Director of Public Prosecutions v Abien
[2017] VCC 1532
•23 October 2017
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
| GENERAL LIST |
Case No. CR-17-01255
Indictment No. H10879290
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| DENG ABIEN |
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JUDGE: | HIS HONOUR JUDGE CARMODY | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 18 October 2017 | |
DATE OF SENTENCE: | 23 October 2017 | |
CASE MAY BE CITED AS: | Director of Public Prosecutions v Abien | |
MEDIUM NEUTRAL CITATION: | [2017] VCC 1532 | |
REASONS FOR SENTENCE
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Subject: CRIMINAL LAW
Catchwords: Sentence – theft of motor car – armed robbery – failing to stop motor vehicle when directed to by a police officer – failing to answer bail
Legislation Cited: Crimes Act 1958, s74(1), s75A; Criminal Procedure Act 2009, s145; Sentencing Act 1991
Cases Cited:R vMills (1998) 4 VR 235; R v Wyey [2009] VSCA 17; Azzopardi v R [2011] VSCA 372; R v Verdins & Ors (2007) 16 VR 269
Sentence: Total effective sentence of two years and ten months’ imprisonment at a Youth Justice Centre.
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Mr L Harrison | Solicitor for the Office of Public Prosecutions |
| For the Accused | Ms D Dempsey | Victoria Legal Aid |
HIS HONOUR:
1 Deng Abien, on 18 October 2017, you pleaded guilty to the following charges on Indictment No. H10879290:
(a) Charge 1: Theft of motor car. This charge has a maximum penalty of ten years’ imprisonment;
(b) Charges 2, 3 and 4: Armed robbery. These charges each have a maximum penalty of 25 years’ imprisonment.
2 You also pleaded guilty to related summary offences which were transferred to this Court pursuant to s145 of the Criminal Procedure Act 2009. Those charges were:
(a) Charge 2: Failing to stop motor vehicle when directed to by a police officer. This charge has a maximum penalty of six months’ imprisonment;
(b) Charge 8: Failing to answer bail. This charge has a maximum penalty of two years’ imprisonment.
3 You admitted a criminal history of aggravated burglary – person present – and theft. You were sentenced for these matters to a Good Behaviour Bond in the Sunshine Children’s Court on 2 March 2017. You committed these offences twenty-three days later.
4 You have been in custody on remand in adult prison for 208 days at the time of your sentence.
Circumstances of your offending
5 On Tuesday, 7 March 2017, you failed to appear in answer to your bail at the Melbourne Children’s Court (Summary Charge 2).
6 On Saturday, 25 March 2017 between 3.05pm and 6.15pm, you committed three separate armed robberies on a jewellery store in South Yarra, a post office in Ardeer, and a milk bar in St Albans. Each offence was committed in the company of several male co-offenders (Charges 2 – 4).
7 A stolen vehicle was used to travel to and from each armed robbery (Charge 1).
8 The following day, Sunday, 26 March 2017, you were in the same stolen vehicle and ignored a police direction to stop (Summary Charge 8).
9 I will now summarise the offences on the Indictment.
Charge 1 – Theft of motor car
10 In the early hours of 24 March 2017, a VW Golf registered number ZOA 291 was stolen from Hany Fam. On 25 March 2017, you either drove the car or were a passenger in the stolen VW Golf whilst it was used in the armed robbery offences in Charges 2, 3 and 4. The keys to the VW Golf were found at your house when you were arrested on 29 March 2017.
Charge 2 – Armed robbery on Collection Fine Jewellery Store at 148 Toorak Road, South Yarra
11 On Saturday, 25 March 2017 at approximately 3.00pm, five offenders, including you and your co-offender, Abdilqdir, were travelling in the stolen VW Golf. You were seated in the rear. You were all wearing dark clothing and gloves.
12 You travelled around the block near the Collection Fine Jewellery Store. The five of you were surveilling your target for your armed robbery.
