Director of Public Prosecutions v Lahteenmaa
[2013] VCC 1529
•24 June 2013
| IN THE COUNTY COURT OF VICTORIA | Revised (Not) Restricted Suitable for Publication |
AT MELBOURNE
CRIMINAL DIVISION
Case No. CR-13-00497
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| ERIK LAHTEENMAA |
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JUDGE: | His Honour Judge Parsons | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | ||
DATE OF SENTENCE: | 24 June 2013 | |
CASE MAY BE CITED AS: | DPP v LAHTEENMAA | |
MEDIUM NEUTRAL CITATION: | [2013] VCC | |
REASONS FOR SENTENCE
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Mr Saunders. | Office of Public Prosecutions |
| For the Accused | Mr Croucher S.C. | D. Laschko Criminal Lawyer |
HIS HONOUR:
1 You, Erik Lahteenmaa, have pleaded guilty before me, to one count of armed robbery, the circumstances of this crime are fully outlined in Exhibit 1 which is the prosecution opening on plea, and Mr Saunders has very helpfully outlined all of the relevant matters in that document, and in very brief compass, it involves the behaviour, broadly speaking, of six males including yourself, who committed a number of armed robberies over a 10 month period in the Northern and North Eastern suburbs in 2012, although of course, your offending is limited only to the matters outlined in Exhibit 1. The various co-accused were all named in paragraph 2, one of whom who will be pleading guilty before me, in due course. The others, as I understand it, have proceedings in respect of which you will give evidence listed in the Magistrates' Court and the Children's Court as outlined in paragraph 4.
2 Your own involvement is set out at paragraphs 5 forward, and in particular, on Monday 16 January, I am told that one of your co-accused and another male attended the Manningham Club in Bulleen for the purpose of conducting reconnaissance in preparation for an armed robbery. Subsequently, you were approached by one of your co-accused, who solicited your involvement and the nature and extent of your involvement is fully set out in Exhibit 1, and involves you conducting reconnaissance on the premises and communicating the fruits of that research back to those who committed the armed robbery. Ultimately, an amount slightly in excess of $24,000 was taken and some damage.
3 On 21 October 2012, you were arrested and as there set out, you made full and frank admissions as to your involvement, and as to what it was that you understood was to happen, and what weapons, if any, were to be taken, and you also provided a very full, signed statement acknowledging your own involvement and specifying the involvement of those others, about whom you were able to speak and that statement is an Exhibit before me. You gave sworn evidence to the effect that you would give evidence when, and if called upon to do so, in terms of that statement.
4 No victim impact statements have been tendered in the matter. Your counsellor has raised that matter with you, and she talks about, opening your eyes to the damage that actions such as yours ultimately have on the innocent persons who were conducting themselves on that evening in that club. I understand that the depositions would set out the feelings and apprehensions of those persons, and I have no doubt you understand that now.
5 As was pointed out by your counsel, there are a number of mitigating factors: firstly, you have pleaded guilty and you are entitled to have that taken into account in your favour, and I do so. The community has, by your plea, been spared the time and cost of a trial and witnesses have been spared the ordeal of giving evidence upon your trial, and I can tell you that the sentence I intend to impose is far less than would have been imposed, had you been found guilty after a trial.
6 Further, I take it into account in your favour, that you intimated very early, your intention to plead guilty to these charges and of course, your apprehension was described in Exhibit 1, your ready admissions were also described, and also the fact that you made very full admissions was a matter highlighted by your own counsel.
7 I accept that you plea does indicate true remorse for your actions. Further, of course, Mr Croucher who appears on your behalf with Ms Boston, pointed out a number of other matters which he submitted, were significant matters to be taken into account in your favour, and they particularly included the fact of the signed statement that you had made and of course, the undertaking you gave. Mr Saunders, who appears to prosecute this matter, described that evidence as significant. In my view, these matters, in the sentencing matrix, weigh very heavily. It is a further indictor of your remorse and also it seems to me, indicates the strong prospects of rehabilitation that exist in your case, and I have no doubt that your undertaking will involve you or may potentially involve giving evidence on a number of occasions, and possibly over a number of years.
8 You are currently aged 27. At the time of the offence, you were aged 25, and you have no prior convictions and there's nothing subsequent that has been brought to my attention. I sentence you therefore as a person of previous good character. Your personal history was very helpfully outlined in a document which is provided to me in which I have marked as Exhibit D. I note in the testimonials, one of which was received from your parents, details of various important matters relating to your family's movements over time and also of course, your own history.
9 You were born in Canada and your parents resided there for a time, and you, of course, attended school in Calgary. You moved to Melbourne in 1995, and you began primary school in Melbourne, and you attended Marcellin College in Bulleen and the family then moved to China, where you spent some time being educated. You made various other trips which are all specified in the document. Significantly, when you left school, whilst you were offered a place at Latrobe University, you chose instead, to perform various other work which is set out in the document and involve yourself in travelling until such time as you took up a plumbing apprenticeship in 2009. I note a number of the alleged co-offenders all worked at H & A Majestic Plumbing, and you say that you did meet and befriend one of those persons. In any event, you were just about to complete that plumbing apprenticeship, and it is your hope at the completion of that time, to begin your work as a plumber and to being your own company.
10 The materials provided with respect to you, indicate that you are a hard worker, that you are always employed and you have good prospects. There are a number of testimonials, which I have read, and of course, I take their contents into account, all of which are very positive and it is clear you have a very strong support both from your family and also from people in the wider community, all of whom regard this as an aberrant behaviour. They have seen no indication of the kind of thing that you have involved yourself in, on any other occasion over the period that they have known you, and it seems to me that I can be confident of that, given the nature and range of persons who have provided testimonials in support of you.
