Director of Public Prosecutions v Greenwood

[2017] VCC 745

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR 17-00211

DIRECTOR OF PUBLIC PROSECUTIONS

v

STEVEN GREENWOOD

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JUDGE:	HER HONOUR JUDGE GAYNOR
WHERE HELD:	Melbourne
DATE OF HEARING:	1 June 2017
DATE OF SENTENCE:	1 June 2017
CASE MAY BE CITED AS:	DPP v Greenwood
MEDIUM NEUTRAL CITATION:	[2017] VCC 745

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	Mr B. Ihle
For the Accused	Ms S. Poulter

Pages 1 - 20

 

 

HER HONOUR: 

1Steven Greenwood you have pleaded guilty before me to one charge of attempted aggravated burglary, one charge of being a prohibited who in possession of a firearm, one charge of handling stolen goods, one charge of recklessly engaging in conduct endangering persons; one charge of negligently dealing with the proceeds of crime and one charge of possessing a drug of dependence.

2You have also pleaded guilty to the following summary charges which were uplifted to be heard in this court pursuant to s.145 of the Criminal Procedure Act, they being a rolled up charge of driving whilst disqualified, a further rolled up charge of driving an unregistered vehicle, a third rolled up charge of contravening a condition of bail, a single charge of committing an indictable offence whilst on bail and a charge of being going equipped to steal and finally; possession of a prohibited weapon, namely a Samurai sword.

3The facts underlying the offending are as followed:  On 2 June 2016 you were placed on bail after being committed to the County Court for offending which included a charge of false imprisonment and that bail was extended on 29 July 2016 for you to appear before the court on 20 February 2017.

4Further, on 19 September 2016 you were placed on bail at Sunshine Magistrates' Court for burglary, conditions of which included that you not driving a motor vehicle.  Your licence was disqualified by the Sunshine Magistrates' Court on 29 September 2014 for 30 months.

5On 1 October 2016 at about 12.30 pm you went to a house at 18 Flinders Street, Taylors Hill driving a light blue Holden VE Commodore.  You jumped the front fence and knocked on the door to the house asking the husband occupant,  Mr Lu whether he would like his car serviced, Mr Lu replying no, and you driving away.  Your actions in driving that car are part of the rolled up summary charge of driving whilst suspended, the rolled up summary charge of using an unregistered vehicle and part of the rolled up charge of breaching a condition of bail.

6It appears that you is had targeted this address in the belief that it contained a hydroponic cannabis set up.  On 3 November at about 4 am you with an unknown co‑accused jumped a neighbouring fence to 18 Flinders Street at which time a sensor light came on and you were caught on CCTV footage.  On this occasion you were wearing a black balaclava and carrying off a sawn‑off shotgun.  Your actions in carrying this shotgun underline Charge 2 on the indictment, prohibited person possessing a firearm.  Your co‑accused was similarly disguised and carrying an unknown item resembling a handgun.

7In the backyard of this house, you and your co‑offender changed the angle of the CCTV camera and unscrewed the sensor light.  At this time the Lu family were asleep inside of the house.  According to CCTV footage you appeared to listen at a rear bedroom window at the property and then you and your co‑accused remained in the backyard for about 18 minutes before returning to the front door in which you attempted to kick in, but failed.  You also tried to jemmy the door open but then failed.  This last effort resulted in the glass leadlight insert smashing and this woke the Lu family. 

8Mr and Mrs Lu ran to the front door and attempted to press against it to stop it from being open.  It was quite clear having watched CCTV footage that you and your co‑accused were seeking to push the door in and gain entry.  Your actions in so doing underlie Charge 1, attempted aggravated burglary and the summary charge of committing an indictable offence on bail.

9Both Mr and Mrs Lu were screaming, at which stage one of the two of you told them to shut up and then you put the barrel of the sawn‑off shotgun you were carrying through the broken window and into their faces.  The Lu's 12 year old son then tried to poke a broom through the broken windows at the two of you and this was captured on CCTV footage. 

