Director of Public Prosecutions v Brumby
[2012] VCC 1837
•14 November 2012
| IN THE COUNTY COURT OF VICTORIA | Revised Not Restricted Suitable for Publication |
AT MELBOURNE
CRIMINAL DIVISION
Case No. CR-12-01772
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| DREW ANTHONY BRUMBY |
---
JUDGE: | HER HONOUR JUDGE CANNON | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 7 November 2012 | |
DATE OF SENTENCE: | 14 November 2012 | |
CASE MAY BE CITED AS: | DPP v Brumby | |
MEDIUM NEUTRAL CITATION: | [2012] VCC 1837 | |
REASONS FOR SENTENCE
---
Subject: CRIMINAL LAW
Catchwords: Sentence – pleas of guilty – theft – intentionally causing injury- armed robbery – handling stolen goods – summary driving offences - young offender – significant criminal history and significant offending – low cognitive functioning – history of drug and alcohol abuse - protection of the community
Sentence: Total Effective Sentence of 5 years’ imprisonment with a non-parole period of 3 years’ imprisonment – Pre-sentence detention 133 days – s.6AAA Sentencing Act 1991 – Ancillary Order Disposal
---
APPEARANCES: | Counsel | Solicitors |
| For the Director of Public Prosecutions | Ms L. Plummal | Solicitor for Office Public Prosecutions |
| For the Accused | Mr C. Baker | Pica Lawyers |
HER HONOUR:
1 Drew Anthony Brumby, you have pleaded guilty to three charges of theft and one charge of each of the following offences:
2 Intentionally causing injury
3 Attempted armed robbery.
4 Armed robbery.
5 Handling stolen goods.
6 Further, you have pleaded guilty to two summary offences of driving while unlicensed, these matters were uplifted from the Magistrates’ Court.
7 The maximum penalties for the offences are as follows:
8 Theft – ten years.
9 Intentionally causing injury – ten years.
10 Attempted armed robbery – twenty years.
11 Armed robbery – twenty-five years.
12 Handling stolen goods – fifteen years.
13 Driving whilst unlicensed, twenty-five penalty units or three months' imprisonment.
14 Further, I am required to impose a period of disqualification from obtaining a licence in respect of the thefts where you have stolen a motor vehicle.
15 The learned prosecutor opened the matter as follows:
16 I was told that you were born on 26 November 1991 and at the time of the offences, you were 20 years old. The learned prosecutor said that at the time of the offences you were either living with your mother in Kensington or staying with friends in the Werribee/Laverton area. Your counsel said that at the time of the offending, you had left your home and were therefore not living with your mother.
Charges 1 and 2
17 The facts which give rise to Charges 1 and 2 are that on 24 June 2012, at about 4.00 pm, you and a male friend attended a Bunnings Warehouse store in Geelong Road, Hoppers Crossing. A loss prevention officer, Matthew Taliana, saw you select a petrol syphon hose in the garden department. You took the hose from a box and handed it to your friend. The packaging was replaced on the shelf. Then you and your friend left the store with the hose and without paying for this.
18 Mr Taliana introduced himself as a loss prevention officer and produced identification. He placed your companion, a Patrick Hynes, under arrest and as he was cautioning him, you said: "Fuck off and leave him alone”.
19 Mr Taliana asked you to move away but you became aggressive and removed an Irwin shifter from your pants. You struck Mr Taliana to the left side of his forehead and then ran in an easterly direction along Old Geelong Road.
20 As a result of the blow, Mr Taliana suffered a laceration which bled profusely, causing considerable pain. He attended the Hoppers Crossing Medical Clinic where a doctor observed a one centimetre cut over his left forehead, and cleaned it with antiseptic and then glued the skin together and covered it with steristrips. He was given an ADT injection. Photos of his injury were tendered on the plea.
