Director of Public Prosecutions v Cameron (a pseudonym)

[2017] VCC 1944

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

AT WANGARATTA
CRIMINAL JURISDICTION

DIRECTOR OF PUBLIC PROSECUTIONS

v

MARGOT CAMERON (a pseudonym)

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JUDGE:	HIS HONOUR JUDGE LACAVA
WHERE HELD:	Wangaratta
DATE OF HEARING:	11 December 2017
DATE OF SENTENCE:	15 December 2017
CASE MAY BE CITED AS:	DPP v Cameron (a pseudonym)
MEDIUM NEUTRAL CITATION:	[2017] VCC 1944

REASONS FOR SENTENCE
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Subject:   Armed Robbery x 1, undertaking to give evidence.
Sentence:                  3 years' imprisonment with a non-parole period of 2 years

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr A. Moore
For the Accused	Mr A. McLennan

Pages 1 - 7

 

 

HIS HONOUR:

1You have pleaded guilty to one charge of armed robbery for which the maximum penalty is 25 years' imprisonment.

2At the time that you pleaded guilty you also admitted prior convictions for violence.  In 1999 and in 2001 you were before the Wangaratta Magistrates’ Court charged on each occasion with recklessly causing injury.  On each occasion you received a non-custodial disposition suggesting that the circumstances giving rise to these prior charges were towards the lower end of the scale for these kind of offences.  You have not been in trouble since 2001, and until this armed robbery charge you had never before received a sentence of imprisonment to be served.

3You have now served 227 days' pre-sentence detention on remand at
Dame Phyllis Frost Prison relating to this charge.

4The circumstances of your offending are contained in a prosecution summary in writing which was tendered in evidence and marked as exhibit A on the plea.  The document was read in open court by the prosecutor Mr Moore and accepted by your counsel Mr Reardon as being accurate and as forming a proper factual basis upon which I can pass sentence upon you.  It is therefore not necessary that I here repeat what is there set out except in a summary way.

5On 7 December 2016, you and two other male offenders carried out an armed robbery of a club in country Victoria where poker machines were installed.  You had previously worked at the club and you knew its system of operation.  You and your co-offenders made your move as two female employees were closing up for the evening around 10.00 pm.

6One of your male co-offenders was armed with a long machete and he demanded money from the female employee working in the cash office.  He was dressed in black clothing and wearing a balaclava and gloves.

7The second male co-offender was armed with a sawn off double barrelled shot gun.  He was standing behind the first male offender in the bar area.  He pointed the shot gun straight into the face of the other female employee.

8You entered the premises with your co-offenders and remained in the background.  I was told your part was to drive the getaway car.  I think you entered the premises because you had knowledge of the layout and the closing up routine and you went into the premises to give directions if necessary.  You also may have acted as lookout.

9You and your co-offenders then made your escape through the grounds of the club.  You and the others robbed the club of more than $16,000 whilst armed with weapons.  Along the way, a stocking which had been worn was dropped in the grounds.  DNA found on the stocking linked you and one of your
co-offenders to the robbery and after further investigations and commendable police work, you were apprehended. 

10The circumstances leading to your arrest are set out in the summary.

11The commission of this offence by you, and your co-offenders, obviously falls towards the upper end for this kind of offending. The armed robbery was planned, and carried out on soft targets by three offenders, two of whom were armed with weapons, which were used to instil a high measure of fear into each of the two female employees at the premises; that if they did not comply with the demands made of them the weapons would be used.

12Any sentence imposed must meet the purposes of sentencing, just punishment, deterrence (both general and specific), denunciation and rehabilitation.  It has not been suggested that anything other than a term of immediate imprisonment should be imposed by me in order to meet these sentencing purposes.

13One of your co-offenders has been charged and is contesting the charge.  The other has fled the country and is believed to reside in Europe but his whereabouts are unknown.  The police did not know his identity and you provided information to the police that enabled his identity to be known.

14You have made a statement implicating both of your co-offenders which the prosecution acknowledges to be of considerable value and you told the police where the weapons were disposed of, or could be located.  Before me you gave an undertaking to give evidence if called upon in accordance with that statement.  For that you are entitled to a considerable reduction in your sentence.  The prosecution concedes this to be in accordance with legal principle. 

15By giving evidence against one or both of your co-offenders you have placed yourself in considerable danger and potentially your time in prison will be much harder because you have to be isolated from other prisoners for your protection.

16In accordance with s.5(2AB) of the Sentencing Act 1991, I direct that the fact that in sentencing you I have imposed a less severe sentence than I would have otherwise imposed, because you have given an undertaking to give evidence against your co-offenders if called upon, to be entered into the records of the court.

17You have pleaded guilty to the charge and you indicated that you would do so at committal mention.  The matter proceeded by way of a straight
hand- up brief.  I treat you as having pleaded guilty at the earliest available opportunity.  For that you are also entitled to a reduction in sentence and this is reflected in the sentence that I will shortly pass. 

