Director of Public Prosecutions v Jacques-Briggs

[2019] VCC 1055

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR-19-00344

DIRECTOR OF PUBLIC PROSECUTIONS

v

JASON JACQUES-BRIGGS

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JUDGE:	HIS HONOUR JUDGE LACAVA
WHERE HELD:	Melbourne
DATE OF HEARING:	10 July 2019
DATE OF SENTENCE:	10 July 2019
CASE MAY BE CITED AS:	DPP v JACQUES-BRIGGS
MEDIUM NEUTRAL CITATION:	[2019] VCC 1055

REASONS FOR SENTENCE
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Subject:  Attempted robbery.
Sentence:  8 months imprisonment.  2 years Community Corrections Order.

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APPEARANCES:	Counsel	Solicitors
For the Crown	Mr P. Teo
For the Accused	Ms J. Swiney

HIS HONOUR

1Jason Jacques-Briggs you have pleaded guilty to one charge of attempted robbery.  The maximum penalty for this offence is imprisonment for 10 years.

2At the time that you pleaded guilty at you also pleaded guilty to a related summary offence of driving whilst disqualified, and you consented to having this matter dealt with by me in this court.  In the circumstances of your offending the maximum penalty for this summary charge is 240 penalty units or two years imprisonment.

3The circumstances of your offending are contained in a written prosecution opening dated 3 July 2019.  Your counsel Ms Swiney accepted that the prosecution opening was accurate and forms a proper basis of fact upon which I can proceed to pass sentence upon you.

4The prosecutor, Mr Teo read the prosecution opening in open court and in these circumstances it is not necessary that I refer to the factual matrix except an abbreviated way.

5You were born on 18 December 1996.

6On 20 May 2018, aged 21, you went with one Khaled Asaad who was much older than you, to the Ardeer Convenience Store at about 4 PM in the afternoon. You travelled there in a vehicle which was easily traceable to your co-offender Assad.  Both you and Assad went into the store where you demanded that the owner open the cash register.  When he refused Asaad fired a Ruger . 22 calibre semiautomatic handgun into the floor.  Soon after, when Asaad used the gun to strike the cash register it accidentally fired.

7Both you and Asaad went to the store to rob it. Assad pleaded guilty to armed robbery and other offences and I have dealt with him separately, he having pleaded guilty earlier this year.  His offending was more serious than was yours.

8You contested the charge of armed robbery and went to committal where the issue was identification, and whether or not the prosecution could prove beyond reasonable doubt that you had knowledge that Assad carried a firearm.

9When you were arrested you made admissions to the police and this plea proceeds on the basis that you did not know that Assad was armed with a firearm.  The prosecution accepts that to be the position.

10Nevertheless, because you went with Assad to rob the store you prepared yourself by disguising your identity with a black mask and sunglasses and the identity of the vehicle you went to the store in was altered with stolen numberplates.  There was thus a certain amount of planning that went into the robbery even though I accept that you did not know that Assad was armed.  The robbery was no spur of the moment decision.  The robbery was in fact thwarted because the till would not open.  However as the robbery unfolded you found yourself a participant in what must have been a terrifying experience for the proprietor of the convenience store.  No victim impact statement was relied upon.

11You were soon after connected to the robbery and there was evidence that you were driving the vehicle on 23 July 2018.  There was also evidence of phone contact between you and Assad on the afternoon of the offending.

12This is clearly a serious example of what is a serious offence. It matters little that you were unsuccessful in your robbery.  The offence which carries a maximum sentence of 10 years imprisonment is for an attempt to rob.  This reflects how seriously the parliament regards this kind of offending which is prevalent and frankly the public is sick and tired of this kind of offending.

13You were at arrested whilst driving a vehicle whilst disqualified on the
7 August 2018. This constitutes the summary Charge.

14You have admitted a number of prior convictions.  You were first dealt with in the Children’s Court on 17 May 2013, aged 17.  That appearance related to offences of violence and causing injury and possession of a weapon.  You were dealt with leniently with the Children’s Court making a youth supervision order for a period of 12 months.

15Your next appearance was also in the Children’s Court on 13 September 2016. That related to an assault on the protective services officer and street offences. Again you received a lenient sentence and you were fined without conviction.

16Less than a year later you appeared for the first time in an adult court in June 2017.  This was a consolidated hearing where you were dealt with for recklessly causing injury, driving offences and drug offences.  Again you were dealt with leniently and received a Community Corrections Order in combination with a term of imprisonment of 31 days time served.  The Community Corrections Order was for a period of 18 months and you were subject to that Community Corrections Order when the offending for which I must sentence you occurred. That is an aggravating factor.

17Whilst on bail for this offending I was told that you have been dealt with for other offending in the form of unlawful assault and affray and there is also other offending which preceded this offending but which was dealt with subsequently. Those matters were dealt with in the Magistrates’ Court on 14 February of this year and you have served a sentence for those matters and you have been in jail on remand for these matters.  There is 53 days presentence detention for the maths which I must now sentence you.

18Your counsel filed a helpful outline of argument.  She relies on the fact that you pleaded guilty to the charges and I accept and treat you as having pleaded guilty at the earliest available opportunity.  For that you are entitled to a reduction in sentence and this will be reflected in the sentence that I will shortly pass. By your pleas of guilty you have saved the time and cost of a trial and you have acknowledged responsibility for your offending and you have advanced the administration of justice. All of that is to your credit.

19You were raised in Laverton and attended local schools to year 11 level.  You have a close and supportive relationship with your mother and you live with her and your partner who is expecting your child in about one month’s time.  Your parents separated but they were both in court to support you today as was your uncle and some of your friends. I conclude that you have good family support.

