DPP v Lindner [2025] VCC 1917

1. Handling stolen goods and theft are serious offences, carrying maximum penalties of 15 and 10 years' imprisonment. The seriousness of your conduct is heightened by its sustained and persistent nature, and its commercial purpose, rebirthing stolen vehicles for profit. You not only stole cars but also handled other stolen vehicles and acted as a disposal point in a rebirthing operation.
2. Although these charges could ordinarily be dealt with summarily in the Magistrates' Court, your case is distinguished by the scale and sophistication of the offending. You were engaged in a business of stealing cars, altering their identity, and reselling them. The offending involved seven additional vehicles, three found at your home and four stolen from carparks and car yards, mostly Holdens, with a total value of around $295,000.
3. Aggravating factors include that you were on two sets of bail and continued offending immediately after police executed a search warrant at your home on 15 May 2024. Despite being permitted to attend a psychological assessment, you resumed offending the very next day. Your conduct was planned, purposeful, and persistent.

1. Victim Impact Statements were received by the Court from Julian Luxford and Mitchell Murphy, these were tendered on your plea.
2. Mr Luxford spoke to the devastating impact your offending has had on many areas of his life. His 2016 VF HSV Clubsport LSA in Slipstream Blue was more than just a vehicle but a representation of a year's worth of saving, sacrifice and disciplined financial planning. It was a significant asset and a vehicle that had both monetary and deeply personal value.
3. This loss has left a 'deep emotional scar' upon Mr Luxford. He dreads rainy nights, triggered by the sound as it takes him back to the night of the offending. His sleep is fractured and restless as he constantly checks his driveway, refusing to believe he is safe. Mr Luxford has become socially withdrawn as he no longer trusts the world he lives in. He has become guarded, vulnerable and disconnected from the life he once had, unable to shake the feeling that he has been violated.
4. Mr Murphy described the shock to his sense of safety and stability as a result of your offending. His Holden Calais with custom number plates held deep sentimental meaning. Following your offending, Mr Murphy has experienced stress, fear and hypervigilance. He continues to experience a general sense of worry whenever he is away from his vehicle and avoids driving to places where his vehicle might be at risk of theft. His partner is similarly hypervigilant and their shared anxiety has affected their home environment.
5. Mr Murphy has experienced ongoing financial difficulties as he had to replace his vehicle and use public transport. There has been an increase to insurance premiums and investment in security devices for his replacement vehicle. The financial strain from the offending has been substantial and ongoing.
6. Following your plea, a further victim impact statement was provided from Nicholas Gibert. Mr Gilbert described his Holden SS Commodore as his 'pride and joy', which he had saved up and paid for under finance. He had invested in enhancements made to the vehicle, as well as money spent in caring for it.
7. Mr Gilbert was shocked to find out it was gone after returning from an overseas holiday. The loss of his vehicle meant that he could not attend to his normal daily activities and prevented him from attending work and sports commitments whilst awaiting his insurance compensation. Mr Gilbert has suffered a financial loss as a result of your offending, the deficit of which includes the money he invested in the vehicle's improvements and the outstanding finance payout. Mr Gilbert is hesitant to buy a similar vehicle ever again. He described the loss of his vehicle, as 'heartbreaking'.
8. I take into account the contents of each victim impact statement in sentencing you today.

