IN THE COUNTY COURT OF VICTORIA	Revised
Not Restricted
Suitable for Publication	
AT MELBOURNE
CRIMINAL JURISDICTION

CR 21-00314

DIRECTOR OF PUBLIC PROSECUTIONS		
		
v		
		
RICHARD SHABANI		

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JUDGE:	HIS HONOUR JUDGE HIGHAM	
WHERE HELD:	Melbourne	
DATE OF HEARING:	7 April and 6 May 2022	
DATE OF SENTENCE:	26 May 2022	
CASE MAY BE CITED AS:	DPP v Shabani	
MEDIUM NEUTRAL CITATION:	[2022] VCC 750	

REASONS FOR SENTENCE
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Subject:					CRIMINAL LAW
Catchwords:	Sentence; early guilty plea; Theft; burglary, obtaining property by deception; attempted burglary; attempted obtaining property by deception; recklessly exposing an emergency worker to risk by driving; dangerous driving; negligently deal with proceeds of crime; handling stolen goods; making false document; possessing drug of dependence; possessing identification documentation; 
Legislation Cited:			Sentencing Act 1991 (Vic)
Cases Cited:				R v Doran [2005] VSCA 271
Sentence:		Four years and six months imprisonment with a non-parole period of two years and nine months
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APPEARANCES:
	Counsel	Solicitors	
For the Director of Public Prosecutions	Mr Z. Petric	Office of Public Prosecutions	
			
For the Accused	Mr S. Moodie	Stary Norton Halphen	

HIS HONOUR:
1	Mr Shabani, you have pleaded guilty to: 
•	21 charges of Theft (Charges 1-6, 8-10, 13, 14, 16, 18, 19, 21, 23, 25, 27, 28, 29, 31 and 35), for which the maximum penalty for each charge is a term of imprisonment of 10 years; 
•	Nine charges of Burglary (Charges 7, 12, 15, 17, 20, 22, 24, 30 and 34), for which the maximum penalty for each charge is a term of imprisonment of 
10 years;
•	Two charges of Obtaining Property by Deception (Charges 9 and 32), for which the maximum penalty for each charge is a term of imprisonment of 10 years; 
•	Two charges of Attempted Burglary (Charges 11 and 26), for which the maximum penalty for each charge is a term of imprisonment of five years; 
•	One charge of Attempting to Obtain Property by Deception (Charge 33), for which the maximum penalty is a term of imprisonment of five years; 
•	One charge of Recklessly Exposing an Emergency Worker to Risk by Driving (Charge 36), for which the maximum penalty is a term of imprisonment of 
10 years;  
•	One charge of Dangerous Driving (Charge 37), for which the maximum penalty is a term of imprisonment of three years; 
•	One charge of Negligently Dealing with Proceeds of Crime (Charge 38), for which the maximum penalty is a term of imprisonment of five years; 
•	One charge of Handling Stolen Goods (Charge 39), for which the maximum penalty is a term of imprisonment of 15 years;  
•	One charge of Making a False Document (Charge 40), for which the maximum penalty is a term of imprisonment of 15 years; 
•	One charge of Possessing a Drug of Dependence (Charge 41), for which the maximum penalty is five penalty units; and 
•	One charge of Possessing Identification Documents (Charge 42), for which the maximum penalty is a term of imprisonment of three years.
2	You have also pleaded guilty to  the related summary offences of:
•	Failing to stop on police request (Summary Charge 3), for which the maximum penalty is 120 penalty units or 12 months’ imprisonment;
•	Resisting a police officer (Summary Charge 45), for which the maximum penalty is three months’ imprisonment, 
•	Failure to answer to your bail (Summary Charge 51), for which the maximum penalty is six months' imprisonment; and
•	Unlicenced driving (Summary Charge 78), for which the maximum penalty is six months' imprisonment. 
3	Tendered on the plea as Exhibit 1 was a Summary of Prosecution Opening which set out the agreed facts of your offending. I annexe a copy of that document to these sentencing reasons. In brief, the circumstances of your offending were as follows. 