20You have been working for Mr David Baldwin for over a year and a half and you have good employment prospects.  Mr Baldwin gave impressive evidence on your behalf, so much so that I was persuaded to pass a combination sentence which I shall shortly come to.

21I also received into evidence a letter from your partner who speaks highly of you. Whilst in custody you have completed a number of courses and you appear to have used your time well.  Your offending seems to be explained by your daily cannabis use and the fact that you drink alcohol to excess. Those factors only explain your offending, they do not excuse it.

22I had you assessed as to suitability for a further Community Corrections Order and when interviewed you told the interviewer that your offending occurred in a setting where you were using cannabis daily and drinking excessively.

23Your counsel argued that because you are a youthful offender that I should pass a sentence which is a combination of a term of imprisonment and a further community corrections order.  The prosecution agreed that such a sentence was within range.  One matter that has troubled me about this disposition is the fact that you have been given chances before and breach the Community Corrections Orders.  However, I have been persuaded by the evidence of Mr Baldwin and by your obvious family support and by the fact that you are still so young there are prospects, albeit very guarded, that you can achieve rehabilitation.  Whether or not you do is entirely up to you.

24In sentencing for crimes of this kind court must impose a sentence that sends a clear message to those who would seek to offend as you have that if they do so they will receive stern punishment.  The sentenced must also serve to denounce your offending and in your case the sentence must reflect an element of specific deterrence.  In my view all of the purposes of sentencing in this case can be achieved by the making of a combination sentence being a term of imprisonment of less than 12 months, and upon release a community corrections order with conditions.

25On the charge of robbery, you are convicted and sentenced to a term of imprisonment of eight months.  In addition, I make a community corrections order with conviction for a period of two years to commence on the day of your release from prison.

26There will be conditions that you undergo treatment and rehabilitation programs for both drug and alcohol use, and that you undergo supervision from the community corrections officer.  There will also be a condition that you undergo judicial monitoring by me every six months.

27On the Charge of driving whilst qualified you are convicted and sentenced to imprisonment of one month which will be served currently with the sentence I have imposed on the Charge of robbery making a total effective term of imprisonment of eight months.

28I declare that there has been 53 days presentence detention under the sentences passed this day, and I directed 53 days be reckoned as time already served, be entered into the records of court and be deducted administratively.

29I’ve been asked to make a number of ancillary orders being disposable orders which were not opposed and I’ve signed them.  I have also been asked to make a forensic sample order which, for the reasons stated in the order, I have signed which means that whilst in prison you may be approached by a member of police force and asked to furnish a forensic sample from your body and if you refuse the member of the police force may use reasonable force to obtain the sample.

30For the purposes of section 6AAA of the act 1991 I state that had it not been for your pleas of guilty to charges I would have imposed a total effective sentence of three years imprisonment and I would have fixed minimum term two years imprisonment before which you would be eligible for parole.

31Mr Briggs, before I can make a Community Corrections Order you must agree to enter into it. Has that been explained to you?

32ACCUSED:  Yes

33HIS HONOUR:  Do you agree to enter into such an order?

34ACCUSED:  Yes

35HIS HONOUR:  Do you understand the conditions?

36ACCUSED:  Yes

37HIS HONOUR:  The essential condition is firstly that you must comply with all the terms of the order and secondly you must not during the term of the order that is for two years after your release from prison commit any offence punishable by a term of imprisonment.  Do you understand that?

38ACCUSED:  Yes

39HIS HONOUR:  There is also an order that I will monitor your progress which means that I will get a report every six months.  And you will have to come back and see me every six months. Now if you are under any disillusion today if you are confused in any way don’t enter into the terms of the Community Corrections Order.  Do I make myself clear?

40ACCUSED:  Yes.

41HIS HONOUR:  Because if you come back before me and if I find that you have reoffended and that you have blown the chance that I have given you, you will go back to jail.  Do you understand. Do you understand that clearly?

42ACCUSED:  Yes.

43HIS HONOUR:  Do you want to enter into the terms of the
Community Corrections Order?

44ACCUSED:  Yes.

45HIS HONOUR:  Very well.  Could you approach your client

46MS SWINEY:  Yes Your Honour

47HIS HONOUR:  My associate will just work out a date for the first Judicial monitoring.

48MS SWINEY:  Yes, Your Honour.

49MR TEO:  Your Honour can I just raise two matters while you Honour’s Associate is doing that.  The first is that when you Honour was pronouncing sentence, your Honour said that on the Charge of robbery, sorry that was a slip of the tongue I believe the Charge was attempted robbery.

50HIS HONOUR:  Attempted robbery it is.

51MR TEO:  The second matter was in relation to the second sense of the offending and wont effect the sentence but You Honour indicated that he was seen driving the vehicle.  He was seen driving a different vehicle with the same plates.

52HIS HONOUR:  Plates, I see.  I will amend the sentence accordingly .

53MR TEO: Thank you Your Honour.  Apologies Your Honour he was detected driving a vehicle with the same plates prior to the offending.  So that’s how he was linked to the number plates.

54HIS HONOUR:  Now Mr Briggs you will have noted that I have not made an order in the Community Corrections Order that you undertake any unpaid community work upon your release.  That is because I regard the term of imprisonment imposed as appropriate punitive punishment.  But I have also done it because I want to give you a clear run when you are released from prison at the counselling services and the various programmes that you will be asked to undertake to straighten out your life.  Do you understand?  So that there are no excuses.  So I repeat again if you come back before me or if I get an unsatisfactory report as to your progress on the Community Corrections Order you can expect to be dealt with.  Do you understand?  And the order will commence of the day that you are released from prison and you will have to report to Community Corrections.  Is is at Werribee?   I think it is at Werribee, within 48 hours hours.  Do you understand that?

55ACCUSED:  Yes.

56HIS HONOUR:  Very well.  Will you remove Mr Briggs, please.

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