13 You and your co-offenders double parked next to a vehicle outside the jewellery store.
14 Four of the offenders, including you and Abdilqdir, got out of the vehicle and ran towards the entrance. The driver remained in the car with the engine running. All now had balaclavas or masks covering their faces, in addition to their dark clothing and gloves.
15 One offender was armed with a baseball bat, you had a hammer and a bag, Abdilqdir had a bag, and the fourth offender had an object and a bag.
16 You ran ahead and used the hammer to smash the glass door to the store. It took a number of strikes to be able to break it. While you did so, the other offenders crowded behind you.
17 The offenders entered the store at 3.05pm. The offender armed with the baseball bat immediately began smashing glass display cases. You used your hammer to do the same. Along with Abdilqdir and the fourth offender, you grabbed items of jewellery and placed them in a bag.
18 An employee, Jane Bulmer, and the owner of the store, were in the rear section of the store.
19 The owner, Ron Gregor, was in the office when he heard the offenders. He sprinted to the main shop area, quickly hitting a duress alarm. He grabbed a baseball bat and swung at the offender also armed with a baseball bat, connecting with his back.
20 The offender yelled something in a foreign language, and all four sprinted from the store with the jewellery they had taken. They left behind the baseball bat and hammer. Gregor gave chase but tripped at the door and injured his hand.
21 In total, the offenders were inside the store for approximately 8 seconds, and took $5,000 worth of jewellery.
Charge 3 – Armed robbery on post office at 49 Holt Street, Ardeer
22 On 25 March, 2017, at approximately 4.50pm, four of the offenders, including you and Abdilqdir, travelled in the stolen VW Golf to a post office located at 49 Holt Street, Ardeer. They parked the vehicle outside the store. Three of them, including you and Abdilqdir, left the car and entered the store. They were wearing the same clothing as in Charge 2. The driver again remained in the vehicle.
23 Each offender carried a bag, while Abdilqdir was also armed with a hatchet and the other co-offender was armed with a machete. Upon entering, they headed towards the back of the store and climbed over the counter.
24 The victims of the offending, Anowara Khatun and Munirul Khondker, were in their house annexed to the back of the store. Khondker observed the offenders enter the shop on his CCTV monitor. He quickly closed the internal door to the shop and leaned against it
25 The offenders began banging and hitting the door, trying to get in. They yelled “Give me the cash and cigarettes”.
26 Khatun heard her husband screaming for help, and yelling back “There’s no money inside, don’t come inside!”. Khatun was also screaming for help.
27 Khondker yelled at them that the cash was in the cash draw. The offenders took the cash and left.
28 When they got into the vehicle, the driver took off at a fast speed. Khatun ran across the road and sought help from a neighbour, and emergency services subsequently attended the location.
29 In total, the offenders were inside the store for a little over a minute. They took $8,000 cash from the post office takings, $800 cash from the shop’s register, and 35 cartons of cigarettes valued at $7,000 (total value $15,800).
30 This was your local post office.
Charge 4 – Armed robbery on the milk bar in St Albans
31 On 25 March 2017 (this is your third armed robbery in three hours), at approximately 6.15pm, the offenders travelled in the stolen VW Golf to a milk bar in St Albans. They entered the store wearing the same clothing they wore during the earlier armed robberies.
32 You entered first, carrying a dark bag. You were followed by Abdilqdir armed with a hatchet, and the other co-offender armed with a machete.
33 You and your co-offenders immediately confronted the attendant, Xiaowu Lu, behind the counter. The co-offenders brandished their weapons towards Lu, while you began taking cash.
34 Abdilqdir used the hatchet to destroy a CCTV camera, while the other co-offender began removing packets of cigarettes.
35 While you were taking the cash, the co-offender with the machete struck Lu to the face with his fist. He then conducted a ‘pat-down’ search of Lu and removed $3,000 from Lu’s pocket.
