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1. Thor Sven Kristiansen is before the court for sentence having pleaded guilty to 47 separate offences, which have been grouped as follows:

Reference Offence Max. Penalty Number Series One – 6 July 2024 Fail to stop motor vehicle 1. First offender = $16,000 fine, for police contrary to s 5C of 12 months imprisonment, or both CAN 8916/2024 the Road Transport (Safety Automatic licence disqualification for 3 (transfer charge) and Traffic Management) months, or a longer period if the court Act 1999 (ACT) (Road so orders. Safety Act) $32,000 fine,

2. Aggravated Furious, reckless, dangerous drive 2 years’ imprisonment or both CAN 8918/2024 contrary to s 7(1)(c) of the Repeat offender = automatic licence (transfer charge) Road Safety Act (repeat disqualification for 12 months, or a offender) longer period if the court so orders Drive unlicensed contrary to 3. s 31(1) of the Road CAN 5687/2025 Transport (Driver Licensing) $3,200 fine only (transfer charge) Act 1999 (ACT) (Driver Licensing Act) Series Two – 5 September 2024 Obstruct territory public 4. CAN 8970/2024 official contrary to s 361 of $32,000 fine, (transfer charge) the Criminal Code 2002 2 years’ imprisonment or both (ACT) (Code) Possess more than a small 5. quantity of a prohibited drug CAN 5847/2025 $8,000 fine, (heroin) contrary to s 171(2) (transfer charge) 6 months’ imprisonment or both of the Drugs of Dependence Act 1989 (ACT) Series Three – 26 October 2024 $80,000 fine,

3. Aggravated furious, reckless, dangerous drive 5 years’ imprisonment or both CAN 11824/2024 contrary to s 7(1)(b) of the Repeat offender = automatic licence Road Safety Act (repeat disqualification for 12 months, or a offender and failing to stop) longer period if the court so orders Fail to stop motor vehicle

4. CAN 11825/2024 Charge withdrawn as conduct for police contrary to s 5C of (transfer charge) captured within CAN11824/2024 the Road Safety Act Drive unlicensed contrary to

5. CAN 11826/2024 s 31(1) of the Driver $3,200 fine only (transfer charge) Licensing Act Series Four – 8 November 2024 Drive motor vehicle without

6. $80,000 fine, CAN 1117/2025 consent contrary to s 318(2) 5 years’ imprisonment or both of the Code Repeat offender = $48,000 fine, 10. Fail to stop motor vehicle 3 years’ imprisonment, or both CAN 12079/2024 for police contrary to s 5C of Automatic licence disqualification for (transfer charge) the Road Safety Act 12 months, or a longer period if the court so orders $32,000 fine,

7. Aggravated furious, reckless, dangerous drive 2 years’ imprisonment or both CAN 12080/2024 contrary to s 7(1)(c) of the Repeat offender = automatic licence (transfer charge) Road Safety Act (repeat disqualification for 12 months, or a offender) longer period if the court so orders Repeat offender = $48,000 fine, 12. Fail to stop motor vehicle 3 years’ imprisonment, or both CAN 12081/2024 for police contrary to s 5C of Automatic licence disqualification for (transfer charge) the Road Safety Act 12 months, or a longer period if the court so orders $32,000 fine,

8. Aggravated furious, reckless, dangerous drive 2 years’ imprisonment or both CAN 12082/2024 contrary to s 7(1)(c) of the Repeat offender = automatic licence (transfer charge) Road Safety Act (repeat disqualification for 12 months, or a offender) longer period if the court so orders Drive unlicensed contrary to

9. CAN 12083/2024 s 31(1) of the Road Driver $3,200 fine only (transfer charge) Licensing Act Unlawful possession of

10. CAN 12084/2024 $8,000 fine, stolen property contrary to s (transfer charge) 6 months’ imprisonment or both 324 of the Code Unlawful possession of

11. CAN 12085/2024 $8,000 fine, stolen property contrary to s (transfer charge) 6 months’ imprisonment or both 324 of the Code Not give particulars to other 17. diver at scene of crash contrary to s 287(2) of the CAN 12088/2024 Road Transport (Road $3,200 fine only (transfer charge) Rules) Regulation 2017 (ACT) (Road Transport Regulations) Numberplate not properly 18. issued contrary to s 22(1)(a) CAN 12089/2024 of the Road Transport $3,200 fine only (transfer charge) (Vehicle Registration) Act 1999 (ACT) (Vehicle Registration Act) CAN 12090/2024

12. Numberplate not properly $3,200 fine only (transfer charge) issued contrary to s 22(1)(a) of the Vehicle Registration Act Series Five – 26 November 2024 Drive motor vehicle without

13. $80,000 fine, CAN 1118/2025 consent contrary to s 318(2) 5 years’ imprisonment or both of the Code Unlawful possession of

14. CAN 12086/2024 $8,000 fine, stolen property contrary to s (transfer charge) 6 months’ imprisonment or both 324 of the Code Drive unlicensed contrary to

15. CAN 12087/2024 s 31(1) of the Road Driver $3,200 fine only (transfer charge) Licensing Act Series Six – 13 December 2024 Drive motor vehicle without

16. $80,000 fine, CAN 1128/2025 consent contrary to s 318(2) 5 years’ imprisonment or both of the Code Repeat offender = $48,000 fine, 24. Fail to stop motor vehicle 3 years’ imprisonment, or both CAN 1119/2025 for police contrary to s 5C of Automatic licence disqualification for (transfer charge) the Road Safety Act 12 months, or a longer period if the court so orders $32,000 fine, 25. Aggravated furious, 2 years’ imprisonment or both CAN 1120/2025 reckless, dangerous drive Repeat offender = automatic licence (transfer charge) contrary to s 7(1)(c) of the disqualification for 12 months, or a Road Safety Act longer period if the court so orders Drive unlicensed contrary to

17. CAN 1121/2025 s 31(1) of the Road Driver $3,200 fine only (transfer charge) Licensing Act Unlawful possession of

18. CAN 1122/2025 $8,000 fine, stolen property contrary to s (transfer charge) 6 months’ imprisonment or both 324 of the Code Series Seven – 15 December 2024 Repeat offender = $48,000 fine, 28. Fail to stop motor vehicle 3 years’ imprisonment, or both CAN 12363/2024 for police contrary to s 5C of Automatic licence disqualification for (transfer charge) the Road Safety Act 12 months, or a longer period if the court so orders Drive unlicensed contrary to

19. CAN 12364/2024 s 31(1) of the Road Driver $3,200 fine only (transfer charge) Licensing Act Use unregistered vehicle on

20. CAN 12365/2024 road contrary to s 18(1) of $3,200 fine only (transfer charge) the Vehicle Registration Act Use uninsured vehicle on

21. CAN 12366/2024 road contrary to 289(1) of $8,000 fine only (transfer charge) the Motor Accident Injuries Act 2019 (ACT) (Motor Injuries Act) $32,000 fine, 32. Aggravated furious, 2 years’ imprisonment or both CAN 12367/2024 reckless, dangerous drive Repeat offender = automatic licence (transfer charge) contrary to s 7(1)(c) of the disqualification for 12 months, or a Road Safety Act longer period if the court so orders Series Eight – 16 December 2024 Drive motor vehicle without

22. CAN 1123/2025 $80,000 fine, consent contrary to s 318(2) 5 years’ imprisonment or both of the Code Burglary contrary to s 311 $224,000 fine, 34. CAN 1125/2025 of the Code 14 years’ imprisonment or both Take motor vehicle without

23. $80,000, CAN 1126/2025 consent contrary to s 318(1) 5 years’ imprisonment or both of the Code Drive motor vehicle without

