Director of Public Prosecutions v Glass

[2014] VCC 1378

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

AT BAIRNSDALE
CRIMINAL JURISDICTION

DIRECTOR OF PUBLIC PROSECUTIONS

v

SHANE GLASS

---

JUDGE:	HIS HONOUR JUDGE SMALLWOOD
WHERE HELD:	Bairnsdale
DATE OF HEARING:
DATE OF SENTENCE:	23 July 2014
CASE MAY BE CITED AS:	DPP v Glass
MEDIUM NEUTRAL CITATION:	[2014] VCC 1378

REASONS FOR SENTENCE
---

Subject:
Catchwords:
Legislation Cited:
Cases Cited:
Sentence:

---

APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms A. Bhai
For the Accused	Mr D. Taylor

HIS HONOUR:

1Shane Glass, you have pleaded guilty to one charge of armed robbery, one charge of recklessly causing injury and two charges of robbery.  Those crimes carry maximum penalties of 25 years', 5 years' and 15 years' respectively.  You have pleaded guilty at the earliest reasonable opportunity and I accept that your plea of guilty is accompanied by appropriate remorse.  You must also get the utilitarian benefit of that plea of guilty.

2You are now 28 years of age.  You do have a very significant criminal history, dating back to the Children's Court.  Yours is the criminal history so typical of an underprivileged person with a background of abuse and dispossession.  You have prior convictions for violence and obviously I must take those into account.

3You participated in Koori Court and in my view very much to your credit, you clearly indicated victim empathy and your apology to the victim of this matter was impressive to say the least.  It was also somewhat moving to see your mother leave the room distressed because it was the first time that she had seen you open up so much to other people.  All those things, I think, give rise to confidence in your ultimate prospects of rehabilitation.

4The charges, however, are indeed serious.  On 9 January 2014, you and two others, one Mr Dow and one Mr Marks, had been drinking together and driving around Lakes Entrance.  I simply point out that you have had a problem with substance abuse since around about the age of ten.  At around about 11 o'clock at night, the three of you drove into Bairnsdale where Mr Marks took you to a house in Hoddinott Street because he knew the occupant.  He let you all in because he knew Mr Marks.

5Once inside the house, Mr Dow asked the victim for cannabis, implying that he would pay for it.  He took the victim's cannabis without producing any money then announced that you were all heading across the road to exchange the cannabis for amphetamine from a neighbour.  You all then walked across the road where again some cannabis was smoked and Mr Dow unsuccessfully attempted to obtain amphetamine by swapping the victim's cannabis.  That is the milieu in which all this took place and what flowed from then.

6While at that neighbour's house, the victim received $100 in cash in repayment of a debt.  He returned to his own home and put the money in a cash jar.  He then went back out into the street where he was met by you and Mr Dow.  You demanded that he hand over the $100 so that you could buy amphetamine.  He refused and you punched him to the face and grabbed him in a headlock and proceeded to punch him a number of times to the head.  Mr Dow had held a piece of pipe to the back of his head, making him think that Mr Dow had a gun.  I accept that you did not have that piece of pipe but obviously must have been aware of it.

7He screamed out for help so Mr Dow told him, "We'll shoot you if you keep on screaming."  You then both forcibly searched his pockets before dragging him into the house where his adult stepchildren were.  Once inside the house, you continued to assault him by punching and kicking him to the head and body and you then both demanded that his children produce any cash, mobile phones, laptops or anything of value.  They handed over a Sony mobile, a white LG mobile and approximately $100 in cash.  He saw an opportunity and ran.  He was chased and brought to the ground.  You produced, apparently, a shotgun shell and told him you had the other half of it in the car.  He, being obviously very much afraid for his safety, broke away and found refuge in a neighbour's house. 

8The three of you then returned to Lakes Entrance in Mr Marks' vehicle and the victim was taken to the Bairnsdale Hospital where he received stitches to a gash on his head and he had two teeth knocked out.  I have seen the photos of the injury and it is reckless injury that you are charged with.  There is a victim impact statement where the man says, "My psychological and emotional effects are trouble sleeping at all since 10 February 2014 as well as eating and depression and I can't go out for long."  As we discussed during the course of the sentencing conversation, that is why people get severe, serious sentences for armed robbery.

9A significant gaol sentence is inevitable in this situation, bearing in mind the nature of the offending and the prior convictions that you have for violence and dishonesty.  I then look to matters personal to you.  The first, as I indicated is that you participated in Koori Court and I thought showed a degree of courage, certainly victim empathy and quite clear and profound remorse for the offending that you had carried at.  All of those matters go very much in your favour.

10In simple terms, the matters that relate to your sentencing are that you began using solvents, it was said at around about the age of ten.  Chroming, probably petrol and you now have an IQ of 69 which puts you in the mildly intellectually disabled situation.  Whether that has been brought about solely by the solvent abuse or not, I am unable to say. 

