DPP v Norris & Anor [2020] VCC 99

11. One street light was located approximately 80 metres to the east of the collision scene, and another approximately 60 metres to the west. There were no other lights in the immediate vicinity of the collision and it was dark.
12. Witnesses heard the motorbike prior to the collision and believed it to be travelling very fast. Investigators estimate that it was going at a minimum speed of 41 to 50 kilometres per hour. The motorbike was not registered and did not have a light affixed to its front. Joshua Abbott, you were disqualified from driving.
13. Your motorbike collided with the victim. Two witnesses who were walking along the footpath at the same time, immediately came to your aid. They assisted

Joel Beech as he lay on the path, rolling him into the recovery position.

They also assisted you, Joshua Abbott, as you were lying on the ground with one leg underneath your motorbike.

14. The witnesses lifted the motorbike, turning it off before laying it back down onto the ground. After getting back onto your feet, Joshua Abbott, you picked up the motorbike and tried to start it. When asked what you were doing, you said that you were just seeing whether it still worked. After starting the motorbike, you got back on and rode away. You made no attempt to remain at the scene and no attempt to render any assistance to the victim.
15. One of the witnesses called "000" at 12.16 am. Joshua Abbott, you had told the witness not to call an ambulance. Police arrived at approximately 12.38 am, with paramedics arriving soon after. The victim was treated at the scene before being airlifted to the Royal Melbourne Hospital with life-threatening injuries.
16. When police arrived, they established a crime scene. A brief search was conducted, locating goggles and a helmet mouthpiece. In the course of the investigation, several droplets of blood were also located on the ground. Eventual analysis of those items and blood samples revealed that the likely source of their DNA was yours, Joshua Abbott.
17. At approximately 4.30 pm on the same day, a search warrant was executed at your home address. Investigators observed that you had a number of visible injuries, including a black, swollen left eye, as well as grazing and lacerations to your right shoulder and back. The motorbike was not located.
18. You were arrested and transported to the Echuca police station, where a record of interview commenced, but was suspended due to concerns about your welfare. You were transported to the Echuca hospital and released later that night. You were returned and held at the Bendigo police station.
19. On 11 March 2019, you, Joshua Abbott, made a 'No comment' record of interview in relation to the collision, but provided an explanation for your injuries saying that you had received them in a fight with your brother the night before. You provided a DNA sample and consented to having your injuries photographed. You were released, pending further investigation.
20. On 1 April 2019, police reattended at your address. Whilst the police were speaking to your mother, you ran out the back door. You were unable to be located by investigators.
21. On 2 April 2019, police attended at an address where you, Joshua Abbott, were found hiding under a bed. You were arrested, taken to the police station and interviewed again about the incident. You denied any involvement in the collision. You did not provide an explanation as to why your blood was located at the scene. You were charged with these offences and remanded in custody.
22. On Wednesday 13 March 2019, investigators searched your home address, Daniel Norris. You provided a signed statement about the Honda motorbike, saying that you had not seen your co-accused for about five days.
23. Between 10 and 21 March 2019, you, Daniel Norris, were recorded in phone conversations where you described in detail what happened in the collision and the injuries received by the victim. You said that you had attended Joshua Abbott's address shortly after the collision, where you located him at home in bed. You agreed to remove his motorbike from his house, taking it back to your own house. You made reference to arranging and disposing of the motorbike, stating that on the day of Mr Abbott's arrest, you were on your way over to warn him that investigators were coming.
24. On 16 March 2019, investigators obtained CCTV footage from 10 March 2019 at 1.45 am, depicting a male walking a dirt bike into the driveway of your property, Daniel Norris. Later that day in the footage, a male can be seen riding the bike out of the driveway, returning about one hour later carrying a motorbike helmet.
25. On 16 May 2019, a record of interview was conducted with you, Daniel Norris. You denied having knowledge of the collision until you had read about it online on 10 March 2019.
26. On 9 July 2019, investigators located the motorbike ridden in the collision on the banks of Lake Cooper, where it was covered in shrubbery. It had been partially burnt as well as parts of it having been painted green.
27. On 6 August 2019, a search warrant was executed at your address, Daniel Norris. You were arrested and a record of interview was conducted.

You admitted to riding the motorbike from Joshua Abbott's house on the afternoon following the collision. You stated that he had asked you to do this as he had sold the bike and needed it to be taken for a test drive. You were charged with assisting an offender by concealing the motorbike and by making a false statement. You were remanded in custody.

