Director of Public Prosecutions v Ritchie

[2015] VCC 1846

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

AT MILDURA
CRIMINAL JURISDICTION

CR 15-00393

DIRECTOR OF PUBLIC PROSECUTIONS

v

ROBERT RITCHIE

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JUDGE:	HIS HONOUR JUDGE RYAN
WHERE HELD:	Mildura
DATE OF HEARING:
DATE OF SENTENCE:	3 December 2015
CASE MAY BE CITED AS:	DPP v Ritchie
MEDIUM NEUTRAL CITATION:	[2015] VCC 1846

REASONS FOR SENTENCE
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Subject:
Catchwords:
Legislation Cited:
Cases Cited:
Sentence:

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr D. O'Doherty	Office of Public Prosecutions
For the Offender	Mr S. Petrovich	Emma Turnbull Lawyers

HIS HONOUR:

1

Robert Ritchie, on 1 December, you came before me to stand trial on Indictment E10449905.  The matter resolved into a plea the following day,

2 December, and the plea was adjourned to today, when you pleaded guilty to Indictment E10449905.1, containing one charge of armed robbery and one charge of recklessly causing serious injury. 

2You admitted your criminal record which includes interstate offending.  You have 86 findings of guilt or convictions from 19 court appearances.  Your prior offending is dominated by traffic offences, although you have a number of prior convictions for violence, for which you have received suspended terms of imprisonment, as well as probation, in your younger years. 

3The maximum penalty for armed robbery is 25 years' imprisonment, whilst the maximum penalty for causing serious injury recklessly is 15 years' imprisonment. 

4You are currently serving a sentence of five and a half years' imprisonment, with a non-parole period of three and a half years, imposed on you by His Honour Judge Stuart, sitting at Shepparton on 26 August 2015, for one charge of aggravated burglary and one charge of causing injury intentionally.  Those offences were committed whilst you were on bail for the offences that you now fall to be sentenced on. 

5Tendered as Exhibit D on the plea were the sentencing remarks of His Honour Judge Stuart.  Tendered as Exhibit A and read aloud in court, was the summary of prosecution opening. 

6In short, on 5 March 2013, you attacked the victim, your brother-in-law, when he was shopping at a local supermarket with his wife, your sister.  You were in company with three other men.  Your attack was brutal.  Your victim pleaded with you that he was your brother-in-law, but this had little or no effect on you.

7When a bystander sought to intervene, you told him, "Stay out of it." 

8While police were being summoned, you stole $200 from your victim, whilst assaulting him with your co-offender, Packer, Charge 1. 

9You each punched your victim about the head and broke his jaw, Charge 2.

10You were not arrested and interviewed under caution until 6 May 2014. 

11The attitude that you expressed to the police about your victim then was one of hatred.  You described him as a "dog" and as a "conman". 

12Upon arrest, you spent some five days on remand.

13Objectively speaking, your offending is a serious example of its kind and committed against an innocent victim in a public place in the presence of people going about their lawful business, which included the person that you assaulted and robbed and his wife, your sister. 

14Tendered as Exhibit C were the victim impact statements of your victim and his wife.  They have been profoundly affected by your acts of wanton violence and dishonesty.  They are withdrawn and experience anxiety on a daily basis as a result of your conduct. 

15

You are 48 years of age.  You were born in Bairnsdale, but were brought up in the Robinvale area.  Your father died when you were only 13.  Your mother died when you were about 38 years of age, or about ten years ago, as

I understand it.  You were one of 12 children and on the death of your father, took on a role of a father figure to your younger siblings.  Accordingly your schooling was sporadic from then on. 

16It is trite to say that you have had a disadvantaged youth.  Of recent times, three of your siblings have died, as well as a much loved uncle, which has caused you great heartache. 

17You have had many relationships and are the father of nine children.  Tragically your first wife died when she was only 45 years of age.  You maintain contact with your children and your former partners, with whom you are on good terms. 

18On the day of the incident offending, you witnessed your brother take his own life.  In a state of emotional turmoil, you acted on a mistaken belief that your brother-in-law had somehow defrauded one of your co-offenders. 

19In your youth, you commenced an apprenticeship as a cabinet maker, but only completed two years of your indenture.  Had you stayed the distance, no doubt life would have turned out quite differently for you. 

20You have a history of anxiety and depression and are treated with Cymbalta and Avanza. 

21You have abused alcohol all your life, as well as cannabis, and in more recent years, ice. 

22Since being in prison, you have made a positive contribution to the rehabilitation programs that are directed towards young Aboriginal men.  In turn, this has contributed in a positive way to your own process of rehabilitation, see Exhibit 1.

23Additionally, you have undergone a number of courses, including but not limited to, Koori art, occupational health and safety, first aid, and food handling, and as I understand it, you are presently a kitchen billet. 

24You have pleaded guilty, albeit at a late stage.  Nonetheless, you are entitled to the benefit that flows to you from your plea, being that it is some evidence of your remorse and that it facilitates the course of justice. 

25You are an appropriate vehicle for the application of the principles of general and specific deterrence.  Your offending was serious, however, I must be cognisant of the sentence that you are currently undergoing and apply the principle of totality when arriving at an appropriate sentence in all the circumstances. 

26Would you please stand. 

27By this sentence, I must punish you, publicly denounce your conduct and deter you and others from committing these kinds of crimes.  Taking into account the circumstances of the offences and their effects, with your personal circumstances and antecedents, endeavouring to produce a sentence that reflects and promotes the purposes of sentencing in a manner appropriate to you and your offending, I sentence you as follows: 

28On Charge 1, armed robbery, I sentence you to four years' imprisonment. 

29On Charge 2, causing serious injury recklessly, I sentence you to two years' imprisonment. 

30I order that one year of the sentence imposed on Charge 2, be served cumulatively upon the sentence imposed on Charge 1. 

31This results in a total effective sentence of five years' imprisonment. 

32I order that two years of this sentence be served cumulatively upon the sentence that you are undergoing.     

33Pursuant to s.14 of the Sentencing Act 1991, I fix a new single non-parole period in respect of all the sentences that you are to serve or complete, of three years and six months.

34I declare that you have spent five days by way of pre-sentence detention. 

35Pursuant to s.6AAA of the Sentencing Act 1991, I declare that but for your plea of guilty, I would have sentenced you to seven years' imprisonment, with a non-parole period of five years' imprisonment.

36In practical terms, Mr Ritchie, what I have done is increased your head sentence by two years and your non-parole period by one year.  That is the nett effect of my sentence. 

37Are there any other matters? 

38COUNSEL:  No, Your Honour.

39HIS HONOUR:  Then you may remove the prisoner. 

40Stand down to 2 o'clock. 

41MR O'DOHERTY:  Thank you, Your Honour.  

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