Director of Public Prosecutions v French

[2020] VCC 49

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR 19-01157

DIRECTOR OF PUBLIC PROSECUTIONS

v

CHRISTIE FRENCH

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JUDGE:	HER HONOUR JUDGE LAWSON
WHERE HELD:	Melbourne
DATE OF HEARING:	21 November 2019
DATE OF SENTENCE:	24 January 2020
CASE MAY BE CITED AS:	DPP v French
MEDIUM NEUTRAL CITATION:	[2020] VCC 49

REASONS FOR SENTENCE
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Subject:Criminal law – Sentencing – Theft (firearm), burglary, prohibited person in possession of a firearm, Theft, damaging property and attempted theft – Combination sentence of gaol to be followed by a Community Correction Order imposed.

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr D. O'Doherty (For Plea)	Abbey Hogan, Solicitor for the Office of Public Prosecutions
Ms J. McDonnell (For Sentence)
For the Accused	Ms J. Turfrey	Hilton Wood Solicitors

HER HONOUR: 

1Christie French, you have pleaded guilty to one charge of theft of a firearm, three charges of burglary, one charge of being a prohibited person in possession of a firearm, three charges of theft, two charges of damaging property and one charge of attempted theft. 

2The charges are serious and that is reflected in the maximum penalties that have been prescribed by law and they for theft of a firearm, 1800 penalty units or 15 years' imprisonment; prohibited person possess firearm, 1200 penalty units or 10 years' imprisonment; the burglary, theft and damaging property charges each have a maximum penalty of 10 years' imprisonment; and attempted theft is five years' imprisonment.

3You have admitted your prior criminal history.  That is quite extensive and it spans a period from 12 March 2014 until 23 January 2019.  Of relevance you have convictions recorded in respect of aggravated burglary, burglary, theft, attempted burglary and drugs of dependence as well as there being convictions for contravention of past Community Correction Orders.

4I shall proceed to sentence you on the basis of the opening that was read out by the prosecutor at the plea hearing, there was no objection to that opening from your counsel Ms Turfrey. 

5You are currently 29 years of age and you were 28 at the time of the offending. 

6Brent Harmer, the owner of 18 Explorer Drive, Mildura, is the first victim; Dean Cope, the owner of 3 Excelsior Drive, Mildura, is the second victim; and Faye and Walter Duke are the owners of 12 Thomson Grove, Mildura, who are the third and fourth victims.

7In relation to Charges 1 to 5 inclusive, that relates to the occasion on 11 March 2019 at approximately 10.50 am when you gained entry into a residential property at 18 Explorer Drive, Mildura, that is Brent Harmer's property, by smashing the rear sliding glass door and forcing open the security door and then, whilst at that address, you stole a ring, a bracelet, an HP branded laptop and $200 cash.  You also located an air rifle within the cupboard of the master bedroom which you initially did not take, but then you later returned and stole that air rifle before fleeing.  

8The total value of that property that was stolen on that occasion is approximately $2,800 and all that property remains outstanding.  The value of the damage done to the residential premises is unknown. 

9On Tuesday, 19 March 2019 at approximately 1.30 pm you attended the Reject Shop in Lime Avenue, Mildura and stole a backpack, a screwdriver, a hammer, a pair of gloves, the total value of which items is estimated to be $38; that is Charge 8, theft.

10On Thursday, 14 March 2019 between 3 pm and 4.30 pm you gained entry to a residential property at 3 Excelsior Drive, Mildura, which is the property of Dean Cope. There you removed a flyscreen from a rear kitchen window and stole various items of jewellery:  a bangle, bracelets, a gold chain and necklace.  That constitutes Charges 6 and 7 on the indictment.  That is burglary with intent to steal and theft.

11At approximately 2 pm on 19 March 2019 you attended a residential property at 12 Thomson Grove, Mildura.  That property belongs to Faye and Walter Duke.  On that occasion you forced entry into the house by breaking the rear door and then you set about collecting several items of jewellery from the master bedroom.  That constitutes Charges 9, 10 and 11, burglary with intent to steal, damaging property and attempted theft.

12At about 2.15 pm Faye and Walter Duke returned home and they found you inside their home.  Faye Duke instructed you to remove her jewellery from your backpack and then she called police.  You attempted to grab the phone from her before fleeing.  Later you were located and arrested by police nearby.  You gave permission to search your residential unit.  You were cooperative with police and told them about numerous addresses where you had conducted burglaries in the area.

13When interviewed by police you made full and frank admissions in relation to all offending.  You are a prohibited person under the Firearms Act because you have been convicted of an indictable offence and have served a term of imprisonment and not more than five years has elapsed since you finished serving the term of imprisonment of less than five years for such an offence.