11There is a report from Arbias and a report from Ms Lechner, the psychologist, that refer to these matters.  Accordingly, the principles announced in Bugmy relating to intellectual disability apply in your situation.  I also heard from Mr Lyle from the body of the court who pointed out that, in his view, because of the problems that you had had since you were very young, you have difficulty in making clear cut and rational decisions on the spur of the moment or under pressure.  He said that you act spontaneously and whilst that can be a somewhat endearing feature of your personality, it can also cause you to end up in real difficulty.  Obviously I take those matters into account in terms of the moral culpability as well as general and to a lesser extent specific deterrence.

12The reports that have been tendered indicate or show what I have just said is a sad and far too common problem.  You had very little education, just finally got through primary school.  There is a description in here of you telling the neuropsychologist some years ago that when you were approximately ten years old, you were in a coma for five days after getting very drunk and possibly having your drink spiked.  I accept that such an event took place.  The causes of it could be anybody's guess.

13You have told the neuropsychologist you began chroming at the age of 12 to 13 years, and binge drinking from ten.  That has been the pattern of your existence.  You have a partner who is present at court today with one of your children.  You have five children.  That relationship commenced when you were each in your mid-teens and despite obviously difficulties with that relationship over the years, it still stands as a situation where you do have a life ahead of you once you are released from prison and it should also give you a determination to turn your life around.

14The circumstances here are that the use of ice had only started to occur shortly prior to this offending and I am confident after you had listened to Uncle Bill, saw the photos and Auntie Maureen, that you are fully aware of what the consequences of continued ice use will be, not only for you but for your family and what would inevitably be your unfortunate victims.

15I do not propose to go through their reports in detail.  I daresay you have heard it all before and virtually everybody in this courtroom is going to be aware of a lot of it.  You are the only person who can turn this all around.

16Of real significance is that people spoke on your behalf and you have had in this courtroom today quite extraordinary support from local community.  As I said to you, having spoken to the elders and listened to everybody talk about you, there is not a person who has got a bad word to say about you and that is extremely encouraging. 

17If you, upon your ultimate release from gaol and parole - I will be saying something about that in a moment - can avoid drinking and can avoid substance abuse and the violence that can flow from that, then you should have a very productive life and there is no reason why you cannot.  You have been a very good footballer and people have commented on that.  As Bronnie said at the table, you are in many ways a role model for younger Kooris in the district because of your sporting prowess and I daresay your personality when not intoxicated.

18When you are released, I would simply ask this, that as a result of the conversations that took place today, you clearly indicated that you are prepared to go into a proper rehab situation.  It would seem to me and it would seem to everybody that a period of residential rehab would be the best for you and I would ask that that be investigated, particularly one where your family may be able to go through that with you. 

19Mr Lyle will be available for anybody who is on the parole board who wishes to contact him.  I have no doubt that you will get parole.  You have never been breached before and you behave yourself pretty well in gaol.  It is important that well prior to you becoming eligible for parole, that these matters are all put into place so that you have the security and safety of them before being released. 

20I do not for one second doubt your sincerity when you say that you are going to stop doing these things but it is a different ball game once you are out of gaol and have to walk along the streets of Bairnsdale where temptation will undoubtedly present itself again.

21The prospects of your rehabilitation are in your own hands but I think with the supports around you, they should be good.  If you can rehabilitate and not drink, the risk of you reoffending should be very slight indeed.  As I have indicated, it is serious offending and in the normal course of events, does call for general and specific deterrence.  There must be denunciation of it, no matter what sort of milieu it takes place in and the punishment must be appropriate.

22Sentences for armed robbery can vary and I do not regard your armed robbery as at the high end of the scale but the fact of the matter remains that there were two of you, you belted that bloke over a significant period of time.  You terrified his children and you did it all in his own home and accordingly the sentence must display that.

23I have allowed some accumulation despite my concerns about Charges 3 and 4 being the same actus reus.  I have endeavoured to impose a sentence which reflects the seriousness of what you did but gives you prospects of rehabilitation and parole at an earlier date than may otherwise have been the case.  But, as I said, armed robbery is a serious crime. 

24Accordingly, on Charge 1, two years' and six months'.  On Charge 2, nine months'.  Charge 3, 15 months' and Charge 4, 15 months'.

25In the circumstances, I direct that two months of the sentence imposed on Charge 2, two months of the sentence imposed on Charge 3 and two months of the sentence imposed on Charge 4 be served cumulatively upon each other and upon the sentence imposed on Charge 1.  That gives a head sentence of three years'.  I direct that you serve a minimum term of 18 months' before becoming eligible for parole and I direct that 191 days be reckoned as having been served under this sentence.

26I say, so that you are fully aware of what you saved by pleading guilty and owning up to all this, but for your plea of guilty, in other words if you had fought it out and been convicted, I would have sentenced you to be imprisoned for four and half years, with a three year minimum.

27Are there any other orders I have to make in all this?

28MS BHAI:  No, Your Honour.

29Mr TAYLOR:  No, Your Honour.

30HIS HONOUR:  All right, yes.  Just thank you everybody for being here, it is encouraging to see people in Rocky's situation with good support and I thank the elders for their participation today.

‑ ‑ ‑