28. Joshua Abbott.
29. A detailed analysis of the nature and extent of the serious injuries sustained by Joel Beech has been outlined in a report from the Victorian Institute of Forensic Medicine, dated 30 May 2019, prepared by forensic medical officer

Dr Alexandra Marceglia. She had access to a number of documents, including patient care records from Ambulance Victoria and medical records from the Royal Melbourne Hospital where he was first admitted.

30. Mr Beech was transferred to an acquired brain injury unit with a multi-disciplinary rehabilitation team at the Alfred Hospital.
31. A medical report from a rehabilitation physician, Dr Kim Proudlove, dated

10 September 2019, confirms that in the accident he sustained the following injuries:

• severe traumatic brain injury requiring a right front to temple craniotomy and evacuation of haemorrhage;
  • multiple facial and skull fractures;
  • neck fractures and hematoma;
  • abdominal injuries;
  • pelvic fractures;
  • left elbow fracture requiring an operation;
  • chest injuries.

32. Dr Proudlove's opinion is that Mr Beech's cognitive impairment is severe enough to require formal support in all aspects of his life in the future.

Upon discharge, he requires intensive community support, including daily attendant carers to assist him with personal care as well as with domestic activities, community access and leisure activities.

33. Mr Beech was hospitalised from the date of the collision until he was discharged to his father's home on 19 December 2019, over nine months from the date of the incident. The clinical discharge summary confirms that he now has severe deficits in recall recognition, moderate deficits with memory, following directions and sequencing, foresight and planning, safety and judgment.
34. The report states that the victim has some understanding of the physical changes that he has suffered post-brain injury, but very limited understanding of his cognitive behavioural changes and the impact this has on his function and support needs. A referral is required to a community neuropsychologist to facilitate his ongoing rehabilitation. He has a reduced range of movement in his left elbow. He is unable to drive.
35. Details of Mr Beech's current lifestyle were provided by his family. He now lives with his father and has the assistance of a nurse for three hours every day.

He requires carer support when interacting in the community, which is currently limited. As a result of the serious injuries suffered by Joel Beech, his father has become reclusive and is struggling to manage.

36. Mr Beech was not present at the plea hearing, but was represented in court by several members of his family. He is now 40 years of age. In the clinical discharge summary from Alfred Health, the author confirms that the victim was previously independent with all activities of daily living. He worked full-time as a concreter. He was able to drive a motor vehicle. He enjoyed playing sport and walking his dog. Your conduct has caused the victim and his family irreversible sadness and pain.
37. A victim impact statement has been prepared on behalf of Mr Beech by his sister, Varley Lynch, and was read to the court. She states that her brother does not fully appreciate what he has lost, which is why he is unable to write the statement himself. She writes:

'This crime has taken a grown man that was highly motivated and active. Now, he is a little boy in a man's body. He is likely to be dependent on others for all of his needs the rest of his life.'

1. She quotes that her brother has said that this accident has wrecked his life,

'I hope he is punished. He has taken my life away from me.'

1. Ms Lynch also prepared her own victim impact statement, which was read to the court. She describes being haunted by the tragedy that has unfolded since this incident occurred. She is both physically and mentally exhausted, and struggles to come to terms with the reality of her family's life as it now is, as it is extremely difficult.
2. The victim's father has been unable to manage the intense stress associated with his son's injuries. He often cries, and has withdrawn from the community. The entire family is concerned about Joel Beech's prognosis and the likelihood that he will never recover from these serious injuries.
3. Mr Beech's niece, Kayla Lynch, also described to the court her intense distress when notified by police at 4.45 am on 10 March 2019 of her uncle's life-threatening injuries.
4. I take the medical evidence and the victim impact statements into account.

It is difficult to comprehend the full extent of the impact your actions have had on both Mr Beech and his family's lives. The sentence that I will ultimately impose cannot be a simple reflection of a tragedy that has resulted from this collision and its related consequences, but I must take both of these aspects into account.

