASE MAY BE CITED AS:	DPP v Bausch
MEDIUM NEUTRAL CITATION:	[2021] VCC 1880

Catchwords: Aggravated carjacking – armed robbery using a knife – assaulting an
emergency worker on duty – mandatory non-parole period – no special reasons found – offence committed whilst under the influence of drugs – criminal history – disadvantaged background – reduced moral culpability – young offender – non-spontaneous offending – offender diagnosed with ODD and ADHD

Sentence: 3 years and 8 months’ imprisonment with non-parole period of 3 years’ imprisonment.

APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr M Roper	Office of Public Prosecutions

For the Accused	Ms L Dubroja	Stary Norton Halphen

1 Dylan Bausch, you have pleaded guilty on indictment to three charges. Charge 1 is an offence of aggravated carjacking contrary to s79A of the Crimes Act 1958. This offence carries a maximum penalty of 25 years' imprisonment. Charge 2 is an offence of armed robbery contrary to s75A of the Crimes Act. This offence also carries a maximum penalty of 25 years' imprisonment. Charge 3 is an offence of assaulting an emergency worker on duty contrary to s31(1)(b) of the Crimes Act. This offence carries a maximum penalty of five years' imprisonment.

2 Pursuant to s3(1)(ib) of the Sentencing Act 1991, aggravated carjacking is a Category 1 offence. Further, pursuant to s10AD of the Sentencing Act, unless the Court finds that a special reason exists, I am obliged to impose a non-parole period of not less than three years.

3 The circumstances of your offending are set out in the summary of prosecution opening dated 11 October 2021.^[1] Your counsel indicated that the opening was an agreed document for the purpose of sentencing. I will now briefly set out the facts of your offending.

5 At about 2.50pm on 18 January 2021, Ms Finlayson, the victim in respect of Charge 1, was sitting in her vehicle, a Kia Sportage, in the car park at the rear of the Camperdown IGA. She was eating her lunch and checking her emails on her phone. You jumped into the back seat of her vehicle, immediately behind the driver's seat, and told Ms Finlayson to ‘Just drive’. She was confused and thought it may have been a prank. She turned around and noticed you were dressed in black. She asked you what you meant, and you repeated the words, 'Just drive'.

6 Realising it was not a prank, she replied, 'No way'. Ms Finlayson exited her vehicle and her car keys fell on the ground. You also got out of the vehicle and Ms Finlayson then saw that you had a knife in your hand. You asked her where the keys were, but she did not respond to you. You picked up the keys from the ground, jumped into the driver's seat and drove away at speed. Ms Finlayson told a work colleague to call the police. Having realised she still had her phone, Ms Finlayson called Triple Zero. These facts give rise to Charge 1, aggravated carjacking.

7 Only 10 minutes later you committed the offence of armed robbery, the subject of Charge 2, at a newsagency in Cobden. At the time of this offending, the owner, Mr McConachy, was behind the counter whilst his partner, Karen McConachy, was in the back room. You ran into the shop carrying a bag, which you threw at Mr McConachy. You told him to open the till and fill the bag. You were yelling and holding a knife, which you pointed towards Mr McConachy.

8 You were wearing a hoodie and a balaclava. Mr McConachy observed the blade of the knife as being approximately five inches long. You moved closer to Mr McConachy and this made him worry about being hurt. He said to you, 'Okay, okay’ and emptied the contents of the till onto the counter. You then moved towards Mr McConachy's side of the counter and held the bag open.

9 Mr McConachy placed the cash, approximately $1,000, in your bag. You then moved back to the counter opening and said, 'Open this till as well cunt'. The second till was opened but was empty. You then walked out of the shop and got into the stolen Kia Sportage and drove off. Mr McConachy called Triple Zero to report the incident. The incident was captured on CCTV footage, which was played in Court.^[2]

10 As a result of these incidents, the police were searching for you and the stolen vehicle. You were observed by the police driving towards Camperdown shortly after the armed robbery. You were pursued by the police in their vehicle, the emergency lights having been activated. You were travelling at high speed and were able to get away. Just after 5.30pm that same day, Ms Finlayson's vehicle was found in Mortlake, some 45 kilometres from Camperdown. The interior of the vehicle had been set alight and had significant smoke and fire damage.

