Director of Public Prosecutions v Godfrey

[2018] VCC 511

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

AT GEELONG
CRIMINAL JURISDICTION

CR 16-01809
CR 17-00800

DIRECTOR OF PUBLIC PROSECUTIONS

v

JORDAN GODFREY

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JUDGE:	HIS HONOUR JUDGE CHETTLE
WHERE HELD:	Geelong
DATE OF HEARING:
DATE OF SENTENCE:	19 April 2018
CASE MAY BE CITED AS:	DPP v GODFREY
MEDIUM NEUTRAL CITATION:	[2018] VCC 511

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

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APPEARANCES:	Counsel	Solicitors
For the Office of Public Prosecutions	Mr M. Regan
For the Accused	Dr M Marich	Marich Legal Pty Ltd

HIS HONOUR:

1Jordan Godfrey, you have pleaded guilty on indictment G11942300 to one charge of attempted armed robbery.  In addition, you pleaded guilty on indictment on G13244290.1, to one charge of aggravated burglary and one charge of damaging property.  You also pleaded guilty to the summary offence of committing an indictable offence, that is, the aggravated burglary whilst on bail.  The facts of your offending are set out in Exhibits A and B, the two prosecution openings.  I was informed by your counsel that I could treat both documents as agreed statements of fact.  I incorporate each into these reasons for sentence and sentence you on the basis of the facts set out there in.

2Very briefly stated, on 16 July 2016 at about 8.30 pm, you had a discussion with the attendant at a 7Eleven store in Latrobe Terrace Geelong.  You showed him a knife up the sleeve of your jumper and told him to open the till.  The victim told you he would call the police, you threw items around the store for several minutes before leaving.  The police arrested you at your residence and you gave a no comment record of interview and then you were bailed.

3In the early hours of Sunday 27 November 2016, you attended at an address in Richmond Crescent Geelong.  You had been in a sexual relationship with the female occupant of the premises.  A few days beforehand you had had an argument with her and had been told "Get the fuck out, don't come back".  On 27 November, the female occupant was not at her home.  A male occupant and another friend of the female occupant were asleep at the house.  You turned up at about 1.15 am looking for the female occupant and when you were told she was not home, you claimed that she was.  You smashed the glass panelled front door and entered the house.  You smashed another glass door inside the premises.  You knew that people were inside locked in their rooms.  You left the location before police arrived. 

4The victim impact statements from the female occupant and the two people who were at the premises that early morning were tendered at your plea, Exhibits D, E and F.  You traumatised them by your actions and the female occupants feels her life has been destroyed.  She had to leave the premises and incurred significant financial expense.  The male occupant suffers anxiety and paranoia that causes migraine headaches, as a result of your actions.  He too was forced to leave the premises.  I take the contents of the victim impact statements into account in sentencing you. 

5You have admitted a limited prior criminal history.  On 17 October of 2016, you were before the Geelong Magistrates' Court on a charge of possess controlled weapon without excuse.  You were sentenced to a community corrections order without conviction.  That sentence of course is not a prior conviction for the attempted armed robbery charge, only the aggravated burglary and criminal damage charges.

6Your counsel inform me of subsequent sentences imposed on 26 May and
28 November of 2017 by the Geelong Magistrates' Court.  These matters are relevant only to demonstrate that the period of June to October 2016 was a period of significant upheaval and turmoil for you.  You were drug and alcohol effected and out of control.  I will return to these matters subsequently.

7At the time you committed the aggravated burglary and criminal damages offences, you were undergoing a community corrections order and were on bail of course, in relation to the attempted armed robbery charge.  You served twenty-one days of pre-sentence detention before being bailed on the attempted armed robbery charge.  After your arrest on 27 November of 2016 for the aggravated burglary offences, you were in custody until being bailed on 21 April of 2017.  You were arrested again on 1 September of last year on a subsequent matter and on 26 September, your bail was revoked in relation to the aggravated burglary matters.  You had served thirty days in custody for a subsequent charge of causing injury recklessly.  You have served 346 days, as I calculate it, of pre-sentence detention in relation to the aggravated burglary and criminal damage charges.