5. You have been in custody since your arrest over 10 months ago.
6. This matter resolved to a plea of guilty at a committal mention on 18 September 2019. It is accepted by the prosecution that your plea was entered at a reasonably early stage, notwithstanding your lack of cooperation with police in the course of their investigation. It is conceded by your counsel that your conduct was evasive at the outset.
7. Your pleas of guilty have a significant utilitarian benefit. You have saved the court and the community the time and expense of running a trial. You have spared the witnesses from giving evidence in court. The victim and his family have been spared the stress and anxiety associated with awaiting the resolution of this matter.
8. In those circumstances, you have facilitated the efficient administration of justice, and are entitled to a benefit for that. Your counsel has submitted that your plea of guilty is consistent with remorse. The prosecution agree with that submission.
9. At the request of your solicitor, Mr Martin Jackson, consultant clinical neuropsychologist, has prepared a report for court dated 13 December 2019. He states that you expressed regret to him for your actions. When talking about the incident, you said that you know what you did was wrong, particularly leaving the scene of the accident and getting your friend to dispose of the motorbike. You understand that the victim has been very seriously injured, and that these injuries will affect him throughout the rest of his life. In Mr Jackson's opinion, the remorse you have demonstrated is sincere, and you accept that a term of imprisonment will result from your conduct.
10. At the plea hearing, you were accompanied in court by your parents, your grandmother and other family members. Members of your family and friends have written brief personal references to the court. In a discussion about your offending conduct with your parents, it appears that you have developed a level of insight into the distress that you have caused to both the victim and his family.
11. You have also written a letter to the court expressing your remorse for the injuries you have caused to the victim, as well as acknowledging what his family have endured as a result of your conduct.
12. I accept that whilst you have been in custody, you have undertaken a period of self-reflection. Whilst it may not have always been so, you are now belatedly remorseful for your offending. After some hesitation, I accept that it is genuine. This sentiment is consistent with your plea of guilty. I take your plea into account in your favour.
13. Your criminal history is constituted by driving offences in both the children's and adult jurisdiction. Some involve serious offending. You have been found guilty of seven charges of unlicensed driving between 22 April 2014 and 23 May 2018.
14. On 4 October 2017, in the Deniliquin Court of Petty Sessions, you were found guilty of offences including driving a motor vehicle with a prescribed concentration of drugs present in your blood or oral fluid. You were convicted and fined. Your licence was cancelled, and you were disqualified from driving for a total of six years.
15. On 23 May 2018, at the Echuca Magistrates' Court, you were found guilty of driving a motor vehicle dangerously or negligently while being pursued by police, driving whilst disqualified, and other driving offences. You were convicted and placed on a community corrections order for 18 months.

Your licence was cancelled, and you were disqualified from driving for two years.

16. You have a number of offences that are listed for a consolidated plea of guilty in the Magistrates' Court on 26 February 2020. These offences include five charges of driving whilst disqualified between the dates of 12 July 2018 and

17. Your current offences occurred in breach of the community corrections order and the disqualification of your licence. Regrettably, these orders did not deter you from driving.
18. Your explanation put forward for continuing to do so is that you were immature. You have shown a blatant disregard for orders of the court. You say that you have a poor recollection of the current incident. You acknowledge that there is no excuse for driving on this occasion, nor the manner in which you drove.
19. This is the first time you have been incarcerated. A report has been prepared for the court by Alison Mynard, clinical psychologist, dated 25 May 2019. In the course of consultation, you reported suicidal ideation when you were held in the police cells at the beginning of your remand period.
20. You are now at the Ravenhall Correctional Centre, where you have engaged in drug rehabilitation and vocational courses. You have provided random drug screens that have been taken in custody, which are negative. You have worked as a gardener and are currently managing the cleaning of prison staff offices. You enjoy your work. It has some status attached to it and indicates that you are trusted by those in control.
21. Ms Mynard believes that incarceration has provided you with a highly structured environment from which you have benefited. Mr Jackson agrees, saying there is no indication in your self-report or clinical presentation that incarceration has had an adverse effect on you.
22. You have had weekly contact with members of your family in the past eight months. Your relationship with them has improved over this time. In the letter to the court written by your mother, she acknowledges that you have a long way to go in changing your life for the better. Your family clearly support you and will continue to do so in the future.
23. At the time of your offending you were 22, and you are now 24 years old.

In light of the seriousness of these offences and the objective gravity of the matters before the court, the mitigating effect of your age and relative youth is reduced. These factors, however, are still relevant when considering your prospects of rehabilitation.

