Director of Public Prosecutions v Martin
[2022] VCC 462
•7 April 2022
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
CR-21-00623
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| MADISON MARTIN |
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JUDGE: | HER HONOUR JUDGE QUIN | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 2 March 2022 | |
DATE OF SENTENCE: | 7 April 2022 | |
CASE MAY BE CITED AS: | DPP v Martin | |
MEDIUM NEUTRAL CITATION: | [2022] VCC 462 | |
REASONS FOR SENTENCE
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Catchwords:
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APPEARANCES: | Counsel | Solicitors |
| For the Director of Public Prosecutions | Ms L. Watson | OPP |
| For the Accused | Ms M. Walker | Mel Walker |
HER HONOUR:
1
Madison Martin, you have pleaded guilty to the following charges being a prohibited person possessing a firearm, reckless conduct endangering life, home invasion and Common Law assault. The maximum penalty for the firearm offence is 1200 penalty and/or 10 years' imprisonment. Reckless conduct endangering life 10 years, home invasion 25 years and assault
five years.
2 Additionally, home invasion is a category 2 offence under the Sentencing Act. The Act, whereby the court must impose the custodial order unless an exception applies and it was not submitted that you came under any exception.
3 The circumstances of your offending are set out in the summary of prosecution for plea dated 1 March 2022, Exhibit A and can be summarised as follows.
4
At the time of offending, you were aged 26 and in a relationship with the
co-accused, Jessica Parker, aged 20. Emily Roberts was in a relationship with Adam White and was spending the majority of her time at his house in Strathfieldsaye, that being the Strathfieldsaye property.
5
Your offending occurred in the context of a financial dispute over the purchase of a car between you and Emily Roberts. She still owed you $200 and was struggling to pay the balance amount and although she had possession of the car she was unhappy with the condition of it. This dispute included you threatening her prior to these events over Facebook Messenger
(see paragraph 7 of Exhibit A).
6 On 23 June 2020 at about 6.20 pm, you and Jessica Parker attended the Strathfieldsaye property. Adam White and Emily Roberts heard loud banging on the front door and a male voice yelling, 'You owe me money, where's me fucking money?' Shortly after, a single short from a shotgun was discharged through the front door. That's the conduct relation to reckless conduct endangering life.
7
You then kicked in the front door and you both entered the lounge. That is Charge 3, home invasion. At this time, you were holding a double-barrel
shorn-off shotgun. That is Charge 1, being a prohibited person possessing a firearm.
8 You both yelled at Emily Roberts as Adam White had fled into the bedroom. Jessica Parker started going through things that were lying in the lounge. Jessica Parker encouraged you to assault Emily Roberts, telling you to smack her in the mouth and to shoot her foot off. You had demanded the rest of the money and raised the gun and pointed it into Emily Roberts' eyes and then to her feet. That is Charge 4, common assault.
9 Emily Roberts saw a further person standing at the front door whilst this was happening. Though that person has not been identified.
10 Ms Roberts received a phone call from her mother whilst you were at the Strathfieldsaye property. Her mother could hear a male and female voice yelling at Emily and she told her mother that she could not talk because she had a gun to her head. You demanded the phone by Emily Roberts refused to provide it.
11 Shortly after you both left the Strathfieldsaye property with you threatening Emily Roberts that you would be back. Soon thereafter, Triple 0 were called.
12 When police attended the Strathfieldsaye property they observed a single gunshot hole to the front door, which had come off its hinges. Shotgun pellet impact marks and pellets on the fridge, the door frame and plaster wall and remnants of a shotgun wad were found in a dog bed and on top of the clothes basket on the TV unit, which was adjacent to the door.
13
At the time of this offence taking place, you were subject to a parole order with an electronic monitoring bracelet. You had been released on parole on
28 October 2019 and data captured on your bracelet revealed you leaving your property and being in the vicinity of the Strathfieldsaye property at the relevant time and then returning to your home.
14 In the early hours of the next day you and Jessica Parker were arrested at your home in Eaglehawk. A search warrant was executed and police located various items, including a sawn-off shotgun with black tape on the handle, shotgun ammunition and a CCTV hard-drive. CCTV footage taken from your house revealed you both getting in a car at approximately 5.46 pm the day before, consistent with you commencing your trip to the Strathfieldsaye property.
15 In your interview you admitted you attended the Strathfieldsaye property and went there to find out what was going on because Roberts had purchased a car from you and would not pay you the remaining $200.
16 You maintained you went there on your own. You said you walked up the driveway and that Roberts was going off her head. So, you turned around, got in your car and went home. You said you did not go into the house.