10The victims stated to police that they were extremely scared by this incident.  Mrs Lu stating:  "It's never, ever happened.  I'm shaking because of my kids.  I'm shaking someone tried to break into my house and I'm very scared". 

11You and your co‑accused fled the scene and it is clear from the CCTV footage that the attempt to burst through the door lasted for about two and a half minutes.  It was also very clear from the CCTV footage that the occupants, who included two young children were extremely scared by this incident.

12Police arrived a short time later and found a hydroponic cannabis set up in the rear three rooms of the property. 

13On 9 October at about 7.25 pm, police saw you driving a light blue Holden VE sedan from the house in Warrington Crescent, Deer Park where you lived.  At this time you were disqualified from driving and you had a bail condition prohibiting you from driving, thus this offending underlay the summary charge of rolled up charges, driving while suspended, using an unregistered vehicle and breaching a condition of bail. 

14Police tried to follow you, but you stopped and ran from the scene.  At this stage police saw that the car had only one Victorian number plate on it and that that was a number plate which had previously been stolen in 2016.  Your actions in using that number plate underlie Charge 3 on the indictment, handling stolen goods.  A black balaclava was also found in the back seat of the car.

15On 15 October 2016, police again saw you driving the same car at which time you had a female passenger, you were recognised from your previous bail sign in at the police station.  This time the Holden had a Victorian number plate, affixed to it.  Checks revealing this plate had been stolen from a car in a residential street in late 2000, 2016.  Again, your use of this number plate underlies part of Charge 3, handling stolen goods and the summary charge of driving whilst suspended, using an unregistered vehicle and breaching a condition of bail. 

16Police followed you to a set of traffic lights and when they turned green you accelerated away and entered the Western Ring Road.  Police followed you noting that you were driving erratically and at a fast rate of speed.  You then suddenly accelerated across four lanes of traffic to take an exit in an attempt to evade police, at which time the traffic was heavy given that it was peak hour.  These actions underlie Charge 4 on the indictment, conduct endangering persons.  Police at that stage decided not to continue to follow you.

17On 17 October 2016 police again saw you driving the same car in Deer Park, at which time you had a Queensland number plate affixed to the rear of the car, which checks revealed had been stolen from a car in Hawthorn in October 2016 and again, use of a stolen number plate is part of Charge 3 on the indictment, handle stolen goods.  Further your actions on this occasion underlie part of the rolled up summary charge of driving whilst suspended, the rolled up charge of using an unregistered vehicle and the rolled up charge of breaching a condition of bail.

18Police continued to follow you but you jumped out of your car and ran away and could not be located. 

19On 19 October 2016 you were again seen driving the same car in Deer Park, it still having the stolen Queensland plate affixed to the rear.  Police recognised you and again, your actions on this day form part of Charge 3, handling stolen goods, part of the summary charges of driving whilst disqualified, using registered vehicle and breaching a condition of bail.  Again, police tried to follow you but you accelerated off to evade them and the police air wing was then called in and the car you were driving was located outside an address in Albanvale. 

20There a person was seen walking between bushes beside the car and the car itself.  Police attended and drew their firearms and found you hiding behind bushes with a second male, one Thomas Pejic.  Police demanded the two of you show yourselves a number of times before Mr Pejic complied and after a further demand, you then surrendered yourself and were arrested.  Mr Pejic whispered to police to check behind a nearby bin.  The keys to your car were found in a jacket pocket you were wearing and a search of the bushes where you were found hiding revealed a loaded double barrel sawn‑off shotgun wrapped in a picnic bag.  The point was made that the firearm was observed to be loaded, a photograph of this loaded firearm was presented during the plea.  Your actions in possessing this firearm are part of Charge 2, being a prohibited person in possession of a firearm.

