Director of Public Prosecutions v Critchlow
[2012] VCC 1281
•31 August 2012
| IN THE COUNTY COURT OF VICTORIA | Revised (Not) Restricted Suitable for publication |
AT MELBOURNE
CRIMINAL DIVISION
Case No. CR-12-01159
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| CHANNELL CRITCHLOW |
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JUDGE: | HER HONOUR JUDGE WILMOTH | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 31 August 2012 | |
DATE OF SENTENCE: | 31 August 2012 | |
CASE MAY BE CITED AS: | DPP v Critchlow | |
MEDIUM NEUTRAL CITATION: | [2019] VCC 1281 | |
REASONS FOR SENTENCE
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Catchwords:
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APPEARANCES: | Counsel | Solicitors |
| For the Director | Ms S. Coombes | DPP |
| For the Offender | Ms F. Holmes |
HER HONOUR:
1 Channell Critchlow, you have pleaded guilty to one charge of aggravated burglary and one charge of possessing a drug of dependence, cannabis. You committed these offences on 4 March 2012 at a boarding house in Dandenong with two others, John Outsikas and Zoran Erdeljan.
2 The victims were Adam Howles and Kristy Vernon. They were acquaintances of the co‑accused Outsikas and went to the boarding house where he lived to enquire as to whether there were any rooms to rent.
3 Ms Vernon went inside to inspect the vacant room while Mr Howles waited outside with Ms Vernon's two year old child. After a few minutes they walked back to their apartment. Outsikas chased after them calling on Howles to return the "weed" he had taken from his room. Howles denied that he had taken anything and continued to walk home.
4 Before arriving home Ms Vernon received a phone call from Outsikas repeating the allegation that they had stolen his marijuana which Ms Vernon denied.
5 They arrived home at about 12.30 p.m. and some time between 2.30 and 3 p.m. they heard yelling and knocking on the door. Howles looked out to see you and Outsikas and two other men knocking on the door of apartment 15, then on the door of the victims’ apartment. Outsikas was yelling at them to open the door. You were yelling to Kristy Vernon by name and you were knocking on the door. The victims heard the screen door being kicked forcefully and retreated to the bathroom with the child. Howles armed himself with a meat cleaver and a hammer and Vernon called the police.
6 You and the other co‑offenders, as well as the driver of the car, all entered the premises and were met by Howles who came out of the bathroom. Outsikas again demanded the return of his weed and Howles swore that he did not have it. Erdeljan pointed a brown handled knife at Howles suggesting he come outside and sort it out there. Howles put down his weapons and complied with that request fearing for the safety of Vernon and the child. Outsikas nudged the bathroom door open and Howles urged Vernon to come out indicating to her he had a knife.
7 The victims saw Erdeljan with a knife but not Outsikas. You later told the police that you saw Outsikas secreting a brown handled knife before leaving his apartment, his rooming house.
8 It is the prosecution case either that both men had knives before entering the apartment or that soon after entry Outsikas handed the knife to Erdeljan. Once outside Erdeljan threatened Howles with the knife by pointing it at him and thrusting it towards him asking for the marijuana. As the victim retreated Erdeljan forcefully head‑butted him to the nose. Then in the presence of all co‑accused, including you, he slashed the inside of Howles' arm with the knife, causing a 3 centimetre laceration that began to bleed heavily. Outsikas began to hit Howles to the back of the head and all the offenders, including you, left before the police arrived.
9 You and the co‑accused were arrested that evening and you volunteered to the police that you had secreted a small amount of cannabis in your pants. When interviewed you made full admissions as to your own involvement and that of the others.
10 You pleaded guilty at an early stage, before the committal, and you are entitled to a discount on your sentence for the utility of that plea, and for the indication of remorse that it represents. I take that into account.
11 As to your personal circumstances and background, you are a single woman aged 20 brought up in Sydney by a great aunt after your mother's death from a heroin overdose when you were two and the imprisonment of your father who you only met once in prison on a visit.
12 Your great aunt was emotionally abusive to you comparing you with your mother and frequently sent you to live in youth refuges.
13 You were expelled from two secondary schools and finally left school in Year 9 when you attended a school for young people living on the streets or unable to engage in mainstream education. As a result your formal education has been very limited. Despite that, you have been able to take up temporary positions from time to time and have also done voluntary work. You have some ambitions and ideas about future employment and if you are able to take advantage of any opportunities for further education, it may be of great assistance to you in realising those ambitions.
14 Returning to your background for a moment. From the age of 15 you used cannabis, with daily use from age 18 until you ceased using it regularly as you disliked its effect. You continued to use it socially as well as the drug MDMA and resorted to binge drinking of alcohol from time to time. Clearly you would benefit from some help in dealing with the risks of substance abuse.
15 A few years ago at the age of 16 you experienced an abusive relationship with a man named Paul which lasted for two years and you have been diagnosed as suffering from post‑traumatic stress disorder as a result. That is confirmed in the psychological report of Dr Cunningham which I read.
