Director of Public Prosecutions v Barlow

[2024] VCC 1667

IN THE COUNTY COURT OF VICTORIA

AT MELBOURNE

CRIMINAL DIVISION

Revised
Not Restricted
Suitable for Publication

Case No. CR-22-01455

THE DIRECTOR OF PUBLIC PROSECUTIONS	Prosecution
v
REBECCA BARLOW	Defence

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JUDGE:	HIS HONOUR JUDGE CAHILL
WHERE HELD:	Melbourne
DATE OF HEARING:	24 July 2024; 17 October 2024
DATE OF SENTENCE:	23 October 2024
CASE MAY BE CITED AS:	DPP v Barlow
MEDIUM NEUTRAL CITATION:	[2024] VCC 1667

SENTENCE
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Subject:Theft of firearm

Catchwords:              Early Guilty plea – limited criminal record – low range offending – remorse – depression and anxiety

Legislation Cited:     Sentencing Act1991 (Vic)

Sentence:                  302 days imprisonment and an 18-month CCO.

APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr R Casey	Office of Public Prosecutions
For the Defence	Ms E Murphy	Law and Advocacy Centre for Women

HIS HONOUR:

1Rebecca Barlow, you have pleaded guilty to one charge of theft of a firearm.

2The maximum penalty for the firearm theft offence is 15 years imprisonment.

Circumstances of offending [1]

[1] Summary of Prosecution Opening (Exhibit A). They are agreed facts.

3Your offending occurred on 7 March 2022 at Moorooduc.

4At the time, you, with your partner, and your son, were living with your stepfather at his home.

5Your stepfather was the registered owner of three firearms:

(a)   A Winchester 12 gauge shot gun;

(b)   a Webster Andrew single barrel shot gun; and

(c)   a Winchester rifle,

which he kept in a safe at his home.

6He had a second safe where he kept cash.

7On 7 March 2022, he discovered the firearms were missing and, next day, made a report to police.

8Three days later, when police interviewed you, you admitted you took the firearms.

9You said you went to the safe, which contained cash, looking for money. You said it was locked and, when you saw the safe containing the firearms was unlocked, you took them.

10You said you took the firearms to an associate who agreed to pay you $5000 for them. You gave police his name and address. You said you had not been paid the money.

11You were charged with various offences and remanded in custody.

12On 27 May 2022, you were admitted to bail.

13On 14 June 2022, you were arrested, and your bail was revoked.

14Before committal mention, you indicated you would plead guilty to the charge now before the court.

15At the committal mention, on 12 August 2022, you entered your guilty plea.

16On 15 December 2022, you were admitted to bail again.

17On 31 July 2023, your bail was revoked.

18On 17 June 2024, you were arrested again.

19On 24 July 2024, when you appeared before me for plea hearing, I deferred sentence and released you on bail.

20You have accumulated 302 days presentence detention.

Criminal record

21You have admitted a limited criminal record.

22In 2011, you were fined $750 for drug possession and a bail offence.

23In 2016, you were fined $1000 for two counts of theft, and unlicensed driving, and released on an undertaking, without conviction, for recklessly cause injury, assault with a weapon and fail to answer bail.  

24Your index offending is a major escalation in criminality.

Personal circumstances

25You were born in December 1977. You were 44 years old when you offended. You are now 46.

26Your personal circumstances are set out in the psychological report [2] of Sandra Cokorilo, who assessed you on 10 July 2024.

[2] Report of Sandra Cokorilo dated 16 July 2024 (Exhibit 2).

27Your parents separated when you were six years old. You remained with your mother who soon re-partnered. You have not seen your father since.

28You had a close relationship with your mother and your stepfather. After you completed year 11, you lost interest in school and did not return for year 12.

29When you were 20 years old, you left home to do an agricultural science course, which you successfully completed.

30You worked on stud farms and a sheep station. And, at times, you worked at your stepfather’s chicken farm.

31You have a 12-year-old son. You met your son’s father when you were 30 years old. He was a drug dealer. During a five-year relationship, you used drugs with him. He was physically abusive. The relationship ended when police removed him after he assaulted you.

32Around that time, you were diagnosed with depression and treated with antidepressants.

33You were drug abstinent for the next six years.