Circumstances of Offending 
4	On the 24 May 2019 you were bailed by the Moorabbin Magistrates’ Court to the 31 July 2019 for the alleged theft of an ID card belonging to your uncle. 
5	Between 25 May 2019 and 20 September 2019 you stole vehicles for your personal use or convenience (Charges 2, 3, 4 and 28). You treated the vehicles as your own and drove and used them as your personal transport. 
6	On 2 September 2019 you drove away from a Shell Service Station in Windsor without paying (Charge 6) and on 21 September 2019 you exited a carpark in Carlton without paying for the parking ticket of $10 (Charge 29).  At the time you had no licence (Summary Charge 78). 
7	On one occasion you hired a vehicle and then abandoned it in a car park where it was recovered weeks later, incurring unpaid hire fees of roughly $9,500 (Charge 1). 
8	On 31 August 2019 at 4:12 am you were detected by police driving a BMW sedan bearing stolen plates. When police attempted to intercept the vehicle you took off at a fast rate of speed (Summary Charge 3). 
9	Between 3 September 2019 and 2 October 2019, you and your co-offender, Mr Milad Shamoon, committed 9 residential burglaries (and two attempted residential burglaries). Two of the above stolen vehicles – the black BMW saloon (Charge 3) and a Hyundai Tucson (Charge 28) – were used by you when committing these residential burglaries: the black BMW it seems being your particular favourite. You repeatedly changed the registration plates on this vehicle by affixing plates stolen from vehicles of similar models (Charges 5, 10, 14, 19, 27). At times registration plates were stolen the day before a particular burglary.
10	Paragraphs [4] to [148] of the Summary of Prosecution Opening detail the particulars of the 11 daytime residential burglaries and attempted burglaries committed by you and your co-offender, Mr Shamoon. The burglaries (both completed and attempted) were all committed in the same manner.
11	Driving stolen vehicles with stolen registration plates attached, you would choose certain residential properties and park outside. There was no apparent pattern to the areas or the properties that were selected. It being daytime, your hope was that no one would be at home. You could however not be sure and the two attempted burglaries (Charges 11 and 26) reflect occasions when the occupiers were in fact at home and attempted to apprehend Mr Shamoon. On another occasion you were disturbed during the course of removing items from a property (Charges 34 and 35). 
12	If undisturbed, Mr Shamoon would approach the property, assess if anyone was home by knocking on the door, and he would then go to the rear yard of the property and force open either a door or a window to gain access to the dwelling. Once inside, Mr Shamoon would then search the property, looking for any items of value and taking whatever he might find, whilst you remained in the vehicle. In the process, premises were ransacked and often damage was caused. Stolen items from the various properties included including jewellery, electronic devices, cash and tools. (Charges 7, 8, 11, 12, 13, 15, 16, 17, 18, 20, 21, 22, 23, 24, 25, 26, 30, 31, 34, 35).
13	Whilst you remained in the vehicle, you were clearly ready to lend assistance if required. You entered a property to assist Mr Shamoon with transporting a large safe to the vehicle (Charges 17 and 18), and on another occasion (Charge 26) the occupier Mr Nicholls was at home. He saw Mr Shamoon walking down the side of his premises and grabbed him. You left your vehicle and approached Mr Nicholls who promptly released Mr Shamoon and then locked himself inside his home.  
14	You and Mr Shamoon would then split the stolen goods between yourselves, and onward sell the items to second-hand dealers, cash establishments who would not ask questions, or to people on the street. You also used stolen bank cards to purchase items (Charges 9, 32, 33).
15	The following 3 burglaries involved the theft of property valued at more than $50,000 and constitute continuing criminal enterprise offences. They provide a good illustration of the manner of your offending.
16	On 9 September 2019 you drove Mr Shamoon to 4 Verdant Avenue, Toorak, in the stolen black BMW. Mr Shamoon removed a flyscreen from a window and entered the property (Charge 17), where he proceeded to ransack the bedrooms and took various jewellery items. In the master bedroom, 
Mr Shamoon forcibly removed a 140 kg safe which was bolted to the floor. He rolled the safe through the bedroom, down the hallway and down the stairs which caused extensive damage to the flooring. You then entered the property with a trolley, loaded the safe onto it and wheeled the trolley to the front gate. You and Mr Shamoon then dropped the safe down the stairs at the front gate, causing the marble tiles to crack. You then loaded the safe into the stolen black BMW.
