Director of Public Prosecutions v Ramage

[2020] VCC 641

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR-19-01944

DIRECTOR OF PUBLIC PROSECUTIONS

v

CRAIG RAMAGE

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JUDGE:	HER HONOUR JUDGE DAWES
WHERE HELD:	Melbourne
DATE OF HEARING:	8 May 2020
DATE OF SENTENCE:	20 May 2020
CASE MAY BE CITED AS:	DPP v Ramage
MEDIUM NEUTRAL CITATION:	[2020] VCC 641

REASONS FOR SENTENCE
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Subject: Burglary, theft, theft of firearm, prohibited person in possession of a firearm.
Catchwords:
Legislation Cited: s.6AAA of the Sentencing Act.
Cases Cited: R v Verdins (2007) 16 VR 269.
Sentence:

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms C. Foot	Ms A. Hogan, Solicitor for Public Prosecutions
For the Accused	Mr A. Pyne	Slater & King Lawyers Pty Ltd

HER HONOUR: 

1Craig Ramage, you have pleaded guilty to one charge of burglary, one charge of theft, one charge of theft of two firearms, and one charge of being a prohibited person in possession of those firearms.

2On 29 May 2019, you attended your cousin's farm in Caniambo with your
co-accused, Rodney Henderson.  Whilst your cousin worked at the property most days, he resided in Shepparton and was not present at the time. 
The house and garage were chained up and locked, the property being partially covered by a CCTV camera.

3You travelled to the farm in Henderson's black Nissan Navara, the registration plates having been removed.  You drove into the property and gained access using bolt cutters to cut the chain on the rear door of the house and on the garage (Charge 1).

4Both premises, which were used at the time for storage, were searched.  Property to the approximate value of $6,500 was stolen, including assorted tools, ammunition, a hunting camera and a Yamaha 100 CC motorbike (Charge 2).

5Whilst inside the house, you both forced open a gun safe that was secured to a wall, taking a 12-gauge shotgun and a .22 calibre rifle (Charge 3).  You then left the premises. 

6On 31 May 2019, Henderson was intercepted driving his Nissan Navara.  
A search of the vehicle resulted in the recovery of some stolen property.  Police then attended and searched your premises, locating the firearms, ammunition and other stolen items.  You were a prohibited person at the time, as you were on a community correction order (Charge 4).

7You were arrested and interviewed by police, answering 'No comment' to many of their questions.  When you were shown the CCTV photos, however, you identified yourself and your co-accused.  You admitted that the stolen property should not have been at your house.  When asked about the offending, you stated that you should not have done it.

8The victim impact statement has not been provided.  There is no information about any residual difficulties that your conduct has caused.  It must have been a frustrating and confronting experience for the victim to discover that his premises had been ransacked. 

9You concede that the offending here is serious, although it was not sophisticated.  The burglary was planned and you attempted to avoid detection by removing the number plates on the Nissan Navara.  The value of the stolen items was not insubstantial.  Fortunately, the property has been recovered.

10The theft of firearms is particularly serious in the context of this offending. 
At the time, you were a prohibited person and subject to the community correction order.

11You were charged on 31 May 2019 and remanded in custody.  Your matter resolved at a very early stage, and you entered your plea of guilty on
24 September 2019.  That plea has a significant utilitarian benefit.  You have saved the court and the community the time and expense of running a trial.  In those circumstances, you have facilitated the efficient administration of justice and are entitled to a benefit for that.

12Your counsel submitted that in light of the answers you gave in the record of interview, the resolution of this case was inevitable and that your plea of guilty confirms that you have taken responsibility for your actions.

13I accept that remorse is consistent with your early plea of guilty, and I am prepared to moderate your sentence to reflect that. 

14You were released on bail on 6 August 2019 after spending 67 days on remand.  One of your bail conditions was that you be supervised by the Court Integrated Services Program (‘CISP’).

15In a final report prepared for the Shepparton Magistrates' Court dated
7 February 2020, your case manager confirms that you participated in drug and alcohol treatment and had a good rapport with your supervising counsellors.  You acknowledge that your extensive history of cannabis and methylamphetamine use has been problematic and contributed to your past criminal conduct. 

16You reported that you were using approximately three points of methylamphetamine prior to your remand, and that you were affected by methylamphetamine at the time of this offending.

17Whilst on the CISP program, you were generally able to remain free from methylamphetamine use.  Unfortunately, you relapsed in March 2020 once the program had finished.  You have used and continued to smoke cannabis daily. 

18You have previously consumed large amounts of alcohol.  In the past few years, you have reduced that amount to approximately a six-pack of mixed spirits or beer daily. 

19You have a history of unstable mental health, as has your family.  You have a recent history of self-harm and have been prescribed antidepressant and antipsychotic medication.  The stabilising of your mental health is an integral part of your rehabilitation.