8You pleaded guilty at the earliest opportunity to the attempted armed robbery charge.  You have pleaded to the aggravated burglary and criminal damage charges on the day of your trial, but you had indicated a plea of guilty to the criminal damage charge at committal.  The plea was negotiated for a less serious form of aggravated burglary.  By pleading guilty, you have spared the community the expense of two criminal trials and perhaps more importantly, spared the witnesses the need to give evidence at those trials.  You are entitled to a reduction in sentence to reflect those pleas of guilty and I will return to the effect of those reductions subsequently.

9Turning to your personal circumstances, you recently turned twenty-three years of age.  You were twenty-one at the time of your offending, being born on
14 April 1995.  Your personal history is set out in detail in your counsel's written submissions, Exhibit 1, and need not be repeated in full in these reasons.  You were born in Warrnambool, have four siblings.  Your parents separated when you were young.  You experienced a somewhat disrupted and fragmented childhood and adolescence.  You regularly moved home, then went to Mount Isa at the age of 16, then again to Bunbury Western Australia with your father.  You only completed Year 8 level at school, but resumed Year 11 at Bunbury.  You then started, but did not complete, a diesel mechanic's apprenticeship.

10Your drug use commenced when you were 17.  You used cannabis at 17, but became dependent on methylampetamine, ice, at age 18.  You lost your job in the mine where you were working as a result.  You returned to Victoria to live with your mother in March of 2015.  You found some work before relapsing into methylamphetamine and binge drinking alcohol.  You started experiencing psychotic symptoms as a result of your drug use and these persisted throughout 2016, at the time of your offending.

11Since being in custody over the past months, you have been medicated with both antidepressant, antipsychotic drugs.  Forensic psychologist David Ball reports in Exhibit 2, that you have severe psychotic symptoms that are now managed by that medication.  Mr Ball described you as socially detached and having low self-esteem.  He states:

"Mr Godfrey presents as a socially detached individual, with crushingly low self-esteem, who tends to perceive others as being more capable and worthy.  He often has trouble understanding the feelings and motivations of others and can appear bland and apathetic.  He is frequently lonely and isolated from others.  When faced with intense problems in areas of special vulnerability, Mr Godfrey is most likely to experience a sense of helplessness and hopelessness.  He may exhibit brief frantic, but futile efforts to either assert himself or stand on his own". 

12Your issues peaked in mid-2016.  Your behaviour saw you suffer, what your counsel described, as a cascade of escalating consequences.  On 16 June of 2016, you attended at the Geelong Police Station with your dog.  You were told you had to leave the dog outside.  You then re-entered the foyer of the police station holding a carving knife.  You dropped the knife when you were challenged by the police and it appears that you were suffering some form of mental health event according to the police and they took you to the hospital to be examined.

13Subsequently you were interviewed and you made full admissions and expressed remorse.  You told the police that what you did was a cry for help to try and get you off the ice.  As I previously noted, you received a non-condition community corrections order on 17 October for that offending.  Subsequently, on 11 October 2016, you committed a shop steal and were fined $500 for that.  You were convicted of an arson offence subsequently and received an eighteen month community corrections order for offending that occurred on 30 August 2016.  You splashed petrol around the unit that you were living in, lit it, causing a fire that caused for $54,000 in damage.  When interviewed you made full admissions to this conduct.  Subsequent to being bailed in 2017, you approached a man in the street and asked for a cigarette.  When you were told he did not have one, you punched him.  That led to the thirty day imprisonment term that I referred to before.  Again, I was informed that this occurred at a time that you were on bail and were still using methamphetamine.

14Your mental health issues clearly manifested themselves on the day of your attempted armed robbery.  On 16 July at about 6 pm, you were taken to the Emergency Department of the Geelong Hospital.  Exhibit 6, the hospital records record "Effinol today.  Went for a walk, found lying in some bushes.  Denies drugs.  Feels depressed.  Non-compliant with meds for depression, teary.  PBT .0137".  Other records note, "Found lying in bush by a passer-by who called the ambulance.  PBT 0.137 when arrived".  It appears that after you left the hospital, you went home, then went to the 7Eleven store where you committed the attempted armed robbery. 

15Insofar as that attempted armed robbery is concerned, I sentence you as a youthful offender with no prior criminal history.  At the time, I accept you were distressed and alcohol effected.  Your offending was reactive and spontaneous, it was not planned.  In my view, it falls into a low level example of the offence of attempted armed robbery.  Similarly, your aggravated burglary and criminal damage must be seen as occurring in the context of a troubled young man, making poor decisions as a consequence of his depression and social detachment.  You should not have been at the house, much less entered into and damage the property.  You had no intention to assault the occupants.  Having regard to what the Court of Appeal has said in cases such Hogarth, 2012, VSCA 302, Meyers, 2014, VSCA 314 and Maslen, 2018, VSCA 90, I regard your offending as falling at the low middle level of the offending of aggravated burglary.

