Director of Public Prosecutions v Long

[2025] VCC 434

IN THE COUNTY COURT OF VICTORIA

AT MELBOURNE

CRIMINAL DIVISION

Revised
Not Restricted
 Suitable for Publication

Case No. CR-24-00005

DIRECTOR OF PUBLIC PROSECUTIONS

v

CONOR LONG

---

JUDGE:	HER HONOUR JUDGE HARPER
WHERE HELD:	Melbourne
DATE OF HEARING:	4 June 2024, 7 April 2025
DATE OF SENTENCE:	9 April 2025
CASE MAY BE CITED AS:	DPP v Long
MEDIUM NEUTRAL CITATION:	[2025] VCC 434

REASONS FOR SENTENCE
---

Subject:CRIMINAL LAW                

Catchwords:              Armed robbery

Legislation Cited:      Sentencing Act 1991

Cases Cited:

Sentence:                  18 days imprisonment in combination with an 18m CCO

---

APPEARANCES:	Counsel	Solicitors
For the DPP	Ms K. Farrell	Ms. A. Hogan, Solicitor for Public Prosecutions
For the Accused	Mr H. Rattray	Balmer & Associates

HER HONOUR:

1Conor Long, you have pleaded guilty before me to a single charge of armed robbery.  You have also pleaded guilty to 3 related summary offences being charge 8, possess prohibited weapon without approval, charge 12, proceeding through a red traffic light, and charge 13, drive without number plates displayed.

2The maximum penalty for armed robbery is 25 years imprisonment.  The maximum penalty for possess prohibited weapon is 2 years imprisonment and for enter intersection against a red light and drive without number plates displayed it is 10 penalty units in each case.

CIRCUMSTANCES OF THE OFFENDING

3The circumstances of your offending were comprehensively outlined in the Summary of Prosecution Opening Upon Plea dated 13 May 2024.  I will summarise those facts here.

4At about 2.05am on Saturday 30 September 2023, you drove a white 2021 Toyota Hilux Utility to the BP service station at 1050 Plenty Road, Bundoora.  Your vehicle had green straps holding the front and rear registration plates up, so they were not visible (summary charge 13). 

5You parked the Ute and exited the driver's seat before taking a metre long sword from the tray of the vehicle and placing it down the back of your jumper with the handle sticking up over your head (summary Charge 8).

6As you approached the door, the service station attendant Arsalan Akhtar opened the doors electronically.  You went to the counter and said 'you know why I'm here, give me everything you've got.  It's your boss' money, you don't have to get hurt for your boss' money.”.

7Upon seeing the handle of the sword, Mr Akhtar emptied the cash register and handed you $140 (Charge 1).  You said it was not enough and asked if he had any $50 notes.  He said that he did not, and you returned to your vehicle and drove away. 

8At about 3.30am you attended the Coles Express at 127-133 Plenty Road, Bundoora, again in possession of the sword (summary Charge 8).  The attendant observed you wearing a black balaclava and holding the sword and a screwdriver and refused to open the doors. 

9At 3.50am police observed you drive through a red traffic light on Plenty Road, Bundoora.  You were followed and intercepted (summary Charge 12).

10You were deemed unfit for interview.

OFFENCE GRAVITY

11Armed robberies on soft targets such as lone service station attendants, in the middle of the night, are all too common.  It is nasty offending, committed for the paltry sum of $140.  Fortunately, no one was injured and the incident was brief.  While I have not received a Victim Impact Statement, your conduct would have been terrifying for Mr Akhtar.

PLEA OF GUILTY

12You indicated an early plea of guilty at the first committal mention.  You have saved the community the time and expense of running a trial and you have spared your victim and other witnesses the ordeal of giving evidence.  As such, you have facilitated the administration of justice and you are entitled to a benefit for the utilitarian value of your plea.

13By your plea of guilty you have also demonstrated an acceptance of responsibility for your offending, together with remorse.  I received a letter from you dated 3 June 2024 expressing appropriate regret and shame for your offending and detailing your efforts at drug rehabilitation at that time.

PERSONAL CIRCUMSTANCES

14I turn now to your personal circumstances. 

15You are now 27 years of age, having been born in February 1998.  You were 25 at the time of your offending. 

16You were born in Ireland and immigrated to Australia when you were 3 years of age.  You come from a stable family and have an older sister and a younger brother.  Prior to your entry into drug rehabilitation, to which I will return, you lived with your parents and brother. 

17You began using cannabis at the age of 14, followed by other drugs.

18You completed Year 12 and began a university course but withdrew within the first semester.  You made a later attempt to begin a different course but again left in the first semester. 

19By the age of 18 your drug use had become more frequent and included both prescription and non-prescription substances. 

20You have worked periodically in trade and hospitality jobs and worked in landscaping prior to the September 2023 offending.  You were unemployed for approximately 9 months between jobs and attempting university and left stable employment at the beginning of the pandemic.  Your ability to maintain ongoing employment has been affected by your mental health and substance use. 

21You have been in 3 significant relationships, the first for a year and the others for 18 months each.  The last ended when your partner relocated to the UK and you were unable to follow due to ongoing drug use. 

