Director of Public Prosecutions v Rawson
[2019] VCC 1554
•25 September 2019
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
Case No. CR-19-00932
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| JACK RAWSON |
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JUDGE: | His Honour Judge Johns | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 6 September 2019 | |
DATE OF SENTENCE: | 25 September 2019 | |
CASE MAY BE CITED AS: | DPP v Rawson | |
MEDIUM NEUTRAL CITATION: | [2019] VCC 1554 | |
REASONS FOR SENTENCE
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Catchwords: CRIMINAL LAW – Sentence – Plea of guilty – armed robbery and possess drug of dependence – summary offence driving whilst disqualified – soft target – application of Bugmy principles– immediate term of imprisonment.
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APPEARANCES: | Counsel | Solicitors |
| For the Director of Public Prosecutions | Ms J. Croxford Ms M. Kiapekos | Office of Public Prosecutions |
| For the Accused | Mr S. Thomas | Balmer & Associates |
HIS HONOUR:
1 Jack Rawson, you have pleaded guilty to one charge of armed robbery, which carries a maximum penalty of 25 years' imprisonment and one charge of possessing a drug of dependence, which carries a maximum penalty of 5 years' imprisonment or 400 penalty units, there being no submission that you fell within the lower maximum provision. You have also pleaded guilty to an uplifted summary offence of drive whilst disqualified which carries a maximum penalty of 2 years' imprisonment or 240 penalty units.
Circumstances of offending
2 The circumstances of your offending are set out in the Summary of Prosecution Opening dated 1 August 2019 which was tendered as Exhibit A on your plea and forms part of these reasons for sentence.
3 On Tuesday 12 February 2019, the victim, Het Patel was working the night shift as attendant at the United Petrol Station, 68-78 South Gippsland Highway, Tooradin.
4 At about 3.15 am you drove a dark coloured Honda sedan into the service station. You got out and banged on the locked glass door of the service station in order to be let in.
5 You asked Patel for a particular brand of cigarettes, but he told you he did not have any. You told Patel you wanted the cheapest cigarettes but when he turned his back to you, you told him you wanted 'Rothmans'. Patel went to the cupboard to get the requested brand and when he turned around, he saw you had a sawn-off shotgun in your hand.
6 You demanded Patel give you all the cigarettes, you told him to go faster and called him a, 'Cunt bitch'. Patel put the cigarettes into the bag you threw at him.
7 You demanded Patel give you the money from the till. Patel complied and put the money from the till into the bag with the cigarettes. Whilst this was occurring, you were pointing the shotgun at Patel.
8 You started to leave, then returned to take a Big M from the counter before leaving the store. (Charge 1 – armed robbery).
9 The value of the cigarettes stolen was approximately $334.00 and approximately $500.00 cash was stolen.
10 On 22 January 2019 you were disqualified from driving for 3 months.
11 On 22 February 2019 you were arrested by police whilst sitting in the back seat of a car in Dandenong. You were found to be sitting on a clear bag that contained methylamphetamine. (Charge 2 – possess a drug of dependence).
Arrest and Interview
12 You were taken to Dandenong police station. You were interviewed and gave police the following answers:
· you denied committing the armed robbery saying you were asleep at the time at your sister's house;
· you denied the drugs located in the car when you were arrested belonged to you. You told police you smoked marijuana, but had not used any other drugs for about four and a half to five months and you did not even know they were there;
· you continued to deny your involvement in the offending when shown copies of the still pictures taken from the CCTV footage from within the service station, claiming the male looked Asian.
Effect on the Victim
13 An opportunity was given for Mr Patel to provide a Victim Impact Statement, but one has not been provided. You entered a service station at night, produced and pointed a sawn-off shotgun at Mr Patel and demanded money and cigarettes. The very reason for producing a firearm of course, was to create terror in your victim so that he would comply with your demands. Offences against 'soft targets', vulnerable, unprotected victims such as a lone service station attendant working at night are very serious. The psychological trauma and the lasting effects of being surprised and threatened with a firearm by an offender whilst going about one's lawful employment are well known. It was conceded by your counsel that great psychological distress was likely caused to Mr Patel as a result of your offending.
