Director of Public Prosecutions v Duguid

[2019] VCC 713

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

AT BAIRNSDALE
CRIMINAL JURISDICTION

CR 19-00338

DIRECTOR OF PUBLIC PROSECUTIONS

v

JACOB DUGUID

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JUDGE:	HIS HONOUR JUDGE DEAN
WHERE HELD:	Bairnsdale
DATE OF HEARING:	22 May 2019
DATE OF SENTENCE:	22 May 2019
CASE MAY BE CITED AS:	DPP v Duguid
MEDIUM NEUTRAL CITATION:	[2019] VCC 713

REASONS FOR SENTENCE
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Subject:

Catchwords:  Burglary; Theft; Intentionally damage property; Theft of a firearm; Prohibited person in possession of a firearm; Protection of the community; General deterrence; Specific deterrence; Institutionalisation

Legislation Cited:
Cases Cited:
Sentence:

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr G. Hayward	Office of Public Prosecutions
For the Accused	Mr T. Brown	Warren Graham & Murphy

HIS HONOUR: 

1Jacob Andrew Duguid, you have pleaded guilty to the following charges –

2Two counts of burglary, contrary to s.76 of the Crimes Act 1958. The maximum penalty for that offence is ten years imprisonment or a fine of 1200 penalty units.

3Two counts of theft, contrary to s.74(1) of the Crimes Act 1958. The maximum penalty for that offence is ten years imprisonment or a fine of 1200 penalty units.

4One count of intentionally damaging property, contrary to s.197(1) of the Crimes Act 1958. The maximum penalty for that offence is ten years' imprisonment or a fine of 1200 penalty units.

5One count of theft of a firearm, contrary to s.74AA(1) of the Crimes Act 1958. The maximum penalty for that offence is 15 years' imprisonment or a fine of 1800 penalty units. And;

6One count of being a prohibited person in possession of a firearm, contrary to s.5(1) of the Firearms Act 1996. The maximum penalty for that offence is ten years' imprisonment or a fine of 1200 penalty units.

7You have also pleaded guilty to the related summary offences of –

8Breach of an alcohol interlock condition, contrary to s.50AAD(1) of the Road Safety Act 1986. The maximum penalty for that offence is four months' imprisonment or a fine of 30 penalty units.

9Committing an indictable offence whilst on bail, contrary to s.30B of the Bail Act 1977. The maximum penalty for that offence is three months' imprisonment or a fine of 30 penalty units. And;

10Trespass, contrary to s.9(1)(e) of the Summary Offences Act 1966.
The maximum penalty for that offence is six months' imprisonment or a fine of 25 penalty units.

11You pleaded guilty at committal mention, and I have taken your early plea into account in your favour in mitigation of sentence.  Your plea has spared witnesses and the community generally the burden of a series of criminal trials.  I also accept that it is evidence of some remorse for your offending. 

12You have admitted an extensive criminal history for a range of offences. 
On 23 March 2013 in the County Court at Sale, I sentenced you to five years imprisonment with a non-parole period of three years in relation to one charge of armed robbery.  Your offending now before the court occurred not long after your completion of that sentence.

13Dispositions imposed by courts intended to support your rehabilitation have failed, and sentences of imprisonment have also failed to deter you from reoffending.  The protection of the community and specific deterrence are now prominent sentencing considerations in your case.

14A prosecution opening was read to the court and tendered in evidence, and your offending may be summarised as follows –

15On 5 November 2018, you were arrested driving a Holden motor vehicle in Sale.  An interlock device fitted to the vehicle had been damaged and the device was a condition of your driver's license.

16At the time of your arrest, police were also investigating a burglary committed at rural premises in Munro and other offences. 

17On 28 September 2018, you entered premises at 278 Raglan Street in Sale and were filmed on CCTV entering a shed at those premises.

18Between 17 October 2018 and 20 October 2018, you entered premises at
5 Knight Street, Maffra by forcing a window and a rear door.  You stole two chainsaws from a shed there and also damaged a vehicle that was parked in that shed.

19Between 22 October 2018 and 5 November 2018, you entered the rural property at Munro occupied by a person who you knew.  You there forced entry to a shipping container and stole a motorcycle and trailer from it.  You also forced open a locked firearm cabinet in the container and stole seven firearms. 

20Following your arrest, police located a number of items at your brother's house in Sale, and you also assisted them to recover three of the firearms and motorcycle and trailer.  Four of the firearms have not been recovered, and you have not provided any information as to their whereabouts.  You were also on bail for other offending at the time of this offending.

