Director of Public Prosecutions v Begg
[2019] VCC 337
•20 March 2019
| IN THE COUNTY COURT OF VICTORIA | Revised Not Restricted Suitable for Publication |
AT MELBOURNE
CRIMINAL JURISDICTIONCR 18-00372
CR-18-00373
CR-18-00374
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| JAMES BEGG ANTHONY CLARIDGE DAMIEN HOBBY |
---
| JUDGE: | HER HONOUR JUDGE RIDDELL |
| WHERE HELD: | Melbourne |
| DATE OF HEARING: | |
| DATE OF SENTENCE: | 20 March 2019 |
| CASE MAY BE CITED AS: | DPP v Begg |
| MEDIUM NEUTRAL CITATION: | [2019] VCC 337 |
REASONS FOR SENTENCE
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APPEARANCES: | Counsel | Solicitors |
| For the Director of Public Prosecutions | Mr C. McConaghy with Ms V. Mellios | |
| For Accused Begg | Mr R. O'Neill | |
| For Accused Claridge | Mr R. Backwell | |
| For Accused Hobby | Mr H. Rattray |
HER HONOUR:
1Anthony Claridge, Damien Hobby and James Begg, you have pleaded guilty to a number of offences of aggravated burglary, assault and causing injury, theft, deception and associated dishonesty offences relating to three incidents which occurred in July 2017.
2The primary victim in each of these incidents was 40 year old Shane Ashwood. His three children, aged 13, 12 and ten were also victims during the first incident. The offences occurred at Shane Ashwood's home in Keysborough where he and the child victims were resident.
3Mr Ashwood was known to you, Mr Hobby, for some time. You had had a disagreement shortly before these incidents. The first incident occurred on
3 July 2017 and involved Mr Claridge and Mr Hobby, as well as a third unknown male co-offender. Mr Ashwood and the child victims were at home at the time.4The second incident occurred on 21 July 2017 and involved Mr Claridge, and Mr Begg, as well as a third unknown male co-offender. Mr Ashwood was home alone. The third incident occurred on 2 August 2017 and involved Mr Hobby, and an unknown co-offender. Mr Ashwood, his sister, Sheona, and two others were present during that incident.
Incident one involving Mr Claridge and Mr Hobby.
5On Monday 3 July 2017 at approximately 7.10 pm Shane Ashwood and the child victims were present at their home. Mr Claridge and Mr Hobby and an unknown male co-offender arrived at the front door of the premises and began to knock and kick at the door.[1]
[1] Claridge Summary Charge 26; Hobby Summary Charge 12
6Mr Hobby, you kicked the front door in an attempt to force it open. You also concealed an object within your jacket. The unknown male co-offender walked from the front to the eastern side of the premises. Mr Claridge, you banged on the front door and walked around the apron of the front entry area of the premises.
7As you walked around outside the lounge room window you pulled a homemade firearm from the back of your person and concealed it beneath your clothing. [2] You both remained at the front door kicking and yelling out to Mr Ashwood to come outside. Ashwood and the child victims remained inside the home. They were terrified and screamed for you to leave.[3]
[2] Claridge Charge 4 – Prohibited person in possession of firearm
[3] Claridge Charges 1 and 2; Hobby Charges 1 and 2
8During this period one of you broke a lounge room window.[4] The unknown male co-offender made his way around to the rear of the premises and entered the house into the kitchen via an unlocked rear door. The child victim saw him inside the kitchen and hallway of the premises. He did not speak to them and left immediately thereafter. You all then left the premises.
[4] Claridge Charge 3; Hobby Charge 3
Incident two involving Mr Claridge and Mr Begg.
9On Friday 21 July 2017 between 3.20 am and 3.40 am Mr Claridge and Mr Begg and an unknown co-offender went to the Keysborough premises. Mr Claridge, you and the unknown male co-offender forced entry by kicking in the rear door. One of you was armed with a sawn off rifle. This was known to Mr Begg who remained outside the premises.[5]
[5] Claridge Charge 5; Begg Charge 1
10Mr Ashwood was alone and in the kitchen. He was confronted by you,
Mr Claridge, and the unknown male co-offender. One of you pointed the sawn off rifle at him. He retreated to his lounge room as a shot was fired from the firearm. The shot impacted on a wall which separates the kitchen from the lounge room.[6] Mr Ashwood is unable to identify which of you used the firearm. Obviously you were both complicit.[6] Claridge Charge 6
11Mr Ashwood fled from you managing to run from the house and seek refuge in a neighbour's front yard. Once he had left the house, Mr Claridge and Mr Begg, you stole his wallet containing $2500 cash, three Apple iPhones, a Samsung mobile phone and an NAB debit card in the name of Cathy Ashwood.[7]
[7] Claridge Charges 7 and 8; Begg Charges 3 and 4
12Later that morning you both went to the Commonwealth Bank ATM in Beaconsfield where you then used the NAB card belonging Ms Ashwood to withdraw $1000.[8] Mr Claridge, you then used the card to attempt to withdraw money a further six times.[9] Your attempts were unsuccessful. You both then left the shopping complex.
