Director of Public Prosecutions v McQueen
[2019] VCC 916
•20 June 2019
Anor_20Jun19
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
CR-19-00016
CR-19-00401
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| CONNOR McQUEEN |
| and |
| TYLER SKOWRONSKI |
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JUDGE: | HER HONOUR JUDGE LAWSON | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 15 May 2019 | |
DATE OF SENTENCE: | 20 June 2019 | |
CASE MAY BE CITED AS: | DPP v McQueen & Anor | |
MEDIUM NEUTRAL CITATION: | [2019] VCC 916 | |
REASONS FOR SENTENCE
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Subject: CRIMINAL LAW – SENTENCING
Catchwords: Home invasion – armed robbery (McQueen) – robbery (Skowronski) – possess drug of dependence (Skowronski) – uplifted summary charges – pleas of guilty entered – immediate custodial sentence imposed in respect to both offenders
Sentence:
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APPEARANCES: | Counsel | Solicitors |
| For the Director of Public Prosecutions | Ms J. Malobabic Ms C. Tulloch (Sentence) | John Cain, Solicitor for the Director of Public Prosecutions |
| For the Accused McQueen | Mr M. Cookson | Simon Northeast |
| For the Accused Skowronski | Mr M. Sturges Mr M. Man (Sentence) | Stary Norton Halphen |
HER HONOUR:
1 Connor McQueen, you have pleaded guilty to one charge of home invasion and two charges of armed robbery and in addition, you have pleaded guilty to Summary Charge 6, unlicensed driving, a charge uplifted from the Magistrates' Court.
2 Tyler Skowronski, you have pleaded guilty to one charge of home invasion, two charges of robbery, one charge of possess a drug of dependence (namely, methylamphetamine) and in addition, you have pleaded guilty to summary charges uplifted from the Magistrates' Court, being Summary Charge 4, drive while suspended, Summary Charge 5, dangerous driving, Summary Charge 6, commit indictable offence whilst on bail.
3 The charges are serious and that is reflected in the maximum penalties prescribed by Parliament and in respect to:
· Home Invasion and Armed Robbery- that is 25 years' imprisonment.
· Robbery – 15 years' imprisonment.
· In relation to Possession of a Drug of Dependence, the penalty, where the offence is not committed for the purposes of trafficking, is 30 penalty units or one year imprisonment.
· Drive Whilst Suspended – Four months' imprisonment or 30 penalty units.
· Unlicensed driving – Three months' imprisonment or 25 penalty units.
· Commit an Indictable Offence Whilst on Bail – Three months' imprisonment.
· Dangerous Driving, a fine of 240 penalty units or two years' imprisonment is the maximum penalty. On finding a person guilty of the offence, the court must cancel the licence or disqualify the offender from obtaining a licence for a period of not less than 12 months as the court thinks fit.
4 Further, s.89(4) of the Sentencing Act 1991 provides that, if a person is convicted of stealing or attempting to steal a motor vehicle, the court must make an order cancelling or suspending any driver's licence held, or fixing a period of disqualification if no driver's licence is held.
5 Mr McQueen, you are now aged 24 and previously worked as a bricklayer.
6 You have admitted your extensive prior criminal history that spans a period from 15 August 2013 to 20 December 2017. You have multiple convictions recorded for dishonesty offending, driving offences, relevant crimes of violence against the person including assault in company and threat to inflict serious injury , assault with a weapon (2016), reckless conduct endangering serious injury (2014) and assault with a weapon (2014) as well as contravention of Community Correction Orders and non-compliance with court orders.
7 From about age 19 there is a consistent pattern of offending. You have in the past received a variety of dispositions from the courts that included without conviction fines and community-based orders, as well as contravention of community-based orders; terms of imprisonment; and monetary fines.
8 On 20 December 2017, you were convicted and ordered to serve an aggregate sentence of 379 days in respect to some dishonesty offences and unlicensed driving as well as fail to answer bail charges, which sentence you completed in full. You have therefore spent a substantial period of time in custody over the years between 2016 to 2018.