22You have a history of anxiety and depression and have engaged in self-harm and attempted suicide on occasion, usually when substance affected.  You have engaged with psychotherapist, Ms Rachel Molloy, since December 2022 when you first attended rehabilitation at Malvern Private Hospital.  You have had two subsequent admissions there in March and October 2023 respectively and you take antidepressant medication. 

23You spent 18 days in custody on remand, an experience which you reportedly found terrifying.

24Since December 2023 you have been engaged in the WHOS (We Help Ourselves) Gunyah residential rehabilitation program in New South Wales.  You progressed through the various stages of the therapeutic program and were transferred to the exit stage on 3 July 2024 which you successfully completed, returning to Melbourne on 4 April 2025.

25Ms Molloy has continued to treat you remotely while you have been living in NSW and she will resume weekly sessions now you are back in Victoria. 

26While staying at WHOS you were employed by the NSW Electoral Commission on a casual basis.  I am advised that this employment can be transferred to Victoria if you wish, but there may be employment opportunities in construction or cleaning with friends. 

27I received a psychological report dated 17 May 2024 from Ms Carla Ferrari.  She reports that you have a history of depression and anxiety together with drug abuse.  She found you to also have unresolved childhood trauma and diagnosed you with Complex Post Traumatic Stress Disorder, Major Depressive Disorder, Sedative, Hypnotic, Anxiolytic Use Disorder and Opioid Drug Use Disorder. 

28Ms Ferrari concluded that you are a low-moderate risk of future violence.

29I received a character reference submitted on your behalf by your father.  You have the ongoing support of your family and will reside with them now you have returned to Melbourne. 

SENTENCING PRINCIPLES AND FACTORS

30Mr Long, this drug-fuelled offending would have been terrifying for your victim, all for the paltry sum of $140.  You had with you a metre long sword, a confronting weapon which fortunately was not used to hurt anyone but would have been very frightening nonetheless. 

31Offending like this calls for general deterrence.  Others minded to commit armed robberies on soft targets such as you have done must appreciate that serious punishment will follow. 

32Specific deterrence has some role to play.  While you have no prior involvement with the criminal justice system, I must make it clear to you that offending behaviour such as this will not be tolerated by the courts or the community.

33In your case, the offending was clearly a result of your drug use.  I deferred sentence and you have positively engaged with residential drug rehabilitation.  The efforts you have made towards your own rehabilitation indicate that your prospects are now good.  Your rehabilitation is of benefit not only to you, but it is in the best interests of ongoing community protection. 

34Just punishment and denunciation are also relevant factors which I take into consideration.

35Your counsel submitted that given the progress you have made in drug rehabilitation since the offending, I should impose a Community Corrections Order in all the circumstances of your case.

36The prosecution accepted that you have done extremely well in terms of your efforts at rehabilitation and that accordingly, a lengthy and onerous Community Corrections Order would not be out of the range. 

37I had you assessed for a Community Corrections Order.  You were open about your history of drug and alcohol dependency and took responsibility for your offending. 

38You were also assessed by the Forensicare Mental Health Community Corrections Screening Program.  It was recommended that you obtain a mental health care plan and continue to see your psychologist. 

39Given your positive engagement with drug rehabilitation over an extended period, I am prepared to give you the chance to prove yourself in the community instead of the immediate gaol sentence that would otherwise be imposed for offending of this nature. 

DISPOSITION

40On Charge 1, armed robbery, you are sentenced to 18 days imprisonment in combination with a Community Corrections Order, with conviction, for a period of 18 months. 

41You are to comply with the core conditions of the order, being that:

·        You must not commit another offence punishable by imprisonment during the period of the order.

·        You must comply with any obligation or requirement prescribed by the regulations.

·        You must report to, or receive visits from, the Secretary during the period of the order.

·        You must report to the South Morang Community Corrections Centre within two working days of today.

·        You must notify the Secretary of any change of address or employment within two clear working days after the change.

·        You must not leave Victoria except with the permission of the Secretary.

·        You must comply with any direction given by the Secretary that is necessary for the Secretary to give to ensure that you comply with the order.

42In addition, you are to comply with the following special conditions:

·        You are to complete 250 hours of unpaid community work.

·        You are to undertake assessment and treatment for drug use.

·        You are to undertake assessment and treatment for alcohol use.

·        You are to undertake mental health assessment and treatment.

·        You are to be subject to supervision.

·        You are to undergo programs to reduce reoffending.

·        50 program hours may be counted towards the work hour component of the order.

43On summary Charge 8 you are fined $500 with conviction.

44On summary Charge 12 you are fined $250 with conviction.

45On summary Charge 13 you are fined $150 with conviction. 

46I declare that pursuant to s18 of the Sentencing Act 1991 you have served 18 days by way of pre-sentence detention.

47I have previously granted the forfeiture orders sought by the prosecution.

48Pursuant to s6AAA of the Sentencing Act 1991 had you not pleaded guilty, the sentence I would have imposed would have been a total effective sentence of 24 months with a non-parole period of 14 months to serve.

- - -