Director of Public Prosecutions v Ludeman
[2025] VCC 1176
•15 August 2025
| IN THE COUNTY COURT OF VICTORIA AT LATROBE VALLEY CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
| GENERAL LIST |
CR-25-01250
Indictment No. P12225949
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| JESSICA LUDEMAN (aka CHANCELLOR) |
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JUDGE: | HIS HONOUR JUDGE DOYLE | |
WHERE HELD: | Latrobe Valley | |
DATE OF HEARING: | 13 August 2025 | |
DATE OF SENTENCE: | 15 August 2025 | |
CASE MAY BE CITED AS: | DPP v Ludeman | |
MEDIUM NEUTRAL CITATION: | [2025] VCC 1176 | |
REASONS FOR SENTENCE
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Subject:CRIMINAL LAW – Sentence
Catchwords: Guilty plea - Attempted armed robbery – Bail offences – Possess controlled weapon – Mild intellectual disability – Deprived upbringing – Prior convictions – Guarded prospects of rehabilitation.
Legislation Cited: Crimes Act 1958, s321M, s75A
Cases Cited:Bugmy v The Queen (2013) 249 CLR 571; Muldrock v The Queen (2011) 244 CLR 120; R v Verdins & Ors (2007) 16 VR 269.
Sentence: Total effective sentence of 10 months’ imprisonment.
6AAA: 16 months’ imprisonment with a non-parole period of 10 months.
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APPEARANCES: | Counsel | Solicitors |
| For the Director of Public Prosecutions | Mr R. Pirrie | Office of Public Prosecutions |
| For the Accused | Ms S. Wendlandt | Victorian Aboriginal Legal Service |
HIS HONOUR:
1Jessica Chancellor, on Sunday 23 April 2023, at about 10.50 pm, CCTV footage captured you outside a licensed premises, Ronni’s Restaurant, at Graham Street, Wonthaggi.
2You stood outside the doorway of the restaurant while staff were inside closing up for the evening. You hid behind a brick wall. You then produced a large knife from inside your left sleeve. You leant out from behind the brick wall several times to look inside the premises.
3Crystal Coghlan walked past you as you stood outside the restaurant. She saw you had a large knife. She walked up to you, and you said to her, 'Fuck off Crystal, I’m trying to rob the place.' She responded, 'No you’re fucking not', and physically confronted you. You put the knife in your backpack and left the area (Possess Controlled Weapon).
4Then three days later, on Wednesday 26 April 2023, at 10.51 am, you went to the discount shop in Graham Street, Wonthaggi. CCTV footage captured you leaning over the front counter and removing a white plastic bag with the words 'reusable bag' written on the front of the bag. You were wearing a grey-coloured windcheater with an 'Everlast' logo on the front, black Nike shoes and a floral peaked cap underneath the windcheater hood. After removing the bag, you left the shop.
5At 11.55 am you went to 'Paws Galore' opportunity shop at 74-Watt Street, Wonthaggi. CCTV footage captured you walking around the shop holding the plastic shopping bag you had removed from the discount shop earlier. You approached shop assistants, Sandra Davies and Joy Gordon, and produced a large knife from inside the sleeve of your jumper. You said, 'My kids are starving, it’s all up to you, give me some money.' Ms Davies refused to give you any money and told you to leave the store or she would call police (Attempted Armed Robbery). Not long after that you walked out of the shop carrying the white plastic bag with the knife protruding from the bottom of the bag. You walked into a nearby abandoned Wonthaggi Secondary College grounds.
6You discarded the knife in an unknown location. You then walked to some buildings on the Baillieu Street side of the school and took off your windcheater and discarded it, along with the white plastic bag. You then walked south towards your home address.
7Soon after the police located the white plastic bag and the grey windcheater in the Wonthaggi Secondary College grounds.
8At about 12.50 pm police attended at your address at Unit 1, No.1 McKenzie Street, Wonthaggi. You were arrested in your bedroom. In the bedroom police found and seized a floral peaked cap and black and white Nike sneakers. The grey Everlast jacket yielded a DNA profile which matched yours.
9You were taken to the Wonthaggi police station and interviewed. You denied the offending.
10On Friday 20 October 2023, you were arrested in relation to other matters, and at that stage you were charged and remanded in custody in relation to the attempted armed robbery.
11You have been in custody since that time.
12At the time of the offending in this case, that is the possession of a weapon on 23 April 2023 outside Ronni's Restaurant and the attempted armed robbery on 26 April 2023, you were on bail for other matters. The details of that bail, to some extent, were outlined by Mr Pirrie on the plea. You had also breached bail conditions; the substance of the breaches is set out in the particulars of the of that summary offence. You pleaded guilty to those two related summary offences: committing indictable offence whilst on bail and breaching conditions of bail, as well as the possession of a weapon on 23 April 2023.
13You pleaded guilty at a committal mention in this matter. I accept your plea of guilty indicates some level of remorse and demonstrates a willingness to facilitate the course of justice. You have spared the police, the court and the prosecution the use of resources required for a trial in this matter. You have also spared the witnesses the experience of having to come to court and give evidence about these matters. The utilitarian value of your plea is significant, and you must be given a sentencing discount for your plea of guilty.