9 Mr Skowronski, you are now aged 27 and worked as a carpenter prior to your remand. You do not have any prior criminal history, however, there are matters that remain outstanding to be dealt with in the Geelong Magistrates' Court on 15 August 2019 that relate to driving related offences as well as unlawful assault charge and a recklessly cause injury charge involving a former partner.
10 You have both been remanded in custody and there is a period of 283 days to be declared in respect to both of you.
11 I will now proceed to sentence you both on the basis of the agreed summary that was read at the plea hearing by the learned prosecutor.
12 There was a context to the offending, namely, Mr Skowronski, you had been involved in a motor vehicle collision and as a consequence your VE SSV Holden Commodore utility was damaged but still repairable. The vehicle was subsequently damaged by persons unknown beyond repair. You then made an application for Victims of Crime compensation. You were intending to purchase a new car when you received the compensation. By September 2018, having not heard about the outcome of your compensation claim, you hatched a plan to find a similar car, to steal it and then rebirth your own car.
13 Following your arrest, you told police that you did not have any money and that you needed your car back and that you were planning on using the stolen car to rebirth your car.
14 On 9 September 2018, you responded to an advertisement place by Damien Bentley, a 25 year old landscape architect, on Carsales.com. Bentley was not known to you. He was selling his 2009 blue Holden SSV utility and arrangements were made with him for you to inspect his car. The vehicle was advertised for sale for $22,000.
15 You, together with Mr McQueen, travelled from the Geelong area in a car driven by another male who has not been charged. You arrived at the victim's address at about 7.10 pm. You initially planned to steal the utility during the test drive. You introduced yourself to Bentley as 'Justin' and took the utility for a test drive with him being seated in the front passenger seat. On the return from the test drive, he got out. He noted that you remained seated in the vehicle for some time.
16 Mr McQueen, you were planning to walk up the driveway to take the car by force. However, some of Bentley's friends arrived at the address and so the plan to steal the car was thwarted at that stage.
17 Mr Skowronski, you got out of the utility and returned the keys to Bentley, telling him that you would be in touch.
18 Skowronski, you, together with McQueen and the third person, then left the premises and drove to a nearby railway station. Mr McQueen, you then contacted a friend, Michael Leonard whom you had known from prison, to seek his assistance to steal the car.
19 Leonard travelled to the area and met with you all in the car park and you discussed stealing the utility.
20 Skowronski, you agreed that you would pay both McQueen and Leonard by methylamphetamines for their assistance and the plan was you would all meet back in Geelong once the plan was executed.
Offending, home invasion, Charge 1
21 I now turn to the circumstances of the offending - the home invasion, Charge 1, and armed robbery and robbery charges. At approximately 10 pm, you all parked around the corner, a short distance from Damien Bentley's address.
22 McQueen, you and Leonard were wearing dark hooded jackets, pulled up and covering your faces. You were armed with knives and a gold set of knuckle dusters.
23 All three of you walked to the address but Skowronski, you did not enter because Bentley knew what you looked like following the test drive. You then waited for the other men in the driveway and watched as they walked up and opened the unlocked security door.
24 Leonard then kicked the front wood door in, breaking the frame. McQueen, you and Leonard then entered the house, turned on the lights and started yelling, “Where are the ute keys?”
25 Damien Bentley was asleep and was woken as you both entered his bedroom. He woke with a knife pressed to his neck and a hand pushing down on his chest, whilst demands were made for his car keys. He was dragged out of bed by the two offenders, who are now identified as McQueen and Leonard.
26 He noticed the knife being used was about 20 centimetres in length with the blade approximately 10 centimetres. When he got out of bed, he observed the second offender holding a longer knife and gesturing it towards his chest. He told the offenders the keys were in the kitchen. He was pushed into the hallway where he was met by his parents who had also been woken up by the commotion.
27 Bentley's mother, Karen, screamed at both offenders not to hurt her son. One of the offenders kicked the family shih tzu dog. The victims were forced into the kitchen where further demands were made for the keys not only Damien's vehicle but also to his father, Andrew's, green Holden Commodore. Both sets of keys were retrieved by Damien Bentley and were handed over to the offenders who then left through the front door.