16 You came to Melbourne at the beginning of this year trying to make a new start, but knowing no‑one and when your money ran out you lived with a man you met at a railway station, then began living with one of the co‑accused in this matter, Zoran Erdeljan, a man aged 45. The other co‑accused Outsikas is aged 60. The age difference between you and the two men is important because it provides part of the explanation for your involvement in the crime.
17 You were with Erdeljan that morning when Outsikas rang him asking him to join in pursuing the victims for the allegedly stolen marijuana. You were told to go with them because Erdeljan did not want you left alone in the boarding house. You saw the knife in the possession of Outsikas and you later told the police that you thought something violent might happen, but considered that you had no choice but to accompany them.
18 At the scene you did little other than to call out to the victim Vernon and go into the premises with the co‑offenders. Outside the premises you tried to intervene to stop the fighting. In the record of interview the interviewing police conceded that your involvement was of a minimal type and indeed you were co‑operative with the police.
19 You have no previous convictions in the adult jurisdiction with your only court appearances being the two Children's Court matters, neither of which involve violence.
20 Aggravated burglary is a serious crime which usually calls for a sentence of imprisonment. Mr Howles and Ms Vernon in this case were in their own home and they had a very young child with them. The prosecution position is that of course the crime is a serious one and others must be deterred from such offending by knowing that prison will be the result. But in this case the time already served is sufficient punishment. That is the submission that Ms Holmes has made on your behalf and I agree with that, but you have heard that I have expressed some reservations because ideally you should be placed on a community order that could provide you with some supports and structure to assist with your rehabilitation. That has proved to be difficult to implement despite the fact that the enquiries have indicated that it would be possible. And indeed I have chosen not to take that option because it would necessitate you spending further time in custody.
21 Because you are a young person your rehabilitation is the most important part of my sentencing task. Your plan is to return to Sydney immediately and your great aunt has agreed that you may return to live with her. Therefore, you will have stable accommodation and can begin to take steps to secure employment. Hopefully with perhaps the added maturity that the experience of your time in Melbourne may have given you, some stability and safety in your life will assure your rehabilitation.
22 Will you stand now please Ms Critchlow.
23 For all those reasons I sentence you to 67 days imprisonment for the charge of aggravated burglary and a fine with conviction of $50 for possessing cannabis.
24 I declare that the 67 days is already served and that will be entered on the court record. It means that you will be able to be released from custody this afternoon.
25 I will order that the payment of the fine be stayed for three months. That means you have got three months to pay it.
26 The prosecution has asked for a forensic sample of saliva to be obtained and for a disposal order for the cannabis and you have heard the discussion I just had with Ms Holmes and Ms Coombes about the order for the forensic sample under s.464ZF of the Crimes Act. I am going to make both those orders. That means that you will have to attend a police station in Parramatta, Ms Critchlow, for the forensic sample to be obtained by the police there and forwarded to Melbourne.
27 Under s.6AAA of the Sentencing Act I am required to state the sentence I would have imposed if you had pleaded not guilty to these charges. I would have sentenced you to four months' imprisonment The fine would remain the same.
28 The only other matter I need to add is that when you do go to the police station in Parramatta for the forensic sample to be obtained, I have to advise you that the police in general in these matters have the power to use reasonable force to obtain the sample if necessary, but I am sure that will not be necessary, and perhaps Ms Holmes will explain that to you in more detail if necessary.
29 MS HOLMES: I will, Your Honour, yes.
30 HER HONOUR: You may sit down now.
31 MS HOLMES: I just wanted to indicate because of the new provisions in the Sentencing Act you can't get a suspended sentence for this offence any more.
32 HER HONOUR: Thank you very much for alerting me to that. I'll just alter that order under s.6AAA.
33 Therefore, under s.6AAA of the Sentencing Act I would have imposed a sentence for the charge of aggravated burglary of four months custody.
34 MS COOMBES: As Your Honour pleases.
35 MS HOLMES: As Your Honour pleases.
36 HER HONOUR: Any other matters?
37 MS HOLMES: No, Your Honour.
38 MS COOMBES: No, Your Honour.
39 HER HONOUR: I'll just sign the 464ZF order.
40 MS COOMBES: Your Honour, just in relation to the 464ZF order, it does have on that order "Melbourne East", so perhaps if Your Honour makes an amendment to a station in New South Wales or does it have to be ‑ I suppose it has to be a specific police station.
41 HER HONOUR: I think you had better give me another order, Ms Coombes.
42 MS COOMBES: All right. I'll have my instructor email it to Your Honour's associate.
43 HER HONOUR: Yes, all right. If you could make enquiries as to the appropriate station.
44 MS COOMBES: Yes.
45 HER HONOUR: I'll sign the disposal order now.
46 MS COOMBES: Your Honour, I'll just indicate will probably be Parramatta Police Station.
47 HER HONOUR: I wouldn't write that in. I think it's better if it's prepared again.
48 MS COOMBES: Yes, Your Honour.
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