Director of Public Prosecutions v Plant

[2025] VCC 1186

IN THE COUNTY COURT OF VICTORIA

AT MELBOURNE

CRIMINAL DIVISION

Revised
Not Restricted
Suitable for Publication

Case No. CR-25-00041
AP-24-0085

DIRECTOR OF PUBLIC PROSECUTIONS

v

RAMSAY PLANT

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JUDGE:	HIS HONOUR JUDGE TIWANA
WHERE HELD:	Melbourne
DATE OF HEARING:	29 May 2025 and 21 August 2025
DATE OF SENTENCE:	21 August 2025
CASE MAY BE CITED AS:	DPP v Plant
MEDIUM NEUTRAL CITATION:	[2025] VCC 1186

REASONS FOR SENTENCE
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Subject:Criminal Law – Sentence.

Catchwords:              Attempted armed robbery with a knife – Committed at night – Vulnerable victim – Limited but relevant prior criminal history – Youthful offender – 22 years old at the time of the offending – Reasonable prospects of rehabilitation – Plea of guilty – Contravention of current Community Correction Order – Generally good progress on the order.

Legislation Cited:      Crimes Act 1958.

Cases Cited:Boulton v The Queen (2014) 46 VR 308.

Sentence:                  In respect of the new offending - 12 month Community Correction Order. In respect of the contravention, the Community Correction Order extended for a period of 12 months from today to allow the completion of the outstanding hours.

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APPEARANCES:	Counsel	Solicitors
For the DPP	Z. Menon	Office of Public Prosecutions
For the Accused	N. Low	Victoria Legal Aid

HIS HONOUR:

Introduction

1Ramsay Plant, you have pleaded guilty on indictment Q11907853.1 to one charge of attempted armed robbery, contrary to s 75A and s 321M of the Crimes Act 1958.[1] This offence carries a maximum penalty of 20 years’ imprisonment.

[1]        The plea of guilty followed a sentence indication given on 19 May 2025.

2You have also consented to this Court hearing and pleaded guilty to an offence of dealing with property suspected of being proceeds of crime, contrary to s 195 of the Crimes Act.[2] This offence carries a maximum penalty of 2 years’ imprisonment.

[2]Summary Charge 4.

3On 2 May 2024, following an appeal against a sentence imposed by the Melbourne Magistrates’ Court, Her Honour Judge Carlin placed you on an 18 month Community Correction Order (‘CCO’) in respect of one charge of theft of motor vehicle, three charges of dealing with property suspected of being proceeds of crime, seven charges of theft from shop, one charge of possess ecstasy, one charge of possess controlled weapon without excuse and one charge of retention of stolen goods.[3] This CCO is due to expire on 1 November 2025, and has the following conditions:

(a)   Supervision;

(b)   Treatment and Rehabilitation in relation to drug abuse and dependency; and

(c)   250 hours of unpaid community work, with 50 hours of treatment and rehabilitation satisfactorily undertaken to be counted toward your hours completed.

[3]        This CCO was also wrongly imposed on Charge 6, dealing with property suspected of being proceeds of crime, which was struck out.

4As a result of the summary offending before me, as well as some further offending in the Magistrates Court committed by you on 3 April 2025,[4] you accept that you have contravened the CCO. The contravention also resulted as a result of your failure to perform unpaid community work on six occasions and failure to undergo treatment and rehabilitation and supervision on eleven occasions.

[4]On 5 June 2025, you were convicted of one charge of possess drug of dependence and one charge of possess prohibited weapon without exemption or approval.

5I find the contravention proven.

Circumstances of the Offending (Indictment Q11907853.1)

6The circumstances of your offending are set out in an agreed summary of prosecution opening dated 29 May 2025.[5]

[5]Exhibit A.

7At the time of this offending you were 22 years old.

8On 18 April 2024, your victim, Mr Whyte, was withdrawing money from an ATM in Footscray at around 4.45 am. He observed you at the doors of the bank. You had a bike with you. About 10 minutes later, Mr Whyte was walking past an alleyway. You yelled “give me your money”, to which Mr Whyte replied “No”. You then said, “I’m going to stab you”. Mr Whyte observed that you had a small black handled knife in your hand. Mr Whyte was aided by a walker which he used to fend you off, and he then retreated into a bakery. At one stage, Mr Whyte threw his walker at you. Thankfully, Mr Whyte was not hurt and did not end up handing anything over to you (Charge 1 – Attempted Armed Robbery).