17 A ballistics expert examined the shotgun and ammunition seized from your address as well as the wad components from the crime scene. The shotgun seized was a 12-gauge Boito brand under and over break open shotgun and was in working order. There were partly burnt grains of propellent visible within both bores. The wad components from the crime scene were consistent in size and shape as having originated from the 12-gauge cartridge. Tests determined that if this seized shotgun was used, the damage caused to the front door would result from a firing distance of less than 1 metre.
18 DNA samples were taken from the trigger inside of trigger guard of the shotgun and from the stop grip of the shotgun. Both Jessica Parker's and your own DNA was linked to that gun.
19 On 25 February 2022, you indicated you would plead guilty to the offences on the plea indictment.
20 I received victim impact statements from both Adam White and Emily Roberts, Exhibits C. and D, the latter of which was read by the learned prosecutor. Clearly, both of them were subjected to a terrifying ordeal. Adam White has had nightmares and had to move out of his home as a consequence of this event, conscious that you knew where he lived.
21 Emily Roberts speaks of this incident as causing her great stress and concern about being home alone. She says,
'I've tried to get over it but for so long I just found everything I did was so hard because all I could think of was, I couldn't even buy a car without something horrible happening. Socially, everything is harder. The anxiety and panic holds me back. I'm too scared and paranoid to socialise with people. I can't trust people anymore. The constant fear, even in my own home, knowing that it didn't even happen in my home but always feeling unsafe'.
22 This ordeal has had a particularly significant impact on Emily Roberts, all over a considerably small amount of money.
23 As to your personal circumstances, I received a report from Laura Fleming, Forensic Psychologist, dated 30 March 2022, Exhibit 2 and submissions from your counsel, Exhibit 1, that set out your personal circumstances.
24 You are currently aged 28. You are the oldest of three children and your parents live on a farm outside Bendigo. Your childhood was happy and uneventful, though, as you progressed through your teenage years the relationship with your family deteriorated. You gave up school and you commenced living with your grandmother.
25 That arrangement was short-lived and you commenced couch surfing. This was accompanied by increased drug use and offending, with your first convictions recorded in June 2012, when you were about 18 years of age.
26 You have a daughter with Jessica Parker, though have had limited contact with her, given your periods in custody since her birth.
27 You reported you currently have a good relationship with your parents with regular contact on video and I note that your mother participated in these court proceedings. You do not, however, havecontact with your siblings, given these events occurred at a time when you were residing with your sister.
28
You counsel indicated the circumstances of your offending as set out in the prosecution opening were accepted. Despite some of the inconsistencies in the account you provided to Ms Fleming, as is apparent in the statement of
Jessica Parker, you were both under the influence of ice when this offending occurred. Such is consistent with material in the psychological report indicating the paranoia that you have exhibited.
29 Various psychological tests were conducted by Ms Fleming, who opined that at the time of this offending you had symptoms consistent with a stimulant use disorder, post-traumatic stress disorder, autism spectrum disorder and ADHD. She was of the opinion that in particular, the latter two diagnoses required further investigation.
30 Your counsel conceded that Verdins did not apply to your circumstances or conditions. You have a significant criminal history.
31 On 8 June 2021, you were before the Bendigo Magistrates' Court for dishonesty and firearm offences and sentenced to 68 days in custody or time served.
32 You were soon back before the court on 29 June 2012 for drug violence, driving and firearm offences and placed on a Community Corrections Order, which was breached and you ultimately were detained in YTC.
33 Soon after your release from YTC you were before the County Court at Bendigo on 17 December 2013, for offences that showed a similar pattern to those committed before but also these matters before me. That offending involved the use by you of a firearm to threaten an associate related to the quality of drugs that he had supplied to you.
34
You were sentenced to a term of imprisonment and a CCO, the latter which you failed to complete. Your pattern of offending has continued with you most recently being convicted of drug, firearm and driving offences at
Bendigo Magistrates' Court on 29 August 2018, where you were sentenced to two years, three months with a non-parole period of 18 months.
35 As noted in the summary, you were on parole in respect of that sentence when you committed this offending.
36 I take into account your plea of guilty. Although your plea was only forthcoming at a late stage in these proceedings, there is a utilitarian value in the plea. This is particularly so, given the COVID situation and the impact that this has had on the court and the administration of justice in this State.
37 Your plea has facilitated the course of justice and is illustrative of your acceptance of responsibility for this offending. Your plea has meant that witnesses have not been required to re-live this traumatic incident as no witnesses were required to give evidence. I accept your plea is also indicative of some remorse.
38 I take into account the COVID situation makes conditions in custody much more difficult. Prisoners are more restricted in their movements and there are more frequent lockdowns imposed. Face to face visits are limited and the rehabilitation programs are more restricted. It is uncertain how long these restrictions will continue or be maintained.
