Director of Public Prosecutions v Billings (a pseudonym)

[2024] VCC 620

IN THE COUNTY COURT OF VICTORIA

AT MELBOURNE

CRIMINAL DIVISION

Revised
Not Restricted
Suitable for Publication

DIRECTOR OF PUBLIC PROSECUTIONS

v

SARAH BILLINGS (A PSEUDONYM)

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JUDGE:	HER HONOUR JUDGE DAVIS
WHERE HELD:	Melbourne
DATE OF HEARING:	2 May 2024
DATE OF SENTENCE:	12 July 2024
CASE MAY BE CITED AS:	DPP v Billings (a pseudonym)
MEDIUM NEUTRAL CITATION:	[2024] VCC 620

REASONS FOR SENTENCE
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Subject:CRIMINAL LAW      

Catchwords:          Theft (Charges 1 and 3) – Home invasion (Charge 2) – Two summary charges of impersonating police officer – plea of guilty – insight into offending – substance abuse issues – history of trauma – good prospects of rehabilitation

Legislation Cited:         Crimes Act 1958; Victoria Police Act 2013; Sentencing Act 1991

Cases Cited:

Sentence:  Total effective sentence of 15 months imprisonment; and a 12 month CCO

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APPEARANCES:	Counsel	Solicitors
For the DPP	Mr R Pirrie	Office of Public Prosecutions
For the Accused	Ms H Anderson	David Barrese and Associates

HER HONOUR:

1Sarah Billings,[1] you have pleaded guilty to two charges of theft (charge 1 – theft of a bank card; charge 3 – a rolled up charge) and one charge of home invasion (charge 2). You have also consented to the uplifting of and have pleaded guilty to two summary charges (summary charges 5 and 16) of holding yourself out to be a police officer.

[1] A pseudonym.

2The maximum penalty for home invasion is 25 years’ imprisonment. The maximum penalty for theft is 10 years’ imprisonment. The maximum penalty for impersonating a police officer is 120 penalty units or 1 year imprisonment or both.

Circumstances of Offending

3The circumstances of your offending were set out in the Summary of Prosecution Opening and I sentence you on the basis of the facts contained in that document.[2]

[2] Exhibit 1, dated 8 April 2024.

4You were 25 years old at the time of the offending, which involved two episodes  of conduct in Whittington on 20 March 2023 while you were in the company of your three co-accused.[3]

[3] One of your co-accused is going to trial, two of your co-accused have plead guilty.

5The first incident occurred at around 8.00am and was captured on CCTV footage. You and your co-accused were in a black Mazda CX9 which had been reported stolen on 3 March 2023 and was bearing false registration plates. This forms part of rolled up charge 3. You were all well-dressed and wearing blue latex gloves like those used by police members (summary charge 5 – impersonating a police officer). Your co-accused drove up to two victims who were walking in Solar Drive. You got out of the car first, and you and your co-accused surrounded the victims – two brothers Adam[4] and Ryan Peel[5] (each of whom has a mild intellectual disability, although it is not contended that you knew this) – against the fence of a house. You searched Ryan Peel’s shorts pockets, and took out his wallet and mobile phone. You then searched Adam Norman’s pockets and removed his wallet and phone, while your co-accused searched through his bag. They removed a debit card in the name of Ryan Norman. This is the subject of charge 1.  You and your co-accused then got back in the stolen car and drove away. The brothers reported the matter to their carer, who called police.

[4] A pseudonym.

[5] A pseudonym.

6The second incident occurred about 15 minutes later, at Orbit Drive. You did not know the inhabitants of the house – a family of four: Michael George[6] and Selena Fry[7] and their two children Millie[8] and Harrison George.[9] It appears that you selected the house at random. You and one of your co-accused got out of the stolen Mazda (this forms part of rolled up charge 3), banged on the front door, and yelled: “Police, police…we got a warrant, open the door”. The couple sought time to restrain their barking dog and opened the door. When Ms Fry opened the door, you, Ms Billings, were dressed in semi-business attire, wearing blue latex gloves and holding a clipboard (summary charge 16 – impersonating a police officer). You and a co-accused walked into the house. This is the subject of charge 2 (home invasion). One of the children took the dog to the laundry. You and the co-accused put all the victims in the front lounge room while your co-accused searched the house. During this time, you impersonated police by calling your co-accused “Detective” and saying on the phone “ETA 2 minutes”. Your co-accused walked out of the house with property belonging to the victims.[10] This forms part of rolled up charge 3. You told your co-accused to search the couple’s bedroom. At this point, the victims realised that you and your co-accused were not police. You and your co-accused then left the property. The incident lasted between 15 and 20 minutes. Mr George and Ms Fry went outside and saw that two vehicles belonging to their daughter were missing (this forms part of rolled up charge 3).