36 Abdilqdir approached Lu and threatened him with the hatchet, striking it down on the counter and raising it above Lu and towards his neck. You and the other co-offender continued to remove items.
37 A short time later, the co-offender with the machete again struck Lu to the face with his fist. At the same time, you were reaching over Lu to remove cigarette packets.
38 Lu attempted to leave the area, before you pushed him back towards them. You then struck Lu to the face with your fist.
39 The co-offender with the machete briefly left the store to take a bag of items to the vehicle. Meanwhile, you and Abdilqdir continued to approach Lu and take cigarette packets. Abdilqdir again raised the hatchet above Lu in a threatening manner. He motioned to strike him with his fist.
40 The co-offender with the machete returned to the store to remove further items. All three eventually left, taking the items with them. As they left, the co-offender with the machete again struck Lu to the head with his fist.
41 In total, the offenders were in the store for nearly 3 minutes. They took $3,000 cash from Lu, his mobile telephone, a laptop, $500 cash from the register, and an unknown quantity of cigarette packets. The machete was left behind at the store.
42 The armed robbery charges were captured on CCTV of each of the premises. An edited extract of the CCTV footage was exhibit B on the plea. The footage shows how frightening and dangerous each of these offences were for your victims.
43 You were first into each of the premises. Except for the jewellery shop offence, you carried a bag and loaded the property, cash, jewellery or cigarettes into the bag. You were the “muscle” for the raiding party of four offenders. At the jewellery store, you were armed with a hammer. You lost it in your first offence and thereafter, were not armed. Your co-offenders were armed with weapons on each occasion.
Related Summary Charge 2 – Fail to answer bail
44 On Friday, 28 October 2016, you were arrested in relation to being in possession of a stolen mobile telephone and bailed to appear for that offending at the Melbourne Children’s Court on 7 March 2017.
45 On Tuesday, 7 March 2017, you failed to appear in answer to your signed undertaking of bail.
Related Summary Charge 8 – Fail to stop
46 At 2.34am on Sunday, 26 March 2017, police observed the stolen VW Golf at the Sunshine Train Station.
47 There were three occupants inside the vehicle, while you and another person stood outside. As police approached, they both got into the vehicle, with you entering the driver’s seat. You reversed the vehicle a couple of metres and remained stationery.
48 As police approached the front of the vehicle in a marked police car, you took off at a fast rate, narrowly missing the police car.
49 A police pursuit ensued, during which police observed estimated speeds of the VW Golf of 90 kilometres per hour in a 50-kilometre per hour zone, and 110 kilometres per hour in a 60-kilometre per hour zone. Eventually they lost sight of the vehicle and terminated the pursuit.
50 The vehicle was later found dumped on Hemsley Drive in Deer Park. Inside the vehicle, police found items used in the armed robberies, along with the laptop and mobile telephone stolen in the armed robbery at the St Albans milk bar.
51 In the course of the plea hearing, video film was shown of the commencement of the car chase in the Sunshine Train Station car park. It was fortunate that no innocent person was injured or killed in this episode of offending.
52 On 29 March 2017, the police executed a search warrant on your family home. You were arrested. You were found in possession of the keys to the VW Golf vehicle. You exercised your right to make a “no comment” record of interview.
53 After your record of interview, you had a bit to say in the holding cells of the police station. Some of what you had to say would be properly described as bragging and bravado. It also confirmed your naïvety and low mental functioning, which I will return to later in these reasons.
