DPP v Howell [2025] VCC 1796

The agreed basis for your guilty pleas is set out in the summary of prosecution opening dated 2 February 2025.
In short, on 20-21 January 2023, you broke the padlock to a Millbrook farm gate and entered a shed on that property as a trespasser (Summary Charge 84).
On 21 February 2023, you kicked in the front door to a home in Sonia Street, Ringwood and entered intending to steal (Charge 3 - burglary) and drove away in a white Ford Ranger (Charge 2 - theft of motor vehicle).
On 22 February 2023, the next day, you stole a Holden station wagon from a home in Horsham (Charge 4 - theft of motor vehicle).
On 3-4 March 2023, you and your co-offender girlfriend Kandice Smith, stole a Ford Ranger from a home in Domain Circuit, Ararat (Charge 6, theft of motor vehicle).
On 9 March 2023, police received various items that a witness had obtained from you including wallets, identification cards, membership cards, driver licenses, firearms licence, work licences, debit cards, credit cards, fuel cards, wallets, a marine licence, handbags, Medicare cards, organ doner register card, working with children card, passports, vehicle keys, cash, jewellery, a watch and electronic devices (all of that relating to Charge 1 - handle stolen goods, on which you have already sentenced ).
On 13 March 2023 you were seen driving a vehicle whilst your licence was suspended (summary Charge 61).
On 14 March 2023, you were driving the stolen Ford Ranger in Malden whilst your licence was suspended (summary Charge 62).
On 14-15 March 2023, you stole a Maroon station wagon from a home in Parkins Reef Road, Maldon (Charge 8, theft of vehicle).
On 15 March 2023, police found the White Ford Ranger you had stolen and from it recovered stolen numberplates, a birth certificate, a caravan park access card (Charge 5, handle stolen goods).
On the same day, you broke into a home at the Ballan-Daylesford Road, Sailors Falls, intending to steal (Charge 10, burglary).
On 16 March 2023, you broke into a home at Hughes Parade, Reservoir intending to steal (Charge 11, burglary) and took jewellery and $1,200 cash (Charge 12, theft).
That same day, police recovered the Maroon station wagon you had been using and in it they found stolen bank cards, numberplates, passports, school documents, an antique drawer, military memorabilia and firearms cleaning kit (Charge 9, handle stolen goods).
The next day on 17 March 2023, in the early hours of the morning, you stole car keys from a vehicle parked in Lambert Street, Ararat (Charge 14, theft). You then stole the Land Cruiser parked nearby to which the keys belonged (Charge 15, theft of motor vehicle).
Later that day, you broke into and ransacked a house in Dunnstown (Charge 16, burglary).
On 19 March 2023, you stole a red Isuzu utility from the Gellibrand football club (Charge 17, theft of motor vehicle).
On 20 March 2023, police found the Toyota Land Cruiser you had been driving and later recovered from it a stolen religious item (Charge 13, handle stolen goods).
On 21 March 2023, police arrested you and Smith in Maribyrnong. You had the keys to the red Isuzu utility in your pocket, $1,490 being proceeds from the sale of stolen jewellery (summary Charge 58) and a knife concealed in your pants (summary Charge 59, possess controlled weapon).
Police located the Isuzu you were using and from it recovered stolen bank cards, drivers licenses, a torch, gold nuggets, car keys and jewellery, along with an axe used in at least one of the burglaries (Charge 7, handle stolen goods). There was also methylamphetamine (Charge 18) and cannabis (Charge 19) and cartridge ammunition for which you were not licensed (summary Charge 57).
The Isuzu also had false registration plates (summary Charge 54).
The following provided victim impact statements relating to your dishonest conduct - Mostafa Morshed (Exhibit A), Ruma Rahim (Exhibit B), Denise Ross (Exhibit C), Suzanne Herbet (Exhibit D), and Cheryl Brown (Exhibit E). They describe feeling unsafe and fearful in their own homes following your offending, with many installing security systems as a result. They also describe suffering financially in losing precious items and having to repair damage caused by your offending. These all relate to homes where people were entitled to feel safe and where you invaded that safety.
They of course have experienced a terrible incursion into their privacy. You took valuable items from them, including licences and other cards which disrupted their ability to engage in their day-to-day activities.