21 The hose was worth $58.90 and the theft was captured on CCTV footage which was provided to the police.
Charge 3
22 The basis for Charge 3 is that on 25 June this year, a Zeus Wharerau parked his Subaru Impreza at the Sunshine Plaza car park at about 9.30 am. When he returned at about midday, the car was gone.
23 On this day, you were the subject of a surveillance unit operation and were observed loitering in the Sunshine Plaza car park area with other male associates. You were seen to get into the car and drive away. It was unclear as to how you managed to open the driver’s side door, as the owner was sure he had locked the car. The vehicle was later recovered from a street in Laverton.
Charges 4, 5 and 6
24 The facts alleged which give rise to Charges4, 5 and 6 are that on 3 July 2102, a Vanessa Moffit was at her home in Hoppers Crossing with her Holden Commodore parked in the driveway. At about 2.10 am, she noticed lights coming through her front window and heard some noises outside. She looked outside to see that her car was missing.
25 That same day at about 11.25 am, you were observed by a member of the state surveillance team to walk to the stolen Holden Commodore, which belonged to Moffit. The car was parked in Market Street, Kensington about 20 metres from where you were living. You were observed to enter the driver’s seat.
26 At 12.30 pm that day, you entered a milk bar on the corner of Morphett Avenue and Charles Street, Ascot Vale, where the victim, Min Lu, was working. She was out the back when she heard the front door bell sound. When she walked into the shop, she saw you. Your face was covered with some material across the top of your nose, but leaving your eyes visible. She also saw that you were holding a meat cleaver. You shouted, “Money, money”. Ms Lu grabbed your arm with the meat cleaver in it and pushed it away. She then ran behind the counter and activated an alarm. You then ran outside. Ms Lu ran outside and saw you driving away. She reported the matter to police and she said that she was very scared by the incident in her statement. She made a victim impact statement to which I will refer in due course, which enlarges upon how she felt at that time, and how she now continues to suffer.
27 As you were still the subject of surveillance, you were photographed running from the stolen Holden Commodore into Ms Lu’s milk bar and exiting shortly thereafter, carrying a meat cleaver and a plastic bag.
28 You were then seen driving the stolen Commodore away from the milk bar, you were the sole occupant of the car.
29 About ten minutes later, you were seen stopping outside another milk bar located on the corner of Eglinton Street and Lennox Street, Moonee Ponds. You were seen to exit the car and run into the milk bar. Working in the milk bar at that time was Yoahui Chen, who was aged 79 years.
30 Mr Chen’s daughter owned the shop and he worked there from time to time. When you entered, he was working alone. You pointed at the cash register and were holding a meat cleaver in your right hand. You raised the meat cleaver and Mr Chen moved backwards into the private area of the shop. You then stole the cash register.
31 When you entered the milk bar, the owner happened to be seated in a car on the other side of the street. She saw you threatening her father with the meat cleaver and approached the doorway of the shop. She backed away as you left the shop with the cash register. You then removed the draw from the cash register, taking it with you as you got into the stolen Commodore. You then drove away at speed. It was estimated that the cash register may have contained between $200 and $500.
32 Your actions in running into and out of the milk bar were captured by surveillance members and photographed.
33 You were then seen to drive to Liddy Street, Kensington and exit the stolen car carrying a plastic bag with a “Footlockers” brand on it.
34 You were seen a short time later to re-enter the stolen car in Liddy Street and to drive it to another location. You were then seen driving the car around with a male associate, a Matthew Jeffrey. The car was eventually left in Freemasons Road, Altona North. Police found the stolen cash till inside the car.
35 At 1.40 pm, you were arrested by Special Operations Group (“SOG”) members as you were walking in company with another male along Primula Avenue, Brooklyn. You were searched at the time and found to have $490 in your possession.
36 You were interviewed at the Altona North Police Station and remained silent for most the interview.
37 A search was conducted at your premises at 52 Market Street, Altona North, where police found a meat cleaver secreted under a mattress.
