Director of Public Prosecutions v Hodgetts (a pseudonym)
[2025] VCC 1434
•1 October 2025
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| ALEXANDER HODGETTS (A PSEUDONYM) |
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JUDGE: | HER HONOUR JUDGE BLAIR | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 28 August 2025 | |
DATE OF SENTENCE: | 1 October 2025 | |
CASE MAY BE CITED AS: | DPP v Hodgetts (a pseudonym) | |
MEDIUM NEUTRAL CITATION: | [2025] VCC 1434 | |
REASONS FOR SENTENCE
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Subject:CRIMINAL LAW – Sentencing
Catchwords: Robbery – armed robbery – relevant prior criminal history – plea of guilty psychiatric history – extreme deprivation and disadvantage - serious offending - Bugmy - Verdins – Drug and Alcohol Treatment Order -
Legislation Cited: ss 5(1), 6AAA, 18(1) Sentencing Act 1991 (Vic), s18Z of the Sentencing Act 1991
Cases Cited:Bugmy v The Queen [2013] HCA 37, DPP v Hermann [2021] VSCA 160, Marrah v The Queen [2014] VSCA 119, R v Verdins [2007] VSCA 102.
Sentence:Drug and Alcohol Treatment Order with a custodial component of 30 months
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Ms V. Kambouropoulos | Office of Public Prosecutions |
| For the Accused | Ms K. Powell | Victoria Legal Aid |
HER HONOUR:
1Alexander Hodgetts[1] on 28 August 2025 you appeared before me at a Determination Hearing in the Drug and Alcohol Treatment Court. You were arraigned on Indictment Q12124102 and you pleaded guilty to four charges of robbery and one charge of armed robbery.
[1] A pseudonym.
2As part of the arraignment process you admitted a significant and relevant prior criminal history.
Circumstances of offending
3The agreed factual basis of your offending was presented to the court in the form of a summary of prosecution opening. A summary of this is as follows.
4On 1 October 2024, at about 8.45pm, you attended the Ampol Service Station, in Hoddle Street, Abbotsford. You approached the attendant who was behind the counter. You said, ‘do you want me to beat you up, I need money, give me the money’. The attendant became fearful and stepped back. You said, ‘I need the money,’ and tried to climb over the counter. The attendant gave you a $50 note, and approximately eight $20 notes. You left the store and the attendant called the police.
5At approximately 11.05pm, you attended the Shell Service Station that was also located in Hoddle Street in East Melbourne. You approached the attendant who was behind the counter and said, ‘give me the money’ .. ‘you have a few seconds.’ You began to count down from 10 as you continued to demand money. You punched a printer, which was on the counter. The attendant gave you three $50 notes, and four $20 notes. You left the store.
6On 6 October 2024, at about 7.15pm, you attended the Ampol Service Station, again. The same attendant was there behind the counter. You produced a razor blade. You held the razor towards the attendant and demanded money. You placed your right hand through the protective railing. The attendant became fearful and placed the till on the counter. You took approximately $300- $400 from the till, before making further demands. The attendant produced a second till, but it did not contain any money and you left the store.
7At about 7.24pm, you attended the Shell Service Station, for a second time. You approached the same attendant who was behind the counter. You demanded money. The attendant advised you that the cash register was locked. You said, ‘give me it fast, you don’t have much time.’ The attendant became fearful and gave you approximately six to seven $20 notes. You continued to make demands for money. The attendant gave you the remaining $10 and $5 notes.
8At approximately 7.45pm, you attended Wabi Sushi located at Bridge Road in Richmond. You approached the owner and produced a small flat pin that was approximately 3 centimetres and made demands for cash. He opened the till, and you removed approximately $400.
9At about 7.58pm, Police located you on the corner of Fraser Street and Bridge Road, Richmond and you were placed under arrest. Police located approximately $600 in cash, and a razor blade in your coat pocket. You were taken to Melbourne West police station for interview. You made no comment to the allegations.
