Director of Public Prosecutions v Blazevicius
[2021] VCC 885
•24 June 2021
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
Case No. CR-20-01839
CR-21-00086
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| COREY JACOB BLAZEVICIUS |
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JUDGE: | HIS HONOUR JUDGE WRAIGHT | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 7 June 2021 | |
DATE OF SENTENCE: | 24 June 2021 | |
CASE MAY BE CITED AS: | DPP v Blazevicius | |
MEDIUM NEUTRAL CITATION: | [2021] VCC 885 | |
REASONS FOR SENTENCE
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Subject:CRIMINAL LAW – Sentencing.
Catchwords: Armed robbery – Recklessly cause serious injury – Series of car thefts – Arson – Exposing police officers to risk by driving – Extensive criminal history – Remorse – Young offender – Assessed as unsuitable for youth justice centre order – Circumstances surrounding COVID-19.
Legislation Cited: Crimes Act 1958 ss 18, 23, 74, 75A, 197, 317AF; Road Safety Act 1986 s 30; Children, Youth and Families Act s 475; Sentencing Act 1991 ss 6AAA, 89(4).
Cases Cited:Azzopardi v The Queen (2011) 35 VR 43.
Sentence: Imprisonment for a period of 5 years and 7 months with a non-parole period of 2 years and 10 months.
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Mr A Moore | Office of Public Prosecutions |
| For the Accused | Mr J Desmond (plea) Mr M McLellan (sentence) | Emma Turnbull & Associates |
HIS HONOUR:
Introduction
1Corey Jacob Blazevicius, on Indictment L11568761 you have pleaded guilty to the following charges:
· one charge of theft contrary to s 74(1) of the Crimes Act 1958, which carries a maximum penalty of 10 years imprisonment (Charge 1);
· one charge of armed robbery contrary to s 75A of the Crimes Act 1958 which carries a maximum penalty of 25 years imprisonment (Charge 2); and
· one charge of causing serious injury recklessly contrary to s 18 of the Crimes Act 1958 which carries a maximum penalty of 15 years imprisonment (Charge 3).
2On Indictment L11261161.1 you have pleaded guilty to the following charges:
· eight charges of theft, contrary to s 74(1) of the Crimes Act 1958 which carries a maximum penalty of 10 years imprisonment on each charge (Charges 1-8);
· one charge of arson contrary to ss 197(1) and 197(6) of the Crimes Act 1958, which carries a maximum penalty of 15 years imprisonment
(Charge 9);· one charge of aggravated reckless exposure of an emergency worker to risk by driving contrary to s 317AF(1)(a) of the Crimes Act 1958 which carries a maximum penalty of 10 years imprisonment (Charge 10); and
·
one charge of conduct endangering persons contrary to s 23 of the
Crimes Act 1958which carries a maximum penalty of 5 years imprisonment (Charge 11).
3You have also pleaded guilty to two related summary charges of driving whilst disqualified contrary to s 30 of the Road Safety Act 1986 which carries a maximum penalty of 240 penalty units or imprisonment for two years on each charge (Summary Charges 5 and 10).
4You have also admitted your prior Criminal Record.
Circumstances of the offending
5A prosecution opening was tendered on the plea and may be summarised as follows:
Indictment L11568761
6At the time of the first offending you were 18 years of age. The co-accused in this matter are Brody Harris and Jarrod Cakebread. Bryce Stephens was also involved in the offending.
7
On 22 May 2020 at approximately 1.08 am, you and Mr Harris stole a white 2012 Ford Ranger Utility bearing Victorian Registration Plates 1KQ 6OM
('Ford Ranger'), from the driveway of 2 Anderson Court, Canadian. The vehicle was owned by Matthew Lund and was valued at $10,000. It had a distinctive black coloured Nudge Bar with two large 'illuminator' driving lights attached. It is these facts that relate to Charge 1, theft of motor vehicle.
8
A short time later, you and Mr Harris drove the Ford Ranger to pick up
Mr Cakebread and Mr Stephens from 1/413 Rubicon Street, Redan.
