Director of Public Prosecutions v Mehta

[2021] VCC 1949

IN THE COUNTY COURT OF VICTORIA

Revised

Not Restricted

Suitable for Publication

AT MELBOURNE

CRIMINAL JURISDICTION

CR-20-01090

DIRECTOR OF PUBLIC PROSECUTIONS

v

RAVNEET MEHTA

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JUDGE:	HER HONOUR JUDGE GWYNN
WHERE HELD:	Melbourne
DATE OF HEARING:	8 June 2021
DATE OF SENTENCE:	2 July 2021
CASE MAY BE CITED AS:	DPP v Mehta
MEDIUM NEUTRAL CITATION:	[2021] VCC 1949

REASONS FOR SENTENCE

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Subject:                  Criminal law

Catchwords:          Armed robbery

Legislation Cited:  Sentencing Act 1991 (Vic)

Cases Cited:Worboyes v The Queen [2021] VSCA 169; DPP vAsghar Khawari [2015] VCC 1134

Sentence:             18 month CCO with conditions

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr T. Crouch	Office of Public Prosecutions
For the Offender	Mr W. Barker	Michael J Gleeson & Associates

HER HONOUR: 

1Ravneet Mehta, you have pleaded guilty on indictment to a single charge of armed robbery committed on 3 January 2020. 

2In sentencing you for your crime I must have regard to the maximum penalty for the offence to which you have pleaded guilty.  The maximum penalty for armed robbery is 25 years' imprisonment.  This maximum penalty reflects the seriousness with which Parliament regards the offence.

3The circumstances of your offending are set out in a document entitled "Summary of Prosecution Opening for Plea" dated 5 May 2021.  This document represents an acceptance by you of all the elements of the offence to which you have pleaded guilty as well as the factual basis on which I am to sentence.

4In short compass, on 3 January 2020 you attended at a Woolworths store located in Williamstown North.  You were observed by staff to be collecting razors and placing them in a bag inside your shopping basket.  Staff became suspicious and the manager, Christopher McIntyre, monitored you for about
10 minutes.

5You entered a self-service checkout before walking from that area without paying for the items you had chosen.  At this point you were approached by Mr McIntyre, who told you that you could not take the items.  You replied "Yeah I fuckin can" and produced a syringe from your pocket.  You held the syringe at waist height in your right hand and pointed it towards Mr McIntyre.  An orange cap was on the needle end of the syringe.

6Mr McIntyre stepped out of your path as a result and you left the supermarket.  Police were then contacted.

7You were located by police in the general vicinity about 10-15 minutes later.  You were found to have a capped hypodermic syringe in your rear jean pocket and a shopping bag containing the items which you had taken from Woolworths.  These included electric toothbrushes, razor blades and cooking trays to a value of $664.90.  These are items of value in return for money and drugs.  I am told that at the time, you were not in employment, had returned to some drug use and had no income whatsoever. 

8Upon your arrest, you were then taken to the Altona North police station and interviewed, during which you made a number of admissions.  However, you denied intentionally taking the syringe from your pocket.

Offence Gravity

9It is trite to say that the offence of armed robbery is a serious offence.

10In this particular instance I accept that your relevant intention was formed in a split second when you were confronted by Mr McIntyre and in order to effect your escape with the items you wished to take.  I accept you had a syringe with you as you were a drug user at the time, rather than it being any pre-planning for the offence which unfolded.

11The fact that your offending was so unsophisticated - that is that it was committed in a highly public area with many CCTV cameras and there was no attempt to disguise or conceal your identity - further highlights the fact that it was spur-of-the-moment offending.

12There was no actual physical assault on, or contact made with Mr McIntyre.  Whilst the syringe was capped, lessening the potential risk, it is unlikely that
Mr McIntyre would have identified that reality in the moment of the armed robbery.

13Your offending occurred in Mr McIntyre's workplace.  Whilst no victim impact statement has been filed, I accept that he would have at least been frightened as events unfolded and note that this was his work environment, an environment in which he is entitled to feel safe.

14Overall, I accept your counsel’s submission that for an offence of its type it is very much towards the lower end.

Personal circumstances

15There is some explanation for your offending in your personal circumstances.  This, of course, does not excuse your offending.