Charge 7
38 The basis for Charge 7 is that a mobile phone which was found in your possession was identified by police as having been stolen from a car on
20 June 2012.
39 As a result of surveillance, investigators had photographic evidence of you wearing the same top when committing offences on 24 and 25 June, as well as 3 July 2012.
Uplifted Summary Offences
40 In relation to the two summary offences which were uplifted from the Magistrates' Court, the basis for these is that on the two occasions that you were driving stolen vehicles, being 24 June and 3 July 2012, you were doing so while unlicensed as you never held a driver’s licence.
41 I was told that you pleaded guilty at the earliest opportunity, being committal mention on 26 September 2012. You remained in custody for the offences since your arrest on 3 July 2012 and as at today's date I understand you have been in custody for a period of 133 days.
42 When asked as to why the surveillance unit did not step in to prevent further criminal offences by you, I was told that this was due to operational concerns, which meant that the SOG were required to intercept you. There was concern that you may engage in a police chase. I was also told that at the earliest stages of surveillance, there was not sufficient evidence against you in order to intercept at that stage. Fortunately, in letting you go, no one was physically injured in the course of your further offending. I do not factor into my sentence in a way that is adverse against you the reasons that were given by police for not intercepting you earlier.
43 Victim Impact Statements were provided Min Lu and Mathew Taliana.
44 Mr Taliana spoke of the emotional roller coaster ride he has been on since you assaulted him. This has affected his family as well. He said that his family and co-workers had also been affected by the sight of his injury and blood, which was very distressing for them. He had been a strong member of the community he said, but found himself angry and frustrated by the effects of your offending upon him and he said he was sometimes fearful of carrying out his daily duties. As he most aptly said:
45 "No member of the community should have to go to work and be in fear of anyone in carry out the daily duties regardless of the industry that they work in.”
46 He now has a minor scar on his head from the injury which you inflicted, which is a constant reminder of the incident. Min Lu said, at the time of the armed robbery, she was very scared and her fear has continued. She is nervous every time someone comes into the shop and does not like to be left alone in the shop, as this causes her great fear.
47 In relation to Charge 2, I regard this as a particularly serious example of intentionally causing injury. Whilst I do not find that you brought the shifter into the store to use violently, if needed, I do not accept that you simply had it shoved down your trousers because you had worked on a friend’s car earlier that day. I reject this as a ridiculous explanation. I make no finding as to the real reason that you had this implement with you, but I reject your stated reason, to which I have just referred. The offence which you committed was perpetrated on a person who was doing no more than his job and you caused his injury using a tool which you had adapted as a weapon at that time.
48 In relation to the attempted armed robbery and armed robbery, you offended against soft targets and used a weapon which was most dangerous in order to commit these offences. Fortunately, you did not inflict any injury on either of your victims, but the threat that you posed, using a meat cleaver, gives these offences a particularly frightening quality.
49 You have offended in the context of a lengthy criminal history dating back to December 2006.
50 On 11 December 2006 at the Melbourne Children’s Court, you were dealt with in respect of six charges of theft, three charges of assault police and one charge of dealing with property suspected to be proceeds of crime. Without conviction you were released on a good behaviour bond for a period of nine months, and were required to continue to attend the early school leavers program as recommended by its coordinator.
51 On 18 June 2007, you were dealt with in respect of eleven charges of theft which included two shoplift charges and eight theft of motor vehicles. You were also dealt with for one charge of reckless conduct endangering serious injury, one charge of possess controlled weapon, and one charge of going equipped to steal, as well as one charge of careless driving.
52 Without conviction, you were placed on probation for a period of 18 months and were required to report to an officer from the Western Metro Youth Justice Unit. However, you breached that probation which was found proven at the Broadmeadows Children’s Court on 20 August 2007. Without conviction you were again placed on probation for a period of 18 months and again required to report to an officer from Western Metro Youth Justice Unit. It would appear that your probation was breached by further offending, which was also dealt with on 20 August 2007, namely attempted armed robbery, going equipped to steal or cheat, unlicensed driving, and ten charges of theft, which included five charges of theft of a motor vehicle, and four charges of shoplifting. . In relation to those matters, you were placed on 18 months’ probation with conviction.