DPP v Howell [2025] VCC 1796 | Case summary | Zoe

The agreed basis for your guilty pleas is set out in the summary of prosecution opening dated 2 February 2025.
In short, on 20-21 January 2023, you broke the padlock to a Millbrook farm gate and entered a shed on that property as a trespasser (Summary Charge 84).
On 21 February 2023, you kicked in the front door to a home in Sonia Street, Ringwood and entered intending to steal (Charge 3 - burglary) and drove away in a white Ford Ranger (Charge 2 - theft of motor vehicle).
On 22 February 2023, the next day, you stole a Holden station wagon from a home in Horsham (Charge 4 - theft of motor vehicle).
On 3-4 March 2023, you and your co-offender girlfriend Kandice Smith, stole a Ford Ranger from a home in Domain Circuit, Ararat (Charge 6, theft of motor vehicle).
On 9 March 2023, police received various items that a witness had obtained from you including wallets, identification cards, membership cards, driver licenses, firearms licence, work licences, debit cards, credit cards, fuel cards, wallets, a marine licence, handbags, Medicare cards, organ doner register card, working with children card, passports, vehicle keys, cash, jewellery, a watch and electronic devices (all of that relating to Charge 1 - handle stolen goods, on which you have already sentenced ).
On 13 March 2023 you were seen driving a vehicle whilst your licence was suspended (summary Charge 61).
On 14 March 2023, you were driving the stolen Ford Ranger in Malden whilst your licence was suspended (summary Charge 62).
On 14-15 March 2023, you stole a Maroon station wagon from a home in Parkins Reef Road, Maldon (Charge 8, theft of vehicle).
On 15 March 2023, police found the White Ford Ranger you had stolen and from it recovered stolen numberplates, a birth certificate, a caravan park access card (Charge 5, handle stolen goods).
On the same day, you broke into a home at the Ballan-Daylesford Road, Sailors Falls, intending to steal (Charge 10, burglary).
On 16 March 2023, you broke into a home at Hughes Parade, Reservoir intending to steal (Charge 11, burglary) and took jewellery and $1,200 cash (Charge 12, theft).
That same day, police recovered the Maroon station wagon you had been using and in it they found stolen bank cards, numberplates, passports, school documents, an antique drawer, military memorabilia and firearms cleaning kit (Charge 9, handle stolen goods).
The next day on 17 March 2023, in the early hours of the morning, you stole car keys from a vehicle parked in Lambert Street, Ararat (Charge 14, theft). You then stole the Land Cruiser parked nearby to which the keys belonged (Charge 15, theft of motor vehicle).
Later that day, you broke into and ransacked a house in Dunnstown (Charge 16, burglary).
On 19 March 2023, you stole a red Isuzu utility from the Gellibrand football club (Charge 17, theft of motor vehicle).
On 20 March 2023, police found the Toyota Land Cruiser you had been driving and later recovered from it a stolen religious item (Charge 13, handle stolen goods).
On 21 March 2023, police arrested you and Smith in Maribyrnong. You had the keys to the red Isuzu utility in your pocket, $1,490 being proceeds from the sale of stolen jewellery (summary Charge 58) and a knife concealed in your pants (summary Charge 59, possess controlled weapon).
Police located the Isuzu you were using and from it recovered stolen bank cards, drivers licenses, a torch, gold nuggets, car keys and jewellery, along with an axe used in at least one of the burglaries (Charge 7, handle stolen goods). There was also methylamphetamine (Charge 18) and cannabis (Charge 19) and cartridge ammunition for which you were not licensed (summary Charge 57).
The Isuzu also had false registration plates (summary Charge 54).
The following provided victim impact statements relating to your dishonest conduct - Mostafa Morshed (Exhibit A), Ruma Rahim (Exhibit B), Denise Ross (Exhibit C), Suzanne Herbet (Exhibit D), and Cheryl Brown (Exhibit E). They describe feeling unsafe and fearful in their own homes following your offending, with many installing security systems as a result. They also describe suffering financially in losing precious items and having to repair damage caused by your offending. These all relate to homes where people were entitled to feel safe and where you invaded that safety.
They of course have experienced a terrible incursion into their privacy. You took valuable items from them, including licences and other cards which disrupted their ability to engage in their day-to-day activities.

