Director of Public Prosecutions v Jamieson
[2014] VCC 1016
•27 June 2014
| IN THE COUNTY COURT OF VICTORIA | Revised Not Restricted Suitable for Publication |
AT BENDIGO
CRIMINAL JURISDICTION
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| ROSE JAMIESON |
---
| JUDGE: | HIS HONOUR JUDGE LACAVA |
| WHERE HELD: | Bendigo |
| DATE OF HEARING: | |
| DATE OF SENTENCE: | 27 June 2014 |
| CASE MAY BE CITED AS: | DPP v Jamieson |
| MEDIUM NEUTRAL CITATION: | [2014] VCC 1016 |
REASONS FOR SENTENCE
---Subject: Multiple theft from Department of Human Services.
Legislation Cited:
Cases Cited:
Sentence: 2 and a half years, N.P. 15.---
APPEARANCES: | Counsel | Solicitors |
| For the Director of Public Prosecutions | Mr P. Jones | |
| For the Accused | Mr S. Gillespie-Jones |
HIS HONOUR:
1Rose Jamieson, you have pleaded guilty to four (4) rolled-up charges of attempted theft (Charges 1, 3, 5 and 7) and four rolled-up charges of theft (charges 2, 4, 6 and 8).
2You also pleaded guilty to one summary charge and consented to that charge being dealt with in this court. That was a charge of dealing with property suspected of being the proceeds of crime.
3The maximum penalty for attempted theft is five years' imprisonment. The maximum penalty for theft is ten years' imprisonment. The maximum penalty for dealing with property suspected of being the proceeds of crime is two (2) years' imprisonment.
4Although Charges 4, 6 and 8 are for theft of amounts exceeding $50,000, none of the amounts in the individual charges rolled into them are for amounts of $50,000 or more, and so these charges are not to be regarded as constituting a Continuous Criminal Enterprise offence.
5The circumstances of your offending are summarised in a Summary of Prosecution Opening, which was tendered on the plea and marked as Exhibit A. This is a lengthy document and it was summarised in open court by the learned prosecutor Mr Jones. Your counsel, Mr Gillespie-Jones, accepted that the summary was accurate and formed a proper basis upon which I can proceed to sentence you. It is not necessary that I here repeat what is there set out in detail except in a summary way. These sentencing remarks, however, should be read in conjunction with the summary of facts.
6Between 22 December 2010 (the commencement of your offending) and 15th September 2012, you were employed in an administrative support role by the Department of Human Services in the Health, Housing and Aged Care section of that government department.
7In December 2010 and January 2011, there was significant flooding experienced in northern Victoria. As a result a great number of Victorians suffered loss and hardship in many ways. In order to assist, the Victorian Government set up a scheme to provide financial assistance to those citizens requiring emergency flood relief. To this end, the government made available to those in need debit cards in various denominations to enable recipients to access money from automatic teller machines after keying in a PIN number, which was also provided with each card.
8The office where you worked was charged with distributing the cards and PIN numbers to recipients in need of help. The cards and PIN numbers were stored in a safe in a secure room. Between December 2010 and April 2011, you were seconded to the Regional Emergency Operating centre of DHS where you worked closely with grants officers by assembling provision packs which included the debit cards. There you stole 356 debit cards and the PIN numbers and accessed the funds credited to those cards on at least 364 occasions. This conduct is the subject of the rolled-up theft charges. The number of occasions that you stole money and the amounts you stole are set out in the schedules referred to in the theft charges attached to the indictment.
9On 30 other occasions you used stolen debit cards but were unable to get money from the ATMs. This conduct is the subject of the rolled-up charges of attempted theft.
10By this means you stole $318,790 of public money allocated by the government for those most in need. Your offending is self-evidently a blatant and gross breach of the trust placed in you as a government employee. Your offending was persistent and repetitive and extended over a period of 18 months.
