Director of Public Prosecutions v Dawkins

[2024] VCC 792

IN THE COUNTY COURT OF VICTORIA

Revised

Not Restricted

Suitable for Publication

AT MELBOURNE

CRIMINAL JURISDICTION

CR 23-00746

DIRECTOR OF PUBLIC PROSECUTIONS

v

JAKE DAWKINS

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JUDGE:	HIS HONOUR JUDGE JOHNS
WHERE HELD:	Melbourne
DATE OF HEARING:	27 May 2024
DATE OF SENTENCE:	31 May 2024
CASE MAY BE CITED AS:	DPP v Dawkins
MEDIUM NEUTRAL CITATION:	[2024] VCC 792

REASONS FOR SENTENCE

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Subject:  CRIMINAL LAW - Sentence

Catchwords:             Robbery – Intentionally causing injury – Plea of guilty – Progress toward rehabilitation on CISP bail – Limited history – Sobering experience of custody – Combination sentence appropriate

Sentence:63 days’ imprisonment in combination with a two-year Community Corrections Order

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr M. Weinman	Office of Public Prosecutions
For the Accused	Mr T. Fitzpatrick	KCL Law

HIS HONOUR:

1Jake Dawkins, you have pleaded guilty before me to one charge of robbery, which carries a maximum penalty of 15 years' imprisonment and one charge of intentionally causing injury, which carries a maximum penalty of 10 years' imprisonment.  You have admitted one prior matter for which you received a without-conviction disposition.

2Yours is not an early plea.  It was entered effectively at the door of the court as the phrase goes, however, you have pleaded guilty to a lesser offence to what you were facing trial for and you have made efforts to settle the matter prior to recent times over the course of the matter and I accept that that has some significance in that you have indicated a willingness to accept some responsibility for the offending in the past.

3You are 35 years of age.

Circumstances of Offending

4The facts of the matter are set out in the summary prosecution opening, which is Exhibit A on the plea and forms part of these reasons for sentence.  I will not summarise the matter in the same detail but it arises out of a chance interaction, it would seem, between you and your victim, who was someone you had either been friends with or at least acquaintances with previously and you had not seen each other apparently for a couple of years.

5On 16 November 2022 in the evening, your victim was walking in the proximity of you and a person named Mr Valentini.  He was with another person.  As they walked by you, a comment was made about how well behaved the dog was that you had with  you  and you said words to the effect of, 'Not like your mate', or, 'What are you talking about?  Your mate there', with a reference to the victim.  At that time, the victim recognised you. 

6You ran towards your victim and yelled that your victim owed you money.  You struck him around the head.  He was carrying pizzas.  He had been at the pizza shop.  He disposed of them and threw them away in his efforts to flee. He was obviously quite concerned for his safety and welfare.  So much so that whilst running his shoe fell off near a roundabout at the intersection of Mahogany Avenue and Forest Drive, Frankston North.  He fell over and you caught up to him and struck him to the head and back repeatedly also kicking him to the back.  You said that he had 24 hours to produce $5,000 or a vehicle and if he did not, a mutual friend would come after him.  You told him to hand over any money he had.  He gave you $145.

7As a result of the assault, he suffered significant gashes to his left eyebrow and the back of his head, there was extensive bleeding.  He further received a large welt to his back and severe pain to his abdomen.  That is relevant to Charge 2, intentionally causing injury.

8He was assisted back to his home and called Triple 0.  Medical notes  indicate a hematoma and laceration to the back of his head, welts on his back, cuts on his hand and a 2-cm laceration above his left eyebrow which needed sutures.

9This sort of offending is of great concern to the community.  It is thuggish behaviour.  It is apparent to me and it was put as much in court that it was some type of drug-related activity.  Notwithstanding that, it revealed you at that time as someone who was willing to engage in unbridled, unprovoked serious violence.

10You were remanded in custody as was appropriate.  There has been some time, however, since your remand and fortunately for you, you have taken significant steps on the path to rehabilitation and being able to show the Court that you are not the person who engaged in this serious criminal activity in November 2022.

Personal Circumstances

11You spent 63 days in custody and it was a sobering experience for you.  Your father gave evidence on your plea and it was impressive evidence.  He is a hardworking man who watched his son decline, who had been a productive young man going through school and into work, having some problems in relation to ADHD, managing to qualify himself, attend work, and play sport in the community.  Your sister also wrote a letter for you, which was testament to your character as well.  But your father's evidence really painted a picture of someone who got on the slippery slope of drugs and those behavioural changes were observed by your father long before you came to the attention of the police. 

12As is often the way, it affected your employment, you have drifted away from work unable to keep a job due to being unable to get out of bed and you clearly drifted towards those negative influences and others who are engaging in the same lifestyle and that aspect of your life at that time is apparent in the facts of the matter before this court.

13Your father provided evidence, which I accept that in custody it was a very sobering experience for you and you vowed not to associate with those people again and that you have not and you have adhered to strict bail conditions pursuant to the CISP bail program which can be a demanding program and due to a matter which you have dealt with for subsequent to this matter, which I am told predated your remand on this matter at least, you received a CCO, which you are well on the way through completing.

