Director of Public Prosecutions v Grima
[2014] VCC 1599
•24 September 2014
| IN THE COUNTY COURT OF VICTORIA | Revised Not Restricted Suitable for Publication |
AT MELBOURNE
CRIMINAL DIVISION
Case Nos. CR-12-01388
CR-14-01476
CR-14-01477
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| Bradley John GRIMA |
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JUDGE: | CHIEF JUDGE ROZENES | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 23 September 2014 | |
DATE OF SENTENCE: | 24 September 2014 | |
CASE MAY BE CITED AS: | DPP v GRIMA | |
MEDIUM NEUTRAL CITATION: | [2014] VCC 1599 | |
REASONS FOR SENTENCE
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Catchwords: CRIMINAL LAW – sentence – contravention of Community Correction Order – armed robbery – aggravated burglary – robbery – burglary – theft (multiple) – totality – confined period of time for offending – persistent drug addiction
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Danielle Guesdon | Office of Public Prosecutions |
| For the Accused | Nadia Kaddeche | Haines and Polites |
HIS HONOUR:
1 Bradley John GRIMA, you have pleaded guilty to:
· one charge of aggravated burglary, the maximum penalty of which is 25 years’ imprisonment;
· one charge of robbery, the maximum penalty for which is 15 years’ imprisonment;
· one charge of burglary, the maximum penalty for which is 10 years’ imprisonment; and
· 24 charges of theft, the maximum penalty for which is 10 years’ imprisonment.
2 Further, you have admitted contravening a Community Correction Order originally imposed by her Honour Judge Nicholson in 2012 (varied by her in 2013). You contravened that Order by failing to perform unpaid community work as required, failing to undergo treatment and rehabilitation as required, failing to be supervised, monitored and managed as directed, and by engaging in the abovementioned further offending for which you have pleaded guilty. You have admitted a prior criminal history.
3 All charges relate to events that occurred between 28 April 2014 and 21 May 2014. The circumstances giving rise to your offending were outlined in Exhibit A by Ms Guesdon, who appeared to prosecute this matter, broadly in the following terms.
4 Between 28 April 2014 and 15 May 2014 you entered 13 Dan Murphy’s stores and stole various cases of spirit bottles valued at $13,442.06. All of these thefts were captured on CCTV footage. Sometimes, an unknown male accompanied you to steal alcohol. On some occasions, staff recorded the registration number plates on the car you used to drive away following your offending. You stole registration number plates from cars between 18 April 2014 and 29 April 2014, and on 10 May 2014. On 15 May 2014 you became aggressive towards a Broadmeadows Dan Murphy’s staff member when attempts were made to prevent you from leaving the store with two cases of spirits.
5 On 1 May 2014 you entered a house in Deer Park. You disconnected a CCTV camera at the premises before stealing a television, two Xbox games consoles, Xbox games, a Blu-Ray disc player and cash. You were identified by the owner of the premises from the CCTV footage obtained before it was disconnected.
6 On 4 May 2014 at about 11:30am, you stole a case of Johnny Walker bottles with a value of $444.00 from First Choice Liquor in Melton. The theft was recorded on CCTV footage, and you were further observed on that footage driving away in a Mazda with stolen registration number plates.
7 On 8 May 2014 at about 5:20pm, you stole a television and Blu-Ray disc player from The Good Guys store in Sydenham. The theft was recorded on CCTV footage.
8 On 16 May 2014, you entered First Choice Liquor in Sunbury and stole two cases of Johnnie Walker bottles with a value of $956.43. The theft was recorded on CCTV footage.
9 On 17 May 2014 at about 4:05pm, you entered Prouds jewellery store at Watergardens Shopping Centre in Taylors Lakes. Three shop assistants were working in the store. You were wearing a hat and sunglasses. You pulled a hammer out of your bag and began smashing the counter. You hit the counter four or five times, making a very loud noise. You said to one of them, “It’s okay, darl, it’s alright,” as you took jewellery from the glass display. She was fearful for her own safety and the safety of other people in the store. Another heard the glass smashing and walked to the back of the store to see what was happening. She was very upset and began to cry. She was scared for the other two because of their proximity to you.
10 A witness who owned a store nearby heard two or three bangs coming from nearby. He heard a girl screaming followed by glass smashing. He ran towards Prouds where he saw you running out. You shouted that you had a knife. You were holding a 30cm stainless steel kitchen knife in your left hand. He chased you through a pharmacy and into the car park, where you got into a white Kia Rondo wagon and drove towards the Melton Highway. Another witness said he heard the sound of glass smashing and saw you pulling jewellery cases from the display cabinet. When you ran from Prouds, he chased you, heard you shouting that you had a knife and saw you get into a car, noting the registration.