Nature and gravity of offending
10Armed robbery and robbery are inherently serious offences that demand condign punishment. Armed robbery is punishable by a maximum of 25 years' imprisonment whilst robbery has a maximum penalty of 15 years. Those who perpetrate offences of armed robbery can expect to receive custodial sentences.
11The prosecution submitted that it is an aggravating feature of your offending that you offended against soft targets who were vulnerable working in service stations and convenience stores at night. Further, the prosecution submitted that it was relevant to an assessment of the gravity of your offending that you offended on four separate occasions, over two separate nights and offended against one attendant twice. The prosecution conceded however, that your offending was not sophisticated, that there was limited foresight or planning involved, and you wore no disguise and given the CCTV detection was inevitable.
12Your counsel submitted your offending involved lower level examples of offences of this kind, there was no sophistication, no physical violence and a very high likelihood of apprehension. She used your words to describe your offending as brazen and ill considered. I accept such categorisation of your offending.
Personal Circumstances
13Mr Hodgetts, you are now 35 years old and were 34 at the time of your offending. You are a single man with two children, a daughter who is aged 7 and a son aged 4 however you do not have contact with them.
14You were born in Dandenong and are the second oldest of four children. You have never met your father. Your childhood was marred with instability, trauma and neglect. Your mother suffered schizophrenia and on occasion required hospitalisation. She was also afflicted by addiction and regularly used cannabis and volatile solvents which caused her to go temporarily blind.
15Your mother was neglectful to the extent that you and your sister were placed into foster care when you were aged 5 or 6. You later returned to your mother’s care from age 8 before you left at age 13. Your mother’s first partner was sexually and physically abusive towards you and perpetrated crimes of serious assault and rape, against your mother. A second partner was also physically abusive.
16You were sexually abused by an older foster-brother. He had taught you how to play rugby. In exchange, on several occasions you were made to wear female clothing and underwear and engage in sexual acts with him. You did not feel as though you could report this abuse because he was the only one in the family that was nice to you.
17You began consuming alcohol at the age of 10. At the age of 12 or 13 you ran away from home and began living with your older sister. You were forced to leave due to your misbehaviour and your regular binge drinking. You stayed with a friend for a period before ultimately becoming homeless. During this time, you were placed in a residential unit and secured welfare for periods of time however you have largely experienced chronic homelessness from this time.
18From the age of 13 you were a regular drinker and by the age of 20 you had developed a considerable drinking problem that involved daily heavy drinking. Your cannabis use began when you were 15 and you recognised a link between cannabis and psychosis. You used acid and MDMA use throughout your teens. At the age of 21 you began using methamphetamine which you would often use daily. GHB was also a drug of choice as it had a numbing effect on your PTSD symptoms. You have also occasionally used heroin. Like alcohol, you reported methamphetamine as something that ‘brought [you] out of your shell,’ and you were immediately hooked.
19Your education was fractured. You were a ‘scared kid’ who was bullied. You struggled through school and often engage in disruptive behaviour, fighting and general disobedience. You were expelled twice. You finally left school in Year 8.
20Your suicidality began in your early teens. You would cut and burn yourself regularly. Your self-harm would worsen when you were under the influence of alcohol. Your episodes of psychosis, where you would hear voices made you feel as though you were back in your abusive childhood. You were admitted to Maroondah Hospital at around the age of 15 for psychiatric treatment and were readmitted several times until the age of 18.
21In your twenties, you spent over a year subject to a community treatment order and have spent varying periods of time from weeks to months admitted as an involuntary patient at Clayton Hospital and hospitals in Sydney. Your last admission was in 2021 upon release from prison.
22You have had a cycle of repeated incarceration. Your longest, sustained period out of custody, has been two years when you were aged 26. This coincided with your relationship with the mother of your daughter. You worked in earth moving during this period. You have additionally worked in labouring roles. You have lived in NSW and Queensland. You have been gaoled in NSW. You have struggled to sustain stable relationships. You attributed trust and sexual issues to your childhood sexual abuse history.