54 Your conversations with a police undercover operative included the following:
(a) You indicated why you had been arrested, stating you did not know how police found out it was you;
(b) You asked if the operative knew “the Apex gang”, stating you were part of it. You said you only do “jobs” with friends because you trust them, that the Apex gang has different levels and you are in the top level;
(c) You confirmed you received enough money in relation to the armed robbery;
(d) You said your brother notified you of police presence at your house, and you gave your brother money and watches stolen from the jewellery store;
(e) You explained that the armed robbery took place at the Toorak jewellery store and was on television;
(f) You were not sure if a future armed robbery was still going ahead, and you awaited a call;
(g) You named your co-offenders as “Mohamed”, “Koun” and “Sabona”, and told the operative that when they went to the jewellery store, you were the driver;
(h) You admitted you injured yourself when you smashed the glass door with a hammer;
(i) You said Mohamed had been armed with a baseball bat, Koun with a handgun, and you could not recall what Sabona had. You confirmed it was a real handgun;
(j) You still had three Fossil watches and a chain at your house. You handed all other jewellery to Koun, who in turn delivered it to “Lebanese boys”;
(k) You drove to the western suburbs where you robbed a milk bar, stealing 300 cigarette packets and $2,600 from the register. You met with the Lebanese boys to give them the items from the jewellery store. You said you still had more than 300 cigarette packets;
(l) You were supposed to be paid $5,000 on 29 March 2017 for your involvement in the armed robbery at the jewellery store;
(m) You explained that the Lebanese boys attend at a store a few days prior to a robbery dressed up in suits, and check the locations of cameras, safes, and jewellery. Afterwards, they call Koun, and Koun calls you;
(n) You provided the operative with your mobile number and an address where all the ‘Apex boys’ meet. You told the operative to tell them that ‘Deng’ advised him to attend;
(o) You said you did not have a gun at the moment because you gave it away, but that they are very easy to get because they are very cheap; and
(p) You referred to the stolen VW Golf and your involvement in a “massive police chase” involving a helicopter. You lost them because you drove really fast.
55 The Prosecution accept there is no independent evidence to support the proposition you are a member of the Apex gang. You were operating on the instructions of unknown criminals who set up the crimes and get “muscle” like you to carry out the offences.
56 It was submitted on your behalf that you had ingested methamphetamine prior to committing these offences. I note in the report prepared by Gene Bell from Youth Justice that you told him that you had used “ice” on one occasion when you were seventeen years old and not since that occasion. Whether you were under the influence of ice or not, your offending was outrageous and frightening.
57 These three armed robberies on the one day in the space of approximately a three-hour period, are serious criminal offending.
Victim Impact Statements
58 There was one Victim Impact Statement filed in this matter. It was exhibit 3 on the plea. It was from the owner of the car that you were driving and travelling in the course of these offences. The car was the last of its model and a great loss to its owner because it was irreplaceable. Your victim used the car to make an income for his family as an Uber driver on the weekends. Your victim lost both the value of his car and the income he earned from using it. The circumstances of the taking of the car were set out in the Victim Impact Statement but this did not involve your offending and I have disregarded that part of the Victim Impact Statement.
Your personal circumstances
59 You were eighteen years old at the time of your offences. You are eighteen years old at the time of sentence for those offences. At the time of this offending, you were living in the family home with your mother and father and six siblings. You are the eldest child. Your father works at Yarra City Council. Your mother is engaged full time looking after the family and the family home.
60 You were born in Sudan. When you were three years old, your parents and twin brothers fled Sudan for the sanctuary of Egypt. You and your family spent three years in Egypt before immigrating to Australia on a humanitarian visa in 2004. You were six years old.
61 You attended Mother of God Primary School in Ardeer from preparatory to Grade 6. Due to your learning difficulties, you repeated Grade 5. A reference from that school by Mr Matthew Shawcross dated 11 October 2017 was exhibit 2 on the plea. Mr Shawcross attended the plea hearing and gave evidence on your behalf.
62 Mr Shawcross stated you come from a good law-abiding family. He gave evidence that you engaged in team sports – soccer and basketball – at school. You engaged in performing arts and were a lead actor. Mr Shawcross coached you in cricket at Sunshine Heights Cricket Club. You qualified for the Western Spirit, a pathway team for Cricket Victoria.