11 Police attended a short time later and took photographs of the scene, obtained CCTV footage which showed you walking around the shopping centre, entering Prouds and running away, and obtained your fingerprints from the glass displays and a shard of broken glass. The jewellery you stole had a wholesale value of $11,446.12 and a retail value of $44,855.80.
12 On 21 May 2014 at about 10:20am, police observed you driving a white Kia Rondo wagon in Sunshine North. You had a female passenger. You had stolen this car from a property in Dandenong North. When police activated their lights and sirens you accelerated away briefly before stopping. You were arrested and taken to Sunshine Police Station. Police executed a search of your female passenger’s house in Braybrook, and located and seized a grey jumper with a distinctive pattern which matched that shown on CCTV footage taken of you when you stole items from Watergardens, The Good Guys and First Choice Liquor in Melton. You were then interviewed by police where you made significant admissions in respect of your offending.
13 I turn now to consider your personal circumstances. You are now aged 29, having been born on the 30th of November 1984. Your parents divorced when you were aged 11 or 12, and despite having had a supportive family, you endured periods of homelessness. You were never victim to any physical domestic violence within your family. Your formal education ended in Year 8, however you were able to make a life for yourself subsequent to this because you ultimately qualified as a concreter. At the age of 17, you purchased a house with your partner, however following separation from her the house was sold in 2009. You have used illicit drugs extensively, using marijuana from the age of 13, heroin from the age of 14 and amphetamine and ecstasy from the age of 15. You have also used alcohol to excess since the age of about 17. You were diagnosed with hepatitis C around two years ago. You attempted rehabilitation in 2009 at Das West and had a naltrexone implant. Your life seemed back on track for a period of time in 2010, when you worked for Melbourne Civil and established a concreting business with your father. Unfortunately you were then victim of an assault and robbery which caused you to be hospitalised for eight days. You relapsed into drug use following that assault and could not continue working, falling back into homelessness for the six-month period leading to the imposition of the Community Correction Order by Judge Nicholson in 2012.
14 Exhibit 2 is a psychological report authored by Jeffrey Cummins, in which he opines that your mental health problems, including reported symptoms of anxiety and depression, are secondary to your history of chronic drug use. Mr Cummins reports that you did not present as being psychotic or schizophrenic, and did not present as having an obvious Antisocial Personality Disorder. Mr Cummins concluded that you did not become involved in drug and alcohol abuse as a result of self-medicating, and reports that you stated that at times in your life you have been able to combine excessive drug use with being very committed to working long and hard hours as a concreter. While that may be your own perception, the statement is concerning, and ultimately demonstrates your guarded insight into the devastating effects the abuse of drugs has had on you throughout your life. Despite this, Mr Cummins concludes that you now appear to be taking responsibility for your offending behaviour and your drug and alcohol abusing lifestyle. Mr Cummins regards your prognosis as guardedly favourable, and in his opinion you should participate in further drug rehabilitation programs. I note that you had been prescribed the antidepressant Lexapro over various periods of the last two years, however you were not using this antidepressant, or Valium, prior to your arrest for this offending.
15 On your behalf your counsel, Ms Kaddeche, submitted that I take into account the following matters by way of mitigation:
a. your early plea of guilty;
b. your full and frank admissions when interviewed by police;
c. your good prospects of rehabilitation, however conditional upon abstinence from the abuse of illicit drugs and alcohol; and
d. your demonstrated ability to make positive changes in your life when not abusing drugs and alcohol.
16 Ms Kaddeche conceded the circumstances of your offending were serious and warranted an immediately servable term of imprisonment, however submitted that principles of totality should be taken into account when considering the short period of time within which your offending took place, and that a shorter than normal non-parole period, coupled with a lengthy period on parole, is warranted to permit further rehabilitation in the community once you are released.
17 The facts giving rise to the sentence imposed by Judge Nicholson were that you robbed a woman you had followed after she had withdrawn money from an ATM, and in the course of doing so produced a knife and threated to “slash” her. An extensive plea was made on your behalf relying upon material not dissimilar to that produced before me. Her Honour, recognising the impact of drugs upon your offending and attempting to maximise your prospects of rehabilitation gave you what might have been described by others as a merciful outcome, namely a non-custodial disposition. On 13 December 2013 at a breach hearing, her Honour varied the CCO by extending it to 39 months. The breach on that occasion was constituted by failing to perform unpaid community work as required, failing to undergo treatment and rehabilitation as required, and failing to be supervised, monitored and managed as directed.
18 The circumstances of the contravention in the present cases are most serious, principally having regard to the gravity of and the extensive nature of your ongoing offending. Your conduct was sustained and intense. Serious questions are raised about your prospects of rehabilitation and your ability to deal with your addiction in the community. Ms Kaddeche conceded and you have acknowledged that a sentence of imprisonment is inevitable.