11 You were arrested by the police that same day, at approximately 7.30pm. Your arrest came about as a result of an astute local taxi driver. The taxi driver had received a call from you, requesting he pick you up from an address in Mortlake and take you to Terang train station. You did not give your name and had to ask someone in the background for the pickup address.

12 The taxi driver became suspicious and attended the Camperdown police station to provide the details of the call. He was instructed by the police to collect you so that they could intercept the vehicle during the trip. The taxi driver arrived at the Mortlake address and collected you. He noticed you were nervous. The taxi driver pulled over once the police activated their lights, and you were arrested.

13 Police located and seized $90 from your front shorts pocket and a bundle of cash totalling $960 hidden under the inner sole of your left boot. You were conveyed to the Warrnambool police station. As was your right, you remained silent during your recorded interview. You were remanded in custody, where you have remained. You have made no application for bail.

14 A search warrant was executed at the address from where the taxi driver picked you up. A number of items of clothing worn by you, as observed in the CCTV footage from the newsagency, were seized. Police also located a black satchel bag belonging to Ms Finlayson. This satchel bag, now empty, had contained $386 and was in Ms Finlayson's vehicle at the time of the aggravated carjacking.

15 At about 9am on 19 January 2021, you were in custody at the Warrnambool police station. You said to police custody officers, 'If youse are going to be cunts to me about court I will kill you...You won't let me talk to my missus so I'll kick off’ and I'll fucking kill yas'. You were told by one of the officers that if you threatened staff again you would be locked down in your cell. You responded, 'I'll fucking kill you'.

16 You declined to follow a direction to walk into a cell. You responded, 'Come on I'll smash ya’s', and 'Come and get me'. You placed your hood over your head. You threw your jumper at Custody Officer Ridley and ran at him with your fists clenched. Oleoresin Capsicum ‘OC’ foam was sprayed in your direction by Officer Ridley whilst he was standing and after you had tackled him to the ground. You continued throwing your fists at him whilst he was on the ground. His colleagues attended to assist, but you resisted being handcuffed and called the officers ‘Dogs’. You were eventually handcuffed and escorted to a cell. This incident was captured on CCTV footage, which was played in Court.^[3] These facts give rise to Charge 3.

17 I have had regard to the three victim impact statements of Ms Finlayson and Mr and Mrs McConachy.^[4]

18 The aggravated carjacking remains firmly etched in Ms Finlayson's mind. She is reminded of the incident each time she enters the car park where it occurred. She remains in fear that it may happen again. She now experiences anxiety and circles her vehicle to check who is around. She immediately locks her car door when she enters her vehicle. She has struggled financially. Her vehicle was written off and she had to find extra money to buy a new family car.

19 Mr McConachy was angry and shaken after the armed robbery. He remains on edge, looking out of the shop window at cars pulling up, people walking past the shop and getting out of vehicles. Anybody running past the shop gives him a terrible fright. Customers wearing masks due to the COVID-19 pandemic causes him to be wary, particularly those wearing black masks and hoodies. Following the armed robbery, the newsagency was placed for sale.

20 Mrs McConachy, likewise, is constantly reminded of the robbery. In the weeks after the offending, she watched the shop door to see who was entering. She remains anxious and no longer feels safe in the shop. Her sleep is disturbed, and she requires medication to assist. The decision to sell the business has been forced upon them, as a result of the trauma of your offending. I hope you realise the devastating and ongoing impact you have had on your innocent victims.

21 You have admitted a criminal history spanning three years, between 1 April 2016 and 24 April 2019. It involves seven separate court appearances: three at the Warrnambool Children's Court and four at the Warrnambool Magistrates' Court. Your criminal history includes offences of violence and dishonesty.

22 In the Children's Court you have been sentenced without conviction to an adjourned undertaking, two separate supervision orders, and a good behaviour bond. The offending in the Children's Court included offences of criminal damage, burglary, theft, use of cannabis, assault emergency worker on duty, unlawful assault, intentionally cause injury, aggravated burglary, and armed robbery.

23 In the Warrnambool Magistrates' Court, on 7 September 2018, you were sentenced to an aggregate term of 67 days' imprisonment for two offences of unlawful assault, affray, assault emergency worker on duty, resist emergency worker on duty, two offences of possessing a controlled weapon without excuse, cultivating cannabis, trafficking cannabis, possessing cannabis, and two offences of committing an indictable offence whilst on bail. In addition, you were fined for an offence of using a carriage service to menace.