63 When you were in Grade 4, Mr Shawcross identified that you had learning difficulties which were not solely due to English being your second language. You were assigned an integration aid to assist you. You were frustrated by your learning difficulties. Mr Shawcross arranged for you to be assessed by Dr Daniella Kinder, psychologist.
64 Dr Daniella Kinder’s report dated 23 October 2009 was exhibit 3 on the plea. In that report, an earlier assessment by Ms Lauren Buchanan, speech pathologist, is referred to, and in early 2009, you were assessed as being in the Significantly Below Average range for Receptive and Expressive Language. Dr Kinder’s report sets out that after performing intellectual assessment tests, you were assessed on the General Ability Index as in the Extremely Low range.
65 You repeated Grade 5. After completing primary school, you attended Chisholm Catholic College. You were expelled after a series of disciplinary problems you had at that school. At the time of these offences, you were enrolled at Simonds Catholic College, doing the Year 12 VCAL course. Your attendance at school was sporadic.
66 In mid 2016, you commenced smoking cannabis. Your usage increased to an ounce per day. You had used cocaine and “ice” each on one previous occasion to these offences.
67 You have one previous court appearance. On 2 March 2017 at Sunshine Children’s Court, you were placed on a twelve-month Good Behaviour Bond for a charge of aggravated burglary (person present) and theft. It was only twenty-three days later, you went on the crime spree that brings you to this Court.
68 You have been assessed by Dr Karen Scally, a neuropsychologist, who prepared a report dated 15 October 2017. It was exhibit 4 on the plea.
69 Dr Scally administered a battery of neuropsychological and psychological tests to assess you. They are set out in her report. The assessment took two hours to complete.
70 Dr Scally found that you are experiencing extremely severe levels of anxiety and depressive symptoms and severe levels of stress. Dr Scally’s opinion is that you have borderline personality traits which include low self worth, inept and unstable self image and interpersonal submissiveness. In her opinion, a combination of reduced problem solving impulsivity and interpersonal submissiveness is more likely to make you more susceptible to the manipulation and influence of others.
71 Dr Scally has assessed your full scale IQ as 72 which is within the borderline range.
72 You have spent 208 days pre-sentence detention, mainly in Port Phillip Prison, Scarborough South Section. You are a unit billet. This is a challenging prison environment for you.
73 Mr Shawcross has been to visit you in prison. Your family visit you in prison. In his evidence, Mr Shawcross stated that you were sorry for your offending and realise the negative effect it has had on your victims and your family. He has known you a long time and believes your remorse is genuine and you want to change your life direction.
74 In Court, you were supported by your parents, uncle and aunty and clearly have solid family support. They want to help you and you need to respect their help.
75 I have had you assessed for a Youth Justice Centre Order and you have been assessed as suitable.
Sentencing considerations
76 The basic purpose for which a court may impose a sentence are just punishment, deterrence, both specific and general, rehabilitation and denunciation of your actions, and the protection of the community. In sentencing you, I must have regard to a range of factors such as the seriousness of your offending, your culpability for them, and your personal circumstances. I have regard to the victims of your offending,
77 I am also required to balance the interests of the community in denouncing your criminal conduct with the interests of the community in seeking to ensure, as far as possible, that you, as an offender, are rehabilitated and reintegrated into society.
78 I am also required to take into account current sentencing practices in fixing your sentence. That enquiry is directed, particularly, but not exclusively, to the kinds of sentences imposed in comparable cases and the statistics of those sentences at the time. I have considered the statistics and current sentencing practices, mindful that each case must be considered in the light of its own particular circumstance, and many of the cases would be distinguishable from your case, as indeed they are from one another.
79 You have pleaded guilty to these charges. Your plea of guilty was indicated at an early stage. Your plea does have the utilitarian value of allowing for the orderly and effective administration of justice. There is a certainty of outcome and a resolution of the substantive issues raised by your offending. Your plea allows for the preservation of the Court and police resources to deal with other matters. Your plea vindicates the public confidence in the legal process set up to protect the community.