24. $80,000 fine, CAN 1127/205 consent contrary to s 318(2) 5 years’ imprisonment or both of the Code Not give particulars to other 37. CAN 1124/2025 diver at scene of crash $3,200 fine only (transfer charge) contrary to s 287(2) of the Road Transport Regulations Series Nine – 17 December 2024 Damage property contrary $160,000 fine, 38. CAN 12372/2024 to s 403(1) of the Code 10 years’ imprisonment or both Repeat offender = $48,000 fine, 39. Fail to stop motor vehicle 3 years’ imprisonment, or both CAN 12368/2024 for police contrary to s 5C of Automatic licence disqualification for (transfer charge) the Road Safety Act 12 months, or a longer period if the court so orders Drive unlicensed contrary to

25. CAN 12369/2024 s 31(1) of the Road Driver $3,200 fine only (transfer charge) Licensing Act Use unregistered vehicle on

26. CAN 12370/2024 road contrary to s 18(1) of $3,200 fine only (transfer charge) the Vehicle Registration Act Use uninsured vehicle on

27. CAN 12371/2024 road contrary to 289(1) of $8,000 fine only (transfer charge) the Motor Injuries Act Numberplate not properly

28. CAN 12373/2024 issued contrary to s 22(1)(a) $3,200 only (transfer charge) of Vehicle Registration Act Trespass contrary to s 11(1)

29. CAN 12374/2024 of the Public Order $1,600 fine only (transfer charge) (Protection of Persons and Property) Act 1971 (Cth) (Public Order Act) CAN 12376/2024 Minor theft contrary to s 321 $8,000 fine, 45. (transfer charge) of the Code 6 months’ imprisonment or both CAN 1137/2025 Trespass contrary to s 11(1) 46. $1,600 fine only (transfer charge) of the Public Order Act Damage property contrary

30. CAN 1138/2025 $8,000 fine, to s 116(3) of the Crimes (transfer charge) 2 years’ imprisonment or both Act 1900 (ACT)

The Court’s task

48. The offender is being sentenced in accordance with the sentencing purposes set out in s 7 of the Crimes (Sentencing) Act 2005 (ACT) (Sentencing Act), which include (in summary form) making the offender accountable and denouncing and adequately punishing his conduct, deterring the offender and other people from committing the same or similar offences, recognising the harm done to the victims of the crimes and the community and promoting an offender’s rehabilitation. The Court must take into account the mandatory relevant considerations (s 33 of the Sentencing Act) insofar as they relate to the offender’s circumstances and sentence the offender in accordance with the principle of individualised justice: MT v The Queen [2021] ACTCA 26; 17 ACTLR 22 at [56].

The lack of aggregate sentencing

49. Part of the court’s task is to sentence each offence that comes before the court. Unlike other jurisdictions, the Territory does not yet have a regime for imposing aggregate sentences. This lack of power has been the subject of judicial comment in a number of judgments, including in R v Ware [2016] ACTSC 264 at [139] and in R v Forrest (No 4) [2017] ACTSC 200. Most recently, in DPP v Lock (a pseudonym) [2025] ACTSC 231 at [199]-[201], Baker J said this: 199. In a recent article in the ACT Bar News, Mr Travis Jackson of the ACT Bar commended New South Wales legislation which provides for aggregate sentences in cases such as the present: Travis Jackson, ‘Sentencing: Can We Do it Better?’, ACT Bar Association Bulletin (online, May 2025). This legislation (s 53A of the Crimes (Sentencing Procedure) Act 1999 (NSW)) frees sentencing judges: … from the laborious and complicated task of creating a cascading or "stairway" sentencing structure when sentences for multiple offences are being imposed and partial accumulation is desired. (citing Button J in R v Rae [2013] NSWCCA 9) 200․ I echo Mr Jackson’s endorsement of the NSW aggregate sentencing regime, and invite the ACT Legislature to consider enacting similar provisions in this jurisdiction. 201. Until any such legislative reform is made however, it is necessary for the Court to engage in the task of separately assessing questions of accumulation and concurrency for each individual offence.

50. In cases such as this, where the court must deal with the 47 separate offences separately and impose a complex sentencing structure accordingly, it is difficult not to gaze wistfully across the border. Cognisant of the increasing pressure on courts, there are ways for the law to work smarter not harder. A regime for aggregate sentencing is one of them.

Facts

51. The facts set out below are drawn from the statement of facts that was before the Court. Although it did not expressly state that it was an agreed statement of facts, there was no apparent dispute about what occurred, and the parties treated the facts as agreed during the hearing. Given the offender has pleaded guilty to all the offences, facts directed to the identification of the offender have been omitted.

Lack of valid driver’s licence

52. The offender had previously obtained a C class learner licence. The licence had been disqualified since March 2022. Although the disqualification period ended in May 2022, the relevant legislation required that a licence holder who is disqualified by the court and whose most recent licence was a learner driver’s licence must apply for a learner licence after the period of disqualification ends. The offender did not do so at any time before any of the driving offences in any series of offending were committed. He was unlicensed at the time of each of the driving offences discussed below.

Series One – 6 July 2024

53. On Saturday 6 July 2024, shortly before 8pm, the offender drove a Ford Mondeo with consent of the owner but at a time when his licence was disqualified. Police identified the offender as the driver of the vehicle when he was stopped at traffic lights at the intersection on Athlon Drive and Drakeford Drive in Kambah. The offender had just turned onto O'Halloran Circuit, Kambah when police followed him and activated their warning lights and sirens in an attempt to stop the Ford Mondeo. Instead of stopping, the offender sped away from police and drove the vehicle at excessive speed in a residential zone in Kambah. A short time later the vehicle was observed again, travelling at high speed on Boddington Circuit in Kambah. Series Two – 5 September 2024

54. A warrant was issued on 4 September 2024 in relation to the series one offending. On 5 September 2024, police were on patrol. At about 4.35pm they observed the offender at the front of a residential property in Calwell, ACT. The offender appeared to have observed police, who were in an unmarked police vehicle, and quickly decamped the area on foot.

55. Police chased the offender and observed him cross a street in Calwell. Police stood in front of the offender briefly and told the offender they had a warrant and that he was in breach of his bail. The offender moved towards the police officer with his fists clenched before jumping the rear fence and into the backyard of a residence in Calwell.

56. Police loudly directed the offender to stop. He refused to comply with their request. Police used oleoresin (capsicum) spray in an attempt to effect the arrest of the offender. As the offender attempted to leave, police again stood in front of him and told him to stop and not to make things worse. The offender took a push bike from the rear of the house and attempted to ride past police. Police managed to knock the offender off the bike and continued to pursue him on foot.

57. Eventually the offender was arrested, but continued to actively resist police, by pulling his arms underneath his body and straining whenever police tried to pull his arms together to handcuff him. Police were eventually able to handcuff the offender.

58. The offender was then searched, at about 4.45pm. in the offender's right tracksuit pants pocket was a plastic bag containing 1.603g of heroin. The permitted amount for personal possession pursuant to the Drugs of Dependence Act is 1 gram.

59. He was granted bail on 6 September 2024.

Series Three – 26 October 2024

60. About 2.22pm on Saturday 26 October 2024 the offender was observed by police on patrol in a marked vehicle, pushing a red motorcycle out of Bega Place in Narrabundah. He jumped onto the motorcycle into a riding position without wearing a helmet. He then rolled the motorcycle in front of a vehicle travelling in an easterly direction. He became aware of the police patrol vehicle that had been observing him and then accelerated past the police vehicle by mounting the curb on the northern side of the roadway and accelerating hard in an easterly direction.

61. Police turned to follow the motorcycle in an effort to perform a traffic stop, however it had accelerated at high speed in an easterly direction along Matina Street in Narrabundah and was out of sight. Moments later police rounded a corner at the eastern end of Matina Street and observed the offender riding the motorcycle, entering the bus stop opposite the southern entrance to Tarana Street, Narrabundah.