19 Your modus operandi was simple enough. You simply left the store carrying a box or two of alcohol without paying. It appears that on some occasions you were in company of an accomplice. On some occasions when challenged you threatened staff by falsely claiming you were armed. With respect to charge 26, you were armed with a knife. It appears that the stolen goods were almost immediately exchanged for drugs. I accept that at the time you had a severe and longstanding heroin habit costing some $600 per day. Mr Cummins said that you were addicted from an early age.
20 Addiction often goes a long way to explain criminal conduct rather than excusing it. Addiction can be relevant to penalty in a number of instances including where a drug addict, such as yourself, commits dishonesty offences for money to feed a habit. In such cases courts are more lenient than where offences are committed for greed or profit. Charge 26, aggravated burglary of the jewellery store, falls in to a far more serious category. You were armed with a knife. The operation, on your own admission, was somewhat planned. Albeit that you were calm and somewhat reassuring in your tone to the shopkeepers, your conduct was nevertheless productive of fear and concern to her and passers-buy. The target was a high-value store and there was always a risk that someone would be hurt.
21 The basic purposes for which a court may impose a sentence are punishment, deterrence, both specific and general, rehabilitation, denunciation, and protection of the community. In sentencing I must have regard to a range of matters such as the seriousness of the offence, your culpability for it, your personal circumstances and those of the victim, if any. I am required to balance the interests of the community in denouncing criminal conduct with the interests of the community in seeking to ensure that as far as possible offenders are rehabilitated and reintegrated into society.
22 I take into account that this has effectively been your first time in custody, that you pleaded guilty at the very first opportunity and were fully cooperative during your police interview. You are entitled to the maximum discount for your plea. It demonstrates your acceptance of responsibility, evidences remorse on your part and has utilitarian benefit in saving cost and time. Your remorse is also evidenced by the answers in you record of interview and in what you said to Mr Cummins. I am satisfied that you have genuine insight into the grip your drug addiction has upon you. It is clear that you have on several occasions reached out for assistance, going so far as to seek to have your CCO cancelled and you be imprisoned. Ms Kaddeche described that as you calling out for help. She submitted that you were not beyond help and that, notwithstanding your admittedly guarded prospects of rehabilitation, you are young enough and motivated enough to do something about your addiction, and that accordingly a shorter than usual non-parole period was in order. I think it is correct to describe you prospects of rehabilitation as guarded. Overcoming a longstanding addiction is not without some difficulty. So far you have not been successful despite having been given a number of opportunities. It is often said that the road to recovery is beset by setbacks and that patience is required. You have solid family support. You have in the past shown that you can work and succeed in business. You have a young daughter who cares about you. In short you have the capacity and you should have the motivation to do something to ensure that your life does not simply spiral into a drug abyss punctuated by periods of imprisonment. I propose to accede to Ms Kaddeche’s submission that I fix a shorter than usual non-parole period to encourage and support your rehabilitation. I also have regard to the principles of totality. I am mindful of the fact that I am dealing with a large number of offences as well resentencing you on the contravention matter.
23 On the charge of contravention of the CCO, I cancel the CCO and sentence you to 24 months imprisonment. I have taken into account in fixing this sentence the fact that you had completed 33 hours of community work under the order. I don’t propose to impose any further penalty having regard to principles of totality.
24 Section 9 of the Sentencing Act 1991 permits me to impose an aggregate sentence where there are two or more offences founded on the same facts or that form, or form part of, a series of offences of the same or similar character.
25 Accordingly, I propose to impose an aggregate sentence of imprisonment on charges 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 25 and 27. On those charges you are convicted and sentenced to imprisonment for 9 months. On each of charges 9 and 24 you are convicted and sentenced to 6 months imprisonment, and on charge 26 you are convicted and sentenced to 30 months imprisonment. The sentence on charge 26 is the base sentence.
26 I direct that 3 months of the aggregate sentence, 2 months on each of the sentences imposed on charges 9 and 24 and 6 months of the sentence imposed on the armed robbery charge involving the resentencing be served cumulatively upon each other and upon the base sentence making a total effective sentence of 43 months. I fix a non-parole period of 24 months.
27 In respect of charge 2, theft of a motor vehicle, pursuant to section 89(4) of the Sentencing Act 1991 your driver licence and any permit held are cancelled and you are disqualified from obtaining a further driver licence or permit for a period of 6 months.
28 Section 6AAA of the Sentencing Act requires me to state the total effective sentence and the non-parole period that I would have imposed had you pleaded not guilty and been convicted. Had you been convicted after a trial, I would have sentenced you to 5 years imprisonment with a non-parole period of 3 years.
29 I declare that 135 days of pre-sentence detention be reckoned as having been served under the sentence and I direct that a declaration to that effect be recorded in the records of the court.
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