17	The total value of the items taken from your victim Ms Rakzuki was $570,000 (Charge 18), but including damage to the property, the loss came to $618,280.95. The victim's friend, Di O’Sullivan, called police when she walked past the property and noticed that there had been a break-in. CCTV footage of your residential address at the time, 3 Tomkins Road, later showed you inside the garage using an angle grinder to open the safe.
18	On 14 September 2019 you drove Mr Shamoon to 9 Hillside Crescent, Maribyrnong, again in the stolen black BMW. Mr Shamoon first knocked on the front door and, upon establishing no one was home, entered the house by forcing the kitchen window (Charge 24). Mr Shamoon then ransacked the master bedroom and stole jewellery items belonging to the occupier, Kieu Bui. The total value of the items taken was $84,000 (Charge 25). 
19	On 21 September 2019 Mr Shamoon parked outside 16 Stephen Street, Seddon in the stolen Hyundai Tucson (Charge 28). Mr Shamoon forced entry into the property through the back door (Charge 30). Once inside Mr Shamoon again ransacked the entire house and stole various items, including jewellery, a wedding and engagement ring, perfume, handbags and wallets, electronic devices and cash belonging to the owner, Mr Jensen Lloyd and his wife. You then arrived at the property in the stolen black BMW. Mr Shamoon carried a number of large bags of stolen items to the black BMW and got into the passenger seat before you drove off. The total value of the items taken was $91,436.45 (Charge 31). Credit cards stolen in the course of this robbery were those used in Charges 32 and 33, where items to an approximate value of about $1,000 were obtained.
20	On 3rd October 2019 police observed you driving the stolen black BMW, displaying stolen number plates, in Port Melbourne outside your address in Tomkins Street. They followed the vehicle to Collins Street in Melbourne's CBD, parked alongside your stationery vehicle and approached the driver's door, which Senior Constable Gataric then opened. When you saw police, you immediately reversed into a van parked behind you. This trapped the police officer between your open driver’s door and the police vehicle. You then drove forward, colliding with the police vehicle, and then driving east along Collins Street. Two police vehicles activated their lights and sirens and followed you. In order to evade the officers you drove at speed through red traffic lights, narrowly missing pedestrians crossing at intersections. You eventually came to a stop on Olympic Boulevard in stationary traffic but when you noticed police vehicles were still following you, you mounted the pavement and drove around the stationary traffic, narrowly missing a cyclist who was waiting on the footpath.  You then turned left onto Punt Road, where you were last seen travelling north.  The police officers ceased their pursuit of you. (Charges 36 and 37). 
21	On the same day a large number of stolen items (see schedule to Exhibit 1) was found at your Tomkins Road home address in Port Melbourne (Charge 38).
22	On 4 October 2019 police recovered the stolen black BMW in Richmond. Upon examination of the vehicle, collision damage was observed on the rear bumper and front doors. Various items were collected from the BMW, including drink containers, cigarette butts, clothing, jewellery, wallets and credit cards in different victims' names. These items were later identified as being stolen and linked to your offending. 
23	On 10 October 2019 police attended the second hand dealer store, Cash For Anything, in Prahran, where you were standing at the counter attempting to sell stolen watches. After some perceived resistance (I understand you held up your motorcycle helmet (Summary Charge 45)) you were arrested and transported to Prahran Police Station to be interviewed. Police searched your backpack and found various items, including jewellery and sunglasses (Charge 39) and a forged South Australian driver's licence in your name (Charges 40 and 42). Methylamphetamine and cannabis were also found in your possession (Charge 41). You failed to appear at the Moorabbin Magistrates Court on 31 July 2019 to answer your bail (Summary Charge 51). Upon your arrest, this warrant was executed. Thus all of this offending was committed whilst you were on bail.
24	In your Record Of Interview you made full and frank admissions as to your offending and provided considerable assistance to the investigation. You also admitted to the theft of two vehicles (Charges 1 and 2) which offences were not then known to police at that stage.