[5]

You were 24 at the time of the offending. You are now 27.
You are the only child of your parents, who separated shortly after your birth due to family violence your father carried out against your mother. Your mother initially retained custody of you, but at the age of three your father took custody due to your mother's substance use issues.
Your father was violent towards you and provided you with little parental support. You report frequently being left unsupervised, having to feed yourself, and having to get yourself ready for school.
At 12 you went back to living with your mother, who by that point had got her substance abuse issues under control. Sadly, she passed away from lung cancer while you were in custody for these matters.
You attended two primary schools, struggling academically, socially, and behaviourally in both. You did not go on to high school.
Around this time, you gravitated towards anti-social peers. You began smoking cannabis at 12, were temporarily homeless at 14, then began using meth at 16. You report smoking up to 2 grams a day of methamphetamine during this period of your offending. You were also heavily using GHB.
You completed eight months of a plumbing apprenticeship but were unable to complete it. You then worked as an asbestos remover for about four months. You were unemployed and in receipt of the Disability Support Pension at the time of your offending.
You have an extensive and a relevant criminal record. You have been convicted of burglary (including attempted or aggravated burglary) six times, for which you received three terms of detention in a Youth Training Centre and one term of imprisonment. You have been convicted of offences involving either handling, retaining, or receiving stolen goods six times, for which you have received two terms of imprisonment.
In 2018 you were sentenced to two terms of imprisonment for 10 months and one month, respectively. In 2019, you were sentenced to four months. In 2021, you were sentenced to three years (with a non-parole period of 20 months with 610 days' pre-sentence detention declared).
In 2022, you were sentenced to 11 months to be served by way of a Drug and Alcohol Treatment Order. You spent seven days in custody for breaching that Order.
You were also sentenced to a further two terms of imprisonment whilst on remand for this matter. On 23 May 2023, your DATO was cancelled and on that day you were sentenced to 165 days' imprisonment. On 17 June 2024 you were sentenced to three months' imprisonment for affray.
You have tested negative to a number of drug screens while in custody and have completed the ATLAS 'Adapt' course (Exhibit 3).
Neuropsychologist Dr Matt Treeby assessed you and provided a report dated 3 January 2025 (Exhibit 1). In it he stated you have a mild intellectual disability, consistent with a childhood assessment, and various substance use disorders. He also found you have antisocial attitudes and beliefs, possibly an antisocial personality disorder.
He assessed your risk of re-offending to be high and your prospects of rehabilitation to be guarded, noting that your substance use issues are inherently linked with your future risk.
Finally, Dr Treeby found that imprisonment would not necessarily be more onerous for you due to your intellectual disability, and that conversely, imprisonment has benefitted you by providing an extended period of abstinence from drugs.
You have a current NDIS package which provides you access to various supports including behaviour support, daily living skills, support

[7]