53 On 15 January 2008 at the Broadmeadows Children’s Court, you were found to have breached the probation order of 20 August 2007. In relation to the offences which had initially attracted probation on 18 June 2007, which order was confirmed on 20 August 2007, you were convicted and ordered to be detained in a Youth Justice Centre for a period of twelve months, as well as being fined without conviction in relation to the charge of careless driving. In relation to the other matters for which you were granted probation on 20 August 2007, you were ordered to be detained in Youth Justice Centre for 12 months in respect of these also. It appears that you breached each of these parole orders by further offending as follows:
54 Fourteen charges of theft including seven charges of theft of a motor vehicle and one charge of shoplifting.
55 One charge of burglary.
56 Four charges of attempted theft.
57 Three charges of unlicensed driving.
58 Go equipped to steal or cheat.
59 Possess controlled weapon without excuse and failing to stop before a stop line or traffic light.
60 In respect to these offences, save for the last mentioned traffic offence, you were convicted and ordered to be detained in a Youth Justice Centre for 14 months and you were disqualified from obtaining a licence for two years.
61 On 18 February 2008 at the Sunshine Children’s Court, you were convicted of one charge of theft of a motor vehicle as well as one charge of drive while disqualified, one charge of possessed controlled weapon and one charge of going equipped to steal or cheat. You were convicted and ordered to be detained in a Youth Justice Centre for seven days and were disqualified from obtaining a licence for two years from 15 January 2008.
62 On 11 March 2008 at the Melbourne Children’s Court, you were convicted in relation to theft which was a shoplifting matter and ordered to be detained in a Youth Justice Centre for nine days. The same disposition was imposed for a further charge of theft of which you were convicted on 6 May 2008 at the Broadmeadows Children’s Court.
63 On 16 July 2009, you were dealt with in respect of a number of offences, as follows:
64 One charge of attempted burglary.
65 Twelve charges of theft, eight of which were thefts of motor vehicles and two of which were shoplifting offences.
66 Two charges of unlawful assault.
67 One charge of wilfully damaging property.
68 Three charges of resisting police.
69 One charge of knowingly dealing with or concealing proceeds of crime.
70 One charge of escaping from lawful custody.
71 Seven charges of drive whilst disqualified.
72 Two charges of aggravated burglary.
73 One charge of drive in a manner dangerous.
74 One charge of failing to stop vehicle on police request.
75 One charge of recklessly causing injury.
76 One charge of common law affray.
77 One charge of using threatening words in a public place.
78 One charge of going equipped to steal or cheat.
79 On my calculation, you were ordered to be detained in a Youth Justice Centre for six months ten days, as a total effective sentence.
80 On 27 October 2009 at the Melbourne Children’s Court, you were convicted of attempted burglary, threat to inflict serious injury, resist police and assault police. You were ordered to be detained in Youth Justice Centre for 40 days.
81 On 30 April 2010 at the Sunshine Magistrates’ Court, you were convicted of the following offences:
82 Reckless conduct endangering serious injury.
83 Four charges of driving whilst disqualified.
84 Two charges of handling or receiving stolen goods.
85 One charge of theft of a motor vehicle.
86 One charge of going equipped to steal or cheat.
87 Three charges of failing to stop vehicle on police request.
88 Two charges of using unregistered motor vehicle.
89 One charge of fraudulently using registration label.
90 One charge of driving a vehicle without number plates affixed.
91 One charge of tamper with a motor vehicle.
92 Five charges of resisting police.
93 One charge of acting in a way which was prejudicial to the security or good management of gaol.
94 One charge of exceeding the speed limit by 45 kilometres per hour or more.
95 Two charges of driving at a speed dangerous.
96 And one charge of driving in a manner dangerous.
97 You were convicted in relation to these matters and in respect of the non-traffic offences, you were effectively ordered to be detained for a period of two years in a Youth Justice Centre and disqualified from driving for two years. You received a fine and licence disqualification in relation to the traffic offences.
