Director of Public Prosecutions v Brooks

[2015] VCC 2027

IN THE COUNTY COURT OF VICTORIA Revised
Not Restricted
Suitable for Publication

AT MELBOURNE
CRIMINAL JURISDICTION

CR-14-00682

DIRECTOR OF PUBLIC PROSECUTIONS

v

LUKE BROOKS

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JUDGE:	HIS HONOUR JUDGE ALLEN
WHERE HELD:	Melbourne
DATE OF HEARING:
DATE OF SENTENCE:	13 March 2015
CASE MAY BE CITED AS:	DPP v Brooks
MEDIUM NEUTRAL CITATION:	[2015] VCC 2027

REASONS FOR SENTENCE
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Subject:
Catchwords:
Legislation Cited:
Cases Cited:
Sentence:

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms. C. Duckett	Office of Public Prosecutions
For the Accused	Ms. S. Poulter

HIS HONOUR:

1Luke Ronan Brooks, you have pleaded guilty to one charge of armed robbery, which was committed on 17 December, 2013.  You do have some previous criminal history, but they have been dealt with in the Youth Justice System because you were a younger person when you committed those offences.

2The circumstances of the offending were set out in the summary of prosecution opening which was read to the court, tendered and marked as Exhibit A.  Very briefly stated, those circumstances were as follows:

3On 17 December 2012, you were effectively couch-surfing at a friend's place in York Street, Bendigo.  A few days earlier, you had been evicted from the caravan park where you had been living, because you had been unable to pay the rent.  You had been living in that caravan park accommodation since you had earlier been released from the Youth Justice Centre, having served a term there for breaching your parole. 

4I gather from everything that I have read, that at the time you were living in the caravan park, your life had fallen to pieces.  As a result of a combination of circumstances which I will describe soon, you relapsed into alcohol and drug abuse.  The drug abuse involved both heroin and ice. 

5At the house in York Street, you and some people who you were staying with, had all run out of money.  Someone suggested that you should commit an armed robbery.  You have described yourself to various people who have assessed you, as being easily led.  They thought it was a good idea that you should commit the armed robbery, and you did it.  You put on a black balaclava with some gloves, got a knife, and you went into a convenience store in Williamson Street, Bendigo.  You approached the lone staff member and demanded that he open the till, which he did.  You then removed all of the notes from the till, totalling about $650 in cash, and fled.  You went back to the house where you were staying with these so-called friends.  They took the money from you; you got nothing, although they probably shared with you some of the drugs that they bought.

6Later that morning you were arrested by the police.  Two of your other associates had told the police that you had confessed to them about committing this armed robbery.  When the police arrested and interviewed you, you denied that you were involved in the armed robbery.  You were remanded in custody.  You spent some time in the Bendigo cells at the police station. 

7OFFENDER:  Two days, Your Honour.

8HIS HONOUR:  Two days, thanks very much. 

9OFFENDER:  I went to the Melbourne Custody Centre.

10HIS HONOUR:  All right.  While you were at the Bendigo Police Station, the police decided to put a covert operative - who called himself Tommy, an undercover police member - in the cell with you to see what he could find out.  As they expected, you quickly struck up a friendship with that person and began telling that person about the armed robbery you had committed.  Not only did you make admissions to having committed the armed robbery, but you completely sensationalised it, dramatically over-stating what had occurred.  For example, you told this man that you had stolen $16,000, not $650, and that in addition to armed robbery, you had been charged with false imprisonment of the shop assistant.  These things were not true.  It is indicative of your state of mind at the time, that you were carrying on in this way. 

11In any event, when the matters reached court, to your credit, you indicated your intention to plead guilty to this charge of armed robbery at the committal mention hearing, which was held on 16 April 2014. 

12You have now been in custody for a very long time.  I think it is 450 days since you were arrested on 17 December 2013.  You were aged 23 when you committed this offence.  You had never been in an adult gaol before.   The circumstances of your imprisonment whilst on remand over the last 16 months have been unusually harsh, by virtue of a number of circumstances. First, you are young and it was your first time an adult gaol. Secondly, you suffer from an intellectual disability and, you are, by nature, unusually immature for your age. Thirdly, by reason of an earlier offence you had committed, you were held in protective custody for your own protection, and finally, you have been assaulted on several occasions since being remanded.

13The first assault occurred some months ago and required surgery. When you appeared here in front of me the other day, you had obvious injuries to your face, and you still do, as a result of a more recent assault.  The first assault was a very serious one, involving someone knocking you to the ground and stomping on your face.  From the injuries that I have seen on your face, the more recent assault has not been as serious, but nevertheless, is significant in nature.  So you have done the time hard, and I take that into account. 

14When you appeared first before me on 8 August 2014, at the County Court at Bendigo, a number of documents were tendered in support of the plea in mitigation.  Exhibit 1 was a client overview report by Mr Rick Price from Disability Client Services.  Mr Price is to be complimented on his outstanding commitment to you and your case, and the excellent work he has done with you. 

