Director of Public Prosecutions v Said
[2014] VCC 235
•6 March 2014
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
Case No. CI-13-02055
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| AHMED SAID |
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JUDGE: | HIS HONOUR JUDGE O'NEILL | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 28 February 2014 | |
DATE OF SENTENCE: | 6 March 2014 | |
CASE MAY BE CITED AS: | DPP v Said | |
MEDIUM NEUTRAL CITATION: | [2014] VCC 235 | |
REASONS FOR SENTENCE
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Subject: CRIMINAL LAW
Catchwords: Sentence – multiple charges of theft of parking ticket machines – theft of motor vehicle registration plates –
Legislation Cited: Crimes Act 1958 – Sentencing Act 1991
Sentence: Three years’ imprisonment with non-parole period of 12 months. Section 6AAA declaration: 4 years’ imprisonment with non-parole period of two years.
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APPEARANCES: | Counsel | Solicitors |
| For the DPP (for Plea) | Mr S Ballek | Solicitor for Office of Public Prosecutions |
For the DPP (for Sentence) | Ms C Teague | |
| For the Accused | Mr A P Halphen | Pica Criminal Lawyers |
HIS HONOUR:
1 Ahmed Said, you have pleaded guilty to:
(a) Six charges of theft of parking ticket machines and cash, the maximum penalty for each being ten years’ imprisonment;
(b) Four charges of attempted theft of parking machines and cash, the maximum penalty for each being five years’ imprisonment;
(c) Three charges of theft of motor vehicle registration plates, the maximum penalty for each being ten years’ imprisonment.
Circumstances of offending
2 The facts are set forth in the Summary of Prosecution Opening,[1] which I adopt.
[1]Exhibit A
3 On a total of ten occasions between 1 March 2013 and 10 April 2013, you and two co-offenders tied toe straps to parking ticket machines at various locations around Melbourne and tore them from their bases. You were successful in removing the machines on six occasions and unsuccessful on four occasions, although on those occasions caused significant damage to the machines. In total, cash removed from the machines was almost $63,000. The cost of the damage or loss of the machines was almost $450,000.
4 In the course of this rampage, on three separate occasions, you and the other offenders stole motor vehicle registration plates which were affixed to your vehicle in the course of some of the robberies.
5 On 16 April 2013 the police located your van, which was used in the robberies with a parking ticket machine, recently stolen, next to the van. Further, were located the van’s original registration plates and clothing used by you and the co-offenders.
6 Around this time you left Australia and travelled to Afghanistan. Upon your return in July 2013 you were arrested and made a "no comment" record of interview as is your right. At the commencement of a contested committal hearing on 28 October 2013 you pleaded guilty to all charges. The prosecution accepts your plea of guilty was made at an early time.
Factors personal to you
7 You are now 23 years of age and were 22 at the time of offending. You were born in Afghanistan and your father was killed in the war in that country in 1992. Your mother came to Australia as a refugee in 1998. You have two brothers and a sister.
8 You were educated to Year 11 in 2008. After leaving school you had various jobs, including at your mother’s stall at the Victoria Market, in a call centre and as a factory hand. Since the offending and over the last several months you have been employed by Toll Transport as a truck jockey. Your hope is to obtain a truck driver’s licence and continue to work for that company as a truck driver.
9 In 2011 you were introduced to methylamphetamines (ice) and used that drug regularly from that time and throughout the course of your offending until you were arrested and jailed in July 2013. Counsel on your behalf said that throughout the period during which the thefts occurred you were using ice on a daily basis. Your motivation for the offending was said to be linked to your drug use and your share of the proceeds of the cash obtained from the machines was provided in ice. Since your arrest and incarceration it is said that you have ceased drug use completely.
10 You are currently living in your family home with your mother, brothers and sister. Evidence was given on your behalf by your sister-in-law, Ms Media Said. She holds a senior position at the Department of Human Services and was an impressive witness. She has known you for five years and came to live in your family’s home in 2013 when she married your brother. Over the period from 2008 to 2013 she described you as unresponsive, cold and existing in a zombie-like fashion. She said that you did not participate in family nor community affairs. You were regularly out all night. She said that after the time of your arrest there was a significant change in your life. You were remorseful for your conduct and were upset by the shame involved. You are now more positive about your future and more involved in family affairs. She said it was your intention to obtain work as a truck driver for Toll and eventually to work in your family’s market stall.
11 After your arrest you spent 22 days in custody and were then granted bail under a Court Integrated Services program. According to the two reports of Ms Bonny Grant, your case manager,[2] you adhered to all bail conditions and undertook a drug and alcohol assessment program through the Salvation Army. You attended a number of appointments with counsellors and a drug and alcohol clinician, Mr Dirk Francke, who said that you were highly motivated and made positive progress throughout the program. This was the first time you received appropriate drug and alcohol counselling.
