Director of Public Prosecutions v Hopley
[2015] VCC 887
•26 June 2015
| IN THE COUNTY COURT OF VICTORIA | Revised Not Restricted Suitable for Publication |
AT LATROBE VALLEY
CRIMINAL DIVISION
CR-15-00293
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| AARON ERIC HOPLEY |
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JUDGE: | His Honour Judge Grant | |
WHERE HELD: | Latrobe Valley | |
DATE OF HEARING: | 22 June 2015 | |
DATE OF SENTENCE: | 26 June 2015 | |
CASE MAY BE CITED AS: | ||
MEDIUM NEUTRAL CITATION: | [2015] VCC 887 | |
REASONS FOR SENTENCE
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Ms C. Parkes | Office of Public Prosecutions |
| For the Accused | Ms S. Keogh- Barnes (Plea) Mr C. Sheen (Sentence) | Emma Turnbull Lawyers |
HIS HONOUR:
1 Aaron Hopley, you have pleaded guilty to two charges of Armed Robbery. The maximum penalty for each of these offences is 25 years' imprisonment. I have heard a summary of the offending and it is not my intention to repeat the whole of that summary. It has been tendered as Exhibit A in the plea hearing.
2 Briefly, at about 10.30 pm on 20 January 2014 you, a young woman named Courtney White and another male, arrived at the victim’s house for a drink. White knew the victim, Clemow, and had asked if she could come over with her boyfriend and his friend for a drink. Clemow lived with the other victim (Mr Beamish) and Ms Eaton. You did not know the victims and you and the other male had taken false names on that night. You used the name ‘Tom’ and the other male used the name ‘Jacob’.
3 The two victims and Eaton, along with White, ‘Jacob’ and yourself, were drinking in the lounge room of the house. At some stage, Ms Eaton left to go to her room and at approximately 11.00pm, you went to the bathroom and when you returned, you were carrying a barbell which was missing its weights. You approached Beamish, jabbed him in the right upper arm with the barbell and accused him of trying to "crack onto your ‘missus’", presumably meaning Ms White, and you threatened to break his knee caps. You continued to wave the barbell around and demanded Beamish empty his pockets and give you his money. He handed you $85 in notes. This behaviour constitutes Charge 1.
4 You then moved to Clemow and waved the barbell around. You took his iPhone and eight or nine cans of Black Douglas. This behaviour constitutes Charge 2. Beamish alerted Ms Eaton, who was in her room, and she called police. You left the house with White and the man called ‘Jacob’.
5 Police attended and found your fingerprint on a can of drink and you were also identified by Mr Beamish in a photo-board compilation.
6 On 6 February 2014, you surrendered yourself to police. You were remanded in custody until being granted bail in the Supreme Court on 6 June 2014. You were bailed with conditions that included complying with all the requirements of the Court Integrated Services Program.
7 You failed to appear at the committal hearing on 8 October 2014 and a warrant issued for your arrest. The warrant was executed on 13 November and you were remanded in custody. You have now served 346 days by way of pre-sentence detention.
8 Mr Hopley, the maximum penalty for armed robbery is an indication of the seriousness with which this offending is regarded. In this case you committed the offences in the home of the victims. Your behaviour was menacing and threatening and it must have been a frightening situation for the two victims. General deterrence, denunciation and just punishment are all important sentencing considerations in this case.
9 You have a relevant prior criminal history. It includes three prior convictions for robbery. Your history commences in 2007 with an appearance in the Children’s Court. There are a number of subsequent appearances in the Children’s Court and in that jurisdiction, you received good behaviour bonds, a fine, two youth supervision orders (both of which were breached) and sentences of detention in a Youth justice centre. On 11 March 2011, you were sentenced to 12 months' Youth Justice Detention by the Dandenong Magistrates Court. On 17 July 2012, you were sentenced at the Latrobe Valley Magistrates' Court, to 18 months' imprisonment on a large number of dishonesty offences. The magistrate fixed a minimum term of 10 months before you would be eligible for release on parole. I was told that because you did not or were unable to complete a drug and alcohol program in custody, you were not released on parole. You served the full 18 month gaol term and you were released back into the community without any support or supervision. For someone with your background, this was less than ideal. I note the current offences were committed within one month of your release.
10 Mr Hopley, given your criminal history, specific deterrence and protection of the community are also relevant sentencing considerations.
11 There are a number of matters in mitigation.
12 In assessing the seriousness of these armed robberies, I acknowledge that they were poorly thought-through, they were unplanned and spontaneous. You committed the second offence within seconds of the first offence. Fortunately there was only a small and limited amount of actual physical violence.
13 You are still a young man. You were 22 years old at the time of the offending, you are now 23 years old. Given your relatively young age, I accept that rehabilitation is still a relevant sentencing consideration.