15OFFENDER:  Yes, Your Honour.  Yes, I want to thank him for that too.  I'm really appreciative.

16HIS HONOUR:  So is the community.  His report told me quite a bit about your circumstances and, in particular, confirmed that you had been assessed as suitable for Disability Services back in 2008 when you were aged 18. 

17Also tendered on that occasion, was a comprehensive psychological report from the very experienced Forensic Psychologist, Pamela Matthews.  It was a very helpful report.  Amongst other things, in that report, Ms Matthews referred to the need for you to be provided with structured, staffed accommodation in which you will receive day-to-day supervision and support, particularly for the delivery of your psychotropic medication.  This was necessary in light of your complex history, your personal difficulties, your intellectual disability, and your diagnosis of bipolar disorder.

18OFFENDER:  And personality disorder.

19HIS HONOUR:  And personality disorder.

20OFFENDER:  And borderline anti-social personality disorder.

21HIS HONOUR:  Yes.  All right, well I thank you for reminding me of that.  I accepted the opinion, then, of Ms Matthews, that without such supports, you are likely both to fail and to fall back into your only coping mechanisms, which are drug use, and then the support of criminal associates within the local drug community, and eventually committing crime yourself and ending up back in custody.  In essence, Mr Price agreed with that assessment; that is, the need for you to have supported accommodation - staffed accommodation.

22Since August last year, efforts have been made, diligent efforts by your legal team, and in particular by Mr Price, to locate such accommodation for you.  I think you have been back before me on at least two further occasions, when I have been brought up to date as to the difficulties. 

23OFFENDER:  No, it's five, Your Honour.

24HIS HONOUR:  Five.  Thank you. 

25OFFENDER:  They probably didn't understand the accommodation was ready and it hasn't been.

26HIS HONOUR:  And it has not been, and you indicated to me previously you did not want to be released until the accommodation was found.  By Monday, or earlier this week, whenever it was, I have lost track of the days.

27OFFENDER:  Wednesday.

28HIS HONOUR:  Wednesday - you changed your mind as a result of the assault you had suffered.  You wanted to get out of there, so I released you on bail. 

29OFFENDER:  On the 23rd I will be entering that supported accommodation.

30HIS HONOUR:  Yes, I know. 

31OFFENDER:  And I'm receiving day to day support from Rick Price and my case manager that I have - that's at the house.  I move in on 23rd.

32HIS HONOUR:  All right, well I was going to say that having read those reports, I ordered further reports, which have now been received.  I should mark them as exhibits so they stay on the file.  There was a full pre-sentence report, which is dated 19 September 2014, written by Linda Moore from Corrections Victoria.   I have now also received a Justice Plan, dated 22 August 2014, prepared by Mr Price. 

33##E#EXHIBIT 4 -    Pre-sentence report by Linda Moore, Corrections Victoria, dated 19/9/14.

34##E#EXHIBIT 5 -    Justice Plan from Disability Client Services, dated 22/8/14.

35The details of your family background and personal circumstances are set out in the report.  Very briefly summarised, you are the eldest of three children.  Apparently you had a happy early childhood on the Mornington Peninsula, although it was marred by serious educational difficulties.  These emerged at primary school.  You revealed both learning and behavioural problems as a small child.  Those problems continued into your high school years and you ended up completing your education at the Mount Martha Community House, where you commenced a Certificate II, in General Education for Adults, but never finished it.

36OFFENDER:  (Indistinct).

37HIS HONOUR:  At one stage after your parents separated your mother was not able to cope with you. You were put into residential care by the Department of Human Services and, later, into a foster home.  You got on very well with the family in the foster home but, unfortunately, that came to an end because you started using drugs, and that was the end of that.  At one stage you had an Apprenticeship.  That only lasted five weeks and came to an end because of your behaviour and drug problems. 

38So, you have had tremendous difficulties, many of them through no fault of your own.  I am not going to go on in comprehensive detail.  The circumstances of your extremely problematic background, of your triple diagnosis, of your problems with drug and alcohol abuse, which are no doubt largely about self-medicating due to your intellectual, psychiatric and psychological problems. You have clearly had immense difficulties. 

39You probably should not have been held in gaol as long as you have been, bearing in mind those difficulties, but you have been.  I am going to release you on a Community Corrections Order.  It is very important that you stick to that order.

40OFFENDER:  Yes, Your Honour.

41HIS HONOUR:  It has been a nightmare for you, this gaol time, hasn't it?

42OFFENDER:  Yes.

43HIS HONOUR:  You have been isolated.  You have been bashed.  You have required operations.  It has been hell.

44OFFENDER:  Yep.

45HIS HONOUR:  And you know, the only way to stop going back there, is to follow all the advice you get from Mr Price and everyone else, and to stay on your medication. 

