Director of Public Prosecutions v Bullard

[2018] VCC 548

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR 18-00432

DIRECTOR OF PUBLIC PROSECUTIONS

v

RICKY BULLARD

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JUDGE:	HIS HONOUR JUDGE DEAN
WHERE HELD:	Melbourne
DATE OF HEARING:	17 April 2018
DATE OF SENTENCE:	23 April 2018
CASE MAY BE CITED AS:	DPP v Bullard
MEDIUM NEUTRAL CITATION:	[2018] VCC 548

REASONS FOR SENTENCE
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Subject:

Catchwords:  Armed robbery; young offender; rehabilitation; general deterrence; post-traumatic stress disorder; major depressive disorder; stimulant use disorder; burden of imprisonment

Legislation Cited:
Cases Cited:
Sentence:

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms H. Bate	Office of Public Prosecutions
For the Accused	Mr J.D. Williams	Matthew White & Associates

2

 

 

HIS HONOUR:

1Ricky Bullard, you have pleaded guilty to the following charges:

2(i), Two counts of armed robbery contrary to s.75(A) of the Crimes Act 1958. The maximum penalty for that offence is 25 years' imprisonment.

3(ii), One count of being a prohibited person in possession of a firearm, contrary to s.5(1) of the Firearms Act 1966.  The maximum penalty for that offence is a fine of 1200 penalty units, or 10 years' imprisonment, or both.

4(iii), One count of theft contrary to s.74(1) of the Crimes Act 1958. The maximum penalty for that offence is 10 years' imprisonment.

5(iv), One count of possession of a drug of dependence contrary to s.73(1) of the Drugs, Poisons and Controlled Substances Act 1981. The maximum penalty in this case is a fine of 30 penalty units, or one year imprisonment, or both.

6(v), One count of handling stolen goods contrary to s.88 of the Crimes Act 1958. The maximum penalty for that offence is 15 years' imprisonment, and;

7(vi), One count of possession of an unregistered general category handgun, contrary to s.7B(1) of the Firearms Act 1996 - that should be in the previous charge as well. The maximum penalty is a fine of 600 penalty units or seven years' imprisonment, or both.

8You have also pleaded guilty to the following related summary offences:

9(i), Two counts of possession of ammunition, contrary to s.124(1) of the Firearms Act 1996. The maximum penalty for that offence is a fine of 40 penalty units.

10(ii), Seven counts of dealing with property suspected of being the proceeds of crime, contrary to s.195 of the Crimes Act 1958. The maximum penalty for that offence is two years' imprisonment, and;

11(iii), One count of possession of an imitation firearm without a permit, contrary to s.5AB of the Control of Weapons Act 1994.  The maximum penalty for that offence is a fine of 240 penalty units, or two years' imprisonment, or both.

12You pleaded guilty at committal proceedings and I have taken your early plea into account in your favour in mitigation of sentence.  It is a high value plea and has spared witnesses and the community the burden of complex criminal proceedings.  I also accept that it is evidence of true remorse in your case.

13You have admitted a criminal history for appearances in the Children's Court and Magistrates' Court for offences of dishonesty, burglary, drug offences and driving offences.  All of those appearances resulted in the adjournment of the proceedings conditional upon you being of good behaviour with other special conditions.  Convictions were not recorded against you in those cases.

14You were born on 29 April 1997 and are now aged 20. You will soon turn 21. You are a young offender for the purposes of the Sentencing Act 1991, and the sentencing principles enunciated by the Court of Appeal in R v Mills [1994] 4 VR 235, and more recently in Azzopardi v The Queen [2011] VSCA 372, are engaged in your case.

15Your rehabilitation is to be regarded as the principle purpose for which this sentence is to be imposed, although this must also be balanced by the need for specific and general deterrence for offences of this seriousness.

16A prosecution opening was read to the court and tendered in evidence, and your offending may be summarised as follows –

17On 11 June 2017, in company with your then girlfriend and a male associate aged 15 years, you carried out an armed robbery on a person you were meeting to purchase illegal drugs of dependence.

