Director of Public Prosecutions v Ratapu-Taylor

[2025] VCC 985

IN THE COUNTY COURT OF VICTORIA

AT MELBOURNE

CRIMINAL DIVISION

Revised
Not Restricted
Suitable for Publication

Case No. CR-25-00658

DIRECTOR OF PUBLIC PROSECUTIONS

v

MASEN RATAPU-TAYLOR

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JUDGE:	HER HONOUR JUDGE GWYNN
WHERE HELD:	Melbourne
DATE OF HEARING:	4 July 2025, 11 July 2025
DATE OF SENTENCE:	11 July 2025
CASE MAY BE CITED AS:	DPP v Ratapu-Taylor
MEDIUM NEUTRAL CITATION:	[2025] VCC 985

REASONS FOR SENTENCE
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Subject:Criminal law

Catchwords:              Attempted armed robbery; theft; use dangerous article

Legislation Cited:      Sentencing Act 1991;       

Sentence:                  Term of imprisonment of six months and a two-year Community Correction Order. 12-month adjourned undertaking. $500 fine.

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APPEARANCES:	Counsel	Solicitors
For the DPP	Ms. O. Stevenson	Office of Public Prosecutions
For the Accused	Mr. N. Howard	Victoria Legal Aid

HER HONOUR:

1Masen Ratapu-Taylor, you have pleaded guilty on Indictment to one charge of Attempted Armed Robbery and two charges of Theft. You have also entered a guilty plea to a summary charge of use dangerous article.

2In sentencing you for these crimes, I must have regard to the maximum penalties for the offences you have committed. The maximum penalty for attempted armed robbery is 20 years' imprisonment and for each of the charges of theft the maximum penalty is 10 years' imprisonment. The summary charge of carry a dangerous article has a maximum penalty of six months' imprisonment. These maximum penalties reflect the seriousness with which Parliament regards each of these offences.

3The circumstances of your offending are set out in a document titled 'Summary of Prosecution Opening for Plea' dated 13 June 2025. This is an agreed document and represents your acceptance of the elements of the offences to which you have pleaded guilty, as well as the factual basis on which I am to sentence.

The offending

4At approximately 2:10 am on 30 November 2024, Mr Ravinder Sidhu used an automatic teller machine at a food court located within the Crown Casino at Southbank. He withdrew $300 from the machine. You stood behind Mr Sidhu and watched him withdraw the cash.

5Mr Sidhu took the cash from the machine and you lunged towards him, attempting to snatch the money. This was unsuccessful.

6You then pulled an axe from your pants and swung it twice at Mr Sidhu's head. You then exited the casino complex and Mr Sidhu contacted security services and police subsequently attended. These facts form the basis for Charge 1 – attempted armed robbery.

7The following day, on 1 November 2024 you were observed by a loss prevention officer, Rami Singh, at Myer, Pacific Werribee Shopping Centre, placing multiple gift boxes from a shelf display into a black shopping trolley. Mr Singh approached you and asked if he could assist. You ignored him and continued to place gift boxes into the trolley. You then walked towards the exit of the store and, as you did so, lifted a hammer up to shoulder height before grabbing a black Calvin Klein tote bag and exiting the store without paying for the items in the trolley. You stole six items in total valued at $1,325, forming the basis for Charge 2 - theft.

8Your possession of the hammer on this day is the subject of the summary charge of carry a dangerous article.

9CCTV images from the first incident in time were released by police to the media on 11 December 2024. Your biological father contacted Crimestoppers and identified you from that CCTV.

10On 2 January 2025 at approximately 1:45 pm, you were at Myer in the Melbourne CBD. You were observed by a loss prevention officer to select a brown coloured handbag and to place it on your right shoulder. You then exited the store without making any payment. You were pursued and apprehended by loss prevention officers and returned to Myer. You were asked to show the items that you had not paid for. In total, there were six items valued at $1,074.95 forming the basis for Charge 3 – theft.

11When asked for your name, you stated that it was DeAndre Taylor and gave a false date of birth.

12Police were called and attended. You told attending police that your name was DeAndre Taylor. You were then arrested and taken to Melbourne West police station. You were then identified as Masen Ratapu-Taylor. When interviewed by police, you gave a partial “no comment” record of interview. You denied the offending.

Offence gravity and victim impact

13Mr Sindhu was not known to you. The CCTV footage of the attempted armed robbery was played to the Court. It displays very nasty, thuggish, violent and brazen behaviour against a person who was not known to you, made vulnerable by the unexpected nature of your approach. Whilst it is likely the use of the axe came about when Mr Sindhu was not forthcoming, you had that item with you and your actions were dangerous and had obvious potential to cause harm. Not only would you have frightened your victim but also other persons in the vicinity who had the misfortune to witness your actions.

14You told Dr Sarah Griffith that you had fought with your wife and committed this offence to get money in order to buy your wife a present in order to apologise. You said that you were not under the influence of drugs. This is your explanation for your actions not an excuse, but it is disturbing that you would resort to such extreme measures.  