21Police searched the front yard of the address where you were located and found a small duffle bag containing a hand‑held FLIR which is a heat detection device commonly used by people to locate hydroponic cannabis set ups in houses.  Your possession of this item is part of the summary charge of going equipped to steal.  Then a police search of your car located a number of items which are then the subject of both matters on the indictment and the summary charges to which you have pleaded guilty.  They included five black balaclavas, four gloves, a jemmy bar, a meat cleaver, a black wig and a bag containing hand tools, possession of which underlie part of the summary charge of going equipped to steal, a Samurai sword, possession of which underlies the summary charge of possessing a controlled weapon, the stolen Queensland number plate which underlies part of Charge 3 on the indictment, handle stolen goods, a Victoria licence, a Commonwealth Bank debit card in the name of one Van Thi Nguyen which underlies Charge 5 in the indictment negligently dealing with the proceeds of crime.

22A plastic bag containing 343 grams of dried cannabis bud was also located underlying Charge 6 on the indictment possessing cannabis, a white iPhone was located, possession of which underlies Charge 5 on the indictment negligently dealing with the proceeds of crime.  And finally, police located three shotgun cartridges which underlies the summary charge of possessing ammunition without a licence. 

23You were interviewed and made what was conceded to be a most cooperative record of interview.  You agreed you had been driving your Holden sedan which was unregistered.  You were aware that you were disqualified from driving due to speeding.  You confirmed what Mr Pejic told police which was that you had offered to take him for a drive and that once police were seen by you, you began driving fast to evade them at which time Mr Pejic wanted to get out of the car. 

24You admitted hiding in the bushes where you were arrested and admitted that the shotgun and cannabis were yours.  You agreed you hadn't stopped for police because you were disqualified from driving, and you admitted to being involved in the attempted aggravated burglary at 18 Flinders Street, Taylors Hill, as you had been told there was a cannabis crop growing there.  You told police that you had gone there on an earlier occasion and would have stolen the cannabis if no one had been home. 

25You told police that you came back later that night, listened and heard fans, so you knew there was a plantation in there and admitted you took the shotgun with you and stuck it through the broken glass, to try and scare the occupants away from the doors to better enable your access.

26You agreed that you were there to steal the cannabis and you thought Mrs Lu was screaming.  You admitted owning the heat sensing FLIR.  You said you had a memory problem as you could not really remember the police chase where you swerved over Western Ring Road.

27Overall you told police that you had got out of custody, that you had done well but then had been involved in domestic argument, had been using drugs and had been "all over the shop".  You told police that at the time you had an ice addiction of half a gram daily.  You regretted having gone to the Flinders Street address stating, "Kids don't need to be exposed to things.  I was wrong".  You told police you had been using drugs for 12 years starting with heroin injection but then graduating to ice use.

28The maximum penalties are as follows:  1.  Attempted aggravated burglary, 20 years; 2.  Being a prohibited person in possession of a firearm, 10 years; 3.  Handling stolen goods, 15 years; 4.  Conduct endangering persons, 5 years' imprisonment; 5.  Negligently dealing with the proceeds of crime, 5 years' imprisonment; 6.  Possession of cannabis, 1 year imprisonment; 7. Drive whilst disqualified, 2 years' imprisonment; 8.  Driving an unregistered vehicle, 50 penalty units; 9.  Breach of bail, 3 months or 30 penalties units; 10.  Committing an indictable offence whilst on bail, 3 months or 30 penalty units; 11.  Going equipped to steal, 2 years' imprisonment or 240 penalty units; 12.  Possessing a prohibited weapon, 2 years or 240 penalty units; 13.  Possession of ammunition, 40 penalty units. 

29At the time of this the offending you were on a community corrections order which had been originally imposed for 12 months by the Sunshine Magistrates' Court on 11 January 2016 for burglary, theft and other offending.  Due to non‑compliance comprising a breach, you were brought before the Magistrates' Court at Sunshine where the CCO was reimposed for a period of 18 months from 29 September 2016.  It is worth noting that the offences that have brought you before this court began three or four days later on 1 October 2016.