28 McQueen, you left the house and got into the green Holden Commodore. Leonard left the house and gave the blue Holden utility keys to you, Mr Skowronski, in the driveway area where you were waiting. Leonard then ran back from the address to where the third male person was parked.
29 Skowronski, you used the remote with the keys to activate the garage door and subsequently drove off in the blue Holden utility, followed by McQueen in the other green Holden Commodore.
30 Both cars were then taken from the home and driven in the direction of Geelong.
31 Skowronski, your driver's licence was suspended for a period of six months from 6 September 2018 for drug driving. You were also subject to bail conditions. This is an aggravating feature of your offending.
32 McQueen, you were not licensed to drive a motor vehicle. Hence, you have been charged with the summary offence of unlicensed driving.
33 Skowronski, your matter has proceeded by way of robbery charges only because the prosecution accept that you were not aware that the two other co-accused were armed with knives at the time they entered the property.
34 Thereafter, the stolen vehicles were driven east on Maroondah Highway. Police were notified and the police air wing took up a position overhead to monitor the cars being driven by each of you.
35 Skowronski, you have been charged with driving in a manner dangerous, having regard to the driving as described in paragraphs 31 through to 34 of the prosecution opening. Essentially, you were driving at excessive speeds and you were noted to reach speeds up to 198 kilometres per hour on the Princes Highway, Geelong.
36 On reaching Geelong, both of you were aware of the police airwing overhead and split up. Skowronski, you parked in a residential driveway and jumped out of the vehicle. You started jumping over boundary fences in an attempt to avoid being arrested. However, you were eventually arrested hiding under a car. Police searched you and found you to be in possession of the keys to the blue stolen Holden utility. They then searched that utility and located a plastic bag containing methylamphetamine. And that is the basis for the Summary Charge 5 - possess drug of dependence.
37 McQueen, you were observed running away from the vicinity of the railway lines in Geelong, a short distance from where the Holden Commodore had been abandoned. Whilst being pursued you were seen throwing a gold set of knuckle dusters away. You were arrested and taken to Geelong police station.
38 Skowronski, you initially denied any involvement in the offending but subsequently provided a confessional statement to police. McQueen, you made admissions to discussing stealing the utility but denied involvement with the home invasion but subsequently provided a confessional statement to police.
39 Mr Skowronski, in your statement, you said that you felt really sorry for what had happened and wanted to apologise to the victims.
40 McQueen, you told police that you were high on ice and ashamed of what you had done and that you too felt sorry for the victims and acknowledged that they looked really frightened.
41 At the plea hearing conducted on 15 May 2019, Mr McQueen you adopted the statement that you gave to police on 4 October 2018 with some amendments. In addition, you undertook to the court to assist, after sentencing, law enforcement authorities in the prosecution of any offences. Therefore s.5(2AB) of the Sentencing Act applies and the sentence to be imposed will be less severe than would otherwise have been imposed.
42 I turn now to the gravity of the offending. Mr McQueen and Mr Skowronski, I consider that your actions were outrageous, involving as they did a home invasion late at night on a stranger's home, in company. I consider this a serious example of the very serious charge of home invasion. Thereafter, Mr McQueen, you and Leonard used threats of force to instil fear and terror, causing the victims to provide their car keys whilst being armed with knives that you were using in a threatening manner. And that constitutes the armed robbery charge. I consider it a serious example of armed robbery.
43 Mr Skowronski, I consider that the robbery charge that you have pleaded guilty to are also serious examples of that charge, particularly given that you planned the offending and it was executed at your behest.
44 The impact on the Bentley family has been profound. Your actions terrified innocent victims. Karen Bentley read her Victim Impact Statement to the Court. The prosecutor read the Victim Impact Statements declared by both Damien Bentley and his father, Andrew.
45 This event has been life-changing for Karen Bentley. She spoke of the terror and fear that she has held for herself and her family since. She says,
'You took our sense of security, our safe haven, our happiness and our trust in people, and you replaced my life with fear, unhappiness, sleepless nights, depression.'
46 To add insult to injury, you had no regard for the family dog who was also an innocent victim in this matter. She was hurt further by seeing her dog being treated in such a callous and cruel manner.