14At the plea hearing a victim impact statement was read aloud by the prosecutor. Both Faye and Walter Duke were present.  The impact upon them of your crimes has been significant.  The court heard that Faye Duke suffers from depression, which is ordinarily well controlled with medication, but her condition substantially deteriorated following your offending.  She has difficulty sleeping, has nightmares, her restless leg syndrome has become more problematic.

15She was suffering with mood swings and was very nervous and hypervigilant and she now feels very insecure in her own home.  The security has been upgraded substantially at the home.  Extra security has been put on their windows, extra locks to the sliding doors and they have removed chairs from their front veranda. The side gate has also been removed and replaced with a 180 centimetre fence.  Ms Duke does not believe that she will ever feel safe again and feels terribly violated by your conduct.

16Walter Duke is a person who in the past had war service and was being treated for post-traumatic stress disorder.  Following your offending that has worsened.  He feels agitated, angry, irritable and out of sorts, has trouble sleeping and concentrating and feels on edge at all times.  He startles easily.  He confirms that both he and his wife have now developed a fortress mentality and the changes to the security that they have made at their home has been at great personal financial cost.  He too feels very insecure and unsafe in his own home.

17Each of the burglaries were committed by you on residential premises and involved you causing damage as a consequence of your forced entries.  Your actions must be condemned. 

18Whilst there are no victim impact statement from the other two victims, Mr Harmer and Mr Cope, common sense dictates that, given the way you entered their properties, they too would have been disturbed by having their privacy violated in the manner that has been described.

19In sentencing you, Ms French, I must express denunciation of your behaviour and that is, I condemn your behaviour on behalf of the community and also I must emphasise general and specific deterrence and the protection of the community.  An aggravating feature is that you undertook this offending whilst under a Community Correction Order. 

20However, I have had regard to the powerful mitigating circumstances that have been emphasised on your behalf by Ms Turfrey. 

21In formulating your plea she frankly acknowledged that this is a case where you do have convictions for offending of a similar nature and you have received a variety of dispositions over the years, but you have continued to offend.  Ms Turfrey stated that your course on this occasion has been dramatically different and this has been in effect a real wake-up call for you and a catalyst for real change.

22You entered an early plea of guilty at the earliest stage.  Your plea does have real utility.  You avoided the expense and inconvenience of having a trial, but importantly each of the victims have been spared the trauma of having to come to court and give evidence.  Given what has been said on behalf of Mr and Mrs Duke in their victim impact statements, that is significant.  You have facilitated justice and your sentence will be discounted accordingly.

23I do accept your plea is indicative of real and genuine remorse and that is further evidenced by the written apology that you have provided, addressed to each of the victims.  In addition, you have expressed remorse and shame for your offending to Mr McKinnon, who is the psychologist who provided the report to the court, to your counsellor at WestCASA and the assessor who assessed you for the Community Correction Order.

24Mr McKinnon confirms that you suffer chronic post-traumatic stress disorder of severe intensity that is attributable to difficulties that you encountered as a child and during your early adolescence, and that was operative at the time of the offending. You suffered as a consequence of your parents' substance abuse and mental health problems.  You were also the subject of significant sexual and emotional abuse, violence and unstable relationships in the past and changed living circumstances. 

25I accept that you now openly acknowledge that your actions have had very real consequences to others and that you are very remorseful for what you have done and you are genuine when you say you are sorry for your offending. 

26Ms McDonald, who provided a report from WestCASA, details comprehensively your past history, including the history of abuse, and I do not propose to go through that in detail but I do acknowledge that you have experienced a significant past history of significant abuse that has contributed to your chronic psychological difficulties and post-traumatic stress disorder.

27At the time of the offending you were also abusing illicit drugs and that was on a habitual basis.  You were in an abusive relationship and you openly accept that you offended in order to obtain money to provide drugs.  I accept that your drug use is a manifestation of your self-destructive tendencies and inability to cope with past trauma. 

28You are the mother of four children.  They are currently in your mother's care and they range in age from 12 down to two years.  You intend to have an ongoing relationship with your children and through the assistance of Djirra, a domestic violence and resource centre, you are involved in proceedings with the Department of Health and Human Services to ensure that you do have long-term involvement in their care in the future.

29You have expressed a strong desire to be a better mother and be a person who plays a more positive role in your children's lives. 

30I am satisfied, having read the correspondence from Djirra, that you are genuine in actively pursuing a more positive role in your children's lives and that with their assistance that will be undertaken in the future. 

31I accept you have made real progress through your complex counselling with WestCASA.  You now have significant insight into your own self-destructive behaviours including your vulnerability to be manipulated by dominant others.  You express a desire to address your substance abuse problems, mental health difficulties and significant psychological trauma in the future by continuing your counselling.  Rebecca Newman, psychologist, will continue to provide ongoing intensive psychological treatment upon your release. 

32In prison you have done very well.  You have completed many courses directed at employment opportunities in the future.