9
At approximately 2.38 am, Zachary Pickering and his girlfriend,
Portia Kondratiew were driving east along Howitt Street, Wendouree in
Mr Pickering's silver 2010 Volkswagen Passat Sedan bearing Victorian Registration Plates 1JR2AX ('Passat'). At the same time, the Ford Ranger containing the four of you was travelling west along Howitt Street. Mr Harris said that the people in the Passat owed him money. He conducted a U-turn at the intersection of Howitt Street and Creswick Road. At the time, Mr Harris was the driver, you were seated in the front passenger seat, Mr Cakebread was seated in the rear driver's side and Mr Stephens was seated in the rear passenger seat.
10
Mr Harris accelerated rapidly in an attempt to catch the Passat driven by
Mr Pickering. As the Ford Ranger approached the Passat on Howitt Street,
Mr Harris activated the vehicle's driving lights and then rammed the Passat to the rear. This caused Mr Pickering to accelerate rapidly in an attempt to flee the Ford Ranger continuing to travel east along Howitt Street then north along Doveton Street towards the Ballarat North Police Station.
11The Ford Ranger rammed the Passat again on Doveton Street, then again outside the Ballarat Specialist School which caused the Passat to spin and stall. Due to there being no police at the Ballarat North Police Station at the time, after a number of attempts, Mr Pickering restarted his Passat and fled back east along Norman Street to try and get to the Ballarat Police Station.
12Ms Kondratiew contacted 000 and reported the incident. Mr Pickering drove his Passat through the wrong side of the roundabout at the intersection of Doveton Street and Norman Street during which the Ford Ranger again rammed them. Mr Pickering drove south along Doveton Street and turned onto Howitt Street and then cut the roundabout at the intersection of Howitt Street and Lydiard Street. When Mr Pickering was driving through this roundabout, Mr Harris rammed the Passat from behind causing Mr Pickering to lose control of his vehicle. Mr Pickering then continued to travel south along Lydiard Street during which time the Ford Ranger continued to ram them multiple times.
13As Mr Pickering was approaching the railway line outside the Ballarat Train Station, the Ford Ranger drove to the right hand side of the Volkswagen, on the wrong side of the road, blocking Mr Pickering's escape. Mr Pickering identified that the boom gates were down and he stopped. Mr Harris then rammed the driver's door of the Passat causing the airbags to activate and windows to smash. Mr Harris conducted a U-turn pulling up facing the front of the Passat with their driving lights on.
14Once stationary, you approached the driver's window and Mr Cakebread approached the front passenger window. Mr Harris and Mr Stephens remained in the vehicle. Both you and Mr Cakebread were armed with knives. As you approached the driver's window, you stabbed the curtain airbags several times to gain access to Mr Pickering's car. Mr Pickering climbed into the backseat to avoid being stabbed by you.
15Mr Cakebread then yelled at Ms Kondratiew, 'give me all the drugs and money youse have'. Whilst Mr Cakebread was holding a knife approximately two rulers' lengths away from Ms Kondratiew, he demanded her mobile phone to which she stated that she had called the police.
16
At this point, you climbed into the driver's seat of the Passat and stabbed
Mr Pickering once to the right of the chest and once to the back. Mr Pickering fled out the rear passenger door and ran south along Lydiard Street.
17Mr Cakebread then stole a black leather Mimco hip bag containing personal cards in the name of Ms Kondratiew, a large black Nike bag containing female clothing, makeup, shoes, and a Cloud 9 hair straightener. This property belonged to Ms Kondratiew. You and Mr Cakebread returned to the stolen Ranger and fled north along Lydiard Street.
18
Police attended the scene soon after and spoke with Ms Kondratiew.
Mr Pickering soon after presented at Bakery Hill McDonald's, where he alerted staff that he had been stabbed and police were called. Mr Pickering was transported by ambulance to the Ballarat Base Hospital.
19Mr Pickering sustained at least two wounds to his right chest and a right sided pneumothorax (punctured lung). The pneumothorax showed signs of a tension pneumothorax which is a life-threatening condition caused by air being drawn into the chest on inhalation but unable to escape upon exhalation. This requires urgent intervention by way of the insertion of a chest drain to prevent death. It is these facts that relate to Charge 3, recklessly cause serious injury.
20You provided a 'no comment' record of interview at Malmsbury Youth Justice Centre on 30 June 2020.
