Director of Public Prosecutions v Riding-Hill
[2020] VCC 90
•7 February 2020
| IN THE COUNTY COURT OF VICTORIA | Revised Not Restricted Suitable for Publication |
AT MELBOURNE
CRIMINAL DIVISION
CR-19-00874
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| JAMES RIDING-HILL |
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JUDGE: | HIS HONOUR JUDGE MASON | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 6 December 2019 | |
DATE OF SENTENCE: | 7 February 2020 | |
CASE MAY BE CITED AS: | DPP v Riding-Hill | |
MEDIUM NEUTRAL CITATION: | [2020] VCC 90 | |
REASONS FOR SENTENCE
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Subject:Plea - sentencing
Catchwords: Armed robbery - prohibited person possessing imitation firearm -
commit indictable offence whilst on bailLegislation Cited: Sentencing Act 1991
Cases Cited:R v Verdins, Buckley & Vo (2007) 16 VR 269
Sentence:18 months' imprisonment + 2-year CCO
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APPEARANCES: | Counsel | Solicitors |
| For the Director of Public Prosecutions | Mr A. Serratore | Office of Public Prosecutions |
For the Accused | Ms E. Morton | Victoria Legal Aid |
1HIS HONOUR: Mr James Riding-Hill, you have pleaded guilty to two charges of armed robbery, one charge of being a prohibited person possessing an imitation firearm and one transferred summary charge of committing an indictable offence whilst on bail.
- Armed robbery carries a maximum penalty of 25 years imprisonment.
- Being a prohibited person possessing an imitation firearm carries a maximum penalty of 10 years’ imprisonment or 1,200 penalty units.
- Committing an indictable offence whilst on bail carries a maximum penalty of 3 months' imprisonment or 30 penalty units.
2You were born on 9 August 1996 and are now 23 years old. You were 22 at the time of the offending in February last year.
3You have an extensive criminal record, about which I will go into more detail shortly.
4The circumstances of the offending are as follows.
5As to the first incident, at approximately 9.10 pm on Wednesday, 6 February 2019, you attended at a Subway restaurant in Dandenong. Working in the store at the time were the supervisor and another employee.
6You approached the service counter and were observed “ acting a bit weird”, as though you were drunk.
7You produced what appeared to the supervisor to be a handgun. You then pointed the handgun towards him and said: “Empty the till”.
8The supervisor took the till out, put it on the counter and stepped back. You continued to point the handgun at him whilst taking the money out of the till. It is estimated that you stole between $200-300.
9You then walked out of the store with the money taken from the till in one hand and the handgun in the other.
10The supervisor felt scared and was left in shock at what had happened.
11As to the second incident, at approximately 6.45 pm on Thursday,
7 February 2019, you attended at a Shell Express in Dandenong. In the store at the time were two employees and a customer. One employee was standing at a cash register, the other was filling a nearby counter.12You entered the store and walked up to the register counter. You were holding a knife low in your right hand near your leg, with the blade pointing at the employee at the register. The knife had a silver blade and was about 20 centimetres long. You said: “Give me the cash”.
13The employee froze and did not know what to do. You again said: “Give me the cash”, while shaking your hands and gesturing at the till.
14You then moved behind the counter area and demanded the cash. The employee opened the till and you took approximately $100-150 in cash. The others present witnessed your acts. You then ran out towards the exit door of the store.
15The register employee felt very scared during the incident.
16You were arrested on 7 February 2019 by police who were conducting surveillance a short distance away from where the armed robbery of the Shell Express occurred. A search of your person revealed that you were in possession of the knife used during the armed robbery, as well as the cash taken.
17You were subsequently conveyed to the Dandenong police station for an interview.
18When asked questions relating to the armed robbery at the Subway restaurant, you initially exercised your right to silence; however when asked whether the gun used and depicted in the closed-circuit television stills was genuine or plastic, you said “it was a plastic firearm” and that your intention was to scare the staff in the store. When pressed further, you admitted to committing the armed robbery as you had to “pay a massive debt”.
19When asked questions relating to the armed robbery at the Shell Express, you admitted to committing the armed robbery and that you did so to repay a debt. You also admitted to intending to scare the staff so that you could obtain the cash.
20At the time of the commission of these offences you were on bail on charges of contravening a family violence intervention order allegedly committed between 15 July 2018 and 31 July 2018. The undertaking of bail was made on 9 January 2019 at the Dandenong Magistrates’ Court.
21You indicated an intention to plead guilty to these offences at a committal case conference on 3 May 2019 at the Melbourne Magistrates' Court. It is accepted that this indication, and your plea, were entered at the earliest opportunity in these proceedings.
