Director of Public Prosecutions v Camilleri

[2017] VCC 208

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR 16-01832

DIRECTOR OF PUBLIC PROSECUTIONS

v

JAMIE CAMILLERI

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JUDGE:	HER HONOUR JUDGE HANNAN
WHERE HELD:	Melbourne
DATE OF HEARING:
DATE OF SENTENCE:	8 March 2017
CASE MAY BE CITED AS:	DPP v Camilleri
MEDIUM NEUTRAL CITATION:	[2017] VCC 208

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 D. Karamicov
For the Accused	Ms C. Foot

Pages 1 - 7

 

 

HER HONOUR: 

1Jamie Camilleri, you have pleaded guilty to one charge of robbery.  The maximum penalty for that offence is 15 years' imprisonment.  Further, you have pleaded guilty to one charge of theft.  The maximum penalty for that offence is ten years' imprisonment. 

2The circumstances of your offending are set out in the prosecution summary which was tendered upon your plea.  I do not propose to recite the contents in full now, but in brief compass, in relation to Charge 1, you organised over a web-based dating site to meet with the victim in this matter.  You met with him at a skate park where you were driven by another person. 

3Upon arrival at the skate park, the other person drove the vehicle in which you had arrived away.  You at that stage were seated in the victim's car.  You then indicated to the victim that you wanted him to drive to a darker area.  He drove to another position.  Once there, you threatened to assault him by raising your fist and threatening to punch him to the face.  You demanded he hand over his wallet and phone.  The phone was in fact taken from the centre console of the car.  You then left the victim's car and the vicinity. 

4As regards Charge 2, on 3 March 2016, you again made contact with the victim on a web-based dating site.  After some conversation between you, it was arranged that you would go to his premises.  You were at his premises over a period of hours.  Prior to leaving his premises, you stole $200 cash and a mobile phone.   

5He tried to contact you using his mobile phone but noted that it had been switched off. 

6Police were notified and they investigated the matter. 

7You have pleaded guilty.  I am satisfied that in relation to each charge it is an early plea.  You had offered to plead guilty to the charge currently upon the indictment as regards Charge 1 prior to the committal proceedings.  I heard what the prosecutor said in relation to the factual basis not being settled, but the reality was that you were committed to this court on the charge of armed robbery.  You had offered the charge of robbery.  In my view, you should be entitled to the benefit of an early plea in relation to this matter.

8As regards seriousness, your conduct as it relates to the robbery is clearly serious in nature.  The victim is properly described as a soft target.  That is he was without ready access to security or support and the offending in this respect was, in my view, pre-planned.  You instruct upon your plea that you did not meet the victim for any sexual purpose which makes it clearer that you utilised social media to target a person in circumstances when you knew the arranged meeting would make the victim likely to be alone with you at a secluded location. 

9That being said, there was no actual violence.  From the victim's perspective, however, the threat of violence was real.  It is clear that it had both immediate and a lasting sequela as regards his psychological welfare.  The message must be clear that this type of offending cannot and will not be tolerated. As regards the theft, I think it is properly categorised as being at the lower end of the range.

10Exhibit 2 is a victim impact statement.  What is clear from that statement is that you significantly compromised the victim's right to feel safe in our community, to move about at night and in social situations without feeling under any kind of threat or pressure.  His reaction is entirely understandable and would or should have been appreciated by you at the time of your offending. 

11You have admitted the contents of a criminal record which commenced in 2009.  You have numerous prior matters for dishonesty.  It is concerning that you have a number of convictions for matters of violence including unlawful assault and assault with a weapon.  Most concerning is your conviction in 2011 on charges of intentionally recklessly causing injury in relation to which you were sentenced to a total of five months' imprisonment that was wholly suspended.

12Subsequent to that, it is also concerning that you have breached court orders on a number of occasions.  Your most recent prior conviction not related to breach was in September 2014 when you were placed on a community corrections order in relation to charges including threat to kill, unlawful assault and theft. 

13What is clear from your prior history is that a number of community-based dispositions have proved ineffective, but you have in the past never been sentenced to an immediately servable term of imprisonment.  Your remand on these matters has been your first substantial period of time in custody.  It is conceded that this offending breaches a three month suspended sentence in the Magistrates' Court.  I have been told that that breach is listed later this month. 

