Director of Public Prosecutions v Mauldon
[2017] VCC 463
•24 April 2017
| IN THE COUNTY COURT OF VICTORIA AT BALLARAT AND MELBOURNE CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
Case No. CR-16-01223
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| STEVEN MAULDON |
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JUDGE: | HIS HONOUR JUDGE TAFT | |
WHERE HELD: | Ballarat and Melbourne | |
DATE OF HEARING: | 30 and 31 January 2017 (Ballarat) | |
DATE OF SENTENCE: | 24 April 2017 | |
CASE MAY BE CITED AS: | DPP v Mauldon | |
MEDIUM NEUTRAL CITATION: | [2017] VCC 463 | |
REASONS FOR SENTENCE
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Subject:
Catchwords: Armed robbery, burglary, theft, firearms offences – serious example of armed robbery – targeted carjacking of luxury vehicle
Legislation Cited:
Cases Cited:
Sentence: Imprisonment for 7 years and 9 months with non-parole term of 5 years and 9 months
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Ms T. Saville | |
| For the Accused | Ms C. Duckett |
HIS HONOUR:
1 Steven Mauldon, on 29 October 2015 at Latrobe Valley Magistrates’ Court, you were sentenced to a term of imprisonment of 77 days and a 24 month community correction order. The offences for which you were sentenced included a charge of being a prohibited person using a firearm, making a threat to kill and contravening a Family Violence Intervention Order. The term of 77 days was reckoned as pre-sentence detention already served. It was your first actual term of imprisonment. You were 24 years old.
2 After leaving prison, you had nowhere to live, your personal relationships were torrid and unravelling and you kept company with other offenders. Within days you offended and were ultimately charged with possession of a firearm, theft of a motorbike and other matters.
3 Some weeks later you offended again and it is those offences which bring you before this court. They are most serious indeed.
4 In the early hours of Sunday, 27 December 2015, GM arrived home, having travelled from Highpoint Shopping Centre to Alfredton. He was travelling with his wife and 13 year old daughter. GM was the owner of a 2015 BMW sedan. CCTV footage shows a dark-coloured Holden utility closely following the BMW.
5 Upon arriving home, GM parked his car in the lock-up garage and left the roller door open while he and his daughter unpacked the car. About three minutes after arriving home, you and an unknown male entered the garage and confronted GM. Your face was covered and you were armed with a double-barrel firearm. You held the shotgun close to GM’s chest and said “Give me your keys or I will shoot you”. GM handed over the keys and you then demanded his wallet which contained numerous credit cards. Before leaving, you told GM not to call the police or you would come and get his daughter. That conduct founds Charge 1 on the indictment, being armed robbery.
6 Further CCTV footage shows the BMW leaving the street in which GM lived. It was travelling in convoy with the Holden utility. When arrested on 12 February 2016, you were in possession of the BMW and other items belonging to GM.
7 At about 2.50am on 27 December 2015, you attended Fountain Gate Shopping Centre and made two attempts to withdraw money from ATMs using the credit cards stolen from GM. The transactions were not successful. That conduct founds Charge 2, being attempted theft.
8 On 11 February 2016, you attended a residential address in Skye with other unknown offenders. A nearby resident noticed a new model white coloured BMW in the driveway. Entry to the residence was forced by kicking in the front door. The entire house was ransacked with drawers, shelving and beds upturned. Security cameras had either been smashed or repositioned. A number of power tools, hunting items, iPads, laptop computers and other items were stolen. Entry was also gained to a shed in which a gun safe was located. You used an angle grinder belonging to the victims to open the gun safe. The eleven assorted firearms and ammunition were stolen. That conduct founds Charges 3 and 4 on the indictment, being burglary and theft.
9 You were arrested on 12 February 2016 and found in possession of seven of the firearms which had been stolen from Skye. They were located in the BMW which you had previously taken. You are a prohibited person pursuant to s.3 of the Firearms Act 1996 as a result of you having served a term of imprisonment for a number of indictable offences.