46OFFENDER:  Of course, Your Honour.

47HIS HONOUR:  Stay in the supportive accommodation. 

48OFFENDER:  Of course.

49HIS HONOUR:  Do not use drugs.

50OFFENDER:  Yes.

51HIS HONOUR:  And stay away from those troublemakers. 

52OFFENDER:  Yes, Your Honour.

53HIS HONOUR:  All right.  I am going to sentence you to be imprisoned on the charge of Armed Robbery, you are convicted and sentenced for 450 days.  You have already served that time. Together with that sentence you will be released on a Community Corrections Order for a period of two years.  The order has special conditions: that you be under the supervision of a Community Corrections officer for two years.  You will have two workers, a Community Corrections worker and Mr Price, your case worker. So you have got tremendous support haven't you? 

54OFFENDER:  Yes, exactly and I'm going to utilise my support this time and not - - -

55HIS HONOUR:  Not blow it.

56OFFENDER:  Yes, not - not yeah, I'm going to utilise it.

57HIS HONOUR:  Good. 

58OFFENDER:  In the previous, I haven't, but - - - -

59HIS HONOUR:  You will this time.  You will be required, as another special condition, to undergo assessment and treatment in relation to drug abuse, assessment and treatment in relation to alcohol abuse, mental health assessment and treatment, and you will be required to participate in programs and courses designed to address the factors relating to your offending.  Do you understand these things?

60OFFENDER:  Yes, Your Honour.

61HIS HONOUR:  You must also attend for Judicial Monitoring.

62OFFENDER:  Yes.

63HIS HONOUR:  It is not the last you have seen of me.  Our relationship continues. 

64OFFENDER:  Yes.

65HIS HONOUR:  So I will be seeing you on 7 May at 10 am.

66OFFENDER:  Yes.

67HIS HONOUR:  Here in Melbourne.

68OFFENDER:  Beautiful.

69HIS HONOUR:  Yes.  All right, so you will need to make sure you make proper arrangements to get down here.  That will be for Judicial Monitoring.  You will also be required, as a condition of the Community Corrections Order, to comply with the provisions of the Justice Plan that has been provided and prepared by Mr Price.  Do you understand that? 

70OFFENDER:  Yes.

71HIS HONOUR:  One of the conditions of that, in turn, is that you reside as directed, by Disability Services.  It is not a specific condition of this order, but I am ordering you comply with the Justice Plan and that, in turn, requires you to reside, as they direct you to reside – for example, where and when you will move and go to places that they think are suitable for you.  Do you understand that?

72OFFENDER:  Yes, Your Honour.

73HIS HONOUR:  So they tell you, on 23 March you have got to go here now, and if that does not work out, they find you something else, and you have got to go there.  Do you understand?

74OFFENDER:  Yes, Your Honour.

75HIS HONOUR:  Unfortunately for the next two years, they are in charge of where you live, not you. 

76OFFENDER:  That's beautiful, Your Honour.

77HIS HONOUR:  It is better than being in gaol for the next two years, isn't it?

78OFFENDER:  Yes.

79HIS HONOUR:  Yes.  All right, so I will ask you now to - you can come forward because you are on bail.  Come forward and sit next to Mr Price and you will be asked to sign this Community Corrections Order.  Is it necessary to make any other orders, Ms Duckett?

80MS DUCKETT:  No, there were no other orders. 

81HIS HONOUR: I will make a s.6AAA declaration, because I am required to.

82MS DUCKETT:  And that is about it.

83HIS HONOUR:  That is it?

84MS DUCKETT:  Yes, there's no other forensic orders or - - -

85HIS HONOUR:  No 464ZF?

86MS DUCKETT:  No - otherwise required.

87HIS HONOUR: All right. I declare pursuant to s.6AAA of the Sentencing Act, that but for your plea of guilty, I would have sentenced you to be imprisoned for 18 months, with a Community Corrections Order. 

88OFFENDER:  What do you mean, Your Honour?

89HIS HONOUR:  You have pleaded guilty so you have got a discount.

90OFFENDER:  Yep. 

91HIS HONOUR:  I am just letting you know what the discount was.

92OFFENDER:  Beautiful, Your Honour.

93HIS HONOUR:  All right?  Good luck Mr Brooks.

94OFFENDER:  Thank you, Your Honour.

95HIS HONOUR:  I look forward to seeing you again in May and I look forward to reading about the progress you have made. 

96OFFENDER:  Yes, thank you, Your Honour.  I will make very good - I will make progress. 

97HIS HONOUR:  Good, all right.  Good.  Thanks so much.  Thanks Mr Price again.  Thanks to counsel.  Ms Poulter, excellent presentation of your client's case, and for your fairness - as always - and balance, Ms Duckett, as a prosecutor.  Thank you for your assistance.  Thanks very much.  I will just leave the Bench.  Thanks.

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