11Officers in the department where you worked noticed that a large number of debit cards were missing. The police were advised and investigations revealed that the cards were mostly used at banks in Bendigo. Closed-circuit television footage from those banks showed you using the cards. You were arrested and charged.
12Your salary had been paid into an account at BankMECU. A check of that account showed that, in addition to your salary, cash deposits totalling $219,950 were also made. Of this money, some $175,750 was electronically transferred to another account which you operated at the National Bank.
13You were arrested on 8 November 2012 at your workplace. A search found two of the debit cards which you had attempted to use in your purse. A further search of your home found another 123 debit cards either with or without the PIN number document and a further 90 PIN documents without the debit cards.
14You assisted police in identifying items that you had purchased using funds stolen, which included clothing and other lifestyle items. Money was also spent on travel. The items described in the summary charge were purchased with stolen money.
15As can be seen, your offending did not involve a one-off incident but regular and repeat offending over a long period. You deposited much of the stolen money into your bank account and then moved some of it. There was some organisation involved and you clearly knew what you were doing at every step.
16When arrested you generally cooperated with the police, although you did not tell them what you had done with all of the stolen money or how you had purchased some items. You did tell them you had spent $10,000 to $15,000 on friends and/or family for what you described as "materialistic things". When asked by others how you could afford things you apparently told them falsely you had gained a large inheritance from your grandmother. That was an exaggeration of the fact.
17You have pleaded guilty to the charges and indicated that you would do so at committal mention. I treat you as having indicated you would plead guilty at the earliest possible opportunity. For that you are entitled to a lesser sentence than would be the case had you fallen for sentence after trial before a jury. By your pleas, you have saved the time and costs of a trial. In this case it would likely have been a lengthy and costly trial because of the number of individual charges. The rolled-up charges are by negotiation with the prosecution. I also take your pleas of guilty as signifying genuine remorse on your part for your criminal acts of dishonesty. All these matters are to your credit and I have taken them into account in arriving at an appropriate sentence.
18You have no prior convictions and have never been to jail.
19You were born on 18 September 1985 and so you are approaching your 29th birthday. You were educated at Spring Gully Primary School and Bendigo Senior Secondary College, where you satisfactorily completed year 12. You commenced but did not complete a TAFE course.
20You suffer from fibromyalgia as well as low-back pain. I received into evidence a brief report from Dr King, general practitioner, which attaches a radiological report of an MRI conducted in February 2013. It shows you have a lumbar disc protrusion at L4-5 level, contacting the L5 root but no significant impingement. You also have disc degeneration at L3-4 and L5-S1 without evidence of significant neural impingement. Those conditions should be properly manageable with medication.
21I heard from a number of persons who gave evidence on your behalf. Ass Prof Amanda Kenny, a nurse and mid-wife, has known you all her life. She told me, and I accept, you have had a difficult life since your father suicided when you were a small girl. In consequence she told me, and I accept, you have been very dependent on your mother and you suffered anxiety when separated from her right up until you were 17 or 18 years of age. She said, and I accept, you have suffered from not having a father in your life.
22I was told, and accept, there is a history of bipolar disorder in your family. I will discuss your mental state a little later, but there is no clear medical opinion you suffer from bipolar affective disorder.
23Ms Kenny introduced you to a receptionist-administrative job at La Trobe University. She told me, and I accept, you are a good worker and you were popular and said you are a caring person. She said she regarded your offending as being quite out of character. Ms Kenny said, and I accept, you struggled for friends and you tried to make people like you. She described you as a very social person who needs to be the centre of attention. She also said that about seven years ago you seemed to withdraw from close family and friends.
24Mr David Wright told me of your work on a voluntary basis, since your arrest and charging, for the Bendigo Volunteer Resource Centre. You work a couple of days per week as a PA for the manager. He described you as a "can-do person whose contribution has been invaluable".