14 You come from a background of trauma and disadvantage. Your father left the family when you were three years old. Not long after this, your mother entered a new relationship and your step-father was violent towards you. It is your view that your mother did not act to protect you and that your father abandoned you. As a child you were diagnosed with ADHD, OCD and conduct disorder. No doubt these disorders explain why you had difficulty at school. You have not had a good education. You left school at the end of year 8. The Department of Human Services became involved in your life when you were 14 years old or thereabouts. You were apparently “kicked out of home” by your mother after an incident of violence against your brother. You spent a very short period of time in foster care. Between the ages of 15 and 17, you resided in residential care units. Presumably these placements were at the direction of the Children’s Court after it had been determined that you were in need of protection. I accept that this background of disadvantage is a relevant factor that should mitigate sentence.
15 You were 15 when you first appeared in the Children’s Court criminal division and by this age, you were drinking alcohol heavily and using cannabis daily. I was told that at the age of 17, you experimented with the use of amphetamines and at the age of 20 experimented with the use of methyl amphetamine. As your counsel pointed out, you have spent most of the time since March 2011 in Youth Justice Detention or prison. Notwithstanding the support offered at times by Youth Justice on supervisory orders or youth parole, you have not been able to address your mental health issues, your drug and alcohol abuse or stop offending. So, whilst your background provides a factor in mitigation, your inability, thus far, to overcome that background means that protection of the community has a counter veiling effect.
16 The history that I have just outlined also explains why I am guarded about your prospects for rehabilitation.
17 You have been assessed by Dr Aaron Cunningham as having a borderline personality disorder. According to Dr Cunningham, the symptoms of this disorder result in violent offending behaviour when combined with drugs or alcohol. On the night of this offence, it was your consumption of alcohol that acted as the catalyst for the commission of the offences. Given these circumstances, I am unable to accept your counsel’s submission that the Verdin’s principles apply to reduce your culpability or reduce the weight to be given to the principles of deterrence. However, I do accept the submission that a term of imprisonment would be more onerous for you than it would be for someone without your disorder.
18 It is to your credit that you have pleaded guilty. I accept that the plea was relatively early in the process. No witnesses were required to give evidence at the committal hearing. I accept that you are remorseful. Your plea of guilty has saved the victims from the trauma of giving evidence and has saved the community the cost and expense involved in a criminal trial. You will be given credit for all of these matters.
19 Mr Hopley, the appropriate order in this matter is a sentence of imprisonment together with a community corrections order. I am satisfied that it is in your interests and the interests of the community, that an order be made that provides you with appropriate support and supervision upon your release from prison. Although I am guarded about your prospects for rehabilitation, I acknowledge that it is still possible, given your young age, for you to change your behaviour. When you were bailed into the CISP program, you did engage for a period of time – unfortunately, it was not long enough. You have now spent close to 12 months on remand. You maintain that you have matured and you want to change your behaviour. Such a change can best be attempted by providing you with strong support and supervision upon your release from custody. I note that this will be the first time you have had an opportunity of being supported by Community Corrections. However, you do need to understand this – if you breach the community corrections order, you will be brought back before me and I will almost certainly return you to prison.
20 Mr Hopley, you will be convicted of the two offences and sentenced to an aggregate imprisonment term of 15 months, together with a community corrections order of 21 months. The community corrections order will have the following conditions: – you are to be under supervision for the period of the order; you are to perform 120 hours of community work; that you undergo assessment and treatment for drug abuse; you undergo assessment and treatment for alcohol abuse; you undergo mental health assessment and treatment; and you participate in programs to reduce re-offending. Upon your release from prison, you are to attend the Carlton Community Corrections Service at 444 Swanston Street, Carlton. You are to attend within two working days of your release.
21 I make a declaration that you have served 346 days pre-sentence detention.
22 Had you pleaded not guilty to the charges and been found guilty after trial, I would have sentenced you to an aggregate imprisonment term of 30 months, with a minimum term of 21 months.
23 I make the disposal order sought by the prosecution and I will sign the orders now.
24 MR SHEEN: May it please the court.
25 HIS HONOUR: Mr Hopley, you understand what has happened?
26 PRISONER: Yes.
27 HIS HONOUR: It is a 15 month gaol term, I have declared that you have served 346 days, which is nearly 12 months of that sentence, so you still have a little while to serve. Indeed, I understand you also have some matters to be heard in the Magistrates' Court in July, so whether you are able to be released in a short period of time might depend on the order made by the magistrate, but certainly my order is that, for this offending, you serve 15 months and that will be followed by a community corrections order for 21 months.
28 The important thing for you to remember is that as soon as you are released, you must go to the Carlton Community Corrections Centre. Then the order will commence and you must comply with all the conditions of the order.
29 If you commit any offences during the 21 month period of the order, you will breach the order and you will come back before me. If you do not comply with any of the conditions of the order, you will breach the order, you will come back to court and I will deal with you again.
30 You did well on the CISP program for a couple of months but that was not anywhere near long enough, so 21 months is a long time. You have written to me and you have told me that you want to change your life and you want to do the right thing. I will keep that letter because if you come back before me I will deal with you accordingly. You have said to me you want a change - you are going to be given a chance to be supported within the community, you want to make the most of it.
31 Is that all clear?
32 PRISONER: Yes.
33 HIS HONOUR: Thank you.
34 Thank you, Mr Sheen, and thank you, Ms Parkes.
35 MS PARKES: Thanks, Your Honour.
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