[6] A pseudonym.

[7] A pseudonym.

[8] A pseudonym.

[9] A pseudonym.

[10] The property stolen comprised: an iPhone, various identification cards, a ‘Eufy’ security home base CCTV recorder belonging to Michael George; an iPhone, $800 cash, three more mobile phones, eight pairs of Nike shoes in boxes belonging to Harrison George; $9,000 in cash from a cash tin (as estimated by Millie and Michael George), Pandora brand jewellery, one Ford vehicle key, one Mazda vehicle key, belonging to Millie George; and six to eight cannabis plants growing in a greenhouse located in the backyard of the property.

Arrest and Record of Interview

7In the afternoon of the same day, police attended at your address and located the stolen Mazda CX9 as well as Ms George’s black Mazda 3.

8You were arrested and interviewed but remained mute. You were then charged and remanded in custody. A search warrant was obtained for your residence. The search located one fraudulent Victorian police identification; one set of handcuffs; four pairs of Nike sneakers belonging to Harrison George; four Apple iPhones belonging to Millie and Harrison George; and clothing and boots worn by you during the two incidents.

9You indicated your intention to plead guilty at the committal hearing on 29 November 2023  before cross-examining any witnesses. The matter proceeded for plea in this court by straight Hand-Up brief. There are 480 days of pre-sentence detention, not including today.

10You have prior convictions in December 2021 and January 2023 for theft of motor vehicle, but otherwise no relevant prior convictions. Your offending history is limited to the period from late 2021 until January 2023. You spent one month in custody in December 2021, and four months in custody between January and May 2022. After this, you spent nearly 5 months in residential rehabilitation in Odyssey House.

11Whilst on remand, you have been working in a level one, well regarded position in  the industries area. You have completed various courses including a drug course, positive relationships course and various other rehabilitative courses. You are on the waiting list for domestic violence and drug courses. You have also returned several negative drug screens. You have engaged with Women’s Housing to assist you to find stable accommodation upon your release. In May 2023, you sought specialist trauma counselling from WestCASA and commenced fortnightly counselling in October 2023. You have support from your parents and have reconciled with your ex-partner, who has been visiting you regularly with your 5 year old daughter. 

Personal Circumstances

12Your personal circumstances and the circumstances of your offending were set out in your counsel’s submissions, the letter from WestCASA[11] and the psychiatric report of Dr Praveen Das.[12]

[11] Dated 16 February 2024, Exhibit H.

[12] Dated 29 April 2024, Exhibit B.

13You were born interstate and moved to Victoria at the age of 3. You are the only child of your parents, each of whom has older children from earlier relationships. You remain in contact with your parents and two maternal half-brothers.

14You were sexually abused as a child.  Apart from this, your early childhood was relatively stable until you were around 12 years old, when your father’s business failed. The family was homeless for a while, living in a car, and you were bullied at school. Your parents then developed substance abuse issues and your father was diagnosed with schizophrenia. You changed high schools several times and struggled with school. You left school early in Year 11 when you were 16 and your family moved interstate again.  

15You moved to Brisbane and worked in a fish and chip shop and then at age 17 entered into a relationship with a man who had a drug addiction. You became isolated from your family and were drinking heavily. You were sexually abused by him throughout the relationship and on one occasion, you were gang raped by him and his friends. As a result of this incident you needed reconstructive surgery. Sadly, you returned to this abusive relationship, and were held captive on a rural farm by this man until you managed to escape. Your father picked you up, and you lived with your grandfather and uncle for several months before moving to Victoria. You were homeless and couch surfing for some months with no financial support.

16At age 19 you commenced a relationship with a young man you knew from school named Morgan.[13] You completed a Certificate 3 in Business Management, and a barista course. You  worked in horticulture and traffic control and also managed a salad bar.

[13] A pseudonym.

17You had a daughter together in July 2018. Your mental health declined after her birth and you started abusing methamphetamine and then GHB as a means of coping with that decline and with the trauma you had experienced earlier in your life. You attempted suicide and spent two weeks in hospital. Your relationship ended in late 2020 because of your drug use; and you lost access to your daughter, which drove you to further drug abuse and to your offending.

18At the time of offending, you were in a relationship with one of your co-accused, who was supplying you with drugs. On a daily basis, you were smoking high levels of methamphetamine, ingesting large amounts of GHB and using cannabis. You had not slept for nearly two weeks prior to the offending, and were preoccupied with sourcing funds to support your drug habit. You told Dr Das that your partner made you go along with the offending. You expressed remorse to Dr Das for impersonating police and invading the victims’ home and indicated that you pleaded guilty in order to take responsibility for your actions.  

