Director of Public Prosecutions v Bamblett

[2022] VCC 2338

IN THE COUNTY COURT OF VICTORIA

AT Melbourne

CRIMINAL DIVISION

Revised
Not Restricted
Suitable for Publication

CR-22-00780
CR-21-01721
CR-22-01570

DIRECTOR OF PUBLIC PROSECUTIONS

v

JAMES BAMBLETT

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JUDGE:	HIS HONOUR JUDGE CHETTLE
WHERE HELD:	Melbourne
DATE OF HEARING:	31 August 2022, 4 November 2022
DATE OF SENTENCE:	14 November 2022
CASE MAY BE CITED AS:	DPP v Bamblett
MEDIUM NEUTRAL CITATION:	[2022] VCC 2338

REASONS FOR SENTENCE
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Subject:CRIMINAL LAW SENTENCE

Catchwords:          Sentencing – aggravated burglary, theft, criminal damage, threat to inflict serious injury, prohibited person possess firearm, possess drug of dependence – plea of guilty

Legislation Cited:         -

Cases Cited:-

Sentence:  Imprisonment, on indictment L11834383.2, indictment M12096809.1 and indictment M12095809.A, Total effective sentence 8 years and 9 months, non- parole period of 5 years and 9 months. Total fines of $500, Forfeiture and Disposal orders.

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms M. Zammit	Ms M. Struthers Office of Public Prosecutions
For the Accused	Mr T. Fitzpatrick	Mr I. Michaelson Ian Michaelson Solicitors

HIS HONOUR:

1James Bamblett, you have pleaded guilty to three separate indictments.  On the first, L11834383.2, you have pleaded guilty to two charges of aggravated burglary, three charges of theft, one charge of criminal damage, one charge of threat to inflict serious injury, one charge of prohibited person possessing a firearm and one charge of possessing a drug of dependence.

2The facts of that offending are set out in Exhibit A, the summary of prosecution opening for that indictment.

3Your counsel confirmed that I could treat each of the prosecution openings as an agreed statement of fact and I incorporate both openings into these reasons for sentence and sentence you on the basis of the facts set out therein.  Briefly stated, at 2.15 am on 10 July 2021, you and an unknown accused - co-accused attended at a property at 70 Ross Road Coomboona, north of Shepparton.

4You threatened Ashley Riccardo with a tyre lever whilst your associate produced a hammer.  You forced Riccardo into his bungalow and stole his mobile phone, $500 cash and various keys from the premises.  You were trying to locate Riccardo's housemate Shane Robson.  The victim was told not to call police.  You smashed Riccardo's mobile phone as you left. 

5Your victim identified you from a Facebook profile and he sent you a message asking for his $500 back.  At 1.40 am on 21 July 2021, you and two other men returned to Riccardo's property.  He awoke to find a man in his room and two others in the kitchen and the lounge room area.  He was hit a couple of times to the head.  He ran from the bungalow but you and another man caught up with him 50 metres away.  You showed him a grey-silver handgun and forced him back inside.  He was bleeding from the head.

6His wallet and his new mobile phone were stolen.  You took keys to his motorbike, pointed your gun in his face, and threated to shoot him.  You and your associates left, you stealing his 450CC motorcycle.

7You were a prohibited person pursuant to the Firearms Act at the time you possessed and used the firearm to threaten Riccardo.  You were also disqualified from driving a motor vehicle.  A friend drove Riccardo to hospital, another friend drove him home and that friend reported what had occurred to the police.  Riccardo made a statement identifying you as one of the offenders.

8On 31 July 2020, you were observed by police riding Riccardo's stolen motorcycle in the Mooroopna, Shepparton, and Kialla areas.  You were arrested at 4.25 pm.  When interviewed you made denials or 'no comment' responses.

9In your backpack, police located a small amount of methylamphetamine and it is common ground that it was a small quantity for your personal use.

10The second indictment the number M12096809.1, you pleaded guilty to one charge of attempting to pervert the course of justice.  The facts of your offending are set out in Exhibit B, the second prosecution opening and as I said I incorporated into these reasons for sentence.

11Between 11 August and 20 August of last year, you and an associate Jarron Dixon prevailed upon Ashley Riccardo to withdraw his statement to police.  You forced him to provide a false statutory declaration and threatened him with violence unless he withdrew his police statement.  Subsequent to your aggravated burglary offences, Riccardo was incarcerated at Marngoneet Prison.  You had been charged with the offending I outlined for the previous indictment.