1. Mr Lindner, you are a member of the Palawa people of Tasmania, through your father's family. You were born in Kyabram and initially raised with your mother, Ingrid, father, Mark, and half-brother, Leigh. You also have a half-sister Tahlia. You have few childhood memories, most of them negative, such as your father's constant drinking, which left you feeling anxious and sad. You do not recall your mother at all, though your paternal grandparents were often present.
2. Your mother left the family home with you and Leigh, but your father later gained full custody through the courts. While he allowed contact with your mother, it was always your choice. Your early childhood included frequent incidents of violence involving your father, often drunk and fighting with your grandfather or uncle, sometimes requiring police intervention.
3. Leigh eventually returned to live with your mother at around age 10, but his life deteriorated, leading to significant time in custody in Darwin. You now have little contact with him.
4. You did not see your mother for many years and felt she had abandoned any parental role. She resurfaced unexpectedly when your first child, Hudson, was born, offering financial help that felt like an attempt to buy her way back into your life.
5. You are unsure if you attended kindergarten but remember your nan often caring for you. You started at Tatura Primary in prep, where you struggled with reading and writing and attended Kip McGrath for extra learning support. Behavioural issues were common; you were frequently in physical altercations and were nearly expelled in Grade 6. While you had some friends, forming close friendships was difficult. You were bullied for being overweight and you were self-conscious and often in trouble for wagging or being disruptive.
6. You attended Mooroopna High School for Years 7 and 8 but skipped classes regularly and had little interest in learning. School felt overwhelming, and you did not receive the help you needed. You were often in trouble for smoking, fighting, and refusing to do schoolwork. Midway through Year 8, you left school for a job at the Tatura abattoirs, where your dad worked. Although you did not finish Year 8, you were given a pass.
7. After leaving school, you worked at Tatura abattoirs for a couple of years before starting a chef's apprenticeship, which lasted six months. You then spent about 18 months plastering before returning to the abattoirs. During this time, your father entered residential rehabilitation. You described yourself as a troubled teenager who stopped work and drifted.
8. Later, you worked at SPC, then moved to Gippsland for jobs at the Warragul abattoirs and a poultry farm. After breaking your elbow in 2022, you began utilising WorkCover. Overall, you estimate being employed about 80 per cent of the time since leaving school.
9. You had an on-and-off three-year relationship with Maddison, staying mainly for the children. She sought an Intervention Order for housing, which you opposed, and which was not granted. You deny any violence but say the situation severely affected your mental health because you could not see your kids. This led to depression and drug use, which caused further trouble.
10. In terms of your drug use you began drinking at 16, but only socially. You were never a binge drinker and were put off alcohol because your father was an alcoholic. Drinking was limited to special occasions or work-related events, and usually just one drink. You tried cannabis once at age 17 and never used it again.
11. Cocaine use began at 18 and you continued using it on and off until 2023. Typically, you used it monthly as a party drug. You first tried pills and MDMA at 18 in social settings. Your use was sporadic and never daily, you describe being able to 'take it or leave it'. This pattern of use continued intermittently until mid-2023. You have not used either substance since completing rehabilitation at Arrow Health.
12. At age 17 you first tried methylamphetamine. You used this substance heavily for about two years. At this time your addiction escalated quickly, from twice-weekly use to daily consumption of up to half a gram, which you always smoked and never injected. During this period, you were in significant legal trouble and resorted to theft to fund your addiction. After years without use, you relapsed in March 2022 following a separation from your former partner Maddison, the mother of your two eldest children, Ryder and Hudson. The breakup, combined with the application for a Family Violence Intervention Order and a break in contact with your children, triggered the relapse.
13. Sometime after this separation you commenced a new relationship with your current partner Chelsea. You were living together at the time of the first police attendance in February 2023. In her letters to the court Chelsea described this as a very frightening experience, particularly given the fact that she was 38 weeks pregnant with Millie at the time. You were released on bail and were able to provide some support to Chelsea when Millie was born. However, DFFH became involved, and Chelsea was advised that Millie would be taken from her if she remained living with you, considering your ongoing drug use and offending behaviour. It is in this context your offending occurred around 1 March 2023 and you were remanded in custody.
14. Whilst on remand you undertook numerous courses including a six-hour course entitled 'Ice and me'. Certificates dated throughout May 2023, were tendered on the plea before His Honour Judge Maidment and also on the plea before this court. On 3 August 2023 you were released on bail to Arrow Health Residential Rehabilitation. You remained at that facility for 30 days but could not afford the cost of completing the program. On 1 September 2023 you entered the community again and your bail was varied to allow you to undertake CISP bail and participate in the aftercare program with Arrow. You remained on CISP bail until 12 January 2024 when the condition was removed in view of your successful involvement. Documentation from Arrow Health and CISP was also tendered on your previous plea and before this court.
15. Your relationship with Chelsea continued and you lived together with your daughter Millie. One of your sons was also living with you and the other was visiting regularly. You had some casual work plastering and it would appear there was some stability in your life at this time. In December 2023 your relationship with Chelsea broke down. However, I understand that at the time of your final remand on 5 June 2024, you were living with Chelsea, Millie, one of your sons and Chelsea was again pregnant.