62. Police activated their emergency lights and sirens directing the offender to stop. The offender accelerated heavily, returning to Matina Street and continuing to accelerate in a southerly direction. Police observed the motorcycle cross the central double unbroken white line and travel on the wrong side of Matina Street over a small rise on a blind corner. The offender continued at a high speed away from police on Matina Street and out of sight.

Series Four - 8 November 2024

63. About 6:00am on Sunday 3 November 2024, a white Skoda Octavia, bearing Australian Capital Territory (ACT) registration plates YOP37X was stolen from an address in Page, in the ACT. The owner of the vehicle, Victim 1 reported the incident to Police after disturbing inside his residence what he described as two young persons. Victim 1 described his white Skoda Octavia as having roof racks and a light bar affixed to the front roof rack, as well as stickers on both the left and right rear quarter panel windows.

64. On Wednesday 6 November 2024, ACT registration plates YDD59W were reported as being stolen from a residence in Theodore (Victim 2).

65. On 7 November 2024, ACT registration plates YPD69W were reported stolen from an address in Griffith, in the ACT by the owner (Victim 3).

66. On Friday 8 November 2024, at about 9:20pm, police were conducting a routine patrol along Lonsdale Street, Braddon, in the ACT. Police observed a white Skoda bearing ACT registration plates YPD69W, travelling north along Lonsdale Street, before entering a driveway and aligning the car on the footpath. At the time, there was significant foot traffic on the footpath.

67. Police entered the driveway behind the white Skoda and activated their emergency lights, at which point the white Skoda accelerated, driving along the footpath at excessive speed, failing to stop for police as directed. The driving manner of the vehicle was dangerous and posed an immediate risk to members of the public utilising the footpath on Lonsdale Street.

68. The white Skoda travelled on the footpath for approximately 150 metres, before re-entering the roadway onto Lonsdale Street, where it was then seen turning right onto Girrawheen Street. The footpath on Lonsdale Street, Braddon, is a road related area as defined in ACT Road traffic legislation.

69. About an hour later, at approximately 10:22pm that same day, police observed the white Skoda stationary at a red light at the intersection of Cooyong Street and Ainslie Avenue, City. The white Skoda was positioned in lane two of Cooyong Street, traveling east bound, and was the second vehicle in lane two.

70. A short time later, police exited their marked patrol vehicle and approached the driver’s door, where they opened the door in an attempt to remove the driver from the vehicle. The driver of the vehicle was captured on police issued Body Worn Camera (BWC). There was a passenger in the passenger’s seat.

71. In response to police opening the driver’s door, the offender accelerated the vehicle forward, attempting to drive between the two cars stationary in lanes one and two, striking the back left side of a black Nissan Micra, bearing New South Wales registration DI39PK. The force of the collision shut the driver’s side door. Police then struck the window of the driver’s side window, shattering the window, with the purpose of attempting to remove the offender from the vehicle.

72. Whilst striking the driver’s window numerous times, a police baton entered the cabin through the broken glass window. The white Skoda then accelerated heavily, further colliding with the black Nissan Micra before entering the intersection and running a red light, failing to stop for police as directed. The vehicle was last seen by police travelling east along Cooyong Street.

73. About 11:09pm that same day, police received a phone call from a member of the public who advised that a white Skoda bearing ACT registration YPD69W, had been parked in the driveway of Goodwin House, located at 31 Bonney Street, Ainslie, in the ACT.

74. A short time later, police arrived at the location and observed the white Skoda parked with the engine running and the driver’s door open. Police observed significant damage to the right-hand side of the vehicle, consistent with the collision involving the Nissan Micra.

75. Police observed the vehicle identification number (VIN) on the inside of the driver’s side door. Police indices showed the white Skoda as the vehicle reported stolen from a burglary in Page, owned by Victim 1. The number plates stolen from Victim 3 being affixed to a different vehicle constitutes the numberplate not properly issued offence as well as one of the unlawful possession of stolen property offences.

76. Inside the vehicle, police observed a number of items of interest, including a samurai sword, a home-made taser, a satchel style bag on the centre console, and a number of items in the boot, including the roof racks which had been removed from the roof of the white Skoda. A subsequent forensic examination of the vehicle identified a blood stain on the inside of the driver’s side door with the blood matching that of the offender.

77. Located within the white Skoda, was ACT registration plate YOP37X, being the original registration plates displayed on the white Skoda.

78. During the search of the white Skoda, ACT registration plates YDD59W were also located inside the vehicle. This founds the second unlawful possession of stolen property offence.

79. On Friday 22 November 2024, police obtained Closed Circuit Television (CCTV) footage from Goodwin Village, Ainslie, of the Skoda arriving and two males fleeing the location. A review of the CCTV shows a white Skoda driving along the footpath between Angas Street and Bonney Street, Ainslie, ACT. The vehicle stopped off camera, and the offender was seen running west along the footpath towards Angas Street.

Series Five – 26 November 2024

80. On 17 November 2024, a silver Mitsubishi Pajero was reported by its owner (Victim 4) as being stolen from a residence in Darby Falls, New South Wales.

81. On 22 November 2024, the owner of a grey Mitsubishi ASX (Victim 5) reported her ACT registration plates YQJ26K as being stolen from an address in Phillip.

82. On Tuesday 26 November 2024, at about 4:26pm, a member of the public observed what transpired to be the stolen Mitsubishi Pajero stolen from Victim 4 with damage to the rear driver's side door, parked on the green belt at the intersection of Bateman Street and Masters Place, Kambah, in the ACT.

83. The member of the public took out her phone and began recording the male with the Pajero. That was the offender. He was with another Caucasian male with visible distinguishing features (tattoos) who was acting suspiciously around the vehicle.

84. There were two videos recorded, during which the offender: (a) Removed registration plates from the Pajero; (b) Affixed different registration plates to the Pajero; (c) Placed a registration plate (visible on the footage and bearing the ACT registration YQJ26K) behind the right rear wheel of the Pajero, and then drove over it twice; (d) Entered the driver’s seat of the Pajero via the boot, with the assistance of the male who was sitting in the vehicle; and (e) Drove the Pajero from the location along Bateman Street, Kambah.

85. About 11:15pm on Sunday 8 December 2024, police located a Silver Mitsubishi Pajero on Port Arthur Street, Lyons, in the ACT. Police observed significant damage to the vehicle, and the vehicle was on top of portable car jacks. Police suspected the vehicle to match that of a vehicle known to be used by the offender. Police conducted checks of the vehicle identification number (VIN) on police indices. The VIN on the Pajero matched that of the Pajero stolen from Victim 4.

Series Six – 13 December 2024

86. On 18 November 2024, ACT registration plates MCM90V were reported stolen from a Narrabundah address by the lawful owner (Victim 6).

87. About 7:00am on Saturday 7 December 2024, a black Volkswagen Amarok ACT registration YRM26L (Amarok) was stolen from its owner (Victim 7) an address in Griffith.

88. On Friday 13 December at about 3:00pm, police were conducting routine patrols of the suburb of Lyons. Police drove past the Lyons Shops, located on Lyons Place, Lyons. Whilst travelling south on Devonport Street, Lyons, police observed the Amarok stopped with the lights on at the intersection of Devonport Street and Lyons Place. The front registration plate on the Amarok was broken but appeared to be white writing on a black background. The driver of the vehicle was the only occupant of the vehicle.

89. Police turned onto Lyons Place and circulated the Lyons shops, at which point the Amarok departed rapidly. Police suspected the black Amarok to be the stolen Amarok from the Griffith address. A number of police vehicles entered the suburb of Lyons in an attempt to locate the vehicle. A short time later, the Amarok was sighted on Longford Street, Lyons. The vehicle attempted to evade police by entering onto a greenbelt on Devonport Street. Police activated emergency lights and sirens, directing the driver to stop the vehicle. The driver failed to stop for police as directed to do so.