25	Since your arrest, save for a brief period to which I shall refer below, you have remained either in custody or at Odyssey House where you were subject to the regime of that respected residential rehabilitation facility. You have also served a two month sentence declared as time served and imposed upon you in November of 2020.
Personal circumstances
26	I turn now to your personal circumstances.
27	You were born in March 1987 the only child of your birth parents. You are now 35 years of age and were 32 at the time of this offending. Your parents separated shortly after your birth and your mother moved with her new partner to Perth where you were raised with two other brothers and one sister. You have always kept in touch with your father. Your mother's new partner was a violent alcoholic and in your early years you witnessed his violent assaults upon your mother. As you grew older you also became a victim of his violence. When you were 14 and after one particularly violent assault, your mother fled the family home with you and your siblings, never to return. 
28	Your mother moved to a friend's home and you and your brothers had to fend for yourselves with thus little stability in your lives, but you nonetheless completed Year 10 and then began an apprenticeship in panel beating. You worked in that trade solidly for the next five or six years eventually setting up your own business.  Unfortunately your business lost money which placed pressure both on you and your then five year relationship, which ended shortly thereafter. You had up to this point used drugs and alcohol on a 'casual basis' from the age of 15 but your response to the relationship breakdown was escalating use of methamphetamine and GHB, which use quickly became problematic. Your life began to unravel and financial stress led to criminal activity to fund both your own habit and your material needs. 
29	In July 2014 you received a term of 22 months imprisonment for offending including possession of methamphetamine with intent to supply. You were released on parole in August 2014 and you had a period of stability, living with your mother and working again in your trade. You maintained abstinence for a period I am told of some 18 months. Unfortunately you then relapsed and received another term of imprisonment in July 2017 for drug, dishonesty and driving offences, but you once again were admitted to parole and returned to working.
30	Mr Shabani, I make it clear you do not fall to be dealt with for offences for which you have already been dealt with by the court.  But your criminal history forms part of your personal narrative and it also informs my assessment of your prospects for rehabilitation, the need for specific deterrence, your moral culpability and the need to protect the community.  
31	In early 2018 your birth father passed away. This loss, I am told, had a great impact upon you. You came to Victoria to sort out your father's affairs. You had employment and you began a positive relationship with Ms Robina Ashraf, who had her own career and has never been involved with the criminal justice system.  You lived with Ms Ashraf in Port Melbourne and it was that address at which police attended on 3 October 2019.  You did however return to drug use and hid your escalating drug use from her.
32	I am told and accept that you became overwhelmed with the responsibility of sorting out your father's affairs. Demands it seems were made upon you to settle ever larger debts. Your response to this pressure was, as it had been in the past, further escalating drug use. You also began to visit Crown Casino and to gamble heavily. In need of money to fund your drug habit, your gambling and your other material needs, you embarked upon the offending for which you fall to be sentenced today. Thus your problematic gambling and escalating methamphetamine dependence provides a context to - although it does not excuse - the offending.
33	Upon your arrest you were remanded into custody. Whilst in custody you sought to engage in treatment and a place was found for you at Odyssey House. On 6 August 2021, on defence application, I deferred your sentence and granted you bail to enable you to commence residence at Odyssey House and to begin the rehabilitation program. 
34	On 12 November 2021, I was told you had graduated from Phase 1 and, in light of your reported good progress, I further deferred matters and your bail was extended. Unfortunately in late January 2022 you were exited from the program at Odyssey House due to your substance use whilst in Covid isolation. Back in the community you then relapsed and your bail was revoked on 16 February 2022 and you have again remained in custody since that date. 
Submissions of Counsel
35	Mr Petric, learned counsel on behalf of the Director, submitted correctly that this was serious offending and the only appropriate disposition was a head sentence with a non-parole period.
36	Mr Barrera, on your behalf, in his comprehensive and exhaustive submissions, accepted that this was serious offending. In mitigation of sentence he relied upon the following.