[8] Claridge Charge 9; Begg Charge 5
[9] Claridge Charge 0; Begg Charge 6
13You both then went to the home of an Anca Maria Tiglar. This was the first time Ms Tiglar had met you, Mr Begg. You all then went to your house, Mr Begg, in Cranbourne. At the house you, Mr Begg, produced a number of Apple iPhones and a Samsung phone, all the products of the burglary. You asked Ms Tiglar to try and unlock the phones.
14She kept the Samsung phone as you were insistent that she continue to try to unlock it. While at her house Ms Tiglar saw a gun on a black leather couch. She recalled it being 45 centimetres long with a wooden handle and having to be bent in order to load it.
15Later that day Ms Tiglar was in contact with Mr Ashwood who she had known for a number of months. He told her about being robbed. Ms Tiglar told Mr Ashwood about her meeting with both you, Mr Claridge and Mr Begg.
Mr Ashwood and his sister went to Ms Tiglar's house where he identified the Samsung phone as being his, but was apparently unable to unlock it.Incident three involving Mr Hobby and the unknown co-offender.
16On Thursday 27 July 2017 at 4 pm Mr Ashwood was at home with his sister, Sheona Ashwood. Also present was a female known to Shane Ashwood as Emily and a male known as Jay. All four were seated in the kitchen area.
17Shortly after 4 pm you, Mr Hobby, and an unknown male co-offender entered the premises by forcing open the front door.[10] You then proceeded to the kitchen. Mr Ashwood recognised you, Mr Hobby, but not the other person.
[10] Hobby Charge 11
18Mr Ashwood backed away trying to get into the lounge room when he was assaulted by both of you. He was kicked, punched and hit with an iron pole to his head, arms, back and torso. While he was on the ground you, Mr Hobby, continually stomped on his torso.[11]
[11] Hobby Charge 12
19Mr Ashwood again managed to escape the house and ran to the Keysborough Denture Clinic where staff called 000.
20Mr Hobby, you and your co-offender left. While at the premises though you stole a white Apple iPhone belonging to
Mr Ashwood.[12] A short time after you placed a SIM card with your number into the phone.[12] Hobby Charge 13
21Mr Ashwood received several cuts to his face, lips, inner mouth, upper arms, soreness and bruising to his torso as a result of being assaulted.
Arrest, Search and Interviews
22On Wednesday 2 August 2017 at approximately 12.50 pm Mr Claridge and
Mr Begg you were both arrested at the Super Cheap Auto store in Cranborne. Mr Claridge, you were identified as driving a white Holden sedan displaying registration 1JL 6IP. You stated you had purchased that vehicle about a week prior.23A search of the vehicle belonging to you produced the following: one 12 gauge shotgun cartridge[13], a yellow container containing a .22 calibre cartridge and a set of Victorian number plates bearing registration UIM 000.[14]
[13] Claridge Summary Charge 16
[14] Claridge Summary Charge 14
24Later that day a search was conducted at the home of Mr Claridge during which investigators located a box of sixteen 12 gauge shotgun cartridges[15], a homemade shotgun[16], five 12 shotgun cartridges and a Samsung mobile phone.
[15] Claridge Summary Charge 18
[16] Claridge Charge 4
25At approximately 2.10 on that day a search warrant was executed at the home of Mr Begg. During that search investigators located a .22 calibre Ruger sawn off rifle and magazine[17], two .22 calibre cartridges[18] and a gold Samsung mobile phone and two SIM cards. On arrest you were in possession of small amounts of cannabis and methylamphetamine.[19]At 10.10 am on 4 August 2017 police attended the home of Mr Hobby. You were at that address and you were arrested at that time. During that search investigators located a number of phones, ID cards, as well as a foldable knife, one Hilti cartridge, one homemade firearm[20] and a .22 calibre ‘Super X’ fired case cartridge.On 21 July 2017 officer Ruiz of the Ballistics Unit of Victoria Police conducted an examination of Mr Ashwood's premises. A bullet hole found in the wall of the dining room was identified by him as being caused by a single shot discharge from a .22 calibre firearm.
[17] Begg Charge 2
[18] Begg Summary Charge 18
[19] Begg Charges 7 and 8
[20] Hobby Charge 15
26On 5 February 2018 officer Ruiz examined a .22 Ruger sawn off rifle seized from the home of Mr Begg. During his examination he noted that the firearm's bore had visible partially burnt and unburnt grains of propellant present. A test performed revealed that the firearm was capable of discharge.
27During the record of interview with you, Mr Claridge, you admitted ownership of a firearm and ammunition located at your father's address. You made no comment to all other allegations and refused to supply the PIN to your mobile phone under a direction given to you.[21]
[21] Claridge Summary Charge 17
28Mr Hobby, you stated at interview that you went to the premises of
Mr Ashwood in early July with an intention to assault Mr Ashwood. You admitted being in company with two others. You stated as soon as you became aware that there were children present you left, determining to ‘get him’ another day. You said that the friend you were with broke the lounge room window with his elbow.29Mr Hobby, you denied knowledge or involvement with the incident occurring on 21 July 2017.