Mental Health
23On 28 February 2025 you were assessed by consultant psychiatrist, Dr Adam Deacon via videoconference. You presented as polite, showing insight into your complex mental health issues and motivated for change.
24
You have a significant psychiatric history. During your childhood, you were diagnosed with PTSD stemming from multiple episodes of abuse that you experienced when growing up. You continue to be afflicted by symptoms of this disorder including intrusive memories, flashbacks and hypervigilance. You have a history of chronic anxiety, depressed states, absconding from DHS care and
self-harm resulting in your admission to child psychiatric facilities. You have acquired a significant alcohol and substance abuse issue and, in your twenties, began experiencing repeated drug related psychotic episodes.
25Prior to your offending, you were in desperate personal circumstances: homeless, destitute, and feeling unhygienic. You told Dr Deacon that you were chronically intoxicated, drug effected, gripped by psychosis and you deliberately committed the offences for monetary gain in the hope that you would get arrested. Dr Deacon opined that it is difficult to appraise whether you retained some capacity to think clearly, calmly, reasonably and consider the consequences of your actions. It was his opinion that you were very likely to have been significantly compromised and whilst you were likely to have been actively psychotic, he found little evidence to support a direct nexus between your psychotic symptoms and the offending. You have an increased vulnerability to experiencing an enduring psychosis given your slower response to antipsychotic medication than previous periods of recovery.
26Dr Deacon opined that your longstanding history of interpersonal difficulties, impulsivity, fragile sense of self, sensitivity to rejection, abandonment and antisocial conduct is consistent with a mixed borderline and antisocial personality disorder. Your symptoms of chronic low mood, hopelessness, low self-esteem and worthlessness is consistent with persistent depressive disorder. Further, you are a very vulnerable man with significant risk of relapse and subsequent psychosis. You require strong social supports and a coordinated care program to mitigate your risk of homelessness. Your recidivism is contingent on such basic needs being met.
Bugmy & Verdins principles
27Further in his report Dr Deacon opined that
Your developmental history is marked by considerable adversity, trauma and attachment insecurity. Your childhood was characterised by instability, neglect, insecurity, physical and sexual abuse, maternal mental illness, homelessness, early onset alcohol use, and a car accidental aged 15 that may have been (but is unlikely) associated with an ABI.
Your disrupted attachments and sexual abuse trauma contributed to a marked impact on your developmental trajectory. You were a trouble child with significant mental and behaviour issues. You were prone to feeling insecure, dysregulated and oppositional. You deviated towards using alcohol and substances to self-regulate, including to quell underlying but undiagnosed PTSD complex trauma.
28You have clearly suffered extreme deprivation and disadvantage throughout your childhood and adolescence. I accept that the Bugmy[2] principles are enlivened in your case. As has previously been observed by Judges of this court you have had an 'appalling start to life'. Your counsel submitted the Bugmy principles apply to mitigate sentence and justify a reduction in the evaluation of your moral culpability[3] and the prosecution did not contest this position.
[2] Bugmy v The Queen (2013) 249 CLR 571.
[3] Marrah v The Queen [2014] VSCA 119.
29I accept that your experiences of childhood deprivation and disadvantage have played an integral and pervasive role in shaping your personality and behaviours. The impact of such disadvantage is complex, multilayered, non-linear and not easily diagnosed or measured.[4]
[4] DPP v Hermann [2021] VSCA 160.
30Likewise, it is clear to me that the principles in Verdins are enlivened in your case.[5] There is no evidence of a substantial or direct causal nexus between your mental impairments and your offending. However, there is evidence of your pre-existing diagnoses of personality disorder and PTSD, the documented state of your mental health at the time of the offending, including that you were actively psychotic and the opinions generally as to your parlous mental state expressed by Dr Deacon. Your psychotic state and mental health are complicated by your alcohol and substance abuse which you have used to manage symptoms.
