Director of Public Prosecutions v Hewitt

[2018] VCC 352

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR 17-02175

DIRECTOR OF PUBLIC PROSECUTIONS

v

COREY HEWITT

---

JUDGE:	HER HONOUR JUDGE HANNAN
WHERE HELD:	Melbourne
DATE OF HEARING:
DATE OF SENTENCE:	22 March 2018
CASE MAY BE CITED AS:	DPP v Hewitt
MEDIUM NEUTRAL CITATION:	[2018] VCC 352

REASONS FOR SENTENCE
---

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

---

APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms A. Burt
For the Accused	Ms T. Hartnett

HER HONOUR:

1Corey James Hewitt, you have pleaded guilty to one charge of armed robbery.  The maximum penalty for that offence is 25 years' imprisonment.

2The circumstances of your offending are set out in the prosecution opening, which is tendered upon your plea.  In summary, you had attended a gambling venue where you had played pokies machines and lost your money.  You then accessed your mother's bank card and used her money, which you also lost.  You apparently did not wish to go back to your mother without any money, particularly as it was her birthday.

3You went to an address in Frankston where you had some possessions.  You changed your clothes and obtained a bag containing a balaclava, knife and claw hammer.  You made your way to the 7-Eleven store in Carrum Downs, arriving at approximately 5.30 am.  You waited at a bus shelter across the road from the service station for almost two hours prior to committing the offence.

4The victim had commenced his shift at the service station at 6 am, and had made observations of you.  He assumed initially that you were waiting for a bus, and over the next hour, observed that you would randomly look up towards the store and surrounding area.

5At approximately 7.30 am, the victim was refilling the store's coffee machine, which was located outside the secured area behind the counter.  You entered the store holding the hammer.  You were wearing dark pants and a dark hoodie pulled over your head.  You were also wearing a balaclava with holes cut out over your eyes and mouth.  You were carrying a Woolworths bag, which had the knife inside.

6You said to the attendant, "Just stay there.  Don't come to me.  I just need money."  The victim stayed where he was while you slid across the counter under the wire.  You had trouble opening the cash register and asked the victim how to do it.  After being informed as to how to open the register, you took $198 in cash and placed it in the Woolworths bag you were carrying.  You also took some cigarette lighters valued at $10.  You then climbed back over the counter, saying "Sorry mate" to the victim, before leaving the store.

7Once you had left the store, the victim pressed the duress button.  Your offending was captured on CCTV.  In addition, two customers who had been outside the store had observed what had occurred and contacted police.  You were arrested shortly after.

8You cooperated, telling police where you had left the bag, weapon, balaclava and stolen money, which was subsequently recovered.  You were arrested and interviewed.  You made full admissions in relation to offending, telling police that you did not want to hurt anyone.  You told them you waited until the worker had walked out of the booth because you thought it would be less trouble and you did not want a confrontation.

9You told police you had spent some of your mum's money at the pokies and it was her birthday.  You said that you had thought to yourself that you were not going to have any money to give her.  You referred to your need for money, saying, "I'm not going back to her without money."  You told police you could not get money any other way and you felt like "shit" for spending all your mum's money on her birthday.  You said you wanted to get her some money before she woke up.  You expressed remorse, telling police that you felt bad that you had scared the worker.

10The victim was offered an opportunity to make a victim impact statement, which he declined.

11You come before this court without prior conviction or appearances.  Although I not have been informed about some subsequent matters.  You are, of course, to be sentenced on the basis that you were, at the time of this offending, a man of good character.

12Turning to your background.  You were 18 at the date of this offending and 19 now.  You are the only child to a single mother who raised you on her own.  You have had no contact with your father.  You have been told he has been in and out of custody most of your life, but you have no relationship.

13By way of education, you completed Year 10.  You are described as having "issues" at school.  When you were 13, your mother and maternal aunt were struck by a car.  Unfortunately, your aunt died as a result of complications from that accident.  At that time, you commenced missing a lot of school.  Your counsel described your social groups moving on and you starting to struggle academically.

14Your home life was further complicated by your mother's own psychiatric issues.  She has been in and out of psychiatric hospitals and has been diagnosed with bipolar disorder and depression.

15In the first half of 2017, you had gained employment.  You were clearly trying your best to maintain that employment, travelling two hours a day to get to and from your work.  After you were late on a couple of occasions, your employment was terminated and you could find no further employment.  It was at this time that your drug use increased and this unfortunately coincided with significant decline in your mother's mental health.  This offending occurred at the end of July in circumstances where your mother was in fact an inpatient in a psychiatric hospital.

16Subsequent to being interviewed in relation to this matter, on 29 July, you were released on bail.  Subsequently on 15 November 2017, you were arrested for possession of drugs and weapons.  On 14 December, you were sentenced to a six month CCO without conviction.  It was clearly primarily aimed at your rehabilitation and included components relevant to that purpose.

17Unfortunately, you did not report within two days.  Indeed, you have done nothing in compliance with that order and breach proceedings are about to be instituted.

18On 14 January, you allegedly admitted further offences of burglary on a nightclub and possessing a prescription drug.  You were bailed in relation to that matter, which is now listed in May this year.

19On 23 February 2018, it is alleged you committed further offences of theft from a shop, possession of ice and committing an indictable offence on bail.  I am told those matters are listed in the Magistrates' Court on 15 May.