30This matter resolved at committal and proceeded by way of hand‑up brief and it is acknowledged that an early plea of guilty was made to which you are entitled strong mitigation. 

31I now turn to your personal circumstances:  You are 37 years of age and you have an extremely long prior criminal history which essentially began when your drug habit began at the age of 18 when you became involved in heroin use.  It is a serious history and a persistent history but it is not a history which has very often brought you before the County Court.  It is concerning that after all this time and all this offending this last episode of offending appears to represent a sort of escalation by you. 

32Generally speaking one looks at your prior criminal history which begins in 1998 with wilfully damaging property, assaulting police and being drunk in a public place.  There is a robbery which is one of the more serious matters but you were dealt with by way of an intensive corrections order combined with a short service of imprisonment but thereafter it's driving offences, dishonesty offences, thefts, breaking into cars, going equipped to steal, driving whilst disqualified, tampering with a vehicle, fraudulently using a registration, attempt to obtain property by deception, more theft, handling stolen goods, burglary, going equipped to steal again, cultivating narcotic plants.  Lots of handlings, attempted burglaries, shop lift ‑ it just goes on and on and you have been dealt with on numerous occasions by way of suspended sentence, by way of community based order, then community corrections order and as well as being gaoled on a number of occasions. 

33On many occasions you have been placed on community corrections orders with conditions that you undergo treatment and rehabilitation for drug use.  You also had been brought before the court on numerous occasions for driving offences and possession of weapons without exemption and indeed, your driving record is sufficiently serious that really the court has got to a stage where you have been gaoled for it. 

34I note in particular that in September of 2014 you were sentenced to 15 months imprisonment on charges of obtaining property by deception, affray, theft, handling stolen goods, driving whilst disqualified, unlicensed driving, reckless conduct endangering serious injury and so forth.

35Ordinarily one would look at that sort of history which has gone on for so long and has been so persistent and simply say that you are a person without any redeeming features and yet this is very far from the case.  I had regard to both a very helpful plea from your counsel, but also the psychological report by psychologist Gina Cidoni which was tendered on the plea. 

36You had a difficult upbringing.  Your parents separated when you were six. Initially you lived with your mother and her new partner but he was mentally and physically abusive towards you and I note, sexually abused one of your half‑sisters and your mother left him.  When you were 16 you moved to your father's home with his new partner, they having had twin boys together and you were very much involved in assisting your father in raising these little step brothers of yours.  However, your step‑mother committed suicide in 2007 and then your parents got back together.  Your father still manages a transport company.  Your mother is involved in the foster care program and she has several children from an earlier relationship. 

37You completed Year 9 and then Year 10 by correspondence at which time you were also working with your mother in her cleaning business.  You worked in the fish market in Footscray with your father and on your sister's dairy farm in Deniliquin.  You worked as a fork‑lift driver and later for a refrigerated transport company.  So you have a reasonable work history, however it is then noted that:  "He then worked as a labourer between prison terms". 

38When you were in the year 2000 when you were about 20 you met your de facto partner who is 10 years older than you.  And at that stage she was involved in heroin use.  You became involved to help her detoxify from heroin but unfortunately, (and in the process of doing so she was able to regain custody of her two sons who are now aged 20 and 21) in 2002 she relapsed and you also relapsed and became evermore heavily involved in drug use.  The two of you had phases of separation, but you kept using and you would go into gaol and move out of gaol and go back to her and then there would be more drug using and then there would be more offending. 

39However, it is quite clear that along the way you have been a very kind and supportive man.  It is noted that you assisted as I have said in the upbringing of your young step brothers, you were supportive of your partner who to some extent still supports you, although she says this is your last opportunity. 

40It was quite clear from the record of interview that you were entirely cooperative with police and that in some respect I in fact accept the submission of your counsel that you were somewhat relieved to be caught, that you recognised that you had gone into a destructive spiral of drug use, using the very destructive drug methylamphetamine or ice and that you couldn't stop and it was simply getting worse and worse.