98 On 7 May 2010, you were convicted of shop theft, drive while disqualified, assault police and two charges of resist police as well as using an unregistered motor vehicle on a highway. Apart from the last mentioned offence, for which you were fined, you were ordered to be detained for 21 days in a Youth Justice Centre, which was ordered to be cumulative upon all other previous orders for detention which you were undergoing.
99 On 23 July 2010, you were convicted of recklessly causing injury and sentenced to one month’s imprisonment.
100 On 4 October 2010 at the Sunshine Children’s Court, you were found guilty of two charges of burglary, and two charges of theft, and fined an aggregate of $1000 without conviction.
101 On 13 January 2011 at the Sunshine Children’s Court, you were dealt with in respect of one charge of affray. Without conviction the charge was found proven and dismissed and you were released on an accountable undertaking to commence on 13 January 2011 for 12 months to be of good behaviour and complete the brief intervention program.
102 Although you are still a young man, you have a significant and relevant criminal history. Moreover, you committed the offences for which I now sentence you after serving a period in adult gaol, which did not serve to deter you from committing further offences.
103 I was told by your counsel that you committed the offences for which I now sentence you while either affected by or coming down off the effects of amphetamine, having been introduced to substance abuse in February of this year. Previously, you were not addicted to any substance, but notwithstanding this, you committed serious criminal offences.
104 Whilst it may well be the case that you committed the present offences after experiencing a lengthy time in adult gaol, most of which was spent in 23 hour lockdown, and you were not supervised by any authority following your release, I must be concerned for the protection of the community. It appears to me that you are a young man who has complete disregard for the law and is at significant risk of reoffending. Your only support in the past in recent times has been your mother, a support which you had rejected at the time you committed the offences for which I now sentence you. Your mother appeared in court at the plea hearing in support of you once again and you have her to look to upon your release from gaol. However, in circumstances where she was available to support you in the past, I am concerned that you may well continue to commit offences in the future.
105 Your conduct on the occasions for which I sentence you must be punished and denounced. I must give significant weight to the need to protect the community from you, as I regard your prospects of rehabilitation as rather grim. In light of your criminal history and your offending on this occasion, I must place fairly significant weight on the need to deter you and I must place significant weight on general deterrence, that is, I must impose a sentence which sends a strong message to others in the community that they ought not be tempted to behave as you have.
106 I take into account your background.
107 You are the first child of Kelly Brumby who brought you up without the assistance of your natural father. You do not recall meeting your father, although you do remember a photo of him holding you as an infant.
108 Your natural father suffered a series of psychiatric illnesses and in this context committed criminal offences which saw him spending significant periods in gaol. Your mother has suffered from serious depression and anxiety, particularly in her earlier years both before and after your birth. She used to abuse cannabis in order to deal with her difficulties and has expressed to your counsel a great deal of guilt in respect of this, in that it impacted on her ability to mother you. She has since been able to get her life back on track and is looking after her nine year old daughter who is your half sister.
109 You reported to Mr Bilyk, psychologist, and to your mother that you did not have any concerns that your mother’s psychological difficulties had any negative impact on you as you were growing up. I was told that for the first six years of your life, you regarded yourself and your mother as being “as one” against the world. You have also enjoyed a good relationship with your grandparents and other family members in the past, but in more recent times your relationship with your grandparents has deteriorated due to your criminal offending. You have now cut ties with your grandparents because of your embarrassment as to your criminal behaviours.
110 When you were six, your mother met a person you came to know as your stepfather. He was a violent alcoholic and you witnessed your mother being subjected to extensive domestic violence. You tried to intervene from the age of six which inevitably resulted in you being assaulted as well.
111 Ms Bate said that you have not verbally acknowledged the impact that witnessing these events had upon you, but it would be surprising if you were not still angry about this.