12

On 11 August 2021, Riccardo gave evidence at a committal hearing in respect of those matters at the Shepparton Court.  You contacted Molly Joyce and

Jarron Dixon providing Riccardo's name.  Dixon was also incarcerated at the time at Marngoneet.  The various tape-recorded conversations between you, Joyce and Dixon are set out in Exhibit B.  Dixon approached Riccardo in prison and told him he was your mate, that unless he retracted his statement against you, he would be hurt.  He was told he would be stabbed in gaol or if not got in prison, he would be gotten when he got out.  He was told to prepare a statutory declaration and what to put in it. 

13Riccardo agreed to the demands and Dixon reported to you by telephone.  Riccardo obtained a statutory declaration from the prison front desk, he later told Dixon that he would sign the declaration provided you ceased threatening him and his partner.  Dixon passed this onto you via telephone.

14On 20 August, Dixon and another prisoner approached Riccardo.  He was punched in the head; he then completed the declaration before a prison officer on the front desk.  Prisoner officers later spoke to him and he told them that he had been threatened to make the declaration.  The police were informed and the prison telephone call recordings were obtained.

15You were arrested on 5 October 2021 in the company of Molly Joyce.  Again, a small quantity of methamphetamine was seized on the kitchen bench.  This small quantity of drugs is the basis of the third indictment M12096809.A, possession of a drug of dependence.  When interviewed by police you lied about your interactions with Riccardo, Dixon and Joyce.

16You pleaded guilty to all three indictments after a preliminary hearing was held at the Shepparton County Court, with Jarron Dixon called as a witness.  He has pleaded guilty to the attempting to pervert the course of justice and will be sentenced by me in February next year.  In addition, you pleaded guilty to two related summary offences, assault in company relating to the joint assault on Riccardo on 21 July and drive whilst disqualified, relating to you riding the stolen motorcycle on 31 July.

17You have admitted a prior criminal history.  Most of your prior offending relates to motor vehicle offences, however you do have relevant prior criminal history.  In May 2015, you received a good behaviour bond for two offences of assault in company.  In July 2016, you received another bond for theft.  In January 2017, you were sentenced to a community-based order for offending that included making a threat to kill and weapons offences.

18In 2020, you have numerous motor vehicle offences.  Commit indictable offending whilst on bail, possess controlled weapon offences, possess an unregistered handgun and a prohibited person possessing firearm offences.  For the firearm offences you were sentenced to a hundred- and sixty-days’ imprisonment.

19You were similarly sentenced for theft of a motor vehicle.  You have 13 prior convictions for driving whilst disqualified.  You were sentenced to 90 days' imprisonment for your last group of drive while disqualified offending.

20Turning now to your personal circumstances. 

21You are now 27 years of age being born in Shepparton on 14 June 1995.  You grew up in Collingwood, Reservoir, Shepparton and Echuca.  Your mother had three children and your father 19.  Your parents separated when you were three.  Your contact with your father thereafter revolved around your mutual drug use.

22

Your education was disrupted as you moved around Victoria.  You attended

11 different schools until you left school in Year 9.  Domestic violence was a normal part of your young life.  You are a Koori man, part of the Yorta -Yorta Tribe and the Pangerang Tribe.

23Since leaving school you have rarely worked, although you did complete some TAFE courses in construction and machinery use.  You did some casual work, fruit picking, and with an irrigation company.  You have not worked for five years.

24You abused drugs throughout your teens and have had a daily methylamphetamine use habit when you were arrested for these offences.  You have two significant relationships.  You met the mother of your two children when you were 16 and that relationship endured for eight years.  You had a five-year-old son and a three-year-old daughter.  You had regular contact with them when you were out of custody.  Ms Lechner is of the view that you present with symptoms of complex PTSD and with a stimulant disorder.  You have an adjustment disorder with depression.  Your social, emotional and vocational development have been undermined by violence, neglect and drug use.  You struggle to break the family cycle of recidivism.  It takes the contents of Ms Lechner's report into account in sentencing you.

25Your counsel relied upon a number of matters in mitigation of your offending.  He pointed firstly to your disrupted home life and childhood.  It is accepted by the prosecution that you significantly deprived background is a factor in mitigation. 

