Director of Public Prosecutions v Lovett
[2014] VCC 2207
•16 December 2014
| IN THE COUNTY COURT OF VICTORIA | Revised Not Restricted Suitable for Publication |
AT MELBOURNE
CRIMINAL DIVISION
Case No. CR-14-01870
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| ANTHONY RICHARD LOVETT |
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JUDGE: | His Honour Judge Grant | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 1 December 2014 | |
DATE OF SENTENCE: | 16 December 2014 | |
CASE MAY BE CITED AS: | DPP v Lovett | |
MEDIUM NEUTRAL CITATION: | [2014] VCC 2207 | |
REASONS FOR SENTENCE
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Ms D. Hogan | OPP |
| For the Accused | Ms S. Keogh-Barnes | Emma Turnbull & Associates |
HIS HONOUR:
1 Anthony Lovett, you have pleaded guilty to one charge of armed robbery and one summary charge of failing to answer bail. The maximum penalty for armed robbery is 25 years' imprisonment. The maximum penalty for failing to answer bail is 12 months' imprisonment.
2 I have heard a summary of the offending. I do not intend to repeat the whole summary. It has been tendered in the plea hearing as Exhibit A.
3 Briefly, on 24 February 2012, at 9.30pm, you and three other males entered the United Service Station in St Albans with the intention of committing an armed robbery. Your faces were covered in an effort to disguise yourselves. You wore a balaclava. The manager of the service station and his wife were present at the time. One of your co-accused, Kristoffer Blanche, was armed with a tomahawk, which he used to threaten the victims. The other two offenders have not been apprehended. One of them was armed with a ball point hammer. He used the hammer to threaten the victims and smash the cash register. The other man was armed with a long brown-handled knife that he carried in a sheath on his belt. He also yelled at the victims. The men took $150 and $400 worth of cigarettes. Your role was to stand in the doorway of the store and keep watch so no-one could enter. You shouted to the other males to hurry up, when a car had pulled into the service station. You all left the store together and the police were called. The armed robbery was captured on CCTV cameras.
4 It was not until September 2012 that the police received important information that helped them with their investigation. Blanche’s mother saw a media release containing footage of the armed robbery and contacted police after identifying her son as one of the offenders. Blanche was arrested in late January 2013.
5 On 12 March 2013, your house was searched and a wooden handled ball point hammer was found under your bed. You were arrested and made detailed admissions. You were charged with the offence of armed robbery. In April 2013, you offered a plea of guilty to this charge. The prosecution rejected the offer. On 6 June, you again offered to plead guilty to this charge. Again, the prosecution rejected the offer.
6 You failed to appear at a contested committal on 29 July 2014. This was not your first failure to appear. A warrant issued and upon its execution, you were bailed to appear at a committal mention on 2 September 2014. You again failed to appear and a further warrant issued. That warrant was executed on 22 September 2014 and you have been in custody on remand ever since. On 7 October the prosecution accepted your plea of guilty.
7 Mr Lovett this is serious offending. You and your friends chose a soft target. I accept the armed robbery was not the product of sophisticated prior planning, however there was an element of planning with you and your co-accused disguising yourselves and gathering weapons. Your accomplices were armed and threatening. It was a terrifying situation for the victims. The sentence I impose must act as a deterrent to others who would consider behaving in the way that you behaved on that night. Punishment and denunciation are also relevant sentencing considerations.
8 You have a number of prior Children’s Court appearances. Two of them are relevant prior matters. At the Sunshine court in February 2009 you were placed on probation for offences of armed robbery and robbery. At the same court in May 2009 you were placed on another probation order for offences that included affray and robbery. In these circumstances, specific deterrence and protection of the community are also relevant sentencing considerations.
9 I have been advised of subsequent offending. On 21 May 2013, you were convicted in the Magistrates’ Court and fined a total of $500 for car theft, handle stolen goods, forgery, unlicensed driving and driving an unregistered vehicle. On 20 June 2013 you were convicted and fined $400 for driving offences.