90. At that point, the stolen rear registration plate from Victim 6 of MCM90V was visible on the Amarok.

91. The offender was observed to drive the Amarok south on Derwent Street and then south on Launceston Street, Lyons, before entering the bicycle lane on Launceston Street at the intersection with Hindmarsh Drive and then passing through a red light, turning right onto Hindmarsh Drive.

92. Police followed the Amarok utilising unmarked vehicles, where it turned left onto the Tuggeranong Parkway, heading south towards Kambah. The Amarok was seen stopping at a red light in the right-hand turning lane of Drakeford Drive and Boddington Crescent. The Amarok continued through the green light before immediately conducting a u-turn at the intersection of Boddington Crescent and Bacchus Circuit.

93. The vehicle continued through the intersection, crossing Drakeford Drive and entering onto Marconi Crescent, where the vehicle accelerated heavily towards a school zone for Mount Taylor Primary. Police continued to follow from a distance in unmarked policing vehicles and observed the Amarok turning left off Sulwood Drive onto Athlon Drive. The Amarok continued towards Beasley Street, where marked police units attempted to deploy tyre deflation devices.

94. In response to the marked police units, the Amarok crossed the median strip of Athlon Drive, where it drove on the wrong side of the road, and crossed over to Beasley Street, Farrer. The vehicle was seen travelling at extremely high speeds in a signposted 60km/h zone, travelling around other vehicles on the roadway, placing other road users at high risk. Police last sighted the Amarok entering Isaacs.

Series Seven – 15 December 2024

95. On 6 December 2024, an arrest warrant was issued for the offender in relation to offences included in Series Four above.

96. On 15 December 2024 at about 7:35pm, police received information from a resident in Calwell regarding a white BMW X5 (the BMW) that was sighted at a house in their street, which they were aware was abandoned due to significant property damage caused at the location.

97. A short time later, police observed a white BMW matching the description of the vehicle seen in Calwell traveling on Tharwa Drive towards the Monaro Highway. The registration on the vehicle was observed to be ACT YRM22, with the last digit not being sighted.

98. Upon apparently sighting police, the BMW accelerated rapidly and crossed to the incorrect side of the road on Johnson Drive, Calwell, narrowly avoiding a collision with a member of the public.

99. About 7:49pm, police observed the BMW and sighted the driver who they recognised as the offender. Police activated emergency lights and sirens, directing the BMW to stop.

100. The offender failed to comply with the direction. He drove the BMW across the front lawn of a residence in Monash, and entered a greenbelt, before travelling on Erindale Drive. This incident was captured on closed circuit television from a residence on the same street in Monash as where the conduct occurred.

101. There were no further police sightings of the BMW. Checks on police indices show the vehicle to be unregistered. The BMW was owned by a different person with a garage address in Gungahlin.

Series Eight – 16 December 2024

102. About 1:57pm on Monday 16 December 2024, the black Volkswagen Amarok collided with an ACTION bus at the intersection of The Valley Avenue and Manning Clark Crescent in Gungahlin. The Amarok, still bearing NSW registration MCM90V, stopped on Camilleri Way, Gungahlin. The offender was identified as the driver.

103. At about 2:35pm that same day, police observed the offender at the light rail station at Nullarbor Avenue and Flemington Road, Gungahlin. He fled on foot after sighting police.

104. About 2:45pm that same day, the offender arrived at an address in Franklin. He was wearing no shoes, camouflage pants, a brown t-shirt with bright blue image on the rear, and carrying a bright orange Superdry branded satchel with a black strap, matching the description of the male seen fleeing from the Amarok following the collision.

105. About 2:57pm the offender went to the Sup Gas business in Mitchell. He walked down the side of the business along the driveway, where staff park their vehicles. A short time later, the offender was observed by a staff member approaching a silver Mitsubishi four-wheel drive twin cab utility owned by the staff member’s colleague.

106. The staff member observed the offender attempting to open the driver’s door of the four-wheel drive. She then observed the offender walk around the vehicle and attempt to open the front and rear passenger door of the vehicle, before departing. The staff member then exited the business and called out to the offender words to the effect of "hey, what do you think you're doing?", to which the offender responded, "sorry, I thought it was my dad's car", and he continued walking away.

107. The staff member then called out to her colleague, being the owner of the vehicle, telling him that someone was attempting to get into his vehicle. At no point did the colleague give anyone permission to attempt to take his motor vehicle.

108. Between 3:20pm and 3.22pm that same day, the offender: (a) Entered a warehouse in Mitchell, being OZ Metal, owned by one of the workers there (Victim 8); (b) Went to the kitchen off the main warehouse; (c) Took the keys to a black Volkswagen Golf, ACT registration YRN58Z (VW Golf), owned by one of the workers at the business (Victim 9); (d) Exited the warehouse in the direction of the staff parking; (e) Reversed the VW Golf out of the carpark and departed the location.

Series Nine – 17 December 2024

109. About 9:55am on Tuesday 17 December 2024, police were advised by a member of the public that a white BMW X5 was in the carpark of Kanangra Court in Ainslie, tooting the horn loudly and repeatedly. A partial ACT registration was identified for the vehicle, being YAH14. Checks of police indices showed AYAH14A to be stolen registration plates, reported to police on 16 December 2024, from an address in Harrison, ACT.

110. The BMW X5 was then seen by the member of the public turning left onto Ainslie Avenue, in the direction of the Canberra Centre.

111. A short time later, police observed a white BMW X5 traveling on Gooreen Street, Reid, towards ANZAC Parade at high speeds. Police observed this vehicle to match the description of the BMW.

112. At about 10:08am, police observed the driver of the BMW X5 to be wearing ski goggles and a white t-shirt pulled over his face. Police lost sight of the vehicle in the Reid area.

113. At about 10:26am, police observed the BMW X5 travelling east on Canberra Avenue, Fyshwick, in the ACT, and followed it into Narrabundah, confirming the registration plate to be AYAH14A. Police observed the vehicle driving erratically on Captain Cook Crescent, Narrabundah, where the vehicle conducted a U-turn and headed back towards Sturt Avenue. The BMW X5 was seen on Boolimba Crescent Narrabundah, where police lost sight of the vehicle.

114. At about 10:32am, police observed the BMW X5 travelling at high speeds on Matina Street, travelling towards Goyder Street, Narrabundah. Police maintained a constant speed with the BMW X5 and estimated the speed to be no less than 140km/h in a signposted 60km/h zone. Due to the significantly high risk posed to members of the public and vulnerable road users, police activated emergency lights and sirens directing the BMW X5 to stop. The BMW X5 failed to comply with the direction to stop, and a pursuit was commenced by police.

115. About that time, police successfully deployed a tyre deflation device, striking the rear left tyre.

116. About 10:34am, the BMW X5 crossed to the incorrect side of the road on Captain Cook Crescent, Narrabundah, before returning to the correct side of the road. The pursuit continued along La Perouse Street, Griffith, when the BMW X5 again crossed to the incorrect side of the road, driving in a manner endangering other road users. The BMW X5 turned right onto Mugga Way. Police continued to pursue the BMW X5, which reached speeds of no less that 130km/h in a sign posted 60km/h zone.

117. The BMW X5 was sighted on Yarra Glen, Deakin, when it again crossed to the incorrect side of the road on Carruthers Street, Curtin, still driving in a dangerous manner.

118. At about 10:41am, the BMW X5 again crossed to the incorrect side of the road on Theodore Street, Deakin.

119. At about 10:42am, police terminated the pursuit due to the BMW X5 travelling at excessive speeds through a school zone on Theodore Street.

120. At about 10:44am, the BMW X5 was sighted by police, entering a green belt on Haynes Street, Deakin, in the ACT.

121. At about 10:57am, police attended an address in Lyons, being the residential address of the offender’s ex partner. Police were informed by a member of the public that a male was seen departing the location on a pushbike, a few minutes before the police arrival.