24. Mr Jackson conducted a neuropsychological assessment which indicates that you have a longstanding generalised verbal and language disability with all aspects of verbal and language functions being in the extremely low to borderline range. There is a major discrepancy between your language or verbal skills and your perceptual skills, which are mostly average. There is no specific relationship, however, between your cognitive condition and the alleged offending. You do not have any significant medical history, nor any mental health issues that have contributed to your offending.
25. Your prospects for the future are not easy to assess, as they are related to your capacity to cease offending when driving. In Mr Jackson's opinion, you will need support in order to avoid driving while you are disqualified. I consider your prospects for rehabilitation as reasonable.
26. I turn now to your personal circumstances.
27. You were born in January 1996. You have two parents, an older brother and an older sister, with whom you have a close relationship. When you were a child, your father often travelled for work. You were disappointed that he was away a lot and looked forward to his return.
28. You started your education at Rochester Primary School. When your family moved to Echuca, you attended Echuca East Primary School and then moved to Echuca College. You had many friends at school, describing yourself as the class clown. You did not progress well academically. Partway through Year 9, you moved to Campaspe College. You completed Year 10 before leaving school.
29. You have had various forms of employment since that time. You have worked as a labourer, polishing concrete, and also as a farm hand. Prior to your remand in custody, you worked sporadically for your brother as a mechanic, despite not having any formal qualifications. You did not work for approximately three months before your arrest. Your goal in the future is to find employment working with cars, or alternatively, looking for work on a farm.
30. You began to use amphetamine in a social setting at the age of 17. Prior to your incarceration, you were in a relationship with another drug user and used methylamphetamine more regularly. That relationship has now ended.

You were supported in court at the plea hearing by your new partner.

31. I take into account the maximum sentences for these offences and current sentencing practices. I have been provided with a number of relevant cases by the prosecution and defence, which I have carefully considered.
32. I consider this to be a serious example of significant criminal offending.

Your driving was extraordinarily negligent. You rode your unlit motorcycle at speed on a dark footpath with no regard whatsoever for the safety of others. Your immediate instinct after the dreadful collision was self-preservation.

You lied to people more responsible than you who were endeavouring to assist the man you had so grievously injured, and then you decamped from the scene.

33. In his own words, the injuries you have caused Joel Beech have taken his life away from him. You have savagely compromised the lives of those who love him. You participated in endeavouring to conceal this offending.
34. I regard the objective gravity of your offending as high, as is your moral culpability. Your prior convictions are highly relevant and significant.

A substantial term of imprisonment is the only appropriate disposition.

35. I consider that general deterrence must be given significant weight in the sentencing process, as must the factors of denunciation and protection of the community. The community expects that those who elect to engage in serious driving offences be punished for their offending. Specific deterrence must also feature in the sentencing mix.
36. As I have said, I do take into account your plea of guilty, your reasonable prospects of rehabilitation, and your belated remorse. I take into account the principle of totality. I have taken care not to doubly punish you for your offending.
37. Mr Abbott, would you please stand?
38. Balancing these factors as best I can, I sentence you as follows:
39. Charge 1 (negligently causing serious injury) you are convicted and sentenced to five years' imprisonment.
40. Charge 2 (failing to stop and render assistance) you are convicted and sentenced to four years' imprisonment.
41. For the summary offence of driving whilst disqualified, you are convicted and sentenced to 12 months' imprisonment.
42. I direct that Charge 1 be the base sentence. I direct that 18 months of Charge 2 and six months of Charge 3 be cumulative upon each other, and on the base sentence.
43. The total effective sentence is of seven years' imprisonment.
44. I fix a non-parole period of five years.
45. I enter in the records of the court that you have served 321 days of pre-sentence detention.
46. I make the order for disposal as requested. There is no objection to that application.
47. The declaration I make under s.6AAA is, had the matter proceeded as a plea of not guilty, I would have sentenced you to a term of imprisonment of eight years and six months with a minimum term of five years and six months.
48. Mr Abbott, your licence is cancelled. You are disqualified from driving for a minimum period of five years. That period commences today. Have a seat, please.
49. Daniel Norris.
50. You were charged on 6 August 2019 and have now spent approximately six months on remand. Your matter resolved to a plea of guilty on 4 September 2019 on the basis that you concealed the motorbike and that you made and signed a false statement on 13 March 2019. An application for summary jurisdiction was made on 2 October 2019 and refused. Your plea was then listed in the County Court.
51. It is accepted by the prosecution that you have entered your plea of guilty at the earliest opportunity. You have saved the court and the community the time and expense of running a trial. There is a utilitarian benefit in the entry of your early plea, notwithstanding the nature of your offending conduct. You are entitled to a benefit for that.
52. You acknowledge the seriousness of your actions and that they significantly impeded the police investigation into this offending. You tried to burn the motorbike, as well as painting parts of it green, before hiding it on the banks of Lake Cooper beneath the shrubbery, soon after this incident occurred. It was not located by police for almost four months. You also made a false statement to the police after disposing of the dirt bike.
53. The recording of your phone calls confirm that you had detailed knowledge of what had taken place on 10 March 2019 and of the injuries received by the victim. Despite knowing this, you assisted your co-accused.
54. Your explanation for your offending is that you wanted to help your friend.