41It is quite clear that you pretty much admitted to everything that the police put to you.  You helped create a very strong prosecution case against you and you expressed remorse for your offending.  It became clear on the plea that you've been using and been in and out gaol and been in the system for so long that it has become a bit of a repetitive circle which is becoming increasingly difficult to break and the problem as I see it for what it's worth is that you do well in gaol but you don't well out of gaol. 

42Your counsel informed me and indeed you informed me that you did well for about seven months the last time you got out of gaol.  You pulled your head in, you didn't use drugs.  You avoided old associates and that involved you living quite an isolated life.  You had returned to live with your partner.  She has now given away drug use.  But then there were issues between you and her and is often the case with long‑term users who spent long periods of time in gaol, your capacity to cope with what's probably a normal domestic upset situation had a very grave effect upon you.  Your capacity to deal with it simply wasn't there and you promptly relapsed into drug use which simply began spiralling and spiralling to the point that you had a habit of $200 to $300 a day involving half a gram of ice a day, which is a big habit and which required you to offend so that you could finance it.  And you went on this, again, this wild spree.

43Now you have been in custody since you were arrested and you are doing well.  You presented well in court.  You are working, making signs within the gaol and it was quite clear in discussions on the plea that you desire very much to giveaway this chaotic lifestyle that you experience on the outside.  You appear to be very aware that your relationship with your family is completely at stake.  Your partner has given you an ultimatum that this is the last time she will wait for you, essentially.

44It is extremely concerning that you have been able to go on for so many years without effective intervention.  There does not appear to have been a period where you have been placed in a residential drug facility, is that correct? 

45ACCUSED:  Yes.

46HER HONOUR:  Have you ever gone into Odyssey ‑ you've never had residential rehabilitation which, it seems to me, is absolutely required in your case.  Now the capacity to access residential drug residential rehabilitation is incredibly limited.  It is extremely hard to achieve this via a drug rehabilitation condition on a corrections order.  You don't seem to me, unfortunately, to be the sort of person who could necessarily access yourself and so primarily it seems that your drying out periods, if I could put it that way, have occurred while you are in custody, which is all very well and good, but once you go back into community, you are not equipped with any of the other tools necessary to continue your efforts at remaining drug free and it all collapses again.  The offending starts again, the spiral starts again and you come back into court. 

47It is very much my hope and I will ensure that a copy of those sentencing remarks is forwarded to the authorities as soon as possible, that you can be dealt with in as rehabilitative a way within the gaol as possible. 

48I have already had a conversation with you about your familiarity with the gaol system, your capacity to, on your own access programs that can assist you such as Narcotics Anonymous or making contact through services through the Chaplains of the various denominations such as the Baptist Church, the Salvation Army, the Catholic Church and so on, if you wish ‑ all of whom can link you into services that you can access and avail yourself of once you have finished a term of imprisonment. 

49I should add that it was conceded that only a term of imprisonment is appropriate in your case.  But in addition to that, it seems to me that you have reached the stage in your life where you have realised that the writing is on the wall and that if you do not at the age of 37 take the steps necessary to stay drug free and maintain your family relationships and build a productive life for yourself, this is going to go on until you die, probably prematurely.  Now I do note in saying this, that Ms Cidoni has made mention of the fact that you have also suffered, apart from a lot of trauma along the way, in 2015 you were stabbed to the head at Port Phillip. You were hospitalised for two months, your skull was fractured and you have complained of poor memory ever since. 

50When you were released in 2015 you were struck again in the head with a machete and life has been extremely difficult for you in many ways.  I note that 15 months ago you made a suicide attempt, a serious suicide attempt where you cut your wrists in prison and had to undergo microsurgery at St Vincent's Hospital.  This is very sad because it seems to me there are real signs of a very good and decent person within you struggling to get out.  The problem again, I know I'm repeating myself is how to get you to a point where you can maintain all the good work you do in gaol and continue it out in the community, so you don't have this revolving door, coming back to gaol time and time again.  And as I have said your offending has been persistent but it hasn't very often brought you here, okay. 