122. The male seen leaving the address of the ex-partner was described as wearing a white t-shirt, black shorts and wearing goggles.

123. At about 11:00am, police were flagged down by members of the public advising that a male was seen entering into rear yards on Davenport Street, Lyons. The offender was described as wearing blue shorts, a black top and was currently in the rear yard of a specified address in Lyons. Police saturated the area in an attempt to locate the Offender.

124. The offender entered a residence in Derwent St, Lyons, a took a pushbike without the owner’s consent (Victim 9). He damaged Victim 9’s side gate while attempting to leave the residence. At the time of taking the pushbike, the offender was wearing a maroon hat.

125. At about 11:03am, police located a maroon hat on Davenport Street in Lyons.

126. At about 11:08am, police observed the offender riding a bicycle through a greenbelt on Longford Street in Lyons. A short time later, the offender approached a neighbourhood oval on Launceston Street, where he was observed to get off the bike and enter the backyard of a residence in Lyons. At no time did the owner of that residence (Victim 10) give consent for the offender to enter into his yard.

127. At about 11:09am, police located the Offender in the backyard of the unit and placed him under arrest for the outstanding arrest warrant. The Offender was placed in handcuffs and escorted to the police transport vehicle where he was subject to a search of his person.

128. At about 12:30pm, Police located the BMW X5 with ACT registration AYAH14A, in the backyard of a residence in Ossa Place, Lyons, owned by the Public Trustee and Guardian (Trustee). Police observed significant damage to a gate at the side of the residence, and the BMW X5 parked in the backyard of the residence. At no point had the Trustee given permission for anyone to be on the property, or to damage the side gate of the property.

129. Police observed damage to the front of the vehicle, consistent with being driven through the gate at speed. The vehicle was seized. The BMW X5 was unregistered and uninsured at the time.

Nature and circumstances of the offence (s 33(1)(a) of the Sentencing Act)

130. In considering the nature and circumstances of offences, I have considered the objective seriousness of the conduct involved in accordance with established principles, which I will not repeat but have set out in other cases, including DPP v Brymer [2025] ACTSC 430 at [25]-[26].

131. Given the many offences and common features of much of the conduct, the seriousness of the offending has been considered in groups, by the type of offence. The features considered below are not an exhaustive list, nor does the absence of any particular feature mitigate the offending; it is simply that the conduct is not aggravated by that feature.

Driving offences Aggravated dangerous driving (Series 1, 3, 4, 6, 7)

132. Features relevant to this offence have been discussed in R v Rosewarne [2021] ACTSC 217 at [122] and more recently by Taylor J in DPP v Clarke (No 2) [2023] ACTSC 261 at [38]. They are as follows: (a) the extent to which the public and other road users were put at risk, the number of people affected and their vulnerability (such as being children, elderly, frail or disabled); (b) the nature of the location where the driving occurred (for example: residential, busy commercial, shared user zone) and the time of day or night of the driving; (c) whether there were any passengers in the vehicle who were put at risk, especially if there were young children; (d) the variety and duration of aspects of the driving that were dangerous and the extent to which it was a multifaceted and/or a lengthy course of conduct, especially factors such as driving into oncoming traffic, onto footpaths or other places where pedestrians are, through stops signs, red lights or give way signs; (e) the distance driven and the period of the driving; (f) the speed of the vehicle and regard for the conditions; (g) whether the vehicle is engaged in a pursuit from police or fails to stop when directed to do so by police; (h) whether the offender was intoxicated by alcohol or drugs and the degree of intoxication; (i) whether there was competitive driving or street racing on a public road or showing off; (j) any damage occasioned to other vehicles, objects, houses or people; and (k) the extent to which police were put at risk when trying to terminate the driving.

133. For the dangerous driving offence in the Ford Mondeo in series 1, the offender failed to stop for police however this has been separately charged (and the lower maximum penalty of imprisonment for 2 years, rather than 5 years, therefore applies). Otherwise, the offender drove at high speed, for a short period of time. It is the least serious of the dangerous driving offences.

134. For the series 3 dangerous driving offence on the red motorcycle, the conduct of failing to stop for police is included in the offence (with the separate charge withdrawn). Again, the offender drove at excessive speed to evade police, and this included driving on the wrong side of the road for a short period of time. It is serious but still at the low end of conduct falling within this type of offence.

135. For the first dangerous driving offence involving the white Skoda in series 4, that occurred on a Friday night on Lonsdale street, where there were members of the public utilising the footpath and put at immediate risk. The second offence of this type was more serious, as it involved actual damage to another vehicle and running a red light. The offender’s failure to stop for police was separately charged for each of the two offences.

136. For the series 6 offence in the black Amarok in Lyons and Kambah, the conduct was around 3pm and shortly after on a Friday afternoon. It occurred for more than a short period of time, with the offender accelerating through a school zone, crossing a median strip and driving on the wrong side of the road, at extremely high speeds in suburban areas and placing other road users at high risk with police employing devices to stop the vehicle. Again, the failure to stop for police was separately charged.

137. For the series 7 offence in the BMW, this was a serious example of the offence, as it involving multifaceted aspects of driving that were dangerous, including the offender crossing to the incorrect side of the road and narrowly avoiding a collision with a member of the public. Again, the failure to stop for police was separately charged.

Drive without consent (Series 5, 6 and 8)

138. Applying R v Massey (No 3) [2021] ACTSC 156 at [29], the following considerations inform the objective seriousness of the offence: (a) The period of driving and the length of distance driven; (b) Whether the vehicle was used in the commission of another offence; (c) Whether the offender was the driver and not only the passenger; (d) The manner of driving, unless subject to a separate charge; (e) Whether the vehicle was damaged; and (f) Whether the vehicle was returned to the owner.

139. The driving without consent conduct in series 5, 6 and 8 were all typical examples of the offence. The periods during which the vehicle was driven were short and the manner of the driving in series 6 was the subject of separate charges.

Damage property (Series 9)

140. Considerations relevant to the objective seriousness of the offence were discussed by Murrell CJ in R v Rosewarne [2021] ACTSC 217 (Rosewarne) at [120]. They include: (a) The motive for the damage; for example, whether damage was malicious or occurred to facilitate a burglary; and (b) The extent or value of the damage.

141. Here, the property damaged was a side fence and side gate. These are low level examples of the offence.

Burglary (Series 8)

142. I have followed DPP v Clissold [2023] ACTSC 250 at [33] and the cases there-cited, in taking into account: (a) The nature of the premises that was burgled (here, commercial); (b) Whether damage, not separately charged, was caused to the premises (no damage occurred); (c) Whether the occupants of the premises were present at the time the burglary was committed (there were people in the building but this was not a case where the offender confronted the occupants); (d) The motivation for the burglary (personal gain in seeking car keys to steal a car); and (e) Whether the burglary was pre-meditated, planned or organised and the level of sophistication (the conduct was planned in the sense that the offender plainly targeted a business location for the purpose of accessing keys to a motor-vehicle, and the conduct itself was unsophisticated but in my view, brazen).

Minor Theft (Series 9)

143. The features relevant to a consideration of the objective seriousness of the theft have been outlined in R v Elphick [2021] ACTSC 9 at [115] and R v Slattery [2021] ACTSC 154 at [38] (both of which were cited by Taylor J in DPP v Monaghan [2024] ACTSC 183 at [18]) as well as R v Dawson [2022] ACTSC 64 at [43], cited in R v Kirkwood [2022] ACTSC 148 at [79]. Drawing upon those authorities, I have considered the following features as being relevant here: (a) The motive for the theft; (b) The extent and value of the property taken; (c) Where the theft occurred; (d) Whether the stolen item was of sentimental value or utilitarian value, such that it would be difficult or inconvenient to replace; and (e) The degree of planning or premeditation.

