Director of Public Prosecutions v Dawson
[2014] VCC 1170
•23 July 2014
| IN THE COUNTY COURT OF VICTORIA | Revised Not Restricted Suitable for Publication |
AT MELBOURNE
CRIMINAL DIVISION
Case No. CR-14-00756
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| MICHAEL ANTHONY DAWSON |
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JUDGE: | HIS HONOUR JUDGE GRANT | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 23 July 2014 | |
DATE OF SENTENCE: | 23 July 2014 | |
CASE MAY BE CITED AS: | ||
MEDIUM NEUTRAL CITATION: | [2014] VCC 1170 | |
REASONS FOR SENTENCE
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Mr P. Bourke | OPP |
| For the Accused | Mr J. Gullaci | Jeremy Harper & Associates |
HIS HONOUR:
1 Michael Dawson, you have pleaded guilty to one charge of Robbery. The maximum penalty for this offence is 15 years' imprisonment.
2 The prosecutor presented a summary of your offending. It is not my intention to repeat all of that summary. It will be attached to these remarks as Exhibit “A”.
3 Briefly, at about 9.00 pm on 11 June 2013 you and Mr Bowman had unsuccessfully tried to purchase alcohol from the Pre Mix King store in Wendouree. The identification you produced was refused by the store attendant and you left the store. At about 9.30 pm you returned to the store but remained in the car park. The victim, Mr Cogger, had left the store after purchasing some alcohol. You and two co-offenders, Mr Bowman and Mr Rose, followed the victim and knocked him to the ground. Mr Bowman struck the victim and you held his arms while Mr Rose punched him to the face with a crushed can. The three of you stole his alcohol and his wallet. The wallet contained his personal cards, his MYKI card and approximately $460.00 in cash.
4 You were arrested and searched early the next morning.
5 As a result of the robbery, the victim received a laceration to his lip, swelling and soreness to the left side of his face and grazes to both knees. The victim was a vulnerable young man who suffers from a hearing impairment. The $460 that you stole was the money the victim needed to support himself over the next fortnight. He suffered greatly as a result of the loss of this money. In addition, the victim impact statement indicates the distress and emotional harm that he has suffered as a result of this offence.
6 Your counsel correctly conceded that this is a serious matter.
7 Your two co-offenders, Mr Bowman and Mr Rose, were under 18 at the time of the offence. The fact that you were aged 20 at the time of the offence and involved with these two younger men confirms that you are, at the very least, an immature young man who is easily led. Certainly, the observations made by your mother in her letter to the court confirm this view. I am satisfied that the offence was spontaneous and not pre planned.
8 Your co-offenders were dealt with in the Children’s Court. Mr Bowman pleaded guilty to a number of offences. This robbery was one of them. He was placed on probation. Mr Rose pleaded guilty to a number of offences including this robbery. He was sentenced to six months' detention in a youth justice centre. Both young men had significant prior criminal history.
9 Mr Dawson, you are being dealt with as an adult. Generally, the principle of parity will only have limited application in the case of an adult offender where younger co-offenders have been dealt with in the Children’s Court. This is because different principles and practices apply to sentencing in the Children’s Court. However, I do note that in this case I am dealing with a young man who is immature and easily led and I am not prepared to completely ignore the orders that were made for the other offenders. In addition, the fact that the victim identifies the co-offender Rose as the main offender is a relevant matter for me to take into account.
10 At the time of this offence you had a limited but relevant criminal history. You had no prior convictions for robbery. However, in April 2013 you appeared in the Ballarat Magistrates’ Court for a number of offences including aggravated burglary and you were sentenced to a period of detention in a youth justice centre. The current offence occurs after you received that sentence and that sentence clearly did not have a deterrent effect.
11 In determining the appropriate sentence for this offence, there are a number of important matters in mitigation that must be taken into account.
