Director of Public Prosecutions v Saoud
[2015] VCC 806
•12 June 2015
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
Case No. CR-14-00470
Indictment No. D13151667.1
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| ROMIE SAOUD |
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JUDGE: | HIS HONOUR JUDGE SMITH | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 13 May 2015 | |
DATE OF SENTENCE: | 12 June 2015 | |
CASE MAY BE CITED AS: | DPP v Saoud | |
MEDIUM NEUTRAL CITATION: | [2015] VCC 806 | |
REASONS FOR SENTENCE
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Subject: CRIMINAL LAW
Catchwords: Sentence
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APPEARANCES: | Counsel | Solicitors |
| For the Director of Public Prosecutions | Mr A. McKenry | Solicitor for the Office of Public Prosecutions |
| For the Accused | Mr R. Thyssen | Tony Danos |
HIS HONOUR:
1 Romie Saoud, you have pleaded guilty to one count of armed robbery.
2 The circumstances of your offence are that on 11 September 2013, you approached a parked car and robbed three teenagers of their mobile telephones and a sum of money. At the time of the offence, you had on your person an offensive weapon, namely a Taser, which you used to threaten those persons. You held the Taser close to the head of one of your victims.
Background
3 You were born on 20 September 1990. At the time of your offending, you were aged 22. You are now aged 24.
4 You were born and raised in Melbourne. You completed your VCE and a personal training course to Certificate 3 level. You then attempted an electrical apprenticeship, which you did not complete. Later, you commenced a Diploma in Building and Management at RMIT, but withdrew from that course after a few months.
5 You are currently employed, on a permanent basis, by Hitachi Transport Systems.
6 You married in 2012 and currently live with your wife at your parents' home.
Prior Convictions
7 In August 2012, you appeared before the Sunshine Magistrates’ Court, having been charged with common affray, possessing cannabis and careless driving of a motor vehicle. You received a fine, without conviction, and were ordered to complete a Road Trauma Awareness seminar.
Subsequent Offending
8 Since committing the offence that is before me, you have committed a number of further offences.
9 On 10 October 2013, about one month after committing the current offence, you committed offences comprising robbery, threat to damage property, unlawful assault and theft. You were later convicted and sentenced to a 15 month community correction order. Those offences involved possession of a handgun, theft of mobile phones from and assaults against two young girls.
10 In August 2014, whilst you were on bail in connection with the offences for which you are currently before the Court, you committed offences of burglary, theft, recklessly causing injury, committing an indictable offence whilst on bail, and dishonestly receiving stolen goods. Those offences involved burglary and theft from a premises in Altona North and the later assault of a potential witness to those offences. In February 2015, you were convicted of those offences and sentenced to imprisonment for nine months, three months of which was suspended. Taking into account the time that you had already served, you were in custody until late March 2015.
11 Whilst I do not take these later offences into account as prior convictions, they are relevant to your prospects for rehabilitation. It is of particular concern that, so soon after you committed the offence that is before me, you committed further offences involving violence and dishonesty.
Sentencing Principles
12 Section 5 of the Sentencing Act provides the purposes for which sentences may be imposed. Briefly, these include the need to punish you for your offences in a manner that is just in all of the circumstances; to deter you and others from committing similar offences in the future; to manifest the Court’s denunciation of your offending; and to protect the community from you.
13 Those purposes also include the establishment of conditions within which it is considered that your rehabilitation may be facilitated. This is an important consideration in your case.
14 Further, s5(4) of the Sentencing Act provides that I should not impose a sentence on you involving confinement unless I consider that the purposes for which you are to be sentenced cannot be achieved by a sentence that does not involve your confinement.
15 In addition, I have taken into account each of the matters set out in s5(2) of the Sentencing Act.
16 In particular, these refer to:
(a)The maximum penalty imposed by Parliament for Armed Robbery being 25 years imprisonment. That period clearly demonstrates how seriously the community, through Parliament, views that offence.