30You admitted entering the premises and assaulting Shane Ashwood on 27 July 2017. You told police you went to the premises with a female known as "Em" and others. You said you entered the premises with her and two ‘islanders’. You told police you punched and kicked Shane Ashwood. You admitted you were aware that your co-offender had a weapon when you entered the premises. You admitted carrying a trolley pole and using it to assault the victim. You denied stealing a mobile phone from Mr Ashwood.
31Mr Hobby, you admitted to owning the homemade firearm seized from your home but stated it did not work as you had tried to discharge it unsuccessfully on the day prior to your arrest.
32Mr Begg, during your record of interview you denied any involvement in these offences, though admitted to having been at the premises with Mr Hobby earlier in July. You denied any knowledge of the firearm located at your house.
Sentencing Principles
33This offending is extremely serious. It is vigilante action in a serious form. On behalf of the community the courts must denounce such behaviour. Sentences imposed must deter others from acting in such a brazen and dangerous fashion. Just punishment, deterrence and community protection must be at the forefront of sentencing considerations.
34I must pay heed to the impact on the victims of these offences, in particular the primary victim, Mr Ashwood, who was subject to repeated attacks in his home. Those attacks were each accompanied by a willingness to engage in violence and in the second and third incidents by actual violence. The use of weapons, in particular the firearms, is an extremely serious aspect of the offending here.
Anthony Claridge
35Turning to your personal circumstances, Mr Claridge, you are now 29 years old and turned 28 on 12 July 2017, around the time of this offending. You grew up in the Endeavour Hills/Dandenong area. When your parents separated when you were a 12 year old you lived for a time with your grandparents and then your mother. You were able to maintain a close relationship however with both parents.
36You completed Year 9 and are described by your father and grandmother variously as a talented sportsman, winning premierships in football and cricket and medals in athletics.
37You completed three years of a carpentry apprenticeship. You then worked as a furniture removalist, initially as an employee but then started your own business at the age of 25 in around 2014. That business was successful for a number of years and ultimately reached a point where you employed three people and ran two trucks. Your grandmother writes that you had a sensible head on your shoulders and you seemed to be doing well for yourself, thriving in your own business. Your father says he and your mother were very proud of you.
38In 2016 your personal relationship broke down. What had apparently been the occasional use of amphetamines through your 20s increased as a result of that emotional turmoil. Your commitment to your business decreased as your drug use increased.
39Unfortunately despite attempts to save it, the business closed early in 2017 incurring financial losses. Your family describe you as heartbroken, withdrawn and angry at the world. It seems the combination of loss of your relationship, coupled with your business failure and resulting debt, created a perfect storm in your life. You fell in, you say, with a negative peer group and your drug use increased to a point of amphetamine use on a daily basis. Your life’s downward spiral continued until your arrest for this offending.
40At the time of this offending you were on a Corrections Order. That order was made only two months before this offending in May 2017. It related to a charge of unlawful assault which occurred apparently in the context of the breakdown of your relationship. Perhaps unsurprisingly it was accompanied by a charge of possess amphetamine. You had not started any treatment on that order due to waiting lists. The breach of the community corrections order has been dealt with by the Magistrates' Court and no further order was made.
41Your only other prior matter dates back to 2011 and was a charge of theft. You have been in custody since your arrest over 18 months ago. This is your first time in custody. You receive visits from a friend, your father, grandmother and cousins.
42In January of 2018 you tested positive for buprenorphine. This led to a loss of contact visits and privileges for some time. However, I have received 11 other urine screens, all of which have been negative. Importantly they span a timeframe from 27 September 2017 to 10 October 2018 which suggests that your relapse in January 2018 was a temporary one.
43You have completed a 24 hour ice addiction program in custody and have apparently reclaimed some trust within the prison system as you are now working as an induction billet and peer support.
44Your family say that in the past 18 months they have noticed a dramatic change in you. You are no longer the vacant non-responsive stranger they came to see. They describe your efforts at rehabilitation and say you are remorseful and relieved no-one was hurt in your particular offending. Your father has a job ready and waiting for you once you are released and you will apparently return to live with him.
45Your grandmother will also continue to be involved in your life as no doubt will be your mother and extended family. You have an eight year old son who is waiting for you to return to his life. You have a truck licence, employment history and I agree you have skills which will make you employable.
46Your efforts to remain drug free in custody, your lack of relevant prior criminal history, your employment history and ongoing family support are all positives in my consideration of your potential for rehabilitation. Although the seriousness of this offending makes me guarded in my assessment of those prospects, in my view they are positive. They are of course intrinsically linked to your capacity to resist a return to drug use.
47I accept that your plea of guilty was entered at a reasonably early stage. I accept that there were ongoing discussions between your counsel and the Crown in an effort to resolve a complicated set of charges.
48Your plea of guilty spares the victim and witnesses the stress of coming to give evidence before a jury, though Mr Ashwood was of course cross-examined at the committal.
49In relation to the offences to which you have pleaded guilty they are extremely serious. They were committed in what was described as a state of ‘ice fuelled madness’. To my mind that aggravates the situation. Courts and the community are well aware of the increase in aggression and unpredictable behaviour when persons are ice affected. Those comments apply to all three of you.
