Director of Public Prosecutions v Phillips

[2018] VCC 452

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR 17-02347

DIRECTOR OF PUBLIC PROSECUTIONS

v

CLINTON PHILLIPS

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JUDGE:	HIS HONOUR JUDGE GRANT
WHERE HELD:	Melbourne
DATE OF HEARING:	5 April 2018
DATE OF SENTENCE:	12 April 2018
CASE MAY BE CITED AS:	DPP v Phillips
MEDIUM NEUTRAL CITATION:	[2018] VCC 452

REASONS FOR SENTENCE
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Subject:
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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms N. Burnett	OPP
For the Accused	Ms M. Walker	Melinda Walker

HIS HONOUR: 

1Clinton Phillips, you have pleaded to two charges of armed robbery; one charge of attempted armed robbery; and one charge of possession of a drug of dependence. 

2The maximum penalties for these offences are:  Armed robbery, 25 years' imprisonment; attempted armed robbery, 20 years' imprisonment; possession of a drug of dependence in a non-trafficable quantity, 30 penalty units or one years' imprisonment, or both.

3You have also pleaded guilty to the uplifted summary offence of dealing with property suspected of being the proceeds of crime.  This charge has a maximum penalty of two years' imprisonment.

4Your offending can be summarised briefly.  At about 12.45 pm on 21 August 2017, you were a passenger in a Toyota Camry that was displaying a fabricated registration plate.  The car parked outside Tasman Market Fresh Meats in Traralgon.  You got out of the car and entered the neighbouring Subway store. You had your face covered with a grey scarf and sunglasses and had a knife tucked into your waistband.  You were also wearing a beanie and gloves.  You placed a bag on the counter and said to the attendant, “Give me all your money.” You then produced the knife and said, “I need it more than you do.  You probably have good insurance.”  You left the store with $290 and got into the vehicle, which drove away.

5Shortly thereafter your co-offender, Ms Chafer Smith, drove to Regal Jewellers at 69 Franklin Street, Traralgon.  She parked the vehicle out the front of that shop and you exited the vehicle with her.  You both had your faces covered and you were both wearing gloves.  Ms Chafer Smith also carried a bag containing two crowbars.  She approached the attendant and produced a crowbar, which she gave to you.  She then produced a second crowbar and said, "Okay lady, give us the till."  The attendant refused to comply with this demand.  The demand was repeated twice.  The attendant continued to refuse to comply and called her husband to come from the back of the store.  When he appeared, you and Ms Chafer Smith left the premises. 

6Ms Chafer Smith then drove to the Shell service station in Morwell.  You walked into the service station and demanded money.  You produced a bag and held it up to the attendant.  She could see a large carving knife in the bottom of the bag.  She gave you $695.  You left the store, got into the vehicle and left the scene.  At about 2 pm on the same day, you were seen playing the pokies at
a venue in Moe.  You were arrested at 2.40 pm and taken to the Moe police station for interview.  You were found to be in possession of a small quantity of amphetamine.  You made a "no-comment" interview and you have been held on remand since that date. 

7This is serious offending.  The first armed robbery was planned, you chose
a soft target, you wore a disguise and you had armed yourself with a knife.  You got away with $290.  The victim impact statement confirms the emotional harm suffered by the victim.  It must have been a terrifying situation for her.   

8Shortly afterwards, you attempted to commit another armed robbery.  Again, you chose a soft target.  You went to Regal Jewellers in the company of your girlfriend.  You both entered the store with your faces covered and produced crowbars to reinforce your demands.  Bravely, the shop attendant refused to be intimidated.  I concede that you at least showed the good sense to leave the store without any other threats or violence. 

9You then went to a service station, where you committed another armed robbery.  On this occasion, you got away with $695.  Later that day, you and Chafer Smith were seen playing the pokies at a venue in Moe and no doubt, you were using the money you had obtained from the armed robberies.  

10With this offending, general deterrence is a paramount sentencing consideration. 

11You have limited criminal history.  You have no prior conviction for offences of violence.  This is a matter in your favour.  It also means that specific deterrence is not as significant as it was for your co-offender.  However, the escalation in your offending and the serious nature of these matters, means that community protection is a relevant sentencing consideration.

12I now move to matters relating to your background.

13Your early life was difficult.  Your father died when you were a baby and your mother re-married within a period of 12 months.  I was told that your step-father had a problem with alcohol and he was abusive towards your mother and to you. During your childhood and adolescence, you apparently witnessed your mother suffer violence at his hands.