16Much of those circumstances were set out in detail in an outline of plea submissions filed on your behalf.  In short compass:

a)    You were 28 years at the time of your offending and are now aged 29. 

b)    You were born in Punjab India and have one younger sister.

c)    Your father works in government and was a strict parent whom you respected but of whom you were also fearful.  Your mother worked as a receptionist and you have had a close relationship with her in the past.  Your family are aware of your offending, but this has caused difficulties and your relationships with them are under strain as a result.

d)    Your family all continue to reside in India and in recent times have been unfortunate to contract COVID-19 during the recent outbreak.

e)    You are well educated and were a good student.  You were pressured to excel by your father and to pursue a career in medicine.  Instead, you studied a four-year Bachelor of Veterinary Science with a specialisation in marine science.

f)     You were fortunate to work in your chosen field and obtained employment in a fish farm in India as a manager for approximately three years.  After that time, you came to Australia to search for what was described as "a better life".

g)    You moved to Perth in February 2017 on a student Visa.  You studied your masters in environmental science at the University of Western Australia and worked part-time at a local pizza restaurant for income.

h)    You did find this environment isolating overall and became lonely without family or friends.  During this time you met your wife, Karmjeet, who was also studying whilst her family was residing in India.

i)     Knowing others who had migrated to Melbourne, you and your wife did the same. You transferred your studies to information technology in the hope it would open up better employment opportunities.  You studied IT at MIT Melbourne for approximately 18 months.  During this time, you also made efforts to earn an income through work as a car washer, taxi driver and in a number of pizza restaurants.

j)     Certainly, up until this point, you had come from a family of some means, had an excellent education and had performed well in your chosen fields of study and work. You had the support of a marriage.  It is difficult in this context to see how you came to commit an armed robbery.

k)    However, sometime prior to your offending you were the victim of a burglary and, in a separate incident, both your car and phone were stolen.  You suffered a decline in mood and began having trouble devoting yourself to your studies.  You lost a significant amount of weight.  Being concerned about your own wellbeing you attended on your local general practitioner but were instead referred to a counsellor at the MIT and did not obtain a mental health care plan.

l)     Around this time your wife began expressing her dissatisfaction with your relationship.  Your mood further declined.  In effect, your studies suffered, your only supportive relationship in Australia deteriorated and you became further isolated.  I suspect much of this was also associated with your drug use.

m)  You did become a heroin user.  The irony of this decision was that instead of making life better it obviously made life a lot worse.  It contributed to the circumstances in which you came to offend, which appears, as I have already outlined, to be in the context of drug use and no income.  Your wife, whilst still somewhat supportive of you, is now considering divorce proceedings.

n)    You have no prior criminal history.  There are two minor theft charges alleged to have also occurred in January 2020 pending which are yet to be resolved.

o)    As I said earlier, the decline in your personal circumstances, income, mood, and resort to drug use in part way explains your offending; it does not excuse it.

Plea of guilty

17The Sentencing Act obliges me to take into account the stage at which you entered your plea of guilty.

18Your Counsel submits that although your plea was not at the earliest stage, it is indicative of remorse and is of significant utility.  I accept this submission.

19I firstly accept that there is significant value in saving the witnesses the need to give evidence at contested proceedings.  I note that you did not run contested committal proceedings.  There is utilitarian value in saving the community the time and expense of contested proceedings through a trial.

20Your plea of guilty was entered after the holding of a Case Conference hearing on 21 April 2021, part of the Court's response to the COVID-19 pandemic and the resultant backlog of trials.  Case conferences are designed to discuss pathways to resolution where possible or to narrow the issues prior to listing any trial.  Your decision to resolve and plead guilty in the context of the
COVID-19 pandemic also has additional utilitarian value as it provides certainty and finality to all parties in circumstances where the Court's operations have been significantly disrupted and many trial dates remain as yet unfixed.

21In Worboyes v The Queen [2021] VSCA 169 at paragraph [39], the Court of Appeal said:

"For these reasons, we consider that — all other things being equal — a plea of guilty entered during the currency of the COVID-19 pandemic is worthy of greater weight in mitigation than a similar plea entered at a time when the community and the courts are not afflicted by the pandemic's effects.  A plea of guilty during the pandemic ordinarily should attract a more pronounced amelioration of sentence than at another time…"

22All of these factors will be taken into account in your favour. 

Rehabilitation

23As to your future prospects-  I note that as a direct consequence of your offending you were remanded into custody and spent six days on remand before a grant of bail was made on 8 January 2020.  In your particular case I consider this capable of acting as both a sanction and, more importantly, a deterrent into the future.  You have, in effect, had your "wake-up call".