50Incident one shows a course of conduct where you, Mr Claridge, attended as a trespasser at residential premises in the evening and for the sole purpose of a violent confrontation with your victim. Violent intention was shown by you yelling and kicking at the front door and by your co-offender attempting to force it open. It was shown by the breaking of the window. On your part in particular it was shown by the fact you possessed a homemade shotgun. At the time of that possession you were a prohibited person and therefore you are liable to a higher maximum penalty. The children and Mr Ashwood were terrified.
51I have read each of the victim impact statements of the children aged ten to 13. They talk of their terror and fear that they would be injured or die. They were scared the man with the gun was going to shoot. They feared for the safety of their father. They talk of being unable to sleep, of nightmares and flashbacks, they are withdrawn and hypervigilant about their safety.
52Their grandmother also prepared a victim impact statement. She describes her helplessness at watching the impact on her son and grandchildren. She says her son suffers insomnia and extreme fatigue. He has suffered mentally and has counselling and medication. He has had to relocate.
53She says at least one of the children is seeing a psychologist and confirms the change in those children from happy, outgoing kids to children who are lacking confidence and trust in people.
54Although I accept that the assaults in Charges 1 and 2 in the first incident are at a lower end given they did not involve any physical contact, it is clear from the victim impact statements that the children in particular were aware of the serious threat you and your co-offenders posed. You were present and moving around the house; they were confronted by your co-offender entering the premises and they were aware you were in possession of a gun.
55While I accept that incident one ceased when you all became aware of the presence of children, that did not stop you, Mr Claridge, returning weeks later to the same premises with the same attendant risk that there would be children present.
56Incident two is extremely serious. It was committed in the middle of the night on a man alone in his home and vulnerable. There was forced entry. You entered the premises, Mr Claridge. You or your co-offender was armed with a sawn off rifle. That weapon was pointed at the victim and fired towards him. That is an extremely serious offence.
57The end of that incident was only achieved because your victim was able to escape. As he fled you and your co-offender chased him. He managed to get out and seek refuge. Your moral culpability is very high. You had already been to those premises with intentions to assault Mr Ashwood.
58You were not deterred from returning and did so, committing serious offences once inside the premises. You and your co-offender, Mr Begg, then used the NAB card as your own, withdrawing $1000 and attempting repeatedly to obtain more money. On arrest some weeks later you were in possession of ammunition and stolen number plates.
59At the time of these offences you had very recently been placed on a CCO which is an aggravating feature in your personal circumstances. Specific deterrence must loom large in sentencing you. Your counsel sensibly conceded on the plea that the only appropriate sentence is a term of imprisonment with a non-parole period. That will be a substantial term.
Damien Hobby
60Turning to you, Mr Hobby. In relation to incident one, apart from Mr Claridge's possession of the firearm there is little to separate you on the facts of that actual offending. Although I accept you were not aware of the firearm in the possession of Mr Claridge I can reasonably infer that the item you placed down your pants was a weapon of some description.
61I draw that conclusion based on the facts that like your co-offender your sole purpose of attending was for a violent confrontation. That violence is demonstrated by what occurred on those premises. You admitted during your record of interview that when you became aware of the presence of children you decided you would return and ‘get him’ another day.
62Your willingness to engage against the same victim was demonstrated when you did later attend on 27 July. You admitted that on that date you were in possession of a trolley pole and you admitted assaulting Mr Ashwood with it.
63I accept there is no evidence you were aware of incident two. However, like
Mr Claridge, you had been present at that house when children were inside and your adult victim was placed in fear. Your return in those circumstances at four in the afternoon indicates your disregard for that fact and your high moral culpability, in particular in relation to incident three. Similarly, your disregard for the impact of a further confrontation on your adult victim, Mr Ashwood, aggravates the offending.64The criminality of your offending in incident three is high. That offending occurred in the presence of Mr Ashwood's sister and friends. It was a sustained and vicious attack on a defenceless man in his own home. He sustained physical injuries as a result. Again it only stopped because he was able to flee.
65The impact on Mr Ashwood's sister of witnessing that assault in incident three has been significant. According to her victim statement and that of her mother she suffers fatigue and lacks motivation, rarely leaving her house. She says she is struggling to cope. Her son has had to go and live with his father.
Ms Sheona Ashwood has had to pull out of her course.66On arrest you too were in possession of a homemade firearm despite being a prohibited person. As with your co-offender, Mr Claridge, you had only six weeks earlier been given an opportunity to avoid imprisonment by being placed on a CCO. I will return to that in due course.
67Turning to your personal circumstances, Mr Hobby, you are a 27 year old single man. You have been in custody since your arrest for these offences and apart from a period of three weeks on remand in October 2016 this is your first time in custody.
68You were born and raised in Doveton and resided there for all of your childhood. Your mother was a stay-at-home mum, your father worked as a milkman. You were the only child born to that marriage. You have an adopted brother now aged 24 who was adopted by your mother when you were around 13 years of age. You and he had been friends before your mother adopted him.