144. For minor theft, the offence itself means that the value of the property is less than $2000. The low maximum penalty indicates that this is what might be described as a low-level offence and again, the theft of the bike was a fairly typical example of this offence.

Other offences

145. For the Series 2 offences of obstructing police (preventing police from handcuffing him) and possession of more than a small quantity of heroin, these are each low-level examples of the offences.

Victim impact statements (s 33(1)(f) of the Sentencing Act)

146. There were no victim impact statements before the court and the court must not speculate about the impact that the offending may have had on any given victim. However, I do not consider it to be speculation in stating that there were clearly a number of victims across the offending whose lives will have been inconvenienced by the stealing of number plates and driving of their cars, including offending where vehicles were damaged.

Plea of guilty (ss 33(1)(j) and 35 of the Sentencing Act)

147. The offender pleaded guilty to each of the offences. He is entitled to a discount and in the exercise of the Court’s discretion, I have determined that 21% is appropriate.

148. The reasons for that decision are as follows: (a) The power is enlivened pursuant to s 35(3) of the Sentencing Act. (b) The applicable discount for a guilty plea is a matter of discretion: Cranfield v The Queen [2018] ACTCA 3 at [37]-[38]. (c) Utilitarian value is the primary consideration: Monfries v The Queen [2014] ACTCA 46; 19 ACTLR 99 at [47] and R v Toumo’ua [2017] ACTCA 9; 12 ACTLR 103 at [49]. A brief of evidence was prepared in respect of the offences. However, the pleas were still entered in advance of a hearing and there was high utilitarian value in sparing the court a trial of 47 offences. (d) Having considered the statutory matters set out in s 35(2) of the Sentencing Act, a percentage discount approach was appropriate. (e) Where the court exercises the discretion, the penalty that would otherwise have been imposed but for the guilty plea must be explicitly stated: s 37(2)(a) of the Sentencing Act. Although there is no tariff, I broadly applied R v Nicholas; R v Palmer [2019] ACTCA 36 at [52] in deciding that a considerable discount was still appropriate given the circumstances of the offending.

Subjective circumstances of the offender (s 33(1)(m) of the Sentencing Act)

149. The offender is well known to the courts of the Territory. His childhood has been discussed on numerous occasions, including in R v Kristiansen [2017] ACTSC 292 at [14]. It is not necessary to repeat it in any detail. It suffices to record that he has suffered a severely disadvantaged upbringing which included early drug use and that the principles of Bugmy and Henry apply (taking their names from the cases of Bugmy v The Queen [2013] HCA 37; 249 CLR 571 and R v Henry [1999] NSWCCA 111; 46 NSWLR 346 respectively). The Offender’s criminal history is lengthy and disentitles him from leniency.

150. Given his lengthy period in pre-sentence custody, his financial circumstances are poor. He was last employed in the construction industry 3 years ago and was in receipt of Centrelink benefits at the time of his offending.

151. The pre-sentence reports before the Court indicate that drug use was a factor in the offending. The offender reported that prior to the offending, he had been doing well and had been sober for five years. He relapsed when he had a relationship breakdown and there were disputes about the offender seeing his children. He started drinking and then that led to him returning to drug use. He says he just gave up at that point.

Probable effect of any sentence on the Offender’s family (s 33(1)(o) of the Sentencing Act)

152. Although the offender does have four children under the age of 18, he is not the primary carer for any of them and has maintained contact to some extent with all four while he has been in pre-sentence custody.

Remorse (s 33(1)(w) of the Sentencing Act)

153. Having read the offender’s letter to the court, I accept that the offender regrets the situation in which he has put himself and there was also a letter of support from his fiancée as to his willingness to change past behaviour, but I have not given remorse any significant weight given the evidence was not under oath and similar statements appear to have been made by the Offender at other times when the offender has previously been sentenced. I have not given remorse weight as a mitigating factor. Current sentencing practice (s 33(1)(za) of the Sentencing Act)

154. I have taken a number of cases into account to ensure consistency in sentencing practice.

Pre-sentence custody

155. The offender has spent 358 days in custody (including the 2 days in September 2024 when he was arrested and then granted bail the next day) and these will be taken into account by way of backdating.

Totality

156. The approach to principles of concurrency and accumulation has been set out in Dawson v The Queen [2019] ACTCA 9 at [37] (and the cases there-cited). It will be readily apparent that there were a number of different series of offending and each series may be viewed as a course of conduct. I have further accepted the submission that at least in relation to series 6-9, the circumstances may almost be viewed as one course of offending, such that significant concurrency is appropriate.

157. The structure also contains deliberate total concurrency where this was considered appropriate in respect of offences where the criminality of one offence accommodated the criminality of the other. A prime example of this was the driving without consent and take motor vehicle without consent offences in series 8, where the charge related to the same vehicle.

158. The considerable time spent in pre-sentence custody is also relevant in the court’s assessment of the overall length of sentence and manner in which the remainder of any term of imprisonment is to be served.

159. Otherwise, I have applied a quasi-totality principle (more as a means of what may be appropriate having regard to the offender’s financial circumstances) to the fines to be imposed having regard to the fact that that the offending for series 7-9 really occurred over a consecutive period of 3 days. For a number of offences, earlier penalties and terms of imprisonment for related offending have effectively addressed the criminality the of conduct and any punishment arising out of it and therefore no penalty will be imposed.

Disposition

160. The imposition of a term of imprisonment is a sentence of last resort: s 10 of the Sentencing Act. Further, a sentence of imprisonment should never exceed the minimum that is necessary to accomplish relevant sentencing objectives: Thorn v Laidlaw [2005] ACTCA 49 at [30]. It was accepted here that terms of imprisonment were the appropriate outcome.

161. The difficulty here is the manner in which the sentence is to be served. The offender has been found suitable for a drug and alcohol treatment order, his rehabilitation would be greatly assisted by it, he has consented to participate and there was a place available on a suitable day program this week.

162. However, there is an insurmountable hurdle for the offender. The totality of the offending is such that, even with the high degree of concurrency implemented in the sentencing structure, the periods of imprisonment necessary to give effect to proportionality considerations amount to a total sentence of more than four years, which is the maximum sentence that can be imposed by way of a Drug and Alcohol Treatment Orders under s 12A of the Sentencing Act. That is the case even if the period of pre-sentence custody were carved out from the total sentence to be imposed with the sentences for the offending in series 1-3 being treated as entirely spent.

163. I am mindful of this offender’s disadvantaged history, as discussed earlier, and that does affect the crafting of the sentence in prioritising rehabilitation and also protection of the community in what may best prevent the ongoing recidivist behaviour. However, s 12A(5) of the Sentencing Act provides that the court must not impose a lesser sentence of imprisonment on the offender than the circumstances of the offence would ordinarily require only to allow the court to make a treatment order.

164. Regrettably for this offender, his total sentence falls outside the regime provided by s 12A of the Sentencing Act and I am bound by that provision.

165. However, I am still able to give effect to the considerations, including totality considerations and what the offender really needs in terms of treatment, via a different path. I have decided to impose a partially suspended sentence with a rehabilitation program condition. In doing so, I acknowledge that he will not receive the benefit of the wrap-around, targeted support provided by a treatment order under the regime provided for by s 12A, but he will nevertheless have the opportunity to attempt what he hopes to achieve in the future, with regard to abstinence from drug use over the longer-term. On the reports before the court, I am satisfied that there is a suitable rehabilitation program, that it is appropriate for the offender to undertake that program and that it is reasonably likely that such a program will still be available to him, were he to be released from custody in 6 months’ time.

166. So as to keep that rehabilitation option within reach, the period of custody before which the suspended sentence will be imposed is also significantly reduced. This is also to take account of the nature of a number of the offences, which were of low objective seriousness or gravity. Had they been isolated conduct, it may have been appropriate for the terms of imprisonment referable to that offending to have been imposed and then fully suspended through the making of a good behaviour order.