[2]Exhibit 1
12 Drug screenings indicated that you maintained your abstinence from drug use. You also undertook and completed a Mental Healthcare Plan and attended a psychologist, Ms Hyacinth Montiero. Generally you attended all required appointments and were said to have engaged positively in the program. You said that you wanted to change your life and remain drug free. As a result compliance with the CISP program was removed as a condition of your bail.
Past criminal history
13 In April 2011 you were convicted of a number of burglary and theft offences related to house break-ins to support your drug habit. You were also convicted of a number of motor vehicle offences and on one occasion, for failing to answer bail. You were sentenced to jail but the sentence was wholly suspended. In addition you were required to undertake a Community Based Order. That order was breached by non-compliance and a Community Corrections Order was imposed. Further, in 2012, you were convicted of possession of a prohibited weapon, a set of nunchakus.
Sentencing considerations
14 The purposes for which a court may impose a sentence are:
· Punishment – to an extent and in a manner which is just in all the circumstances;
· Deterrence – both specific and general;
· Rehabilitation;
· Denunciation and protection of the community.
15 In sentencing you I must have regard to a range of matters such as the seriousness of your offending, your responsibility for it and your personal circumstances. I am required to balance the interests of the community in denouncing criminal conduct with the interests of the community in seeking to ensure that, as far as possible, offenders are rehabilitated and reintegrated into society.
16 You have pleaded guilty and are entitled to have that fact taken into account in your favour. Your plea of guilty evidences some remorse and you have avoided the cost of a trial and spared the witnesses the ordeal of giving evidence.
17 Although you have a history of prior offending that history is somewhat limited. You were twenty years of age at the time of first offending and I accept that that offending was also related to your use of ice. As your counsel conceded you were slow to learn your lesson, as not only did you continue to use that drug but you also failed to comply with all the requirements of the Community Corrections Order.
18 The circumstances of your offending were particularly serious. The crimes required significant pre-planning and involved you and other offenders assuming disguises. You were the owner of the vehicle used in the thefts. The value of the amount of cash stolen was substantial and the costs of the damage to the machines even more so. You and your co-offenders were responsible for loss and damage of over $500,000.
19 I accept the plea of your counsel that rehabilitation is an important sentencing consideration. I accept that you have reasonable prospects of rehabilitation and accept that you have taken significant steps along that path. You have remained drug free since your incarceration. You have a close and supportive family. In particular I was impressed with the evidence of your sister-in-law as to the steps you have taken since offending. You have the prospect of secure employment and I accept that you have expressed sorrow and remorse for your offending. As to whether you will remain drug free and able to become a contributing member of society, only time will tell. However, I accept that you have taken some steps along that path. I accept that you returned to Australia from Afghanistan to answer the charges against you, and that reflects, to some extent, that you have accepted responsibility for the offending. I further accept that you have benefited from the drug and alcohol program conducted by the Salvation Army and that this was the first time you have received appropriate treatment.
20 Your counsel has urged that any term of imprisonment to be imposed be wholly suspended. Alternatively, that you undertake a Community Corrections Order. In my view neither disposition properly reflects the seriousness of your offending.
Sentence to be imposed
21 Bearing in mind all the matters to which I have referred I impose the following sentence:
22 I am of the view that all of the offences display the same or similar method of operation and are generally of similar character. I therefore propose to impose an aggregate sentence in respect of all of the charges pursuant to s.9(1) of the Sentencing Act 1991. The effect of the proposed aggregate sentence is that you will receive one term of imprisonment in respect of all charges.
23 Upon the six charges of theft of parking ticket machines, the four charges of attempted theft of parking ticket machines and the three charges of theft of motor vehicle licence plates, you are convicted on each charge and ordered to serve a total term of imprisonment of three years.
24 Your counsel has urged that a shorter than normal non-parole period is appropriate. A longer period on parole will enhance your prospects of rehabilitation. I accept that those prospects are reasonable, providing you are able to remain drug free. Given your youth and the other factors to which I have referred which relate to your rehabilitation, I direct that you serve a minimum period of 12 months’ imprisonment before becoming eligible for parole.
Pre-sentence declaration
25 Pursuant to s.18(4) of the Sentencing Act 1991 I declare that the period of 22 days is be reckoned as a period of imprisonment already served under this sentence and I direct that this declaration and its details be noted in the records of the court.
Section 6AAA of the Sentencing Act 1991
26 Pursuant to s.6AAA of the Sentencing Act 1991 I state that but for your plea of guilty I would have imposed a total effective sentence of four years’ imprisonment with a non-parole period of two years.
Ancillary Orders
27 I shall make the disposal, forfeiture and compensation orders as sought by the prosecution. The orders are not opposed. Yes you can have a seat. Yes anything further?
28 MS TEAGUE: No Your Honour.
29 MR HALPHEN: No Your Honour.
30 HIS HONOUR: Thank you. 10.30.
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