•	Your plea of guilty which was entered at the earliest opportunity and which brings with it the particular value at a time of the Covid pandemic, which value must be recognised;
•	Your full and frank admissions in your record of interview which he submitted enlivened the 'Doran' discount, given your admission to some offending of which police were not yet aware – as for example Charges 1 and 2 and the assistance that you provided to the investigation; 
•	Further he submitted that without your admissions some charges on this indictment could not have been laid. I am not as confident as Mr Barrera was as to that contention, but I do give what weight I can to his submissions in that regard. Clearly I view your admissions and conduct as significant evidence of remorse.
•	He also submitted that regard should be had to the time that you spent at Odyssey House in accordance with established principle.
•	Lastly, he relied upon the principle of totality.
37	Mr Barrera’s ultimate submission was that it was open to the court to impose a combination sentence. I cannot agree with that submission in light of the need to fix a non-parole period, but, in any event, I am of the view that was not a course open to the court.
Objective Gravity
38	Mr Shabani, this was serious offending, as Mr Barrera on your behalf realistically conceded and as is clear by the maximum penalties imposed by Parliament. Indeed, for Charges 18, 25 and 31, the maximum penalty is a term of imprisonment of 20 years' in prison.
39	Burglaries of, and thefts from, people's homes represent violations of the intimate domestic space of those who are its victims. Homes, which should be places of refuge and security, comfort and joy, are ransacked with no thought given to the sense of violation that is visited upon the victims. Items of great personal and sentimental value, but perhaps little material value, are treated with contempt, ripped apart, trodden on and/or discarded. Further, items that are deemed by the offenders to be of material value are taken and sold for a fraction of their value to people or indeed to premises where few, if any, questions are asked.
40	But in addition to financial loss it is offending which can create a lasting sense of trauma as the Victim Impact Statements which were tendered in this matter make clear. 
41	Mr Lloyd, who lived at Stephen Street, Seddon (Charges 30 - 33), in his Victim Impact Statement (Exhibit 3), spoke of his family's ongoing feelings of suspicion, helplessness and at times despair. The hospital tags of his newborn son, are gone, never to be retrieved, and he and his wife since the offending have only allowed direct family members to come into their home.
42	Ms Razuki who lived at Verdant Avenue (Charges 17 and 18) in her Victim Impact Statement (Exhibit 4) spoke of the trauma, the distress, and again the loss of the hospital wristbands of her four children when they were newborn.  It is a loss that cannot be replaced, of items of no value to you or Mr Shamoon. She also spoke of the physical and emotional toil of the task of dealing with insurance companies and making the home safe again. 
43	Ms Stevenson who lived in Marriner Street (Charges 12 and 13) in her Victim Impact Statement (Exhibit 5) wrote of “how someone had invaded my home and I couldn’t bear to go in and look”. She initially thought it was her partner who had been very messy. She had never bought a lot of jewellery but what she did have was handed down to her through generations and as she described “was connected to stories of hardship and stories of love”. The impact of your offending is that she wanted to sell her property and move out of Melbourne, because she no longer felt able to be safe and be secure.
44	Now these Victim Impact Statements of course cannot overwhelm the sentencing process, but no one in this court can be under any illusion that your offending has a most traumatic and potentially lasting impact upon your victims.
45	In abandoning the hire car (Charge 1), and stealing the vehicles and registration plates at will, so it seemed, you demonstrated a complete contempt and disregard for the property and the interests of others.
46	You reported being approached by your co-offender Mr Shamoon who asked you to accompany him on a series of burglaries upon which he had already embarked. This was a matter that was raised on your plea.  Now whilst it was Mr Shamoon who went in to the properties, your actions at Verdant Avenue (Charges 17 and 18) where you assisted in the removal of the safe, and at Powell Street Yarraville (Charge 26) where you approached the victim who had grabbed hold of Mr Shamoon, demonstrates your preparedness, your willingness to lend assistance if and when required. On the material in front of me for the offending which is in front of me, I am satisfied that you and 
Mr Shamoon were an effective team and bear equal criminal responsibility. You had plenty of time to realise and appreciate the wrongfulness of your actions and in my view your moral culpability is high.