16Since being in custody, you have stabilised.  As I said, you are medication compliant.  You have been drug free and taken steps to try and turn your life around.  You have used your time in custody well to undergo various courses.  Exhibit 7 is an exhibit of courses and certificates, including an Ice Effects Program, a Managing Worry Program and Coping with Change Program.  You had been making some progress with Corrections on your community corrections order prior to your remand.  Exhibit 3 is a report from Corrections.  That report states:

"Mr Godfrey's engagement with this service has been frequent since the commencement of his first order, engaging more intensively when he requires assistance.  He regularly attends this service and reports with confusion and inability to self-manage and appears to be unable to regulate his mood.  He has good insight into the importance of having to identify traumatic events and the impact that this has had on him. 
Mr Godfrey represents an elevated set of complexities that he struggles to manage".

17You had completed a good proportion of the unpaid community work ordered.  The report concludes:

"Mr Godfrey is a 22 year old high risk offender whose compliance to date, appears to indicate limited capacity to attain and maintain sustainable treatment goals.  However, due to his positive engagement and motivation to comply, it is respectfully recommended his order be confirmed, to allow Mr Godfrey sufficient time to successfully complete the required conditions".

18Mr Greg Jackman from Headspace provided a report, Exhibit 4, which states:

"Headspace Geelong provides primary care for young people aged 12 to 25 years in the Geelong region, to ensure their needs are met through holistic care and general health, mental and sexual health, substance use issues and vocational educational support.  The multidisciplinary team of general practitioners and Allied Health staff provide free medical service, counselling support, advocacy and referrals.

On 15 March 2016, Mr Godfrey presented to Headspace seeking support in relation to substance use and mental health issues.  Mr Godfrey from this point attended on a couple of sessions.  I believe Mr Godfrey was seeking support of his own volition and was not compelled to do so.  He re-engaged with Headspace on 27 June 2016 and advised he would like to continue to seek support from Headspace.  From this date, Mr Godfrey has attended regularly, has attended a total of ten sessions with myself.

I believe he is now engaged very well and is making progress during sessions.  Mr Godfrey appears committed to addressing his issues around substance use and mental health and demonstrates this by attending the sessions.  I highly recommend that Mr Godfrey continue engaging with support services and remain engaged in long term treatment plan.  I am aware of Mr Godfrey's current matters before court and I am under the belief that not only does Mr Godfrey takes these very seriously, he has shown great remorse for his actions".

19Your mother wrote a reference, Exhibit 5, stating:

"Jordan Godfrey is my son who has been struggling with depression and mental health issues, in particular, since he was hit by a car at the age of 14 years.  Jordan moved back to Victoria to live with me and did well securing a rental property and work.  This fell apart when Jordan's relationship broke down.  Twelve months later Jordan returned to self-medicating his depression with alcohol and drugs. 

It was at this time that Jordan started hearing voices and I had been trying to get him help with the Mental Health Team who were hesitant due to Jordan's drug use.  Before he was imprisoned in August last year, he had only just started to receive drug treatment and medication.  It has taken up to only a month ago for him to start receiving support and medication whilst in prison and the changes I have seen in him in that time have been huge and extremely positive.

I believe that if Jordan continues with his treatment and stays away from drugs and alcohol, he will return to being the kind hearted gentle person he once was".

20Clearly your prospects for future rehabilitation are dependent on your remaining drug free after you are released from custody.  You have family support and clearly can be a valuable member of the community, if you put drugs behind you.  That said, general deterrence, just punishment and denunciation of your conduct are the principal sentencing factors for the offences of attempted armed robbery and aggravated burglary.  Your counsel properly conceded as much and acknowledged the seriousness of your conduct. 

21I take into account in your favour, as I said, your pleas of guilty, your age.  Because you are only 21 years of age, your future rehabilitation is clearly important for both you and the community.  Your mental health issues, you will find your time in custody more onerous than others, without your issues will.  Your prospects for rehabilitation, which I assess as reasonable and finally I take into account principles of totality including the thirty days you have spent in custody for the additional offence, subsequently imposed.