80 Your plea is a clear acknowledgement by you that you accept your responsibility for your criminal behaviour on this occasion. Your plea also recognises you are willing to facilitate the course of justice in the community and I accept that your plea of guilty to these charges indicates and demonstrates some remorse on your behalf.
81 I accept the evidence of Mr Shawcross that your remorse is genuine.
82 At the time of offending, you were eighteen years old. You will soon turn nineteen. You are a young offender. It is a principle of sentencing law that when a young offender, such as yourself, is to be sentenced, the sentencing disposition should be tailored, taking into account all other sentencing considerations, to promote the offender's rehabilitation. This approach serves the interests of the individual offender and the community as a whole.
83 In the case of R vMills (1998) 4 VR 235, three propositions of sentencing were set out:
“i. Youth of an offender, particularly a first offender, should be a primary consideration for a sentencing court where that matter properly arises.
ii. In the case of a youthful offender rehabilitation is usually far more important than general deterrence. This is because punishment may in fact lead to further offending. Thus, for example, individualised treatment focussing on rehabilitation is to be preferred. (Rehabilitation benefits the community as well as the offender.)
iii. A youthful offender is not to be sent to an adult prison if such a disposition can be avoided, especially if he is beginning to appreciate the effect of his past criminality. The benchmark for what is serious as justifying adult imprisonment may be quite high in the case of a youthful offender; and, where the offender has not previously been incarcerated, a shorter period of imprisonment may be justified. (This proposition is a particular application of the general principle expressed in s5(4) of the Sentencing Act.).”
84 In more recent times, the Court of Appeal has made pronouncements on the consideration of youth in sentencing practices. In the case of R v Wyey [2009] VSCA 17, President Maxwell said as follows:
“[20] Mills constantly reminds sentencing courts, and this court on appeal, that there is great public benefit in the rehabilitation of an offender and in maximising the prospect that the offender will carry on a law-abiding life in the future. But that consideration is not unique to young offenders. Nor is there any one correct answer as to how the balance is to be struck between that consideration and others which may point towards a period, or a longer period, of imprisonment, rather than a non-custodial sentence. Thus understood, the later cases of DPP v Lawrence and R v Nguyen, are not to be viewed as ‘excluding the principles in Mills’, but simply as instances of how those principles are to be applied.
[21] As counsel properly conceded towards the end of his submissions, there is a role for general deterrence to play in relation to every class of case. In relation to certain classes of case, however, general deterrence may have a particularly important role to play. The present case is of that kind. Violence of this kind, in circumstances of this kind, is so prevalent, that general deterrence is seen to have particular importance. But, again, the role of general deterrence will vary with the circumstances of the case. … .”
85 These issues were recently considered again in Azzopardi v R [2011] VSCA 372, where Redlich JA, with whom Coghlan and Macaulay AJJAs agreed, and said as follows:
“[44] The general propositions which flow from these authorities is that where the degree of criminality of the offences requires the sentencing objectives of deterrence, denunciation, just punishment and protection of the community to become more prominent in the sentencing calculus, the weight to be attached to youth is correspondingly reduced. As the level of seriousness of the criminality increases there will be a corresponding reduction in the mitigating effects of the offender’s youth. But only in the circumstances of the gravest criminal offending and where there is no realistic prospect of rehabilitation may the mitigatory consideration of youth be viewed as all but extinguished.”
86 Your offending on these two days is serious criminal offending. The images on the CCTV footage of your offences are chilling and the violence is apparent.
87 Your first victim chased you out of his premises with a baseball bat.
88 Your second victim secured himself behind a solid door and you raided the premises.
89 Your third victim was subjected to physical violence: you punched him, in circumstances where he was standing in his shop paralysed by fear and offering no resistance to you or your co-offenders.