10 I now move to those matters raised in mitigation.
11 Youth - When you committed the offence of armed robbery, you were 19 years old. You are now aged 22. Given your age, rehabilitation is still a highly relevant sentencing consideration. You have been in custody since 22 September. This is your first period in adult custody. You now have an understanding of the consequences that attach to serious offending. You are now drug free and have expressed a strong desire to remain drug free. Clearly, you will need supervision and support upon your release back into the community.
12 Delay – This matter was listed for plea before me on 1 December 2014. There has been a considerable delay between charging and the plea hearing. I accept that your failure to appear at court on at least three occasions explains some of the delay. However, you did offer to plead to this charge in April 2013 and again in June 2013. The prosecution accepted your offer in October 2013. The delay in listing this matter is not solely attributable to you. It is matter that warrants some moderation of sentence.
13 Plea of guilty – You offered a plea of guilty at the earliest possible opportunity. In addition, your plea of guilty indicates your remorse and acceptance of responsibility. The plea has meant that the victims do not have to go through the trauma of giving evidence and your plea has saved the community the cost and expense of a criminal trial. You will get significant benefit from all of these matters.
14 Personal matters - You are one of 11 children. You do not have any contact with your siblings. Your mother died when you were 14 years old and your father died in 2013. Understandably, these two events have had a profound impact on your life. You were in Year 9 when you left school after the death of your mother. It is well recognised that staying in school is a strong protective factor for a young person. It is dispiriting to think that you were lost to our school system at such a young age. You were 14 when you commenced to use cannabis. You were 15 when you first appeared in the Children’s Court for a large number of dishonesty offences. At the age of 16 you started abusing methamphetamine. You are unskilled and have limited work experience. I was told by your counsel that you have not worked for the past three or four years. At the time of this offence you were unemployed; abusing cannabis and ice; and associating with other young men with similar problems. I am satisfied that you come from a background of hardship and disadvantage and your sentence will be moderated accordingly.
15 Parity – Christopher Blanche was sentenced 5 July 2013. He received a sentence of two years and three months for his role in the armed robbery. The judge who sentenced Mr Blanche indicated that his sentence would be discounted because of his willingness to give evidence against his co-offenders. This fact would seem to be completely irrelevant to your situation because you had already offered a plea of guilty to the armed robbery in April 2013 and again in June 2013. Blanche also pleaded guilty to additional matters (including a breach of a suspended sentence). He received a total effective sentence of two years and nine months with a minimum term of one year and nine months before being eligible for release on parole. Your position can be distinguished from his. He is a little older than you. He had a lengthier criminal history. His involvement in the armed robbery was more vigorous than yours. It was an aggravating feature of his offending that he offended during the operational period of a suspended sentence.
16 Sentence - Mr Lovett, on the armed robbery you are convicted and sentenced to 20 months' imprisonment. For failing to answer bail you are convicted and sentenced to 21 days' imprisonment. This sentence of 21 days to be served concurrently with the sentence on the armed robbery. I fix a minimum term of ten months before you will be eligible for release on parole.
17 I make a declaration that you have served 85 days by way of pre-sentence detention.
18 Had you pleaded not guilty to the offences and been found guilty after trial, I would have convicted you and sentenced you to a period of two years and six months' imprisonment with a minimum term of 20 months.
19 I make the disposal order sought by the prosecution.
20 I make the compensation order sought by the prosecution.
21 Mr Lovett, I also order that you undergo a forensic procedure for the taking of a scraping from your mouth. If you fail to co-operate in the taking of the sample, the authorities may use reasonable force to obtain it. This order is made pursuant to Sections 464ZF (2) and 464ZF(2)(A) of the Crimes Act 1958. I make the order for the following reasons; the seriousness of the offending, your prior convictions, the order is in the public interest and the order is consented to.
22 Are there any other matters?
23 COUNSEL: No, Your Honour.
24 HIS HONOUR: Thank you.
25 COUNSEL: Thank you, Your Honour.
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