Director of Public Prosecutions v Meizys

[2016] VCC 206

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR-15-02160

DIRECTOR OF PUBLIC PROSECUTIONS

V

PATRICK CRAIG MEIZYS

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JUDGE:	HER HONOUR JUDGE WILMOTH
WHERE HELD:	Melbourne
DATE OF HEARING:	26 February 2016
DATE OF SENTENCE:	1 March 2016
CASE MAY BE CITED AS:	DPP v Meizys
MEDIUM NEUTRAL CITATION:	[2016] VCC 206

REASONS FOR SENTENCE
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Subject: Criminal Law - sentence          

Catchwords:   One charge of armed robbery – vulnerable target - lone woman assistant in service station at night – in company with a second male – both partly disguised and carrying martial arts type weapons used to threaten assistant - cash taken from till – youthful offender – long criminal history – subject to CCO at time of offending – history of breaching community orders imposed by courts – drug and alcohol abuse – risk of institutionalisation

Sentence: 2 years 6 months imprisonment with non parole period 18 months.

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APPEARANCES:	Counsel		Solicitors
For the Director of Public Prosecutions	Mr P. Bourke		OPP
For the Offender	Ms S Keogh-Barnes                 At sentence Mr M. Brennan		Emma Turnbull & Associates

HER HONOUR: 

1Patrick Craig Meizys, you have pleaded guilty to one charge of armed robbery, which you committed on 15 September 2015. 

2You and another man went to a service station in Wendouree, at 8.30 pm, wearing hooded tops and armed with martial arts style weapons, known as Sai.  They consisted of a metal shaft, approximately 30 centimetres in length, with curved handles known as side wings that protrude outwards from the shaft, then bend forward to the tip of the weapon. 

3Your accomplice leaned onto the counter and pointed his weapon at the assistant, a woman who was working alone.  You placed a plastic shopping bag on the counter and one of you told her to put money in it.  You went behind the counter and told her to open the till, which she did.  You lifted the coin tray out and then took the assistant's mobile phone which was on the counter.  One of you asked the assistant whether there was any more cash, to which she replied, "No, you can take anything you like."

4A photograph, tendered at the plea hearing, shows you behind the counter standing very close to the victim, which would have been very intimidating for her even without any overt threats other than the demand for money, with the weapons being brandished.  You both left, taking with you the mobile phone and $300.

5Police attended and examined the security camera footage, which showed the clothing you were wearing and a tattoo on the back of each hand. 

6Two days later police saw you walking in a neighbouring street and when directed to stop, you ran away.  The police chased you and arrested you soon afterwards.  You declined to take part in a record of interview and were remanded in custody.  You made no application for bail and you have now been in detention for 177 days.

7You pleaded guilty at the committal mention in December and the case has progressed quickly.  That has facilitated the system of criminal justice and avoided the need for a trial and, importantly, the victim has been spared the need to give evidence.  For that you are entitled to a discount on your sentence and I take that into account.  I also accept it as an indication of remorse, which you have also expressed to your counsel.  It seems you have felt some empathy for the victim and you regard the offence as having been your biggest mistake.

8You were 21 at the time of the offence and you are still 21, a youthful offender who is therefore entitled to very careful consideration of any prospects for rehabilitation.  That consideration takes priority over other sentencing requirements, but the serious nature of the crime must shift the focus somewhat. 

9You planned the robbery and went armed and partially disguised, in the sense that you and the other person both had your heads covered.  You chose a vulnerable target, a woman working alone, who has reported in her victim impact statement that she was frightened and very distressed and, even though she was not physically injured, she had a severe long-lasting reaction.  She could not eat or sleep properly.  She was nervous about going to public places and she had to decline night time shift work which affected her financially.

10Those matters place the crime at the higher end of seriousness and so the need for the sentence to reflect general deterrence is significant.  It is the type of crime which can severely undermine public safety and public confidence and that must be reflected in the penalty imposed.  Specific deterrence must also play an important role in your sentencing. 

11You have an extensive criminal history commencing at the age of about 16.  You were placed on orders designed to deal with your drug and alcohol abuse and you breached those orders.  You served time in a youth justice centre and, it appears, in adult prison as well around that time, very early on.  Later you were sentenced in the County Court to a seven month sentence for criminal damage and recklessly causing injury.

12Almost a year ago, in April 2015, in the Magistrates' Court, you were placed on a community corrections order as well as a prison sentence reckoned as already served, for a range of offences including burglary and theft.  That order was still current when you committed this offence, which adds to the gravity of your offending and raises the prospect of re-offending.

13Since you were 16, you have been sentenced to several different types of community dispositions, but you have had little if any success in completing them and you have not been deterred from offending.  This crime is more serious than your previous offending. 

14Your counsel has calculated that at the age of almost 22 you have spent all but a year of your adult life in prison.  When released from time to time you have had trouble adjusting to life outside prison and have quickly re-offended. 

15While this offence calls for a prison sentence, the means by which you will eventually be released is of great importance, not only for your rehabilitation, but also for the protection of the community, because the risk of recidivism is so great. 

16You have already spent 177 days in pre sentence detention and it will be necessary for you to spend further time in custody before being released. 

17As you know, you have been assessed as unsuitable for a community corrections order because of non-compliance.  Despite that assessment, I have given careful thought to imposing a prison sentence in combination with a community corrections order, but I have concluded that an opportunity for parole would potentially offer you more appropriate supervision immediately upon your release and following.

18Although your friend has offered you accommodation and possibly employment, your release is a long way off and there can be no guarantee that his circumstances will not change by then and his offer might not remain possible.

19I sentence you to two years and six months' imprisonment.  I order that you serve a minimum period of 18 months before being eligible for parole. 

20You have already been in custody for nearly six months and so once you have served a further 12 months you will be eligible for parole. 

21Pre-sentence detention of 177 days is to be reckoned as already served.  I shall cause that to be noted on the court record.

22In determining both those sentences, I take into account the need to avoid the sentence being a crushing one, particularly in view of your youth and the time spent in custody in recent years.

23If you had pleaded not guilty to this charge, I would have sentenced you to three and a half years' imprisonment with a non-parole period of two years.

24The prosecution seeks an order for a forensic sample of saliva to be obtained, and through your counsel you have consented to that.  I make that order and must advise you that the police have the power to use reasonable force to obtain the sample but I trust that will not be necessary.

25The prosecution also seeks an order for the disposal of a shirt and I make that order with your consent also.

26HER HONOUR:  Thank you.  You can take Mr Meizys thank you, officer.

27(Section 464ZF order signed and acknowledged.)

28(Disposal order signed and acknowledged.)

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