Indictment L11261161.1
21The co-accused in relation to the second indictment are Jarrod Cakebread and Wade Turner.
Charge 1
22At approximately 5 pm on 12 May 2020, Ross Coventry parked his grey Holden Captiva, bearing registration ZOY 414, at the front of his house at 18 Swindons Avenue, Lake Gardens.
23At approximately 10.40 am on 13 May 2020, Mr Coventry was notified by his wife that the vehicle was gone. Mr Coventry subsequently contacted the police to report the vehicle as stolen.
24On 15 May 2020, the vehicle was located by police on Combs Street, Soldiers Hill and your fingerprints were identified on the front of a handbook located inside the vehicle. It is these facts that relate to Charge 1, theft of motor vehicle.
Charges 2 - 4
25At approximately 10 pm on 18 May 2020, Shaktivel Palanviel parked his black Toyota Kluger ('Kluger'), bearing registration 1N1 8XB, in the driveway of
42 Signature Drive, Alfredton.26At approximately 7.20 am on 19 May 2020, Mr Palanviel went to the driveway and discovered the vehicle was gone. Mr Palanviel subsequently contacted the police to report his vehicle as stolen.
27At 9.04 am on 19 May 2020, you drove the Kluger into the Shell Coles Express service station located at 9389 Western Highway, Warrenheip. It is these facts that relate to Charge 2, theft of motor vehicle.
28At approximately 5.20 pm you drove the Kluger into the carpark of Kirralee nursing home, located at 207 Richards Street, Ballarat East. You parked the Kluger next to parked vehicles in the carpark. Mr Cakebread exited the vehicle and removed registration plate bearing registration AIW 855, from a white Hyundai i30, belonging to Deborah Elford. Mr Cakebread then walked back to the Kluger and put the registration plate into the vehicle.
29You got out of the Kluger while Mr Cakebread walked to another vehicle and removed a registration plate, bearing registration YEP 387, from an orange Ford Falcon Sedan, belonging to Amber Higham. The two of you returned to the Kluger with the registration plate and you drove away. It is these facts that relate to Charges 3 and 4, theft of registration plates and Summary Charge 5, driving whilst disqualified.
Charges 5 and 6
30At approximately 5 pm on 21 May 2020, Elizabeth Huber parked her Grey Nissan Pulsar sedan (‘Pulsar’), bearing registration 1JO 1JN, at the front of her address on King Street, Ballarat East. At approximately 6 pm, Ms Huber looked out the front of her house and observed her Pulsar to be gone.
31At 9.10 pm on 22 May 2020, you drove the Pulsar into the Caltex Service station located at 76-78 Albert Street, Sebastopol and parked at pump 7 of the service station. It is these facts that relate to Charge 5, theft of motor vehicle and summary Charge 10, driving while disqualified.
32Mr Cakebread exited the vehicle and put 31.2 litres of premium unleaded fuel, valued at $35.22 into the Pulsar. He then returned to the vehicle and you drove out of the service station making no payment for the fuel. It is these facts that relate to Charge 6, theft of petrol.
Charge 7
33At approximately 4 pm on 24 May 2020, Katherine Watt parked her red Suzuki Swift (‘Swift’), bearing registration 1MM2EH, at the residential carpark at Federation University Mount Helen campus.
34At approximately 12.30 am on 25 May 2020, Ms Watt received a call from her friend who was sitting near the carpark where Ms Watts' car was parked and advised she saw it driven away.
35Ms Watt attended the carpark where her vehicle had been parked and observed a lot of glass on the ground. Ms Watt's car was subsequently reported to the police as stolen. On 28 May 2020, the Swift was located by police and a palm print belonging to you was identified on the rear vision mirror. It is these facts that relate to Charge 7, theft of motor vehicle.
Charges 8 to 11
36On 25 May 2020, Jason Randall gave permission for his son to use his Holden Commodore sedan ('Commodore'), bearing registration ZPZ 696. Mr Randal's son drove the car from his home address to his work at 55 Canopy Avenue, Alfredton and parked the vehicle at approximately 12.30 pm.
37At approximately 2.30 pm, Mr Randall received a phone call from his son who advised the car had been stolen. Mr Randall subsequently reported the Commodore as stolen to the police.