24You commenced a methadone program to assist you to maintain abstinence from heroin.  This program has been largely successful.  On materials tendered, there was a gap in your treatment via methadone at the time of your offending.  Your treatment appears to have been consistent since your release from custody.

25At the time of your offending you were on a bridging Visa pending your application for a spousal visa.  The breakdown of your marriage has seen you placed on a temporary protection visa.  You wish to reclaim your relationship with your wife.  I suggest to you that that gives you even greater reason to remain drug-free.  It should motivate you to do so. 

26Your wife has provided a reference.  I have taken the contents into account.  She says to me in that reference that you were a very good person when she met you.  I am sure she wants you to return to that person.  She tells me that you realised your mistake and that she has seen a lot of good changes in you.  She says you are trying to do your best to put everything back on track.  You wish to remain in Australia, repair your marriage and work in information technology.  Hopefully these will remain positive motivators.

27I do accept that the uncertainty of your status in Australia until these proceedings have been resolved has been an additional source of stress upon you.

28Whilst I have said you have good motivators to stay out of trouble, I am of the view that you do require some assistance to further that resolve.  In those circumstances, I assess your prospects of rehabilitation to be good, if not excellent.

Sentencing

29I note that application has been made for the disposal of the syringe used in the armed robbery.  I grant that application.

30In terms of sentencing, your Counsel submits that all relevant sentencing considerations can be properly reflected in the imposition of a community corrections order.  The prosecution do not argue against this submission.

31I have had you assessed as to your suitability for a community corrections order.

32An assessment report dated 9 June 2021 has been provided.  I am told you offered remorse for your offending in that assessment.  You were found suitable for a community corrections order.

33As part of the assessment as to your suitability for a corrections order, I also requested that you be assessed by the Mental Health Advice and Response Service.  They have also provided a report.  Their report dated 9 June 2021 raises concern for your mental wellbeing.  You presented with ongoing symptoms of depression.  You have a significant risk profile due to a history of suicidal ideation and self-harm.  I am told you have limited supports and no mental health treatment in place.  Mental health treatment was recommended by the assessor, Hannah Child, Senior Psychiatric Nurse.

34I accept that recommendation as being important to reducing your future risk.

35Your Counsel further submits that should I proceed to place you on a community corrections order, that I could do so without recording a conviction.

36I accept that the principles of general deterrence and denunciation have a role to play.  It is important that others who might be inclined to commit an armed robbery are aware that there are consequences to follow, regardless of their reasons for doing so.

37I accept that your involvement in court processes, your brief period on remand, and your need to abide by bail conditions, would have all had their role as both a punishment and, as I said before, as a deterrent to future offending.  You have been on bail requiring you to report to police daily for in excess of 18 months.  In the context of your case overall, I see little need to give much weight to either specific deterrence or the need to protect the community from you.

38Section 8 of the Sentencing Act 1991 sets out the criteria to be considered in whether to record or not to record a conviction. I am required to have regard to the nature of the offence, your character and past history and the impact of recording a conviction on your economic or social wellbeing or on your employment prospects.

39Your Counsel has referred me to the case of DPP vAsghar Khawari [2015] VCC 1134 as a comparative case. Like most things, there are many examples of the offence of armed robbery and each case must be assessed on its own merits. Mr Khawari also committed the offence of armed robbery, although, in my assessment, in more serious circumstances than the one to which you have pleaded guilty, as he was in company, a knife was used, and there had to be a degree of forethought. He had no prior matters alleged and nothing pending. Mr Khawari was a young offender who wished to join the police force. He was placed on an adjourned undertaking, without conviction, for a period of two years. Of course, a community corrections order is much higher in the sentencing hierarchy than an adjourned undertaking.

40As stated earlier, I accept that the charge to which you have pleaded guilty is serious, but the circumstances in which yours was committed is very much towards the lower end for an offence of its type, if not at the lowest end.  It was committed in the context of a relatively limited period of drug addiction and significant feelings of despondency.  Up until January of 2020 your history was blameless and you have held positions of responsibility in your working life and hope to again in the future.  There is significant punishment in a community corrections order hanging over your head with conditions attached -  conditions with which you are expected to comply.  That circumstance would reflect punishment, denunciation and deterrence.  Supported release into the community is capable of protecting it and fostering rehabilitation, particularly in your case, with a focus on improving your mental health and imposing drug treatment.