12 Starting with the most significant matter first. After the commission of this offence you were involved in further offences including another offence of robbery. The offences were committed in December 2013 and you were remanded in custody in January 2014. On 13 March 2014, a magistrate dealt with you for a number of offences, including robbery, and sentenced you to a term of 12 months' imprisonment with a minimum term of 3 months before being eligible for release on parole. The magistrate made a declaration that you had served 65 days by way of pre-sentence detention. Clearly, the magistrate anticipated that you would – within a relatively short time - be released back into the community on supervision. The magistrate’s view that you would benefit from support and supervision upon your release back into the community is entirely understandable.
13 Although you would have been eligible for release on parole on 8 April 2014, you have remained in custody pending - so it seems - the resolution of this matter. You have now served over 6 months' imprisonment. Presumably, the Parole Board will consider your position very shortly.
14 It is also significant that this is your first sentence of imprisonment.
15 Mr Dawson, the circumstances that I have just outlined – together with the other matters in mitigation that I will refer to shortly - have convinced me that neither your interests or the community's are best served by imposing additional immediate jail time for this offence. The seriousness of the offending can be marked by the imposition of an imprisonment term but the sentence will be wholly suspended.
16 I briefly refer to the other matters in mitigation.
17 Firstly, you have entered a plea of guilty. You were initially charged with a more serious offence. The matter has now resolved and you have pleaded guilty to a robbery charge. The plea is indicative of remorse. It has also saved the victim from the trauma of giving evidence at a trial and it has saved the community the costs involved in running a trial. You are entitled to an appropriate discount for your plea of guilty.
18 Secondly, you are still a young man. Rehabilitation is a central consideration when dealing with a young offender. True it is, that you have started to build a concerning criminal history. On the other hand, you are now undergoing your first sentence in prison and that undoubtedly has had an impact on you. You have strong support from your mother and you will be able to reside with her upon your release. You have shown insight into the problems that drugs and alcohol have caused you. While in custody you have completed a drug and alcohol program. Two written references from Eastwood Vets are very positive references and confirm your mother’s view that when you are surrounded by positive influences your behaviour can be very good.
19 Mr Dawson, as I previously stated, I intend to impose a sentence of imprisonment but suspend it. You will be convicted and sentenced to 6 months' imprisonment which will be wholly suspended for the next 12 months. If you commit another offence punishable by imprisonment within the next 12 months you will be required, in the absence of exceptional circumstances, to serve 6 months in prison. Had you been found guilty after trial, it is most likely that I would have sentenced you to an immediate term of imprisonment.
20 I make the disposal order sought by the prosecution.
21 I order that you pay $460 compensation to the victim.
22 I also order that you undergo a forensic procedure for the taking of a scraping from your mouth. If you do not cooperate with the authorities in the taking of that scraping, then the sample to be taken will be a blood sample and the police may use reasonable force to obtain the sample. I make this order because of the seriousness of the offending; it is in the public interest to make the order and the making of the order is consented to. Thank you.
23 MR BOURKE: Can I just hand up to Your Honour three copies of the compensation order that is sought.
24 HIS HONOUR: Yes, thank you. I can indicate, Mr Bourke, that the order that I have made pursuant to s.464ZF, I make pursuant to 464ZF(2) because I have no idea when this man will be released.
25 MR BOURKE: So that is an in custody?
26 HIS HONOUR: That is an in custody.
27 MR BOURKE: Yes, I understand the difficulty, Your Honour.
28 HIS HONOUR: The difficulty is what happens to Mr Dawson.
29 MR BOURKE: And when.
30 HIS HONOUR: And when is not a matter for me but for the Parole Board. So it seems in those circumstances appropriate to make the in custody order, form of the order.
31 MR GULLACI: Your Honour, could I ask this, would Your Honour be prepared to order the transcript of Your Honour's sentencing reasons just so that they can be forwarded to the Parole Board because it is a matter that, in discussions with my instructor, we believe would be beneficial too to the Parole Board's consideration of these matters.
32 HIS HONOUR: Yes. I will very quickly revise these sentencing remarks and we will get the revised version to your instructing solicitor and you can provide them to the parole authorities.
33 MR GULLACI: Thank you, Your Honour. I appreciate that.
34 HIS HONOUR: I am sorry. I may need to correct an order I made. I mistakenly thought the order was for $460, it is $490.