18You or your male co-offender were armed with a sawn off .22 rifle.  The vehicle used by you in the offending was subsequently located by police, and in it was located a home made pipe gun and a quantity of .22 calibre ammunition.

19On 7 July 2017, you and your two co-offenders carried out another armed robbery on a person you were meeting to purchase illegal drugs of dependence.  The sawn off .22 calibre rifle was again used in the offending.  A stolen Ford utility was used by you in the commission of the offence.

20On 23 August 2017, you were arrested by a Special Operations Group operative, and subsequently, your premises in Epping were searched revealing the evidence the subject of the balance of the charges you have pleaded guilty to.

21The .22 sawn-off rifle was located hidden behind a sofa in the premises.  It was loaded.

22You were interviewed by investigating police and admitted your offending, describing the charges of armed robbery as "rolling a drug dealer".  You were charged and remanded in custody in adult prison, where you remain.

23Your offending involves a series of closely related serious crimes, and clearly, the use of a sawn off rifle which may have been loaded means that the offences of armed robbery are serious examples of that offence.  I accept that the sentence I am to impose must be calculated to deter others from offending in this way.

24Your victims were also involved in serious criminal activity and have not produced victim impact statements, but this does not reduce the seriousness of your offending.

25The offending occurred in public places, and the sentence I impose must also be calculated to protect the public from crimes of this type, and the associated risk of injury to innocent passers by.

26It is also clear from the evidence gathered by investigators from your vehicles and the premises that you resided in, that you had been engaged in repeated acts of dishonesty, no doubt as a consequence of your then serious drug addiction.

27I now turn to your personal circumstances.

28You were born on 29 April 1997, as I have said, in Victoria.  You are the youngest of four children, and have a close and supportive relationship with your parents.  It would appear from the evidence before me, including the testimony of your mother, Teresa Bullard, that your childhood and development years were unexceptional.

29The family resided in Kinglake and you attended school in the town.  You were in Year 6 at Middle Kinglake Primary School when the town was devastated by the Black Saturday bushfires on 7 February 2009.

30Your mother gave compelling evidence on your behalf of escaping the oncoming fire with you and your brother, almost being trapped in the flames when her vehicle broke down, and ultimately returning to the town to witness its destruction and the bodies of persons whom the fire had consumed.

31It was no doubt a deeply traumatic effect, and you were just 11 years old.  Many close friends died in the fire, and the town, as I have said, suffered immeasurable harm.  You did not receive any appropriate counselling following these events, and I accept that you developed a major depressive disorder and post-traumatic stress disorder as a result.

32Your education was disrupted, and you left school in Year 9.  You commenced using cannabis in Year 7, which in turn compounded your development and the psychological disturbance you had suffered following the bushfires.

33Thereafter, your drug use escalated and included methamphetamine, ecstasy, GHB and prescription medication.  By the age of 15 you suffered from poly-substance abuse disorder.

34Despite this constellation of psychological disturbance and drug addiction, you were engaged in a welding apprenticeship for two and a half years and were able to demonstrate a degree of commitment to employment.

35I have received in evidence a psychological report of Ms Carla Lechner setting out your psychological profile and developmental history.  I accept that you suffer from post-traumatic stress disorder, major depressive disorder, and cannabis and stimulant use disorder.

36There is, in my opinion, a clear connection between your mental illness and your offending, and the principles set out by the Court of Appeal in R v Verdins (2007) 16 VR 269 are engaged in your case.

37Quite apart from your youth, your moral culpability is to be moderated by reason of your mental illness, and the role of general deterrence in your case is also to be moderated for that reason.

38I also accept that your mental illness compounds the burden of imprisonment upon you.

39Your experience in adult prison has also been one of considerable hardship.  Despite your youth, and it being your first time in custody, you were transported from the MRC to Wangaratta police cells for two weeks.  You made suicidal gestures or attempts at this time.