112 The relationship between your mother and stepfather endured for ten years and produced one child, your nine year old half sister. You were 16 years old when the relationship ended, and you and your half sister lived with your mother, with your stepfather having access to your half sister after this time.
113 Your education has been most inadequate unfortunately. Your home life had a negative effect on your schooling. You struggled at primary and secondary school, finding it very hard to concentrate. You were in trouble constantly and were expelled in Grade 6 for misbehaviour. You were often absent from school and, when there, you were uncooperative.
114 You were expelled three times at secondary school. You achieved a Year 8 pass, leaving school after that.
115 Unfortunately, you have not engaged in any further schooling and you have not obtained any employment. I was told that you had a keen interest in cars but you had not been sufficiently motivated to pursue this in the workforce. I do hope that upon your release from gaol you do pursue this interest in a constructive way, because it may well be that you have a talent in this particular area which you could capitalise on.
116 Mr Bilyk, psychologist, assessed you as having low cognitive functioning and it appears that as of February this year, you have resorted to drug use which had spiralled out of control at the time that you commenced the offending for which I now sentence you.
117 I was told that you did not have any difficulty with drug or alcohol abuse before this. You had experimented on one occasion with amphetamine when 18 years old but did not like this and therefore did not continue with using it.
118 When you were sentenced to two years’ Youth Justice Centre on 30 April 2010, you spent two months at Malmsbury, before transferred to adult prison, being Fulham Prison. The reason for your transfer was your poor behaviour while in Youth Justice Centre. You spent eight months at Fulham Prison surrounded by older prisoners, which you found most intimidating. I was told that younger prisoners felt they had to prove themselves in order to gain protection from older prisoners. It was in this context that you were involved in assaulting a prison officer. You were immediately taken to a management unit at Fulham Prison following the assault in which you punched the officer twice to the face. After you were taken to the management unit for a brief time, you were then taken to a maximum security unit at Barwon Prison where you were locked down for twenty-three hours of every day. You spent the next 14 months in this environment, which is most regrettable.
119 Unfortunately, because your original sentence did not involve a non-parole period, you underwent a sentence of the entire two years and when released, you did not have the benefit of parole in order to assist your re-integration into the community. By February of this year, you had moved from prison to Kensington and tried to reintegrate. However, your friends were working during the week and socialising at clubs on the weekend. Because you were not working, you only saw them on weekends and you experienced a high degree of anxiety when in the presence of large numbers of people. Your counsel described this anxiety as being “agonising”. Your friends suggested that you use amphetamine in order to deal with these feelings. Unfortunately, you adopted this suggestion.
120 Your drug use spiralled out of control. You stopped going to job search at Centrelink and were cut off by them.
121 When you were unable to interact with others, you often became frustrated and troublesome. In particular, you conflicted with your mother to the point where she asked you to leave on a number of occasions. She would then ask you to come back but eventually you decided to leave, and moved out within the first month of your release from gaol. After this you stayed on people’s couches and loitered around the streets.
122 You had no income, no stability and were living without your mother’s support for the first time. I observe, however, that even with your mother’s support in the past, you have continually committed offences. However, it was in this context and in the context of your abusing drugs that you committed the offences for which I now sentence you. I was told that at this time you were using between 1 point a day and 1 gram per day of amphetamine.
123 Ms Bate said that your previous offending was linked to truancy from school and in the context of an unfortunate home life courtesy of your abusive step father. She acknowledged that your present offending occurred in the context of substance abuse and that this was a matter for legitimate concern in terms of protection of the community when married up with your previous propensity for offending. However, she submitted that the community would benefit from your rehabilitation and therefore, she submitted, that I ought make some allowance in the sentence which I impose in order to facilitate this. In particular, she submitted that a lengthy parole period would be of assistance to you, as it would provide the supervision and structure which was sadly lacking when you were previously released from gaol.