14The maximum penalty for attempted armed robbery is 20 years, which reflects its seriousness. It is an inherently serious offence.
15It is a potentially terrifying experience for a shop attendant to face a demand for property which involves the production of a weapon. People working in shops must be able to do so without the fear they will be threatened with a weapon for money and my sentence must send a message that prison sentences will be the result for those convicted of such offering.
16That said, I accept this offending was amateurish and unsophisticated. Ms Davies, it seems, did not really take you seriously and told you to leave the store, which you did. This was a half-hearted attempt.
17That said, there was some preparation involved in this matter in that you went to the earlier shop and obtained the bag, and it is plain from what happened on 23 April that you had been contemplating such an offence over a few days.
18Your counsel, Ms Wendlandt, submitted that in the period leading up to the offending you were homeless and living between different locations and that you had consumed a substantial amount of alcohol before the offending.
19I accept this. It is not an excuse, but it provides some context to your conduct.
20Overall, I find that the attempted armed robbery falls at the lower end of the spectrum for this type of offending. It nonetheless remains a serious offence.
21You were on bail for other offences at the time, as I have mentioned, which is an aggravating factor. In this case the fact that you were on bail is the basis of the related summary offence that I have described. Given that I have taken the fact that you were on bail into account as an aggravating feature of the attempted armed robbery, I intend to convict and discharge you for that offence. It is also an aggravating feature for the possession of a controlled weapon.
22The possession of a controlled weapon offence relates to the knife you had in your possession on 23 April 2023. You had that weapon for a criminal purpose. It is obvious you were contemplating a robbery on that day; you said as much to Crystal Coghlan. In those circumstances, it is a serious example of that offence.
23Your personal circumstances are set out in the defence written submissions and in the psychological report from Ms Christine Kennedy which was tendered as an exhibit.
24You have an Indigenous background. You are from the Palawa tribe in Tasmania on your father’s side. Your childhood was unstable. You grew up in numerous foster homes in Victoria after DHHS intervention.
25Your biological father was an alcoholic and a drug user and served lengthy prison sentences. Your mother was not able to care for you or your older brother. You have many half-siblings. You have no real connection to them. You have had no meaningful relationship with either of your biological parents, both of whom have passed away. I was told that your mother died when you were in custody and that was a source of emotional pain to you.
26I have been told, and I accept, that your experience of foster care was harrowing, and that you were subjected to abuse and violence. In turn, your eight children are no longer in your care. Your counsel submitted that the deprivation in your upbringing has had lasting transgenerational or intergenerational effects. I accept that.
27You were moved between foster homes; and you attended at least two primary schools and three secondary schools. Towards the end of primary school, you were diagnosed with a learning disability. Due to the instability in your accommodation and your learning disability, you got little from your education and you have limited literacy skills.
28You also have a very limited work history. I was told you started a TAFE course in Wonthaggi at some stage, but you did not complete it. You lived in Moe during your twenties, and you have from time to time lived in Wonthaggi.
29You have seven children. They are either living with their fathers or with extended family after Department intervention. They are between the ages of six and 16. You have had some contact with your 12-year-old son but no contact with the rest of your children and no contact with any of them whilst you have been in custody.
30You have a long history of drug use, particularly speed, ecstasy and cannabis. You have also had problems binge drinking with alcohol.
31You were diagnosed by Ms Kennedy with a mild intellectual disability and since the plea I have also been provided with a neuropsychological report dated 10 August 2007 which perhaps tentatively confirms or is the original source for the diagnosis of intellectual disability. In all the circumstances. I am prepared to act on the basis that you do have a mild intellectual disability.
32You have a not-insignificant criminal history in 2014 at the Korumburra Magistrates Court for contravening family violence intervention orders. You were sentenced to imprisonment for 14 days.
33You also have a prior conviction in September 2014 for unlawful assault.
34In 2018, you were convicted for dishonesty offending and another contravention of an intervention order.
35Later, in November 2018, you were placed on a Community Correction Order for a series of dishonesty offences and assault offences, including assault with a weapon. You were also dealt with at that time for possessing a dangerous article in public.
36In October 2020, you were dealt with for breaching that Community Correction Order and further offending, included bail offences, dishonesty offences, contravention of intervention order offences, an assault and a burglary and theft. You were sentenced to an aggregate period of four months’ imprisonment.
37I have been told you have multiple offences still to be dealt with in the Magistrates Court next week, some of which occurred in the middle of 2025 after you were released on bail, and some of which date back to 2023 before you were remanded in custody for this offending.
38You are not to be punished again for your prior convictions, but you have been breaking the law now for a lengthy period in similar ways. This offending is an escalation in seriousness. So far, nothing the courts have done has curtailed your offending. Your prior convictions are relevant to the assessment of your prospects of rehabilitation, the need for specific deterrence, your moral culpability and considerations of community protection.
