Director of Public Prosecutions v Roccamte-Chardon

[2016] VCC 1008

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR -16-00456

DIRECTOR OF PUBLIC PROSECUTIONS

v

JUSTIN ROCCAMTE-CHARDON

---

JUDGE:	HIS HONOUR JUDGE PILGRIM
WHERE HELD:	Melbourne
DATE OF HEARING:	10 June 2016
DATE OF SENTENCE:	27 July 2016
CASE MAY BE CITED AS:	DPP v Roccamte-Chardon
MEDIUM NEUTRAL CITATION:	[2016] VCC 1008

REASONS FOR SENTENCE
---

Subject:
Catchwords:
Legislation Cited:
Cases Cited:
Sentence:

---

APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr Sherwood	Office of Public Prosecutions
For the Offender	Ms Munster	Victoria Legal Aid

HIS HONOUR:

1Mr Roccamte-Chardon, you have pleaded guilty to one count of armed robbery.  You have heard the learned prosecutor, who was then Ms Clancy, tell this court that the maximum penalty that can be imposed for this offence is that of 25 years' imprisonment.  That sentence, as a maximum, should indicate to you that this is, indeed, a very serious offence.

2For having pleaded guilty I will impose a lesser sentence than I otherwise would have imposed.  In other words you receive a discounted sentence for having pleaded guilty. 

3It was on Sunday 17 January of this year that the victim, Mr Feng, was working in his shop with his wife at their milk bar shop located in 96 Coleman Road, Boronia.  At approximately 5.40 pm on 29 January Mr Feng was behind the counter in that shop.  His wife was out the back of the shop in the residence and she was in the kitchen.  You came into the shop wearing a baseball cap and black windcheater style top.  You approached the counter and asked Feng for something.  However Feng could not understand you.  Mr Feng had thought you had asked for five packets of cigarettes and Feng told you that that would cost $138 and Feng asked you whether you wanted to pay by cash or credit card.

4You became angry and walked around the inside of the counter.  Mr Feng saw that you were holding a knife in your left hand and Feng estimated that the length of the blade of that knife was ten centimetres . Mr Feng felt very frightened and scared as you were pointing the knife at him.

5You then opened the cigarette cupboard and started to grab cigarette packets.  You took seven or eight packets of Winfield Blue. 

6Mr Feng's wife had observed this incident on the camera monitor which is located within her kitchen.  She opened the door to the shop and yelled out "What's happening?"  You then ran outside and Mr Feng and his wife both gave chase.  They pursued you for about 200 to 300 metres and then gave up.

7Your activities were all captured on a CCTV within the shop's security system.  Sometime later you were arrested at the Boronia railway station, that is, on the same day, 29 January, at about eight o'clock at night.  Having been arrested you were taken to the Knox police station and interviewed by the investigating police officers.  I will read your response as to some of the questions put to you.  You most certainly cooperated with the investigating police officers, which is to your credit. 

8Some of the questions and some of the answers that were put to you were, and I quote directly from Ms Clancy's opening remarks.  You were asked how come you took the cigarettes, you said you needed cigarettes.  You readily admitted that you had a box cutter with you for cigarette money.  You also indicated to the police officers that you chose the milk bar as it was close enough to be able to run to Knox without being followed too well.  To quote the words used by you "'cause there's fields and that".  You also said that you did not have a plan until you got into the shop.  The main plan was to grab the cigarettes and run. 

9You admitted that you yelled out to Mr Feng, "Why are you so fucking dumb?  How do you work in a milk bar and not know what a fucking carton is?"  Well that was obvious.  What he was saying was he did not understand what you were saying but you gave him a serve because he did not respond the way he should have.  You felt that Mr Feng would have felt like a ten year old boy getting yelled at by his dad during the offending occurring.  You also said you used the knife so you did not actually hurt Feng and that you obtained the box cutter at Coles on your way to the milk bar. 