38At approximately 7.45 pm on 25 May 2020, police officers were informed that the stolen Commodore was sighted at the Victoria Bowls Club carpark, located at 231 Victoria Street, Ballarat East. The police officers formulated a plan to approach the stolen motor vehicle and arrest the offenders.
39Detective Senior Constable Aggett together with Sergeant Brent McGuire, Detective Senior Constable Mark Howard and Senior Constable Hildebrand entered the carpark in an unmarked police vehicle with emergency lights activated. Detective Senior Constable Aggett drove to the right of a dividing median strip in the carpark. An unmarked police vehicle followed Detective Senior Constable Aggett's vehicle into the carpark and Detective Senior Constable Canny subsequently entered the carpark in an unmarked police vehicle with emergency lights activated.
40Detective Senior Constable Aggett observed the Commodore in the carpark and a blue Ford Kuga, bearing registration 1IH2R, reversed parked and on fire. The Kuga belonged to Vanessa Jackson and the vehicle sustained significant damage. It is these facts that relate to Charge 9, arson. Your role in this arson cannot be proven and the charge is put on the basis of complicity.
41You, Mr Cakebread, and Mr Turner ran to and entered the Commodore. You subsequently reversed at speed. Detective Senior Constable Aggett drove towards the Commodore and observed you driving the Commodore.
42Detective Senior Constable Aggett stopped the police vehicle as you continued reversing. You stopped and accelerated directly at speed towards the police vehicle, forcing Detective Senior Constable Aggett to take evasive action by swerving to the right. You continued driving directly at the police vehicle, swerving late and narrowly missing the police vehicle as a result of the evasive action taken. By driving the vehicle in this manner, you exposed Detective Senior Constable Aggett to a risk to safety.
43Detective Senior Constable Canny observed you driving towards his police vehicle and immediately took evasive action, deviating approximately 5 metres to the right. You did not slow down and passed to the left of the police vehicle, narrowly missing the police vehicle as a result of the evasive action taken. By driving the vehicle in this manner, you exposed Detective Senior Constable Canny to a risk to safety. It is these facts that relate to Charge 10, aggravated reckless exposure of an emergency worker to risk by driving.
44You left the carpark and drove onto Stawell Street and continued travelling in a southerly direction.
45At 8.33 pm, a traffic camera located on the Princes Freeway at Avalon Road Bridge captured the Commodore travelling at 199km/h. The speed limit on the Princess Freeway is 100km/h.
46At approximately 9.10 pm, Senior Constable Telford, Senior Constable Gauci and Sergeant Payne were in a police vehicle stationary at the intersection of Morris Road and Heaths Road in Werribee. The police officers observed the Commodore drive through the intersection travelling east towards Old Geelong Road in Werribee at a high rate of speed. The police officers also observed sparks coming from the rear passenger wheel of the Commodore and that there were no headlights on.
47Sergeant Payne commenced following the Commodore which entered the Princess Freeway and exited the freeway at Hoppers Crossing.
48The officers observed the vehicle to drive erratically, at high rate of speed and with sparks emitting from the rear passenger wheel along Boardwalk Boulevard, Dunning's Road, and Hackett's Road in Point Cook.
49The officers observed the Commodore to be dumped in the vicinity of
Reeves Street, Point Cook with three males exiting and running from the car. The Commodore was observed to be missing a wheel. It is these facts that relate to Charge 8, theft of motor vehicle.50By driving the Commodore in excess of the speed limit and with a missing wheel you put other road users at risk of serious injury, including the police. It is these facts that relate to Charge 11, conduct endangering persons.
51Senior Constable Telford and Senior Constable Gauci followed, intercepted and arrested you as you entered a driveway on Reeves Street in Point Cook.
52You were transported to the Ballarat police station and provided a 'no comment' record of interview.
Nature and gravity of the offending
53
Dealing with the first indictment, considering the offending as a whole, the incident reflects very serious and frightening criminal conduct. You were in a stolen car that was used to chase and ram the victim's car a number of times with the intention of stopping the car. While that conduct would have been extremely frightening, you, together with your co-offender then ran to the victim's car both armed with knives, demands were made, and the armed robbery took place. At that point, rather than remaining outside the car, you entered after the Mr Pickering had retreated to the rear seat to avoid being stabbed. Your
co-offender continued to make demands of Ms Kondratiew. You then stabbed Mr Pickering in the chest and back ultimately causing the serious injury as described.
