Director of Public Prosecutions v Genzo

[2020] VCC 1249

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR 18-01746

DIRECTOR OF PUBLIC PROSECUTIONS

v

NANG GENZO

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JUDGE:	HIS HONOUR JUDGE LAURITSEN
WHERE HELD:	Melbourne
DATE OF HEARING:	6 August 2020
DATE OF SENTENCE:	13 August 2020
CASE MAY BE CITED AS:	DPP v Genzo
MEDIUM NEUTRAL CITATION:	[2020] VCC 1249

REASONS FOR SENTENCE
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Subject:
Catchwords:
Legislation Cited:
Cases Cited:
Sentence:

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms A. Harrold	Office of Public Prosecutions
For the Accused	Ms M. Walker	Ms M. Walker

HIS HONOUR: 

Introduction

1Mr Genzo, you have pleaded guilty to three charges:  on 21 February 2018, you robbed three persons of money, cigarettes and a packet of tobacco; on
5 March 2018, you attempted to rob another person of a watch, wallet, phone and bag; and on 18 March 2018, you robbed another person of money. 

Circumstances

2On 20 February 2018, you were driving your father's car with two friends.  You drove to Lilydale looking for someone to rob.  At about 2 am, the next day, you saw a group of four young persons walking along Main Street, Lilydale.  You parked your car and you and your friends got out.  The three of you confronted these people and demanded money.  One of your friends waved a beer bottle at one of the group.  That person took out his wallet and one of you grabbed the cash, between $200 and $250 and also a packet of cigarettes.

3Further demands were made.  One of the other young persons handed over a pack of cigarettes.  Another young person handed over her packet of tobacco.

4You and your friends drove away.

5These events constitute the first charge of robbery.

6Early on 5 March 2018, you were driving in the Lilydale area in your brother's car with three others.  You were looking for someone to rob.  You saw two persons, Mr Clarke[1] and Mr Urbina[2].  You called a fourth person to come to join in.

[1] Mr ‘Clarke’ is a pseudonym.

[2] Mr ‘Urbina’ is a pseudonym.

7At about 12.45 am, your friends stopped the other two.  You remained behind.  One of your group was armed with a PVC pipe.  He demanded Clarke and Urbina hand over their wallets.  One of the two was punched by one of the group.  Another of the group struck that person with a piece of PVC pipe to the head, knee and shoulder.  The person ran away but was chased and further assaulted.  One of the group struck Clarke with a bottle to his arm and then smashed it over his head.

8A passer-by saw what was happening, called out for the group to stop and said she had called the police.  The group ran away.

9These circumstances constitute attempted robbery, which is Charge 2.  You are not charged with attempted armed robbery because you were not aware that the others had a PVC pipe and a bottle.

10At about 11.20 pm on 18 March 2018, Mr Vasquez[3] and two friends were in the carpark behind a nightclub in Ringwood.  You, together with eight or nine others, approached him.  One of your group spoke to him, grabbed his shirt and was pushing him.  Another person in the group demanded Mr Vasquez give him his mobile phone and wallet.

[3] Mr ‘Vasquez’ is a pseudonym.

11Mr Vasquez ran away but fell to the ground.  He threw his phone and wallet on the ground.  He was punched and kicked while on the ground by a number of your group.  After initially giving the wrong PIN to his phone, Mr Vasquez gave the correct number and then lost consciousness.

12A passer-by, Mr Perry got help from the nightclub.  When a security person arrived, the group ran away taking the phone.

13Mr Vasquez was taken to hospital.  He suffered soft tissue injury to the right side of his face, including his cheek and eye socket.  There was a cut to the right side of his upper lip and his jaw, on the left side, was swollen.

14These are the circumstances of the third charge, robbery, where you agreed with others to rob Mr Vasquez.

15During the period when you committed these crimes, you were drinking excessively after the end of a relationship.              