Disqualification

167. There are a number of automatic disqualification periods arising out of the offending. The disqualification takes effect from the date of conviction or finding of guilt, or a later date if the Court so orders: s 68 of the Road Transport (General) Act 1999 (ACT) (General Act). There is no power to backdate a disqualification period under the statute.

168. I do not consider it necessary to extend the individual disqualification periods here, but I do consider it appropriate to adjust the concurrency of those disqualification periods, to a total disqualification period of 5 years under s 69 of the General Act. That period is sufficient to serve the purposes of punishment, denunciation and specific and general deterrence. That remains a lengthy period and will make it very clear to the offender that the ability to drive is not a right, it is a licence. It is granted upon proof that a person can drive safely, obey the road rules and comply with directions from police.

169. Had I not accepted that the conduct was really best viewed as an overall lapse at a low point in the offender’s life, where he became self-destructive, and that he has largely pulled himself out of that fug, the period of disqualification would have been much longer.

Orders

170. The orders of the Court are:

For the Series 1 offences (6 July 2024) (1) CAN 8918/2024: Aggravated furious, reckless, or dangerous driving contrary to s 7 of the Road Transport (Safety and Traffic Management) Act 1999 (ACT) (Road Safety Act), the offender is convicted and sentenced to a term of imprisonment for 5 months reduced to 4 months on account of his guilty plea, backdated to commence on 15 December 2024 and conclude on 14 April 2025. (2) CAN 8916/2024: Failing to stop a motor vehicle for police contrary to s 5C of the Road Safety Act, the offender is convicted and sentenced to a term of imprisonment for 1 month reduced to 24 days on account of his guilty plea, backdated to commence on 8 April 2025 and conclude on 1 May 2025. (3) CAN 5687/2025: Drive unlicensed contrary to s 31(1) of the Road Transport (Driver Licensing) Act 1999 (ACT) (Driver Licensing Act) the offender is convicted and fined $200 with 18 months to pay. Series Two – 5 September 2024

(4) CAN 8970/2024: Obstruct territory public official contrary to s 361 of the Criminal Code 2002 (ACT) (Code), the offender is convicted and sentenced to a term of imprisonment for 1 month and 8 days, reduced to 1 month on account of his guilty plea, backdated to commence on 23 April 2025 and conclude on 22 May 2025. (5) CAN 5847/2025: Possess more than a small quantity of a prohibited drug (heroin) contrary to s 171(2) of the Drugs of Dependence Act 1989 (ACT), the offender is convicted and sentenced to 1 month and 8 days, reduced to 1 month on account of his guilty plea, backdated to commence on 8 May 2025 and conclude on 7 June 2025.

Series Three – 26 October 2024 (6) CAN 11824/2024: Aggravated furious, reckless, dangerous drive contrary to s 7(1) of the Road Safety Act, the offender is convicted and sentenced to a term of imprisonment 8 months reduced to 6 months and 12 days account of his guilty plea, backdated to commence on 27 May 2025 and conclude on 8 December 2025. (7) CAN 11825/2025: Fail to stop motor vehicle for police contrary to s 5C of the Road Safety Act, the charge is withdrawn, dismissed. (8) CAN 11826/2025: Drive unlicensed contrary to s 31(1) of the Driver Licensing Act, the offender is convicted and fined $200 with 18 months to pay.

Series Four – 8 November 2024 (9) CAN 12079/2024: Failing to stop motor vehicle for police contrary to s 5C of the Road Safety Act, the offender is convicted and sentenced to a term of imprisonment of 1 month and 21 days, reduced to 1 month and 10 days on account of his guilty plea, to commence on 8 December 2025 and conclude on 17 January 2026. (10) CAN 12080/2024: Aggravated furious, reckless, dangerous drive contrary to s 7(1) of the Road Safety Act, the offender is convicted and sentenced to a term of imprisonment for 12 months, reduced to 9 months and 18 days on account of his guilty plea, to commence on 19 December 2025 and conclude on 6 October 2026. (11) CAN 12082/2024: Aggravated furious, reckless, dangerous drive contrary to s 7(1) of the Road Safety Act, the offender is convicted and sentenced to a term of imprisonment for 14 months, reduced to 11 months and 6 days on account of his guilty plea, to commence on 26 January 2026 and conclude on 31 December 2026. (12) CAN 1117/2025: Drive a motor vehicle without consent contrary to s 318(2) of the Code, the offender is convicted and sentenced to a term of imprisonment for one year, reduced to nine months and 18 days on account of his guilty plea, to commence on 20 October 2026 and conclude on 6 August 2027. (13) CAN 12084/2024: Unlawful possession of stolen property contrary to s 324 of the Code the offender is convicted and sentenced to a term of imprisonment for two months and 16 days, reduced to two months on account of his guilty plea, to commence on 8 October 2027 and conclude on 7 December 2027. (14) CAN 12085/2024: Unlawful possession of stolen property contrary to s 324 of the Code, the offender is convicted and sentenced to a term of imprisonment for two months and 16 days, reduced to two months on account of his guilty plea, to commence on 8 November 2027 and conclude on 7 January 2028. (15) CAN 12081/2024: Failing to stop motor vehicle for police contrary to s 5C of the Road Safety Act, the offender is convicted and sentenced to a term of imprisonment of 1 month and 21 days, reduced to 1 month and 10 days on account of his guilty plea, to commence on 21 December 2027 and conclude on 30 January 2028. (16) CAN 12083/2024: Drive unlicensed contrary to s 31(1) of the Road Driver Licensing Act, the offender is convicted and fined $200 with 18 months to pay. (17) CAN 12088/2024: Failing to give particulars to the other diver at scene of crash contrary to s 287(2) of the Road Transport (Road Rules) Regulation 2017 (ACT) (Road Transport Regulations), the offender is convicted and no penalty is imposed. (18) CAN 12089/2024: Numberplate not properly issued contrary to s 22(1)(a) of the Road Transport (Vehicle Registration) Act 1999 (ACT) (Vehicle Registration Act), the offender is convicted and fined $200 with 18 months to pay. (19) CAN 12090/2024: Numberplate not properly issued contrary to s 22(1)(a) of the Vehicle Registration Act, the offender is convicted and fined $200 with 18 months to pay.

Series Five – 26 November 2024 (20) CAN 1118/2025: Drive motor vehicle without consent contrary to s 318(2) of the Code, the offender is convicted and sentenced to a term of imprisonment for 11 months, reduced to 8 months and 24 days on account of his guilty plea, to commence on 8 February 2027 and conclude on 31 October 2027. (21) CAN 12086/2024: Unlawful possession of stolen property contrary to s 324 of the Code the offender is convicted and sentenced to a term of imprisonment for two months and 15 days, reduced to two months on account of his guilty plea, to commence on 17 January 2028 and conclude on 16 March 2028. (22) CAN 12087/2024: Drive unlicensed contrary to s 31(1) of the Road Driver Licensing Act, the offender is convicted and fined $200 with 18 months to pay.

Series Six – 13 December 2024 (23) CAN 1120/2025: Furious, reckless, dangerous drive contrary to s 7 of the Road Safety Act, the offender is convicted and sentenced to a term of imprisonment for 15 months reduced to 12 months on account of his guilty plea, to commence on 8 February 2028 and conclude on 7 February 2029. (24) CAN 1128/2025: Drive motor vehicle without consent contrary to s 318(2) of the Code, the offender is convicted and sentenced to a term of imprisonment for 1 year, reduced to nine months and 16 days on account of his guilty plea, to commence on 15 May 2028 and conclude on 2 March 2029. (25) CAN 1122/2025: Unlawful possession of stolen property contrary to s 324 of the Code, the offender is convicted and sentenced to a term of imprisonment for two months and 16 days, reduced to two months on account of his guilty plea, to commence on 8 April 2029 and conclude on 7 June 2029. (26) CAN 1119/2025: Fail to stop motor vehicle for police contrary to s 5C of the Road Safety Act, the offender is convicted and sentenced to a term of imprisonment for 3 months and 24 days, reduced to 3 months on account of his guilty plea, to commence on 5 June 2029 and conclude on 4 September 2029. (27) CAN 1121/2025: Drive unlicensed contrary to s 31(1) of the Road Driver Licensing Act, the offender is convicted and fined $200 with 18 months to pay.