54In all the circumstances in my view the armed robbery can only be viewed as a serious example of armed robbery in company, and your stabbing of the victim represents a gratuitous, cowardly, and unnecessary act on your part. You stated to your psychologist that you did not have a grudge against the victim, and you accepted the seriousness of your conduct when you stated, 'one hundred percent I could have just taken his life. Just stupid'.
55
The offending that relates to the second indictment covers the period of 12 May to 25 May 2020, thereby overlapping with the offending in relation to the first indictment. The offending represents a series of car thefts and the burning of one of those cars culminating in a confrontation with police, exposing two officers to risk by your driving, followed by driving at dangerous speed on the
Princess Freeway. While the motor vehicle thefts are serious offences, the most serious offending on this indictment is the conduct of driving at the police vehicle and then driving on the freeway at a very dangerous speed. No police officer or member of the public was injured although your counsel conceded that the conduct involving the police would have been frightening, and in my view, is a relatively serious example of the offence.
56Generally, your offending in relation to both indictments demonstrates that you were, together with others, effectively on a criminal rampage over a two week period resulting in serious criminal conduct.
57Victim impact statements were prepared by Ross Coventary, Shaktivel Palanviel and Deborah Elford. Mr Coventary and Mr Palanviel had their vehicles stolen while Ms Elford had her number plate stolen. Each of the victims speak of the enormous inconvenience of dealing with insurance companies and the time taken. While these types of crimes may not be at the higher end of the scale, the victim impact statements demonstrate the direct impact on victims and flow on effects of losing a vehicle. For example, Mr Palanviel notes that he had to rent a car while dealing with the insurance company and at the end of the process, was some $4000 out of pocket. He also lost work and pay as he did not have a vehicle for some days.
58I have taken the contents of the victim impact statements into account.
Personal circumstances
59You are 19 years of age. You were raised solely by your mother in Ballarat. You have an older half-brother and a younger half-sister. You had no relationship with your father who has since repartnered and has two children.
60Your home life was incredibly challenging as your mother was under financial strain, experienced mental health issues, and had problematic relationships with new partners who were abusive. Child Protection Services were involved at times.
61You attended Wendouree Primary School. When you were seven, your family was the victim of a home invasion and your mother was assaulted and injured by the offenders. Witnessing this crime was understandably a seminal moment in your childhood and you developed anxiety and a form of post-traumatic stress disorder that will be discussed further below. Your family moved to Creswick after the incident and you completed your primary education at Creswick Primary School.
62You were enrolled at Phoenix Secondary School however you rarely attended as you found it difficult concentrating and engaging in mainstream education. You also tended to associate with older negative peers, and you got in trouble for minor transgressions. You have never been employed but have assisted friends with working on cars. You have a passion for cars and hands on work such as carpentry.
63In 2014 at around the age of 12 you began associating with a problematic peer group, committing offences and becoming involved in the criminal justice system. At the age of 14 you began drinking alcohol and using cannabis. Your substance use continued to escalate, and you were using ice regularly, as well as GHB and ecstasy, prior to entering custody. You were released on parole for prior offending in April 2020 and leading up to this offending, you were spending time with a group of older men who had recently been released from prison. Your then girlfriend was also using ice. You had left the family home and were living in hotels and couch surfing as a result of your mother returning to drug use.
64In recent times you began rebuilding a relationship with your father. He is supportive of you and you have had regular contact with him via phone and mail. Your father has offered for you to live with him on his farm after your release from custody. Your contact with your mother is limited as she has is struggling with substance use and mental health issues. Your mother observed the plea hearing remotely in support of you.
65Since being in custody you have completed a number of courses, engaged with mental health counsellors, and worked on improving your fitness. You also have regular meetings with your Youth Justice Case Manager, Orygen clinicians, and other members of your care team. When you became a remand detainee, however, your mobility and access to programs and facilities has been limited. The pandemic has also restricted your ability to attend programs. You are currently attending classes at Parkville College where you are enrolled in VCAL. Due to your remand status only a select number of subjects are available to you.