14As regards your personal circumstances, you are now aged 29.  You are one of sibship of six children.  I accept that your childhood was marred by your mother's drug use which saw you spend, it seems, your entire childhood as you can recall it, in care.  You resided in accommodation with your siblings until you were 14 at which time the family was unfortunately separated.  Despite that, you have maintained good ongoing relationship with the majority of your siblings. 

15A letter from your sister Ashley was exhibited upon your plea.  She clearly, along with other members of your family, remain very supportive of you.  That in my view is positive in terms of your rehabilitation.

16After turning 18, your life circumstance clearly did not improve.  You have always had issues in terms of gaining stable accommodation.  You have lived in short-term rentals with your siblings, couch surfing and on a number of occasions, you have been homeless.  You have a very limited education which only saw you go to Year 7.  You have tried to and successfully gained work in various labouring roles but they were usually of short duration as you were over time unable to control your drug use. 

17Drugs have been an ongoing issue for you since your teenage years.  Your most substantial addiction has been to methylamphetamine.  The tragic events surrounding your mother's murder in 2011 and the trial of the man who killed her saw your drug use increase and your life spiral.

18In 2014, it finally looked like your life may be turning the corner.  You were in a good and supportive relationship.  You were living with your partner's parents.  You were employed.  You were, it seems, to a large extent drug free.  The end of that relationship saw you return to your old lifestyle and drug use recommenced with the usual, probably almost inevitable, results.  This was the first period in which you had used methylamphetamine intravenously. 

19Despite the breakdown of your relationship, your partner's parents remain supportive of you and a letter from them was tendered upon your plea.  The contents indicate that they knew a man very different from the person who committed these offences.  You are fortunate to continue to have them as supports in your life. 

20I have received a report from Gina Cidoni, psychologist, dated 2 March 2017.  She assessed you as having a full-scale IQ of 72 which places you in the borderline range.  She notes your history has impacted your mental health and your ability to cope.  She says you have experienced depression and in her view, your drug use has been a form of self-medication. 

21Your prospects of rehabilitation are in my view guarded and dependent upon your ability to achieve and maintain absolute drug abstinence.  You do appear to have some insight in this regard which will of course prove positive in terms of your rehabilitation.  I accept what you told me from the witness box in terms of your current intentions.  It is simply to be hoped that that can be maintained in a community setting which is always where the real risks lie. 

22Your counsel has pointed to a number of matters you are entitled to have taken into account in mitigation.  I take into account your plea on the basis that I have previously indicated.  You have saved the community the time and expense of a trial.  You are entitled to the benefit of your plea.  I have sentenced you on the basis that you are entitled to the full discount for an early plea.  I accept that your plea is properly used as evidence of your remorse.  As this is your first term of imprisonment, in my view, it is likely to have significant deterrent effect whatever the duration. 

23The reality is that while you are not a young offender, you are still a relatively young man.  And for that reason, the community must in its own interest maintain a real interest in your rehabilitation for that is the community's best protection from repetition of conduct of the type which brings you before this court. 

24Your counsel quite properly concedes that these matters warrant a term of imprisonment but in effect submits that you now believe you are in a position to comply with a CCO and thus urges a combined disposition.  The prosecution say that while your offending warrants a further term, to actually serve a combined sentence is within range. 

25As well as matters personal to you, I must take into account other relevant sentencing considerations.  General deterrence is in relation to this sort of offending of considerable importance.  I must seek to deter not only you but others who would engage in like conduct.  Your sentence must manifest the community's denunciation of your conduct to impose just punishment.  I must seek to deter you from future offending. 

26You are convicted and sentenced as follows. 

27Charge 1 - robbery, convicted and sentenced to be imprisoned for 11 months.

28Charge 2 - theft, convicted and sentenced to be imprisoned for one month, cumulative and thereafter on both charges, you are placed on a 12-month community corrections order. 

29Over the period of that order, you are to perform 120 hours unpaid community work.  You are to submit for treatment and rehabilitation in relation to drug assessment and treatment.  You are to submit to mental health treatment.  You are to undertake offending behaviour programs and you are to be under the supervision of a community corrections officer.  

30I note that Heidelberg CCS will at the time of your release apparently be the appropriate Community Corrections Centre, but because you are to serve a further period of about two and a half months in custody, Corrections will come and see you about that and make sure that it is the right Corrections Centre at the time that you are actually released. 

31You will need to sign that order so just have a seat for a moment.

32I declare 290 days to be reckoned as served.  I direct it be noted in the records of the court that were it not for your plea of guilty, I would have sentenced you to three years with a minimum of two and I make the disposal order in terms of the draft.

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