10 At the time of your arrest, you were temporarily staying at a house in Lang. A search warrant was executed at that address and a silver coloured handgun was located, together with 12 grams of methylamphetamine and $5,500 cash, which is the subject of an uplifted summary charge of dealing with property suspected of being the proceeds of crime. You have entered pleas to the possession of an unregistered general category handgun and to trafficking in a drug of dependence, namely methylamphetamine. Those offences are reflected in Charge 6 and Charge 7 on the indictment.
11 After your arrest, you were conveyed to Dandenong Police Station and exercised your right to silence.
12 On 13 July 2016, the matter resolved and it is not in dispute that the resolution was at the earliest time and must reduce any sentence to be imposed upon you.
13 The victim, GM, has provided a Victim Impact Statement. Unsurprisingly, he states that he is severely traumatised and, after initial shock, fear set in. He states:
“Every time there was a mildly loud sound, doorbell rang, me and my family would be in fear. We still remain anxious throughout our daily activities and very scared in our own house. The worst is the fear and stress in regard to the threat that was made in relation to my daughter. I was and I am very concerned for her physical and mental wellbeing. She had been suffering from nightmares for about three months and she is still unable to sleep alone in her room.”
14 Your conduct represents a serious example of the offence of armed robbery. In the early hours of the morning, you entered a private home, having targeted a luxury car which you tracked over a long distance. You brandished a double-barrel shotgun and threatened to harm GM’s 13 year old daughter if he called police. The armed robbery was carefully planned. Your conduct was terrifying.
15 Some six weeks later, you attended the residential address at Skye. You clearly had prior knowledge that firearms were held at the premises and, in a targeted manner, you forced entry to the house, ransacked the premises and used an angle grinder to extract the firearms from the gun safe.
16 Your co-offenders have not been identified and charged.
17 I turn to your personal circumstances.
18 You are now 25 and have admitted your criminal record which indicates that you have been before the courts on six previous occasions, having been charged with burglary, theft, dishonesty offences, possessing controlled weapons without excuse, trafficking methylamphetamine, making threats to kill, assault with a weapon and other offences. You have previously been given an opportunity to rehabilitate yourself through an intensive correction order and through Community Correction Orders. The gravity of your offending is escalating sharply.
19 You are the youngest of four children and were supported by your mother, your aunt and uncle, a former girlfriend and school friends in court. Your parents separated when you were some three or four years old. Your mother has a 25 year intervention order against her ex-partner. The duration of the order reflects the high level of domestic violence in the family home. A psychological report dated 13 October 2015 authored by Simon Candlish, psychologist, was tendered. You told Mr Candlish that your father had been diagnosed with schizophrenia and that he would belt, punch and kick family members including yourself often without any warning and in the absence of provocation. You recalled an occasion when your father kicked you in the face whilst in the backyard “for no reason”. You also reported that many members of your father’s extended family were addicted to heroin and involved in criminal activity.
20 After your parents’ separation, your father sought to track the family down. In order to evade him you moved from home to home and from school to school. At primary school you were seen as a troublemaker and were subject to bullying. You were sent to a clinic that specialised in behavioural problems. You finished your primary education at Oatlands Primary School in Narre Warren. Upon commencing Year 7 at high school you were expelled and having enrolled in another school you told Mr Candlish that your school principal told you “you fuck with me, I’ll destroy your life”. You indicated that the principal’s comments were fair and effective. Somewhat surprisingly, your counsel indicated that you formed a close relationship with your principal who, together with another former teacher, visited you in Barwon prison in late 2016.
21 In Year 8 you left school. You also left home. You stayed at an older male friend’s home for two years and then found rental accommodation. You completed two years apprenticeship as a painter and, for the most part, you have worked in a scrap metal company where you ultimately became operations manager. You worked hard and remained with this company for four years before quitting in May 2015. During those teenage years you were close to your maternal grandfather and two maternal uncles who have since died.
22 Your personal relationships have been chaotic. In 2008, you met Caitlin Aubrey and became engaged to her in 2010 before separating towards the end of 2013. On 30 December 2012 you made a suicide attempt by ingesting Endone, sleeping tablets and Jim Beam. By that stage you had accumulated a high level of debt which you estimate to be in the order of $100,000. You had spent money on an expensive car and had significant outstanding sheriff fines.