47 Each of the Bentleys describe the loss of the feeling of sanctity and safety in their own home.
48 Mr Bentley Snr and his son, Damien, have both had counselling to help them through their post-traumatic stress disorder, trust issues, anxiety and depression.
49 There is no doubt that this was a very traumatic event for both father and son and Mrs Bentley. And they will suffer from long term the ongoing consequences of your actions.
50 Damien Bentley further suffered financially as a consequence of the car being stolen and damaged through your criminal acts. He received only half of what he had anticipated to receive from the sale of his vehicle.
51 Mr Skowronski, you were the instigator of this plan, you have hatched it in order to make up for your own loss that was caused when unknown person's damaged your car beyond repair. You of all people should have had more empathy and insight into the consequential harm that your offending would cause your victims.
52 I consider that both of you have high moral culpability. Your conduct is outrageous and must be condemned. In sentencing you, there is a real need for the court to emphasise general deterrence and specific deterrence, as well as community protection. On behalf of the community, I condemn your actions.
53 Given the particularly serious nature of the offending, the sentence to be imposed must be one that will deter criminal conduct of this kind taking place in the future and demonstrate to like-minded individuals in the community that if they proceed to commit the type of offences that occurred in this case, those individuals will forfeit the right to remain at liberty within the community for a very lengthy period of time.
54 The other man identified as Leonard has pleaded not guilty in respect to charges relating to this offending and a trial date has now been fixed for 14 March 2020.
55 I now turn to the personal history and circumstances of both Connor McQueen and Tyler Skowronski.
56 Connor McQueen, you were born in the Geelong area. Your parents and sister have been present throughout the plea hearings. Your father is a senior sergeant of police and your mother works as a beauty therapist. Your childhood family home was described as a loving and supportive environment. There was no issue in respect to any criminality, domestic violence, substance abuse or mental illness amongst your or your family members. Your parents have been and remain supportive of you, notwithstanding your antecedents.
57 You were diagnosed at age seven with childhood ADHD. Dr McKellar, a paediatrician, made the diagnosis at a time when you were threatening to kill yourself. It was reported that you responded well to Ritalin medication.
58 In his letter Dr Paul Fitzpatrick, general practitioner, states that you displayed issues with impulsivity and anger from an early age and you were on Ritalin until age 15 and the medication was then ceased without any deterioration in your behaviour. He states that you suffered attention deficit disorder and behavioural adjustment disorder characterised by impulsivity and anger outbursts. Illicit drugs such as speed or ice would have had a detrimental effect on your behaviour and avoidance of those two drugs, in his opinion, is essential if you are to become a functioning member of society.
59 You experienced difficulties whilst at school. You were a disruptive student to a severe degree and only completed Year 9 at Belmont High School. You then left to commence an apprenticeship as a bricklayer. You completed that and had a good work history.
60 You have had a long term problem with alcohol and drug abuse. From age 14, you used cannabis and then you were introduced to ice at age 15. At a relatively young age, around 15 or 16, you moved in to live with a girlfriend with whom you had a long term relationship. But that relationship broke down after seven years due to your increased drug use.
61 About four years ago, a close male friend ended his life and your drug use further escalated. Your life spiralled out of control. You were asked to leave your girlfriend's home in 2015. You began couch surfing, using drugs heavily and committing crimes and you ceased working. You were using heroin in 2015 and thereafter you spent time in custody. You were released in early January 2017 and initially you worked and you were settled. However, you were then involved in a serious transport accident on 28 May 2017. On that occasion, you were a passenger in a vehicle that was involved in a fatality. The driver of the vehicle was subsequently sentenced for culpable driving. You suffered serious injury and the driver of the oncoming car was killed. You suffered a fracture to your left leg and the injury is said to have derailed your steady progress following your release from gaol. Thereafter, you began using drugs heavily and you were committing further offences.
62 Whilst your parents have remained supportive, they are very concerned about you and consider you to be a danger to yourself. They acknowledged that you must address your addictions and behavioural issues. They are prepared to encourage and support you but they do not want to enable you to commit further offending.
63 When last released from gaol in July 2018 you were living at the family home and working. The current offending occurred at a time when your parents had left Australia to travel to the United Kingdom to visit an old friend. You were between jobs and when asked to assist by Skowronski, you readily accepted.