24 On 18 January 2019, you were placed on a two‑year community correction order for offences, including three offences of theft of a vehicle, five further offences of theft, two offences of burglary and an offence of damaging property. The order required you to undertake assessment and treatment for drug abuse and mental health.^[5]

25 Your last appearance on 24 April 2019 attracted an aggregate sentence of five months' imprisonment; this was in respect of offences of violence, including intentionally cause injury, affray, threatening serious injury, and two offences of assault with a weapon.

26 As is plain from the summary of your criminal history, specific deterrence is an important sentencing objective in this case. Not only are you being sentenced for committing three serious offences involving violence and dishonesty, you have a relevant history where you have not only been sent to prison but also given opportunities to achieve rehabilitation in the community.^[6]

27 A neuropsychological report dated 3 September 2021, prepared by Mr Martin Jackson, was tendered on your plea.^[7] It sets out your personal history. Your counsel also set out your personal history in her written submissions.

28 As I stated earlier, you were 21 at the time of the offending and are now 22. You have remained in custody since your arrest on 18 January 2021.

29 You were born in Warrnambool and have an older brother who is severely disabled and who resides in a residential care facility. You also have an older maternal half‑sister. Your parents separated when you were a toddler. Your biological father has been absent from your life until two years ago. You have had some limited contact with him since reconnecting.

30 You were eight years of age when your mother re‑partnered. You lived with your mother and stepfather and your stepfather's two older sons. You grew up witnessing your parents abusing heroin and alcohol. You also witnessed frequent violent episodes involving your mother and stepfather. During arguments between your parents, you saw your mother cut herself. You also suffered both verbal and physical abuse from your stepfather.

31 In primary school you were diagnosed with a learning disability. You were also diagnosed and treated for Attention Deficit Hyperactivity Disorder (‘ADHD’). You were transferred to a specialist school when you were in Grade 5, which you attended until the completion of Year 10. Your work history has been limited. You did some casual work in sheepshearing. Since the age of 16 you have been in receipt of a disability support pension.

32 You have had two significant relationships. You are currently in a relationship with Ms Cock. At the time of this offending, you were living in Portland with Ms Cock and her two young sons.

33 You began using cannabis at the age of 14. It developed into a daily habit, and you were smoking, on average, 28 grams every three days.

34 As a result of your cannabis use you suffered a drug‑induced psychotic episode, resulting in your admission to the Royal Children's Hospital in December 2016. You remained an inpatient for a period of two to three weeks. You stopped smoking cannabis when you went to live in Portland about two years ago. Regrettably, you relapsed towards the end of 2020.

35 You first used methylamphetamine at the age of 19, whilst in gaol. Since then, you have used methylamphetamine intermittently. You began drinking alcohol at the age of 14, and by the time you were 16 you were drinking heavily. I am told you stopped drinking when you moved to Portland. I have also been told that you relapsed into cannabis use about two months prior to this offending.

36 Not surprisingly, your partner is very upset with you; she made her displeasure of you associating with negative peers and using cannabis again known to you. There were also arguments regarding the impact of your drug use on finances and other financial problems. On the day of the offending, the subject of Charges 1 and 2, you were under the influence of methylamphetamine. After the offending and before your arrest you had also consumed cannabis.

37 Your counsel, Ms Dubroja, told the Court that following an argument with your partner, you left your house in Portland and travelled by train to a friend's house in Mortlake. Whilst you were there, you consumed ice. You then decided you were going to commit offending; primarily to fund your drug use, but also to assist your financial problems.

38 You told Mr Jackson that on the day of the current offences you were high on ice and cannabis and you 'Lost my shit and went on a rampage'.^[8] I note that your instructions to Ms Dubroja were somewhat inconsistent with what you had told Mr Jackson. Whilst you accept you were under the influence of ice prior to the current offending, you say that you took cannabis after the commission of Charges 1 and 2. This makes no difference. The fact is you were under the influence of drugs at the time of the offending.