90 The maximum penalty for each of the armed robberies is twenty-five years’ imprisonment.
91 The dominant purpose of sentencing for armed robbery is general deterrence. Just punishment and condemnation of your offending are also sentencing considerations.
92 I take into account your IQ assessment in the borderline range and Major Depression as assessed in Dr Scally’s report. I accept the opinion of Dr Scally that you are a person who is more susceptible to manipulation and the influence of others. This has the effect of moderating the effect of general deterrence in your case.
93 Further, I accept that adult prison will, and has had, an adverse effect on your mental health as set out in Dr Scally’s report. Incarceration will weigh more heavily on you than offenders without your psychological deficits.
94 The Prosecutor properly conceded limbs 5 and 6 of Verdins’ case[1] had application to your case. I do not accept that these conditions, as set out in Dr Scally’s report, have the effect of reducing the moral culpability for your offending conduct.
[1]R v Verdins & Ors (2007) 16 VR 269
95 I assess your prospects of rehabilitation as fair. You have strong family support. None of your family members are known to the criminal justice system. Your family is a hardworking unit, adjusting to a new country after escaping their native land as refugees. They have visited you whilst in custody. They will welcome you home on release from detention.
96 You are young and your rehabilitation will be enhanced by a Youth Justice Centre Order. You will be afforded the opportunity of education and counselling to deal with your issues of anger and frustration with your personal situation. You have spent considerable time in adult prison. This causes concern about the influences of more seasoned criminals and how they have affected you.
97 Further, you will have to adjust to a more respectful custodial environment in a Youth Justice Centre, respect the people at Malmsbury and don’t be drawn in by other young offenders because you can easily be transferred back to adult prison.
98 I have received the Youth Justice Centre Report. It is favourable to you. Do not let them, yourself or your family down.
99 I have considered the submission by your Counsel to sentence you to a Community Correction Order. I have decided more intensive rehabilitation will take place at a Youth Justice Centre and that is the benefit for you and the community.
100 I have had regard to the principles of totality in the cumulation of sentences between the respective offences. Your offending was serious. The punishment requires a significant period of detention.
101 The Prosecutor agreed a Youth Justice Centre order was within the range for sentence in your case.
102 Would you stand please?
103 On Charge 1 of Theft, you are convicted and ordered to be detained in a Youth Justice Centre for a period of six (6) months.
104 On Charge 2 of armed robbery, you are convicted and ordered to be detained in a Youth Justice Centre for a period of (2) years.
105 On Charge 3 of armed robbery, you are convicted and ordered to be detained in a Youth Justice Centre for a period of two (2) years.
106 On Charge 4 of armed robbery, you are convicted and ordered to be detained in a Youth Justice Centre for a period of (2) years. This is the base sentence.
107 On Summary Charge 2 of fail to stop motor vehicle when directed to by a police officer, you are convicted and ordered to be detained in a Youth Justice Centre for a period of two (2) months.
108 On Summary Charge 8 of fail to answer bail, you are you are convicted and ordered to be detained in a Youth Justice Centre for a period of three (3) months.
Cumulation
109 I order that one (1) month of the sentence in Charge 1, four (4) months of the sentence in Charge 2, four (4) months of the sentence in Charge 3 and one (1) month of the sentence in Summary Charge 8 be served cumulatively on the sentence of two years’ detention in Charge 4.
110 This is a total effective sentence of two (2) years and ten (10) months’ imprisonment at a Youth Justice Centre.
111 I declare that you have served 208 days pre-sentence detention and that that will be deducted administratively from your sentence.
112 On Charge 1 on the Indictment and Summary Charge 2, all licenses are cancelled and you are disqualified from obtaining a licence or permit for a period of nine months from this date.
113 I have signed the Forfeiture Orders and Disposal Order sought by the Prosecution and consented to by your Counsel.
114 Pursuant to s6AAA of the Sentencing Act 1991, but for you plea of guilty, I would have imposed a sentence of five years’ imprisonment with a minimum of three years and nine months.
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