[5] R v Verdins [2007] VSCA 62.
31In the circumstances of your case, I am mindful that there is some degree of overlap between the application of Bugmy and Verdins and I have therefore been careful to place appropriate weight on these mitigatory factors. It is my view that your moral culpability ought to be reduced and general deterrence should be moderated.
Plea of guilty
32You formally entered a plea of guilty at the Determination Hearing. A plea offer was made and accepted prior to the first committal mention of this matter. This demonstrates your acceptance of responsibility of the offending and very early plea. I consider through your plea you have demonstrated your desire to facilitate the course of justice. Your plea has considerable utilitarian value, as you have spared the court the time and expense of a trial. Your plea is also demonstrative of remorse, and I propose to allow a significant discount for your plea of guilty. You made expressions of remorse to the Drug Court case manager and demonstrated a positive attitude and clear motivation.
Matters relevant to the Drug and Alcohol Treatment Court Determination Hearing
33Your counsel Ms Powell submitted that the court should impose a Drug and Alcohol Treatment Order. You have a long-standing drug addiction; you require intensive support if you are to reform; and a Drug and Alcohol Treatment Order can provide the level of support you need.
34The prosecution does not oppose the making of a Drug and Alcohol Treatment Order and submit that it is open to the court to impose such a sentence. Ms Kambouropoulos in her very fair and balanced submissions conceded that you have significant insight into your offending and the factors that led to your downward trajectory as well as a good understanding of the inherent requirements of a Drug and Alcohol Treatment Order. She submitted you appear to be highly motivated to change, that you have been abstinent from drugs of dependence whilst in custody and you have utilised your time on remand proactively. She agreed you have expressed an openness to explore treatment.
35The purposes of a Drug and Alcohol Treatment Order are to facilitate your rehabilitation, take account of your drug and alcohol dependency, to reduce the level of criminal activity associated with drug and alcohol dependency, and to reduce your health risks associated with drug or alcohol dependency.[6] Importantly, if I am considering making such an order, I must regard your rehabilitation and the protection of community from you, achieved through your rehabilitation, as having greater importance than the other sentencing purposes such as denunciation and general deterrence. The principles of general and specific deterrence, denunciation and community protection remain important sentencing considerations.
[6]Sentencing Act1991 (Vic) s18(1).
36I have received assessment reports provided by the Drug and Alcohol Treatment Court clinical adviser and case manager. Both have assessed you as suitable for a Drug and Alcohol Treatment Order.
37In both assessments, you expressed motivation to engage in a Drug and Alcohol Treatment Order. You stated that you were embarrassed and remorseful for your offending. You are driven by a desire to seek treatment for your substance use, to address significant early-life trauma and unresolved past experiences, to break your cycle of offending and to rekindle a relationship with your estranged children. You wish to become a strong presence in their lives and be a good father to them.
38Case Manager Ms Claassen acknowledged that, other than your children, you have limited protective factors due to your history of attachment insecurity, trauma and adversity. As also discussed in Dr Deacon’s report, you have a high risk of recidivism, which is linked with your chronic substance use and extensive periods of homelessness. Dr Deacon recommended a transition from custody into residential rehabilitation to ease your transition into the community and address the concerns around your historic offending pattern from the outset. Further enquiries were made by your counsel as to the immediate availability of residential rehabilitation. At this stage it appears entry to such a program will be best facilitated by the drug court team whilst you are in the community.
39You have two active intervention orders against you and have six historic FVIVOs and two PSIVOs. Ms Claassen recommended that you would benefit from building insight into your family violence behaviours. While you expressed a willingness to learn practical strategies to manage emotional triggers. Ms Claassen recommended that you engage in a further family violence assessment given the serious family violence concern.
40Family Violence Social Support Worker Erica Beard prepared a report with an expert opinion as to your suitability to participate in a DATO considering your family violence risk factors. Ms Beard assessed your level of family violence risk as serious.
