Director of Public Prosecutions v Drury

[2018] VCC 2174

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR 17-02431

DIRECTOR OF PUBLIC PROSECUTIONS

v

JOSHUA DRURY

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JUDGE:	HIS HONOUR JUDGE LACAVA
WHERE HELD:	Melbourne
DATE OF HEARING:	12 December 2018
DATE OF SENTENCE:	13 December 2018
CASE MAY BE CITED AS:	DPP v Drury
MEDIUM NEUTRAL CITATION:	[2018] VCC 2174

REASONS FOR SENTENCE
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Subject:  Armed robbery.
Sentence:                  2 year community corrections order.

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr J. Singh
For the Accused	Ms B. Smallwood

HIS HONOUR:

1Joshua Drury, you have pleaded guilty to one charge of armed robbery for which the maximum penalty is 25 years' imprisonment and one charge of theft.  You have also admitted a relevant criminal history.

2The circumstances of your offending are contained in a summary of prosecution opening dated 30 March 2018.  That document was tendered in evidence and marked as Exhibit A and read to the court by Mr Singh who appeared to prosecute.

3Your counsel, Ms Smallwood, accepted that the prosecution opening was accurate and forms a proper basis upon which I can proceed to pass sentence upon you.  The document, having been read to the court, it is not necessary that I hear repeat in full that which is set out in the summary except to refer to it in an abbreviated way.

4On 21 July 2016 you and accompanied by another offender carried out what might be described as an amateurish low level armed robbery at a Dan Murphy's outlet in Frankston.  You were armed with a hammer and you stole a bottle of scotch valued at $216.99.

5The episode was fully observed by employees.  In my view it is a low level example of what is a serious offence and you may appreciate that it is a serious offence from the fact that it carries a maximum penalty of 25 years' imprisonment.

6The following day you stole a mop from a Masters Home Improvement store and that constitutes the count of theft.  Again, your crime there was a very amateurish and low level example of what is also a serious offence. 
Ms Smallwood, who appeared on your behalf, provided the court with a very helpful and detailed outline of plea submissions which I marked as Exhibit 1.

7Again it is not necessary that I here repeat that which is set out fully in her written submission and I also received into evidence a psychological report about you prepared by Fiona Best which I marked as Exhibit 2.  That report is dated 23 November 2018.

8I also received into evidence a report from the Assessment and Referral Court of the Melbourne Magistrates' Court, a program that you have previously been admitted to and have completed, together with a letter from Odyssey House under the hand of Mr Renee Di Santana, who also appeared to give viva voce evidence on your behalf.

9I received into evidence two judicial monitoring reports that relate to judicial monitoring of you on a community corrections order that has only a few months to run, as well as a letter from Headspace dated 27 March 2018 and a schedule of your in house treatment at the Alfred Hospital in the Psychiatric Unit.

10You have pleaded guilty to the charges and you did so at the earliest available opportunity.  That is to your credit.  By your pleas of guilty you have facilitated the course of justice and importantly admitted responsibility for your crimes and by your pleas you have saved the time and cost of a trial.

11Because of this you are entitled to a reduction in sentence and this will be reflected in the sentence that I will shortly pass.  Ms Smallwood submitted that because of matters personal to you outlined in her submissions that I should place you on a community corrections order notwithstanding the seriousness of this offending.

12That disposition, quite properly in my view, was conceded by Mr Singh who appeared to prosecute.  Your background as a young offender is tragic in my view.  You have had a number of issues to contend with in life as a young man and I am satisfied from the evidence that I have received, particularly from
Mr Di Santana from Odyssey House, and your employer, Mr Mumford, that you appear to have seen the error of your earlier ways in involving yourself in drugs.

13About a year ago it seems that you have set about a course in your life which gives hope for your full rehabilitation.  You are employed as a brick layer. 
Mr Mumford spoke glowingly of you as a person, of the problems that you have had to contend with and the way that you have embraced the opportunities that you have recently been given.

14Because you are a young person, although not a young offender strictly so called, but you are young, I must give emphasis in the sentence to your rehabilitation and that is what I will do.  I had you assessed for suitability for a community corrections order and I have received a report as a result of that assessment.

15You have been assessed as suitable for a further community corrections order and that is the course that I will take.  On each of the charges with conviction I make a community corrections order.  There will be conditions that you undergo supervision and programs and treatment for rehabilitation from drugs to assist you with your mental health and to reduce the prospects of your re-offending.

16I specifically have not as part of this order made an order for you to undertake unpaid community work.  In my view that may not be appropriate in this case.  I do not want you coming into contact with people who might lead you into trouble.

17For these reasons I will make the community corrections order in the terms that I have just enunciated. For the purposes of s.6AAA of the Sentencing Act had it not been for your pleas of guilty to the charges I would have imposed a term of imprisonment of two years and ordered that you undergo one year before being eligible for parole.

18I have been asked to sign a disposal order which I have signed.

19MR SINGH:  Your Honour, the CCO and alcohol.

20HIS HONOUR:  Did I not mention alcohol?

21MR SINGH:  Your Honour hasn't specified the term of the length of the CCO.

22HIS HONOUR:  Yes, the term of the order will be with conviction for a period of two years.

23MR SINGH:  As Your Honour pleases.

24HIS HONOUR:  I did not mention alcohol but I  meant to mention alcohol.  There will be programs, treatment and rehabilitation from drugs and alcohol.  Any questions arising out of that?  Come out of the dock if you would please,
Mr Drury?

25Mr Drury, I want you to understand what I am about to say.  The effect of this community corrections order is (a), that you must comply with it in every way, that is the conditions, and (b), not commit any offence punishable by a term of imprisonment in the next two years.  Do you understand?

26OFFENDER:  Yes.

27HIS HONOUR:  I am not going to waste my time ordering for judicial monitoring, I am going to leave it all entirely up to you, but I want you to completely understand that if you come back here before me having committed another offence you will have breached the community corrections order and short of a miracle you will go to gaol.  Do you understand?

28OFFENDER:  Yes.

29HIS HONOUR:  I hope you do.  You have been given the opportunity.  A lot of people are backing you so repay the trust that they are placing in you and stay out of trouble.  Do you understand?

30OFFENDER:  Yes.

31HIS HONOUR:  The police have got far better things to do than to chase armed robbers who steal bottles of Shivas Regal and mops so just stay out of trouble with you would.  Very well, on the rising of the court you are free to leave.

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