Director of Public Prosecutions v Levy

[2015] VCC 11

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR-14-01553

DIRECTOR OF PUBLIC PROSECUTIONS

v

LENNY LEVY

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JUDGE:	HIS HONOUR JUDGE DEAN
WHERE HELD:	Melbourne
DATE OF HEARING:	29 October 2014, 19 January 2015
DATE OF SENTENCE:	23 January 2015
CASE MAY BE CITED AS:	DPP v Levy
MEDIUM NEUTRAL CITATION:	[2015] VCC 11

REASONS FOR SENTENCE
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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms C. Teague	O.P.P.
For the Accused	Mr C. Watson	Doogue, O’Brien & George

HIS HONOUR: 

1Lenny Levy, you have pleaded guilty to one count of attempted armed robbery contrary to s.321M of the Crimes Act, and s.75A(2) of the Crimes Act 1958. The maximum penalty for that offence is 20 years' imprisonment. You have also pleaded guilty to one count of assault contrary to s.320 of the Crimes Act 1958. The maximum penalty for that offence is five years' imprisonment. Further, you have pleaded guilty to the related summary offence of stating a false name contrary to s.456AA(3) of the Crimes Act 1958.  The maximum penalty for that offence is a fine of five penalty units. 

2You pleaded guilty at committal mention and I have taken your early plea into account in your favour in mitigation of sentence. 

3You have admitted an extensive criminal history in the Children's Court in Victoria, involving numerous offences of violence and dishonesty.  You have also admitted two court appearances in the Magistrates' Court in Queensland involving offences of violence and drug use. 

4A prosecution opening was read to the court and tendered in evidence, and your offending may be summarised as follows: 

5On 8 June 2014 you attended at premises in Noble Park occupied by the victims of your offending.  They were there present with two of their friends and were, at that time, consuming cannabis.  You arrived at the premises at approximately 6.00 pm, and using a pretext to enter the premises, requested that the occupants provide their cannabis to you.  When they refused to do so, you threatened to rob them and used a hammer in order to make good that threat.

6That demand, whilst armed with the hammer, constitutes the offending relied upon in support of Count 1 on the Indictment. 

7After this incident took place a scuffle occurred, during the course of which you struck one of the victims with a crutch.  It is this conduct relied upon by the prosecution in support of Count 2 on the Indictment.  The occupants of the house contacted the police, who arrested you a short time later, and upon your arrest you became hostile and violent, threatened to harm yourself and provided to the police a false name.  Subsequently, you provided your accurate details to the police and you were charged and remanded in custody, where you have remained. 

8Drug related offending of this nature is all too prevalent and the sentence that I impose must be calculated to deter you and others from offending in this way.  Specific deterrence is an important sentencing consideration in this case, despite your age, and furthermore you must be punished for what you have done. 

9I have received in evidence two victim impact statements of the occupants of the home in question where the offending occurred.  Both of the victim impact statements attest to the fact that your offending has had a deeply traumatic effect on their wellbeing. 

10I now turn to your personal circumstances. 

11You were born on 10 November 1993 in New Zealand and you are now 21 years of age.  You were 20 at the time of your offending.  I accept that you have suffered from a very disrupted childhood and developmental years.  I have received in evidence a body of psychological material, and reports prepared for your appearances in the Children's Court.  This material establishes that you have a borderline intellectual impairment and your IQ has been assessed at 76.  You have longstanding drug and alcohol addiction issues and it is plain that you also have a disposition to violence whilst you are intoxicated.

12The evidence supports a finding that your cognitive functioning is at a low level and this is compounded by drug and alcohol abuse.  In response to the contents of a report of Ms Carla Lechner, a consulting and forensic psychologist, I had you assessed for suitability to receive services from Disability Services Victoria, by reason of your intellectual disability.  I have received a report from the Department of Human Services concluding that you do not qualify to be placed on a justice plan.  But I nevertheless accept that you do suffer from an intellectual impairment and a range of complex psychological difficulties that originate in your childhood. 

13Accordingly, in my opinion the principles enunciated by the Court of Appeal in the R v Verdins (2007) 16 VR 269 are engaged in your case. Your psychological impairment, and limited intellectual capacity, clearly contributed to your offending in this instance, and you require ongoing supervision and treatment.

14Nevertheless, in my opinion any assessment of your prospects of rehabilitation must be guarded.  You have shown little or no remorse for your offending and your demeanour in this court has been poor. 

15On 22 January 2015 you appeared in the Magistrates' Court at Melbourne, before the Deputy Chief Magistrate, in relation to a number of offences, including offences of violence and driving offences.  Her Honour placed you on a Community Corrections Order for a period of 12 months, with a number of conditions including treatment and assessment for alcohol abuse, drug abuse, offending behaviour modification programs and assessment and treatment for your mental health difficulties.

16In my opinion, the sentence that I am to pass for the offences before this court ought to facilitate the course adopted by Her Honour.  As I observed during the course of the plea in mitigation in this case, there is little or no utility on you being placed on two Community Corrections Orders and Her Honour's order imposed yesterday will provide for your supervision on your release from prison. 

17You can stand up please, Mr Levy.  In the result, the sentence of the court is as follows:

18On the charge of attempted armed robbery, you are convicted and sentenced to be imprisoned for six months;

19On the charge of assault you are convicted and sentenced to be imprisoned for one month, and I order that that sentence be served cumulatively on the sentence imposed for the offence of attempted armed robbery. 

20This makes for a total effective term of imprisonment of seven months. 

21I declare that you have served 230 days, not including today, by way of pre-sentence detention. 

22But for your plea of guilty, I would have imposed a total effective term of imprisonment, in relation to these charges, of 12 months. 

23In relation to the related summary offence of stating a false name, you are convicted and fined the sum of $300. 

24I order a stay of one month in relation to payment of that fine. 

25I have made the ancillary orders sought on behalf of the prosecution.  You can be seated. 

26MR WATSON:  As Your Honour pleases.

27MS TEAGUE:  As Your Honour pleases.

28HIS HONOUR:  Anything further?

29MS TEAGUE:  No, Your Honour. 

30HIS HONOUR:  Thank you. 

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