Director of Public Prosecutions v Cecchin
[2015] VCC 1755
•3 December 2015
| Revised Not Restricted Suitable for Publication |
AT MELBOURNE
CRIMINAL JURISDICTIONCR 15-01572
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| LUKE CECCHIN |
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| JUDGE: | JUDGE GRANT |
| WHERE HELD: | Melbourne |
| DATE OF HEARING: | 3 December 2015 |
| DATE OF SENTENCE: | 3 December 2015 |
| CASE MAY BE CITED AS: | DPP v Cecchin |
| MEDIUM NEUTRAL CITATION: | [2015] VCC 1755 |
REASONS FOR SENTENCE
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APPEARANCES: | Counsel | Solicitors |
| For the Director of Public Prosecutions | Mr M. Roper | OPP |
| For the Accused | Mr A. Pyne | Victoria Legal Aid |
HIS HONOUR:
1Luke Cecchin, you have pleaded guilty to one charge of armed robbery. The maximum penalty for this offence is 25 years' imprisonment. You have also entered a plea of guilty to the related summary offence of committing an indictable offence on bail.
2I have heard a summary of the offending, and it is not my intention to repeat the whole summary. It is Exhibit A in this hearing.
3Briefly, on 26 May 2015 at about 2.40 am, you entered the 7-Eleven store at 429 Flemington Road North Melbourne. You walked to the rear of the store where there was a coffee machine. You called to the attendant, Mr Taranapol that the machine was out of milk. He left the secure counter with the intention of refilling the machine with milk. While he was inspecting the machine, you approached him from behind, and you placed the blade of a long kitchen knife against his throat. You forced him to move across the secure area and remove money from the till, all the time keeping the knife against his throat.
4You left the store with about $200. On your way out of the store, you told the victim not to call the police, or three people outside would shoot him. The victim waited until you were out of sight before calling the police. Your offending was captured on CCTV footage, and the victim made a statement to police. He understandably said that he had been in great fear of having his throat cut, or of being stabbed.
5You were arrested on 1 June 2015 in Carlton. You were interviewed by the police and admitted the offence. You stated that you had been under the influence of alcohol and could not remember the offence clearly. You did become distressed when the police showed you the footage of your offending.
6At the time you committed this offence, you were on bail for offences of theft (2 August 2014); criminal damage and assault (17 October 2014); and theft (22 May 2015). This explains your plea of guilty to the related summary offence.
7Mr Cecchin, this is serious offending. You went to the store in the early hours armed with a knife. You chose a soft target. You held a knife at the victim's throat for some time. It must have been a terrifying experience for the victim. When you committed this offence, you were on bail for other indictable offences.
8General deterrence, just punishment, and denunciation are all relevant sentencing considerations in this case.
9You were remanded in custody on 1 June 2015. On 31 July 2015, you were released on bail. On 26 August 2015, you failed to appear at a committal case conference hearing, and a warrant was issued for your arrest. You were arrested on 4 September 2015 and remanded in custody. You pleaded guilty at a committal case conference on 9 September 2015.
10On 23 September, you were released on bail with conditions to reside as directed by youth justice unless ordered by the court to reside elsewhere; to be released into the custody of youth justice; and to obey all lawful directions of youth justice essential courts unit staff.
11A report from YSAS confirming that you would be able to reside at the youth residential rehabilitation facility at Birribi was undoubtedly influential in persuading Judge Cotterell to release you on bail. Birribi provides, "A structured, experiential environment based on therapeutic community principles for vulnerable young people managing their alcohol and or other drug issues."
12Birribi offers a structured and staged program with young people to reside in their placement for up to six months. You were directed by youth justice under the relevant bail condition to reside at Birribi until today's date. A report from Ms Henderson, a senior youth worker at Birribi, indicates that you left the placement voluntarily on 28 November 2015. In leaving that place without the permission of youth justice or the permission of the court, you were in breach of your bail.
13I note that you have one relevant prior conviction. That is from the Melbourne Children's Court. On 1 May 2012, that court released you on probation for a large number of offences including threat to inflict serious injury; reckless conduct endangering life; assault police; and dishonesty matters. So in this case, specific deterrence and protection of the community have some relevance to sentencing.
14Your counsel submitted a number of matters in mitigation.