35 MR BOURKE: I might have said $460, Your Honour.
36 HIS HONOUR: But it is $490.
37 MR BOURKE: Yes, Your Honour.
38 HIS HONOUR: Then I will need to reflect in my revised sentencing remarks that the order for compensation is in the amount of $490. Mr Dawson, do you understand what has happened.
39 OFFENDER: Yes.
40 HIS HONOUR: In summary Mr Dawson, you have received a six month gaol term wholly suspended for 12 months. You are, as you know, undergoing another sentence and that is subject to review by the Parole Board. What happens to you in relation to your release is a matter for them. If I could just say this to you, upon your release listen to the advice that will be given to you by your mother, she is strongly supportive of you and she does not want you to waste your life by getting into more trouble and being locked up and you should not want that to happen either. You are still a young man, you have your future ahead of you. You can do well if you set your mind to it.
41 The references that I have read from the Veterinary Centre indicate that you are a young man with some very good qualities but what you must do is ensure that you are careful about the people you associate with upon your release, do not involve yourself with drugs and alcohol, and accept the advice and direction given to you by your mum. All right.
42 OFFENDER: Thank you, Your Honour.
43 HIS HONOUR: Yes, thank you.
- - -
Exhibit A:
Court Reference: CR- 14-00756
Indictment No: D13126368.1
IN THE COUNTY COURT OF VICTORIA
AT BALLARAT
CRIMINAL JURISDICTION
IN THE MATTER OF Section 182 of the Criminal Procedure Act 2009
| THE DIRECTOR OF PUBLIC PROSECUTIONS v. MICHAEL ANTHONY DAWSON |
ON PLEA
| Date of document: | 26-6-14 |
| Filed on behalf of: | The Director of Public Prosecutions |
| Prepared by: CRAIG HYLAND Solicitor for Public Prosecutions | Solicitor’s code: 7539 Reference: 1306118/KAS |
OVERVIEW AND PRE-OFFENCE CONDUCT
- The complainant, Callum Cogger (“COGGER”), is hearing impaired. He has some hearing and wears hearing aids in both ears but largely lip reads. He was 19 years of age at the time of the alleged offending. COGGER was robbed by the Accused and two others, one being armed, on June 11, 2013 whilst walking home after purchasing alcohol.[1]
[1] Callum Cogger p 3 and 23
- The Accused Michael Dawson (“DAWSON”) is 21 years of age. His two co-offenders Jaryd Rose (“Rose”) and Damon Bowman (“Bowman”) are children and have been dealt with in the Children’s Court.
- At approximately 5 pm on Tuesday the 11th of June 2013, Bowman purchased an unregistered dark green Hyundai Excel hatch, from Stacey Hughes for $100.[2]
[2] Stacey Hughes p 91
- At approximately 9pm DAWSON and Bowman attended the Pre Mix King in Howitt Street Wendouree in the dark green Hyundai Excel. They entered the store and Bowman attempted to purchase a ten can pack of Woodstock bourbon. The staff member, Matthew Banks, asked to see identification and Bowman provided a learner’s permit and University of Ballarat student ID card in the name of Chris Brown. Matthew Banks did not believe Bowman was the person in the cards and refused to serve him. DAWSON then attempted to purchase the cans himself but was refused as Matthew Banks believed he was buying the cans for Bowman.[3] Both males left the store and entered the dark green Hyundai Excel. Their attendance was captured on closed circuit television.
[3] Matthew Banks p 88
- Whilst in the store DAWSON told Matthew Banks that he had had some tattoo work done. Matthew Banks observed DAWSON to have plastic covering his right forearm which is common after tattoo’s are done. Matthew Banks also observed DAWSON to be approximately 175cm tall[4].