25Irene Comer is your aunt, who has known you all her life. She told me you began consulting a psychiatrist for depression in 2007. You received counselling and medication. She said you were lovely to be around and possess a generous spirit. She said as a child your emotions were never far from the surface and when you were a teenager she sensed that you were not all that happy. She said that since you have been charged with these offences, you have been open and honest and prepared to talk about what you have done.
26Kate Simpson (Exhibit 5) and Heidi Addlem (Exhibit 6) both gave evidence as to your character and in accordance with the written references they provided. They also gave evidence about your value to the community in which you live. I accept that evidence.
27Eve Curtis, a social worker who counsels you, also gave evidence. When you were charged there was a time when it was necessary to call a CAT team because of your psychological reaction to having been charged. At a later point the CAT team referred you to Ms Curtis and she has been seeing you on and off for the last 18 months. She has been assisting you through the court process. She described you as doing well and you have been honest with yourself in recognising the wrong in your offending. This is the ongoing "therapeutic relationship" later referred to by Dr Walton.
28The thrust of the submissions made by Mr Gillespie-Jones on your behalf centred on your mental state both now and at the time of your offending.
29I accepted into evidence the psychiatric report from Dr Lester Walton that I admitted into evidence as Exhibit 2 and he gave evidence via video link. He saw you on one occasion only for the purpose of his report in October 2013. He described you as suffering from a history of "chronic mixed anxiety-depressive disorder". He said:
"In addition, there is an adverse interaction between obesity and fibromyalgia and mood disturbance, the physical and mental conditions each tending to aggravate and perpetuate the other."
30In his report Dr Walton went on to say:
"Ms Jamieson is an example of the commonly recognised phenomenon of an adult female engaging in out-of-character dishonesty offending, which is intimately connected to mood disturbance. Classically this takes the form of shoplifting of unwanted or unnecessary items. Ms Jamieson’s conduct, in my opinion, represents a variant of that theme. It is probable that there was a significant component of acquisition of material possessions in a vain attempt to offset dysphoria. Thus it is my view that there are relevant psychiatric factors which were in operation rather than more conventional criminal motivation."
31Dr Walton went on to refer to the fact, which I shall refer to in a moment that you had in 2007 received psychiatric treatment which you found beneficial, but you ceased your treatment. He opined that your condition is treatable and then went on to say:
"As stated above, I do see this woman's psychiatric illness as making a centrally relevant contribution to her misconduct. It is very well recognised that depressed individuals may fail to exercise consistently responsible social judgment and there was an air of desperation about Ms Jamieson’s foolhardy acquisition of material goods in a vain attempt to offset anxiety and depression. It is far from unique but any person suffering from significant mood disturbance will endure incarceration as more onerous than others. The type of extended counselling which Ms Jamieson requires is not readily available in a custodial context and it would be unfortunate if the current therapeutic relationship is disrupted. Mood stabilising medication certainly can be supplied in prison. At least from a clinical perspective, actual imprisonment would not be required to achieve sufficient specific deterrence."
32Dr Walton gave evidence which generally supported what he had written.
33You do have a history of treatment for mental illness. I received into evidence medical notes from your general practitioner, Dr Chan (Exhibit 3). In November 2006 he saw you with your mother. He was told then that you had been stealing money from the family and over-spending. He noted you were impulsive around money and had "previous credit card difficulties over the limit". He diagnosed you at that time as suffering "hypomania around depression-anxiety". He prescribed Effexor antidepressant medication as well as Epilim and Stilnox to assist with sleep. He also referred you to psychiatrist Dr Erinhana Ryan.
34Dr Ryan then saw you on a number of occasions over a seven-week period from late February 2007 to April 2007 (Exhibit 1). Dr Ryan prescribed valproate. She thought you suffered from Borderline Personality Disorder. She was not convinced you were bipolar. After seven weeks on valproate you settled and Dr Ryan thought there was no need for you to further attend. Her letter to Dr Chan, which is part of Exhibit 1, indicates he gave you a referral then to Eve Curtis whom, as I said, you have consulted since being charged. She did this "if she does find she is struggling with interpersonal relationships".