47	Your actions on 3 October 2019, likewise represent serious offending. Senior Constable Gataric was acting in the course of her duty when attempting to arrest you. She had identified herself to you as a police officer multiple times. Your response was to reverse your vehicle with its driver's door still open, with no thought to the risk of injury to that officer. Fortunately for Senior Constable Gataric, and it follows for you, her injuries were minor and not lasting. But nonetheless in her Victim Impact Statement (Exhibit 2) she wrote of her shock, her fear and her continued caution even today when intercepting vehicles. She played the events around her head again and again. But having reversed, you then proceeded to drive through crowded rush-hour city streets, at 9 am on a weekday morning, only narrowly avoiding pedestrians and cyclists as the CCTV footage shows, until such time as it was no longer possible for police to follow you. 
Consideration
48	Now Mr Shabani, the sentencing process is not about revenge, nor it is not about retribution. It cannot give back to your victims that which has been taken from them. But rather in sentencing you, I must have regard to a range of different factors.  I must give effect to the principle of general deterrence, that is I must deter others from behaving as you did. I must consider specific deterrence, that is the need to deter you from any repeat of such offending. I must consider the need to protect the community from you and to express the community's denunciation of your conduct. I should promote, if possible, your rehabilitation. I must take into account the effect of your crimes upon your victims.  I must have regard to the statutory maximum penalties for the offences to which you have pleaded guilty and to current sentencing practices. In short, I must try to balance your personal circumstances with the circumstances of your offending and I am required by law to pass no longer a sentence than is necessary in all the circumstances of the case as I find them to be.
49	Now general and specific deterrence, just punishment, denunciation and protection of the community are all relevant sentencing purposes in your case.
50	In sentencing you I have had regard to all of the matters raised on your behalf by Mr Barrera. I place particular regard to the following matters:
•	The traumatic circumstances of your childhood;
•	Your plea of guilty which was entered at the earliest opportunity and so brings with it both the practical value of saving the community the time and the cost of a trial, but also brings particular value in this current time of a pandemic when the court's backlog is piling up and which benefit must be recognised;
•	I have regard to the circumstances, the uncertainties and the restrictions of your time on remand during the period of the pandemic;
•	I have had regard to your full and frank admissions in your Record of Interview and to the assistance that you provided to the investigation as indicating both your genuine remorse and as meriting significant mitigation of your sentence;
•	I give credit for the time that you have spent at Odyssey House and the restrictive regime under which you were placed.
51	You have in the past, Mr Shabani, achieved periods of abstinence.  They have then been followed by relapse. It does seem on all the material in front of me that you are capable of rehabilitation. You have got a trade, you are able to find love, a partner, you clearly have some things going for you. But, as you must be aware, your prospects depend upon you being able to remain drug-free.
52	The objective gravity of your offending is such that it can only be met by a significant term of imprisonment. I have however moderated the sentences and orders for cumulation I would otherwise have made. I have also set a shorter non-parole period to enable you, should you achieve parole, to have a sustained period of community supervision to aid your rehabilitation.
Sentence
53	Firstly, I turn to the burglaries and the theft from properties: 
15 Oxford Street Malvern on 3 September 2019
•	On Charge 7, Burglary – you are sentenced to a term of imprisonment of 
18 months.
•	On Charge 8, Theft – you are sentenced to a term of imprisonment of 
3 months 
12 Effingham Road Newport on 5 September 2019
•	Charge 11, Attempted Burglary – you are sentenced to a term of imprisonment of 12 months.
9 Marriner Street, Williamstown on 5 September 2019
•	Charge 12, Burglary – you are sentenced to a term of imprisonment of 
18 months.
•	Charge 13, Theft – you are sentenced to a term of imprisonment of 17 months.
7 Scotsburn Grove Toorak on 9 September 2019
•	Charge 15, Burglary – you are sentenced to a term of imprisonment of 12 months.
•	Charge 16, Theft  – you are sentenced to a term of imprisonment of 5 months.
4 Verdant Avenue Toorak on 9September 2019
•	Charge 17, Burglary – you are sentenced to a term of imprisonment of 
20 months.
•	Charge 18, Theft – you are sentenced to a term of imprisonment of 30 months.
