Director of Public Prosecutions v Martin

[2018] VCC 954

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

AT BENDIGO
CRIMINAL JURISDICTION

CR-18-01049

DIRECTOR OF PUBLIC PROSECUTIONS

v

MATTHEW MARTIN

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JUDGE:	HIS HONOUR JUDGE GRANT
WHERE HELD:	Bendigo
DATE OF HEARING:	15 June 2018
DATE OF SENTENCE:	22 June 2018
CASE MAY BE CITED AS:	DPP v Martin
MEDIUM NEUTRAL CITATION:	[2018] VCC 954

REASONS FOR SENTENCE
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APPEARANCES:	Counsel	Solicitors
For the Director	Mr A Moore	OPP
For the Accused	Mr Timms	Cahills

HIS HONOUR:

1       Matthew Martin, you have pleaded guilty to one charge of damaging property, one charge of making a threat to inflict serious injury, one charge of aggravated burglary and one charge of armed robbery.  The maximum penalties for these offences are as follows:

·    Damage property – 10 years’ imprisonment;

·    Threat to inflict serious injury – 5 years’ imprisonment;

·    Aggravated burglary – 25 years’ imprisonment; and

·    Armed robbery – 25 years’ imprisonment.

2       The charges on the indictment relate to two incidents.  The victim of the first incident was your ex-partner, Samantha Bradley.  On 23 October 2017, at some time between 2.00 pm and 2.15 pm, you approached the front door of her residence in Strathdale, where she was present with her three children.  You were carrying an axe.  When Ms Bradley heard you approach, she went to her bedroom to hide.

3       You proceeded to verbally abuse her and used the axe to smash the front window of the house.  You also damaged the front door handle by hitting it with the axe.

4       You then used the axe to damage the bonnet and smash the front window of her car.  Whilst doing so you threatened to ‘cut her up’ if she did not let you see your children.  You drove away when Ms Bradley called the police.

5       The victims of the second incident were Miranda and Peter Sahinovic.  They were known to you.  You believed they were dealing drugs and would, therefore, have money in their house.  At approximately 7.40pm on 14 November 2017, you entered their residence in California Gully armed with a 60cm machete.  You encountered Ms Sahinovic, who was holding her six-week old granddaughter, in the lounge area of the house.  Her seven year old son was asleep in the lounge room, and her 19 year old daughter was also present in the house.

6       

You demanded to know where Mr Sahinovic was, and that Ms Sahinovic provide you with ‘the cash’.  You followed her into her bedroom where

Mr Sahinovic was asleep.  And while Ms Sahinovic was cornered between her bed and her wardrobe you swung the machete in her direction as well as that of her husband, who had woken up.

7       You stole a packet of cigarettes and approximately $800 cash in $50 notes from the side of the bed.  As you left the house, you told Ms Sahinovic that you would ‘gut (her) like a fish’, that you were coming back and that she was ‘lucky (you) didn’t cut her up’

8       This is serious offending.  In the first incident, you threatened to harm your former partner and used an axe to damage her home and her car.  You showed no concern for the impact of your behaviour upon her or upon the three children.  It must have been a frightening experience for them all.

9       

In the second incident you brazenly walked into the home of a family whilst armed with a machete.  You entered with the intention of stealing money.

Ms Sahinovic was holding her baby grand daughter when you confronted her.  You demanded cash and you followed her into her bedroom where her husband was asleep.  He awoke to be confronted by you armed with a machete.  You waved the machete about.  The victim’s 19 year old daughter fled the house screaming for help.  The victims lost approximately $800 cash.  Although the victims have not made statements about the impact of the offending upon them, I can safely conclude that they would have been terrified by your behaviour.

10      General deterrence is the paramount sentencing consideration in this case.  Just punishment and denunciation are also highly relevant.

11      You do have relevant prior convictions.  In April 2014, you appeared at the Bendigo Magistrates’ Court for offences that included unlawful assault and wilful damage.  You were convicted and released on a Community Corrections Order (CCO).  On 19 May 2016, you again appeared at the Bendigo Court for offences that included recklessly cause injury, burglary and theft.  You were also were dealt with for breaching your CCO.  You were sentenced to an aggregate imprisonment term of 90 days to be followed by another Community Corrections Order.  The new Community Corrections Order had conditions including drug treatment and mental health treatment.  Given this history, specific deterrence and protection of the community are also relevant sentencing considerations.

12      The serious escalation in your offending, your prior criminal history and your substance abuse issues all explain why I am guarded about your prospects for rehabilitation.  In his report, Mr David Ball, Forensic Psychologist, says that your management within the community presents a number of challenges related to your rising anti-social personality features and your previous substance addiction.

13      Mr Ball’s report sets out your background in some detail.  You are one of five children.  You described your upbringing as dysfunctional.  Your mother was a substance abuser who separated from your father when you were 7 years old.  You described her new partner as “the worst human” you had ever met.  You said that you left home at 14 and lived on the streets.  You left school during Year 9.  You told Dr Ball that you started drinking at 14 and that you were drinking at dangerous levels on a daily basis.  You used cannabis, amphetamines, and benzodiazepines in your teens and opiates from the age of 20.  You were using ice at the time of the current offending.

14      Even though you have come from a background of disadvantage and limited education you were able, for a significant period of your adult life to stay out of trouble.  You are now aged 32.  Apart from an appearance in court in 2005, for offences of unlicensed driving and driving a vehicle whilst impaired by a drug, you had, until 2014, lived your adult life without any significant trouble.  The explanation must lie in what you told Mr Ball, namely, that your first relationship offered a period of stability and that you were, during that time, in permanent employment.  There is perhaps some glimmer of hope for your future if, when you are released, you are able to remain drug free and obtain work.

15      There is not a lot that can be said in mitigation.

16      Your plea of guilty is significant.  It indicates an acceptance of responsibility for the offending.  It saves the victims from the stress and trauma associated with giving evidence and it saves the community the costs and expense associated with a criminal trial.  You will be given credit for all these matters.

17      I am required when sentencing you to apply the totality principle.  I must make sure that the total effective sentence is proportionate to the totality of the offending.

18      Finally, given the considerable overlap that exists between Charges 3 and 4, it is appropriate, as far as those two charges are concerned, to moderate any orders for cumulation.

19      

Will you please stand, Mr Martin?  On Charge 1, sentenced to 18 months’ imprisonment.  On Charge 2, 6 months’ imprisonment.  On Charge 3, 3 years and 6 months' imprisonment.  On Charge 4, 3 years and 6 months' imprisonment.  I order 6 months of the sentence on Charge 4 and 9 months of the sentence on Charge 1 be served cumulatively upon each other and upon the sentence imposed on Charge 3.  This makes a total effective sentence of

4 years and 9 months.  I fix a minimum term of 3 years and 3 months before you will be eligible for release on parole.  I declare 218 days’ pre-sentence detention.

20      Had you pleaded not guilty and been found guilty after a trial, I would have sentenced you to a total effective term of 6 years and 6 months with a minimum term of 5 years.

21      Yes, you can be seated there.  Is there anything, gentlemen?

22      MR TIMMS:  No.

23      HIS HONOUR:  No, thank you.  Mr Martin can be removed, thank you.

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