15Each of the charges of theft are rolled-up charges. Rolled-up charges can only proceed on a guilty plea and with the offender's agreement and allow more than one instance of offending do be dealt with in the one single charge. I must still consider all of the circumstances of the offence and of the offender.

16You chose to take high value items. By your own admission, you were a
well‑established user of drugs at the time of your offending and were also homeless. It seems likely that your offending overall was directly related to these two realities than it was to being a source for you to obtain gifts.   

Plea of guilty

17The Sentencing Act1991 obliges me to take into account the stage at which you entered your guilty plea. You entered your guilty plea on 24 April 2025 prior to any committal hearing. This does represent a plea of guilty at an early opportunity.

18There is clear value in saving witnesses of the need to give evidence, particularly the victim of having to relive a distressing and traumatising event. There is utilitarian value in saving the community the time and expense of contested proceedings. 

19You have expressed some remorse. I accept that you have taken responsibility for your wrongdoing.

20These factors will be taken into account in your favour.

21I turn now to your personal circumstances.

Personal circumstances

22Your personal circumstances are set out in helpful written submissions filed on your behalf and a neuropsychological assessment of you by Dr Sarah Griffith dated 27 May 2025.

23You are currently 27 years of age.

24You were born in Waikato on the north Island of New Zealand.

25You are Maori and have four siblings, two brothers and two sisters.

26When aged around 11 years, your family moved to Australia as your father had secured work.

27It was not long after that move that your mother tragically suicided and you were the one who found her. Understandably, this was a shocking and distressing for you and it appears to have been the catalyst for what was to follow. Up until this point in time, you had experienced a relatively stable upbringing.

28Your father was also understandably impacted. Your behaviour became more difficult and you moved between the care of your father and that of your grandmother. Your relationship with your father became distant and has remained so.

29Your schooling was also affected by your response to the tragic circumstances and, having otherwise done well, you began truanting and fighting and were expelled in Year 7.

30By 13 years of age, you had run away from home and were already mixing with anti-social peers and using drugs. You commenced using cannabis at age 13 years and methamphetamine at 16 years. You were largely homeless.

31When you were aged 17 years, you did get housing through United Housing, but this ultimately ended. At the time of your arrest on 2 January this year, you were living in a tent next to a park in Werribee.

32At 19 years of age, you met your wife, Kristina, and I am told that you have had nine children together. In another difficult life event, you did lose a daughter who was only seven days old. Your children are all in the care of your wife's family.

33I understand that your wife has had her own difficulties with drug usage and her mental health. You have not had any contact from her since you have been on remand.  

34In the past, you have had some employment labouring, warehousing, pick packing and in hospitality and retail. In 2021-2022, you held a job for some two years which coincided with abstinence from drug usage. You had assistance in 2022 from Odyssey House. When you returned to drug use in August of 2024, you lost your employment and you and your wife did become homeless.

Prior criminal history

35Your prior criminal history is part of your personal circumstances.

36On 31 January 2019, you appeared at the Sunshine Magistrates' Court for charges of unlawful assault and contravene family violence interim intervention order. You were placed on an adjourned undertaking for a period of three months without a conviction being recorded.

37On 9 July 2023, you appeared in the Bail and Remand Court for charges of unlicensed driving, unlawful assault, fail to answer bail and two charges of contravene family violence interim intervention order. On that occasion, you were fined the amount of $400 and placed on an adjourned undertaking for a period of six months. This order was also made without a conviction being recorded.

38You do not have a history for dishonesty. You do appear to have a history of low‑level violence and an inability to abide by Court Orders. Otherwise, this criminal history is relatively minor and has a limited role to play in my sentencing task.

Prospects for rehabilitation

39As a direct consequence of your offending, you have now spent some 190 days in custody. Having never previously been exposed to that environment, I accept that there is already a degree of sanction and hopefully also deterrence in your experience to date.

40You reported to Dr Griffith that this has given you the opportunity to see things more clearly. I accept also that this period was somewhat isolating as you did not receive any visits, although I am told you were able to maintain contact with your children over videocalls.

41Whilst you have permanent residency, you are understandably concerned about your ability to remain in Australia and this has been an additional stressor whilst you await the outcome of these proceedings, noting that you came to Australia when you were a child. 

42You have completed courses in 'Building Better Relationships', 'Life Skills', 'Ice and Me' and various educational courses. This would indicate an effort by you towards self-improvement and that you are using your time wisely and for your betterment whilst subject to remand. It is hoped that you can transition any learnings to your return to the community.

43You have found some comfort in the Islamic faith and are wanting help with your mental health and drug addiction. You are looking for a more positive future.

44There is still need to give weight in your sentencing to the principles of specific deterrence, denunciation and protection of the community despite these recent changes.

Expert report

45As referred to earlier, a report dated 27 May 2025 authored by Dr Sarah Griffith, Neuropsychologist, has been tendered on your behalf.