21In my opinion, the offences of burglary and theft are serious examples of those crimes.  The offence of theft of a firearm is also a serious example of that offence as it involves seven weapons, four of which have not been recovered.  This was a series of serious offences committed by you, and the sentence
I impose must also be calculated to deter others from offending in this manner.

22The theft of seven firearms by a prohibited person is an offence that clearly requires me to impose a penalty calculated to deter others from offending in this manner.  Specific deterrence and the protection of the community are, as I have said, prominent considerations in your case.  You must also be punished for your repeated criminal disregard of the rights and property of others.

23I now turn to your personal circumstances. 

24You were born in Sale on 30 January 1984 and are now aged 35.  You have four siblings who all reside in Gippsland and who are supportive of you.  You also have the support of your mother, who you are close to.  You have a partner who is present in court today to support you. 

25Your formal education was disrupted, in all probability, due to learning difficulties and by the separation of your parents when you were ten years old.  You do not have any contact now with your father.  Your work history has been a limited one, although you have been engaged in farm labouring and other like duties.

26You developed polysubstance abuse disorder in your early teens, and this has, in turn, led to your offending.  It remains a significant issue for you, and programs to rehabilitate you have, to date, as I have said, failed.

27However, it must be said that to some degree, you have also chosen a life of crime, as clearly demonstrated by your almost immediate offending upon your release from prison after more than five years.

28I have received in evidence a series of certificates demonstrating that you have engaged in programs in the prison system, and I have also received character references on your behalf.  Furthermore, I have read the report of Mr Geoffrey Cummins, forensic psychologist, which was tendered on the plea hearing before me in 2013 and again tendered in this proceeding, together with my reasons for sentence.

29Having regard to all of the material before me in this case, in my opinion, your prospects of rehabilitation must be approached with significant caution.

30Nevertheless, I accept that you are remorseful for what you have done, and as you get older, your insight into the destructive path you have taken may improve.  In that context, I also accept that you will require ongoing treatment and support for your drug addiction.

31Much of your adult life has been spent in prison or youth detention, and I also accept, as was submitted by your counsel, that there is a risk that you will become institutionalised.  So much was accepted by your sister in her reference, where she states that you "thrive in prison" due to the structure it provides to you.  I have also had regard to this factor in arriving at an appropriate proportion of penalty in your case.

32In the result, the sentence of the court is as follows –

33On Charge 1, the charge of burglary, you are convicted and sentenced to be imprisoned for 18 months.

34On Charge 2, the charge of theft, you are convicted and sentenced to be imprisoned for nine months.

35On Charge 3, the charge of intentionally damaging property, you are convicted and sentenced to be imprisoned for three months.

36On Charge 4, the charge of burglary, you are convicted and sentenced to be imprisoned for two years.

37On Charge 5, the charge of theft, you are convicted and sentenced to be imprisoned for nine months.

38On Charge 6, the charge of theft of a firearm, you are convicted and sentenced to be imprisoned for two years.

39On Charge 7, the charge of being a prohibited person in possession of a firearm, you are convicted and sentenced to be imprisoned for six months. 

40On the related summary offences, breach of interlock, you are convicted and sentenced to be imprisoned for one month.

41On the charge of committing an indictable offence on bail, you are convicted and sentenced to be imprisoned for one month.

42On the charge of trespass, you are convicted and sentenced to be imprisoned for two months.

43Charge 6, the charge of theft of a firearm, is the base sentence. 

44I direct that 12 months of the sentence on Charge 1, 12 months of the sentence on Charge 4 and three months of the sentence on Charge 7 be served cumulatively on each other and cumulatively on the sentence imposed on Charge 6.

45This makes for a total effective term of imprisonment of four years and three months.

46I direct that you serve two years and nine months before becoming eligible for release on parole.

47I declare that you have served 198 days by way of pre-sentence detention, not including today.

48But for your plea of guilty, I would have imposed a total effective term of imprisonment of five years and six months, and fixed a non-parole period of four years.

49All licenses held by you are cancelled.  You are disqualified from obtaining a driver's license for a period of 12 months.

50Are there any further orders required?

51MR HAYWARD:  No, Your Honour. 

52HIS HONOUR:  Thank you.  Mr Brown?

53MR BROWN:  No, Your Honour. 

54HIS HONOUR:  Thank you.

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