26Your pleas of guilty have significant utilitarian value.  You have saved the community the time and expense of at least two criminal trials, those pleas of guilty have even greater value because of the effect COVID-19 has had upon our legal system.  You are entitled to and will receive a substantial reduction to the sentence I would otherwise impose to reflect those pleas of guilty.

27I take into account the effect that COVID-19 has had and will continue to have upon your time in custody.  You have experienced numerous lockdowns and will do so in the future.  Visits are disrupted and courses and programs significantly reduced or not available.

28Your complex mental health issues will make custody more onerous for you that it would for someone without your issues.  Your depression is likely to be exacerbated by your time in custody.

29Your prospects for rehabilitation are guarded.  Although you express the desire to change your ways, Ms Lechner reports that you lack the skills and social support network to do so.  Clearly, you need to cease illicit drug use if you are to have a proper future with your children.  Your prior criminal history does not provide confidence as to your future.

30Your offending was significant and serious.  Your aggravated burglary offences were both serious examples of that offence.  On both occasions you were in company, weapons were employed and entry occurred in the early hours of the morning.  Violence was employed and property stolen and damaged.  Your second aggravated burglary was the more serious offence because of the use of a gun and the infliction of actual violence.

31Thereafter you involved yourself in a serious attempt to pervert the course of justice.  You sought to escape justice by forcing your victim to falsely exonerate you.  You carried and used a handgun to threaten your victim.  It's significant that less than five months beforehand you had been imprisoned for possessing firearms as a prohibited person.

32Clearly, general deterrence and specific deterrence, denunciation of your conduct and just punishment are the principle sentencing factors applicable to you.  I have however, given full weight to the factors urged in mitigation by your counsel.  Can you stand up please?

33On all charges you are convicted.

34In respect of indictment L11834383.2, on Charge 1, aggravated burglary, you are sentenced to be imprisoned for three years.

35On Charge 2, theft, imprisonment for six months.

36On Charge 3, criminal damage imprisonment for six months.

37On Charge 4, aggravated burglary, you are sentenced to four years' imprisonment.

38On Charge 5, theft, you are sentenced to be imprisoned for six months.

39On Charge 6, threat to inflict serious injury you are sentenced to be imprisoned for 12 months.

40On Charge 7, theft, you are sentenced to be imprisoned for six months.

41And on Charge 8, prohibited person possessing a firearm, you are sentenced to be imprisoned for two years.

42On Charge 9, the charge of possessing of a drug of dependence, you are fined $250.

43

Having regard to principles of totality and cumulation I order that 18 months of the sentence imposed on Charge 1, three months of the sentence imposed on

Charge 6 and 12 months of the sentence imposed on Charge 8, be served cumulatively on the sentence imposed on Charge 4, which I declare to be the base sentence.  That is an effective term of imprisonment of six years and nine months in respect of that indictment.

44In respect of the two related summary offences, on Charge 10, assault in company, you are sentenced to be imprisoned for a month.  And on Charge 6, driving whilst disqualified, you are sentenced to be imprisoned for two months.  The sentences on those two charges are to be served concurrently with each other and with the sentences imposed on indictment L11834383.2.

45In respect of indictment M12096809.1 on the one charge of attempting to pervert the course of justice, you are sentenced to be imprisoned for three years.

46I order that two years of that sentence be served cumulatively upon the sentence imposed on indictment L11834383.2.

47In respect of indictment M12095809.A, your one charge of possession of a drug of dependence you are convicted and fined $250.

48That's an effective total sentence of eight years and nine months and I order that you serve five years and nine months of that sentence before being eligible for parole.

49I make the forfeiture and disposal orders sought by the prosecution.  And I declare that 616 days of the sentence I have imposed as already been served by way of pre-sentence detention.

50Pursuant to s6AAA of the Sentencing Act, I declare that but for your pleas of guilty I would have imposed a head sentence of 12 years with a non-parole period of eight. Are there any other matters required?

51MS ZAMMIT:  Nothing further Your Honour.

52HIS HONOUR:  Everything covered Mr Fitzpatrick?

53MR FITZPATRICK:  Yes, Your Honour.

54HIS HONOUR:  All right, would you move Mr Bamblett please, and I'll stand down until 10.30.

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