23 Having separated from Ms Aubrey, you started a relationship with another friend whom you had known since you were 14. She had two children from a previous relationship and, in May 2015, became pregnant to you. A baby daughter was born on 28 January 2016. The relationship, which was canvassed in some detail by your counsel, can only be described as tumultuous and destabilising.
24 Although you drank alcohol from the age of 14, you gave up drinking in 2014. However, you commenced using ice in 2014 and have used it sporadically when depressed. It causes you to behave unpredictably and irrationally. At the time that you offended in the matters before this Court, you were using ice regularly by smoking that substance and trafficking it. It was said in court that you possessed weapons in the context of your drug trafficking.
25 In addition to the report from Mr Candlish, two further reports were provided authored by Shagufta Riaz, clinical psychologist, respectively dated 22 June 2013 and 1 September 2013. Ms Riaz considered that you met the diagnostic criteria for Post-Traumatic Stress Disorder and chronic depression.
26 During the plea in mitigation I expressed a level of dissatisfaction with the psychological reports and expressed the view that a psychiatric report would be most helpful. Accordingly, this matter was adjourned on 31 January 2017 in order that such a report could be obtained.
27 On the resumed date, a psychiatric report authored by Dr Prashant Pandurangi, dated 10 April 2017 was tendered.
28 Dr Pandurangi asked you about the armed robbery, which you said was “difficult to explain”. You said that although you had pleaded guilty, you were “not sure” if the court cared that you “didn’t do it”. You said that you were the only person charged for the offences and that you were being “done for it”. Dr Pandurangi reported that you alluded to being present at the time of the robbery but did not want to fight the charge to protect the co-offender.
29 In respect to the burglary and firearm charges, you stated that you had paid for the guns but were charged with “break and enter”. You suggested that you were using ice at the time. You said that people would bring various items, including guns, to pay for the drugs.
30 It is apparent that you are reluctant to accept full responsibility for the offending for which you have pleaded guilty. While your plea contains a significant utilitarian benefit, it cannot be said that you display great insight or a significant level of remorse for your conduct. That must qualify any assessment of your future prospects of rehabilitation.
31 It is helpful to cite the opinion expressed by Dr Pandurangi, which is in these terms:
“(48)From the available information and our interview, his formative years have been characterised by witnessing and being victim of severe domestic violence perpetuated by his father and which eventually led to separation of his parents. He displayed attention difficulties and severe behavioural disturbances as early as primary school, which were probably reflective of his home environment. He reported experiencing social ostracism at school, which clearly had a profound effect on his self-esteem, form relationships and ability to deal with stress. The psychological assistance which he was provided, had a modest effect on his behaviours and he eventually developed a resentful attitude to it. He had limited education and his behavioural problems led to an early exit from education. Despite these difficulties, he had gained meaningful employment through his life and that seems to have provided him with a degree of self- confidence.
(49)One of the striking features in his presentation is the way he relates to his internal world and external surroundings including communication and relationships with others. He displays features of mixed personality characteristics. He has relationship instability, intense emotions, impulsive and aggressive behaviours. His early life experiences have led to a development of a hostile view of the world with a prominent mistrust of others. He has failed to develop self-soothing techniques and instead resorted to cope with stress by aggressive outbursts or using drugs. He has also displayed persistent disregard for the law, has risk taking behaviours with no regard to safety of others, lack of consequential thinking and had repeated contact with the criminal justice system. He would need psychological treatment, which would focus on distress tolerance, emotional regulation, relationship difficulties and coping skills.”
32 There is no evidence of gross cognitive impairment and you do not currently present with a pervasive, depressive illness. There is no evidence to indicate a psychotic or a manic illness and you are not subject to any psychiatric treatment.
33 Dr Pandurangi does consider that you described experiencing symptoms suggestive of Post-Traumatic Stress Disorder, when previously undergoing psychological assessments. Although you do not present with clear symptoms of Post-Traumatic Stress Disorder, when interviewed by Dr Pandurangi, he considered it prudent to explore this issue in a therapeutic setting with an experienced psychologist.
34 Having excluded the need for any psychiatric follow-up, it is apparent that your offending is clearly associated with your use of illicit drugs and particularly methamphetamine.