69Your parents separated and divorced when you were 18 years of age. You now have two stepsisters who are the daughters of your father's new partner. Your parents were both present in court and have written character references on your behalf.
70You undertook primary schooling at Doveton North Primary School and then attended Doveton Secondary College completing VCAL in 2008. You have worked as a plasterer between 2009 and 2012. You became qualified in 2012 but shortly thereafter injured your knee in a workplace accident and decided to change occupations.
71You worked in sales and marketing for APCO Group in 2013 and for Cobra Group in 2014. You have endured some periods of unemployment and were unemployed at the time of the commission of these offences.
72Your mother says you were a good footballer and volunteered as a coach for younger boys. You enjoyed seeing their progress and as a 17 year old you were made a life member of the Dandenong Saints for those efforts.
73You began regularly drinking alcohol from the age of 14 on weekends. You first used cannabis at 16 and methylamphetamine at 18. Your use of methylamphetamine developed into a serious addiction by the time you were 21.
74You had some counselling at various times to try to deal with drug and personal issues, however with limited success. At the time of this offending you say you were smoking up to a gram of ice each day. Those facts of your drug use are reflected in your prior criminal history.
75You first appeared in the criminal justice system in 2013 on serious and relevant charges, namely criminal damage, two charges of making a threat to kill, recklessly causing injury and unlawful assault. You were sentenced to a work only Community Correction order of 12 months. Soon after you breached that order. However, on the hearing of the breach the order was varied to a 24 month community correction order, again with work only. You apparently completed that order.
76Of note you appeared in the Magistrates' Court on 29 May 2017, some six weeks before this series of serious offences. That appearance appears to have been a consolidation of a number of charges. Again those charges are serious and relevant. They include four charges of burglary, two charges of theft, charges of handling stolen goods and dealing with proceeds of crime, criminal damage and being in possession of a prohibited weapon and possessing ammunition without a licence or permit.
77You were sentenced to a 12 month Community Correction Order with treatment conditions. That order of course was breached almost immediately by this offending. I take into account in sentencing you that you have served an eight month sentence for that breach and I cannot attribute any of that eight months to this sentence.
78You had apparently known Mr Ashwood for some time and had been friendly, however had a disagreement in the weeks leading up to this offending. Around this timeframe your grandmother was diagnosed with terminal cancer and you broke up with your partner, Daniella, who you had been with since 2016 and was your only relationship of note.
79It was apparently in that context that your use of methylamphetamine increased in both the amount you were using and the frequency of use. Your counsel submitted that you were not thinking clearly and were behaving erratically in the lead up to this offending. I repeat my earlier comments that committing these offences in a state where you were affected by ice in my view is an aggravating feature.
80Since being remanded you have ceased use of illicit drugs and have attended a number of rehabilitative courses. In particular you have completed 44 hours of treatment towards rehabilitation. This involved attending programs for three hours a day three days a week over a period of about three months.
81You have spent the last portion of your time in custody at Marngoneet Correctional Centre. A number of certificates were tendered on your behalf on the plea and these included a six hour ice effects program, 24 hour drug and alcohol program and the 44 hour semi-intensive drug and alcohol program.
82You have completed counselling with Caraniche and a number of clean drug screens were provided. You have also completed programs on better managing your emotions and furthering your education.
83Your time in custody has been made more difficult by the death of your grandmother to whom you were very close. You have been receiving visits from your parents who remain very supportive of you. I accept that you have been taking every opportunity available to you to demonstrate your prospects of rehabilitation. In my view those prospects are positive. As with your co-offenders they rely almost entirely on your ability to stay drug free.
84I have read and accept expressions of remorse made to your family and friends. You were frank in your record of interview making full admissions. You indicated an intention to plead guilty at a very early stage. There were apparent efforts made prior to the committal hearing to settle the case.
85Unfortunately the victim was cross-examined at committal. However, your plea of guilty was entered at an early stage and you are entitled to the full benefit of that plea.
James Begg
86Mr Begg, you are 35 years of age, the younger of two children born to Pauline Farnsworth and Ian Begg. Your parents separated when you were about four years old. You have had a positive relationship with both parents and your older brother, Jeff, although your mother and stepfather raised concerns about your father being responsible for introducing you to cannabis use. You, yourself, described that role modelling in a document outlining your history entitled "background".
87You grew up in the Dandenong area attending St Gerard's Primary School from prep to grade six. You say you were an average student, however always in trouble for fighting and disrupting. You were expelled from Lyndale High School at the end of Year 8, you transferred to Cleland High School where you completed Year 9.
88When you were aged about eight to nine years you say your mother re-partnered and that your relationship with your stepfather caused you some loss of self-confidence. Happily it seems that relationship has mended somewhat since your time in custody.
89After leaving school you were unemployed for some years. You say you never got around to doing an apprenticeship. Your mother and stepfather relocated to Queensland when you were 18 years old and although they asked you to come with them you moved in with your brother, living in his garage. You found work in a factory making car parts, working for about eight months before you suffered a serious workplace injury.