The maximum penalty for handling stolen goods is 15 years' imprisonment. For burglary or theft it is 10 years each.
On the summary offences, the maximum is two years each for Dealing with what is reasonably suspected to be proceeds of crime and driving whilst suspended. It is one year for carrying a controlled weapon. It is six months for trespassing and two months for forging a registration label. It is a fine only for possessing ammunition without a permit or licence.
The objective gravity of breaking into and stealing from other people's homes is substantial. Homes are meant to be places where people and their possessions are safe and secure. Your offending in this respect shows a complete disregard for this fundamental social norm.
Your handling of stolen goods, resulting from multiple other burglaries and thefts is no less serious. While you will not be sentenced for stealing them, given the nature of the items you had, you must have known they were obtained in breach of their owner's privacy and that they were of significant personal value to the victims. Engaging in the handling contributes to the market of stolen goods.
Your sentence on Charges 1, 5, 7 and 9 will be increased because they are rolled-up charges, each relating to numerous items.
You, and sometimes your then girlfriend, engaged in these offences alone and the only reason proffered for doing so was to make money for drugs. This does not make the offending less serious or lessen your responsibility for it.
I do accept, however, that you have an intellectual disability. This means that you struggle to make decisions in difficult circumstances, such as when you are craving for drugs or being encouraged by others to offend. This reduces your blameworthiness, and this will be reflected in your sentences individually and together.
I have considered the fact that during 2022 you were on a Drug and Alcohol Treatment Order in the Magistrates' Court and that this offending occurs at the end of that sentence. I accept that such a program is demanding and requires you to engage with the Court on an intensive basis. I will not hold it against you that you offended so close to that sentence.
Nevertheless, others must be deterred from committing domestic burglaries and stealing valuable private items. To achieve this, I must impose a sentence on you that to some extent sends a message. Your sentence must also express the community's denunciation of what you did and impose appropriate punishment on you. However, I have tempered each of these considerations given your disability, particularly in calculating degrees of cumulation.
You have a relevant and lengthy criminal history. While I will not increase sentence because of your past mistakes, they are relevant to assessing your prospects for change and the need to deter you personally from doing this again.
Your repeat offending means that I must also give some weight to community protection.
Even though you are to be sentenced for many individual offences, I will adjust the total of your sentence to make sure it is appropriate and proportionate to the total of what you did by making orders for concurrency and cumulation.
Your co-offender Ms Smith was found guilty of two burglaries only, four thefts of motor vehicles, another theft, and two charges of retaining stolen goods and dealing with property reasonably suspected to be proceeds of crime. A magistrate sentenced her to 13 months' imprisonment combined with a CCO for 18 months.
It was not suggested that you be sentenced on par with her. This is because you face a substantially higher number of offences. But I will have regard to her sentence when deciding what is appropriate for you.
I regard your prospects of rehabilitation to be guarded. You have offended like this before on a number occasions and your current charges represent a spree of repeat offending. To some extent, I accept that this can be explained by the challenges you face because of your disability.
I accept your addiction can be treated, but this will require you to work hard. This is probably the only way you will avoid returning to prison. It is imperative that support workers and other services be put in place for your next release and that you engage with them.
Both the prosecutor and your counsel agree that the Court should impose a prison sentence, and I too agree.
I have considered whether I should impose a combination sentence, however, I have come to the view that due to the length of the sentence and the need for intensive support and supervision on your release, it is appropriate that the Adult Parole Board manage your transition back into the community. You will need to apply for parole.
While I have heard that you have not been granted parole in the past, I have structured the total sentence so as to allow the Board ample time to manage that transition. In imposing this sentence, it is my expectation that they will do so.
I sentence you as follows:

[35]