9Police were contacted and reviewed CCTV footage in the vicinity of the offending location. The CCTV revealed that you had earlier attempted to use the same ATM. The cards that you attempted to use at the ATM were linked to your account.

10On 29 May 2024, police executed a search warrant at your address. During the search, police recovered the following items relating to the summary offence of dealing with property suspected of being the proceeds of crime:

(a)   an AFL membership card in the name of Barlow;

(b)   a Marvel stadium staff card in the name of Farrelly;

(c)   a NAB bank card in the name of Marcelline;

(d)   a black wallet along with a Victorian learner’s permit and an ANZ bank card in the name of Hardy;

(e)   a Victorian probationary driver’s licence in the name of Sharaf;

(f)    a Victorian driver’s licence in the name of James; and

(g)   an identification card in the name of Mullavey.

11Police also located a black handled knife from your bedroom.

12In the interview that followed, you exercised your right to silence.

Personal circumstances

13You are the eldest of two children. Your parents are engaged in full time employment and are also professional country musicians.

14School was challenging for you. You experienced bullying, had difficulty fitting in, and struggled with focus and following instructions. You were subject to a number of disciplinary issues. You spent Years 8 and 9 at a school for artistically gifted students who struggled to fit into mainstream education. Whilst you benefited from this placement, you returned to mainstream schooling where your schooling again deteriorated. Having completed Year 11, you commenced a landscaping apprenticeship in 2018.

15In 2020, you sustained a wrist injury necessitating surgery, following a skateboarding accident. As a result, you were unable to continue with your landscaping employment and commenced a Certificate IV in Horticulture.

16Following the accident, you became dependent on Oxycodone which you were prescribed following the surgery, and Valium which was prescribed for anxiety. In late 2020, you commenced a relationship with someone who used illicit drugs. You eventually became addicted to heroin taking 0.5 grams daily. You discontinued your certificate IV studies and struggled to meet work obligations in the context of your escalating substance abuse.

17Your drug use resulted in you losing the support of your parents. You spent periods living with your partner, as well as periods of couch surfing and homelessness.

18You returned back home in late 2023 on the condition that you seek treatment for your substance abuse. Over the last 12 months, your parents have assisted you financially in settling in your shared accommodation close to their home. They have also supported you emotionally during a period when you have been undergoing rehabilitative treatment for your drug abuse. You have maintained a good relationship with them. I have had regard to the contents of their references.

19You have been subjected to three assaults on 3 January, 2 April and 18 June 2025 in which you have sustained serious injuries. On 3 January you were stabbed multiple times and hospitalised for a week. In the most recent incident, you were held down and cut to the forehead with a box cutter and subsequently hospitalised.

Criminal history

20Your criminal history is limited to one prior appearance before the Melbourne Magistrates’ Court on 25 January 2024. You were convicted and sentenced to a CCO for a period of 12 months for offending, including seven offences of theft from shop, three offences of deal with property suspected of being proceeds of crime, theft of a motor vehicle, retention of stolen goods, possess controlled weapon without excuse and possession of ecstasy.

21Upon being sentenced, you immediately lodged an appeal against sentence. As a result, your CCO was stayed pending appeal. The appeal was heard by this Court on 2 May 2024, whereby the original sentence was set aside, and you were resentenced to a CCO for a period of 18 months as outlined earlier in these reasons.

22Therefore, whilst you committed this attempted armed robbery awaiting your appeal hearing, you were not actively engaged on a CCO at the time of this offending.

Gravity of the offending

23Armed robbery is an inherently serious offence. That is clear from the maximum term of 20 years’ imprisonment that this offence attracts.

24You committed the offending with a bladed instrument, namely a knife, upon a vulnerable individual who was moving with the aid of a walker. The offence must have been a particularly frightening experience for the victim, bearing in mind it occurred in the early hours of the morning when no one else was around. Thankfully, the victim was able to fend you off without sustaining any injury. I accept that the offending otherwise was not particularly sophisticated.

25While the summary offence may be at the low end, I note you have three prior findings of guilt for the same offence. That fact, as well as your other priors for dishonesty and possession of a controlled weapon, requires the sentence I impose to place some emphasis on deterring you. General deterrence is also important. However, overall in the circumstances of this case, where you have demonstrated a degree of ongoing rehabilitation, furthering your rehabilitation assumes particular importance and would ultimately benefit the community at large.