35 Your counsel relied upon a constellation of factors to mitigate sentence. Those factors included:
· the entry of an early plea of guilty;
· that the plea of guilty not only facilitates the course of justice but reflects insight and remorse;
· that your very turbulent early years have made you ill-equipped to deal with financial and emotional difficulties;
· that whilst in custody you have been assaulted on two occasions, one of which required hospitalisation after an incident on 24 January 2017 when you were attacked. As a consequence of the second incident, you were placed in protective custody for two and a half weeks before being returned to prison mainstream;
· that you have a good work ethic, strong family support and have made real efforts at rehabilitating yourself in prison, which warrant an assessment of your future prospects as good;
· that you are willing to engage with drug rehabilitation upon your release and have a commitment to embark on courses in prison to improve yourself.
36 As I have previously observed, I do not consider that your guilty pleas do indicate a significant level of remorse or insight. It is most difficult to make an assessment of your future prospects, which can only be properly considered as you near completion of your prison sentence. To the extent that an evaluation can be made at this stage, I note that you are a relatively young offender. While I do not accept that your future prospects are good, there are some protective factors which afford a measure of hope.
37 To your credit, you do appear to have made efforts to improve yourself whilst in prison. You are a leading hand in the laundry at Port Phillip Prison and work on a daily basis between 9.00 am and 7.00 pm. That work provides a structure to your life, which is of great benefit. You have some contact with your baby daughter, and wish to have more. You completed a construction certificate whilst in custody and those achievements suggest a level of maturity that you have not shown in more recent years.
38 If you are to remove yourself from a cycle of more and more serious offending, you must wean yourself from illicit drugs, gain work, obtain stable accommodation, which appears to available to you, and draw upon the support shown to you by family and friends.
39 In sentencing you I have had regard to the principle of totality which has resulted in the moderation of orders for cumulation.
40 On the charge of armed robbery, which I regard as particularly serious, you are sentenced to a term of imprisonment of five years and nine months.
41 On the charge of attempted theft, being Charge 2 on the indictment, you are sentenced to a term of imprisonment of four months.
42 On the charge of burglary, being Charge 3 on the indictment, you are sentenced to a term of imprisonment of two years. I direct that six months of that sentence be cumulative on the sentence imposed for armed robbery.
43 On the charge of theft, being Charge 4 on the indictment, you are sentenced to a term of imprisonment of two years. Six months of that sentence is cumulative upon previous orders.
44 Charge 5 concerns your possession of seven firearms whilst a prohibited person. It is most concerning that you illegally acquire firearms, which you seemingly on-sell. In respect of that charge you are sentenced to a term of imprisonment for two years. Six months of that sentence is cumulative upon previous orders.
45 In respect of Charge 6 on the indictment, being in possession of an unregistered handgun without a licence, you are sentenced to a term of imprisonment of 15 months. Three months of that sentence is cumulative upon previous orders.
46 In respect of Charge 7 on the indictment, being trafficking in a drug of dependence, you are sentenced to a term of imprisonment of 9 months. Three months of that sentence is cumulative upon previous orders.
47 On the uplifted summary offence of dealing with property suspected of being the proceeds of crime, you are sentenced to a term of imprisonment of three months.
48 The total effective sentence is a term of imprisonment of seven years and nine months, and I direct that you serve five years and nine months of that sentence before being eligible to be considered for parole.
49 Pursuant to s18(4) of the Sentencing Act 1991, I declare that you have served 437 days of the sentence that I have imposed upon you and direct that this be recorded in the records of the court.
50 I make a disposal order, a forfeiture order and a compensation order in the terms sought.
51 Pursuant to s.6AAA of the Sentencing Act, I indicate that but for your pleas of guilty you would have been sentenced to a term of imprisonment of 10 years, with a non-parole term of 7 years and 9 months.
52 Have a seat Mr Mauldon. Does anything arise from those orders?
53 MS DUCKETT: No, Your Honour.
54 HIS HONOUR: And neither, I assume, from the Crown? I will sign the orders. Thank you . Mr Mauldon can be taken into custody, officer.
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