39The psychological report, which was tendered from Ms Christine Kennedy, as I said, says you as having a mild intellectual disability without any reference to testing, but as I have said the neuropsychological report fills in some of the gaps. Ms Kennedy says you had insufficient literacy skills to complete any of the tests and therefore the assessment was based on clinical interview and the documentation supplied by the defence solicitors in this matter.
40She refers to your educational history. You told her you 'quit' school in Year 8.
41She says people with an intellectual disability tend to have poor emotional intelligence. She says you are likely to have difficulty understanding and regulating your emotions. She says your intellectual disability does not preclude you from learning new skills and that targeted support, and interventions could maximise opportunities for the development of self-regulation and optimal learning. She says that an intellectual disability can limit a person's capacity to act with good judgment and understand risk and consequences, but it does not limit your capacity to understand right or wrong and the wrongfulness of participating in criminal behaviour.
42She says you have a raft of dependent and borderline personality features. You have unmanaged mental health issues from childhood psychological and sexual abuse and neglect, and a long history of domestic violence as an adult.
43She says you have failed to develop trusting relationships which has led to an insecure and attachment-style personality and anxiety and depression. She goes on to describe your problems in interpersonal relationships.
44I have also had regard to the contents of the neuropsychological report which I was provided with during the week.
45Your counsel submitted that general and specific deterrence should be moderated due to your mild intellectual disability, traumatic upbringing (including intergenerational trauma) and because of your personality disorder. She submitted that your moral culpability is reduced in line with the principles in the decisions of Bugmy,[1] Muldrock[2] and Verdins.[3] She also submitted that just punishment should be assessed having regard to these matters.
[1]Bugmy v The Queen (2013) 249 CLR 571
[2]Muldrock v The Queen (2011) 244 CLR 120
[3]R v Verdins & Ors (2007) 16 VR 269
46I accept that I should assess your moral culpability in a different way to someone who did not experience the unstable and chaotic early years that you did and that I reduce your moral culpability in accordance with the Bugmy principles. Separately, in assessing your moral culpability and the need for general and specific deterrence and just punishment, I have regard to your mild intellectual disability. That said, it is apparent that you understand the wrongfulness of your conduct.
47I take into account that it may be more difficult for you, or your period in custody as being more difficult by reason of your mental health issues.
48Your counsel submitted that since you were remanded in custody, you have made efforts to reconnect with your culture by participating in painting with the Torch organisation. You have also engaged with Restart, and the plan exists for you to live in Wonthaggi and receive assistance for three months once your sentence is finished. Furthermore, I am told that an NDIS package is being organised for you once you are released.
49You are motivated to reconnect with your children.
50Taking all matters into account, it is difficult to be any more than about your prospects of rehabilitation, although plans have been made to assist with your reintegration into the community.
51Your counsel's submission was that the period that you have served is a sufficient period and that I should impose a straight sentence. In the alternative, I should impose a combination sentence.
52Accordingly, I had you assessed by the Office of Corrections. Because of the further information in relation to your intellectual disability, they have indicated that a Justice plan would be necessary. Any further assessment in respect of the Justice plan would take another eight weeks.
53I have reflected on this matter and in circumstances where you are required to appear in the Magistrates Court next week and where your counsel will be submitting that a Community Correction Order is the appropriate sentence, I cannot see any useful purpose in imposing an order that would run alongside another order imposed in the Magistrates Court, if that is what the magistrate decides. That is not a matter for me. Furthermore, it would delay sentencing in this matter for another eight weeks and I am not convinced that in all the circumstances you would be a good candidate for bail given your history.
54I have in the end decided to impose a straight sentence of imprisonment in this matter.
55I have formed the view that some period of cumulation should be imposed for the control weapon offence having regard to the fact that it occurred entirely separately to the attempted armed robbery and occurred when you were on bail, which dictates that the default position is cumulation unless otherwise ordered. Of course, I must apply the totality principle but in the circumstances some period of cumulation is necessary.
56In the end I have decided on the following sentences:
57For the offence of attempted armed robbery, you are convicted and sentenced to a period of imprisonment of nine months.
58For the offence of possessing a controlled weapon, you are convicted and sentenced to a period of imprisonment of two months.
59For committing an indictable offence whilst on bail, convicted and discharged.
60For contravening a conduct condition of bail, one month.
61One month of the sentence for the possession of controlled weapon is cumulative on the sentence of nine months for the attempted armed robbery.
62That makes a total effective sentence of 10 months.
63I allow 270 days pre-sentence detention to be deducted from the sentence that I have imposed, which basically means you have in the order of one month to serve in this matter and then this matter will be concluded.
64Pursuant to s6AAA I indicate that but for your plea of guilty I would have imposed a sentence of 16 months with a non-parole period of 10 months. That is the 6AAA in this matter.
65So that is 10 months, 270 days pre-sentence detention. This sentence will finish in around 30 days or thereabouts.
66So, you can go to the Magistrates Court. I have done what I have done, and it is entirely a matter for the magistrate what happens from there.
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