Personal Circumstances
14 You are now and were 24 years of age at the time of the offending.
15 Your parents separated when you were two years old. You have only seen your father approximately 6 times since the separation and I have been told that not having a father figure in your life has affected you heavily.
16 You were removed from the custody of your mother by the Department of Human Services when you were approximately 4 years old, following an episode of drug overdose. Your mother regained custody one year later after mandated drug tests and you have retained a close relationship with your mother ever since.
17 You have one sister with whom you maintain a close relationship.
18 Growing up you experienced a high level of transience, with frequent disruptive moves and extended periods of homelessness. You attended multiple primary schools across a variety of regional Victorian towns. You, your mother and sister were homeless in multiple states across Australia, and you recall living out of a car in Tasmania.
19 I have been told that you were always an outsider at regional schools due to your constant movement. You dropped out of school at the beginning of Year 9. You did not pursue any further qualification after leaving school. The qualifications you have obtained in custody whilst on remand are your first qualifications.
20 You commenced working regionally as a concreter immediately after leaving school. You worked for a concreting company for two and a half years, then worked as a tree-lopper for one year and then re-commenced work as a concreter with your step-father. You worked for approximately three years for your step-father up until the point of your remand.
21 During this time, you experienced long periods of homelessness. You were living in your car up to and at the time of the offending.
22 Your homelessness was interrupted by 8 months spent living at Beaconsfield Boarding House. While at the boarding house you were engaged with a social worker through WAYSS, Westernport Accommodation Youth Support Services, who assisted you in obtaining a Newstart allowance for the first time. Your time at Beaconsfield ended with a suicide attempt, following which you were admitted to Berwick Hospital. Your transient lifestyle recommenced immediately after your discharge from hospital.
23 For approximately 18 months between 2016 and 2018 you were taken in by the family of your best friend, Chris Phillips. You met Mr Phillips through your mother and was drawn immediately to an older role model and father figure. I heard through your Counsel on your plea that Mr Phillips has supported you providing accommodation, supervision and understandably, you see him as a positive mentor.
24 You are currently in your first relationship with Emily Kendal. Ms Kendal has a two-year-old son from a previous relationship. You credit your relationship with Ms Kendal and her son as providing you with meaning in life. I am told that you enjoy taking Ms Kendal's son to the zoo and the aquarium when you are not working.
25 You first used alcohol, cannabis, MDMA and GHB from the age of 13. You commenced methamphetamine use at the age of 14. From the age of 16 your methamphetamine usage became daily usage, using 15 to 20 points a day, usually by yourself in your car.
26 Your first complete abstinence from drugs since you were around the age of 13 has been whilst on remand in custody for this matter. Peter Wroblewski, Area Coordinator for the Alcoholics Anonymous and Narcotics Anonymous Prison Recovery Program wrote a letter to the court dated 3 September 2019. Mr Wroblewski stated you have attended weekly AA/NA meetings since arriving at Marngoneet Correctional Centre in March 2019, and you contribute to group discussion during meetings and you have shown that you are serious about abstinent-based recovery.
27 On 4 June 2019 you completed Managing Cravings program offered by Caraniche whilst at Marngoneet. The program was of six hours duration and provided you with an understanding of the physical and psychological basis for drug cravings and strategies for managing them long after the initial withdrawal period. This encouraged you to utilise the forced detoxification created through your time in custody as a foundation for sustained change post release.
28 Whilst in custody you have also completed a Responsible Service of Alcohol Program, AOD and Stress, 'Adapt' (program to assist in adjusting to the prison environment), Take Stock A and Take Stock B (workshops encouraging self- reflection, positive future direction and how to link in with supports available in custody and the community), Jobs and Careers Workshop, Certificate II in Kitchen Operations, Certificate III in Cleaning Operations, Certificate I in skills for Vocational Pathways, Certificate I in Access to Vocational Pathways.
