Director of Public Prosecutions v Maroney

[2015] VCC 1595

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

AT MELBOURNE

CRIMINAL DIVISION

Case No. CR-15-01418

DIRECTOR OF PUBLIC PROSECUTIONS

v

ASHLEY MARONEY

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JUDGE:	Grant
WHERE HELD:	Melbourne
DATE OF HEARING:	10 November 2015
DATE OF SENTENCE:	10 November 2015
CASE MAY BE CITED AS:
MEDIUM NEUTRAL CITATION:	[2015] VCC 1595

REASONS FOR SENTENCE
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APPEARANCES:	Counsel	Solicitors
For the DPP	Mr J. Henderson	OPP
For the Accused	Ms D. Mitchell	Ann Valos Criminal Law

HIS HONOUR:

1       Ashley Maroney, you have pleaded guilty to one charge of armed robbery and one charge of possess drug of dependence.  The maximum penalty for armed robbery is 25 years imprisonment.  The maximum penalty for possess drug of dependence is five penalty units.  I have heard a summary of the offending.  It is not my intention to repeat the whole summary.  It has been tendered as Exhibit A in the plea proceedings.

2       Briefly, both of the offences occurred on 28 April 2015.  The victim in this matter attended the CS Square in Caroline Springs to withdraw money from the Commonwealth Bank ATM.  He withdrew $70.00 and placed it in his wallet.  Whilst walking back to his car, you approached the victim from behind and grabbed him on the back.  You were wearing a hooded jumper with the hood up.  You produced a 24cm kitchen knife and said, “Give me what you have.  Do you have money?”  The victim removed $90.00 cash from his wallet and gave it to you.  You also asked if he had a mobile phone.  The victim handed you his iPhone 5S.  The victim sustained two small cuts to his finger after you pushed the knife towards him and he pushed it away.  You ran to a car that was parked nearby and got into the passenger’s seat.  The car drove off.  A witness noted the number plate of the car and this led the police to a house where they located three men who admitted being present in the vehicle.  These men all identified you as the offender.  The police attended your home in St Albans and arrested you.  You assisted the police to recover the clothing worn and the weapon used in the armed robbery.  Police located a small bag of cannabis when searching your jacket.  This explains the second charge of possess drug of dependence.  When interviewed you made full admissions.

3       Mr Maroney, this is serious offending.  On the day of the offence, you met up with three other men who were apparently heroin users.  At that time, you were using methylamphetamine and alcohol.  The other men said they needed money to buy drugs and you told them you had committed an armed robbery in the past.  You were, to use your expression, “sucked into doing it”. You were driven to the area and, to use your words, “waited for the right person to rob.”  You chose a soft target.  In the course of the armed robbery, you pushed the knife towards the victim causing him to push it away.  He sustained two small cuts on his finger.  I accept that it must have been a terrifying experience for the victim.

4       Mr Maroney, with this type of offence general deterrence, just punishment and denunciation are usually paramount sentencing considerations.

5       You have relevant prior convictions.

6       In 2008, you appeared at the Sunshine Magistrates Court for various offences including attempted aggravated burglary, recklessly cause injury and assault with a weapon.  You were placed on a Community Based Order (CBO) with conditions that included participation in a Justice Plan for a period of 12 months.  In 2009, you were fined in the Magistrates Court for offences that included an unlawful assault.

7       In 2010, you were dealt with in the County Court for offences of armed robbery (2 Counts); attempted armed robbery; false imprisonment; criminal damage; burglary and theft.  These offences were committed in February 2009 and breached the earlier Magistrates Court community based order.  You were sentenced to a total effective sentence of three years imprisonment on the charges of armed robbery and attempted armed robbery.  Two years and 198 days of the sentence was suspended for three years.  A period of 167 days was declared as pre-sentence detention.  On the remaining charges, you were released on a community based order for two years with a condition to participate in a justice plan as specified.

8       On 28 March 2015, you were sentenced in the Magistrates Court for dishonesty offences and breaching bail.  These offences were apparently committed in late 2014.  You were convicted and released on a Community Corrections Order (CCO) for 18 months with a condition to participate in the services specified in a justice plan.  It is an aggravating feature of this armed robbery that it occurred about five weeks after you were placed on the CCO.

9       Mr Maroney, given this prior history, specific deterrence and protection of the community are relevant sentencing considerations.  

10      There are two significant matters in mitigation.  

11      First, you have an intellectual disability.  You have been a registered client of Intellectual Disability Services since mid-2008.  In 2009, Dr Sheryl Monteath, clinical neuropsychologist, assessed your intellectual functioning as being in the “extremely low” range with no difference between verbal and performance based skills.  “Extremely low” IQ is defined as being 69 and below.

12      In addition, you have had a long history of admissions to various mental health facilities.  In a report for the Magistrates Court dated November 2014, it was noted that the Victorian Mental Health Database recorded past diagnoses of acute stress reaction, generalised anxiety disorder and mental and behavioural disorder due to alcohol use dependency syndrome.

13      There can be no doubt that substance abuse is a very relevant factor in the offending before me.  However, the material and reports provided by your counsel, satisfy me that your intellectual disability and mental health problems are also relevantly connected to your offending.  In a report tendered to the County Court in the 2010 proceedings, Dr Mark Ryan, consultant psychiatrist said that you presented as “a guileless, impressionable individual with readily apparent intellectual limitations.”  He said that you were more likely to be easily led than other people.  In a report dated 2 November 2015, Ms Carla Lechner, Consultant Psychologist stated that you presented “with multiple problems, including depression, anxiety, substance abuse and a mild intellectual disability.”

14      She opines that these factors undermine your judgement, decision making and reasoning skills.  She refers to you being easily led and notes, “It would appear that a combination of drug intoxication, a desire to impress his new friends and his general cognitive immaturity all contributed to his poor decision making.”  It does seem that your “friends” were prepared to exploit your vulnerability for their own ends.  I note that after the armed robbery, they took the money and they kept the phone.

15      I am satisfied the Verdins principles operate to reduce your moral culpability and moderate the weight to be given to deterrence.  I also accept the need to moderate sentence because a gaol term will be more onerous for you than it would be for someone without your disabilities.

16      However, your prior history, your propensity for impulsive behaviour and being influenced by others, your relapse into drug and alcohol abuse in 2014, and the commission of this armed robbery whilst on a community corrections order, make me extremely guarded about your prospects for rehabilitation. This finding requires me to give appropriate weight to the principle of protection of the community. 

17      The second matter in your favour is your early plea of guilty.  You fully cooperated with the police and made full admissions.  You have accepted your responsibility and you are remorseful.  The victim has not had to go through the trauma of giving evidence and you have saved the community the cost associated with a criminal trial.  You will be given appropriate credit for all these matters.

18      Mr Maroney would you stand please.

19      You will be convicted on the charge of armed robbery and sentenced to a term of three years and nine months imprisonment.  I order you serve two years and three months before you will be eligible for release on parole.  I make a declaration that you have served 196 days pre- sentence detention.

20      The charge of possess drug is proved and dismissed.

21      Had you pleaded not guilty to the armed robbery and been found guilty after a trial, I would have sentenced you to a term of five years with a minimum of three years and nine months.

22      I make the disposal order sought by the prosecution.  Are there any other matters?

23      MS MITCHELL:  No, Your Honour.

24      HIS HONOUR:  Yes, thank you.  You can remove the prisoner.

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