41There are currently two no-contact FVIVOs in place protecting members of your family, The orders are set to expire on 31 December 2060. You have a documented history of perpetrating family violence over 15 years, and there are six expired historic IVOs and two PSIVOs where you are named the respondent. Incidents of family violence where you were the perpetrator featured risk factors, including: drug or alcohol abuse, threatening to self-harm, controlling behaviours, emotional abuse, obsession and jealousy towards the victim, making threats to kill the victim, damage to property and access to weapons. You have previously been convicted of contravening a FVIVO. Further, you have a history of violent behaviour, some of which has resulted in criminal convictions, and one incident of physical harm which occurred within the context of family violence.
42Ms Beard acknowledged that you did demonstrate some insight into the immediate impacts of your behaviour, that your actions were inappropriate and likely to instil fear in others. However, you were unable to appreciate the more lasting emotional impacts of family violence on the victims and the harmful functions of coercive control. You also minimised the seriousness of threatening to kill two of your family members by emphasising that they would have been aware you had no intention of following through. In the past you have minimised the seriousness of your actions and ignored the immense fear and distress likely experienced by the victims.
43That said, you expressed a desire to address issues which you identified as underlying family violence. You are determined to develop strategies to regulate your emotions, digging into the reasons around why you might have trust issues in relationships and how you conduct yourself in relationships more generally. You were, however, hesitant about your capacity to abstain from alcohol use in the community.
44Ms Beard held particular concern around your mental health issues and substance use, which have contributed unpredictably to family violence. Ms Beard emphasised the importance of intervention and progression in your mental health and substance use to realise any meaningful or sustained change in relation to family violence.
45Ms Beard recommended there should be rigorous monitoring, safety planning and information sharing to continually assess and manage your family violence risk. This is achieved primarily through your engagement with the Family Violence Social Support Work at the DATC, as well as liaising with the DATC treatment team and other services. Ms Beard further opined that a referral to a men’s behavioural change program may be appropriate.
46Clinical advisor Nicky Luo opined that you would have satisfied the diagnostic criteria for opioid, stimulant and alcohol use disorders at the time of your offending, which were severe in nature and are currently in sustained remission in a controlled environment with the assistance of pharmacotherapy. Upon release from custody in the past, you have been susceptible to a pattern of relapsing into drug and alcohol use. In the context of your substance use and mental health issues, you are also at risk of gambling, episodes of psychosis and self-harming behaviours. In the absence of structured support and therapeutic continuity, Ms Luo emphasised that you remain at risk of relapse and self-harm. There is some indication, from a psychological assessment dated 9 January 2022 that you present with ADHD symptoms, however further assessment of for a diagnostic clarification of ADHD is required. Untreated ADHD symptoms may contribute to your substance use, impulsivity and offending behaviours. As such, Ms Luo recommended that you undergo a neuropsychological assessment for diagnostic clarification and targeted intervention.
47You have demonstrated insight into your mental health needs, and you are already engaged in weekly sessions with a psychologist to enable you to begin processing past trauma, and to develop coping mechanisms and strategies for emotional regulation. Ms Luo recommended that you would benefit from continued weekly engagement with a psychologist to support your emotional recovery. A referral to a community mental health service would further ensure continuity of care, support ongoing management of his complex mental health needs, reduce risk of relapse, and assist with trauma recovery and reintegration into the community. Ms Luo recommended that you would also benefit from engagement with a specialist gambling support service to address your gambling addiction.
48The criteria for the making of a Drug and Alcohol Treatment Order are set out in s18Z of the Sentencing Act 1991.[7] I am satisfied on the balance of probabilities that you are dependent on drugs or alcohol and that your dependency contributed to the commission of the offences now before me. In making these findings, I have had regard to the circumstances of your offending, your prior history, the psychiatric report from Dr Deacon, other material tendered on your behalf and importantly the Drug Court assessment reports. I am satisfied that a sentence of imprisonment of no more than four years duration is appropriate in the circumstances of your case. This criterion was not challenged by the prosecution.