29 Further, whilst in custody you have worked in soft-toy production and have kept a large number of these toys in your property which you intend to provide to Ms Kendal's son upon your release.
30 I was told by your counsel on your plea that your step-father can provide you with work as a concreter upon your release and your plan is to live with Mr Phillips and his mother at their home. You are more than capable of making good on that intention.
Prior Criminal History
31 Turning to your previous criminal history. This is your first appearance in this court and your first time in custody. You have no prior convictions for robbery or armed robbery. Your most recent offending for which you were sentenced in October 2018 in the Dandenong Magistrates' Court apparently occurred in similar circumstances to this offending- availability in concreting work had become limited and you turned to dishonesty offending to support your methamphetamine addiction. Prior to this you have a possess methamphetamine conviction for which you were fined without conviction at the Dandenong Magistrates' Court in February 2016. You have one prior appearance for a weapon offence. I am told that was not a firearm and you were sentenced in the Children's Court in 2012 for this offending. Your criminal history is relatively limited and falls well below the level of offending before me.
Remorse
32 After your plea hearing your counsel provided the court with a letter of apology which you wrote to the court dated 2 September 2019. You stated you would be forever sorry for the pain, fear and distress that you caused your victim. You can now see that
Using drugs not only changed me but has now changed the life of an innocent person forever, and for that I will never forgive myself. No words or actions will ever be enough to apologise for my cruel, selfish actions.
33 You went on to state that you are concentrating on helping yourself so that something like this never happens again.
34 I accept that the sentiments you have expressed are genuine.
Prospects of Rehabilitation
35 You had a number of people in court in support of you: your mother, sister, your partner and Mr Phillips.
36 As stated during your plea I consider your work history to be impressive and your criminal record limited, in light of the disrupted and disadvantaged upbringing you experienced.
37 In your case, the principles known as Bugmy principles have application to a moderate degree.
38 Your resort to illicit substances at the tender age of 13 is reflective of the disadvantage you experienced.
39 Your moral culpability for developing drug dependency at such a young age in such circumstances is lower than it would be for an older person in different circumstances.
40 The deleterious effects of drug use in your life are apparent.
41 Your prospects depend to a significant degree upon you dealing with this problem – and I consider your prospects of rehabilitation to be reasonable. I have taken into account the efforts you have made on remand to complete rehabilitative and vocational courses.
42 I have taken into account your plea of guilty and your relative youth to the extent appropriate for such a serious offence. I take into account that this is your first time in custody.
43 In particular, in your case general deterrence and denunciation, as well as specific deterrence are significant factors in this sentencing exercise. I now sentence you as follows. Stand up please, Mr Rawson.
Sentence
44 On Charge 1 – armed robbery - you are to be sentenced to two and a half years' imprisonment.
45 On Charge 2- possess a drug of dependence - you are sentenced to be imprisoned for 3 months.
46 On the uplifted summary charge of driving whilst disqualified you are imprisoned for 1 month. Your licence is further cancelled, and you are disqualified from obtaining another for 12 months from today's date.
47 The total effective sentence is two and a half years' imprisonment.
48 I set a non-parole period of 15 months.
49 Pursuant to s.18 I declare that you have served 211 days, not including today. Sorry - 215 days, it is, 215 days not including today of pre-sentence detention.
50 Pursuant to s.6AAA but for your pleas of guilty I would have sentenced you to a total effective sentence of 42 months and a non-parole period of 2 years.
51 I make the disposal orders sought. Were there any other orders sought?
52 MS KIAPEKOS: No, Your Honour.
53 HIS HONOUR: No. All right. Any other matters?
54 MR THOMAS: No, Your Honour. As Your Honour pleases.
55 HIS HONOUR: All right. Mr Rawson, you understand that sentence? You have got a non-parole period of 15 months of which you have served 211 days. All right. Yes, adjourn the court.
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