Defence submissions

26The following material was tendered on your behalf by your counsel, Ms Low:

(a)   An outline of defence submissions, including a chronology, dated 13 May 2025;[6]

(b)   A psychological report and an addendum report, both prepared by Mr David Ball, dated 26 April 2024 and 9 May 2025.[7]

(c)   Two letters from Youth Support and Advocacy Service dated 9 September 2024 and 20 November 2024;[8]

(d)   A mental health care plan dated 13 May 2025;[9]

(e)   A letter from Associate Professor Enrico Cementon dated 16 May 2025;[10]

(f)    Character references from your parents;[11] and

(g)   Defence Submissions in respect of the CCO contravention dated 18 August 2025.[12]

[6]Exhibit 1.

[7]Exhibit 2.

[8]Exhibit 3.

[9]Exhibit 4.

[10]        Exhibit 5.

[11]Exhibit 6.

[12]        Exhibit 7.

27In mitigation, Ms Low relied upon your plea of guilty, youth, limited prior history, generally positive engagement on your current CCO, family support, good prospects for rehabilitation, totality and the principle of parsimony.

28Ms Low submitted that taking into account all the mitigating factors, and the guidance provided by the Court of Appeal in Boulton v The Queen,[13] a further CCO would adequately address all relevant sentencing considerations.

[13]Boulton v The Queen (2014) 46 VR 308.

29Having accepted the sentence indication, you have entered a plea of guilty at a relatively early stage in circumstances where no witnesses have been challenged. You have spared the community the time and expense associated with contested proceedings. Your plea has demonstrated a willingness to facilitate the course of  justice. Accordingly, you are entitled to a significant discount in sentence. I am also prepared to accept that you are remorseful for your offending committed during a period when you were grappling with a serious drug addiction.

30You were 22 years old at the time of the offending and are now aged 23. You remain a youthful offender who has only appeared before the courts on one previous occasion.

31Despite lapses, your progress to date on the current CCO has been satisfactory. This has involved you attending a drug detox residential facility between 15 and 21 August 2024 and 9 and 29 October 2024. You have also resided for a period of five and a half weeks, between 21 August and 28 September 2024, at Birribi, a youth residential drug rehabilitation program.[14] In addition, you have participated in drug and alcohol counselling with Caraniche, Odyssey and ACSO.[15]

[14]Exhibit 3.

[15]Australian Community Support Organisation (‘ACSO’).

32You have been on the methadone program for the last 12 months. You have been able to maintain abstinence from heroin, although continue to occasionally use cannabis.

33You have been attending supervision sessions, including completion of workbook activities relating to substance abuse.

34I have had regard to Mr Ball’s psychological assessment reports. Mr Ball has diagnosed you with level 1 Autism Spectrum Disorder. Mr Ball states:

Overall, Mr Plant impressed me as an individual with some impairment to his capacity for generally good judgement in social situations. He presents as an immature young man struggling with the challenges of early adulthood against the backdrop of autism spectrum disorder. However, he has the clear capacity to plan and execute positive and self-sustaining behaviours. He presented with a history of social alienation and social awkwardness, a reclusive lifestyle and generally being unable gauge and navigate other people and social situations.[16]

[16]Exhibit 2, pg.3 of report dated 29 April 2025.

35He has also diagnosed you as suffering with symptoms of depression and anxiety, falling short of a mood disorder. Mr Ball opines that while he is unable to diagnose you with a personality disorder, you have symptoms of avoidant and schizoid personality. Mr Ball states:

Mr Plant suffers rising schizoid and avoidant personality features. He presents as an individual with a fragile ego. He has developed an insecure attachment style and poor coping skills. He presents as a socially detached and alienated individual with crushingly low self-esteem who tends to perceive others as being more capable and worthy. He is more likely to be a follower rather than a leader often taking a passive role in social affairs. While he seeks emotional support and protection from others, he is uncomfortable in social relationships.[17]

[17]Ibid, pg. 5.

36Mr Ball opines that you require intensive and structured treatment in respect of the avoidant and schizoid personality features, as well as treatment and psycho-education in respect of your autism.