20You participated in mental health counselling with Professor Edward Ogden, an addiction medicine specialist, as part of the CISP program.  In a letter dated
21 February 2020, Professor Ogden confirms your history of depressive illness over 25 years, stating that you have mild psychotic features and depression. The use of methylamphetamine has caused psychosis, and you reported hearing voices whilst you were in gaol.  He confirmed that you responded well when you commenced taking low levels of medication for these issues. 
He remains supportive of you.

21You have a relevant criminal history dating back to 1991 with many prior convictions for burglary, theft and other matters of dishonesty.  Most recently, you were convicted and placed on a 24-month community correction order at the Shepparton Magistrates' Court on 19 October 2018 for offences including burglary, theft and theft of a motor vehicle.

22This order provided you with an opportunity to undergo rehabilitation while remaining in the community.  Regrettably, you did not take advantage of the supports provided.  You relapsed into drug use and committed these offences approximately seven months after the order commenced.

23You are now 48 years of age and are one of five children.  During your childhood, you were exposed to domestic violence where your father physically abused your mother.  Despite this, your parents remained married until your father died in 1993.  You have a close relationship with your mother, who has always been loving and supportive of you.  She has a new partner and you are currently residing with her.

24You had learning difficulties at school, struggling with basic literacy skills. 
Your behaviour was poor in both primary and secondary school.  You were asked to leave Shepparton Technical College partway through Year 9 as a result of your disruptive behaviour.

25Your history of employment is strong.  After leaving school, you worked for some time as a labourer before becoming qualified as a concreter.  You have had full-time employment for a significant period since then.

26At the time of these offences, you were not working and had been unemployed for approximately two years as a result of incarceration and ongoing drug use.  You recently recommenced work subcontracting as a concreter.

27Your physical health is relatively good, although you injured the middle finger on your left hand in an accident last year at the MRC, requiring ongoing treatment.

28You have had one long-term relationship that lasted for 14 years, ending in 2009.  You maintain an amicable relationship with your former partner. 
You have one son together who was born in 2003, with whom you have frequent contact.  Your goal is to become a better role model for him, as you feel that you have let him down in the past few years.  Your relationship with your siblings has deteriorated as a result of your drug use.  You hope to reconnect with them in the future.

29At the request of your solicitor, a report for the court has been provided by
Ms Miriam Latif, consultant psychologist, dated 28 April 2020.  Ms Latif diagnosed you as having three substance-related disorders, being a stimulant use disorder, alcohol use disorder and a cannabis use disorder, as well as a clinical disorder, being a major depressive disorder.

30You reported a history of self-harm, most recently in 2019 and 2020.  You had one brief psychiatric admission to hospital in 2019.  In the past, you have been prescribed numerous psychotropic medications.  Your compliance with medication has not been good, however, as you admit that you stop taking it once you start to feel better. 

31Ms Latif undertook psychometric testing showing that you are currently suffering extremely severe levels of depression, anxiety and severe levels of stress.  While you were in custody last year, you were under assessment for epilepsy due to suffering from convulsions.  Ms Latif recommends that you engage in neurological and neuropsychological testing and treatment for any possible intellectual deficit to be identified.

32In Ms Latif's opinion, your condition will deteriorate over time if you are not properly medicated for depression and psychosis.  In her view, it is imperative that you receive more focused psychiatric and psychological treatment.  Should you remain untreated, you are a moderate risk of reoffending in the future. 
Your condition is also likely to deteriorate over time, increasing your risk of recidivism.

33You are encouraged by Ms Latif to make your mental health and the cessation of all drug use a priority.  By doing so, your risk of reoffending will be significantly reduced.  In Ms Latif's view, you appear to lack adequate insight into the importance of ceasing all drug use, including cannabis and alcohol, in order to improve your mental health. 

34In my view, your prospects of rehabilitation are guarded.  Your capacity to accept ongoing mental health treatment as well as remaining drug and alcohol free are critical factors in your success.  You require community support in order to address these issues.  Supervision and compliance with treatment is essential to encourage your rehabilitation and is also in the best interests of the community. 

35Although you have a strong history of employment, this has not deterred you from illicit drug use and offending in the past. 

36On 11 March 2020, you were charged with further offending and remanded in custody.  The charges include possession of drugs of dependence, possession of ammunition, and dishonesty matters.  They are listed for mention in the Shepparton Magistrates' Court on 4 June 2020.  I do not take them into account when determining the appropriate sentence here.

37At the time of Ms Latif's assessment on 6 April 2020, you were in custody. 
She confirmed that your drug and alcohol disorders were in partial remission due to your being in a controlled environment.  You were again released on bail on 15 April 2020.