22I now turn to your personal circumstances.
23As I noted earlier, you are currently 23 years of age and at the time of the offending you were aged 22. Again as I noted earlier, you have an extensive criminal history, commencing in June 2012 with an appearance in the Melbourne Children's Court at the age of 15 on charges of theft (both from a shop and of a motor car) and damaging property, where you were given a nine-month good behaviour bond. Some 11 months later, at the age of 16, you appeared at the Ringwood Children's Court and were put on probation for 12 months for over 20 charges of, amongst others: theft; damaging and destroying property; contravening a family violence intervention order and using indecent language on rail premises.
24This kind of offending set the tone for the next few years of your young life. You had more than half a dozen court appearances in which you were variously fined, put on Justice Plans, put on more probation, given another nine-month good behaviour bond and, most recently, at the Dandenong Magistrates' Court in June 2018, for unlawful assault and intentionally damaging property, again ordered to participate in the services specified in a Justice Plan for 12 months. At that time you were just 21.
25You have experienced a disadvantaged childhood. Your parents separated when you were young and you were essentially raised by your mother. There were difficulties because of your behavioural problems. You experienced seizures when you were aged only two and began treatment with a paediatric neurologist. Brain scans revealed scarring consistent with decreased blood flow before birth. You were formally diagnosed with epilepsy.
26You were assessed with mental disability at age eight and have been a registered client of Disability Services since then.
27You were placed in foster care at age 15 as a result of your family's inability to manage your behaviour. You remained in foster care until you were 18.
28Prior to your arrest, you were living in a unit at the back of your sister's property.
29Your schooling was limited due to learning and behavioural difficulties and you left school midway through Year 9. You have never been formally employed.
30You receive financial support from the Disability Support Pension and your housing unit accommodation is subsidised through the Department of Human Services.
31You have, unfortunately, drifted into a deep drug addiction after experimenting with dangerous drugs, possibly from as young as 13. You have subsequently become addicted to methylamphetamine.
32In May 2016, you were admitted to the Dandenong Hospital for an episode of drug-induced psychosis, and over the years you have engaged in a number of drug programs, including withdrawal programs.
33You have significant cognitive challenges.
34You have previously been diagnosed with intellectual disability, attention deficit hyperactive disorder and conduct disorder. Your difficulties have not been assisted by your heavy use of illegal drugs.
35Recent testing and analysis by Dr Loretta Evans, consultant neuropsychologist, confirms your intellectual disability. In addition, your vulnerability has been further compounded by a long-standing behavioural dysregulation and drug abuse that is approaching criteria for increased risk of brain injury together with episodes of psychosis.
36You have now been assessed as eligible for treatment under the National Disability Insurance Scheme. The scheme is capable of offering you intensive services that have never before been open to you. This will include access to a variety of therapeutic programs, including violence rehabilitation, one-on-one support for skill building and mentoring, day programs, staff support for community access and occupational therapy. In summary, it will manage disability and psychosocial support at a high level of assistance.
37Your offending is very serious. Armed robbery can be a terrifying experience for the victims and the emotional harm can extend for long periods. The Victim Impact Statement tendered from one of your victims provides eloquent testimony of the type of harm this offending can do. The offending is aggravated by the fact that it was repeated and by the fact that you were on bail at the time for previous offences.
38In mitigation, I take into account the submissions of your counsel, and in particular:
· your plea of guilty and the early time that it was entered, both for its utilitarian effect as well as expression of remorse;
· your expressed statements of remorse, which I accept reflect genuine feelings;
· your youthfulness;
· your long-term drug addiction;
· your serious mental challenges, reduced ability for consequential thinking and appropriate regulation of impulses - I accept that the first 4 of Verdins[1] principles are enlivened
[1]R v Verdins, Buckley & Vo (2007) 16 VR 269
39I am conscious of the sentencing principles regarding young and youthful offenders and that in the case of a youthful offender rehabilitation is usually far more important than general deterrence. A youthful offender should not be sentenced to adult prison for an extended period if such a disposition can be avoided. However, in the case of serious offending and the particular circumstance of the case the mitigating matters must, to a degree, give way to the primary purpose of punishment, namely deterrence.
40In your circumstances, that principle itself needs to be moderated, allowing for your serious intellectual challenges.
41In the current circumstances I am satisfied that the gravity of the offending, balanced with your history of previous offending and personal circumstances, is such that the purpose or purposes for which the sentence is imposed is best represented by a straight sentence of imprisonment combined with a community correction order which will provide extensive rehabilitative support together with the deterrent sanction of a possible return to imprisonment if you do not make a committed attempt to comply with conditions.