66A report was prepared by Ian Mackinnon, consultant psychologist and tendered on the plea. Mr Mackinnon assessed you and is of the opinion that your intelligence falls within the normal adult range. He is also of the view that you suffer with a chronic complex post traumatic stress disorder (‘CPTSD’) which is a type of post traumatic stress disorder that arises in response to multiple traumas occurring during the person's formative years, rather than one acute event. In Mr Mackinnon’s opinion, the primary antecedent to your CPTSD is the home invasion you were exposed to when you were seven years of age, witnessing your mother being assaulted, and conveyed to hospital in a near fatal condition. That event, together with parental neglect, domestic violence, your mother's substance abuse, and her association with antisocial and criminal individuals added to your CPTSD.
67In a report tended from Orygen, the service that provides you with psychiatric treatment in custody, it is noted that you suffer from PTSD, substance use disorder, general anxiety disorder, self harm and affective instability (in custody only). You have attended weekly appointments with the Orygen clinicians for the past 12 months and have built a strong relationship with your treating team.
68
A pre-sentence report was prepared in relation to your suitability for a
youth justice centre order. It is a detailed report that provides information in relation to your involvement in the justice system, which commenced in 2014 when you were 12 years old. By 2016 you were placed on a youth supervision order and by mid-2019 you were remanded in custody for the first time. You have since that time been sentenced to terms of detention on a number of occasions. In the past 12 months you have been housed at the Malmsbury Youth Justice Precinct and involved in programs and treatment as outlined above. The writers note that you present with a willingness to engage in counselling sessions.
69While on the one hand your involvement in programs while in detention is positive, the report also states that you continue to display negative behaviours in the custodial setting. The report states that since November 2020 you have been involved in nine incidents relating to dangerous behaviours, property damage and client assaults. One of those incidents occurred on 4 March 2021, where it is alleged that you with others assaulted another young person resulting in the victim being transported to hospital with a fractured nose. You have been charged in relation to that incident and will face court in November this year. It is further reported that you have been trying to incite peers and have intimidated custodial staff members to not write negative notes in relation to your suitability for a youth justice centre order. Ultimately the writers of the report found you unsuitable for a further youth justice centre order.
70You wrote a letter to the Court which was tendered on the plea. The letter is very articulate and demonstrates that you have sound insight into the links between your mental health issues and your offending behaviour. The letter also reflects that you are of sound intelligence. You speak of the goals you have for the future and your commitment to change. While I do not doubt you have a desire to change, the sentiments you express in the letter are clearly at odds with your behaviour in recent times within the custodial environment and the incidents outlined above. I hope that as you progress through the next phase of your involvement in the criminal justice system, you actively put into place the goals you outline in your letter.
Sentencing considerations
71Mr Desmond who appeared on your behalf at the plea, outlined a number of factors in mitigation. Firstly, you pleaded guilty to the offending on the first indictment in May this year after a case conference before me in circumstances where the more serious charge of intentionally cause serious injury and other charges were withdrawn. In relation to the second indictment, the matter resolved following a case management hearing and was added to the plea hearing in relation to the first indictment. A contested committal took place in relation to both indictments and victims were cross examined.
72Your pleas of guilty have utilitarian value, sparing the cost and time of two jury trials, resulting in the witnesses not being required to give evidence again and relive the events constituting the offending. I take your willingness to facilitate the course of justice as a matter in your favour. This is particularly significant in the current circumstances of the Covid-19 pandemic where the courts are now burdened with substantial delays.
73Over and above your plea of guilty, it was submitted that you have expressed genuine remorse. In your letter to the Court you express your remorse and regret for those whose lives you disrupted as a result of your offending. Mr Mackinnon observed you to be genuinely remorseful and cognisant of the serious life-threatening nature of your conduct. In my view, you are beginning to gain greater insight and understanding as to the consequences of your criminal conduct, and as such, I accept that you have demonstrated a degree of genuine remorse.
74As to your prospects of rehabilitation, it appears from the pre-sentence report that when you apply yourself, you are able to engage with the services offered and you have benefitted from those services over the time you have been in youth detention. As noted, you are gaining insight, however, you will need ongoing support to remain drug and crime free when you re-enter the community, and if you do, then in my view your prospects will greatly improve.