124 In respect of the offences for which I now sentence you, Ms Bate said that on each of the occasions that you committed these, you had been awake for days on end. She said that in relation to Charges 1 and 2, you were coming down from methylamphetamine use and were in a more reactive state than when you committed the armed robbery and attempted armed robbery. When you committed the latter offences, you were still affected by drugs and apparently felt invincible. Ms Bate observed that it was most fortunate that you were in such a state on these occasions, rather than the state you were in when you assaulted Mr Taliana.
125 I agree with your counsel, but it seems that your overall drug problem which has recently developed is something which can heighten the level of dangerousness insofar as your behaviour is concerned, depending on the condition you are in at any given time.
126 I was told that you were made aware of the contents of the Victim Impact Statements and that in discussion with your counsel you have been able to acknowledge the suffering that you have caused. Although you are able to acknowledge this in a fairly basic way, I am not convinced that you have true insight into your offending, the reasons for it, or the impact that you have on your victims, but at least your acknowledgement is a start.
127 I was told that your arrest which was effected by Special Operations Group was a salutary experience for you. In the course of your arrest, you received some injuries which were not put forward as a matter in mitigation as such, but your counsel said that the experience was a sobering one for you. At the time that you were arrested, you were under the influence of drugs and the style of arrest was not something to which you had been previously subjected. Ms Bate said that the manner in which you were arrested was perhaps a signal to you that you were considered a much more serious risk to the community than previously.
128 You have been in custody since your arrest. I was initially told that there had been no behavioural issues since you were arrested, but after I stood the matter down for the prosecutor to discuss a matter with your Counsel,
Ms Bate indicated that very soon after going into custody on this occasion, you allegedly assault one of the prison guards and were placed in a management unit for a couple of weeks at Port Phillip Prison. I was told that there would be a further mention of the charge or charges in relation to the matter at the Melbourne Magistrates’ Court in November, and it was expected that you would plead guilty to the assault. Ms Bate submitted that this behavioural issue arose while you were still in the grips of drug abuse but that, other than this incident, there had been nothing further. Therefore, for a period of 115 days since this time, you have been in the mainstream and there have been no further incidents.
129 Mr Bilyk assessed your risk of reoffending as being medium to high but, taking into account all of the matters relevant to this, as I have previously said, I believe you are at significant risk of reoffending.
130 I take into account that you are halfway through the Bridge Program which you started in September and you are due to complete in two months’ time. You have undertaken this course in order to try to avoid reoffending. Unfortunately, because you were in 23 hour lockdown when you were last in gaol, you were not able to undertake this or any other course. I understand that you are also wishing to engage in other courses which will help you in your rehabilitation.
131 In your favour, you pleaded guilty at the earliest opportunity and are therefore entitled to a substantial discount in the sentence that you would otherwise receive. This is because you have saved the witnesses, especially the victims, the time and trauma of giving evidence and you have saved the community the time and expense that comes with contested proceedings.
132 Your counsel submitted that you had shown a propensity to crumble in a most spectacular fashion without any supports when released from custody. She submitted that your mother did all that she could to support you on the last occasion but was unable to stop you from spiralling out of control.
133 As I said in discussion, Mr Brumby, you are old enough to take responsibility for yourself and while you would do well to look to your mother and other positives supports in the community upon your release from gaol, it is up to you as to whether you take advantage of these. If you do not, you face the very real prospect of spending a good deal of your life in gaol.
134 You are doing what you can to ensure that you do not return to a 23 hour lockdown situation and have avoided this to date. In this respect, you have also sought to engage in courses which will avoid you going back to the position you were in before. You are also maintaining a positive relationship with your mother in order to attempt to ensure that you do not repeat past behaviours which led you to be placed in adult gaol.
135 I take into account Mr Bilyk’s psychometric assessment of you which indicated that you fell within the moderate range in respect of the depression, anxiety and stress scale. I note that he assessed you on 5 October 2012.