1. A report dated 17 June 2024, from psychologist, Carla Lechner was tendered on your plea. Ms Lechner considered that your offending was linked to your drug addiction and mental health issues. She opined that you present with a Stimulant Use Disorder (early remission), Major Depressive Disorder, and a provisional diagnosis of Adult ADHD (DSM-5-TR). Ms Lechner noted that after a long period of abstinence, you relapsed following a relationship breakdown and loss of contact with your children which triggered depression and renewed drug use. At the time, you sought extra funds to support your family and addiction while on Workcover. At the time of assessment Ms Lechner accepted your word that you were abstinent from drugs use and strongly motivated to avoid further offending. She recommended ongoing mental health support.
2. Ms Lechner described that at interview, you appeared anxious and easily distracted. In her opinion you struggled with information overload, tended to 'zone out', and you lacked adaptive coping strategies. Ms Lechner opined that you suffer severe psychological distress, extreme depression, and ADHD symptoms. Further she noted that you harbor anxiety about possibly inheriting your father's degenerative disease. It was her opinion that a period of immediate incarceration would likely lead to a further deterioration in your mood state and potentially undermine the gains that you had made.
3. During the assessment you told Ms Lechner that your role in the offending was stupid and that you were trying to make a living to provide for your family when you were on Workcover and trying to support your drug addiction which was costing quite a bit. You claimed at the time to be buying cars off Gumtree however after that assessment you were depicted in CCTV footage actively involved in several car thefts.
4. I have treated the assessment and report of Ms Lechner with caution. I accept her opinion as to your mental health presentation and the presence of major depressive disorder, ongoing anxiety and the provisional diagnosis of ADHD. However, any opinion she provides as to your strong motivation for reform and self-report of drug abstinence or reasons for your offending are clouded by the chronology. Her assessment occurred whilst a search warrant was being executed at your property by police. The police officers had allowed you to leave to keep the appointment. Within days of the assessment, you went on to seriously offend committing four charges of car theft, where you and another, targeted high end Holden vehicles in carparks, theft of petrol and a further charge of handling stolen goods.
5. I accept that your childhood was disrupted and difficult and this no doubt has influenced and shaped the person that you have become and has continued to impact your functioning.

1. It is relevant to my sentencing task that on 10 October 2024 Judge Maidment imposed a sentence of 40 months with a non-parole period of 25 months, 276 days were reckoned as served by way of pre-sentence detention at that time.
2. Your counsel Mr Chisholm relied on several important matters in mitigation. These included matters raised before his Honour Judge Maidment, such as the courses and rehabilitation you undertook in custody, inpatient rehabilitation at Arrow Health and your participation in the CISP program.
3. Mr Chisholm also referred to the Koori Court sentencing conversation that occurred on 17 September 2024 and tendered the transcript of that hearing. I have read the transcript. It is apparent that you were challenged by the elders and that Aunty Dianne pressed you to think about the victims and how they have suffered by having their property stolen. Aunty Dianne told you to stand up and man up. Aunty Margaret pointed out to you, that as an Aboriginal man, when you do the wrong thing, you bring shame on all Aboriginal people. She urged you to put your family tree together and immerse yourself in your culture, which you agreed to do. It was apparent in the conversation that you recognised a need for further inpatient rehabilitation and there was a proposal before the court for admission into an Aboriginal healing centre or the Hope program. This did not occur.
4. Mr Chisholm submitted that the court and elders were clearly made aware of the serious nature of the outstanding charges now being dealt with by this court. I accept this to be the case.
5. As a result of these matters remaining unresolved meant you have continued to experience an uncertain future. There has been a delay in the resolution of charges which has resulted in this matter hanging over your head. Mr Chisholm submitted that for this and other reasons your time in custody has been onerous. The other factors include Chelsea's second pregnancy and the birth of your daughter Heidi. You have been absent from the family home and unable to assist Chelsea with the care of Millie, still a toddler and now baby Heidi. Additionally, you have only held Heidi twice in the nine months since her birth. You have missed very important milestones and have been absent at a time where you should have been present to assist and bond as a father. Not only has Chelsea had the sole care of the children but she has had to pay the bills and maintain the family home in your absence.
6. Another factor that has made your time in custody more difficult is the death of your Nan. I accept that your Nan was a very important caregiver and person in your life. Although you were able to attend her funeral you did so with the shame of being shackled. Since that time, you have had to grieve alone in custody without the support of your loved ones and family. Further as carer for your father, her death has meant that his care has become less certain. Currently, your Aunt Gina Linder is caring for him however if you were at liberty, you would take on this role. His current level of need and his deterioration due to Huntington's disease, is proving difficult for your aunt. Your relationship with your father has not always been straight forward particularly given his consumption of alcohol when you were young. However, you feel it is your responsibility to care for your father notwithstanding the previously complex relationship. I saw your reaction in court when these issues were discussed, clearly, they are matters that weigh heavily upon you. Your reaction was similar at Koori court.
7. Lastly, Mr Chisholm submitted that you have been subjected to regular lockdowns in custody. This has not been a daily occurrence but has been consistently frequent to make your time in custody more onerous.
8. I accept all these factors have combined to make your time in custody more onerous than for others without these worries. It was not put that these factors rise to the standard of exceptional circumstances required for the exercise of mercy on the basis of family hardship, but they have caused you significant angst and have certainly made your prison time harder.