35This is generally the prior treatment Dr Walton refers to. You saw Dr Chan, according to his notes, on 7 June 2007 about other health matters at which time he noted "work and home life normal".
36A letter from a psychologist Christine Maltby (Exhibit 4) indicates she counselled you between November 2004 and December 2005. You saw her on 21 occasions, but she has now destroyed her records and cannot give details as to why she counselled you.
37The evidence thus shows that as far back as 2004 you have probably suffered from depression. In late 2006 and 2007, you were stealing from your family and having difficulty with your credit card. You were then successfully treated and you would have been vary aware of your need to control your feelings by treatment. There is no history of any treatment for depression after April 2007 until after your arrest. You presently see Eve Curtis, a social worker, for counselling.
38I accept Dr Walton’s opinion that you suffer from a mixed anxiety-depressive disorder. I also accept that this can be treated by mood-stabilising medication and counselling. I accept his opinion that because you suffer from a mixed anxiety-depressive disorder, any time in prison will be difficult for you and more difficult than for others.
39I do not accept, however, that your condition materially contributed to your offending. As I said earlier, this was not one-off offending. The rolled-up theft charges reflect you offended hundreds of times. This offending cannot be compared to shoplifting. It is far more serious and organised and repetitive. The offending occurred in the context of your employment, and your depression did not prevent you from holding down a good job in which you held a position of trust. Your offending at the start may have been in part contributed to by your depression, but I cannot accept you did not realise that what you were doing was wrong and utterly dishonest. Your moral culpability may have been slightly diminished because of depression at the time you commenced offending, but when looked at over the 18 month period of offending your moral culpability must be regarded as high.
40I have moderated the sentence that I will shortly pass, because you suffer from a mixed anxiety-depressive disorder. I do so because your condition may have influenced your offending in a very limited way and because you will require ongoing treatment in prison and, because of that, your time in prison would be more burdensome than for others.
41Mr Gillespie-Jones, in acknowledging that all sentencing options were open to me, nevertheless asked that I not send you to prison but instead impose a Community Corrections Order with condition for community work and treatment over a lengthy period. He submitted that in this case such a disposition would adequately reflect application of the principles of general deterrence and serve to denounce your offending. He added it will give you the best prospect for treatment and the community would benefit because such a disposition would give the best chance for your full rehabilitation.
42Your offending was opportunistic and I think unlikely to occur again. I think you have good prospects for rehabilitation, especially because you have identified your problems and you have support of a good family and good friends. And I accept that you are remorseful.
43But your offending is far too serious for a disposition other than a term of imprisonment. Yours was a blatant and gross breach of trust and there is a need to send a clear message to those who are minded to offend in this way that if they do so they will go to prison. I have given serious thought to making a Community Corrections Order and I had you assessed as suitable for such an order, but in the end in my judgment I have no real alternative here other than to send you to prison. The making of a lengthy Community Corrections Order would not, in my view, properly serve to denounce you offending conduct.
44On each of the charges you are sentenced to an aggregate sentence of two and a half years' imprisonment.
45I fix a minimum term of 15 months before you are to be eligible for release on parole.
46I declare there has been no pre-sentence detention.
47For the purposes of s. 6AAA of the Sentencing Act 1991 I state that had it not been for your pleas of guilty to the charges I would have imposed a term of imprisonment of four and a half years and I would have fixed a minimum term of three years' imprisonment before you were eligible for release on parole.
48The State of Victoria seeks a compensation order and that is consented to and I have made a compensation order by consent in the terms of the minutes signed by the parties.
49Are there any questions arising out of that, Mr Jones?
50MR JONES: No, Your Honour.
51HIS HONOUR: Mr Gillespie-Jones?
52MR GILLESPIE-JONES: No, Your Honour.
53HIS HONOUR: Well, remove Ms Jamieson, please. Would you adjourn the court.
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