15You entered a plea of guilty at a relatively early stage in the process. Your guilty plea has saved the victim from the trauma of giving evidence, and saved the community the cost and expense associated with a criminal trial. You will be given credit for all of these matters.
16I am satisfied that you are remorseful. That was communicated to the police at interview, and is confirmed by the comments you made to Mr Jeffrey Cummins psychologist, when he assessed you on 16 November 2015. Your remorse is also confirmed by your guilty plea.
17I now move on to matters relevant to your background. Although your childhood was unsettled to some extent, you suffered two significant setbacks when your mother died in 2007 and your father died in 2008. You told Mr Cummins that your psychological demise commenced following your mother's death, and that your whole orientation to life abruptly deteriorated after your father's death.
18You started using cannabis, and you commenced smoking heroin. By the age of 15 you had left school, and at that age with the support of your sisters you sought help for your drug problems by becoming a voluntarily inpatient at Tandara Place Rehabilitation Centre in Glen Waverley. I was told that you spent some months there.
19It seems that your life then became more settled. You were able to work, and you remained out of trouble for some time. In 2013 your grandfather died and the family home was sold. You received $127,000 from the sale which, to quote Mr Cummins, "You promptly spent on an expensive car and on alcohol and on drugs." Within a very short time, you had become homeless.
20Mr Cecchin, you have to accept the fact that you cannot use drugs and alcohol. The abuse of these substances has had a profoundly destabilising impact on your life. It seems that you did get your life back on track after spending some time at Tandara Place, however, you relapsed into drug and alcohol abuse, and that relapse helps explain your offending. It does not, of course, excuse your offending.
21It does seem to me very unfortunate that you decided to leave Birribi without completing that program. As Mr Riordan, the senior court officer says in his report:
"Mr Cecchin does exhibit immature, impulsive behaviours, such as this current decision to leave Birribi, an environment where he received the help and support that he needs."
22Mr Cecchin, you are a young offender, and rehabilitation is still a relevant sentencing consideration in your case. Your counsel submitted that given your young age, it would be appropriate to release you on a community corrections order.
23The seriousness of this offending; the fact that the offence was committed whilst on bail for other matters; your prior conviction; and your ongoing struggles with alcohol and drug abuse all speak against that submission.
24The matters I have just outlined also explain why I have some concerns about your prospects of rehabilitation. However, I am satisfied that you are an impressionable and immature young man who would be subject to undesirable influences if you were sentenced to a period of imprisonment.
25This is why I decided prior to lunch to have you assessed, to see if you would be suitable to undergo a sentence of confinement in a youth justice facility. The assessment is a favourable one, and I intend to make such an order. Would you please stand.
26On the charge of armed robbery, you are convicted and sentenced to two years and three months' detention in a youth justice centre. On the related summary offence, you are convicted and sentence to be detained for one month.
27Because I have regarded the offending on bail as an aggravating factor on the armed robbery, there will be no order for cumulation.
28I declare that you have served 81 days' presentence detention.
29If you had pleaded not guilty and been found guilty after trial, I would have imposed a term of imprisonment of three years, with a two year minimum before you would be considered to be eligible for release on parole. You can seated. Are there any other matters?
30MR PYNE: The only other matter I would raise is that from some of the materials on my brief, there has been, a while ago, but a history of self-harm. I don't know whether or not that is something that Your Honour can make in ‑ ‑ ‑
31HIS HONOUR: So you would ask me to?
32MR PYNE: To make an endorsement.
33HIS HONOUR: Note a custody management issue.
34MR PYNE: Yes.
35HIS HONOUR: That Mr Cecchin may be at risk of self-harm.
36MR PYNE: Yes. I mean, I can say I didn't have any of that indication when I spoke to him, but I think from the materials I've read, it's something I should raise.
37HIS HONOUR: Yes, thank you. Perhaps I should also explain something else to Mr Cecchin. Mr Cecchin, in relation to this sentence, it is not for the court to fix a minimum term before you will be eligible for release on parole. That will be a matter for the youth parole board. So when you go into the youth detention facility, I anticipate you will then be spoken to by those who administer the youth parole system, and then they will start to plan for your release on parole. Nothing else?
38COUNSEL: No, Your Honour.
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