64 On your behalf it is conceded the offending was serious. You now know what you did was wrong. You are very ashamed of your behaviour.
65 I noted that you were initially held in custody at the Melbourne Metropolitan Remand Centre but following the provision of assistance to authorities, you were threatened in a verbal conversation with Leonard so much so that you were moved to another part of the prison system and you were then held in protection. Between the dates of 18 November 2018 to 22 November 2018, you were held in 23-hour lockdown.
66 I have had regard to the onerous conditions of your custody during that period and also I have had regard to the contents of the affidavit of Jennifer Ann Hosking, sworn 6 June 2019, and the description of your custodial conditions that occurred thereafter. And I have taken that into account.
67 Currently, you are receiving methadone treatment to assist you in relation to your withdrawal from heroin.
68 I have had regard to all the matters put in mitigation on your behalf.
69 I accept that you entered a plea of guilty at the earliest stage at committal mention. The plea of guilty has real utility. It has spared the victims the inconvenience of having to come to court and give evidence in your trial. You have also facilitated the administration of justice and your sentence will be discounted accordingly. I accept that you are now genuinely remorseful.
70 You have been fully cooperative with the police, providing them with a statement that positively identifies Leonard as the other participant in the home invasion and armed robberies.
71 It is accepted by the prosecution that this is of significant assistance to the authorities and that has been taken into account.
72 The nature of the case against Leonard is a circumstantial case and there is no other direct evidence to identify him and therefore, your evidence is of great utility.
73 You have been examined by Dr David Ball, forensic psychologist, and I have had regard to his report of 8 May 2019. He confirms a diagnosis of antisocial personality disorder, severe opiate stimulant and cannabis use disorders.
74 Mr Cookson specifically disavowed any reliance upon the Verdins principles. I have nonetheless taken into account in a general sense all the matters that have been set out in Dr Ball's report.
75 I urge the authorities to have regard to his recommendations in relation to the sort of treatment that will be required in order to facilitate your release back into the community so as to provide for the best protection for the community in the future.
76 Your parents readily visit you each week. Ultimately, your plans are to return to live with your parents upon your eventual release and work as a bricklayer. You have expressed a willingness and prepared to undertake any treatment in the future to address your offending behaviour.
77 It is recommended that consideration be given by the relevant authorities to provide you with intensive and structured treatment for your diagnosed antisocial personality features as well as drug and alcohol treatment for relapse prevention.
78 I remain cautiously optimistic about your prospects of rehabilitation. Your prospects are intrinsically linked to you addressing the underlying reasons for your offending behaviour and effectively becoming abstinent from all drugs in the future.
79 I turn now to the personal circumstances of Tyler Skowronski. On your behalf, it is acknowledged that you stand to be sentenced for serious offending for which you are the original architect. It is conceded that a term of imprisonment is the only appropriate disposition having regard to the serious nature of the offending.
80 You have lived all 27 years of your life in the Geelong region. Your parents separated when you were about 2 years of age and you continued to live with your mother following separation with fortnightly visits to your father up until the age of 10 or 12. At around that time your father re-partnered and all contact with him ceased.
81 Your maternal grandfather, Barry, then became a real father figure to you and was a real presence and support for you during your adolescent years.
82 You completed Year 12 through VCAL at North Geelong Secondary College and thereafter sought and obtained a building apprenticeship. You successfully completed your apprenticeship through Dennis Family Homes in 2012 and then, you opened your own business, Tyler Ward Carpentry in 2013. You operated a successful business undertaking work on your own behalf and as a subcontractor to larger companies.
83 You were a talented sportsperson who played competitive cricket and football but that ceased in 2013 due to work and family commitments.
84 In the past you had a serious intimate relationship as a consequence of which you have a young son, aged five.
85 Your former partner had a difficult pregnancy and suffered post-natal depression and in that context, began using illicit drugs.
86 In July 2016, whilst you were sleeping at home following work. Your partner left the family home unbeknownst to you. Your child then escaped and was found walking in the street. At that stage, Department of Health and Human Services became involved in his care. He was placed in the care of his maternal grandparents. Following your arrest for these offences, all contact with him has been prohibited.