14 Dove Street West Footscray on 13 September 2019
•	Charge 20, Burglary – you are sentenced to a term of imprisonment of 
20 months.  
•	Charge 21, Theft – you are sentenced to a term of imprisonment of 12 months.
5 River Street Maribyrnong on 13 September 2019
•	Charge 22, Burglary – you are sentenced to a term of imprisonment of 
20 months.
•	Charge 23, Theft – you are sentenced to a term of imprisonment of 20 months.
9 Hillside Crescent Maribyrnong on 14 September 2019
•	Charge 24, Burglary – you are sentenced to a term of imprisonment of 
20 months.
•	Charge 25, Theft  – you are sentenced to a term of imprisonment of 22 months.  
4 Powell Street Yarraville 15 September 2019
•	Charge 26, Attempted Burglary – you are sentenced to a term of imprisonment of 16 months.
16 Stephen Street Seddon 21 September 2019
•	Charge 30, Burglary – you are sentenced to a term of imprisonment of 
21 months.
•	Charge 31, Theft – you are sentenced to a term of imprisonment of 24 months.
12 Walsh Street Sunshine North on 2 October 2019
•	Charge 34, Burglary – you are sentenced to a term of imprisonment of 
20 months.
•	Charge 35, Theft – female victim lived alone - you are sentenced to a term of imprisonment of 12 months.
•	On Charges 9, 32 and 33, I am sentencing you to an aggregate sentence of 3 months imprisonment.
•	On Charges 38 and 39, I am sentencing you to an aggregate sentence of 6 months' imprisonment.
54	For the vehicle thefts:
•	Charges 1, 2, 3, 4, 28, you are sentenced to an aggregate sentence of 15 months.
55	You are also disqualified from obtaining a licence for a term of 30 months.
56	For the thefts of the various registration plates:
•	Charges 5, 10,14,19,27 you are sentenced to an aggregate sentence of six months.
•	Charge 6 and 29, you are convicted and discharged.
57	Now for the charges that I have described as miscellaneous: 
•	On Charges 40 and 42, you are you are sentenced to an aggregate sentence of three months' imprisonment.
•	Charge 41, you are convicted and discharged.
58	For the charges relating to the police chase on 3 October 2019:
•	On Charge 36, you are sentenced to a term of imprisonment of 15 months. 
•	On Charge 37, you are sentenced to a term of imprisonment of 12 months and you are disqualified from obtaining a licence for a period of two years.
59	Lastly, in relation to the Summary Charges:
•	On Summary Charge 3, you are sentenced to a term of imprisonment of one month and your licence disqualified for a period of 15 months.
•	On Summary Charge 45, you are sentenced to a term of imprisonment of one month.
•	On Summary Charge 51, you are sentenced to a term of imprisonment of one month.
•	Summary Charge 78, you are sentenced to a term of imprisonment of one month.
60	I order that 1 month of the sentence on Charge 7; 1 month of the sentence on Charge 11; 2 months of the sentence on Charge 12; 2 months of the sentence on Charge 20; 3 months of the sentence on Charge 23; 2 months of the sentence on Charge 25; 1 month of the sentence on Charge 26; 3 months of the sentence on Charge 31; 2 months of the sentence on Charge 35; 5 months of the sentence on Charge 36 and 2 months of the sentence on Charge 37 run cumulative to each other and cumulative to the sentence on Charge 18.
61	This makes a Total Effective Sentence of four years and six months and I fix a non-parole period of two years and nine months.
62	As I have already stated, I have moderated the sentences and the orders for cumulation that I would otherwise have made.  Whilst I recognise it is a somewhat artificial exercise - pursuant to s6AAA of the Sentencing Act 1991 I declare that had you not pleaded guilty you would have been sentenced to a Total Effective Sentence of 7 years and 6 months with a non-parole period of 
5 years and six months.
63	Pursuant to s 18 of the Sentencing Act 1991  I declare that you have served 707 days of the sentence I have today passed upon you, and I direct that this be entered into the records of the court.
64	I make a forfeiture order consistent with the Schedule to Exhibit 1.
65	Pursuant to s 86 of the Sentencing Act 1991 I make an order for compensation in the sum of $69,401.60.
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