Director of Public Prosecutions v Ross
[2016] VCC 1572
•24 October 2016
| IN THE COUNTY COURT OF VICTORIA | Revised Not Restricted Suitable for Publication |
AT MELBOURNE
CRIMINAL DIVISION
Case No. CR-16-01639
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| NAOMI ROSS |
---
JUDGE: | HIS HONOUR JUDGE GRANT | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 24 October 2016 | |
DATE OF SENTENCE: | 24 October 2016 | |
CASE MAY BE CITED AS: | DPP v Ross | |
MEDIUM NEUTRAL CITATION: | [2016] VCC 1572 | |
REASONS FOR SENTENCE
---
APPEARANCES: | Counsel | Solicitors |
| For the DPP | Ms J. Malobabic | OPP |
| For the Accused | Mr P. O’Halloran | VLA |
HIS HONOUR:
1 Naomi Ross, you have pleaded guilty to one charge of armed robbery. The offence occurred on 26 June 2016.
2 The prosecutor presented a summary of your offending. It is not my intention to repeat that summary. It was tendered in the plea hearing and it will be annexed to these sentencing remarks.
3 The maximum penalty for armed robbery is 25 years' imprisonment. This is one measure of its seriousness. The offence normally has a significant impact on the victim. Here was no exception. The victim states, “I’ve had to seek counselling since the incident, at first to help me return to work and then to help with my personal issues that started after the incident.” In addition, he has had three weeks' sick leave.
4 Ms Ross, it is usual for the offence of armed robbery to attract a significant term of imprisonment as a penalty. It will not do so in your case and I will now explain why.
5 First, you are a 39-year-old woman without any prior convictions.
6 Second, in 2004 you were diagnosed with a psychiatric illness. You have been under treatment since that time. In the months leading up to the offending, you had disengaged from mental health treatment and at the time of the offending, you were psychiatrically unwell. When you were arrested by the police, you were unfit to be interviewed.
7 Third, the offending falls within the very low range for offending of this type. You wore no disguise and there is no evidence of pre-planning. Although you did wave the knife in the air, you did not point it at the victim. In addition, the victim was warned by Mr Anton that you were unwell and for him to let you take what you wanted. I conclude this point by commending Mr Anton’s behaviour. He is a pharmacist who knew you. He saw you just prior to the offending and he followed you because he realised you were unwell.
8 Fourth, after your arrest, you spent 12 days in custody. This must have been very difficult for you. On 8 July 2016, you were transferred from the County Court to the Royal Melbourne Hospital on bail and on an inpatient assessment order under the relevant sections of the Mental Health Act 2014. You were diagnosed with schizoaffective disorder and you were a psychiatric inpatient until 22 July 2016. You had a period of re-admission from 11 August 2016 until 16 August 2016.
9 Fifth, you are currently on a community treatment order. You are prescribed depot antipsychotic medication, which is injected every three weeks and an oral antipsychotic medication to be taken each evening. Dr Hannah Lake, senior psychiatric registrar at the Waratah Clinic, has provided a report in which she says, “Ms Ross will require long-term treatment with antipsychotic medication. She will require psychoeducation around the nature of her illness, relapse triggers, the role of medication in recovery and early warning signs. This is currently managed under a community treatment order. With time, it is hoped that Ms Ross will be able to engage in treatment voluntarily. A longer term goal would be for Ms Ross’ illness to be managed by a general practitioner, with support from Waratah.” Obviously, Ms Ross, it is important that you remain compliant with your treatment regime and this includes taking your medication.
10 Sixth, you entered an early plea of guilty. Your plea has spared the victim from the trauma associated with giving evidence. The plea has also saved the expense of a criminal trial. I am satisfied that you are genuinely remorseful. You will be given appropriate credit for all these matters.
11 Seventh, because of your psychiatric illness, general and specific deterrence should be moderated as sentencing considerations and your moral culpability reduced.
12 Eighth, you have consented to having this charge heard in the Koori Court. In doing so, you agreed to participate in a process that involves appearing before an Elder from the Koori community. The process is described as a “sentencing conversation.” The Court of Appeal in Victoria has recognised that the "sentencing conversation" in the Koori Court is designed to further the reformation of an Aboriginal offender.[1] Participation in the process is not easy. Indeed, it is challenging and your active participation in the process is a factor that mitigates punishment. It was obvious to me from the way you participated in the sentencing conversation that you were sorry for what you had done and that you do have insight into the importance of complying with your treatment regime. This augurs well for your future rehabilitation.
[1] See The Queen v Steelie Morgan [2010] VSCA 14 at page 11.
13 For all of these reasons, a sentence of imprisonment is not an appropriate order in this case.
14 Please stand.
15 Ms Ross, I am going to place you on a community corrections order for a period of 12 months. Because of the circumstances of the offence and because of the circumstances personal to you, the order will be made without conviction. The order requires you to be of good behaviour for the next 12 months and to comply with a number of special conditions that I will now announce. First, you must participate in assessment and treatment for drug and alcohol abuse. Second, you must participate in mental health assessment and treatment. And finally, you are not enter the BWS store in the Milleara Mall, East Keilor, during the next 12 months.
16 This order will require you to report to the Sunshine Community Corrections Centre before 4 o'clock on Wednesday. The address of that centre will be on the papers that we give to you - it is 10 Foundary Road, Sunshine, Victoria.
17 Now, forms are being printed and in a moment I will ask you to come and sit behind Mr O'Halloran and he will check the forms and assist you in signing them.
18 So the important thing to remember about this order is that there can be no more trouble. So that means you have got to stay on your medication and keep working with the people who administer the community treatment order.
19 Although there is a condition on the CCO for mental health assessment and treatment, Community Corrections will work with the Waratah Clinic.
20 So the really important obligations under the CCO are first, to do the drug and alcohol counselling that will be required, and second, to make sure you do not go back to the BWS store in East Keilor. Do you understand all of that?
21 OFFENDER: I do.
22
HIS HONOUR: All right. Look, you can step down now and come and take
a seat behind Mr O'Halloran.
23 Finally, I announce that I make the disposal order sought by the prosecution.
24 MS MALOBABIC: Thank you, Sir.
25 HIS HONOUR: So you understand all that has happened, Ms Ross?
26 OFFENDER: Yes.
27 MS MALOBABIC: As Your Honour pleases.
- - -