Director of Public Prosecutions v Jeppesen
[2018] VCC 777
•31 May 2018
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
Case No. CR-18-00061
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| SCOTT JEPPESEN |
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JUDGE: | HER HONOUR JUDGE FOX | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 24 May 2018 | |
DATE OF SENTENCE: | 31 May 2018 | |
CASE MAY BE CITED AS: | DPP v Jeppesen | |
MEDIUM NEUTRAL CITATION: | [2018] VCC 777 | |
REASONS FOR SENTENCE
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Subject: Criminal Law
Catchwords: Sentence – Attempted armed robbery – offence committed
over 10 years ago – delay – mental health – suspended sentence available – prosecution concession that wholly suspended sentence
within range
Legislation Cited: Sentencing Act 1991
Cases Cited:
Sentence: Wholly suspended sentence
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Ms E Tueno | Solicitor for the Director of Public Prosecutions |
| For the Accused | Mr C Pearson | Emma Turnbull Lawyers |
HER HONOUR:
1 Scott Jeppesen, you have pleaded guilty to one charge of attempted armed robbery. The offence occurred on 22 July 2007. At the time you were 25 years old and had no prior convictions. The maximum available penalty is 20 years imprisonment.
2 A detailed prosecution opening was tendered and marked Exhibit A. I will limit my remarks here to a summary.
3 On 22 July 2007, at approximately 7.10pm, you entered a milk bar in Parkdale. The victim was in the residence behind the shop. She heard the bell ring and went to the shopfront, followed by her six year old son. Her husband remained in the residence.
4 You went to the fridge, selected a carton of milk and walked to the counter. At this point, you pulled down a beanie you were wearing over your face, turning it into a balaclava. You pulled a kitchen knife from your pocket and came around the counter.
5 The victim backed away and threw papers and a book at you. She asked what you wanted and you said you just wanted money. The victim continued to back away and you followed. When you reached the cash register, you stopped and tried to open it. At this point the victim ran out of the shop and called to a passer-by for help. You exited the shop with the knife still in your hand, removed the balaclava and ran off. Three passers-by pursued you, but lost sight of you.
6 Police attended shortly thereafter. You had been unable to open the cash register and no money was taken. During the incident, the victim had noticed that your right hand was bleeding, and that you had left blood on two of the milk cartons. Swabs of the blood on both cartons were taken by police.
7 In September 2016, a sample taken from one milk carton was compared with a forensic sample provided by you. The result provided overwhelming support for the proposition that you were the source of the blood sample taken from the milk carton.
8 On 4 April 2017, you attended the South Melbourne Police Station for an interview by appointment. During that interview, you agreed that you had lived in the Parkdale area for a couple of years. You said that during that time you were involved in heavy drug use, heavy medication and had been linked in with health care professionals. Your recollection of that time, you said, was pretty much gone. You denied being at the milk bar, but admitted you suffered from a big gap in your memory throughout your time in Parkdale. You agreed you had been medicated for borderline personality disorder. You agreed that it was possible that with the side effects of your medication, you may have been involved in the incident, but not recall it. You said there were things you did, but could not recall during this period.
9 You were charged with this offence on 14 September 2017. The matter resolved fairly quickly to a plea of guilty prior to a contested committal. I accept that you pleaded guilty at the earliest reasonable opportunity. I also accept that your plea of guilty is indicative of some remorse, shows an acceptance of your responsibility for your offending and has utilitarian value.
10 The victim in this matter was located, but declined to make a Victim Impact Statement. It is unknown if she and her husband still run the same milk bar.
11 At the time of the offence, you had no prior convictions. You do have a number of subsequent matters, albeit they have all been dealt with in the Magistrates’ Court. You have never been required to serve an actual term of imprisonment. Your subsequent criminal history was tendered by the prosecution and marked Exhibit B on the plea.
12 I turn now to your personal circumstances.
13 A report of forensic psychologist, Ian Mackinnon, dated 17 May 2018, was tendered on your behalf. Mr Mackinnon notes that you were born and raised in Melbourne. Your father committed suicide approximately eight years ago. Your mother is alive and resides in Geelong, but you have had no contact with her for the last five years. You have one sister, Jennifer, who you speak to, but you are not particularly close. Your sister was sexually abused by your father when she was young. The matter went to court and your father was convicted, but not gaoled. At the time, you were too young to understand what was occurring, but you felt left out and unsupported.
14 You attended Cranbourne North Primary School and Forest Hill Secondary College where, despite a difficult home life, you completed VCE. You were particularly good at athletics, notably running and hurdles. At one point, you held the third best time in Australia for the 110 metres hurdles and had hopes of competing in the 2000 Olympics. However, you did not qualify and your life took a significant downward turn.