42You have been assessed as suitable for a community correction order with recommended conditions.
43In my view, you have an incomplete insight into your issues and present as having a significant risk of re‑offending, particularly because of your long history of drug-taking combined with your cognitive disability, that is, your mental health. Your prospects of rehabilitation will be enhanced only with serious application on your part, together with intensive professional assistance.
44Mr Riding-Hill, could you please now stand.
45On Charge 1 of armed robbery involving the imitation firearm, you are convicted and sentenced to 12 months’ imprisonment.
46On Charge 2 of being a prohibited person possessing an imitation firearm, you are convicted and sentenced to one month’s imprisonment.
47On Charge 3 of armed robbery involving the knife, you are convicted and sentenced to 12 months’ imprisonment.
48On summary Charge 5 of committing an indictable offence whilst on bail, you are convicted and sentenced to one month’s imprisonment.
49Charge 1 is the base sentence.
50I direct that six months of the sentence imposed on Charge 3 be served cumulatively on the sentence imposed on Charge 1. The sentences are otherwise concurrent.
51The total effective sentence is 18 months’ imprisonment.
52Pursuant to s.18(4) of the Sentencing Act 1991, I declare that the period of 365 days, not including today, be reckoned as time already served under this sentence and I declare that the fact of this declaration and its details be noted in records of the court.
53On Charges 1, 2 and 3 on the indictment you are also ordered, with conviction, to serve a community correction order for a period of two years.
54The community correction order commences immediately upon your release from prison and ends two years from that date. The correction centre you will attend is the Dandenong Community Correctional Service at 46-50 Walker Street, Dandenong and you must attend there within two clear working days after the completion of your imprisonment term.
55All the mandatory terms of a community correction order apply and the additional conditions I impose are that:
· you be under the supervision of a community correction officer;
· you perform 100 hours of unpaid community work as directed by the regional manager;
· you undergo assessment and treatment (including testing) for drug abuse or dependency as directed by the regional manager;
· you undergo mental health assessment and treatment including, but not limited to, mental health, psychological, neuropsychological and psychiatric - if necessary in a hospital or residential facility - as directed by the regional manager;
· you attend for judicial monitoring here at this court on 20 October 2020 at 10 am;
· you participate in the services specified in a Justice Plan for two years.
56I realise that you have already had the mandatory terms of the community correction order explained to you, but I will just go over them again now. The mandatory terms are that:
· you must not commit another offence for which you could be imprisoned during the time that the order is in force - I just tell you right now that there are not too many offences that do not have with them the possibility of an imprisonment term - a simple shoplifting offence carries that with it - just do not commit any other offence;
· you must comply with the requirements of Regulation 17 of the Sentencing Regulations - that essentially sets out your obligations when you attend at the correctional centre, such things as not attending drug-affected or alcohol affected;
· you must report to and receive visits from a community corrections officer;
· you must report to the community corrections centre - that is the Dandenong Centre - within two clear working days of the order starting, and as I have indicated, that means within two clear working days after the completion of your imprisonment term;
· you must notify a community corrections officer of any change of address or employment within two clear working days after the change;
· you must not leave Victoria without first getting permission to do so from a community corrections officer;
· you must obey all lawful instructions from and directions of community corrections officers - such directions may be given either orally in writing.
57Do you understand and agree to those conditions, Mr Riding-Hill?
58OFFENDER: Yes.
59HIS HONOUR: Now, if you get sick or if exceptional circumstances arise, the order may be suspended for a period of time. If your circumstances materially alter, you may apply for a variation of cancellation of the order. In either case, you must notify the Dandenong Community Correction Centre and I recommend that you obtain legal advice if any of these things happen.
60However, I must warn you that if you breach any condition of this order, you will be brought back before me. One of the options open for me is to cancel the community order and re-sentence you on the original charges – I can sentence you to a further term of imprisonment. I may also deal with you for the breach by sending you to prison for up to three months. Breaching is serious.
61Do you understand the consequences of breaching your community correction order?
62OFFENDER: Yes, sir.
63HIS HONOUR: I will ask you to sign that order shortly.
64Pursuant to s.6AAA of the Sentencing Act, but for your plea of guilty the total effective sentence that would have been imposed is five years’ imprisonment with a minimum period of three years to be served before eligibility for parole.
65At the plea hearing, the Crown sought a disposal order to which you have consented and I have made that order today.
66Is there anything else from either counsel?
67MR SERRATORE: No, Your Honour.
68MS MORTON: No, Your Honour.
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