Director of Public Prosecutions v Datson

[2017] VCC 1391

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR 17-00536

DIRECTOR OF PUBLIC PROSECUTIONS

v

JAKE DATSON

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JUDGE:	HIS HONOUR JUDGE MONTGOMERY
WHERE HELD:	Melbourne
DATE OF HEARING:
DATE OF SENTENCE:	26 September 2017
CASE MAY BE CITED AS:	DPP v Datson
MEDIUM NEUTRAL CITATION:	[2017] VCC 1391

REASONS FOR SENTENCE
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Subject:
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Cases Cited:
Sentence:

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr A. Trotman
For the Accused	Ms P. Chaya

HIS HONOUR:

1Jake Datson, you have pleaded guilty to one charge of armed robbery.

2The facts of the matter are set out in the summary of prosecution opening, which is not disagreed with by your counsel.  Any reader of these reasons can refer to that exhibit to place the sentence in its full factual context.

3Briefly stated, on 19 December 2016, you entered a 7-Eleven Store in Mornington.  You had a knife.  You threw a red backpack to the attendant at the store and said, "Fill it up."  You waved the knife towards him.

4You entered the area behind the counter.  You took $180 cash from the cash register.  You demanded that the store attendant fill your bag with cigarettes, which totalled 13 packets.  You left the store via the front door and departed on a bike.

5When interviewed, you really had very little memory of what occurred.

6You have admitted your criminal record, which is quite extensive.  It goes up to Children's Court in February of 2016 and thereafter, some matters in the Magistrates' Court.

7Your criminal history includes offences for violence, drugs and dishonesty.  It is a depressing document to read.

8On your behalf, your counsel, Ms Chaya, submitted in mitigation, I should take into account your plea of guilty and I do so.  It is an acceptance of responsibility by you for your behaviour and will save the court the time and cost of a jury trial.

9You are now aged 20 and that is an important sentencing consideration.

10It is the first time you have been in adult gaol.  You have now served 246 days, awaiting disposition of this matter.

11You have family support.  Your brother gave evidence of accommodation for you and support for you when you are released and in particular, said that if you relapsed into drug use, you would not be able to live at his place.

12Your counsel also asked me to take into account the fact that you have already done 30 days for another offence, thus bringing into play the principle of totality.

13Your personal history and circumstances are set out in your client's outline of plea submissions and in the report of psychologist, Carla Ferrari.

14To say that your upbringing was horrific would be to understate it.  Why would it be any surprise to anyone that you have the criminal history you have considering your upbringing.

15You have been diagnosed with post-traumatic stress disorder.  You really do not have a lot of education.  You do not have a work record.  You began using drugs at the early age of nine and ten.  Using methamphetamine at 13.  You have been homeless, unemployed.  You also developed an addiction to Xanax.

16In her report, Ms Ferrari sets out your background.  Again, I will not refer to some of the very disturbing things that have occurred to you during your 20 years of life.

17Her report says that you understand that reforming your lifestyle will mean that you will not be able to or should not associate with people who are going to use drugs and indeed, the secret to any rehabilitation for yourself is to refrain from using drugs.

18She considered you to be at a low to moderate risk of recidivism, something the extended community corrections report is at odds with.  You said to her that you were fully aware and admit that as a juvenile, you took advantage of the judicial system and did not engage with services.  However, you understand as an adult you cannot afford to continue to engage in your former lifestyle and rehabilitate yourself.

19She indicated that your risk of reoffending would increase should you start using substances again or not use professional support to address your issues.

20There is potential.  She said that your mental health would worsen if sentenced to a further term of imprisonment.

21I ask for an extended community corrections report, which I received, but I do not think I have given a number to.

22#EXHIBIT D3 - Report by Craig Goodwin dated 08/09/17.

23You said to the makers of the report that you had no recall of the event, but upon viewing the CCTV and knowing what is in the hand-up brief, you are disgusted by your actions.

24An assessment of risk level was undertaken it was determined, pursuant to the various tests they gave you, to be high.  It set out a number of places you can be referred to - the Australia Community Support Organisation, the YMCA Bridge Program and possibly the Victoria Aboriginal Health Service as you now identify as being Koori.

25It is concluded that you are a 21 year old offender.  You appear to have a good level of insight into your current offending behaviour and the reality of spending your young adult life imprisoned if you were to continue with your current behaviour.  I have taken all those factors into account.

26The basic purposes for which a court may impose a sentence or punishment are general deterrence.  That is, to try and send a message to others who want to go into 7-Eleven and commit a similar crime, that if they do, there will be consequences.

27Specific deterrence.  That is, to try and get across to you that you cannot continue on with this sort of behaviour, and that is a significant sentencing factor here because of your criminal history.

28I must have regard to a range of matters, such as the seriousness of the offending, and this sort of offending is serious.  The community are sick of it.  Your culpability for it, your personal circumstances and the effect that it has had on the store attendant, although there is no victim impact statement.  You can imagine if at the time you are in the 7-Eleven working and somebody like yourself comes in waving a knife, demanding things, how you would feel.  Soft targets indeed.

29Prosecutor asked me to take into account the seriousness of the offending and the fact that it was a soft target.  That you had a knife.  You went behind the counter.  You waved the knife and you destroyed some of your clothes afterwards.

30The prosecutor said you had a guarded prospect of rehabilitation, but acknowledged that a combined corrections order and a sentence of imprisonment was within the range.

31Taking all those factors into account, I impose the following sentence.

32I sentence you to a term of imprisonment of ten months.

33I declare the time of 246 days that you have already served be reckoned to be part of the term of imprisonment I have just imposed.

34Pursuant to s.18, sub-s.1 of the Sentencing Act, upon release, you are to be placed on a community corrections order for a period of two years, with conditions of supervision and there will be a judicial monitor by me sometime in January.  We will give the date shortly.  Further conditions of drug assessment and treatment, mental health treatment and offending behaviour programs.

35Just take a seat while that is prepared, thank you.

36I declare pursuant to s.6AAA of the Sentencing Act that if you had proceeded to trial by jury and you were convicted by a jury, you would have received a sentence at least of four years with a non-parole period of two.

37Are there any other orders I need to make?

38MR TROTMAN:  Your Honour, only to note the disposal order on the last occasion.

39HIS HONOUR:  Yes, I have made the disposal order.  All right.  We will prepare the CCO and see if you client wants to sign it, Ms Chaya.

40MS CHAYA:  Yes, Your Honour.

41HIS HONOUR:  We will set the judicial monitoring date for 25 January at
10 o'clock, which means you have to come back before me and I see how you are going.  If you are going all right, it will take a second.  If not, it will take longer.

42MS CHAYA:  Your Honour, may I take this time to approach my client?

43HIS HONOUR:  Sure.  Ms Chaya, if you would like to take that up to your client ‑ ‑ ‑

44MS CHAYA:  Yes, Your Honour.

45HIS HONOUR:  ‑ ‑ ‑ and see if he wants to sign it please.  Mr Datson, you have signed the community correction order saying you understand the effect and conditions and consent to it being made.  Is that correct?

46OFFENDER:  Yes, Your Honour.

47HIS HONOUR:  If you breach the order, you come back before me and I have to think of something else to do with you and you know what that will be, I would imagine.  Unless there is some compelling reason why I should not.  So, it is a matter for you to comply with the order when you are released and go into the programs they tell you to go in and it might possible help you.  Otherwise if you go back to drug use, you will be reoffending.  You will breach this order and you know how long you are going to spend in gaol.

48Thank you.  Adjourn the court until 11.30,  thank you.

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