14You are working again and working well in an important job. I received a letter from the Zinlow Group from Peter Wolnizer  and your counsel, Mr Fitzpatrick, pointed out that that ‘dogman’ is a responsible position that requires you to be sober and actually also requires drug testing.  So you have got a lot to lose if you do not continue to abstain and make the gains that you have made.

15I also received a letter from Clint Elijah in relation to AOD treatment.  He states,

'Mr Dawkins reports that he has remained abstinent from all substances of concern for over six months.'

16Well, this, of course, is a dated letter.

'And reports significant quality of life gains resultant of this, which he identifies as protective factors for his recovery.'

17I also received the psychological report dated 3 January 2023 from Dr Puccio which also notwithstanding again being dated is relied upon in support for the submission that you have changed, you are not the person who committed this offence.  So over that period of delay, which is not an inordinate delay in any stretch,  you have shown that you can return to  productive pursuits particularly in employment, enjoying your family, enjoying your friends, enjoying the good things in life and remaining free from substances.

18You are qualified with a number of construction certificates and tickets and these were set out in the outline of submissions filed on your behalf by your counsel.  I accept the matters that are contained therein.

Other Sentencing Considerations

19Notwithstanding, this is a very serious offence and it is a serious example of the offence of robbery, there is for offences such as these a need to impose sentences which deter others from engaging in such conduct.  So general deterrence is very important.  Also, denunciation on behalf of the community, to denounce this conduct as being completely unacceptable and to deter you. But, given your excellent prospects of rehabilitation,much of which has been demonstrated since your period on remand, and given what I accept would have been a very sobering experience for you and a person of your background being in that environment for over a couple of months, I am satisfied that a combination sentence with a Community Corrections Order of some length and a punitive aspect to it can meet in your case the factors of general deterrence, denunciation, specific deterrence as well as taking into account your prospects of rehabilitation and your antecedents.

20So I take into account your plea of guilty.  I take into account what I find to be some contrition in relation to your acceptance of responsibility more so reflected in your response to the charges.  It has been a wakeup call for you.  I do accept that you had a drug addiction for a number of years and that the offending is linked to that.  That, of course, does not excuse such violent, thuggish behaviour but I am satisfied that you are on a very different path now and it would not serve any of the purposes I have referred to, to reincarcerate you at this point in time.

21So tying all the relevant factors together as best I am able, I will sentence you as follows.

Sentence

22In relation to the two charges on the indictment, you will be sentenced to an aggregate sense and that is because they arise out of the same transaction and the aggregate sentence is the combination sentence.

23You are to be l  imprisoned for 63 days in combination with a two-year Community Corrections Order.

24I declare that you have served 63 days by way of pre-sentence detention.

25Pursuant to the Community Corrections Order, the special conditions are that you perform, 80 hours of unpaid community work over that two-year duration.  You will also submit to drug and alcohol assessment and treatment as directed.  Up to 40 hours of treatment conditions can be credited towards the work conditions.  You will be subject to supervision.

26Pursuant to s6AAA, were it not for your pleas of guilty after a trial, I would have sentenced due to three years' gaol with an 18-month non-parole period.

27There are no other disposal orders or anything like that, Mr Weinman?

28MR WEINMAN:  No, Your Honour.

29HIS HONOUR:  All right.  I have made the declaration.  I think that is the only orders I need to make but we will now - you consent to that Community Corrections Order?

30OFFENDER:  Yes, Your Honour.

31HIS HONOUR:  All right.  Well, you can have a seat now.  We will print it off, I will sign it and get your signature.  We will give you a copy and then you can go and report and you have got that hanging over your head for the next couple of years.  If breach it, if you commit further offending, you will be back before me for re-sentence.  If you breach it by non-attendance and this would have explained to you on your previous one, you will also be back before me for potentially resentencing.  So make sure you complete it.  Sometimes people particularly when they are working, they sort of think, 'This is all a bit hard, I really need to prioritise my work and it is not as important'.  It is a court order.  It is a sentence.  It is a sentence alternative to gaol.  So just remember that when it gets a bit hard, that is what you are doing.  You are keeping yourself out of gaol.

32All right.  Now, that will be shown to you for your signature.  Mr Fitzpatrick, if you want to ‑ ‑ ‑

33MR FITZPATRICK:  Yes, Your Honour.  May I leave the ‑ ‑ ‑

34HIS HONOUR:  ‑ ‑ ‑ cast your eye over it and you can go down.

35MR FITZPATRICK:  Thank you, Your Honour.

36HIS HONOUR:  All right.  Well, you will get a copy of that, Mr Dawkins, and you will have to report within a couple of days and just make sure you complete it all and you will not have to see me again.  All right?

37Thank you, Mr Weinman, and thank you, Mr Fitzpatrick.

38MR WEINMAN:  Thank you, Your Honour.

39HIS HONOUR:  We will adjourn the court.

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