20Most recently, on 19 March, you were arrested in relation to a number of offences, including eight charges of theft, unlawfully on premises, possession of drugs.  You were remanded on these matters to the 1 May in the
Magistrates' Court.

21As you are aware, I ordered a youth justice assessment suitability report in relation to you.  You have been found suitable for such order.  The author of that report notes that you have been assessed as a suitable for a Youth Justice Centre order given your age and the other reasons as detailed in his report, including you being particularly impressionable as a result of your remand in adult custody.

22Mr Bell was of the view that your immaturity would certainly exacerbate your experience and vulnerabilities in that adult environment, and despite the fact that you have had opportunities in the community to address your substance abuse, homeless and offending behaviours, it would appear that you had not given a great deal of weight to those opportunities. 

23Mr Bell takes the view that you are suitable for a Youth Justice Centre order disposition.

24Any offence of armed robbery is a serious offence.  This is demonstrated by the maximum penalty imposed by Parliament.  That being said, this armed robbery was certainly not sophisticated.  It was pre-planned to the extent of you going home and arming yourself, and apparently spending some time contemplating the armed robbery across the road.

25It was not, however, sophisticated.  You were apologetic during the course of the offending.  I accept that you had no desire to hurt anybody.  You immediately expressed remorse as regard to your actions, both in your police interview and subsequently.  You indicated a willingness to plead guilty to the charge from the earliest stage.  All these things bode well in terms of your rehabilitation.

26As regards your prospects of rehabilitation, they are impacted by the events which have occurred subsequent to this offending.  That is, the other criminal conduct in which you have allegedly engaged or engaged.  Importantly, the disclosure of ongoing drug use.  The reality is, you will need to deal with the issues which you have underpinned your offending if rehabilitation is to be achieved.

27Your counsel relies on a number of matters.  Firstly, your plea of guilty, which you entered at the earliest stage.  You are entitled to the full benefit of that plea and the discount that attaches to such plea and the stage at which it was entered.  You are to be sentenced on the basis of no prior convictions or appearances, and as a man of good character.

28I take into account the contrition which I accept as being both inherent in the plea and demonstrated by your post-offence conduct.  I accept that your plea is properly used as evidence of your remorse, which you have expressed on an ongoing basis.  I am satisfied that you are remorseful in relation to what you have done, and not simply the position in which you now find yourself.

29Importantly, you are still a young offender.  You are a first offender. Your rehabilitation must be given significant weight in the sentencing process, and I have acted on that basis. The delay between your offending and sentencing before this court is also a relevant matter. 

30Your counsel submits that this matter can appropriate be dealt with by way of a Youth Justice Centre order.  The Crown do not oppose such disposition.

31Sentencing is, of course, a balancing exercise and I have approached my task on that basis.  As well as matters personal to you, general deterrence and specific deterrence must be given some weight, albeit that in your case, and given your age, rehabilitation must be given primacy. While your youth and lack of criminal history must be appropriately weighed and necessarily diminished the weight to be given to general deterrence, it nevertheless, as I have said, in my view, remains relevant.

32Your sentence must manifest the communities denunciation of your conduct and impose just punishment.  I must seek to protect the community from any repetition of this kind of offending.

33This is, without doubt, a serious offence.  In the circumstances, I have no option but to impose a custodial term. 

34On the charge of armed robbery, you are convicted and sentenced to be detained in a Youth Justice Training Centre for 14 months.  I direct that eight days be reckoned as served.

35Pursuant to s.6AAA of the Sentencing Act, I direct it be noted in the records of the court that were it not for your plea of guilty, I would have sentenced you to 24 months.

36Can I turn to ancillary orders?  I think the prosecution wanted a disposal order?

37MS BURT:  Yes, Your Honour.

38HER HONOUR:  Not opposed, Ms Hartnett?

39MS HARTNETT:  No, Your Honour.

40HER HONOUR:  Made in the terms of the draft, which I do not know if we - have we got the draft?  Yes, I will sign that.

41MS BURT:  Could I just confirm?  I think there were two drafts.

42HER HONOUR:  Can you hand up the correct draft?

43MS BURT:  Sorry.  I think there was - I think the one that was handed up had a number of extra items that were sought to be disposed of.  So I will hand this one up.  It only has four.

44HER HONOUR:  All right, thank you, and are you seeking 464?

45MS BURT:  Yes, I am.  464ZF.

46HER HONOUR:  Opposed?

47Finally, the prosecution seek an order pursuant to s.464ZF(2) of the Crimes Act for the taking of a forensic sample for placement on the database.  I am satisfied that the seriousness of your offending warrants the making of the order.  In my view, it is in the public interest and I make the order in the terms of the draft.  I do not need to give an attendance direction because he will be in custody.

48What that means is, it will initially be what is called a buccal swab.  Like a big cotton bud on the inside of your mouth.  If you cooperate in that procedure, no blood test will be taken.  I am obliged to inform you that police may use reasonable force to enable that procedure to be conducted.

49Thank you.  Counsel, is there anything further?

50MS HARTNETT:  No.

51MS BURT:  No, Your Honour.

52HER HONOUR:  Just sign these orders.  Parties are excused.  I have got other matters to go on, I think.

53MS BURT:  May it please Your Honour.

‑ ‑ ‑