51So I am hoping, and it is my view that Marngoneet prison would be a very appropriate placement for you.  You require intensive rehabilitative work.  Simply putting you in a gaol environment and sending you to work which you clearly undertake perfectly well only goes so far.  It is extremely important, in my view, that work is done with you, that it enables you to be educated and to work upon and understand how to deal with your own frailties when you leave gaol and go back into the community.  How to stay off drugs, really, is the issue for you.

52Some discussion during the plea was had of the sort of sentence I might have to impose upon you.  It was submitted by your counsel that I should regard the attempted aggravated burglary as being in the low to mid‑range, that was right, Ms Poulter? 

53MS POULTER:  Yes.

54HER HONOUR:  Unfortunately I'm unable, despite very a helpful and eloquent plea on your behalf, despite adverse conditions, because of your use of a sawn‑off shotgun, the courts are always going to regard possession of a sawn‑off shotgun as an indication of criminal entrenchment by the offender.  You have to know who to go to, to get one of those and the people you get them from have got to be fairly entrenched in the criminal world. 

55The fact that you used that weapon in trying to break into that house is, in my view, a really aggravating factor and I cannot regard the attempted aggravated burglary as anything but serious in nature.  I do accept, however that the attempt lasted no more than two and a half minutes but as the prosecutor pointed out, if I can use the colloquial you "cased the place", you came back, you took steps to avoid detection, you crept around in the backyard, you had a co‑accused, you had balaclavas, you were armed up.  This was a serious attempted break and enter, in a criminal sense, if I can put it that way.  It may be that your realisation that there were children in the house rather than well-equipped adults ready to defend their cannabis crops, led you to stop doing what you were doing.  But the fact remains that this was a serious and potentially violent piece of offending. 

56I also regard, as I have said, your possession, the Charge 2 on the indictment, the possession of the prohibited weapon is a serious charge.  It is a rolled up charge.  On the second occasion it can be frankly be said you were wandering around with a loaded sawn‑off shotgun.  That's really, really serious.  It cannot be said that necessarily this shotgun was used in the aggravated burglary but the terror that you must have inflicted, (I note that no victim impact statements were tendered), but the capacity for terror, the fact that you went around using this shotgun and had it with you over a period of time just after you'd been given another opportunity by the Magistrates' Court is really serious.  The other aspect to your offending that I do regard is really serious is your driving when you were on the Western Ring Road, when you cut across four lanes of traffic in peak hour traffic.  Now you say that you were high on ice at the time and can't remember it, but the potential for damage and injury was incredibly high.  It is impossible for me to conclude anything other than at the moment when you are on the outside, Mr Greenwood, if you're using ice you are a danger to the public. 

57I'm just thinking of all the people you could have hurt and hurt seriously.  That is a major reason why I agree with the concession by both prosecution and defence, but I can only deal with you by way of gaol.  What I want you to think about is that this last outing has probably been your most violent and most serious, would you agree with that? 

58ACCUSED:  Yes, Your Honour.

59HER HONOUR:  Yes.  You are 37.  You said to me on the plea I don't want to end up like those old blokes in gaol, but your offending is getting worse, because your using is getting worse, isn't it? 

60Believe it or not, I do regard you as a person absolutely capable of getting rid of his drug habit, absolutely capable of leading a decent life.  Somehow you've got to learn to do it when you are not in gaol.  It is such a contrast, the way you conduct yourself in gaol and the way you conduct yourself out of it, it is completely different and I note that you have been able to maintain the affection of your partner, even though she is drawing the line, as she should.  It has to be expected that if the offending escalates as it has, so is the sentencing going to escalate and this sentence is going to be one that is longer than you have experienced before. 