(b)The nature and gravity of the offence; the offence here is a serious one. Your victims were vulnerable. They were aged 18 or 19. They were confined to the car in which they were waiting for a friend. They were properly described by the prosecutor as “soft targets”.
(c) Your culpability and responsibility for the offence. You alone were responsible for the offences. Your counsel described your offending as being part of a history of offending attributable to your use of the drug ice, methylamphetamine. Your addiction to ice does not in any way excuse your conduct, although it does provide context to your offending.
(d) The impact of your offences on the complainants. Each of the three complainants provided a Victim Impact Statement to the Court. All three speak of their fear when going out in public, their anxiety, and their paranoia, all attributable to your offending behaviour.
(e)Your personal circumstances - which I have taken into account.
(f) Finally, the date upon which you pleaded guilty to the offence. This matter was originally listed for trial on 7 May 2015. After one day of pre-trial argument, you indicated, through your counsel, that you would plead guilty to the offence. Whilst your plea of guilty came at a relatively late stage, and some 20 months after the offence was committed, it is still of utilitarian benefit. Witnesses were not put to the trouble of giving evidence in a trial, and the time occupied by the court was shorter than would have otherwise been the case, resulting in a saving of court resources.
17 In submitting that I should sentence you to a community correction order, your counsel referred me to the Court of Appeal’s guideline judgment in Boulton, which I have taken into account.
18 Mr Prosecutor, I wanted to query one matter - in the past there has been one community corrections order?
19 MR McKENRY: Yes, Your Honour, that's my understanding.
20 HIS HONOUR: And that was complied with, as I understand it.
21 MR McKENRY: No, it was breached.
22 HIS HONOUR: Refresh my memory on that.
23 MR McKENRY: He received a community-based order on 14 October 2013 of 15 months. On 9 December 2014 a contravention was proven and he was imprisoned for 14 days, concurrent with the sentence he was then serving.
24 HIS HONOUR: What was the nature of that breach, do you know?
25 MR McKENRY: The pre-sentence report indicates that there were five breaches, Your Honour, I'm not sure whether it gives any further detail as to how. On the second page of the pre-sentence report it says, "According to CCS records this [the previous order] was returned to court having been contravened through Mr Saoud's non-compliance with conditions of the order." At the end of that first paragraph it says, "It should be noted Mr Saoud did accrue five unacceptable absences from this condition", that's referring to drug treatment. Based on the chronology, Your Honour, my understanding would be it would be breached therefore by non-compliance and further offending during the terms of the order.
26 HIS HONOUR: Thank you. I will take those matters into account.
Mitigating factors
27 There were a number of factors which your counsel submitted went in your favour in terms of mitigating your sentence.
28 Firstly, when you committed the offence, you were aged 22. As I said before, you are now aged 24; you are still relatively young.
29 You are currently in stable employment, which goes to your credit.
30 You apparently still enjoy the support of your wife and your parents, with whom you live.
31 There were a number of character references tendered on your behalf. Collectively, these references speak of your extensive community involvement since your release from custody on other matters and that is to your credit.
32 I accept that, at present, you have ceased using the drug Ice.
33 In light of those matters, I accept that, at present time, I consider that you have relatively good prospects for rehabilitation.
Sentence
34 In all of the circumstances, I have come to the conclusion that the purposes for which you are to be sentenced cannot be satisfied by a wholly non-custodial sentence. In particular, I am concerned that you committed further offences involving both dishonesty and threatened violence within a short time of the offence in question, some of which occurred whilst you were on bail.
35 Notwithstanding your relatively youthful age, I consider that such later conduct demonstrates little, if any, true remorse for the offence in question and little, if any, intent on your part (at least at that time) to rehabilitate yourself.