39 Given your criminal history and drug use your rehabilitation prospects are guarded. Judge Carmody in 2013 referred to the opinion of the psychologist that you were at risk of developing serious psychiatric problems if you continued to use ice or cannabis and when sentencing you he said this, 'That is the key for you. If you use drugs you become psychiatrically unwell and you then offend and you cannot control your impulses'. That is at paragraph 35.
40 Your involvement in criminal activity since then has unfortunately reflected that that statement has come to fruition. You are still relatively young and there is concern you will become institutionalised, given the periods you have spent in custody over the last decade and your ability to comply with orders in the community.
41 You do, however, retain the support of your parents and Ms Fleming, upon relevant testing, opined that as you presented with multiple historical and clinical factors associated with an increased risk of violence, that you fell within the moderate to high-risk category for future violent behaviour. She indicated, however, the primary factors noted to elevate his risks are amenable to treatment and therefore with appropriate intervention his risk profile could be further mitigated. Specifically, this relates to treatment and management of his (probable) ASD and PTSD, and abstinence from substance misuse.
42 All right. I think I was up to where I was talking about Ms Fleming's view as to the level of risk assessment but that could be decreased if you properly engage with relevant supports.
43 It is clear you need assistance in a number of areas and that engagement by you to address drug and mental health issues will assist you in reducing your risk. To emphasise, such engagement by you is essential to your rehabilitation prospects.
44 The seriousness of this offending, particularly home invasion, is reflected by its maximum penalty of 25 years and categorisation of the offence as a Category 2 offence under the Sentencing Act.
45 Further, it is a serious example of reckless conduct endangering life. There is a high level of damage, with the impact of the shooting at the closed door, as revealed in the photographs of the scene in the depositions. It was fortunate that those inside were not struck or injured, given the confined space. The use of a firearm and unprovoked entry into a private home in the circumstances of this offending can only be described as terrifying for the victims.
46 You were on parole at the time of the offending and your actions are difficult to comprehend, given the small amount of money involved and is probably indicative of the impact of substance use on you at the time.
47 Your history reveals a disposition for weapons and a preparedness to use them in a threatening and/or a reckless manner. Obviously, firearms and drug use are a dangerous combination. Community protection, just punishment, general deterrence and denunciation have an important role to play in offending of this kind, as does specific deterrence. It is important given your history particular for similar kind of offending as a matter to take into account.
48
It was conceded principles apparently did not apply between you and
Ms Parker, given your different roles in the offending and your criminal history. Both counsel appropriately submitted the only sentence I could impose was a term of imprisonment with a non-parole period.
49 I am conscious that you have now served the full term previously imposed, serving the remainder of the sentence once you were remanded. That factor, as well as the nature of this offending, is relevant to the question of totality.
50 In respect of Charge 1, a prohibited person possessing a firearm, you are convicted and sentenced to a term of imprisonment of 18 months. In respect of Charge 2, reckless conduct endangering life, you are convicted and sentenced to a term of imprisonment of four years.
51
So, Charge 1, 18 months, Charge 2, reckless conduct endangering life
four years, Charge 3, home invasion, three years and the Common Law assault, six months. One year of the sentence imposed on Charge 3 will be cumulative, making a total effective sentence of five years with a non-parole period of three.
52 Pursuant to s6AAA of the Sentencing Act, if Mr Martin had not pleaded guilty to this matter, I would have imposed a sentence of seven years and a minimum term of five years and pre-sentence detention. Is that 416 days?
53 MS WATSON: Yes Your Honour.
54
HER HONOUR: All right. Thank you. And I want to thank you particularly
Ms Walker for your assistance in having this matter resolved. Thank you.
55 MS WALKER: As the court pleases.
56 MS WATSON: Your Honour can I please just add, there is a notice of related summary offences for the breach of parole offence.
57 HER HONOUR: No it never happened.
58 MS WATSON: I have an endorsed copy from the County Court.
59 HER HONOUR: Did it happen. I thought that in the end it couldn't work and so the Crown decided not to proceed with it.
60 MS WATSON: Certainly Your Honour.
61 HER HONOUR: Isn't that right Ms Walker?
62 MS WATSON: I Assume it may have been something I missed given I was not in the circuit myself.
63 HER HONOUR: Yes that's all right. I know originally that was planned to be part of it. But I think that when we were in Bendigo it seemed to be all too difficult and Mr Cordy indicated that the Crown wouldn't be proceeding with it.
64 MS WATSON: Certainly Your Honour. There were some orders filed as well.
65 HER HONOUR: Yes the relevant ancillary orders I'll make in terms of those that were filed. Thank you.
66 MS WATSON: As the court pleases.
67 HER HONOUR: So if you two could keep in touch with my associate and I will redeclare the sentence at a time when we can all get back together again. All right.
68 MS WATSON: As the Court pleases.
69 MS WALKER: As the Court pleases. Thank you.
70 HER HONOUR: Thank you.
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