61Now in sentencing you, I do take into account your early plea of guilty and I do regard you as remorseful for your offending, particularly when I have regard to your extremely cooperative record of interview with police. 

62I take into account that you do have emotional fragility, that you are in protection because you have been previously assaulted and that makes life for difficult for you in gaol and that it needs to be taken into account that matters were so serious for you last time in gaol that you made an attempt on your life.  And those are matters that are concerning and deserving of sympathy by the court and as an important factor in taking into account how you are going to manage the next term of imprisonment, which the court recognises may be more difficult for you than other prisoners because of those factors. 

63I am making the point again and I know I am repeating myself that it would be very much in the community’s benefit, however, if your time in gaol can be used as fruitfully as possible, that you get all the rehabilitative treatment you possibly can, whether you source it yourself or whether as would hopefully be the case, ultimately it is decided you should be placed in Marngoneet.  Something has to break this cycle and again, simply leaving you in mainstream in a non‑rehabilitative environment is not going to serve anyone any good.  You need to go somewhere you are working on how to stay off drugs when you get outside.  It is really, really important. 

64I think I have covered everything that I need to say, but I make the strong point again, you are not a person by any means without hope.  You do not present as an intentionally vicious man without conscience.  You are simply somebody who has never been able to master his drug use once he's outside of custody and that's where the whole sad cycle ends up so that a basically, good worthy man is ending up in gaol time and time again and there's no need.  This can all change and you are really worth that, Mr Greenwood and you really need to take that on board.  I hope you do.  Do you hear what I'm saying? 

65ACCUSED:  Yes, Your Honour.

66HER HONOUR:  It's pretty hard, I would imagine, sitting at the back at the court hearing a judge sermonise at you at some length and saying what a top bloke you are and then gaoling you.  I could imagine you might think that just sounds like rubbish to you because of the sentence that I am about to impose.  You need to understand as well, I am obliged by at law when I am dealing with sentencing of this kind to bring down that sort of sentencing but I want you to understand that in doing that, I am not dismissing you as a person of no worth. 

67You are a person of worth and you can look at this next sentence as either an opportunity for you or you can give it all away.  I sincerely hope that you choose to take some active steps to turn your life around.  Yet after this, this is going to keep you off drugs probably for the longest time since you started using, all right? 

68In any event I think I have covered everything.  In sentencing you, I do regard community protection as an important factor and unfortunately specific deterrence is also a factor to which I must have regard and of course general deterrence is, again, a dominant factor in the sentencing landscape before me.

69I therefore sentence you as follows, could you stand up, please sir. 

70On Charge 1, attempted armed robbery, you sentenced to 3 years' imprisonment.  On Charge 2, you are sentenced to 18 months' imprisonment.  On Charge 3, you are sentenced to 3 months' imprisonment.  On Charge 4, you are sentenced to one year imprisonment.  On Charge 5, you are sentenced to one months imprisonment.  On Charge six you are sentenced to two months' imprisonment. 

71On the summary Charge 1, you are sentenced to six months' imprisonment.  On summary Charge 2, given the financial circumstances, I am going to impose a $100 fine.  On summary Charge 3, you are sentenced to one months imprisonment.  On summary Charge 4, you are sentenced to one months imprisonment.  On summary charge 27, you are sentenced to 4 months' imprisonment.  On summary Charge 32, you are sentenced to two weeks imprisonment and on summary Charge 34, possessing ammunition I am going to fine you $200 and that can be just extra served.

72So the base sentence will be a sentence imposed on Charge 1, 3 years' imprisonment. 

73I order that six months of the sentence imposed on Charge 2, four months of the sentence imposed on Charge 4 on the indictment, three months of the sentence imposed on summary Charge 1 and one month of the sentence imposed on summary Charge 27 be imposed be served cumulatively to the base sentence and each other which should give a total effective sentence of four years and two months and I order that you serve a minimum term of two years and six months before becoming eligible for parole, okay? 

74ACCUSED:  Yes, Your Honour.

