Director of Public Prosecutions v Hall, Neil
[2013] VCC 352
•25 March 2013
| IN THE COUNTY COURT OF VICTORIA | Revised Not Restricted Suitable for Publication |
AT SHEPPARTON
CRIMINAL DIVISION
Case No. CR-13-00198
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| NEIL HALL |
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JUDGE: | His Honour Judge Mason | |
WHERE HELD: | Shepparton | |
DATE OF HEARING: | 25 March 2013 | |
DATE OF SENTENCE: | 25 March 2013 | |
CASE MAY BE CITED AS: | DPP v Hall, Neil | |
MEDIUM NEUTRAL CITATION: | [2013] VCC 352 | |
REASONS FOR SENTENCE
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Subject: Plea - sentencing
Catchwords: Robbery
Legislation Cited: Sentencing Act 1991
Cases Cited:
Sentence: 12 months' imprisonment, 8 months suspended for 12 months
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Mr D Cordy | Office of Public Prosecutions |
| For the Accused | Mr P Randles | Randles Cooper |
HIS HONOUR:
1 Mr Hall, you have pleaded guilty to one charge of robbery, which carries a maximum penalty of 15 years’ imprisonment.
2 The detailed facts of this matter are set out in the prosecution summary tendered as Exhibit A. I accept and incorporate that summary as the factual basis of these sentencing remarks.
3 Essentially, you have taken matters into your own hands in seeking compensation for damages sustained on your girlfriend's car when it was struck by a vehicle driven by a patron of the Seymour Cricket Club at that club's premises.
4 You calculated the damage as $80 to cover the cost of paint, you having already repaired the substance of damage yourself. You met that patron, a Mr Taylor, a week before the offending, and spoke to him about the incident. Mr Taylor told you that he would speak to the club's president about it. You told him he had a week to do it.
5 On the evening of 8 November 2012 you confronted members of the Seymour Cricket Club, including Mr Taylor, and demanded $80 compensation from the Club. Committee members were called for but the mood changed. In that context you picked up a bread knife one of the members had been using to cut bread, you held it behind your back and said: "I'm not leaving here until I get the money or until I feel safe." Keys to the till were obtained and you handed the knife over by passing the knife handle first. You were given $80 from the till, you shook hands and left.
6 Later that evening you were arrested by police and your behaviour at the police station was irrational. You were assessed as being unfit to be interviewed. You were remanded in custody that evening and have remained in custody since that date.
7 You did not contest committal proceedings and indicated an intention to plead guilty to the much more serious charge of armed robbery, and you indicated that intention, I accept, at the earliest opportunity.
8 I note you have a history of past offending, however the offences are not as significant as the present offending and you have never before been sentenced to a term of imprisonment.
9 Your personal circumstances and mental health assessment are set out in the comprehensive psychological report of Mr Warren Simmons. You exhibited developmental difficulties at school and left in Year 9. You commenced drinking heavily in your teens and graduated to cannabis and amphetamine use. This has continued into your adult years from time to time.
10 You have engaged in three significant personal relationships. You currently care for a daughter and have been in your present relationship now for approximately 12 months.
11 Your mental health has resulted in you having been admitted to a psychiatric facility on about five or six occasions over the past 10 to 12 years. You have been diagnosed as suffering from schizophrenia, although more recently it has been changed to bipolar mood disorder. Your condition appears to have stabilised whilst in custody and having been prescribed appropriate anti-psychotic medication.
12 Whilst I accept that this example of robbery is at the lower end of this type of offending, it remains a serious offence and the offender can usually expect to receive a sentence of imprisonment to be immediately served and for a significant period. The principles of general deterrence, denunciation and just punishment are important considerations. In your case, given the regularity of your court appearances, specific deterrence also remains important. You quite wrongfully and unacceptably and to the fear of others present adopted a vigilante approach to the recovery of a simple debt.
13 I accept however that the particular circumstances of your offending are unusual and exceptional and are mitigated by several factors.
14 You were not thinking clearly at the time and suffering from a mental illness. One witness observed you to be agitated and formed the view that you may have picked up a knife because you yourself felt threatened. This is consistent with your account to Mr Simmons and also with your history of paranoid symptoms.
15 You pleaded guilty at the very earliest stage and even to a more serious charge. You shook hands with the club members as you left thinking you had simply settled a debt. You could have taken much more money had you been so inclined but only took what you believe was fairly owed to you.
16 I accept that your moral culpability is reduced by your mental illness and that the weight given to general deterrence should be moderated by the fact that you are a less appropriate vehicle for that principle as an example to others. You have already spent 137 days in remand custody and you have the continuing support of your partner and your extended family to assist with your rehabilitation.
