Director of Public Prosecutions v Flower

[2018] VCC 812

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

AT BENDIGO
CRIMINAL JURISDICTION

CR 18-00378

DIRECTOR OF PUBLIC PROSECUTIONS

v

BLAKE FLOWER

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JUDGE:	HIS HONOUR JUDGE DEAN
WHERE HELD:	Bendigo
DATE OF HEARING:	29 May 2018
DATE OF SENTENCE:	1 June 2018
CASE MAY BE CITED AS:	DPP v Flower
MEDIUM NEUTRAL CITATION:	[2018] VCC 812

REASONS FOR SENTENCE
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Subject:

Catchwords:  Theft; attempted burglary; burglary; theft of firearm; shorten the barrel of a long-arm; prohibited person using a firearm; crime spree; general deterrence; specific deterrence; youthful offender; need for treatment and counselling; polysubstance abuse disorder; anti-social personality disorder;

Legislation Cited:
Cases Cited:
Sentence:

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr A. Moore	Office of Public Prosecutions
For the Accused	Ms E. Millar	Victoria Legal Aid

Pages 1 - 1

 

 

HIS HONOUR: 

1Blake Flower, you have pleaded guilty to the following charges –

2(i) Three counts of theft, contrary to s.75(1) of the Crimes Act 1958. The maximum penalty for that offence is 10 years imprisonment.

3(ii) One count of attempted burglary contrary to s.76(1) and 321M of the Crimes Act 1958. The maximum penalty for that offence is 5 years imprisonment.

4(iii) One count of burglary contrary to s.76(3) of the Crimes Act 1958, the maximum penalty for that offence is 10 years imprisonment.

5(iv) One 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 or both.

6(v) One count of being a prohibited person using a firearm contrary to s.5(1) of the Firearms Act 1966, the maximum penalty for that offence is 10 years imprisonment or a fine of 1200 penalty units or both, and;

7(vi) One count of shorten the barrel of a long-arm contrary to s.134(1) of the Crimes Act 1966.  The maximum penalty for that offence is 4 years imprisonment or a fine of 240 penalty units or both.

8You have also pleaded guilty to the following related summary offences –

9(i) One count of unlicensed driving contrary to s.18(1)(a) of the Road Safety Act 1986. The maximum penalty for that offence is 3 months imprisonment or a fine of 25 penalty units or both.

10(ii) Two counts of careless driving contrary to s.65 of the Road Safety Act 1986, the maximum penalty for that offence is a fine of 12 penalty units or 25 penalty units for a subsequent offence.

11(iii) One count of failing to provide a name and address following an accident, contrary to s.61(1)(c) of the Road Safety Act 1986, the maximum penalty for that offence is a fine of 800 penalty units or 8 months imprisonment or both.

12(iv) One count of failing to render assistance following an accident, contrary to s.61(1)(b) of the Road Safety Act 1986, the maximum penalty for that offence is a fine of 80 penalty units or 8 months imprisonment or both, and;

13(v) One count of failing to report an accident to police, contrary to s.61(1)(e) of the Road Safety Act 1986, the maximum penalty for that offence is a fine of 80 penalty units or 8 months imprisonment or both.

14You 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 victims of your offending the ordeal of giving evidence and it has spared the community the burden of complex criminal proceedings.  I also accept that you are now remorseful for your offending and its consequences.

15You have admitted a criminal history for a range of serious offences, many of which were committed against your parents.  You also have an extensive history of traffic and driving violations. 

16Your offending began when you were 16 years old and dispositions imposed by courts, have to date, failed to deter you from offending or bring about your rehabilitation. 

17A prosecution opening was read to the court and tendered in evidence and your offending may be summarised as follows –

18On 22 November 2017, at 4 am you drove a friend's vehicle to a petrol station in Strathdale and stole a quantity of petrol.  Shortly afterwards, you and your co-offender, a woman aged 21, attempted to burgle the post office at Junortoun but were disturbed by the business manager. 

19Later that morning, you stole an Isuzu vehicle from a property in Axedale, together with its' contents, including a small quantity of money.  You were observed stealing the vehicle by the owners, who then left the premises to search for it.  You returned to the premises, entered a shed and forced open a gun cabinet containing four firearms which you stole, together with a quantity of ammunition. 

20After leaving the premises, you collided with a tree causing extensive damage to the Isuzu which you then abandoned.  You were then picked up by your co-offender and driven to the Axedale Golf Club where you twice discharged one of the stolen firearms.  Following this you then drove to your premises and cut down the stolen Baikal shotgun using an angle grinder.  You and your co-accused then drove towards Castlemaine, intending to store the four firearms and ammunition that you had with you there. 

21At the intersection of High Street and Lansell Plaza in Kangaroo Flat, you drove through a red light and collided with two vehicles causing injuries to the drivers of them.  You exited your vehicle carrying the firearms with you.  Witnesses directed police to the location where you had fled to, and you were there arrested.