37It is encouraging that you are now undergoing treatment with a psychiatrist in accordance with a mental health care plan on a voluntary basis.

38Mr Ball assesses your risk of re-offending as low, providing you continue to engage in treatment in respect of your mental health and substance abuse. In his addendum report, Mr Ball states that because of your autism, your associated inability to correctly assess, gauge and interpret social cues, and the fact that you suffer from social alienation, you would be at greater risk of being subjected to bullying within the prison environment than other inmates without your condition.

39Due to three separate incidents where you have been the victim of attacks and have sustained injuries, your progress in respect of the unpaid work hours has been slow. You have some 194 hours outstanding which you are now in a position to continue with and complete.

40You are fortunate to have the support of your parents with whom you spend quality time. I have had regard to their supportive references.

41Overall, I accept that while there is much work to be done, you are genuinely working towards dealing with the issues that you have been grappling with and that have led to your offending. Your youth and limited criminal history, in circumstances where you are making positive progress, requires me to give emphasis to your rehabilitation. I am also pleased to hear that you have recently commenced work as a sub-contractor in landscaping. You are working Monday through to Friday.

Contravention of CCO

42In respect of the charge of contravene CCO, Ms Low submitted that despite some failures, you have now satisfactorily completed the drug treatment and rehabilitation condition. You have continued voluntary engagement in drug and alcohol counselling and remain abstinent from heroin. The assaults that you suffered have contributed to your failure to attend appointments.

43Ms Low submitted, in line with the recommendation in the contravention report,[18] that the existing order be varied and extended to enable you to complete the outstanding hours of community work.

[18]Exhibit D.

Prosecution submissions

44I was assisted by prosecution submissions dated 16 May 2025 and 28 July 2025.[19] Mr Menon took no issue with the matters in mitigation and accepted that a CCO with the aim of rehabilitation, was open as a wholly appropriate disposition in the circumstances of this case.

[19]Exhibit B and C.

45In relation to the charge of contravene CCO, Mr Menon agreed that the order be varied and extended to enable you to complete the outstanding hours of community work.

Sentencing

46Having carefully considered all relevant factors and circumstances arising in this case, I sentence you, Ramsay Plant, as follows:

47On Indictment Q11907853.1 Charge 1, attempted armed robbery, and the Summary Charge of dealing with property suspected of being proceeds of crime, you will be convicted and sentenced to a CCO for a period of 12 months commencing today.

48Every CCO has core conditions that you must comply with. The core conditions are set out in a document that you will be given shortly. I am sure you are well aware of these conditions. They include a condition that you must not commit any offence punishable by imprisonment and that you must not leave Victoria except with the permission of the Secretary.

49In addition to the mandatory core conditions, the CCO will also include the following special conditions:

·        First, you must undergo assessment and treatment (including testing) for drug abuse or dependency as directed;

·        Second, you must undergo any mental health assessment and treatment as directed; and

·        Third, you will be subject to supervision as directed for the duration of the order.

50You must report to Werribee Community Correction Centre within two clear working days from today.

51In relation to the offence of failing to comply with a CCO, contrary to s 83AD of the Sentencing Act 1991, you are convicted and fined $200. The existing CCO will be varied and extended by 12 months from today in order to allow you to complete the outstanding hours of unpaid community work.

52Ramsay Plant, you need to understand that if you were to breach either CCO in any way, either by committing another offence or by not complying with any of the core conditions or any of the special conditions, then you could be charged with the offence of breaching the order.

53The offence of breaching a CCO itself carries a maximum penalty of three months' imprisonment. So were you to breach the order, you would need to come back to court and face sentencing for that breach offence. In those circumstances, you could also be re-sentenced for the offences for which you were placed on the original order. You would then face the possibility of being sent into custody.

54There are serious consequences attached to any breach. Do you understand that?

55OFFENDER: Yes.

56HIS HONOUR: Do you also understand all of the conditions of the CCO’s?

57OFFENDER: Yes.

58HIS HONOUR: Do you consent to being placed on the new CCO and have the existing CCO varied in the terms I have outlined and to abide by all of their conditions?

59OFFENDER: Yes, thanks.

60HIS HONOUR: Thank you. You will now be given a copy of the orders which set out all the conditions. Please sign the two orders to formally acknowledge your consent.[20]

[20]Both CCO’s signed by Mr Plant.