39 Ms Dubroja, bearing in mind your instructions, accepted that there was some planning involved in the commission of this offending. In relation to the knife that you used in the aggravated carjacking and the armed robbery, I was told that you carried it for your own protection. Ms Dubroja further accepted that after the offending you set alight the car seat of the stolen vehicle in order to rid it of any forensic material, in an effort to avoid detection.

40 Your pleas of guilty were entered at the earliest opportunity in the Magistrates' Court. By entering pleas of guilty you have facilitated the course of justice and have taken responsibility for your actions. You have also saved the community the time and expense of a trial and have spared your victims from having to give evidence. You are entitled to an additional and palpable discount, having entered pleas of guilty when this Court is facing a considerable backlog of trials.^[9] I also accept that your pleas demonstrate some remorse. You expressed remorse and also showed insight into how the victims of your crimes would have felt during your assessment with Mr Jackson.^[10]

41 You were 21 years of age at the time of the offending. You are now 22. Bearing in mind your youth, your successful rehabilitation remains an important sentencing objective. I take account of the sentencing propositions in R v Mills [1998] 4 VR 235.

42 You have endured a difficult background. Your biological father played no part in your upbringing. Your mother raised you alone until she re‑partnered when you were eight years of age. You had no support from your stepfather, on the contrary, he physically abused you. You also witnessed arguments and fights between your mother and stepfather, as well as observing them abuse drugs. Your schooling was also impacted by your learning disability. Your formative years were spent in a household where there was little regard for the law.

43 In assessing your moral culpability, I take into account your youth and your disadvantaged background.^[11] Whilst general deterrence and denunciation remain prominent, they will be moderated to an extent. Your time in custody has been onerous, due to the restrictions in place as a result of the COVID-19 pandemic. You have received no personal visits. You have endured significant periods of lockdown. Rehabilitative and educational programs have been significantly curtailed. You are in an environment where there is a risk of contracting the virus, over which you have little control.

44 I note that no reliance was placed on any Verdins^[12] issues. You are currently taking medication, which you report has significantly improved your mood and paranoia.^[13] You have been drug‑free since your arrest on 19 January 2021. You are currently working in the prison kitchen.

45 The offending you committed on 18 January 2021 is inherently serious. This is clear from the maximum penalties of 25 years’ imprisonment in respect of aggravated carjacking and armed robbery. In addition, aggravated carjacking is a Category 1 offence. This means I have no option but to impose a custodial sentence. Further, aggravated carjacking, absent special reasons, requires the imposition of a non-parole period of at least three years.

46 Whilst at your friend's house, you planned to commit offending that would raise money primarily for your drug use. Ms Finlayson was relaxing in her vehicle, catching up on emails. You entered the back seat of her car whilst in possession of a knife. You told her to 'Just drive' on two occasions. Realising you were serious, she got out of her vehicle and her keys fell on the ground. You also got out of the vehicle. It was at this stage Ms Finlayson saw the knife in your hand. You picked up the keys from the ground and drove away in her vehicle.

47 Your offending has had a significant impact on Ms Finlayson. You have interfered with her peace of mind. She is regularly reminded of the offending and is in fear of it reoccurring. I accept that the offending was of a short duration and did not involve any actual violence or threat of violence. Whilst you had a knife on you, you did not use it in any way to induce fear.

48 Having taken the vehicle, you immediately went on to commit the armed robbery. I regard the armed robbery as a more serious offence than the aggravated carjacking. It involved a greater degree of planning, with the sole aim to steal money. You were armed with a knife and disguised yourself. You also took with you a bag to put the money you intended to steal.

49 You ran into the shop, throwing the bag at Mr McConachy, and told him to fill it. You were yelling and pointing the knife towards Mr McConachy. You escaped with around $1,000. I have viewed the CCTV footage of the incident.^[14] Mrs McConachy watched the incident from the back room. It was plainly a terrifying ordeal for them both. The fear you have instilled in them has forced them to place their business for sale. Later, in order to avoid detection, you set the driver's seat of the stolen car alight. It was conceded that you did that to destroy any forensic material that may have linked you with the offending.

50 Having been arrested and taken into custody, you committed Charge 3 the following day. You were aggressive and abusive towards the custody officers on duty. You threw your jumper at one and ran at him with clenched fists. Having tackled him to the ground you continued to throw your fists at him. Eventually, with the assistance of other officers, you were restrained. Assaulting an emergency officer who was doing nothing more than carrying out his lawful duty is viewed seriously by the courts.