22You made some admissions to investigators during the course of a record of interview conducted with them, but generally denied your offending.  

23I have received, in evidence, two Victim Impact Statements from the drivers of the vehicles that you collided with, and I accept that your offending and reckless disregard for the safety of other road users has had a deeply traumatic effect upon them.

24Your offending over the course of a single day, may properly be described as a crime spree, no doubt fuelled by your drug addiction and disregard of the consequences of your actions and lack of respect for the property of law abiding members of our community. 

25It is the fundamental responsibility of this court to protect that community from offending of this nature and you must be punished for your crimes.  Furthermore, the sentence I impose must be calculated to deter others from offending in this manner and specific deterrence is, in my opinion, a significant sentencing consideration in this case. Your theft of the firearms and cutting down the barrel of the shot-gun suggests that your offending may have escalated, but for your arrest.

26I now turn to your personal circumstances. 

27You were born in Castlemaine on 13 October 1992, and are now aged 25.  You are therefore still a youthful offender.  Your parents are in full employment and you have two siblings, aged 17 and 21.  Your parents attended court and you have their support. 

28It would appear that you come from a stable, supportive and loving family which is a positive factor in your life and for your future.  It is however clear, from the evidentiary material before me, that your developmental years were disrupted by marked personality or psychological disturbance from a young age, which has in turn resulted in you developing a severe polysubstance abuse disorder. 

29I have received in evidence, a court-ordered Forensicare report, dated 19 November 2012, which was prepared for a hearing before the Bendigo Magistrates' Court.  The report sets out your development history and psychological profile.  It records your then long-standing drug addiction and, "Long-standing psychological, interpersonal and emotional difficulties." 

30

I have also received in evidence, a recent psychological report of Ms Pamela Matthews, that expresses the opinion that you meet the criteria for anti-social personality disorder.  Ms Matthews also expresses the opinion that your

anti-social personality disorder and drug dependency are closely related to one another. 

31What is clear from the evidentiary material before me, is that the psychological conditions referred to, require treatment and counselling which you have not, to date, received.  As I observed during the course of the plea hearing, in the absence of such treatment, in all probability you will re-offend. 

32Accordingly, in my opinion, it was appropriate for you to be assessed for your suitability for a Community Correction Order with appropriate conditions.  I have received from Corrections Victoria a report stating that you are suitable for such a disposition, and in my opinion, the purposes for which this sentence is to be imposed, will be met by the imposition of a term of imprisonment and upon your release, a Community Correction Order for a period of 18 months. 

33In arriving at an appropriate proportionate sentence in this case, I have also had regard to the fact that you have been in custody, on remand, since your arrest on 22 November 2017 and I do not propose, in the circumstances of this case, to declare that period as pre-sentence detention. 

34In the result, the sentence of the court is as follows –

35In relation to Charges 5, 6, 7 and 8 on the Indictment, you are convicted and sentenced to be imprisoned for an aggregate term of nine months.

36In relation to Charges 1, 2, 3 and 4 on the Indictment, you are convicted and released on a Community Correction Order for a period of 18 months on the usual core conditions, and on the following special conditions;

37That during the course of the order you receive assessment and treatment for drug addiction; that you receive assessment and treatment in relation to your mental health; that you undertake programs to reduce re-offending; that during the period of the order you be under the supervision of a Community Correction officer, and you appear before this court on 6 December 2019 at 9.30 am in Melbourne, for judicial monitoring. 

38On the related summary offences before the court, in respect of the two charges of careless driving, you are convicted and fined the sum of $1500.  I order a stay of one month in relation to the payment of that fine.

39On the balance of the related summary offences, you are convicted and sentenced to an aggregate term of imprisonment of three months.  I direct that that sentence be served cumulatively on the sentence imposed in respect of Charges 5, 6, 7 and 8 on the Indictment.

40This makes for a total effective term of imprisonment of 12 months. 

41All licences held by you are cancelled, and you are disqualified from driving in the State of Victoria for a period of 12 months.

42I have made the compensation orders sought by the prosecution. 

43But for your plea of guilty, I would have imposed a total effective term of imprisonment of three years and fixed a non-parole period of two years.

44Do you agree to enter a Community Correction Order on those terms, Mr Flower, on your release from prison?

45ACCUSED:  Yes, I do Your Honour.

46HIS HONOUR:  Thank you.  We will just prepare that order now.  I will sign them in chambers, I will sign the compensation orders in chambers.  I will make the orders as discussed.  Are any further orders required?

47MS MILLAR:  No.

48MR MOORE:  No, Your Honour. 

49HIS HONOUR:  Thank you.  That completes the list and the circuit.  Thank you both for your assistance.  It has been a very efficient and well conducted circuit.

50MS MILLAR:  Thank you, Your Honour.

51MR MOORE:  Thank you, Your Honour, on behalf of my two very competent instructors, I thank Your Honour's staff too.

52HIS HONOUR:  Thank you very much Mr Moore. We will adjourn sine die. 

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