75HER HONOUR:  How many days of PSD have we got? 

76MR IHLE:  I have calculated it as 226, Your Honour.

77HER HONOUR:  I declare that 226 days of this this sentence have already been served by way of pre‑sentence detention, so you have got, you know, the best part of 18 months to go before you can apply, all right.

78ACCUSED:  Yes, Your Honour.

79HER HONOUR:  Do you reckon you can do something with that? 

80ACCUSED:  I'll try.

81HER HONOUR:  I hope so, I really hope so, okay and I'm going to send this off.  I really think you should be in somewhere like Marngoneet.  You just need some serious rehabilitative work before you get out, but if they don't do it, you have got to access it yourself, you know you can.  And the other thing that's important is if you get hold of the chaplains at gaol, as I said to you during the plea, they will be available for you, they will come and talk to you.  Much more easy to get hold of than the psychological help and you know that's right, don't you? 

82ACCUSED:  Yes.

83HER HONOUR:  Yes.  Just get yourself all the help you can in there.  Don't just put your head down and work.  Try and build up some supports for yourself, all right. 

84Pursuant to 6AAA I declare that had you not pleaded guilty I will have sentenced you to a maximum term of five years and six months and a minimum term of three years and six months, okay. 

85All right then, now have you seat.

86MS POULTER:  Sorry, can I just clarify, Your Honour, Your Honour mentioned summary Charge 4 which I think Your Honour meant six.

87HER HONOUR:  I'm sorry, did I? 

88MS POULTER:  And I just wanted to confirm that ‑ ‑ ‑

89HER HONOUR:  No, no, just let me fix that first, sorry, Ms Poulter.

90MS POULTER:  That's all right.

91HER HONOUR:  Yes.  So it should be summary Charge 6.

92MR IHLE:  It's indictable offence on bail.

93HER HONOUR:  Yes.  So let me just get that right.  There was 1, 2, 3, 6, 27, 32 and 34.

94MR IHLE:  34.

95HER HONOUR:  Let me just check what I have done here.  No what I meant was that it should have been Charge 27.

96MS POULTER:  I think ‑ I might be wrong, Your Honour, it was summary Charge 1, 6 months.  Charge 2 a fine.  Charge 3 ‑ ‑ ‑

97HER HONOUR:  Now hang on, again, right so there is three years ‑ starting with the indictment.

98MS POULTER:  Yes.

99HER HONOUR:  Okay, three years on Charge 1; 18 months Charge 2; three months Charge 3; one year Charge 4, okay?  One month Charge 5; two months Charge 6.  Then we come to the summaries:  Six months on Charge 1, $100 on Charge 2; one month Charge 3, one month Charge 6; four months Charge 27, two weeks Charge 32 and $200 Charge 34.

100MS POULTER:  Yes.

101HER HONOUR:  So the base sentence is three years.  Six months on Charge two and four months on Charge four on the indictment and then three months on summary Charge one and one month on summary Charge 27.

102MR IHLE:  Yes.

103HER HONOUR:  So that should lead to four years and two month.  Minimum term two years and six months.

104MS POULTER:  Thank you, Your Honour.

105MR IHLE:  May it please.

106HER HONOUR:  Anything else?  Disposal orders.

107MR IHLE:  I assume Your Honour will make the orders for forfeiture and disposal.

108HER HONOUR:  I will, Mr Ihle.

109MR IHLE:  As the court pleases.

110MS POULTER:  They are conceded to, Your Honour.

111HER HONOUR:  What's the date, 1 June? 

112MR IHLE:  Yes. 

113HER HONOUR:  I thank counsel very much in keyed for their assistance.

114COUNSEL:  Thank you, Your Honour.

115HER HONOUR:  All right that's it Mr Greenwood, all the best.

116ACCUSED:  Thank you, Your Honour.

117HER HONOUR:  Yes.  Just have a real red hot go, you can do it, I'm sure you can.  All right.  Thank you very much.  We will adjourn. 

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