15 You started using illicit drugs, initially cannabis, and later experimented with amphetamines, ecstasy, LSD, GHB, ice, cocaine and heroin. You were addicted to heroin on and off for a number of years. Your worst years were from 2006 to 2010, marked by periods of homelessness, significant drug use and struggles with your mental health.
16 You were diagnosed with borderline personality disorder at the age of 23 and with the assistance of the Salvation Army, you applied for and were granted a disability support pension. You remain in receipt of that pension. You have been prescribed various psychotropic medicines throughout your adulthood, including anti-psychotics, antidepressants, Benzodiazepines, sedatives and others. At times you have suffered suicidal ideation and you have been hospitalised at times as a result of your mental health deteriorating.
17 You are now aged 36 years and your life is currently relatively stable. You have a girlfriend, Bianca, who attended court with you and you have been together for six months. You have stable accommodation in South Melbourne public housing. You are psychologically well and you have a good relationship with your general practitioner and mental health practitioners. I am told you are not using illicit drugs. You try not to use prescription drugs, but occasionally you are prescribed Seroquel and you accept that you need to take that medication when it is prescribed.
18 Your counsel relied on delay as a mitigating factor. Your counsel accepted that you cannot benefit from delay, but it is relevant to your prospects of rehabilitation and also the rehabilitation you have achieved in the intervening years since this offence was committed.
19 Your counsel pointed to a delay between your interview on 4 April 2017 and the laying of charges on 14 September 2017. In my view, that delay, if in fact it is delay, is wholly unremarkable.
20 The offence itself occurred over a decade ago. During the first half of the intervening ten years, you appeared before the Magistrates’ Court on a number of occasions. Offences included burglary, theft, obtaining property by deception, possession of drugs, possession of a pocket knife and driving offences. You received a range of dispositions and a number of chances, including a community-based order and wholly suspended sentences.
21 More recently, your life has improved. You were referred to the Melbourne Magistrates’ Court ARC list in February 2015, due to your mental and physical health and substance use. It seems this was somewhat of a turning point. You made significant progress through your involvement with the ARC list. I was provided with a final report, undated but logically written around May 2016, that speaks positively of your engagement and progress.
22 On 26 May 2016, you were placed on a nine month Community Correction Order. You have not offended since. You did contravene the Community Correction Order by failing to complete 40 hours of unpaid work, however the 40 hours was reimposed and you subsequently successfully completed the Community Correction Order. You currently have no outstanding charges.
23 Your counsel submitted a wholly suspended sentence was within range. Alternatively, he submitted, a partially suspended sentence is available, or a combined term of imprisonment together with a Community Correction Order.
24 The prosecution submitted that this was a serious offence with a weapon and would have been frightening for the victim and her family. I accept that submission. The victim was in the milk bar with her small son, making her very vulnerable to this type of offending and a “soft target”. General deterrence, denunciation and just punishment are all relevant sentencing considerations. In particular, general deterrence has real relevance here. Given your subsequent criminal history, specific deterrence also has a role to play in sentencing you.
25 The prosecution further submitted that a term of imprisonment is warranted but a wholly suspended sentence is within range. The prosecution very fairly observed that you have had a number of mental health difficulties, however you are currently reasonably stable, and a term of imprisonment could prove counterproductive in your case.
26 In all the circumstances, I will impose a term of imprisonment, but wholly suspend that period of imprisonment. Pursuant to s.27(4) of the Sentencing Act 1991, as it then was, I am required to explain to you what that means. The purpose of a wholly suspended sentence is to allow you to remain at liberty in the community and continue your rehabilitation. So you are not going to gaol today. If, however, you commit an offence in or out of Victoria, during the period of suspension, you will be charged not only with the new offence, but with breaching the suspended sentence that I am about to impose. This means you will be brought back before me, and unless there are shown to be exceptional circumstances that have arisen since you were sentenced today, you will be required to serve the entire period of imprisonment.
27 The formal order of the court is as follows:
28 On the single charge of attempted armed robbery, you are convicted and sentenced to fifteen months imprisonment. I direct that such sentence of imprisonment be wholly suspended for a period of two years.
29 Pursuant to s.6AAA, I declare that but for your plea of guilty in this matter, the sentence I would have imposed is a sentence of three years, three months imprisonment with a non-parole period of two years. Thank you Mr Jeppesen, you can have a seat. Is there anything further that is required?
30 MS TUENO: No, Your Honour.
31 HER HONOUR: Thank you. I will stand down till 10.30.
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