34Around 2020, you met another man and relapsed into drug use with him. During your relationship with him you committed this crime. That relationship ended when you were arrested in June 2022.

35You told Ms Cokorilo you stole your stepfather’s firearms to get money for drugs and living expenses.

36You said drugs “turned [you] into a monster” and you understand you would have broken your stepfather’s heart when you stole from him. You are ashamed that you did.

37You presented to Ms Cokorilo with depression and anxiety. She diagnosed you with generalised anxiety disorder, persistent and major depressive disorder and substance use disorders.

38In her opinion, there is a risk prison will be harder for you than someone without your conditions.

39She believes all your disorders are amenable to treatment.

40I accept these opinions, which were unchallenged.

41In prison, in 2022, you completed a six-month AOD program. [3] You provided “clean” urine samples from August to December 2022. [4]

[3] Letter from Sandra Kahan dated 25 November 2022 (Exhibit 5).

[4] Urinalysis test results (Exhibit 7).

42You also completed several behavioural programs. [5]

[5] Bundle of Prison Certificates (Exhibit 6).

43During your last remand, you worked as a billet.

44When you came before me, on 22 August 2024, you had arranged, through a restart caseworker, to receive support to transition into the community. [6]

[6] Letter of Samantha Barnes at Australian Community Support Organisation dated 16 July 2024 (Exhibit 3).

45The lLw and Advocacy Centre for Women were assisting you to obtain continuing drug counselling and mental health treatment plan. [7]

[7] Letter from Lisa Chamouras, Law and Advocacy Centre for Women (Exhibit 4).

46Your stepfather attended court to support you. He told me he would have you home to live with him; he was caring for your son, who attends a local school, in your absence.

47In the end, I deferred sentence and released you to give you the chance to advance your rehabilitation in the community

48On 17 October 2024, you appeared at court to answer your bail.

49Your counsel, Ms Murphy, told me you had struggled to readjust to life outside prison and had made only limited progress to address your drug and mental health issues.

50You told Ms Murphy there were difficulties in the relationship with your stepfather and you were living with a friend at a Bayside address.

51Importantly, you have not reoffended.

52Ms Murphy submitted, considering:

(a)   your cooperation with police when you were arrested;

(b)   your early guilty plea;

(c)   your remorse;

(d)   you limited criminal history; and

(e)   your poor mental health,

I should impose a composite sentence, which does not require you to spend further time in prison and is structured to address your drug and mental health problems.

53I accept the force of that submission. [8]

[8] In commendably fair submissions, Mr Casey, who appeared for the prosecution, submitted such a sentence is open.

Consideration

54Because of their potential for deadly harm, firearms offences, of any type, are serious.

55However, your crime was opportunistic and unsophisticated.

56While the firearms have not been recovered, I assess the objective gravity of your offending to be low end.

57I have concluded, considering your remorse, your limited criminal history, the opportunistic nature of your offending, and your community support, your prospects of rehabilitation are good, provided you address your drug and mental health problems.

58I have had you assessed for a community correction order and you have been found suitable.

59I am satisfied, in your case, a sentence of imprisonment, no longer than the time you have already served, combined with a community correction order can achieve all sentencing objectives. [9]

[9] In reaching this conclusion I have taken into account the requirement to impose a sentence which is no more severe than necessary.

60Ms Barlow, by the sentence I impose I must denounce your conduct, punish you and deter you and others from committing crimes of the same or similar kind. I must also look to your rehabilitation.

61Considering the circumstances of your offending, your personal circumstances and antecedents, and endeavouring to produce a sentence which reflects and promotes the purposes of sentencing in a manner appropriate to you, on the charge of theft of a firearm, which is a rolled up count, I sentence you to a term of imprisonment of 302 days together with an 18 month community correction order.

62In addition to the core conditions, which importantly included a condition that you not reoffended within the period of the community correction order, I impose the following special conditions:

(a)   supervision;

(b)   drug rehabilitation and treatment; and

(c)   mental health rehabilitation and treatment.

63You have 302 days of presentence detention available to you. I declare you have served the custodial component of your sentence, that is 302 days, by way of presentence detention.

64While there is some artificiality in the process, I declare, under section 6AAA of the Sentencing Act1991 (Vic), but for your plea of guilty, I would have imposed a total effective sentence of 21 months imprisonment and fixed a non-parole period of 15 months.

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