1. Your plea of guilty was entered quite recently. I accept that there was a delay in the provision of DNA evidence that prevented an earlier resolution. Notwithstanding any delay your plea has significant utilitarian value and is demonstrative not only of your acceptance of responsibility for your offending, but also your remorse. Further it is evidence of your desire to facilitate the course of justice. I propose to allow an appropriate sentencing discount for your plea of guilty.

1. Notwithstanding an unhelpful chronology of repeated offending, your counsel submitted you have reasonable prospects of rehabilitation. He based this submission on several factors including, your age being 31 years, your dedication to your family, the support you have in the community, your involvement in the sentencing conversation, your discovery and connection to Aboriginal culture and your continued participation in programs and courses in custody. I received a bundle of certificates that evidence your completion in September and November 2025 of a series of Atlas Programs including Recalibrate, Healthy Relationships, Healthy Living, House and Homes, Family Friends and Community, Adapt, Take Stock B and Learning for life.
2. Ms Caruso on behalf of the prosecution conceded that you have taken some positive steps towards rehabilitation, that your prior convictions are not extensive and you have connected with your culture. Ms Caruso submitted that your prospects of rehabilitation were tied to your ability to stay drug free and although they could not be assessed as good at this stage they may improve over time.
3. I accept the submissions of both counsel. I consider you are still a relatively young man at 31 years old. You have every reason to reform for your partner and young family. You will require assistance which will be provided in the form of supervision on parole. By the time you are released in the community you will have served a relatively lengthy period in custody. You are using your time in custody productively and with ongoing support from corrections and your family, I assess your prospects as positive.

1. I consider the relevant sentencing principles that must be applied in this case are general deterrence, denunciation and just punishment. Specific deterrence remains a relevant sentencing consideration given your repeated offending in February and March 2023 and then again in mid-2024. Protection of the community will be achieved given the term of imprisonment and period of supervised release that I intend to provide.
2. The principles of proportionality and parsimony are also important considerations. They require me to make sure the punishment imposed fits the crime committed and that I do no more than is necessary to punish you for your offending. I have taken these principles into account in fixing the sentence I will now impose.
3. I take into account the sentencing guidelines referred to in s5 of the Sentencing Act that are relevant in your case.[1] In particular I have had regard to the sentencing landscape for the offending before me. Ultimately, the sentencing exercise requires that I balance all relevant factors and make a judgment as to the appropriate sentence in the circumstances of your particular case.
4. Ms Caruso for the prosecution submitted that offending on bail results in the reversal of the presumption of concurrency. Whilst I accept this submission totality remains a very important consideration. What I intend to do is impose individually appropriate sentences on the current charges taking into account the relevant sentencing principles and also the mitigatory facts applicable to your case. In arriving at my orders for cumulation I have considered the principle of totality and further I have ensured that the new overall total effective sentence gives effect to the totality principle, taking into account the overall criminality of your offending and your circumstances.
5. Mr Lindner, after consideration of all of the above factors I determine that the only sentence that can be imposed for the serious offending before the court is one of imprisonment. As I have said, on 10 October 2024 Judge Maidment imposed a sentence of 40 months with a non-parole period of 25 months, 276 days were reckoned as served by way of pre-sentence detention at that time. I will therefore be required to set a new single non-parole period.