90Three fingers of your right hand were caught in a press and you lost the top of those fingers. You were off work for six months requiring several surgeries. You developed symptoms of post-traumatic stress disorder. You attempted a return to work but the memories of what happened were overwhelming for you.
91You were also unable to return to playing football and again these factors dented your self-confidence. You eventually picked up some cash in hand work on a casual basis. You last worked for six to eight months as a truck driver with a scaffolding company just prior to your arrest. You estimate that since leaving school you have had employment about 40 per cent of the time.
92For the past ten years you have been in a relationship with Rebecca Potts. Together you have a six year old daughter, Hayley. You say the most stable part of your life was subsequent to the birth of your daughter.
93You have acknowledged your role in the offences both in this court and when interviewed by Ms Lechner, psychologist. According to her you made no attempt to shirk responsibility or minimise the seriousness of your actions. You attribute your poor judgement to your drug addiction.
94You began smoking cannabis at the age of 13 to 14 years. By the age of 15 until your arrest you smoked four to five grams daily. You began using speed at 16 years of age and at various times tried LSD, cocaine, ketamine, ecstasy and GHB. You started using ice at around 17 to 18 years of age.
95Your family describe you as a different person on that substance. You distanced yourself from them to hide your drug use, causing a great strain on your relationship with your brother and his partner and with your mother. These are sadly the common impact on parents and families who are usually innocent bystanders trying their best to provide understanding and support.
96At some stage your ice use resulted in a drug induced psychosis requiring a two week hospital admission. Your mother states that this was two years ago, although your own document describing your background suggests that was some while earlier. In any event your mother describes you as having a ‘mental breakdown’ at that time. You were on anti-psychotic medication for a short time and remained abstinent from illicit drug use for approximately 15 months. Sadly you could not sustain a drug free life and eventually relapsed.
97You have a relevant prior criminal record having been dealt with for assault, drug possession and possessing a prohibited weapon in your early 20s. At age 30 you were dealt with for possession of an unregistered handgun and ammunition, a prohibited weapon, general category handgun and cannabis. You were placed on a 12 month CCO with treatment which was breached by further offending by way of carrying a prohibited weapon. You were fined and a further CCO was imposed. In 2015 you were dealt with for theft and placed on another CCO with work and treatment conditions. You apparently completed a deal of that order and it is not breached by this offending.
98You were assessed by Ms Lechner as cognitively, socially and emotionally immature, able to identify triggers to your negative feelings but lacking in the skills to manage them, having learnt to block out the internal distress with drug use from an early age.
99You report a period of depression after the drug induced psychosis. Your continued drug use has only served to aggravate your underlying symptoms in her view. It is fair to say there has been some relief for you and for those close to you since your incarceration.
100You too in custody report an improvement in your mood state associated with being abstinent from drugs, this giving you some hope that a life without drugs is possible. Ms Lechner opines that you are somewhat naïve about the efforts required to maintain those gains in the face of stressors in the community, although I accept your statement that you say you will do things differently when you get out.
101Whilst in custody you are working. You have completed several clean urine screens. You say gaol has been a big eye opener; the people you have met, how boring it is, you say, "I think I've got to change my lifestyle, get a full time job so I've got no time to be stupid".
102This is your first time in custody and you are apparently finding it a strong deterrent. In particular this year you are missing your daughter's first year at school. Your relationship with her mother has broken down. Your mother, aunt and sister-in-law all attest to the great love you have for your daughter. No doubt that breakdown and separation from your child has made time in custody difficult.
103Your partner was interviewed by Ms Lechner and said you have in her view used drugs to numb yourself. She says, "When he's on drugs he doesn't think, doesn't listen, thinks he is invincible. He's a different person off drugs." She stated that you have expressed to her your desire to do the right thing when you get out.
104On the plea it was submitted that you will return to live with your mother upon release which will take you into a different geography and away from old connections.
105I accept that you too have positive prospects of rehabilitation if you can remain drug free.
106Mr Begg, your plea of guilty was entered at the door of the trial and is therefore a late plea. I accept however that it has saved the victim the added trauma of giving evidence and served the utilitarian benefit of saving court time and resources. You will receive the benefit of that plea.
107I accept your expressions of remorse made to your family and Ms Lechner and in your own background document.
108In relation to the offending you were involved in the single incident, incident two, on 21 July. There is no evidence that you were aware of incident one and in that sense your moral culpability is less than your co-offender,
Mr Claridge.109You did not know the victim. You say you went along with others out of some sense of misguided loyalty. You did not physically enter the house, however you told Ms Lechner you were in the backyard. You were aware your co-offenders were armed with the sawn off rifle when they went into the house.
110You were a prohibited person in possession of that firearm and therefore liable to a higher maximum penalty. In company with the firearm was ammunition which elevates the seriousness of possessing that weapon. I do not sentence you for the firing of the shot inside the house. However, the potential for serious violence by a person entering with a loaded firearm is obvious and would have been obvious to you. You were all there for the sole purpose of violent confrontation.
111Your behaviour after that offending on 21 July in dealing with the stolen items demonstrates your enthusiastic participation in these events and your willingness to treat those spoils as your own.