This misguided sense of loyalty demonstrates a lack of regard for the consequences of your behaviour. I am told that you occasionally used methylamphetamine both at the time of your offending and your arrest in this case. Your relationship with your co-accused was through drug-using associates.

55. You have admitted prior convictions for a range of matters, including drug-related and dishonesty offences that have occurred in the past four to five years. You have previously served a short term of imprisonment, as well as being placed on two community corrections orders in 2016.
56. Your criminal conduct relates to your developing an addiction to methylamphetamine in 2015. Your offending has been primarily to fund that drug addiction. You have a number of outstanding charges listed for a consolidated plea in the Magistrates' Court on 19 February 2020. Proceedings for the breach of one community corrections order imposed in the County Court have also been initiated.
57. You are now 34 years of age, having an unremarkable childhood and upbringing. You maintain a good relationship with your mother, who resides in Bendigo. She is providing accommodation for your de facto partner and your two young children while you are in custody. Your partner was present in court on the day of the plea hearing. You have her support.
58. Your oldest child is three years old and has been diagnosed with severe haemophilia A and systemic juvenile idiopathic arthritis. Dr Sally Campbell, consultant haematologist at the Royal Children's Hospital, has prepared a letter for court dated 3 December 2019. It confirms that your son is undergoing treatment provided by the Royal Children's Hospital in Melbourne.
59. Whilst you have been on remand, your son was admitted to hospital on two occasions. He is unable to receive appropriate treatment in your absence unless he is in hospital. You are the only family member who has received the high level of training required to manage and administer procedures to care for your son when required. Your being incarcerated has placed a burden on your partner. Although I am not prepared to find that the burden of imprisonment is exceptional, I do consider that the time you have spent in custody on remand and in the future will be made more onerous because of the separation from your son.
60. You have had previous employment in construction and as a forklift driver, starting work at around the age of 17. Prior to your offending, you worked on a casual basis as a labourer. It appears that you had a good work history up until your drug use commenced.
61. Whilst in custody, you have been held at the Marngoneet Correctional Facility and have been employed in the kitchen. You have undertaken courses for vocational training and to address your offending behaviour. You are currently on a waiting list to commence drug and alcohol counselling. Your prospects for rehabilitation hinge on the success of your ability to eliminate your drug use when released into the community.
62. Your current offending is a serious example of your ongoing indifference to the criminal process. It is conceded that the principles of general and specific deterrence are relevant sentencing considerations, as are the principles of denunciation and punishment.
63. Taking into account all relevant considerations, I accept that a term of imprisonment is the only appropriate disposition. I take into account the maximum penalty for these offences. The principle of totality is relevant and

64. Mr Norris, would you please stand?
65. Balancing all these factors as best I can, I sentence you as follows:
66. Charge 3 (assisting an offender) you are convicted and sentenced to

67. For the summary offence of unlicensed driving, you are convicted

68. For the summary offence of committing an indictable offence whilst on bail,

you are convicted and sentenced to 14 days' imprisonment.

69. I direct that all terms of imprisonment be served concurrently. That

70. I fix a non-parole period of 10 months.
71. I declare that 195 days have been served by way of pre-sentence detention.
72. The declaration I make under s.6AAA is that had the matter not proceeded

as a plea of guilty, I would have sentenced you to two years' imprisonment with

73. The order for disposal is made. There is no objection to that application.
74. Have a seat, please.
75. Thank you. Ms Moffatt, is there anything further?
76. MS MOFFATT: No, Your Honour.
77. HER HONOUR: Mr Blake?
78. MR BLAKE: No.
79. HER HONOUR: Mr Timms?
80. MR TIMMS: No, Your Honour. Thank you.
81. HER HONOUR: I will ask that Mr Abbott and Mr Norris be removed. Adjourn the court.