Director of Public Prosecutions v Fuller

[2012] VCC 993

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

AT MELBOURNE

CRIMINAL DIVISION

Case No. 12-00389

DIRECTOR OF PUBLIC PROSECUTIONS

v

MATHEW FULLER

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JUDGE:	HER HONOUR JUDGE WILMOTH
WHERE HELD:	Melbourne
DATE OF HEARING:	18 July 2012
DATE OF SENTENCE:	18 July 2012
CASE MAY BE CITED AS:	DPP v Fuller
MEDIUM NEUTRAL CITATION:	[2019] VCC 993

REASONS FOR SENTENCE

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Catchwords:

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APPEARANCES:	Counsel	Solicitors
For the Crown	Mr M. Hannan	Office of Public Prosecutions
For the Accused	Mr S. Gardner

HER HONOUR:

1       Mathew Fuller, you have pleaded guilty to one charge of armed robbery, an offence which you committed on 17 December 2010 at Thomastown at 8.20 in the evening.

2       The circumstances were that you were using heroin at the time and needed money and drove in the car of an acquaintance to the location of the shop where the offence took place.  There was a knife in the car which you took with you and you were wearing a cap and a jacket with a hood which you pulled over your head.  You entered a shop called Club X and approached the sales assistant who was alone.  You were looking down to avoid being identified by means of any CCTV footage and refused to remove your cap and hood when asked to do so by the assistant.  You produced a knife with a six inch long blade and demanded from the assistant all the money he had.  He put $353 into the plastic bag you gave him and you then left the shop.

3       The assistant rang the police but as it happened police on patrol in the area saw you and wanted to speak with you but you avoided them when they followed you.  They noticed you hiding behind a bin and called out to you, whereupon you spoke with them.  The police then became aware through a radio report of the armed robbery and found cash both in your possession and hidden nearby consistent with that taken during the robbery, following which, you were arrested.  The speedy apprehension of you meant that all the stolen cash was recovered.

4       When interviewed by the police, you denied committing the robbery but you pleaded guilty later at the committal mention, which is accepted as the earliest possible opportunity.  You are entitled to a discount on your sentence for that plea because it has avoided the need for a trial and the need for the victim to have to come to court and give evidence.  It has facilitated the criminal justice system and that is a matter of value to its administration.  It is also accepted as an expression of remorse.

5       You are still a young man at the age of 28 and for almost all of your adult life you have been free of trouble in the courts.  But you have unfortunately been the user of heroin for some ten years.  You had used heroin immediately before committing this offence and had used ice some ten hours earlier.

6       At the age of 18, you were dealt with for intentionally damaging property and two charges of possessing a controlled weapon, in each case a knife.  You were fined a total of $1200 for those charges.  That was just over nine years ago and I place little weight upon it, except to observe that it also involved a knife.

7       Since leaving school at an early age, you have had a good history of consistent work in a variety of unskilled areas.  Unfortunately, you began using heroin at the age of 18, funding its purchase from your earnings.  At the age of 21, you entered into what became a long term relationship and two children were born, now aged 5 and 3.  You and your partner built a house and you funded it by working at two jobs.  When you were retrenched from one of these jobs, you were unable to service the mortgage and lost the house.  This combined with drug abuse led to the breakdown of the relationship but you have been able to continue to see the children at weekends.

8       At the time of the offence, you had been laid off work a month previously and were being supported by your then girlfriend.  However, it seemed that your self-esteem had plummeted and you felt as though you were not contributing, which prompted your return to drug use.  Unable to afford to buy it, you resorted to crime.

9       After you were charged, you were released on bail and lived with a friend who was not a drug user and for a time you were employed and were drug free.  Unfortunately, since then you have relapsed but have been candid in telling your counsel about this.  You have been seeing your GP for counselling and your family are also aware of your circumstances and although they rightly take a dim view of your behaviour and have admonished you for it, they continue to support you.

10      Indeed your mother has written an eloquent letter confirming your remorse and guilt over what you have done and providing some detail about the struggles you have had.  They include the acrimonious separation of your parents when you were seven and the difficulties of providing for your family as a young father, to which I have already referred.  Your mother is helping you to make plans for the future, which is important, but will have to be put on hold for some time.  Her friend Ms Baker has also expressed her faith in you as someone who can ultimately return to a positive way of life.

11      There are good indications that you are not a person generally disposed towards committing crimes and that it is drug abuse which, as an adult, has taken you down that path.  It is therefore crystal clear that your rehabilitation is a very important goal and will ultimately protect the community from any further offending by you.

12      Unfortunately, you chose to target a person who was vulnerable to this type of dangerous offending and no matter how resilient he might have been, no doubt he would have been frightened at seeing a knife, even if it were not brandished at him aggressively.  In fact, the victim said you held it towards yourself and not towards him and you also said to him that it was "nothing personal".

13      The nature of the crime means that the courts must send a message to others in the community that it will not be tolerated and will be dealt with harshly.  That is done by imposing an appropriate sentence upon the offender.  In your case, it is appropriate that I sentence you to a term of imprisonment to be served immediately.  I have reached that decision, even though prison is a last resort and even though your rehabilitation is important.  Any other disposition would not adequately address the need for general deterrence.

14      As for specific deterrence, I accept that you have a clear grasp of the seriousness of your criminality and the need to address your drug problem.  But your rehabilitation is in its very early stages and a relatively short time in custody followed by a longer period of parole is necessary.  Would you stand now please, Mr Fuller?

15      You are sentenced to two years imprisonment with a minimum period of 12 months to serve before being eligible for parole.  If you had pleaded not guilty to this charge, I would have sentenced you to three years imprisonment with a non-parole period of two years.

16      The prosecution seeks an order for a forensic sample of saliva to be obtained and that is not opposed.  I must advise you that the police have the power to use reasonable force to obtain the sample, but I trust that will not be necessary.  I note there is no pre-sentence detention.  Are there any other ancillary matters that I have omitted?

17      MR HANNAN:  No, Your Honour.

18      MR GARDNER:  No, Your Honour.

19      HER HONOUR:  No?  Thank you.

20      MR GARDNER:  Your Honour pleases.

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