51 Your offending, the subject of Charges 1 and 2, not only impacts the victims involved but is a cause of concern for the community generally. Members of our community must be allowed to go about their business without a drug‑affected and violent offender interfering with their enjoyment and leaving a lasting and negative impact.

52 Your offending needs to be denounced. Anyone who may be so inclined to offend in the manner you did must be deterred by the sentence this Court imposes. Bearing in mind the offending was committed over the course of two days and your criminal history, you must also be deterred by the sentence this Court imposes.

53 Whilst your moral culpability is reduced as a result of your disadvantaged background, the converse is that any sentence must consider the protection of the community from you. The sentence must justly punish you. This is a case that enlivens all sentencing objectives. Your youth means that rehabilitation must also be given weight in the sentencing synthesis.

54 I will now again refer to the neuropsychological report prepared by Mr Jackson. The report covers your background, your substance use, intellectual and mental functioning, and sets out matters that require attention in aiding your rehabilitation.

It is noted that this finding of “improved intelligence” is quite common in children with significant behavioural disorders whose initial assessments were conducted when very young. Assessors appear to fail to take into account the effects of the child's behaviour on assessment, and their level of participation. As the person's brain develops over time, their behaviour often matures somewhat and when assessed later in life (such as an early adult), there's been a significant improvement in their Full‑Scale IQ. This is undoubtedly what has happened in Mr Bausch's case. Now that he has matured, and is off drugs, his Full‑Scale IQ of 79 is above the cut‑off for a mild intellectual disability.

It is noted that within the context of in general, having borderline abilities, Mr Bausch demonstrates relative strengths in his working memory skills, and new learning and memory with repetition (all below average to average). His executive skills are generally consistent with someone of borderline intellectual abilities. It is noted that Mr Bausch does have problems with high‑level attention (including errors) as well as a mild disorder of impulse control, which would be consistent with his diagnosis of ADHD.

Overall, Mr Bausch's cognitive profile is consistent with someone with borderline intellectual abilities with ADHD. There is no evidence that he has suffered a significant acquired brain injury from substance use or any other cause. This is probably due to the fact that there has been significant periods of abstinence in the past.^[15]

58 He further states that since you were remanded in custody you have been prescribed mood‑stabilising medication. You have the cognitive ability to benefit from counselling, as well as to learn new skills and new ways of behaving. You have the capacity to live independently in the community and to obtain employment, as long as you stay off drugs.

59 Mr Jackson's report makes it abundantly clear that your rehabilitation hinges on your ability to remain abstinent from drugs once you are released. Following your release from prison in 2019 and your move to Portland, you maintained abstinence from drugs for an extended period. That also meant you were free from any criminal conduct for a considerable period.

60 Regrettably, you relapsed back into drug use when you began using cannabis some two months before the current offending. Your relapse has brought you back to court, having committed serious offending. If you can stay off drugs, then your future will be much brighter. Mr Jackson highlights that your rehabilitation will be assisted by relapse‑prevention techniques.^[16]

61 Ms Dubroja relied upon s10A(2)(c)(i) of the Sentencing Act 1991 to argue that a special reason exists, such that the minimum non-parole period should not apply. Despite the submission, Ms Dubroja was realistic in recognising the difficulties in making good such a submission.

(i) subject to subsection (2A), at the time of the commission of the offence, he or she had impaired mental functioning that is causally linked to the commission of the offence and substantially and materially reduces the offender's culpability;

63 Sub‑section (2A) states, 'Sub‑section (2)(c)(i) does not apply to impaired mental functioning caused substantially by self‑induced intoxication'. As a child, you were diagnosed with ADHD and ODD. Mr Jackson states:

It is known that persons with neurodevelopmental disorders such as ADHD and ODD act impulsively and that their issues with impulsive behaviour can be exacerbated when under the influence of drugs.

Therefore, the commission of the offending occurred in the context of somebody high on illicit substances, that would have made the behavioural traits (impulse control) due to longstanding neurodevelopmental and behavioural disorders worse.

65 He notes you have problems with high‑level attention, including errors, as well as a mild disorder of impulse control, which would be consistent with a diagnosis of ADHD. He opines that if you are able to remain drug‑free in the future, then your impairments of high‑level attention and impulse control are relatively mild.