Parity
112In sentencing each of you I have given anxious consideration to issues of parity and totality. Parity of course takes into account not simply the role each played in the individual offending but their personal circumstances.
113Consideration of parity is often difficult. Here it was not straightforward given the offences to which you have each pleaded guilty and your differing involvement across the three incidents. I have given consideration to each set of offending, to your relevant prior criminal histories and to your personal circumstances. I have considered your pleas of guilty and your efforts at rehabilitation.
Sentences
Anthony Claridge
114If you could stand please Mr Claridge? Mr Claridge, you are sentenced as follows. In relation to incident one, Charges 1, 2 and 3 you are convicted and I impose on those three charges an aggregate sentence of three years and four months imprisonment. Twelve months of that sentence will be cumulative upon the base sentence.
115In relation to Charge 4 you are convicted and sentenced to 18 months imprisonment. Ten months of that sentence will be cumulative upon the base sentence. In relation to the associated charge, the summary Charge 26 of trespass, you are convicted and sentenced to four months imprisonment which is to be concurrent.
116In relation to incident two on Charge 5 you are convicted and sentenced to six years imprisonment. That is the base sentence. In relation to Charge 6 you are convicted and sentenced to five years imprisonment. Two and a half years are to be cumulative upon the base sentence.
117In relation to Charges 7, 8, 9 and 10 I impose an aggregate sentence of
12 months imprisonment. Six months of that sentence is to be cumulative upon the base sentence. In relation to Charge 14 you are convicted and sentenced to three months imprisonment. One month is to be cumulative upon the base sentence.118In relation to Charge 17 you are convicted and sentenced to three months imprisonment. One month is to be cumulative upon the base sentence. In relation to summary Charges 16 and 18 which relate to possess ammunition which is only possible to deal with by way of a fine, I impose an aggregate fine with conviction of $500.
119The total effective sentence in relation to you is 11 years imprisonment. I impose on you a period of eight years and two months before you are eligible for parole. But for your pleas of guilty the sentence I would have imposed would have been a sentence of 13 years imprisonment with a period of ten years non-parole. Can I confirm the pre-sentence detention figure for
Mr Claridge please?120MS MELLIOS: Yes, Your Honour, it is 595 days.
121HER HONOUR: I declare that you have already served a period of 595 pre-sentence detention in relation to this offending. You can have a seat, thank you.
Damien Hobby
122If you could stand, Mr Hobby? Mr Hobby, in relation to incident one on Charges 1, 2 and 3 I impose an aggregate sentence of three years and four months imprisonment. Twelve months of that sentence is to be served cumulative upon the base sentence.
123In relation to the associated summary charge of trespass, Charge 12, you are convicted and sentenced to four months imprisonment concurrent. In relation to incident three on Charge 11 you are convicted and sentenced to five years imprisonment. That is the base sentence.
124On Charge 12 you are convicted and sentenced to four years imprisonment. Two years of that sentence is to be cumulative upon the base sentence. On Charge 13 you are convicted and sentenced to three months imprisonment. On Charge 15 you are convicted and sentenced to 18 months imprisonment, six month of which is to be cumulative upon the base sentence.
125The total effective sentence in relation to you is a term of eight years and six months imprisonment. I order that you serve six years and ten months imprisonment before you are eligible for parole. But for your pleas of guilty the sentence I would have imposed would have been a term of 11 years imprisonment with a term of nine years non-parole. Can I confirm the pre-sentence detention please?
126MS MELLIOS: 364 for Mr Hobby.
127HER HONOUR: Thanks very much. I declare that you have already served 364 days pre-sentence detention in relation to this offending. You can be seated, thank you.
James Begg
128If you could stand, Mr Begg? In relation to incident two on Charge 1 you are convicted and sentenced to five years imprisonment. That is to be the base sentence. On Charge 2 you are convicted and sentenced to two years imprisonment. One year is to be cumulative upon the base sentence.
129On Charges 3, 4, 5 and 6 you are convicted and I impose an aggregate sentence of 12 months imprisonment, six months of which is to be cumulative upon the base sentence. In relation to Charge 7 you are convicted and sentenced to one month imprisonment.
130In relation to Charge 8 you are convicted and sentenced to one month imprisonment. In relation to the summary charge of possess ammunition, that is Charge 18, you are convicted and I impose a fine of $300. The total effective sentence in relation to you, Mr Begg, is six years and six months imprisonment and I order that you serve four years of that sentence before you are eligible for parole.
131But for your pleas of guilty the sentence I would have imposed would have been a sentence of eight years imprisonment with six years non-parole. If I could have the pre-sentence detention please?
132MS MELLIOS: 595 days for Mr Begg.
133HER HONOUR: I declare that you have served 595 days as pre-sentence detention in relation to this offending. I propose to make the ancillary orders in the terms that were sought and I will do that in chambers.[22] Any issue, counsel?
[22] Appendix 1 – Chart of Sentences for Messers Claridge, Hobby and Begg
134MS MELLIOS: Your Honour, I just have one minor matter to raise? When Your Honour was referring to the attempt to obtain property by deception in relation to Mr Begg and Mr Claridge Your Honour referred to five instances. There is the sixth incident. It did not make its way into the Crown opening but was orally amended.