14When you were 15 years old, you moved out of home, after having a physical altercation with your step-father.  Your counsel told me that you had acted, at that time, to protect your mother.

15It cannot have been easy for a young man of 15 to fend for himself.  It was in these circumstances that you left school and also began dabbling in drugs and alcohol.  Drugs and alcohol have featured prominently in your life since this time.

16Even though your life has been compromised by drug abuse, you have had periods when you have been able to work capably.  In a report from Ms Carla Ferrari, Consultant Psychologist, I am advised that after leaving school, you worked variously as a screen printer, an assistant in a pet shop and a roof tiler. You obtained employment with a butcher and completed your apprenticeship. You worked in that industry until you decided to make a career change in your late-20s.  You obtained qualifications that enabled you to work on bobcats, loaders and diggers and up until about two years ago, you worked in the construction industry in Western Australia, Victoria and New Zealand.

17You have been unemployed for the last two years.  Your ongoing problems with substance abuse explains why.

18At the time of the offending, you were using methamphetamine and you were in debt.  You were in a relationship with Ms Chafer Smith, who was also using drugs.  It was in this context that the offending occurred. 

19There are, I accept, a number of matters in mitigation.  You have entered an early plea of guilty.  It is an acceptance of responsibility; it has saved the victims from the trauma of giving evidence and also saved the community the cost and expense associated with a criminal trial.  You will be given credit for all these matters.

20I am also satisfied that you are remorseful for what you have done.  

21You found it very difficult over the past 20 years or so to break away from the abuse of drugs.  You have had periods where you have been hard-working and it seems, drug-free.  However, when something significantly adverse happens in your life, you relapse into drug use.  In addition, the current offending is
a concerning escalation on your previous criminal behaviour. These facts explain why I have reservations about your prospects of rehabilitation. On the other hand, should you be able to finally address your drug addiction, your prospects of rehabilitation would be greatly enhanced.  You are not afraid of hard work and you have various skills that would enable you to make a worthwhile life for yourself.

22It is a matter in your favour that you have used your time in custody constructively.  You have completed two courses and urine screens indicate that you are drug-free.  I was told that you also have ongoing support from your mother and your siblings.

23In determining the appropriate sentence, I do take account of the fact that this will be your first period of imprisonment.  I must also ensure that I comply with the principle of totality. 

24Finally, there is the issue of parity of sentence.  Your co-offender was much younger than you and came from circumstances of great disadvantage.  In addition, she played a lesser role in the armed robbery on the service station. These factors mitigated her penalty to some extent.  On the other hand, her prior criminal history was extensive and it includes prior convictions for engaging in reckless conduct.  Specific deterrence was highly relevant in her case.  You also come from disadvantaged circumstances and unlike your co-offender, have
a very limited criminal history.  There are no prior convictions for offences of violence.  You have a reasonably strong work history and this is your first time in prison.  Balancing these matters in the best way that I can, I have concluded that the total effective sentence in your case should be the same as the sentence for your co-offender.  

25You will be sentenced to the following periods of imprisonment on the charges on the indictment.

26Charge 1, two years and six months; Charge 2, two years; Charge 3, two years and six months; Charge 4, one month.  On the summary offence, one month. 

27I order six months of the sentence on Charge 2 and six months of the sentence on Charge 3, be served cumulatively upon each other and cumulatively upon the sentence imposed on Charge 1 on the indictment.  This makes a total effective sentence of three years and six months.  I fix a minimum term of two years before you will be eligible for release on parole. 

28I make a declaration that you have served 234 days pre-sentence detention.  If you had pleaded not guilty and been found guilty after a trial, I would have sentenced you to a total effective term of imprisonment of five years, with
a minimum term of three years and six months before you would be eligible for release on parole. 

29I order you to pay compensation to the Subway store in the amount of $290 and to the Shell service station in the amount of $347.50.  I also make the forfeiture and disposal orders requested by the prosecution.

30Are there any other matters?

31COUNSEL:  No, Your Honour. 

32HIS HONOUR:  Yes, thank you.  Mr Phillips can be removed. 

33Ms Burnett, I might just sign those orders now.

34MS BURNETT:  Thank you, Your Honour.

35HIS HONOUR:  10.30 thanks Mr Rochford 

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