Director of Public Prosecutions v Markovski
[2013] VCC 1198
•20 August 2013
| IN THE COUNTY COURT OF VICTORIA | Revised Not Restricted Suitable for Publication |
AT MELBOURNE
CRIMINAL DIVISION
Case No. CR-13-00517
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| DANNY MARKOVSKI |
---
JUDGE: | HIS HONOUR JUDGE DEAN | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | ||
DATE OF SENTENCE: | 20 August 2013 | |
CASE MAY BE CITED AS: | DPP v. Markovski | |
MEDIUM NEUTRAL CITATION: | [2013] VCC 1198 | |
REASONS FOR SENTENCE
---
Subject:
Catchwords:
Legislation Cited:
Cases Cited:
Sentence:
---
APPEARANCES: | Counsel | Solicitors |
| For the DPP | Ms N. Cohn | OPP |
| For the Accused | Mr B. Lindner | Ann Valos Criminal Law |
HIS HONOUR:
1 Danny Markovski, you have pleaded guilty to two charges of armed robbery, contrary to s.75A(1) of the Crimes Act 1958. The maximum penalty for that offence is 25 years' imprisonment.
2 You pleaded guilty at committal mention and I have taken your early plea into account in your favour in mitigation of sentence.
3 You have admitted an extensive criminal history, dating to 1997. You have, by my reckoning, nine prior convictions or findings of guilt for possession of unlawful weapons including firearms. You also have prior convictions or findings of guilt for offences of violence and other offences of dishonesty. At the time of your offending in this case you were serving a suspended term of imprisonment.
4 The prosecution opening was read to the court and tendered in evidence and your offending may be summarised as follows –
5 On 22 December 2012, you entered the Soul Pattinson Pharmacy in Hoppers Crossing, armed with a black homemade handgun. You demanded cash from an employee and threatened to shoot her. You also demanded the prescription drug, Xanax, from another employee. After taking approximately $500 from the till and two packets of Xanax, you left the shop.
6 On 25 December 2012, you entered the pharmacy at the Wyndham Health Care Clinic, armed with a homemade handgun and a samurai sword. You pointed the gun at an employee and demanded Xanax and money. You were given five or six boxes of Xanax and you then threatened to shoot one of the female staff. You were arrested by investigating police shortly after leaving the shop and when interviewed by them, you denied your involvement in either of the offences.
7 Your offending are serious examples of a serious offence and the sentence I impose must be calculated to deter you and others from offending in this way. Armed robberies on pharmacies are a prevalent offence and the sentence I impose must also be calculated to protect the community from offending of this type.
8 I now turn to your personal circumstances. You were born on 23 October 1978 and are now aged 34. You were born in Sydney, but at a young age your family returned to Macedonia, before returning to Melbourne when you were six years old. Your childhood was seriously disrupted as a result of the physical abuse of you by your father. You left school in Year 10 and quickly developed a poly substance abuse disorder in response to a depressive illness, in all probability caused by the abuse of you by your father. Your work history has been interrupted, although you did work for Post Logistics for a period of 18 months as a storeman.
9 I have received in evidence three medical reports in relation to your psychiatric health, detailing the effects your poly substance abuse disorder has had upon you. I accept that you have experienced episodes of psychosis and your depressive illness has intensified and you now require ongoing treatment and counselling. You are currently receiving anti psychotic medication to stabilise your mood state and you are also in receipt of Methadone. Plainly, your offending in this instance was to obtain prescription medication to feed your drug addiction.
10 Your counsel did not submit that the principles in R v. Verdins (2007) 16 VR 269 were engaged in your case. However, I accept that you will experience a greater degree of hardship in prison than would otherwise be the case because of your depressive illness and poly substance abuse disorder. I also accept that you will require ongoing treatment and counselling on your release.
11 Your mother and sister are supportive of you and visit you in prison, and they will also provide you with this support upon your release. In my opinion, any assessment of your prospects for rehabilitation must, however, be guarded. In the result, the sentence of the court is as follows:
12 In relation to Charge 1, a charge of armed robbery, you are convicted and sentenced to be imprisoned for three years and six months.
13 In relation to Charge 2, a charge of armed robbery, you are convicted and sentenced to be imprisoned for three years and six months.
14 I order that one year and six months of the sentence on Charge 2 be served cumulatively on the sentence on Charge 1.
15 This makes for a total effective term of imprisonment of five years. I order that you serve three years' imprisonment before becoming eligible for release on parole.
16 I declare that you have served 237 days pre-sentence detention, not including today.
17 But for your plea of guilty, I would have imposed a total effective term of imprisonment of six years and fixed a non-parole period of four years.
18 MS COHN: Your Honour?
19 HIS HONOUR: Yes?
20 MS COHN: I believe it is agreed that it is 238 days, rather than 237.
21 HIS HONOUR: Not including today?
22 MS COHN: Not including today.
23 HIS HONOUR: Is that correct, Mr Lindner?
24 MR LINDNER: Including today it is 238.
25 HIS HONOUR: Yes, that is what I thought.
26 MR LINDNER: What Your Honour said is correct.
27 HIS HONOUR: Yes. It is 237, not including today. Yes, thank you. Yes, I have made the ancillary orders. Is there anything further?
28 MR COHN: No, Your Honour.
29 MR LINDNER: Just the ancillary orders, it is a forfeiture order, were there any others?
30 HIS HONOUR: A disposal order and forfeiture order.
31 (Disposal order signed and acknowledged.)
32 (Forfeiture order signed and acknowledged.)
33 MR LINDNER: If Your Honour pleases, thank you.
34 HIS HONOUR: All right. We will adjourn till 9.30.
- - -
0