135HER HONOUR: Yes, I do recall that. I will make that amendment when I revise the ruling.
136MS MELLIOS: Thank you, Your Honour.
137HER HONOUR: Thank you very much. Thank you, Mr Claridge, Hobby and Begg can be removed.
138MR O'NEILL: Sorry, perhaps I should just raise - I think it was just a matter of expression, but when Your Honour was dealing with incident two Your Honour said that Mr Ashwood could not say whether it was Mr Claridge or the other offender, Your Honour clearly was referring to the unknown offender?
139HER HONOUR: The unknown, yes, I was.
140MR O'NEILL: Thank you.
141HER HONOUR: I will double check that when I revise it.
142MR RATTRAY: Your Honour, just because of my commitment across the road could I approach Mr Hobby quickly?
143HER HONOUR: Yes.
144MR RATTRAY: Thank you. Thank you, Your Honour.
145HER HONOUR: Thank you, if the three prisoners could be removed please?
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APPENDIX 1: Table of Sentences
| INCIDENT 1 | Sentence: Claridge | Sentence: Hobby | Sentence: Begg |
| Indictment 1 - Charge 1 | Aggregate 3 years 4 months imprisonment; 12 months cumulative on the Base Sentence | Aggregate 3 years 4 months imprisonment; 12 months cumulative on the Base Sentence | N/A |
| Indictment 1 - Charge 2 | N/A | ||
| Indictment 1 - Charge 3 | N/A | ||
| Indictment 1 - Charge 4 | 18 months imprisonment; 10 months cumulative on Base Sentence | N/A | N/A |
| Summary Charge 26 (Claridge) | 4 months imprisonment; concurrent | 4 months imprisonment; concurrent | N/A |
| Summary Charge 12 (Hobby) | N/A | ||
| INCIDENT 2 | Sentence: Claridge | Sentence: Hobby | Sentence: Begg |
| Indictment 1 - Charge 5 (Claridge) | 6 years imprisonment; Base Sentence | N/A | 5 years imprisonment; Base Sentence |
| Indictment 2 - Charge 1 (Begg) | |||
| Indictment 1 - Charge 6 | 5 years imprisonment; 2.5 years cumulative on the Base Sentence | N/A | N/A |
| Indictment 2 - Charge 2 | N/A | N/A | 2 years imprisonment; 1 year cumulative on the Base Sentence |
| Indictment 1 - Charge 7 (Claridge) | Aggregate 12 months imprisonment; 6 months cumulative on the Base Sentence | N/A | Aggregate 12 months imprisonment; 6 months cumulative on the Base Sentence |
| Indictment 1 - Charge 8 (Claridge) | N/A | ||
| Indictment 1 - Charge 9 (Claridge) | N/A | ||
| Indictment 1 - Charge 10 (Claridge) | N/A | ||
| Indictment 2 - Charge 3 (Begg) | N/A | ||
| Indictment 2 - Charge 4 (Begg) | N/A | ||
| Indictment 2 - Charge 5 (Begg) | N/A | ||
| Indictment 2 - Charge 6 (Begg) | N/A | ||
| INCIDENT 3 | Sentence: Claridge | Sentence: Hobby | Sentence: Begg |
| Indictment 1 - Charge 11 | N/A | 5 years imprisonment; Base Sentence | N/A |
| Indictment 1 - Charge 12 | N/A | 4 years imprisonment; 2 years concurrent on the Base Sentence | N/A |
| Indictment 1 - Charge 13 | N/A | 3 months imprisonment; concurrent | N/A |
| ON ARREST | Sentence: Claridge | Sentence: Hobby | Sentence: Begg |
| Indictment 1 - Charge 14 | 3 months imprisonment; 1 month cumulative on the Base Sentence | N/A | N/A |
| Indictment 1 - Charge 15 | N/A | 18 months imprisonment; 6 months cumulative on the Base Sentence | N/A |
| Indictment 2 - Charge 7 | N/A | N/A | 1 month imprisonment; concurrent |
| Indictment 2 - Charge 8 | N/A | N/A | 1 month imprisonment; concurrent |
| Summary Charge 16 (Claridge) | Aggregate Fine of $500 | N/A | N/A |
| Summary Charge 18 (Claridge) | N/A | N/A | |
| Summary Charge 17 (Claridge) | 3 months imprisonment; 1 month cumulative on the Base Sentence | N/A | N/A |
| Summary Charge 18 (Begg) | N/A | N/A | Fine of $300 |
| Total Effective Sentence: | 11 years imprisonment; $500 fine | 8 years 6 months imprisonment | 6 years 6 months imprisonment; $300 fine |
| Non-Parole Period | 8 years 3 months | 6 years 10 months | 4 years |
| Pre-Sentence Detention | 595 days | 364 days | 595 days |
| 6AAA indication | 13 years imprisonment; 10 years non-parole period | 11 years imprisonment; 9 years non-parole period | 8 years imprisonment; 6 years non parole period |
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