18By your plea of guilty you have saved the time and cost of a committal and trial.  Also, importantly, your plea has advanced the administration of justice, and in my view also demonstrates genuine remorse by you for your crime.

19In evidence before me you described your commission of this offence as
"The stupidest thing I have ever done" and which, "Should never have happened".

20In your statement you said the proceeds of the robbery were divided amongst you and your co-offenders with you receiving $4,000.  The prosecution seeks a compensation order in the sum of $16,002.35.  Your counsel submitted that I should not make an order for compensation against you greater than the amount you received, namely $4,000.  Your offending was part of a joint criminal enterprise.  In my view it is appropriate that I make an order for compensation in the amount sought by the prosecution and I will sign that order.

21The prosecution tendered two victim impact statements from the two women employees of the club who were confronted and impliedly threatened by your co-offenders whilst you watched from behind.  The devastating effects that offending like this can have upon victims confronted by armed bandits are there for all to see.  In passing sentence, I have taken the victim impact statements into account as I must.

22I turn to matters personal to you.

23You are aged 38.  You grew up in Wangaratta.  Your parents separated at a young age and your mother had a number of positive relationships thereafter.  Your father was an alcoholic.  You have two siblings, neither of whom has been in trouble with the law.

24A psychological report prepared by Warren Simmons was tendered as
Exhibit 1 on the plea.  He described you as being of average intelligence and quite articulate.  You provided him with a relatively detailed history of your life. 

25Despite the fact your parents separated, you appear to have got along quite well with your mother’s partners and you had a good upbringing with a lot of family involvement.  You are close to your mother and she was in court to support you, having come from Western Australia to provide support for you and your two children, aged 12 and 9 who presently reside with their father Tim in Queensland. 

26I was told and accept that these children from your relationship with Tim may soon return to Victoria to be closer to you and be supported by your mother and her partner.

27You were a reasonable student although perhaps a little rebellious.  You told Mr Simmons you were expelled from school for swearing at a teacher.  From the history you gave to Mr Simmons, you left school after Year 10 and although you have had a number of jobs in catering and restaurants you have what seems to be a good work history. 

28Under the heading "Relationship History" Mr Simmons sets out details of a number of relationships you have had commencing at age 15.  You left home at 17 and went with your then boyfriend to work in Darwin.  You have had a number of relationships, sometimes with men much older than you. 

29A theme that seems to come through is that in almost all of your relationships, drugs were a common presence.  You have struggled with drugs and alcohol for a good part of your life.

30At the time of this offending and in the months leading up to it, you were using ICE having developed a habit of using .5g per day.  I was told and accept that you remain drug-free but in a prison environment.

31Also in the weeks and months leading up to this offending you were virtually the full time career for a woman that you had met who was dying of cancer.  This had placed pressure upon you and I was told and accept that you took to ICE to compensate.  This in part explains your offending but it does not excuse it.

32Mr Simmons report indicates that at age 26 you were diagnosed with AADD (Adult Attention Deficiency Disorder) and as being bipolar.  You had been medicated for these disorders prior to prison.  In prison you have been prescribed Epilim.

33At a young age you were diagnosed and treated for a scoliosis to your back.  Mr Simmons opined and I agree you would benefit from on-going counselling for drugs and alcohol after your release.

34You appear to have used your time in custody well having undertaken and completed a number of programs run by Alcoholics Anonymous and other programs designed to assist you upon release.

35Mr Reardon submitted you have very good prospects for rehabilitation.  I assess them as being reasonable provided you stay away from drugs and forming any kind of relationship with drug users.  Caution needs to be exercised in making predictions about your future because although I accept you are now drug free, it is in a prison setting.  Whether you can maintain that state when released, time will tell.

36In sentencing for offending of this kind there needs to be proper application of the principle of general deterrence.  Those who would seek to offend as you have and particularly on the scale of armed robbery that you have committed need to be deterred.

37On the charge of armed robbery, you are convicted and sentenced to a term of imprisonment of three years.  I direct that you serve a minimum term of two years before being eligible for release on parole.

38I declare there has been 227 days pre-sentence detention, and that 227 days be reckoned as having been already served under the sentence passed this day and be entered into the records of the court and deducted administratively.

39For the purposes of s. 6AAA of the Act I state that had it not been for your plea of guilty to the charge, and your undertaking to give evidence against your
co-offenders in accordance with your statement if called upon to do so,  I would have imposed a total effective sentence of eight years' imprisonment and I would have ordered that you serve a minimum term of five years' imprisonment before being eligible for release on parole.

40Any questions arising out of that, Mr Moore?

41MR MOORE:  No, Your Honour.

42HIS HONOUR:  Mr McLennan?

43MR McLENNAN:  No, Your Honour.

44HIS HONOUR:  Very well.  Thank you.  Would you remove or take Ms Cameron back into custody, please.

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