19You have previously been diagnosed with depression, anxiety, and PTSD. You have self-harmed since your teenage years and also attempted suicide twice (at age 14 and 20). You are currently taking medication for depression and for your PTSD symptoms. You told Dr Das that you intend to avoid Geelong and your anti-social peers. You plan to attend Narcotics Anonymous and day rehabilitation as well as to obtain support from the Australian Community Supports Organization (ACSO). You told Dr Das that you continue to self-harm whilst in custody, so as to relieve your distress and to avoid suicidality, but have not reported this because you do not want to be placed in a safe-cell again, having found it a very restrictive and traumatic experience on the last occasion. Dr Das considered that you have insight into the relationship between your mental health issues, drug abuse and offending, and are currently compliant with medication. He diagnosed you with an extensive history of trauma, stimulant use disorder (currently in remission), Adjustment Disorder (related to your impending sentence of imprisonment), possible depression (currently in remission with medication) and possible Complex PTSD. He considered your mental health to be relatively stable at present, apart from your ongoing self-harming behaviours. In the light of this on-going self-harming, he considered that imprisonment may weigh more heavily upon you than on a prisoner without this condition. He also considered that imprisonment will delay the longer-term trauma focused psychological therapy that you need. Dr Das recommended that whilst in custody your medication regime should be optimised and your self-harm behaviours should be addressed with non-restrictive psychological therapy. He considered that you need ongoing medication and psychotherapy to address your PTSD, personality vulnerabilities, self-harm tendencies and low self-worth, as well as to help you remain abstinent from drugs.

Prosecution Submissions

20Prosecution contended, on the basis of the evidence of the victims, that you played an active role in the second incident by giving orders and directing your co-accused. It was submitted that your offending in charge 2 was a relatively serious example of home invasion, which involved planning and looking for soft targets, and which warrants the imposition of a sentence of imprisonment. The prosecution conceded the matters outlined in the psychological report, particularly your drug use being the primary driver of your offending. The prosecution was unable to provide any comparable cases.

Defence Submissions

21Your counsel accepted that your offending is objectively serious, and that the home invasion offence attracts a mandatory custodial sentence without the possibility of a combination sentence. Whilst conceding that there were two distinct episodes of offending, your counsel pointed out that the impersonation and theft offences occurred close in time on a single morning and in a similar location, with a similar modus operandi. The first incident was opportunistic and of short duration. You were a passenger in the car and did not make any threats to the victims. In the second incident, apart from banging on the door, impersonating police and demanding to be let in to the house, you facilitated the theft by pretending to be on the phone.

22In mitigation, your counsel emphasised the utilitarian value of your plea of guilty; the remorse you expressed to Dr Das; your background of extensive trauma due to physical and sexual abuse; the drug addiction which followed from traumatic experiences and the negative influence from one of the co-accused who was your partner and who supplied you with drugs and influenced you to offend; your relatively young age and the need for appropriate weight to be given to your rehabilitation; the progress you have made in prison in terms of undertaking programs, working, taking your medication, abstaining from drugs, receiving counselling, and developing insight into the psychological vulnerabilities which led to your drug addiction. For these reasons, it was submitted that an appropriately framed Community Correction Order (CCO) alone, or a combination sentence, is within range in respect of the theft and impersonation charges and that such a disposition would best facilitate your rehabilitation as well as community protection upon your release.

23An assessment of your suitability to undertake a CCO was conducted on 7 May 2024 by Corrections Victoria, and it was determined that you are suitable to undertake a CCO. You were assessed as being at high risk of general offending. You said you had time in custody to clear yourself of the effects of drugs and alcohol, and expressed remorse for your offending and sympathy for the victims. You explained that you were under the influence of drugs and dependent on your co-accused and then partner for access to the drugs. You said that upon release you will move in with your supportive partner and daughter. The report recommended conditions of supervision, drug assessment/treatment, mental health assessment/treatment and non-association with all three of your co-accused.

24After the plea hearing, your partner, Morgan Sherri,[14] provided a letter in support of you to the court. The prosecution did not object to my considering this letter, and I have done so. Mr Sherri wrote that, since you have been in prison, you have been making great effort to build your relationship with your daughter, even more so than when you were in the community. He believes you are remorseful for your actions, that you have gained insight into your offending and that you are a changed person who will not make the same mistakes again.

[14] A pseudonym.

Analysis

25The home invasion committed by you was a relatively serious example of the offence, and denunciation, just punishment and specific and general deterrence are important sentencing considerations. I consider that it is necessary to impose a term of imprisonment on charge 2, a sentence which cannot be combined with a CCO.