10So you just completely opened up and "fessed up" to use the vernacular. 

11Mr Roccamte-Chardon, you are now aged 18 years.  I think that has changed.  I think you had a birthday a couple of days ago so I should say you are now aged 19.  You were 18 when I wrote this, you turned 19 on 24 July, four days ago.  You were born in Queensland and unfortunately you have come from a dysfunctional and disrupted family and a disrupted family life.  You have little or no contact with your mother.  I think your mother is now deceased from one of the documents I read.

12Initially you were raised by your father and stepmother until you were aged about 11.  This home environment was plagued by drug abuse, alcohol abuse, family violence and overcrowding.  Pretty tough stuff for a little fellow.  When aged 11 you were removed from your father's care and placed with your paternal grandparents.  During this period of time you experienced a relatively stable life.  I infer life was good for you in that period.  Unhappily your grandmother died and your grandfather was unable to cope so you then found yourself back with your father and stepmother.  I assume granddad was becoming, like me, a bit ancient and not able to handle a younger fellow.

13You attended local primary schools and secondary colleges until leaving school at the end of term 1 in Year 10.  Your counsel, Ms Munster, advises that you struggled at school with longstanding behavioural issues and suspensions.  On your return from your granddad to your father at Grade 5 level your school attendance dropped off dramatically.  You found yourself expelled from school during Years 9 and 10. 

14On being returned from your grandfather's care to your father's care you again experienced the turmoil of that home as I set out earlier.  You were living in the backyard in a granny flat from your early teens until aged 16.  You then moved to Melbourne.

15You found work in casual labouring type work within the construction industry for six months and you also worked tree lopping for a short period in 2015.  You have been in receipt of Centrelink payments or benefits somewhat spasmodically before and after being charged with these offences.  At the time of the commission of this offence you were not in receipt of any benefits at all at that time.

16Between the ages of 16 and 18 you were drinking heavily.  You stopped drinking just before turning 18.  Your counsel advised that you used illicit substances, that is, cannabis, amphetamine and methylamphetamine.  It would appear that you have used at significant levels.  You, indeed, have heavily used amphetamines on the day of the commission of this offence.  You have indicated through your counsel that you wish to stop using amphetamines and methamphetamines and you have not used since going into custody.  Your personal appearance before me would indicate that you have been looking after yourself.  The ravages of methamphetamine in particular is very obvious to those such as myself who all too frequently see people who have that dreadful addiction.

17You have one previously recorded appearance in Queensland in the Beenleigh Children's Court for breaking and entering.  Your counsel concedes that there are other matters yet to come before the Magistrates' Court in this state.  You heard Ms Munster just mention those a few minutes ago.  They are not prior convictions and I am not, in any way, using any of that material in terms of your sentencing process here.

18Mr Roccamte-Chardon, this is an example of a ridiculous unplanned armed robbery committed for the sole purposes of getting cigarettes.  You no doubt were a desperate young man in the sense of no funds and craving a cigarette or two and I think there were some suggestion that you were trading the cigarettes to some other individual giving you drugs.

19At the time of the commission of this offence you had heavily used amphetamine.  You had no funds as Centrelink payments had been suspended and you were unable to find work.  You had run out of cigarettes and you then foolishly and stupidly, without any real thought or planning for the victims, you committed this armed robbery.

20The offence, as I indicated earlier, is a very serious offence committed all too often on soft targets such as milk bars and console operators in service stations.  Such offending causes great fear to the victims of those premises.  That is why they are called "soft targets" because classically, that is what they are.  This offence, unfortunately, has become all too common within our society. 

21Your counsel on your behalf has conceded that this is a serious offence as I mentioned earlier.  Such offending generally calls for condign punishment.  Condign means serious, heavy hard punishment.

22In fairness to you the Feng family, Mr and Mrs Feng have not filed victim impact statements. 