33A bundle of certificates have been provided that confirm the various courses that you have completed. 

34You have been making a real contribution in the prison, working full-time as the head baker, and you have been regularly employed each day in that role.  You are well respected within the prison and have not caused any trouble. 

35Your ultimate aspiration is to obtain work in the community as a baker with a long-term goal to own your own food van and to focus on making baked goods. Djirra have offered to assist you in the future in finding suitable employment upon your eventual release.

36Overall having regard to all the progress that you have made whilst in custody I consider you do have excellent prospects of rehabilitation. 

37In the course of the plea hearing there was reference made in relation to your psychiatric history, following which a report was obtained from Dr Fiona Toal, consultant forensic psychiatrist with the Victorian Institute of Forensic Health.  Her report dated 24 December 2019 confirms you are currently receiving antidepressants.  She confirms your history and current diagnosis is consistent with a diagnosis of post-traumatic stress disorder, that being significantly assisted by your current supportive counselling, medical, engagement with work and avoidance of drugs.

38She also said you suffer from substance abuse disorder associated with your post-traumatic stress disorder.  She recommends ongoing drug and alcohol counselling and psychological services with WestCASA and daily participation in work. 

39Ultimately, on your behalf, Ms Turfrey sought a disposition that combined a term of imprisonment to be followed by a Community Correction Order.

40Mr O'Doherty on behalf of the prosecution initially submitted that was not appropriate having regard to the serious nature of the offending.  He submitted that a term of imprisonment was warranted with a non-parole period being fixed; however, given the evidence of your positive engagement with various programs directed at your rehabilitation and the strongly expressed commitment by you to continue to seek support and guidance in the future, he submitted that such a disposition was open.

41My initial view that I expressed during the plea hearing, having regard to your particular circumstances, was that such a combination order was not appropriate; however, I have changed my view, given the significant body of evidence that is now before the court.  I have concluded that yours is a case where remarkable steps have been taken by you to address the multiple and complex factors that have led to your offending. 

42You have demonstrated a real and a genuine desire to reform and I believe with the ongoing aid of the services provided through Djirra, your mental health worker Brett McKinnon in Mildura and Rebecca Newman, psychologist, providing complex counselling, as well as the family support that has been indicated, I consider you are a person who does have good prospects and there is optimism that you could achieve your stated goal to be a model citizen.

43You have spent quite a considerable time in custody. This is the longest time you have been in custody.

44You have been abstinent whilst you have been in prison and that is evidenced in the four negative drug screens that have been conducted. 

45I acknowledge your very real progress that you have made during prison, all of which has led me to conclude that an appropriate disposition that reflects general and specific deterrence and the need to protect the community is in this case a combined sentence which effectively is the time served to be followed by a 12-month Community Correction Order in the terms that I have already outlined, with special conditions of supervision, treatment for drug and alcohol, including testing, and treatment for mental health and other offence behaviour programs.

46I will now come to my conclusion.  In formulating the appropriate sentence I have to have regard to the totality of the offending and the need to impose just punishment.  I ask you to stand now, Ms French.

47In relation to Charges 1 to 11 inclusive on the indictment you will be convicted of each charge and sentenced to an aggregate term of imprisonment of 311 days to be followed by a Community Correction Order of 12 months' duration in the terms I have described. 

48I make the following declaration:  pursuant to s.6AAA but for your plea of guilty I would have imposed a term of imprisonment of three and a half years to serve two years' imprisonment.

49I declare you have served 311 days pre-sentence detention and direct that that be entered into the records of the court. 

50Judicial monitoring will take place on 24 March 2020 at 10 am and that will be via video link from Mildura County Court.  All right.  That concludes my sentencing remarks.  We'll just get you to sign the order. 

51All right, that's signed, we'll get a copy for you.  You'll have to be processed and released from downstairs.  My associate now will make sure all the documentation is provided to the authorities and you'll be released.

52OFFENDER:  Yes, thank you, Your Honour.

53HER HONOUR:  So there won't be anyone to meet your client?

54MS TURFREY:  No, Your Honour, unfortunately for whatever reason.

55HER HONOUR:  So how will she get details of her accommodation?

56MS TURFREY:  She's already got those details.

57HER HONOUR:  She's got those.

58MS TURFREY:  They've already been delivered, so she knows where she's staying.

59HER HONOUR:  Very well.

60MS TURFREY:  How to get there.

61HER HONOUR:  Yes.

62MS TURFREY:  How to get to the Woolworths that's close by.

63HER HONOUR:  Right.

64MS TURFREY:  And then she'll be picked up and taken to the airport.

65HER HONOUR:  Excellent.  All right.  And you're happy that you've got all those details?

66OFFENDER:  Yes, Your Honour.

67HER HONOUR:  All right, good.  We adjourn, thank you.  Thank you very much.

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