22I propose to impose a combination sentence.  One that sees you spend some more time in custody, to reflect the need for general deterrence and just punishment and one that furthers your rehabilitation by seeking to address the issues that led you to offend in the first place.  You need help with drug issues and alcohol issues.  Your mental health needs to be monitored.  Would you stand up please.

23On indictment G11942300, on the one charge of attempted armed robbery, you are convicted and sentenced to be imprisoned for nine months.  In addition, you will be served a community corrections order for eighteen months.  Apart from the normal conditions, you will be under supervision, undergo assessment and treatment for mental health, courses for rehabilitation and courses and assessment for alcohol and drug rehabilitation.  I declare twenty-one days of that sentence I have just imposed already been served by way of pre-sentence detention.  Are you prepared to undergo a community corrections order?

24OFFENDER:  Yes, Your Honour.

25HIS HONOUR:  All right.  On indictment G13244290.1, you are convicted and on Charge 1, the charge of aggravated burglary, you are sentenced to be imprisoned for fifteen months.  On Charge 2, the charge of criminal damage, damaging property, you are sentenced to be imprisoned for six months.  I order that three months of the charge on Charge 2 be served cumulatively on Charge 1, an effective term of imprisonment of eighteen months.  I declare that 346 days of that sentence have already been served by way of pre-sentence detention. 

26On the summary charge of committing an indictable offence on bail, you are sentenced to one months' important.  That sentence to be served concurrently with other sentences imposed.  The sentences on both indictments G1942300 and G13244290.1 are to be served concurrently.  Because of the sentences imposed on both indictments, I do not propose to impose a non-parole period in respect of the aggravated burglary and criminal damage charges. 

27Pursuant to s.464ZF of the Crimes Act, I make an order for the provision of a DNA sample. I am obliged to inform you the authorities are entitled to use reasonable force to obtain that sample. It involves a mouth swab, so it is in your interest to cooperate. They will come around and take it from you. Pursuant to s.6AA of the Sentencing Act, I indicate that but for your pleas of guilty, in relation to the attempted armed robbery charge, I would have imposed a term of imprisonment of eighteen months, with a non-parole period of twelve.  In relation to the second indictment aggravated burglary and criminal damage, three years with a non-parole period of two.  Are there any other orders I need to make?

28MR REGAN:  Just a disposal order on the 7Eleven knife.

29HIS HONOUR:  I make the disposal order sought by the prosecution.

30MR REGAN:  A black handled carving knife and a black handled knife.

31HIS HONOUR:  Yes.  What that means is that you have got, as I calculate it, just over eight months to serve and then you must report within 48 hours of your release to the Geelong Community Corrections - we will give you a copy of the order ‑ ‑ ‑

32OFFENDER:  Yes, Your Honour.

33HIS HONOUR:  ‑ ‑ ‑ to commence your order.  You need to understand, during the course of that order, it is a rehabilitative order.  All you are doing is courses and programs designed to assist you and you will be under supervision.  If you fail to comply with the order, it constitutes an offence and you get sent back to me for resentence. 

34OFFENDER:  Yes, Your Honour.

35HIS HONOUR:  If you commit any offence whilst you are on that order, you will be coming back to me and you will be not only sentenced for what you did, you will be resentenced on this offence and you do not want that.  Do you understand?

36OFFENDER:  Yes, Your Honour.

37HIS HONOUR:  All right.  Have a seat while we get the CCO signed, thank you.  Ms Marich could you go down to your client and have him sign that please?

38MS MARICH:  Yes.

39HIS HONOUR:  Any other orders required?

40MR REGAN:  No sir.

41HIS HONOUR:  All right you can take, if you would please, Mr Godfrey downstairs.

42OFFENDER:  Thanks, Your Honour.

43HIS HONOUR:  All right.

44OFFENDER:  I appreciate the sentence and ah the ‑ ‑ ‑

45HIS HONOUR:  I hope I do not see you again.

46OFFENDER:  That's it.  Thank you.

47HIS HONOUR:  Thank you, Ms Marich.

48MS MARICH:  Thank you, Your Honour.

49(At this stage the court proceeded with another matter.)

50MS MARICH:  May I be excused Your Honour?

51HIS HONOUR:  Yes, thank you.

52MS MARICH:  Thank you.

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