On each of the charges for theft of a motor vehicle, s 88 of the Road Safety Act requires me to cancel any licence you currently hold and disqualify you from obtaining another. On each of Charges 2, 4, 6, 8, 15 and 17, you are disqualified from driving or from getting a further licence for 12 months each, commencing today.
MR PICKERING: This may have been done some time ago, Your Honour, but there were ancillary orders which were filed, I don't know whether they've been already signed off at past hearings.
HIS HONOUR: No issue with any of those, I take it?
MR RIORDAN: No, Your Honour.
HIS HONOUR: We'll check to see whether they have been signed back on a previous date.
MR PICKERING: I agree with the figures, Your Honour.
MR RIORDAN: Yes, Your Honour, I agree also.
HIS HONOUR: There was a forfeiture order in relation to ammunition found but also other things, a gun bag, a scope box, et cetera. Did that all apply to material that no longer proceeded on a charge?
MR PICKERING: There was a disposal order, Your Honour, which lists some 46 items.
HIS HONOUR: Yes.
MR PICKERING: Most of which are miscellaneous things that have been seized such as gloves, receipts, number plates and the like.
HIS HONOUR: Yes.
MR PICKERING: There was a separate forfeiture order under the Firearms Act and that is, as Your Honour has noted, the gun bag, loose ammunition and the like.
HIS HONOUR: So that's down to 15 items.
MR PICKERING: That's 15 items, and then there was a final forfeiture order and some of that is, that's quite a long list, Your Honour, that's 105 items.
HIS HONOUR: One hundred and five, yes.
MR PICKERING: Yes.
HIS HONOUR: Do you have instructions about all of those, Mr Riordan?
MR RIORDAN: Yes, they're consented to, Your Honour.
HIS HONOUR: So I just sign them, all three?
MR RIORDAN: Yes.
HIS HONOUR: Is there anything further?
MR RIORDAN: Just one matter. I'd just seek some clarification about the intention behind Your Honour's sentence. The reason why I raised that issue about the non-parole period and the fixing of one, is because I foresaw a problem whereby Your Honour sentenced Mr Howell to six months a few weeks ago, and you have reckoned some 661 days

[37]

non-parole period of 26 months. 28. HIS HONOUR: Yes. 29. MR RIORDAN: So just over four months before he would be eligible for parole. 30. HIS HONOUR: Yes. 31. MR RIORDAN: My concern is with a straight sentence being imposed of six months, I had thought that that would result in him needing - - - 32. HIS HONOUR: So there needs to be a concurrency between that and this. 33. MR RIORDAN: And even as wholly concurrent, doesn't he need to finish serving that sentence - - - 34. HIS HONOUR: That's right. 35. MR RIORDAN: - - - before he's eligible for parole, so it's - - - 36. HIS HONOUR: So it's not a s14 problem, it's an order of service of sentence problem. 37. MR RIORDAN: Yes. 38. HIS HONOUR: Which means that the six months has added 16 days on top already - - - 39. MR RIORDAN: Yes. 40. HIS HONOUR: - - - because he's served it. But will now add five and a half months on top, because it will be served before the non-parole period. I must say in imposing the sentence I just imposed, I intended this sentence to be served concurrently from today - - - 41. MR RIORDAN: Yes. 42. HIS HONOUR: - - - with the sentence he was already serving. So is it sufficient for me to say that the total effective sentence today is to be served concurrently with the sentence already being served? 43. MR RIORDAN: In my submission that would avoid the order of sentence resulting in him doing the remaining five months and then starting his non‑parole period. 44. HIS HONOUR: Well that is what I intended. 45. MR RIORDAN: Yes. 46. HIS HONOUR: I had adjusted the sentence in different ways to take account of the fact that he was already serving the six months. So if I simply indicate that today's sentence is to be served concurrently with other State sentences currently being served, does that satisfy you? 47. MR RIORDAN: Yes, in regards to the issue of delaying the start of this sentence. My next issue is, does it result in his eligibility for parole being delayed? 48. HIS HONOUR: It shouldn't. 49. MR RIORDAN: Because he has five months or thereabouts left of that straight sentence Your Honour imposed. Granted it is being served concurrently, but it would ultimately mean that that sentence won't be served for a further five months, when he is eligible for parole in about four. 50. HIS HONOUR: I don't think I can do anything about that. 51. MR RIORDAN: No. I think that's right. 52. HIS HONOUR: Yes. 53. MR RIORDAN: But it's just something I wanted to raise. 54. HIS HONOUR: Yes, well I was aware that there was six months. And I have set the minimum non-parole period in the new matters as far as, as best as I can. Yes, I think that's just a feature of how the sentences will operate. 55. MR RIORDAN: Thank you, Your Honour. 56. HIS HONOUR: Anything from you, Mr Pickering? 57. MR PICKERING: No, Your Honour. 58. HIS HONOUR: All right. Thank you.

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