23As I mentioned earlier, you are now aged 19.  You classically fall within the category of being classified as a young offender.  In the case of R v Mills [1998] 4 VR 235 Mr Justice Batt, as he then was, made significant rulings relevant to young offenders. The following general propositions are relevant to you from that case. He said the youth of an offender,

"… particularly a first offender, should be a primary consideration for a sentencing court where that matter properly arises.  Secondly in the case of a youthful offender, and you are a youthful offender, rehabilitation is usually far more important that general deterrence.  This is because punishment may, in fact, lead to further offending thus, for example, individualised treatment focusing on rehabilitation is to be preferred.  A youthful offender is not to be sent to an adult prison if such a disposition can be avoided". 

24I will stop there, I will not read anymore but that is what the principles are for young offenders.  Would you stand up for a moment please.

25I assure you that I have taken into account all that has been said on your behalf by your counsel, Ms Munster.  I take into account your plea of guilty that was indicated at the earliest opportunity.  This plea is indicative of your remorse. 
Ms Munster again on your behalf expresses your remorse to this Court.  Indeed, when interviewed by the investigating police officers you expressed concern, that is obviously a remorseful type of thought, as to the victims of your offending.

26As to your rehabilitation, it is to your credit that whilst you have been in custody you have remained drug free, you have completed courses in laundering operations, occupational health and safety courses and basic maths and English classes.  Ms Munster advises that wish to further to continue your basic maths and English classes.  You are on the waiting list for other courses when they become available.  In addition you are employed whilst you are in prison.  At the time your plea was heard you were then in the prison laundry.  You've now moved on from the prison laundry to being involved in the cleaning billet.  Your prospects of rehabilitation is good judged by your willingness to participate in all these various programs.

27You recall, no doubt, Mr Stephen Reardon, he is the Youth Justice representative.  He has seen you, I believe, on two occasions and he has prepared a report.  That report is dated 20 July 2016 and among other things Mr Reardon says this,

"Mr Roccamte-Chardon has a minor criminal history.  He is only 18 years of age - "

28Of course since he wrote the report on 20 July you have turned 19.

"… and has never served a custodial sentence before.  He has expressed a desire to be placed in a Youth Justice Centre because he feels vulnerable in an adult gaol.  It is in the writer's opinion that Mr Roccamte-Chardon has reasonable for rehabilitation".

29I have just made that observations as well indicated by your willingness to get involved with whatever you can whilst in custody.  During your two interviews Reardon says,

"He impressed me as being a very streetwise and adaptable young man though somewhat immature and as such likely to be impressionable especially if he were to remain in an adult prison".

30Mr Reardon then says this - that he, Mr Reardon, has read all the deposition material supplied by this court to him and he has consulted with the relevant authorities in the Youth Justice system in regards to your suitability to a Youth Justice Centre order.  It is the general consensus that you do meet the criteria stipulated in the Sentencing Act and you have been deemed as a suitable candidate for a Youth Justice Centre order.

31I propose to sentence you now but just relax because the imposition of detention in a Youth Justice centre is totally different to in a prison.  So just relax and when I finish these remarks I will say a few more words.

32On the count of armed robbery you will be convicted and ordered to be detained in a Youth Justice centre for a period of 18 months. 

33Pursuant to s.35 of the Sentencing Act you are to be given credit for having already served 120 days of detention and I think the only other order that was sought was, pursuant to s.6AAA of the Sentencing Act, had it not been for your plea of guilty I would have imposed a detention order in the vicinity of 30 months' detention.  There are no other ancillary orders sought was there?

34MR SHERWOOD:  No, Your Honour.

35HIS HONOUR:  Thank you.  Just take a seat for a moment.  There are no other orders sought (indistinct)?

36MR SHERWOOD:  No, Your Honour.

37HIS HONOUR:  Thank you.

38MR SHERWOOD:  I believe DNA was taken as part of the investigation.  That's automatic.

39HIS HONOUR:  That's right.

- - -