46Dr Griffith was not of the opinion that you have a cognitive impairment. Your misuse of substances would appear to be a coping strategy and have contributed to your psychosocial instability and your offending. I do not see a basis on her report to reduce your moral culpability for your offending. 

47You still lack some insight into the link between your drug use and your resort to criminal behaviour. In the chronology, as I have just outlined, that link would appear to be obvious.

48It is perhaps clear that if you are prepared to be treated for your addiction and for the contributors to it, then your prospects for rehabilitation can be at their optimum.  

49You would appear to have limited supports so it will take some considerable effort from you to exact the changes that you say you wish to make.

50On release, you have some supports from the Nexus program at The Bridge Centre for a period of up to three months. In a letter dated 11 July 2025 authored by Leigh Booth, I am told that you can be provided with intensive case management to assist your return to the community. Whilst voluntary, you can be assisted with referrals for housing, to access appointments and funding for essential items. You can also access alcohol and drug counselling. I encourage you to take up this assistance and, being somewhat alarmed by you only being able to access emergency accommodation, I can only encourage you to seize the insights that you have gained whilst you have been in custody about your desire for a better future.

Sentencing submissions

51Both parties in effect submitted that a combination sentence is capable of reflecting all relevant sentencing considerations. A combination sentence refers to a term of imprisonment in combination with a Community Correction Order.

52In order to be properly informed, I had you assessed as to your suitability for a Community Correction Order.

53An Assessment Outcome Report dated 7 July 2025 details that you took full responsibility for your offending, linking it to your drug use, lack of income and a desire to buy Christmas presents for your children. This answer shows some insight. You are said to have shown remorse, contrition and shame and were assessed as being suitable for a Community Correction Order.

54A report from the Mental Health Advice and Response Service dated 8 July 2025 has also been received. A mental health component to any Community Correction Order was recommended.

55I am about to turn into the sentencing phase; anything you need to raise, Mr Howard?

56MR HOWARD:  No, Your Honour.

57HER HONOUR:  Anything you need to raise, Ms Stevenson?

58MS STEVENSON:  No, Your Honour.

59HER HONOUR:  There was a forfeiture order.

60MR HOWARD:  It is not opposed, Your Honour.

61HER HONOUR:  All right, thank you.

Sentencing

62The basic purposes for which a court may impose a sentence include punishment, general and specific deterrence, rehabilitation, denunciation and protection of the community. In sentencing you, I must have regard to a range of matters, such as the seriousness of the offending, your culpability for it, your personal circumstances and those of your victim.

63I must also balance the interest of community in denouncing criminal conduct, with the interest of the community in seeking to ensure, where possible, that offenders are rehabilitated and are safely reintegrated into society. 

64I have taken into account the sentencing guidelines referred to in s5 of the Sentencing Act 1991 where relevant to your case. I have taken into account current sentencing practices for the offences to which you have pleaded guilty and the important principles of totality, proportionality and parsimony.

65I do make the orders as sought for the forfeiture of scheduled items.

66On the summary charge of carrying a dangerous article, you are convicted and fined the amount of $500.

67On Charges 2 and 3 on the indictment, you are placed on an adjourned undertaking with conviction for a period of 12 months requiring you to be of good behaviour for that period and to appear before the Court if called upon to do so.

68On Charge 1, clearly the most serious, you are convicted and sentenced to six months' imprisonment. I reckon 190 days as having already been served. This sentence is in combination with a Community Correction Order of two years during which you are to :

(a)   Be supervised by Corrections Victoria;

(b)   Perform 180 hours of community work;

(c)   Be assessed and referred for drug treatment;

(d)   Be assessed and referred for mental health treatment; and

(e)   Submit for programs designed to reduce your risk of reoffending.

6980 hours of treatment will be offset against the community work component. So, the more treatment, the less community work.

70In addition to the conditions that I have imposed, there are what we call ‘standard conditions’. The first and foremost of those is that you must not commit any other offences during that two-year period which could be punished by imprisonment.  You need to report within two working days of your release to your nearest Corrections office, and you are also required to advise your Corrections office of any change of address of where you are living or working, and you need to do that within two clear working days.  It is a term of all Correction Orders that you submit to visits as directed and you must obey all the instructions and directions of a Corrections Officer. You cannot leave the State of Victoria without the prior permission of your Corrections office.

71In my view, this order presents you with a chance to change your life in a positive fashion, which you say you wish, should you choose to take up that opportunity, and the supports that should be made available. The order can be breached if you do not comply with it in terms of its conditions or reoffend by an offence punishable by imprisonment whilst it is in place, as I have already outlined. If you do so, you come back before me for contravening the order. I may be required to resentence you for the original charges, as well as to sentence you for a separate charge of contravening that order. I sincerely hope that I do not need to do so.

72Section 6AAA of the Sentencing Act 1991 requires me to state the sentence that I would have imposed had you not pleaded guilty to the charges. If not for your pleas of guilty you would have received 20 months' imprisonment with a minimum of 12 months before you were eligible for parole.

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