87 There is a current application before the Melbourne Children's Court to determine where your son should live. Whilst you are not a party and not legally represented in those proceedings, you have given your agreement to your son being returned to his mother's care should the Department deem that appropriate.
88 There were pressures on your relationship over the years, 2016 to early 2018, associated with both you and your partner using drugs. You began to use drugs sporadically and socially, initially using methylamphetamines in your early 20s and that use escalated in terms of your use following the deterioration and eventual cessation of your relationship. You were using about a gram of methylamphetamines a day at around the time of this offending and the substance played a clear role in your own decline and in part explains this offending but in no way excuses this offending.
89 You acknowledge that your prospects for rehabilitation are linked with your ability to cease use of methylamphetamine. You have in the past undergone some counselling at the request of DHHS with Headspace in 2017 to address your drug use.
90 I have hard regard to the report that was obtained from Ms Carla Lechner, consultant psychologist, who assessed you and her report is dated 6 May 2019. She concludes you have symptoms of stimulant use disorder, in early remission, in a controlled environment.
91 She also noted a moderate level of depression was reported, although your mood state was not sufficiently serious to warrant a diagnosis of major depressive disorder. She suggested that the history you gave her suggests your mood had reached clinical proportions in the past.
92 She recommends you too would benefit from drug treatment counselling, both in custody and upon your eventual release into the community. And also, she recommends more generalised counselling to assist you in developing more adaptive mood management strategies. You told her that you were disgusted with yourself in respect to the offending and you recognise that the impact of the offending would have caused terror in the victims. You stated to her that you were drug affected and sleep deprived at the time but did not offer that as an excuse for your actions.
93 Whilst you have no prior convictions, there are outstanding matters as I have already mentioned. I understand that it is intended that you will plead guilty to finalise all those matters that are presently before the Geelong Magistrates' Court.
94 I accept that you are otherwise a person of good character and I have had regard to the reference material that was filed from your mother; maternal grandfather; Jason Connelly, former football coach; David Haynes, a former employer; Noelene Ward, an aunt; all of whom attest to your reputation. They considered you to be a respectful and courteous person.
95 They all expressed surprise about this behaviour and state that it is out of character.
96 Your mother remains supportive of you and has been present at the plea hearings. She too regularly visits you whist you have been on remand. She says that you have been remorseful and accept that your conduct was very wrong and that you have let her, your family and friends down. She describes a complete change in your mindset and approach to life in general now that you are drug free and you have expressed to her your hopes for the future including returning to work and remaining drug free. You have her complete support as well as the support of your entire family to help you to adjust and achieve to getting back to life once you are released.
97 I have had regard to the letter of apology that you have written in which you express your deepest apologies to the victims, police and all others affected by your disgraceful behaviour. You offer no excuse for that behaviour. You confirm that in prison you have reflected on your conduct, you accept that you understand the terror that you caused that night and you accept that no person should go through such an experience and you acknowledge the harm that has been caused by your escalating use of drugs and you further acknowledge what you did was wrong and deserving of punishment.
98 In the future you are looking forward to returning home and rebuilding your life and being reunited with your son.
99 You particularly acknowledge the harm that you caused each of the victims and express your concern about them and their wellbeing. I consider that you are genuinely remorseful for your actions.
100 Whilst being in custody you have been anxious about your son and I have had regard to that. It was not put on the basis that that anxiety is at a level that the hardship principles would apply but nonetheless, I have had regard to that as a consideration in the sentencing exercise.
101 Overall, as I have already stated, I consider the behaviour the subject of these charge on the indictment and the summary charges to be very serious and grave and deserving of stern punishment.
102 In sentencing you, Mr Skowronski, I have had regard to your plea of guilty entered at an early stage prior to committal proceedings. And again, you have avoided the need for the victims to come to court to give evidence with the risk of being further retraumatised. And that is very important in a case such as this where they have already suffered severe trauma in the manner that I have already described. And your plea also is one of great utility. And you too have facilitated justice and your sentence will be discounted accordingly.