[4] Matthew Banks p 88
- At approximately 9.30pm COGGER entered the Pre Mix King store. Matthew Banks recognised him as a regular, due to his appearance and his hearing aids. COGGER purchased a ten can pack of Woodstock Bourbon.[5] Matthew Banks observed a green hatch, possibly a Hyundai Elantra, arrive before COGGER left the store. From his view of the back seat of the vehicle Matthew Banks thought this was the vehicle that had attended with the males he had earlier refused to serve. The vehicle left two-three minutes after COGGER left the store.[6]
[5] Matthew Banks p 89 NB – Cogger states in his first statement that he purchased Jack Daniels (p60) but then corrects that during the Committal hearing, explaining that someone wrote it down wrong and that it was Woodstock (p9)
[6] Matthew Banks p 89
OFFENDING
- COGGER crossed Howitt Street and walked north along Lake Street on the footpath towards Norman Street. As he was walking the green hatch back drove past and stopped about four houses up from where COGGER was. The three offenders exited the vehicle together and as COGGER walked past he said hello to them and continued walking.[7]
[7] Callum Cogger p 10, 60 and 64
- COGGER then heard footsteps from behind him and was knocked to the ground. As he turned to get up he saw the three offenders. He was struck by Bowman, then his arms were held by DAWSON whilst Rose struck him to the face a number of times with a crushed Jim Beam Bourbon can.[8]
[8] Callum Cogger p 13 - 16 and 24
- Another vehicle drove past and its lights shone upon the males. The three males then stole COGGER’s alcohol and his wallet containing his personal cards, his MYKI card and approximately $460 cash, and they left the area.
- The occupants of the vehicle, including Donna Micallef, spoke with COGGER who told them he had been robbed by Clarke (aka Rose) and others. Micallef drove around for a short time looking for the offenders, but was not successful.[9] Police were then contacted.
[9] Donna Micallef p 36
- As a result of the assault COGGER received a laceration to his lip, swelling and soreness to the left side of his face and grazes to both knees.[10] He refused medical treatment and was taken to his mother’s home where he made a statement and photographs were taken of his injuries. At that time COGGER nominated Clarke (aka Rose) as one of the offenders. He was then taken to his home.
[10] See photographs
- At approximately 12.15am on June 12, 2013 police located the dark green Hyundai Excel parked in Park Street, Redan after receiving a report re a suspicious vehicle. DAWSON, Rose and Bowman were located in the vehicle.[11]
[11] Richard Parkinson p 94, Antony Maggi p 97, Jeremy Stevens p 100, Lee Brown p 103
- DAWSON was searched and $116 in cash and a MYKI card in the name of COGGER were located in his wallet. Constable Almeida showed DAWSON the MYKI card and asked him “is that you?” DAWSON said “it’s a friends’’.[12] $50 and $119 were located respectively upon Rose and Bowman. Bowman also possessed cannabis and the student ID card of Chris Brown.
[12] Constable Sean Almeida p 27-29
- A search of the vehicle located a ten can box of Woodstock Bourbon, five full cans and one empty can of Woodstock.[13]
[13] Detective Senior Constable Mat Hayes p 78
- DAWSON was interviewed at 5.40am on June 12, 2013 at which time he stated he was at his brother’s house from around 8.30pm until 11.45pm and was picked up just prior to being arrested.[14] When asked about how COGGER’s MYKI card came to be in his possession he stated he had been drunk all day and was dropping things on the back seat and thought he must have dropped his card and put it in his pocket, thinking it was his.[15]. He stated he had withdrawn money earlier that evening and that he had spent $100 on a tattoo [16].
[14] Record of interview questions 11, 17, 150
[15] Record of interview question 57, 64-76, 134-138
[16] Record of interview question 47 & 171
- COGGER initially indicated that Jaryd Clark (aka Rose) was the main offender. On June 18, 2013 COGGER provided further information to police, after viewing facebook, that the other two offenders were Bowman and DAWSON.
Timing of plea
A Committal Hearing was conducted on April 30, 2014. The matter later resolved on July 18, 2014.
Victim Impact Statements
TBA
Maximum Penalty
Robbery, per s75 Crimes Act 1958 carries a maximum penalty of 15 years imprisonment (level 4)
Pre sentence detention
The Accused has not served any pre sentence detention in relation to this offence. He was initially charged by way of summons and was then bailed at the Committal hearing.
Sentencing discounts
S6AAA Sentencing Act 1991
Orders sought
Disposal re the box and cans of alcohol seized from the vehicle.
Forensic sample.
Compensation in the sum of $490 in the name of Callum Cogger.
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