Director of Public Prosecutions v Keil

[2015] VCC 1688

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR-15-00867

DIRECTOR OF PUBLIC PROSECUTIONS

v

DAMIEN KEIL

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JUDGE:	HIS HONOUR JUDGE DEAN
WHERE HELD:	Melbourne
DATE OF HEARING:	17 September 2015 and 20 November 2015
DATE OF SENTENCE:	23 November 2015
CASE MAY BE CITED AS:	DPP v KEIL
MEDIUM NEUTRAL CITATION:	[2015] VCC 1688

REASONS FOR SENTENCE
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Subject:
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Cases Cited:
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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr P Bourke	Office of Public Prosecutions
For the Offender	Mr R Thyssen	H.B.H. Legal

HIS HONOUR: 

1Damien Marcus Keil.  You have pleaded guilty to the following charges. 

2(i) Ten counts of theft contrary to s.74(1) of the Crimes Act 1958. The maximum penalty for that offence is ten years' imprisonment.

3(ii) Five counts of burglary contrary to s.76(1) of the Crimes Act 1958. The maximum penalty for that offence is ten years' imprisonment.

4(iii) Five counts of obtaining property by deception contrary to s.81(1) of the Crimes Act 1958. The maximum penalty for that offence is ten years' imprisonment.

5(iv) Four counts of armed robbery contrary to s.75A(1) of the Crimes Act 1958. The maximum penalty for that offence is 25 years' imprisonment.

6(v) Two counts of criminal damage contrary to s.197(1) of the Crimes Act 1958. The maximum penalty for that offence is ten years' imprisonment.

7(vi) One count of reckless conduct endangering persons contrary to s.23 of the Crimes Act 1958. The maximum penalty for that offence is five years' imprisonment.

8You have also pleaded guilty to the following related summary offences –

9(i) One count of failing to stop when directed by police to do so.  The maximum penalty for that offence is a fine of 60 penalty units or six months' imprisonment or both. 

10(ii) One count of unlawfully entering premises.  The maximum penalty for that offence is a fine of 25 penalty units or six months' imprisonment or both. 

11(iii) One count of committing an indictable offence whilst on bail.  The maximum penalty of that offence is a fine of 30 penalty units or imprisonment for three months or both. 

12(iv) Failing to answer bail.  The maximum penalty for that offence is 12 months' imprisonment. 

13You have admitted an extensive criminal history comprising numerous appearances in the Children's Court at Portland in relation to a range of offences including burglary, theft, criminal damage and driving in a manner dangerous. 

14After initially failing to appear in relation to a number of the charges before the court and being arrested and remanded in custody, you pleaded guilty to these charges at committal mention.  I have taken your early plea into account in your favour in mitigation of sentence. 

15A prosecution opening was read to the court and tendered in evidence, and your offending may be summarised as follows –

16On 28 November 2012, you stole a motor vehicle in Warrnambool and it was used in the commission of two armed robberies in North Geelong.  You were in company with a co-offender, Lachlan Mitchell.  You then drove with Mitchell and another offender to Lara where another armed robbery was committed. 

17On 30 December 2012, you stole another vehicle which was then driven by you and Mitchell to Hoppers Crossing where a further armed robbery was committed. 

18On 9 and 10 August 2014, you and two co-offenders, Wood and Doueal, committed a series of thefts and burglaries in Mortlake, Warrnambool and Port Fairy.  A vehicle stolen by you was also extensively damaged. 

19On 9 September 2014, you stole fuel from a general store in Yambuk.  The store owner reported the theft to police who, a short time later, observed the vehicle you were travelling in.  Police attempted to intercept the vehicle, and when it failed to stop, a pursuit involving speeds of up to 164 km/h took place.  The pursuit was terminated due to danger to members of the public.  The vehicle was abandoned and identification of yours was located in it. 

20Following this, you committed a further burglary and theft and you used a lost Bankmecu PayWave card to purchase clothes, cigarettes and a mobile phone.  At the time of the offences committed by you in relation to the PayWave card, you were on bail for burglary.  On 16 September 2014, you failed to appear at the Portland Magistrates' Court in answer to that bail. 

21Following your arrest on 6 October 2014, you were interviewed by investigating police and made no comment to questions put to you.  You were charged and remanded in custody where you have remained. 

