Director of Public Prosecutions v Rodden

[2016] VCC 470

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR-15-00543

DIRECTOR OF PUBLIC PROSECUTIONS

v

SHYLAH RODDEN

---

JUDGE:	HIS HONOUR JUDGE MAIDMENT
WHERE HELD:	Melbourne
DATE OF HEARING:
DATE OF SENTENCE:	19 April 2016
CASE MAY BE CITED AS:	DPP v RODDEN
MEDIUM NEUTRAL CITATION:	[2016] VCC 470

REASONS FOR SENTENCE
---

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

---

APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr G. Hayward
For the Offender	Mr J. McQuillan

HIS HONOUR: 

1Shylah Rodden, you have pleaded guilty to an offence of robbery, which occurred on 26 September 2014, and you have no prior convictions. 

2The prosecution has tendered and relied upon a summary of prosecution opening, which is Exhibit A.  It has been read to the court this morning.  I am not going to repeat it.  I incorporate it into these reasons for sentence in its entirety. 

3Suffice to say that it seems to be clear that you fell into some bad company and that in company with your former boyfriend, Sam Grace, you agreed to participate in a robbery of a premises at Coburg North. Your job was to case the joint to see whether it was suitable for your co-participants to carry out the robbery.  You did your job, they did theirs, the robbery was completed.  

4It is accepted by the prosecution that although firearms were used in the course of the robbery, you were not aware that either of the two co-offenders would be armed during the course of the robbery.  Hence the prosecution has been willing to accept a plea to the lesser offence of robbery, which is still a very serious offence.

5As with almost all offences of that kind, victims are frightened.  I accept that you were not one of those who were menacing the victims and that the victim impact statement has to be considered in the light of the participation of others.  Nevertheless it is almost inevitable that whether arms are used or not in the course of a robbery, people are likely to be traumatised. It is not surprising, therefore, that that is the result.

6You have no prior convictions, as I have already indicated.  It is clear that you were not only in bad company, but in the habit of abusing drugs of various kinds, including ice, at the time this offence was committed. I note that the offence took place more than a year and a half ago.  Time has passed and you have set about changing your life.  I am told you are about to embark on a new career and things look reasonably good for you.

7You are clearly setting about your rehabilitation with a number of different organisations. I have been provided with letters or reports from some of those organisations, which have been exhibited by your counsel in the course of the plea hearing, which show that you have been not only participating, but making progress.

8I suspect that you will put all this behind you.  I think that it is necessary that you have support, not just from your family, and that is obvious, you have got that, but from the Department of Community Corrections for a period of time.  It is not that easy to shake off a bad drug habit and the company that goes with it.  If you want to turn your life around permanently, you are going to have to do that.  You will need some help.  Hence, the Magistrates' Court has already recognised that in imposing a community corrections order upon you and I propose to recognise that today. 

9You have pleaded guilty, it is to your credit.  It is consistent with remorse.  
I accept you are remorseful, and that in the cold light of day that you would no doubt be ashamed of your conduct involving yourself in this serious offending.

10It is important to recognise that for persons who are not yet 21 that rehabilitation is a very substantial sentencing consideration and one that is designed to protect the public in the long term because it is thought that putting time and effort into rehabilitation for young people is a better way of ensuring that they do not commit further offences and can become decent citizens.

11There has been delay.  This has been hanging over your head for some time.  The prospect of the possibility of a term of imprisonment has been hanging over your head.  That is to be taken into account, and also I think it is necessary to impress upon you that you do not get away with this scot-free. 

12There is a punitive element in this.  I will be requiring you to do 150 hours of unpaid community work and that is to remind you that if you take part in these sort of activities then there are consequences. 

13Putting all the competing sentencing considerations together and not ignoring the fact that there must be an element of individual deterrence, that is, deterring you from committing further offences as well as hopefully deterring others from committing serious offences, I am ready to pass sentence upon you.

14Would you please stand?

15For the offence of robbery, to which you have pleaded guilty, I convict you and sentence you to a community correction order for a period of two years.  That order will require you to perform 150 hours of unpaid community work.  Fifty hours of that 150 hours can be offset against satisfactorily completed rehabilitation programs and I will require you to be subject to supervision of the Department of Corrections for the period of two years, to be assessed for and participate in programs to address your drug issues and also programs to reduce the risk of your reoffending. 

16Now you will have been told no doubt at the Magistrates' Court, and no doubt by your counsel, that if you do comply with the terms of the order, that is the end of the matter.  If you fail to do so, then you could be up for three months' imprisonment for breaching the order.  If you commit a further offence punishable by imprisonment during the period of the order, then you could be punished not only for that offence, but brought back and punished again for this offence.

17You may leave the court with no alternative other than to impose a term of imprisonment for this offence if you commit further offences punishable by imprisonment during the period of the order or even if you breach the terms of the order.  It will be a nuisance at times.  You will be irritated having to attend appointments, you will be irritated having to complete the hours of unpaid community work, but you may think that is a better option than going to prison.

18Are you willing to comply with the terms of that order?

19OFFENDER:  Yes.

20HIS HONOUR:  Yes, all right.  That is the order I make for a period of two years, and that order has been drawn up.  You will be asked to sign it in a moment.  I think it has been drawn up already.  I will just check it.  Yes.  Mr McQuillan, would you accompany my associate and ensure that she understands what she is signing?

21MR McQUILLAN:  Yes, Your Honour.

22(Community Corrections Order signed and acknowledged.)

23HIS HONOUR:  There are no ancillary orders, are there?

24MR McQUILLAN:  There are, Your Honour.

25MR HAYWARD:  The prosecution applies for a forensic sample order and a disposal order and a vacation of the trial date.

26HIS HONOUR:  Yes.  I will certainly grant the disposal order.  Mr McQuillan, what do you say about the forensic sample?

27MR McQUILLAN:  She is young, Your Honour, as you've noted already in Your Honour's sentencing remarks.  She's not yet 21.  I know it's the usual order that's made in a majority of cases.

28HIS HONOUR:  Yes, look, I am not convinced that it is in the public interest.

29MR McQUILLAN:  Yes, thank you.

30HIS HONOUR:  So I decline to make that order.  I will make the order for the disposal of the property.  All right.  The community correction order is now signed, and I have signed the disposal order in triplicate.

31MR HAYWARD:  Thank you, Your Honour.

32HIS HONOUR:  You may now leave the dock.  Yes, thank you both.

- - -