[7] Sentencing Act1991 (Vic) s18Z.
Sentence to be imposed
49In relation to the charge of armed robbery and the four charges of robbery you are convicted and you are placed upon a Drug and Alcohol Treatment Order, and that order will commence today.
50A drug and alcohol treatment order has two parts: there is a treatment and supervision part and a custodial part. The treatment and supervision part has two parts, and these are as follows:
51There are core conditions - these are:
(a) You must not commit, whether in or out of Victoria, that is an offence punishable by imprisonment during the time of the order;
(b) You must attend Drug Court when required to do so, so that will be on a weekly basis and I had not actually - I think you will go into the Thursday group and that will be with me, so you have got to attend Drug Court for review, and as I say that is weekly and as I say it will be on a Thursday;
(c) You must report to the Melbourne Drug Court House within two clear working days after the order is imposed, and I think you are going to go straight there so that will be ticked off;
(d) You must report to and accept visits from the members of the Drug Court;
(e) You must undergo treatment for alcohol and drug dependency as specified in the Order or by the Drug Court;
(f) You must give notice of any change of address, at least two clear working days before the change, to a specified Drug Court officer. I know that you have got a condition that you reside where directed by the Drug Court, so if there is any change to that, you are going to need to discuss that with them in order to stay compliant;
(g) You are not to leave Victoria without the permission of the Drug Court; and
(h) You are to obey all lawful directions and instructions from the Drug Court team.
52So those core conditions will operate for 30 months, so that is two and a half years, or until further order.
53The program conditions - and this is the second part that you must follow - are that you must -
(a) comply with the individual treatment plan which is dated 4 August 2025;
(b) submit to drug and alcohol testing as directed, and I think you will find that will be three times a week, Monday, Wednesday, Friday;
(c) submit to detoxification or other treatments specified in the order as directed, and that could involve residential as well which I think we have discussed during the pleas;
(d) attend vocational, education and employment programs as directed;
(e) submit to medical, psychiatric and psychological treatment as directed;
(f) reside at accommodation as directed by the Drug Court team;
(g) comply with a curfew, so there is going to be a curfew that you are to be at home at your address between 9.00 pm and 6.00 am;
(h) you must not drive a motor vehicle, I am not sure of the status of your license, but yes do not drive;
(i) You are not to use a drug of dependence without lawful authorisation;
(j) You are to abstain from alcohol; and
(k) You are to do, or not do, anything else that the Drug Court considers necessary or appropriate concerning.
(i)your drug and alcohol dependency and
(ii)the personal factors that the Drug Court considers contributed to your criminal behaviour.
54These program conditions will operate for two years or until further order.
55The custodial part of the DATO is the term of imprisonment that I would have imposed had I not placed you on a Drug and Alcohol Treatment Order, and it is a term of two years and six months, or 30 months, and it is made up as follows:
56Charges 1 and 2, they are two charges of robbery, I consider them to be part of a series and they are of a similar nature I am therefore impose an aggregate sentence of 12 months' imprisonment.
57The charge of armed robbery is more serious I impose a single term of two years' imprisonment on that charge.
58Charges 4 and 5 again I consider to be a series, they are similar, they are two charges of robbery again I impose an aggregate term of 12 months.
59The sentence on Charge 3, of two years is the base sentence and I order that three months of the sentence imposed on Charges 1 and 2 and three months of the sentence imposed of Charges 4 and 5 - is to be served cumulatively making a total effective sentence of two and a half years.
60I declare that you have served 360 days in custody by way of pre-sentence detention, and this will be declared as time served and it will be entered into the records of the court.
61Pursuant to s6AAA of the Sentencing Act, if you had not pleaded guilty, I would have imposed a total effective sentence of three years with a non-parole period of 20 months.
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