26In relation to the thefts, I accept that the two episodes of offending occurred close in time on a single morning and in a similar location; that the first incident was opportunistic and of short duration, and did not involve you making threats or personally taking something from the victims. In the second incident, you facilitated the theft by pretending to be on the phone. However, I acknowledge that there were three sets of victims of your dishonesty offending: the person whose car you stole to commit the remainder of your offending; the man whose bank card was stolen; and the residents of the home you invaded, from whom you stole two cars as well as other property. I consider that all of the purposes of sentencing can be served by imposing an aggregate sentence of imprisonment in combination with a suitably crafted 12-month CCO. 

27In relation to the summary charges of impersonating a police officer, I consider that all of the relevant sentencing considerations can be met by imposing an aggregate sentence of imprisonment.

28Overall, I consider that your moral culpability for your offending is lessened due to your very traumatic and disadvantaged background, to the likely presence of drug dependency, depression and Complex PTSD around the time of the offending and to your intimate relationship with, and dependence on, one of your co-offenders, who was supplying you with drugs and influencing your behaviour. You were a relatively young person at the time of the offending, and had not yet fully engaged with the services you needed at that time to deal with your traumatic past and consequential relapses into abusive relationships and drug abuse.

29I accept all the matters raised in mitigation by your counsel. It is of particular concern that notwithstanding that you are taking medication in prison for your depressive and other psychological symptoms, you have been self-harming and not reporting this so as to avoid restrictive conditions in prison. On the other hand, whilst in custody you have abstained from drugs, undertaken programs and counselling and worked in a trusted position. You have gained insight into the need for counselling for your psychological vulnerabilities and have expressed remorse to Dr Das and to Corrections officers for your offending, as well as expressing sympathy for your victims. Having reconciled with your ex-partner, who is pro-social and not involved with drugs, you will be able to live with him and your daughter upon your release, and will be able to undertake the trauma-focused long-term treatment recommended by Dr Das. I consider that given your age and disadvantaged background, as well as your early plea, remorse, engagement with mental health treatment, and future return to live with your family, that your prospects of rehabilitation are good. In these circumstances, protection of the community will be best served by enhancing your rehabilitation in the community.

Sentence

30For these reasons, I sentence you as follows:

31Please stand. On charge 2, home invasion, you are sentenced to 12 months’ imprisonment.

32On charge 1, theft, you are fined $250.

33On charge 3, theft,  you are sentenced to a term of imprisonment of two months, together with a 12-month Community Correction Order with conditions of supervision, drug treatment and rehabilitation, mental health treatment and rehabilitation, and non-association with your three co-offenders.

34On the summary charges 5 and 16 of holding yourself out to be a police officer, you are sentenced to an aggregate sentence of 3 months’ imprisonment.

35I direct that one month of the sentence imposed on charge 3 is to be served cumulatively upon the sentence imposed on charge 2. I direct that two months of the aggregate sentence imposed on the summary charges is to be served cumulatively upon the sentence imposed on charge 2.

36The total effective sentence is one of 15 months imprisonment plus a 12 month Community Correction Order as outlined above.

37I direct that 480 days of pre-sentence detention, not including today, is to be deducted administratively from the term of imprisonment imposed.

38In relation to the Community Correction Order, you will be subject to supervision, as well as mental health assessment and treatment, drug assessment and treatment, and you will be prevented from associating with your three co-offenders, those named in the Summary of Prosecution Opening.

39In addition to the conditions that I have specifically imposed, you must also abide by the terms that apply to all Community Correction Orders.  These are: that you must not commit any other offences during the period of the order being enforced - that is from the date on which you are released from custody- for which you could be imprisoned, even if a court would not choose to impose imprisonment. You must report to and receive visits from a Corrections officer. You must report to the Community Correctional Services at Melton Corrections at 2:00pm on the next business day following your release from custody. You must not leave Victoria without first getting permission from a Community Corrections officer, and you must inform the Community Corrections Office of any change of address, where you live or work within 48 hours of that occurring. Finally, you must obey all lawful instructions from and directions of Corrections officers.  Do you understand all the conditions I have imposed and the general terms that apply?

40Before you consent to the making of such an order, you must understand that contravening any condition attached to the Community Correction Order, except for a contravention of a direction of the Secretary, is itself an offence punishable by three months’ imprisonment. Contravention of a Community Correction Order also carries with it the prospect that you will be brought back before me and resentenced for the original offending. Do you consent in these circumstances to the imposition of the Community Correction Order?

41Under section 6AAA of the Sentencing Act 1991, I indicate that, but for your plea of guilty, I would have imposed a total effective sentence of 20 months’ imprisonment with a non-parole period of 15 months.