66 It is beyond doubt that you were under the influence of methylamphetamine at the time you committed the offending, including the aggravated carjacking. Mr Jackson states:

The exact nature of his degree of impairment and effect of drugs on him are impossible to ascertain, other than saying they would have certainly been worse than they are now.

67 Importantly, as Mr Jackson noted, when you were abstinent from drugs for an extended period, whilst living in Portland, you did not re‑offend.^[17] It was your relapse into substance abuse that led you to commit these offences. Mr Jackson describes your impulse control as relatively mild. He also found that you do not have a mild intellectual disability.

68 In view of the above analysis, Ms Dubroja accepted that Mr Jackson's report had limitations when it came to submitting that the special reason was made out on the balance of probabilities.

69 This was not spontaneous offending; there was planning involved. Ms Dubroja conceded that when you were at your friend's house and had consumed ice, you planned to commit offences that would yield you money primarily to fund your drug use.

70 You not only committed the aggravated carjacking but later, having committed the armed robbery and pursued by the police, you set the driver's seat of the vehicle alight. That was done to destroy any forensic material that would implicate you in the offending. Clearly, there was thought involved in what you did.

71 I repeat: this was no off‑the‑cuff spontaneous offending attributable to poor impulse control as a result of your ADHD. Even if accepting that your ADHD and poor impulse control was causally linked to the commission of the aggravated carjacking, I am not satisfied, on the balance of probabilities, that it substantially and materially reduces your culpability.

72 Further, on the basis of Mr Jackson's report, overall, I find that any impaired mental functioning was caused substantially by self‑induced intoxication. It was your return to drug use after a considerable period of sobriety that led to this further offending. As Mr Jackson states, if you can remain drug‑free, then your impairments are relatively mild. Accordingly, the special reason argued is not made out.

73 In sentencing you, I bear in mind the principle of proportionality and totality. Having carefully considered all the matters raised in this case and weighed the various sentencing considerations, I sentence you, Mr Bausch, as follows.

74 On Charge 1 on the indictment, aggravated carjacking, Mr Bausch, you will be convicted and sentenced to a term of two years and five months' imprisonment.

75 On Charge 2, armed robbery, you will be convicted and sentenced to two years and nine months' imprisonment.

76 On Charge 3, assault emergency worker, you will be convicted and sentenced to six months' imprisonment.

77 Charge 2 will be the base sentence. Nine months of the sentence on Charge 1 and two months of the sentence on Charge 3 will be served cumulatively on Charge 2 and upon each other.

78 This makes a total effective sentence of three years and eight months' imprisonment. This sentence will be served concurrently upon the sentence of three months' imprisonment imposed on 1 November 2021 by the Warrnambool Magistrates' Court. I set a non-parole period of three years' imprisonment.

79 Pursuant to s89(4) of the Sentencing Act 1991, your licence will be cancelled, and you will be disqualified for a period of two years and six months from today's date.

80 Pursuant to s18 of the Sentencing Act, the period of 305 days of pre-sentence detention, not including today's date, is hereby declared as having already been served in respect of this sentence, and I order that such declaration and its details be entered in the court records.

81 Pursuant to s6AAA of the Sentencing Act, I indicate that had Mr Bausch pleaded not guilty he would have been sentenced to a term of four years and six months' imprisonment, with a non-parole period of three years and eight months.

82 Pursuant to s33(1) of the Confiscation Act 1997, I grant the forfeiture order in relation to the $1,050 seized.^[18]

83 Pursuant to s77(1) of the Confiscation Act, I grant the disposal order in respect of the exhibits listed in the schedule of the order.

^[6] On 1 November 2021, Mr Bausch was sentenced to an aggregate term of 3 months’
imprisonment for offences committed in June, July and August 2020, including theft, theft of a
motor vehicle, and unlicensed driving.

^[17] The Court notes that Mr Bausch was recently sentenced for offending committed in June, July, and
August 2020.

^[18] Pursuant to s104A(b) of the Sentencing Act 1991, this forfeiture order imposed on 19 November 2021 in respect of $1050 was set aside on 17 January 2022.

County Court of Victoria

DPP v Bausch [2021] VCC 1880 (19 November 2021)