38It has been submitted on your behalf that principles 5 and 6 of the decision in R v Verdins[1] apply in your case.  Your major depressive disorder is recurrent with psychotic features which persist when you are not using illicit substances.

[1]R v Verdins (2007) 16 VR 269.

39You have severe levels of depression, anxiety and stress.  You were recently under hourly observation when in custody, in light of having attempted suicide in 2020.  Ms Latif opines that your condition will deteriorate in custody if you do not receive the appropriate level of care.  The prosecution do not dispute that any sentence of imprisonment will be more onerous for you.  I take that into account.

40It was submitted on your behalf that in all the circumstances, the court should impose a community correction order and that you are prepared to comply with such an order.  The prosecution does not agree with that submission, saying that a term of imprisonment is appropriate.

41I am not persuaded that there is any utility in the imposition of a community correction order for a number of reasons: 

·In 2015, after spending one year in custody, you completed a 12-month community correction order.  This did not deter you from further drug use. 
You relapsed and eventually reoffended. 

·You were given another opportunity with a community correction order in October 2018.  Again, this was not a sufficient deterrent.  Despite being on the order, your drug use increased in March or April 2019 and you reoffended.

·You have a history of recidivism for offences of burglary and theft.  The most recent community correction order was imposed for offending that is similar to the matter that is before the court.  There has been an escalation in the seriousness of your offending here, however. 

·After successfully completing the six-month Court Integrated Services Program in February 2020, you again relapsed into drug use, resulting in a further remand in custody.

·In your consultation with Ms Latif six weeks ago, you admitted poor compliance with previous community correction orders and stated that you were not motivated to undertake another community correction order. In Ms Latif's opinion, it is unlikely that you would succeed should you be given a community correction order in the future, in light of your history and the attitude you expressed towards undertaking these orders.

·I accept that you have struggled to cope with depressive symptoms and substance abuse in the past.  You have been given opportunities to address these issues through various court orders. Unfortunately, I have no confidence that you would comply with a corrections order.  Further, given the chances you have already had to access rehabilitation through these orders in the past, I believe that a term of imprisonment is the only appropriate disposition.

42It is conceded that the principles of general and specific deterrence are the primary sentencing considerations in this case.  Your prospects for rehabilitation are guarded.  They are largely dependent on your capacity to remain substance-free and to access appropriate treatment.  I intend to impose a period on parole that will allow for monitoring and supervision.

43I take into account the maximum penalty for these offences and current sentencing practices.  The principle of totality is relevant, and I have taken care not to doubly punish you for these offences. 

44I take into account that measures taken by Corrections to deal with the
COVID-19 pandemic may add to your hardship as a prisoner.  I do not provide any sentencing benefit on the chance that you may be placed in lockdown in the course of your sentence.  As I understand it, should this occur, you may receive sentence reductions as a result of the administrative decision of the prison authorities.

45It is clear, however, that at the current time a custodial term will be more stressful for you than it would be if you were in the community, due to your position of confinement.  Further, the emotional impact of being unable to have any personal visits for the foreseeable future will also increase the burden of imprisonment.

46Balancing these factors as best I can, I sentence you as follows - and I will announce the sentence, Mr Ramage, on each charge, with the total effective sentence at the end of the four charges.

47Charge 1, burglary - you are convicted and sentenced to 12 months' imprisonment.

48Charge 2, theft - you are convicted and sentenced to sentenced to 12 months' imprisonment.

49Charge 3, theft of firearms - you are convicted and sentenced to 18 months' imprisonment.

50Charge 4, being a prohibited person - you are convicted and sentenced to
12 months' imprisonment.

51I direct that the sentences are to be served concurrently.

52The total effective sentence is 18 months' imprisonment.

53I fix a non-parole period of 10 months.

54I enter in the records of the court that you have served 67 days on remand,
and that it be reckoned as pre-sentence detention.

55Charge 2 involves the theft of a motorbike.  I am required to make an order against your license.  It is suspended for three months. 

56I am also required to give an indication under s.6AAA of the Sentencing Act. But for your plea of guilty, I would have imposed a sentence of 24 months' imprisonment with a non-parole period of 18 months.

57MR PYNE:  As the court pleases.

58HER HONOUR:  Thank you.  Are there any further orders sought, Ms Foot?

59MS FOOT:  No, Your Honour. 

60HER HONOUR:  All right.  Is there anything further?

61MR PYNE:  No, Your Honour. 

62HER HONOUR:  Mr Ramage, I am going to leave the Bench. I will excuse Ms Foot so that Mr Pyne can have a discussion with you before you are excused from court, if that would be of assistance, Mr Pyne.

63MR PYNE:  Yes, I'll have a short discussion with him.

64HER HONOUR:  All right, thank you.  I will adjourn the court.

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