Guilty plea

16I have treated your pleas of guilty as having been made at the earliest reasonable opportunity because you offered to plead guilty to the charges very early in the process.  They entitle you to a significant discount on the sentence I would have imposed if you had not pleaded guilty but had been found guilty nevertheless.

17Your pleas of guilty are indicative of remorse.  You expressed remorse to the psychologist, Ms Cokorilo.

Personal  

18You are 22.  At the time of these offences you were 20.  You were born in Burma and are the second youngest of five children.  When you were 10, your parents and two sisters left Burma for Malaysia.  At 14, your family came to Australia.

19You went to Ringwood Secondary College but were asked to leave during Year 12.  During 2015 to 2017, you completed Certificates I and II in Mechanics.  In 2018, you obtained an apprenticeship.  This was your 'dream job' but it was terminated when there was publicity over these offences.  You completed a pre-apprenticeship in plumbing and obtained a roof plumbing job, however, that ended in last July.  

20You have no previous criminal history.  Your counsel points out there is a pending proceeding.  I will ignore that because you deny the charges.

21You live at home with your parents and two of your siblings.

22You are unemployed.    

Psychological

23At the request of your solicitor, Sandra Cokorilo, a psychologist, interviewed you on 5 August 2020.  She found you very difficult to interview.  Somewhat tentatively, she thought you were suffering from an Adjustment Disorder at the time of these offences.  The effects of which impaired your judgment and control and were heightened by your drinking.  She was reasonably optimistic about your future, noting your parents' support and your desire to reform.    

Sentencing

24At 22, you are a youthful offender.  In the case of R v Mills[4], this proposition was stated:

'In the case of a youthful offender rehabilitation is usually far more important than general deterrence.  This is because punishment may in fact lead to further offending.  Thus, for example, individualised treatment focusing on rehabilitation is to be preferred.  (Rehabilitation benefits the community as well as the offender.)'

[4] [1998] 4 VR 235 at 241.

25You were assessed for a community correction order.  You were assessed as suitable for such an order.  I accept the assessment and its recommendations.

26Subject to your consent, I propose to convict you on the three charges, place you on a community correction order for 12 months with two conditions:

a)undergo assessment and treatment (including testing) for alcohol abuse or dependency;

b)subject to supervision, monitoring and managing as directed by the Secretary.

27Ms Walker, does your client consent to the making of that community correction order?

28MS WALKER:  He does, Your Honour.

29HIS HONOUR:  You must report to the Ringwood community corrections centre by 4 pm on Monday, 17 August 2020.    

30Would you bring that, make sure he understands that, Ms Walker.

31MS WALKER:  I will, Your Honour.

32HIS HONOUR:  They may well have already made an appointment for him, I do not know that.

33MS WALKER:  I have not been told that they have and can I also just ask Your Honour how it is proposed that he enter into that order?  Is it proposed that he signed the order at Corrections when he arrives or would you prefer if he indicate his oral consent now?

34HIS HONOUR:  Well, he has consented through you.

35MS WALKER:  He has.

36HIS HONOUR:  And you have taken, and I daresay you will take him through the terms again.  I have explained them.  I think that is sufficient.  It can be done at Corrections. 

S.6AAA  

37The final I will say is that but for your pleas of guilty, I would have sentenced you to a total of three months' imprisonment. 

38MS WALKER:  (Indistinct) the court pleases.

39MS HARROLD:  Sorry, Your Honour, there was also the matter of a forfeiture order.

40HIS HONOUR:  Was there?  I am sure there is no opposition to that.

41MS WALKER:  No, Your Honour.

42HIS HONOUR:  I make such an order.  Are there any other matters?

43MS HARROLD:  Thank you, Your Honour.  No, Your Honour.

44MS WALKER:  No.

45HIS HONOUR:  If not, then I will adjourn very briefly until 2.30.

46MS HARROLD:  As Your Honour pleases.

47MS WALKER:  As the court pleases, thank you.

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