136 However, he noted that you reported significant difficulty regulating emotions such as anxiety following your most recent experience in custody after the 23 hour lockdown situation had occurred over a 14 month period. It was in this context that you sought to self medicate with drug use which, in turn, spiralled out of control and it was in this setting that you committed the present offences.
137 When sentencing young offenders, it is often the case that significant weight must be given to the need to rehabilitate them such that other sentencing considerations can take a lesser part than they might otherwise take. However, it is acknowledged by your counsel, most sensibly, that in your particular situation, there is a need to place primary weight on the need to protect the community, specific and general deterrence, as well as denunciation of your conduct. Also, a just punishment ought be imposed in all of the circumstances.
138 I agree with your counsel that you would benefit from ongoing supervision upon your release from gaol, and have done what I can to ensure that this is a lengthy period but I must also give appropriate weight to other sentencing considerations as previously indicated. You have been given many chances in the past to behave in a lawful manner, and you have been offered supervision on a number of occasions by virtue of probation or Youth Justice Centre. You did not take advantage of any of these dispositions but continued to commit offences. Whilst a number of these matters were dealt with while you were still technically a child, I do hope that now you are a young man you can take advantage of any courses offered whilst in custody and take advantage of the structure and supervision offered to you while on parole.
139 The Crown submitted that an appropriate range of sentence in your case would be a head sentence of five to six years with a non-parole period of between three and four years.
140 In reply, Ms Bate submitted that the Crown range needed to reflect a very early plea of guilty and that the range did not give appropriate weight to this or your youth. She qualified this by then saying that the upper end of the range did not reflect these matters.
141 I have carefully considered the matters which are relevant to your situation and the submissions which have been made. In the end, I propose to impose a sentence which will do justice to the weight that I must accord all sentencing considerations, but which will hopefully provide you with some incentive to improve your lot while in gaol and take advantage of parole upon becoming eligible for it.
142 Could you please stand up, Mr Brumby.
143 Firstly I make the disposal order which is sought by the Crown and not opposed by you.
144 In relation to the charges, you are convicted in relation to each of them and sentenced as follows:
145 Charge 1 – three months' imprisonment.
146 Charge 2 – fifteen months' imprisonment.
147 Charge 3 – twelve months' imprisonment.
148 Charge 4 – twelve months' imprisonment.
149 Charge 5 – three years' imprisonment.
150 Charge 6 – four years' imprisonment.
151 Charge 7 – one month’s imprisonment.
152 In respect of the two summary charges you are convicted and sentenced to one months gaol in respect of each.
153 The sentence on Charge 6 will be the base sentence. I make orders for cumulation as follows:
154 Four months from the sentence on Charge 2, one month from the sentence on Charge 3, one month from the sentence on Charge 4 and six months from the sentence on Charge 5 will be served cumulatively with each other and with the base sentence, but otherwise all sentences are to be served concurrently. This produces a total effective sentence of five years' imprisonment.
155 I order that you serve three years' imprisonment before becoming eligible for parole.
156 In respect of the theft charges you are disqualified from driving for three years in respect of each of those charges to run at the same time, effective from today. That means that when you are eligible for parole, and hopefully are released from gaol you might go the trouble of getting a license and make yourself a productive member of the community.
157 I declare that you have already served 133 days’ imprisonment which will be reckoned as already served.
158 If not for your pleas of guilty, I would have sentenced you to a total effective sentence of six and a half years' imprisonment with a non-parole period of four and a half years. Take a seat please Mr Brumby.
159 Are they the matters counsel, is there anything further?
160 MS PLUMMAL: Yes (indistinct).
161 MR BAKER: No Your Honour.
162 HER HONOUR: Thank you, yes you may remove the prisoner, thank you. Have we got that recorded. That's an assault, I think that we've all just witnessed there. All right. I won't say anything further, I'll just see what comes of it. Are you all right
163 VOICE (from the body of the court): Yes.
164 HER HONOUR: All right, we'll adjourn.
- - -
0
0
0