103 I have already stated I accept that you are genuinely remorseful and that is reflected in your plea, your confessional statement to police, your apology and also expressions of remorse to your mother and as well as to Ms Lechner during her assessment.
104 I consider that you have good prospects for rehabilitation given that you are now drug free and have positive plans for the future and a commitment not to use drugs in the future. You have the full support of your mother and extended family and friends and have the real capability of being able to be a more productive member of society in the future.
105 You expressed appropriate insight insofar as the effects of the offending on the victims and also acknowledge your full responsibility for this conduct.
106 On your behalf, it was appropriately conceded that no other disposition other than a term of imprisonment was warranted.
107 In sentencing you both, I must impose just punishment. I have already indicated that general and specific deterrence are of great significance as well as denunciation and protection of the community. I have also had regard to and applied the principles of totality and proportionality.
108 There is a slight disparity in sentence on the basis of the different antecedents that I have already noted and also the different charges that have been laid. I will ask that you now both stand while I read out the sentence.
109 Mr McQueen, notwithstanding you made an offer to assist the authorities in giving evidence in accordance with the statement that you have adopted, given your offending involves two charges of armed robbery as well as your prior criminal history, I consider that a lengthy term of imprisonment is nonetheless warranted to properly reflect just punishment in all the circumstances.
110 I make the following orders in respect to Connor McQueen. I will deal with his matter first.
111 Charge 1, home invasion, convicted and sentenced to five years' imprisonment; Charges 2 and 3, armed robbery, convicted and sentenced to four years and six months' imprisonment; Summary Charge 6, unlicensed driving, convicted and sentenced to one month imprisonment.
112 Charge 1 on the indictment is the base sentence. I order one year of the sentence imposed with respect to Charges 2 and 3 is to be cumulated upon each other and upon Charge 1. And that makes a total effective sentence of seven years' imprisonment and I set a non-parole period of four years.
113 All licences held by you will be cancelled and you will be disqualified from holding a licence for a period of three years, pursuant to s.89A of the Sentencing Act.
114 I make the following declaration pursuant to s.6AAA. But for your plea of guilty, I would have imposed a term of imprisonment of 10 years' imprisonment to serve seven years.
115 In relation to Mr McQueen, I make the following declaration pursuant to s.5(2AB) of the Sentencing Act. I declare that the court is imposing a less severe sentence than it would otherwise have been imposed because of the undertaking given he has given to assist, after sentencing, law enforcement authorities in the prosecution of offences and I cause that declaration to be noted in the record of the court.
116 Tyler Skowronski – in relation to Charge 1, home invasion, you will be convicted and sentenced to five years' imprisonment; Charges 4 and 5, robbery, you will be convicted and sentenced to three years' imprisonment; Charge 6, possess a drug of dependence, convicted and sentenced to one month imprisonment.
117 Summary Charge 4, drive whilst suspended, convicted and sentenced to one month imprisonment; Charge 5, dangerous driving, convicted and sentenced to 12 months' imprisonment; Summary Charge 6, commit indictable offence whilst on bail, convicted and sentenced to one month imprisonment.
118 Charge 1 is the base sentence. That is five years. And three months of the sentences imposed in respect to each of the robbery charges (4 and 5) are to be cumulated upon each other, and six months of the sentence imposed in respect to Summary Charge 5, dangerous driving, is also to be served cumulatively upon Charge 1 and the other cumulated sentence. The total effective sentence is therefore six years' imprisonment.
119 I set a non-parole period of three years. That is longer than is usual to enable Mr Skowronski to be supported back into the community, having regard to his rehabilitation prospects. I make the following s.6AAA declaration in respect to Tyler Skowronski. But for your plea of guilty, I would have imposed a term of imprisonment of eight years to serve five years.
120 Finally, in relation to the Dangerous Driving charges, all licences held by you will be cancelled and you will be disqualified from holding a licence for three years, pursuant to s.64(2) of the Road Safety Act 1986.
121 In respect to each offender I make the following declaration of pre‑sentence detention. I declare that you have spent 283 days in custody and direct that that be entered into the records of the court. And that completes my sentencing remarks.
122 COUNSEL: As Your Honour pleases.
123 HER HONOUR: All right. We can adjourn the court.
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