75As noted above you were assessed for a youth justice centre order and you were found to be unsuitable. Nonetheless, you were 18 at the time of the offending and are now 19 and as such, it was submitted that rehabilitation should, despite the seriousness of the offending, take a primary role in the sentencing discretion. While I accept the well settled principles in relation to young offenders, and that they do have application in your case, I must weigh those considerations with the seriousness of the offending in this instance.
76In Azzopardi v The Queen[1], having reviewed the established authorities in relation to young offenders, Redlich JA said:
The general propositions which flow from these authorities is that where the degree of criminality of the offences requires the sentencing objectives of deterrence, denunciation, just punishment, and protection of the community to become more prominent in the sentencing calculus, the weight to be attached to youth is correspondingly reduced. As the level of seriousness of the criminality increases, there will be a corresponding reduction in the mitigating effects of the offender's youth. But only in the circumstances of the gravest criminal offending and where there is no realistic prospect of rehabilitation may the mitigatory consideration of youth be viewed as all but extinguished.
[1] (2011) 35 VR 43 at [44].
77In my view the other relevant sentencing considerations such as general and specific deterrence, denunciation of your conduct and protection of the community must carry weight in the sentencing discretion in this instance and therefore the mitigating effect of your youth is necessarily reduced. However, as you are still a young offender, despite your extensive criminal history and the seriousness of the offending, in my view a longer than usual period of parole will offer you a level of supervision as you continue your rehabilitation, once granted parole.
78Finally, I take into account the circumstances surrounding the Covid-19 pandemic. While conditions have eased to some extent there is still a reduction of services and programs, visits are restricted, and some prisoners are experiencing increased lockdown periods. These limitations create additional burden to prisoners which I take into account.
Sentence
79Mr Blazevicius, please stand.
80Corey Blazevicius, on Indictment L1156861, on Charge 1, theft of the motor vehicle, you are convicted and sentenced to 6 months imprisonment. On Charge 2, armed robbery, you are convicted and sentenced to 3 years and 6 months imprisonment. On Charge 3, recklessly causing serious injury, you are convicted and sentenced to 4 years imprisonment. This will be the base sentence.
81
On indictment L11261161.1, on the motor vehicle theft charges, that is
Charges 1, 2, 5, 7 and 8, you are convicted and sentenced to 6 months imprisonment on each charge. On the remaining theft charges, Charges 3, 4 and 6 you are convicted and sentenced to 3 months imprisonment on each charge. On Charge 9, arson, you are convicted and sentenced to 2 years imprisonment. On Charge 10, recklessly exposing an emergency worker to risk by driving, you are convicted and sentenced to 2 years imprisonment. On Charge 11, conduct endangering persons you are convicted and sentenced to
4 months imprisonment.
82On Summary Charges 5 and 10, drive while disqualified, you are convicted and sentenced to 2 months imprisonment on each charge.
83I direct that 6 months of the sentence on Charge 2, 2 months of the sentences on Charges 1, 2, 5, 7, 8, and one month of the sentences on Charges 9, 10 and 11 be served cumulatively on each other and on Charge 3, making for a total effective sentence of 5 years and 7 months. I direct that you serve 2 years and 10 months before becoming eligible for parole.
84Pursuant to s 6AAA of the Sentencing Act 1991, if not for your plea of guilty, I would have sentenced you to 7 years imprisonment with a non-parole period 4 years.
85Pursuant to s 89(4) of the Sentencing Act 1991, you are disqualified from obtaining a driver's licence for a period of 2 years. You can take a seat.
86For the purposes of clarity, s 475 of the Children, Youth and Families Act s 475(3) states as follows:
Despite anything to the contrary in this Act, every sentence of imprisonment imposed on a person by a court must unless otherwise directed by the court at the time of pronouncing this sentence be as from the date of its commencement served concurrently with any uncompleted sentence or sentences of detention in a youth justice centre imposed on that person whether before or at the time of the relevant sentence was imposed.
87So, the intention is of course that this sentence will be concurrent with whatever is remaining on the youth justice centre order that he is serving. It is matter for the Youth Parole Board as to where and when he may be moved to adult custody.
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