11 I am satisfied that the chances of your rehabilitation are very good, and it seems to me that one can have every confidence that this kind of behaviour will not repeat itself.
12 With respect to your role, clearly you were a minor player in the affair, and I sentence you on the basis of your role as set out in the Crown opening. Your co-offenders of course, have not yet been dealt with, and as a result, comparative sentence does not arise in the matter to be taken in account at this stage.
13 As well as those matters personal to you, to which I have referred, including the question of your rehabilitation, I must take into account such matters as deterrence and of course, general deterrence is always of importance in cases such as this, and particularly, with respect to what may be regarded as peripheral behaviour. One bears in mind that it is very significant behaviour from the point of view of what ultimately took place. Specific deterrence I do not believe to be of importance in the case, for the reasons set out earlier with respect to your age, your circumstances, and the unlikelihood of you re-offending. I also need to consider the question of the protection of members of the community from you, and bear in mind the likelihood of your re-offending which I find to be modest.
14 Of course, also, since you have committed these offences, there has been some one and a half years elapse since the commission of these offences, and I have no doubt that the passing of that time has weighed heavily with you, and in the circumstances of course, you have the benefit of that, in the sentencing process, and further, of course, you have utilised that time and the passing of it, to assist in your rehabilitation and of course, that's also a matter that weighs in the sentencing balance.
15 Application has been made for an intimate forensic sample to be taken from you, and you have no objected to this, and I am satisfied that it is in the interests of justice, having regard to the seriousness of the offending, that in all the circumstances, I order an intimate forensic sample, namely saliva be taken from you. That sample may be taken by a doctor or nurse or other authorised person. The saliva sample is taken by wiping a swab inside your mouth, and although you have consented, if you change your mind, I must inform you the police may use reasonable force, to enable that procedure to be undertaken.
16 The Crown submits that the sentencing range, given the matters raised in the various documents and the submissions put by Mr Saunders and in light of the submissions made on your behalf, does not require a term of immediate imprisonment and that's a submission with which I agree. I have had provided to me, and have read the decision of the Court of Criminal Appeal in the case of Edwards, and I particularly note the passage in the judgment of the Chief Justice at paragraph 135, and further, Weinberg JA and Williams AJA at paragraph 242 where Their Honours speak of the Community Corrections Order and the way in which it is to be viewed as a sentencing alternative. Their Honours' there rightly, with the greatest of respect, set out how it is not to be regarded as a soft sentencing option.
17 In your circumstances, I think, particularly bearing in mind, your resolve to give evidence I think, it is very appropriate that a Community Corrections Order, in your circumstances, be ordered. Yes, if you would stand please, Mr Lahteenmaa.
18 You are convicted and sentenced as follows:
19 On Count 1, a Community Corrections Order of two years, and there will be work component of 50 hours, and I need to, I think, read out these various terms because you need to say at the end of it, that you understand the effect and conditions of the order and you consent to it being made, so if you would just listen to these please, and then I will ask you for your consent to that.
20 Now, the order will last for two years and commences today, and ends on 23 June 2015. You must attend at the Heidelberg Community Corrections Services at the address there set out, and I think you are going to have to do another one, and spell Burgundy Street, within two clear working days after commencement of the order, the mandatory terms that apply to all Community Correction Order's are: you must not commit another offence for which you could be imprisoned during the time that the order is enforced. You must comply with any obligation or requirement proscribed by Regulation 17 of the Sentencing Regulations [2011] , you must report to and receive visits from the Secretary or a delegate, you must report to the Community Corrections Centre within two clear working days of you starting, you must let a Community Corrections Officer know within two clear working days, of you changing your address or job, you must not leave Victoria without first getting permission to do so from the Secretary or delegate, you must obey all lawful instructions from and directions of the Secretary or delegate, and you must perform 50 hours of unpaid community work over a period of two years, as directed by the Regional Manager. Now, do you understand the effect and conditions of the Order and do you consent to it being made.
21 PRISONER: I do, Your Honour.
22 HIS HONOUR: And do you understand that any breach of the order may result in your being brought back before me, and of course, the sentence for the breach or the re-sentence for the armed robbery and of course you understand what, inevitably, may happen as a result of that.
23 PRISONER: I do, Your Honour.
24 HIS HONOUR: All right. Yes. If you just sign that order please. Perhaps Mr Croucher can attend with you and assist you in that regard.
25 MR CROUCHER: Yes, Your Honour.
26 MR SAUNDERS: Your Honour, while that's happening.
27 HIS HONOUR: Yes, Mr Saunders.
28 MR SAUNDERS: Might I, as matter of convenience, that we have the Exhibit of photos be returned to us.
29 HIS HONOUR: Yes.
30 MR SAUNDERS: If we don't anticipate another course is taken, hardly likely, we will replace them with colour photographs but we're limited to those numbers, at the forthcoming committal and they come out of a copy that needs to be re-assembled. I thank you for that.
31 HIS HONOUR: Yes, of course. All right, yes, thank you Mr Lahteenmaa. Now, as I say, there's not much I will need to say. I have got no doubt that whatever needs to be said has been said well and truly by your parents and those around you, and you have probably worked out yourself, the wisdom of what they have had to tell you.
32 PRISONER: Yes.
33 HIS HONOUR: All right. Yes, thank you. I think we will adjourn.
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