17 In all of these circumstances I accept the range submitted by the prosecution is appropriate.
18 Mr Hall, could you please now stand.
19 On the charge of robbery I propose to sentence you to a term of imprisonment which I intend to partially suspend for a period of 12 months.
20 The purpose and effect of the proposed suspension order is to grant you conditional freedom from its commencement, the condition being that you avoid conviction for an offence punishable by imprisonment for in this case 12 months from the commencement of the suspension period. If you commit such an offence in that period, you will be liable to again attend court, and if necessary that will be under arrest, and in the absence of exceptional circumstances you will be ordered to serve the whole of the suspended sentence. Do you understand that, Mr Hall?
21 PRISONER: Yes, Your Honour.
22 HIS HONOUR: Thank you.
23 On Charge 1 of robbery, you are convicted and sentenced to 12 months’ imprisonment.
24 The sentence starts today. I order that you serve four months in custody and the balance of 12 months is to be suspended. In accordance with s.27 of the Sentencing Act I declare that the operational period of the suspended sentence is 12 months.
25 I declare that the period that you have already spent in custody in this matter, namely, 137 days not including today, be reckoned as a period of imprisonment already served under this sentence and is to be deducted administratively. It will be noted on the record that it is the intention of the court that you be released from custody forthwith.
26 Pursuant to s.6AAA of the Sentencing Act, I declare that but for your plea of guilty the sentence that would otherwise have been imposed is 18 months’ imprisonment with a non-parole period of 12 months.
27 Mr Hall, you may be seated for the moment.
28
The Crown sought an order for the taking of a forensic sample and I have made that order for the reasons noted on the order, namely, the seriousness of the offending warrants the making of the order, your prior convictions warrant the making of the order, the order is by consent and the making of the order is in the public interest.
29 I must inform you that if at the time of the request you do not consent to the taking of a mouth scraping under the supervision of an authorised member of the police force, then the sample to be taken will be a blood sample and police may use reasonable force to enable that forensic procedure to be conducted. Do you understand that, Mr Hall?
30 PRISONER: Yes, Your Honour.
31 HIS HONOUR: The Crown has also sought an order for compensation for the Seymour Cricket Club in the sum of $80, to which again you consented, and I have made that order today also.
32 Are there any other matters from either counsel?
33 COUNSEL: No, Your Honour.
34 HIS HONOUR: Mr Hall, there is some paperwork that needs to be done so you will have to go back into custody for that paperwork to be finally produced and taken to the custody centre, and then it is my intention that you be immediately released. Do you understand that?
35 PRISONER: Yes, Your Honour.
36 HIS HONOUR: So you have served the four months that I required; you will serve the balance of the eight months if you commit an offence punishable by imprisonment in the next 12 months.
37 PRISONER: Yes sir.
38 HIS HONOUR: So you have got to be of good behaviour for the next 12 months – are you clear with that?
39 PRISONER: Yes, Your Honour.
40 HIS HONOUR: There are not many offences that do not carry a sentence of imprisonment. A simple shoplifting offence, for example, carries that so you have to keep out of trouble.
41 PRISONER: Yes, Your Honour.
42 HIS HONOUR: Given your history, that is not necessarily going to be easy for you, both because you have had repetitive offences in the past and you have issues with your mental health that you have to control and monitor, so you have to be very conscious of looking after your mental health and taking any prescribed medication to assist you because you need to have that.
43 PRISONER: Yes, Your Honour, I'm on the right medication now.
44 HIS HONOUR: Well that is right, but when you get released you will be more on your own, you will not have that ability to be supervised, so all those people that are present that are capable of supporting you should take into account this morning as well to assist you so you can assist yourself in getting that regular medication. To do that, this is not a matter of the sentencing reasons at all but it is a comment from me, you are only going to be able to manage that if you immediately go to your general practitioner and get a mental health plan. For that purpose I will leave it up to your discussions with Mr Randles but one thing that might be helpful is if your general practitioner has copies of Mr Simmons' reports. But that is a matter between you and Mr Randles and your own personal consideration, but you do need to let your general practitioner know what medication you are on, why you are on it, and any other practitioners, perhaps psychiatrists that have spoken to you in remand custody already, you might know their names, so that that practitioner, that is, your GP, can be fully informed of your issues and the medication that you have been on because it seems to have settled you down and you need to have it. If you do not have it, you are likely to be vulnerable so you are getting into more trouble. Follow all that?
45 PRISONER: Yes, Your Honour.
46 HIS HONOUR: Unless there is anything further, I will adjourn now for the next matter.
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