36 Taking all of the circumstances into account, I have determined that a period of detention in prison is warranted.
37 It is my intention to sentence you to a term of imprisonment of four months together with a two year community corrections order with a number of conditions. I would only impose those sentences if you consented to the community corrections order and its conditions. I am in possession of a report from Corrections Victoria dated 13 May 2015 in which the author indicates that you are assessed to be suitable for a further community corrections order.
38 Mr Prosecutor, I have calculated 41 days of pre-sentence detention, is that correct?
39 MR McKENRY: That was an agreed sum, yes, Your Honour.
40 HIS HONOUR: You have already served 41 days by way of pre-sentence detention which will be subtracted from that four month term.
41 Before I ask whether you consent to the community corrections order and the terms, I need to tell you what the conditions will be. Firstly there are mandatory conditions which will be the same as would have applied to the earlier CCO to which you were sentenced some time ago. I will read those out in case you have forgotten.
42 Firstly,
(a)that you must not commit, whether in or outside Victoria, during the period of the order, an offence punishable by imprisonment;
(b)that you comply with any obligations or requirements provided by regulations;
(c)that you must report to and receive visits from the Secretary of the Department of Justice, or his nominee, as directed during the period of the order;
(d)that you must report to Werribee Community Correctional Services at 87 Synott Street, Werribee, within two clear working days from your release from prison;
(e)that you must notify the Secretary of any change of address or employment within two clear working days after that change;
(f)that you must not leave Victoria except with the permission of the Secretary; and
(g)that you must comply with any direction given by the Secretary that is necessary in order to ensure that you comply with this community corrections order.
43 In addition, there will be conditions that:
(a)you perform 200 hours of unpaid community work, pursuant to s.48C of the Sentencing Act;
(b)you must undergo assessment and treatment (including testing) for drug abuse or dependency as directed by the Regional Manager, pursuant to s48D; and
(c)you must be under the supervision of a Community Corrections Officer for a period of two years during that community corrections order, pursuant to s48E.
44 I have had regard, in making these orders, to the information, matters and recommendations made in the Corrections Victoria report.
45 Do you consent to such an order being made? Do you wish to have an opportunity to talk with your counsel?
46 PRISONER: Yes, Your Honour, I accept the decision.
47 HIS HONOUR: Have you discussed these - - - ?
48 MR DANOS: I think he's aware, Your Honour, of the general nature of the conditions.
49 HIS HONOUR: He's been subject to a CCO in the past.
50 MR DANOS: Yes and he's had his interview, Your Honour, so I think he's aware.
51 HIS HONOUR: Very well. Pursuant to s.6AAA of the Sentencing Act, I declare that had you not pleaded guilty to the offence, I would have sentenced you to a term of imprisonment of 12 months with a non-parole period of nine months.
52 I declare that 41 days of pre-sentence detention, not including today, be reckoned as having been served under the sentence and I direct that a declaration to that effect be recorded on the records of this court.
53 Are there other ancillary orders sought, Mr McKenry?
54 MR McKENRY: No, Your Honour, nothing else.
55 PRISONER: Your Honour, was that 41 days taken away from four months?
56 HIS HONOUR: Four months - you'll serve four months less 41 days.
57 PRISONER: Thank you.
58 HIS HONOUR: Can I say this to you, Mr Saoud, this is your second community corrections order. You breached the terms of the first and it's somewhat unusual that you would get a second chance like this. You would be very unwise to assume that you would get a third. Do you understand?
59 PRISONER: Yes, Your Honour.
60 HIS HONOUR: There is a document you need to sign, Mr Saoud, in relation to the community correction order. It sets out the conditions of the order and you are required to sign that you understand the effect and conditions of the order. I will hand it down to your counsel in a moment and he can discuss it with you in the dock.
61 PRISONER: No worries.
(Community corrections order signed and acknowledged.)
62 HIS HONOUR: Mr Saoud can be taken downstairs. Is there anything further, gentlemen?
63 MR McKENRY: No, Your Honour.
64 MR DANOS: No, Your Honour.
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