41I accept that it is in your interest, and ultimately therefore that of the community, that you be in the best position to move forward with your life.

42I accept that any desire to return to either veterinary science or in your new field of study, information technology, is one where those charged with considering any registration, contract or employment will have to take into account whether or not a conviction was recorded for the charge before me.

43The basic purposes for which a court may impose a sentence include punishment and what is said to be just punishment at that, general and specific deterrence, rehabilitation, denunciation and protection of the community.  In sentencing you, I need to look to the seriousness of the offending, your culpability for it which I accept was somewhat reduced given your circumstances at the time, and the split second of your decision-making.  I look to your personal circumstances, and those of your victim.

44I must balance the interest of the community in denouncing criminal conduct with the interest of the community in seeking to ensure successful rehabilitation of offenders and their reintegration into society. 

45I have taken into account the sentencing guidelines referred to in s5 of the Sentencing Act 1991 where relevant to your case. I have viewed the sentencing statistics for the offence of armed robbery such that they assist. I have taken into account current sentencing practices for the offence to which you have pleaded guilty, and the principles of proportionality and indeed, parsimony.

46For the single charge of Armed Robbery, I intend to place you on a community corrections order for a period of 18 months.  That order will include conditions that:

a)    you attend for supervision;

b)    you are assessed for and submit to drug treatment and rehabilitation;

c)    you are assessed for and treated for any mental health conditions;

d)    that you complete 100 hours of community work.  50 hours of that community work will be offset against treatment, therefore the more treatment the less community work.

47In a moment I will give you the opportunity to speak with Mr Barker about the order I intend to impose.  Because I can only place you on that order, if you are prepared to sign documents to that effect.  You should know that you can breach that order by not obeying the conditions.  You can breach that order if you commit another offence punishable by imprisonment whilst it is in place.  If you breach that order, you will come back before me.  I may have to look at
re-sentencing you for the armed robbery, and you may also be charged with breaking the order.

48In addition to the orders that I have made, there are a range of standard conditions which include not being able to leave the state of Victoria without permission and include notifying the Office of Corrections within two days of any change in your living arrangements or place of work.

49In my view, Courts now have more discretion in terms of choosing a sentencing disposition which does enable all the purposes of punishment to be served simultaneously in a coherent and balanced way, in preference to the option of imprisonment, which is skewed towards retribution and deterrence, factors which have less weight in the overall sentencing mix for you.

50On balance, and taking into account the criteria which I must, and referred to in s8 of the Sentencing Act, the corrections order that I make is made without conviction. 

51Mr Mehta, you have been given a very big opportunity to continue to change your life in a positive fashion, should you choose to take up that opportunity. 

52Mr Barker, I will give you the opportunity to speak with Mr Mehta.  I might just stand down temporarily.  Before I do, is there anything I missed from either of you?

53MR CROUCH:  Not from me, Your Honour.

54HER HONOUR:  Yes.

55MR BARKER:  Will I have a copy of the order to show him during that time?  Thank you.

56MR CROUCH:  I should have said, Your Honour, maybe a 6AAA declaration.

57HER HONOUR:  I do not need to, because of the length of the order that I have imposed.  But double-check me whilst I disappear.

58MR CROUCH:  I will, yes.

59HER HONOUR:  I never get offended, Mr Crouch.  All right, I will stand down temporarily.

(At a later stage.)

60HER HONOUR:  All right.  Mr Barker, your client understands his obligations on this order?

61MR BARKER:  Yes, I can confirm he had those conditions explained to him, and the assessment and I have explained them to him now with the aid of the interpreter.  I will also go through them again with him outside.

62HER HONOUR:  Thank you.

63MR BARKER:  But I am told that will be the third time.

64HER HONOUR:  Well, in the nicest possible way, I do not want to see him again.  All right.

65MR BARKER:  As Your Honour pleases.  I should say that we are grateful to Your Honour, because Your Honour's been involved in this matter for quite a while and been tolerant of a number of things to do with interpreters and devices and lateness, and probably some more, and Your Honour's staff.  I am grateful to everybody.

66HER HONOUR:  Thank you, Mr Barker.  It is all part of the service.  All right, thank you to each of you for your assistance.  I am very appreciative. 
Mr Interpreter, thank you for your assistance too.  I am very appreciative.

67INTERPRETER:  Thank you, Your Honour.

68HER HONOUR:  I will close the court until 10 am on Monday.  Thank you.

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