Director of Public Prosecutions v Lambrick

[2014] VCC 1706

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR -14-01433

DIRECTOR OF PUBLIC PROSECUTIONS

v

SAMUEL JOHN LAMBRICK

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JUDGE:	HER HONOUR JUDGE HANNAN
WHERE HELD:	Melbourne
DATE OF HEARING:
DATE OF SENTENCE:	13 October 2014
CASE MAY BE CITED AS:	DPP v Lambrick
MEDIUM NEUTRAL CITATION:	[2014] VCC 1706

REASONS FOR SENTENCE
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Subject:
Catchwords:
Legislation Cited:
Cases Cited:
Sentence:

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr M. Roper	Office of Public Prosecutions
For the Offender	Ms M. O'Brien

HER HONOUR:

1Samuel John Lambrick, you have pleaded guilty to two charges of armed robbery.  The maximum penalty for each offence is 25 years' imprisonment. 

2The circumstances of your offending are set out in a summary read by the prosecutor and tendered upon your plea.  I direct that a copy be annexed to these reasons for sentence, as the agreed factual basis upon which you have pleaded.

3In essence, the two charges arise out of a single incident, which occurred in April 2014.  You rode your bicycle, which I note had a flat tyre, to Clydesdale Square in High Street, Cranbourne.  You then rode to the rotunda in the square, where the two victims, aged 16 and 17 were sitting.  You went into the rotunda and removed a meat cleaver from your pocket.  You held it against one of the victim's stomach and said, "Give me all your fucking money."  He told you he had no money and then you patted down his pockets.  The victim, in fear, handed you his mobile phone from his back pocket.  You then turned towards the other victim, who in fear handed you $8 in coins.  You then said to the first victim you had addressed, that you were, "Taking his fucking bike too."  You then took possession of his bicycle and rode away, leaving yours, which I have already noted had a flat tyre, at the scene. 

4The victims immediately reported the matter to police.  You were subsequently interviewed and denied all offending.  The matter ultimately resolved in the Magistrates' Court and proceeded by way of straight hand-up brief. 

5Your conduct is clearly serious.  The victims are properly described as "soft targets".  They were without ready access to security or support.  The court and the community cannot and will not tolerate this type of offending, which is unfortunately not, in any sense, rare.  Your use of a meat cleaver is concerning.  The fact that you had taken it with you for the purposes of the armed robbery, illustrates some degree of pre-planning, but the execution of this offending could not be described as sophisticated, which was perhaps the consequence of your consumption of "ice", prior to this offending.  I note that the victims observed that you appeared drug affected.

6Exhibit 2 is a victim impact statement from the first victim, from whom you stole the phone.  He was understandably frightened by your actions, and there has been both a financial and psychological sequelae to your offending.  The consequences from the victim are hardly surprising, and would or should have been appreciated by you at the time of your offending. 

7

You have admitted the contents of a criminal record, which commences on

1 December 2009, with a conviction in this court on charges of armed robbery and obtaining by deception.  You were sentenced to a total effective sentence of three years, with a non-parole period of 18 months.  I have had the advantage of reading Her Honour Judge Millane's sentencing remarks and note that that offending has substantial similarity to the matters upon which you are to be sentenced this day.

8In 2010 you were convicted at the Melbourne Magistrates' Court of drugs, weapons, assault and other offences.  You were fined on all matters.

9In February 2012 at the Sunshine Magistrates' Court, you were convicted of assault police and possession of a weapon.  You were sentenced to one month concurrent, as by that stage you had been breached on your parole and you were again in custody. 

10Most recently at the Sale Magistrates' Court in November 2013, you were convicted of possession of methamphetamine and sentenced to 21 days concurrent. 

11You were ultimately released on 1 December 2013 and these offences occurred in April the following year.

12You are now aged 24.  You are the eldest of four brothers.  You childhood was difficult, due to both your parents' abuse of alcohol.  Your parents separated when you were nine or ten, and all four boys initially resided with your mother.  She eventually felt she could not cope and left you all at the police station, resulting in you being placed separately in foster care for some months.

13In your early teens, you commenced living with your father, but it is fair to say, that as at this date, you have no real family support.  No one has visited you in custody and it does not appear you have any contact with your family. 

14I note that since your remand, you have worked as a billet, five days a week.  You say that you wish to go to Barwon Prison, it seems, in essence, because of the structure, which I think illustrates the very real risk that you are becoming institutionalised. 

15You commenced using amphetamines at 16, and you addiction issues have been ongoing.  You report having used ice on the day of this offending.  You say, indeed, that you had recommenced using ice the very day you were released from custody in December the preceding year.  This was quite properly not put as mitigatory, but it is of course part of context, and context is always relevant.  It also affects what is required, in terms of your rehabilitation. 

16Your prospects of rehabilitation  are in my view, guarded, and they are dependent on your ability to both achieve and maintain drug abstinence, and to free yourself from the devastating grip of ice, which is unfortunately an epidemic in our community.  You do appear, however, to have some insight in this regard, which I think is positive, in terms of your rehabilitation.  The Parole Board will, I hope, play and important role in your reintegrating into the community. 

17

I take into account your plea of guilty, which you entered at an early stage.  You are entitled to the full benefit of an early plea of guilty.  You have saved the community the time and expense  of a trial.  I accept that your plea should be used as evidence of your remorse.  You will, it seems, given the circumstances of your remand, serve your sentence as a protection prisoner, after what you describe is "a falling out" with others in the prison system. 

I accept that this will, to some degree, make your sentence of imprisonment more onerous, although this is not in the category of cases which involve substantial isolation or 23 hour lockdown. 

18You are still a youthful offender.  You are aged 24.  The community must, in my view, maintain a real interest in your rehabilitation, as that is their best protection from this type of incident in the future. 

19It is quite properly common ground between the parties that the only disposition  open to this court is an immediately servable term of imprisonment. 

20As well as matters personal to you, to which I have referred, I must take into account other relevant sentencing considerations.  General deterrence is, in relation to this sort of offending, of considerable importance.   I must seek to deter, not only you, but others who would engage in like conduct.  Your sentence must manifest the community's denunciation of your conduct and impose just punishment.  I must seek to deter you from future offending, which must be given some weight, in light of your history. 

21In the circumstances, I have no option but to impose terms of imprisonment. 

Charge 1, armed robbery, convicted and sentenced to be imprisoned for

three years and three months.

Charge 2, armed robbery, three years and three months.

22I direct that one year and three months of the sentence on Charge 1, be served cumulatively with the sentence upon Charge 2, making a total effective sentence of four years and six months. 

23I direct that you serve three years before becoming eligible for parole. 

24I direct 147 days be reckoned as served.

25I direct it be noted in the records of the court that were it not for your plea of guilty, I would have sentenced you to a total effective sentence of six years and six months, with a non-parole period of four years and six months. 

26I make Disposal and Forfeiture Orders in the terms of the draft. 

27Counsel, firstly, is the cumulation correct?

28COUNSEL:  Yes, Your Honour.

29HIS HONOUR:  Is there any factual matter which needs to be corrected?

30COUNSEL:  No, Your Honour.

31HER HONOUR:  Thank you.  Remove the prisoner please. 

32Thank you for your assistance, counsel, you are excused. 

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