40Thereafter, you were transported to Fulham mainstream prison, where you were stabbed by another prisoner, and you reported to Ms Lechner and your legal representatives that you had been stood over by older prisoners.

41In my opinion, the conditions of your incarceration are entirely unsatisfactory.  You are a young offender in custody for the first time, suffering from mental health and drug addiction issues, and you should not have been exposed to adult mainstream prison or moved to distant provincial police cells.  There are many alternatives for young offenders in adult prison to this.

42I have taken this fact into account, significantly in your favour, in mitigation of the sentence I am to impose.

43Your mother gave evidence that you can reside with your close and supportive family on your release from prison, and that employment is available to you.  I also accept that you are now drug free, and you have resolved to remain so.

44In my opinion, if you have the appropriate support and treatment in the community, your prospects of rehabilitation may properly be described as very good.

45Specific deterrence is not, at this time, a prominent sentencing consideration in your case.

46I had you assessed for suitability for a Community Correction Order, which whilst punitive in nature, will also best support your future rehabilitation.  You were assessed as suitable for this disposition.

47In my opinion, the purposes for which this sentence is to be imposed are best met by your release from adult prison in the near future, to be followed by intensive supervision on a Community Correction Order.

48I have also been informed that your co-offender and then girlfriend, Maddie Wilson, was dealt with in the Magistrates' Court in respect of two counts of theft of a motor vehicle, theft of petrol, and handling stolen goods and the theft of a wallet. She was sentenced to a 12-month adjourned undertaking without conviction.  Conditions were imposed that she not commit further offences and continue undertaking counselling and treatment.

49Your co-offender Purcell appeared before the Childrens’ Court and the charges brought against him were withdrawn.

50In the result, the sentence of the court is as follows –

51In relation to Charge 1, the charge of armed robbery, you are convicted and sentenced to be imprisoned for 9 months.

52In relation to Charge 4, the charge of armed robbery, you are convicted and sentenced to be imprisoned for 9 months.

53In relation to Charge 2 on the indictment, Charge 3 on the indictment, Charge 5 on the indictment, Charge 6 on the indictment, and Charge 7 on the indictment, and the related summary offences to which you have pleaded guilty, you are convicted and sentenced to perform a community correction order for a period of two years on the usual core conditions.

54I order that you also undertake treatment and rehabilitation for drug addiction, treatment and rehabilitation in relation to mental health, and be under supervision of a community correction officer during the period of the order.

55I also order that you undertake programs to reduce the risk of re-offending, and that you appear before this court for judicial monitoring on 19 October 2018 at 9.30 am.

56I declare that you have served 243 days by way of pre-sentence detention, not including today.

57But for your plea of guilty in relation to the charges of armed robbery, I would have sentenced you to a term of imprisonment of two years with a non-parole period of 15 months.

58I have made the ancillary orders sought by the prosecution.

59Do you agree to entering a Community Correction Order on those terms on your release from prison, Mr Bullard?

60OFFENDER:  Yes.

61HIS HONOUR:  Thank you.  You can come forward and - we can sign them in the dock.

62It means he has got about another four weeks to serve or thereabouts, which means that the correction authorities will be in a position to prepare his transition from custody into the community to perform his Community Correction Order.

63Are there any other orders required?

64COUNSEL:  No, Your Honour.

65HIS HONOUR:  Thank you.  I will just get him to sign that.

66The two terms of imprisonment run concurrently, of course.  I have not made orders for cumulation.

67So Mr Bullard, by my reckoning, you have got about another four weeks in custody and Corrections will make arrangements, as I have said, for your transition into the community to perform your CCO.  All right?

68OFFENDER:  Your Honour, thank you.

69HIS HONOUR:  Keep up the good work.  Thank you.

70I have signed the ancillary orders, Ms Spence.  Thank you.  Is there anything further?

71MS SPENCE:  No, Your Honour.

72HIS HONOUR:  Thank you, Mr Williams.  You are excused.  Thank you, Ms Spence.

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