1. On each of the charges that you face now you are convicted, and you are sentenced as follows:
2. Charge 1, handling stolen goods, I sentence you to be imprisoned for a period of 15 months.
3. In relation to Charge 2, handling stolen goods, I sentence you to imprisonment of a period 15 months.
4. In relation to Charge 3, theft of motor vehicle, I sentence you to be imprisoned for 21 months.
5. In relation to Charge 4, theft of motor vehicle, I sentence you to be imprisoned for 21 months.
6. In relation to Charge 5, theft of motor vehicle, I sentence you to be imprisoned for 21 months.
7. In relation to Charge 6, theft of motor vehicle, I sentence you to be imprisoned for 21 months.
8. In relation to the theft of petrol, I sentence you to 6 months' imprisonment.
9. For Charge 8, handle stolen goods, I sentence you to 15 months' imprisonment.
10. Charge 3, theft of motor vehicle, where I imposed 21 months' imprisonment, is the base sentence. I order three months of the sentence on Charge 1, three months of the sentence on Charge 2, four months of the sentence on Charge 4, four months of the sentence on Charge 5, four months of the sentence on Charge 6, and three months of the sentence on Charge 8 to be served cumulative. This makes a total effective sentence of 42 months.
11. In relation to the 42 months, I order that 15 months of this sentence be cumulative upon the sentence you are now undergoing. I make this order for cumulation mindful of the time that you have already served and that this results in a global total effective sentence of 55 months or 4 years and 7 months.
12. I now turn to the issue of parole. The purpose of parole is to provide for mitigation of punishment in favour of rehabilitation through conditional release where appropriate. The non-parole period is the minimum time that I determine justice requires you must serve having regard to all of the circumstances.
13. Pursuant to s14(1) of the Sentencing Act I am required to set a new single non parole period in light of the global total effective sentence between your previous sentence and my order for cumulation.[2] Your new overall non-parole period is 32 months, or 2 years and 8 months, with the commencement date being 10 October 2024, the date of your previous sentence
14. A new single non-parole period can be achieved either by backdating the new single non-parole period to commence at the date of the original sentence or by directing that it commences from today. I am mindful that the Court of Appeal has expressed a view that there should be uniformity of practice and that all new

non-parole periods should be made to commence on the date on which they are fixed. However, given the amount of time you have already served under the original sentence and for clarity, I have backdated the single non-parole period to the date of your original sentence. In doing so I note that the Court of Appeal has endorsed either approach, noting the most vital concern is that the start date be expressly stated.[3] 15. I am expressly stating that the start date of the new single non-parole period is 10 October 2024. That is, 32 months which will run from that date. 16. It is my intention to add seven months to your earliest parole eligibility date and if my orders do not have this effect then the matter should return to me for any necessary corrections. 17. To be clear the s18 declaration in relation to the period of 276 days of pre-sentence detention applies to the new single non parole period.[4] This was previously declared by His Honour Judge Maidment. 18. Pursuant to s6AAA of the Sentencing Act 1991 but for your plea of guilty I would have imposed a term, and this is a global term, of six years with a new single

non-parole period of three years and nine months.[5] 19. I make the orders for forfeiture and disposal which I believe are unopposed in the terms sought by the prosecution. 20. In relation to charges 3, 4, 5 and 6 you are disqualified from obtaining a driver's licence for 12 months from today. 21. Are there any further matters.

[1] Sentencing Act 1991 (Vic) s 5.

[2] Ibid s 14(1).

[3] R v Rich (No 2) (2002) 4 VR 155 at [9] & [106]; R v Brown [2009] VSCA 23 [44]; R v Stares [2002] VSCA 70; (2002) 4 VR 314 [31] & [33].

[4] Sentencing Act 1991 (Vic) s 18.

[5] Sentencing Act 1991 (Vic) s 6AAA.