22Your co-accused were also charged with a number of offences and Mitchell was sentenced to 14 months' detention in a youth justice centre in relation to four charges of armed robbery.  Doueal was sentenced to nine months' probation in relation to a number of charges of burglary and theft, and Wood was placed on a youth supervision order for 12 months in relation to a number of charges of burglary, theft and criminal damage. 

23Your repeated offending over a period of 22 months is clearly serious and exposed a number of members of the public and police to the risks of serious injury.  The armed robberies were committed on soft targets and you or your co-offender were armed with a machete, axe or other similar instrument.  You also engaged in extensive acts of dishonesty and committed a number of burglaries. 

24The sentence I impose must be calculated to deter you and others from offending in this way.  The community must also be protected from offending of this nature and you also must be punished for your serious offending.  Specific deterrence is a significant sentencing factor in your case. 

25I now turn to your personal circumstances.  You were born in Werribee on 26 March 1995 and you are now aged 20.  Your offending before this court occurred when you were aged between 17 and 19.  You were a young offender when your offending began and you are now a youthful offender.  Despite your significant criminal history and the need for specific deterrence, your youth requires me to pay particular regard to your future rehabilitation and formulate a sentence that gives effect to this sentencing principle.  Since 6 October 2014, when you were remanded in custody, you have been in adult prisons. 

26Your childhood and developmental years have been seriously disrupted by your father's heroin addiction and you resided with him during your teenage years.  You completed year 9 at Norlane High School and year 10 whilst you were detained in a youth justice centre.  You have not been employed in the community.  You began using illegal drugs of dependence at the age of 13 and began using ice and heroin intravenously at the age of 15.  Your offending is clearly a product of your drug addiction.  Your family supports are not stable, although you have resumed contact with your mother and your grandmother.  You have been in a relationship for four years and your partner's father may be able to provide you with work in the fishing industry in Portland upon your release from prison. 

27I have received a presentence report in relation to the services that will be delivered to you by Corrections Victoria on your release from custody either on Parole or on a Community Correction Order.  The report is detailed and specific.  Furthermore, you are identified as being a high risk to reoffend, and in my opinion, supervision on Parole is the preferable course for me to adopt, rather than releasing you on a Community Correction Order.  As I have already observed, specific deterrence is an important sentencing consideration in your case.  It is also essential that you now engage with the services that will be provided to you and that you remain drug free. 

28You are currently undergoing a sentence in relation to the breach of a Community Correction Order and your current release date is 14 December 2015.  Both your counsel and counsel for the prosecution accept that it is open to me in the circumstances of this case to impose an aggregate sentence and I propose to do so.  Whilst disconnected in time, your offending was, in my opinion, a series of offences. 

29In arriving at an appropriate proportionate sentence in your case, I have had regard to the principle of totality because you are currently undergoing sentence, and also the need for parity between you and your co-offenders, in particular, your co-offender Mitchell. 

30In the result, the sentence of the court is as follows:  In relation to the charges before the court including the related summary offences, you are convicted and sentenced to be imprisoned for two years and three months. 

31I order that you serve nine months' imprisonment before becoming eligible for release on parole.  I have fixed a relatively short non-parole period in your case by reason of your youth. 

32I declare that you have served 255 days by way of pre-sentence detention, not including today. 

33But for your plea of guilty, I would have imposed a total effective term of imprisonment of three years and six months and order that you serve 18 months before becoming eligible for release on parole. 

34All drivers licences held by you are cancelled and you are disqualified from obtaining a drivers licence in Victoria for a period of six months from today. 

35I order that you pay $160 by way of compensation to Michael Vugles within one month of today's date. 

36You can be seated, Mr Keil.  I will just sign that compensation order.  Yes, are there any further orders required? 

37MR DOYLE:  No, Your Honour.

38HIS HONOUR:  Thank you.  I have signed that order. 

39Mr Keil, you're at the crossroads in your life.  You are only a very young man and it is very important that you engage with the services that Corrections will provide to you when you are released and you are on parole.  If you do not and you start offending again, you will just spend more and more time in prison.  That will be a waste of your life, all right? 

40Thank you.  We will adjourn until 10.30. 

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