Series Seven – 15 December 2024 (28) CAN 12363/2024: Fail to stop motor vehicle for police contrary to s 5C of the Road Safety Act, the offender is convicted and sentenced to 3 months and 24 days, reduced to 3 months on account of his guilty plea, backdated to commence on 18 June 2029 and conclude on 17 September 2029. (29) CAN 12367/2024: Aggravated furious, reckless, dangerous drive contrary to s 7of the Road Safety Act, the offender is convicted and sentenced to a term of imprisonment of 15 months reduced to 1 year on account of his guilty plea, to commence on 8 July 2029 and conclude on 7 July 2030. (30) CAN 12364/2024: Drive unlicensed contrary to s 31(1) of the Road Driver Licensing Act, the offender is convicted and fined $200 with 18 months to pay. (31) CAN 12365/2024: Use unregistered vehicle on road contrary to s 18(1) of the Vehicle Registration Act the offender is convicted, with no penalty imposed. (32) CAN 12366/2024: Use uninsured vehicle on road contrary to 289(1) of the Motor Accident Injuries Act 2019 (ACT) (Motor Accident Act) the offender is convicted, with no penalty imposed.

Series Eight – 16 December 2024 (33) CAN 1123/2025: Drive motor vehicle without consent contrary to s 318(2) of the Code, the offender is convicted and sentenced to a term of imprisonment for 15 months, reduced to 1 year on account of his guilty plea, to commence on 23 May 2028 and conclude on 22 May 2029. (34) CAN 1124/2025: Not giving particulars to other driver at scene of crash contrary to s 287(2) of the Road Transport Regulations, the offender is convicted with no penalty imposed. (35) CAN 1126/2025: Take motor vehicle without consent contrary to s 318(1) of the Code, the offender is convicted and sentenced to a term of imprisonment for 12 months reduced to 8 months and 18 days on account of his guilty plea, to commence on 1 November 2029 and conclude on 18 July 2030. (36) CAN 1127/2025: Drive motor vehicle without consent contrary to s 318(2) of the Code (in relation to the black VW Golf), the offender is convicted and sentenced to a term of imprisonment for 12 months reduced to 8 months and 18 days on account of his guilty plea, to commence on 1 November 2029 and conclude on 18 July 2030. (37) CAN 1125/2025: Burglary contrary to s 311 of the Code, the offender is convicted and sentenced to a term of imprisonment for 7 months reduced to 5 months and 18 days on account of his guilty plea, to commence on 20 March 2030 and conclude on 6 September 2030.

Series 9 – 17 December 2024 (38) CAN 12372/2024: Damage property contrary to s 403(1) of the Code (side fence), the offender is convicted and sentenced to a term of imprisonment for 2 months and 16 days, reduced to 2 months on account of his guilty plea to commence on 4 September 2030 and conclude on 3 November 2030. (39) CAN 1138/2025: Damage property (side gate) contrary to s 116(3) of the Crimes Act 1900 (ACT) the offender is convicted and sentenced to a term of imprisonment for 2 months and 16 days, reduced to 2 months on account of his guilty plea, to commence on 18 September 2030 and conclude on 17 November 2030. (40) CAN 12368/2024: Fail to stop motor vehicle for police, contrary to s 5C of the Road Safety Act, the offender is convicted and sentenced to a term of imprisonment for 3 months and 24 days reduced to 3 months on account of his guilty plea, to commence on 7 November 2030 and conclude on 6 February 2031. (41) CAN 12376/2024: Minor theft contrary to s 321 of the Code (stolen bike) the offender is convicted and sentenced to a term of imprisonment of 2 months and 16 days, reduced to 2 months on account of his guilty plea, to commence on 18 September 2030 and conclude on 17 November 2030. (42) The total term of imprisonment imposed is 6 years 1 month and 23 days, from 15 December 2024 until 6 February 2031. (43) Pursuant to s 12 of the Crimes (Sentencing) Act 2005 (ACT) and s 85 of the Crimes (Sentence Administration) Act 2005 (ACT) (CSA Act), the sentence is suspended from 8 June 2026 and a good behaviour order is made requiring the offender to sign an undertaking to comply with the core conditions of a good behaviour order set out in s 86 of the CSA Act and the probation and rehabilitation conditions imposed by these orders for the remainder of the order (6 February 2031). (44) The probation and rehabilitation conditions are imposed, requiring the offender to: (a) Accept supervision by the Commissioner of ACT Corrective Services or their delegate for the period of the undertaking or such lesser period as the person supervising him considers appropriate; (b) Regularly attend any alcohol or drug management program for such period as determined by the person supervising him; and (c) Obey all reasonable directions of the person supervising him including as to alcohol and drug testing, counselling and treatment. (45) CAN 12369/2024: Drive unlicensed contrary to s 31(1) of the Road Driver Licensing Act, the offender is convicted, with no penalty imposed. (46) CAN 12370/2024: Use unregistered vehicle on road contrary to s 18(1) of the Vehicle Registration, the offender is convicted with no penalty imposed. (47) CAN 12371/2024: Use uninsured vehicle on road contrary to 289(1) of the Motor Injuries Act, the offender is convicted with no penalty imposed. (48) CAN 1137/2025: Trespass contrary to s 11(1) of the Public Order (Protection of Persons and Property) Act 1971 (Cth) (Public Order Act), the offender is convicted with no penalty imposed. (49) CAN 12374/2024: Trespass contrary to s 11(1) of the Public Order Act 1971, the offender is convicted with no penalty imposed. (50) CAN 12373/2024: Numberplate not properly issued contrary to s 22(1)(a) of Vehicle Registration Act, the offender is convicted with no penalty imposed. (51) The automatic disqualification periods are confirmed in respect of the offences listed in Schedule A of these orders. (52) Pursuant to ss 63 and 69 of the Road Transport (General) Act 1999 and s 32(5) of the Driver Licensing Act, an adjustment for concurrency is made in respect of the offences listed in Schedule A, such that the offender’s driver’s licence is automatically disqualified for a total concurrent period of 60 months, commencing on 8 December 2025 and concluding on 7 December 2030. Schedule A (a) CAN8916/2024 automatic licence disqualification for 3 months is confirmed. (b) CAN 8918/2024 automatic licence disqualification for 12 months is confirmed. (c) CAN 11824/2024 automatic licence disqualification for 12 months is confirmed. (d) CAN 12079/2024 automatic licence disqualification for 12 months is confirmed. (e) CAN 12080/2024 automatic licence disqualification for 12 months is confirmed. (f) CAN 12081/2024 automatic licence disqualification for 12 months is confirmed. (g) CAN 12082/2024 automatic licence disqualification for 12 months is confirmed. (h) CAN 1119/2025 automatic licence disqualification for 12 months is confirmed. (i) CAN 1120/2025 automatic licence disqualification for 12 months is confirmed. (j) CAN 12363/2024 automatic licence disqualification for 12 months is confirmed. (k) CAN 12367/2024 automatic licence disqualification for 12 months is confirmed. (l) CAN12368/2024 automatic licence disqualification for 12 months is confirmed.

I certify that the preceding one hundred and seventy [170] numbered paragraphs are a true copy of the Reasons for Sentence of her Honour Justice McWilliam. Associate: Date: