Director of Public Prosecutions v Scott

[2015] VCC 331

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR-15-00244

DIRECTOR OF PUBLIC PROSECUTIONS

v

SEAN SCOTT

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JUDGE:	HIS HONOUR JUDGE GRANT
WHERE HELD:	Melbourne
DATE OF HEARING:	12 March 2014
DATE OF SENTENCE:	17 March 2015
CASE MAY BE CITED AS:	DPP v Scott
MEDIUM NEUTRAL CITATION:	[2015] VCC 331

REASONS FOR SENTENCE
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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr D. Plummer	OPP
For the Accused	Mr M. McGrath	Balmer & Associates

HIS HONOUR: 

1Sean Scott, you have pleaded guilty to one charge of attempted armed robbery and two charges of armed robbery.  I have heard a summary of the offending.  It is not my intention to repeat the whole summary.  It has been tendered as Exhibit A in the plea proceedings. 

2Briefly, the first charge relates to an attempted armed robbery committed at about 2am on 22 October 2014.  The victim was walking through the Bourke Street Mall when you approached him and demanded his wallet. You then produced a knife with a six inch blade and demanded money.  The victim told you he did not have any money. He raised his hands to show you he did not have anything and he stepped backwards. You walked away.

3The second charge occurred about an hour later on the Yarra Promenade. You approached the victim as he was about to enter his apartment. You had a large kitchen knife in your hand and you demanded money. The victim gave you approximately $40. You then asked for his wallet, card, keys and phone. The victim replied that he did not have his wallet or phone. He handed over his apartment key.  As you walked off the victim said that he needed his key to get into his apartment. You threw it towards him and continued to walk away. The victim later told police that he thought you might stab him and that he felt quite threatened by your behaviour.

4The third charge occurred at Southbank just after 4am on the same day. The victim was a tourist from Taiwan.  He was to be collected from his hotel to go to the airport at about 4.20am.  While waiting, he decided to go to the nearby 7- Eleven store.  As he walked to the store you approached him with your two co-offenders.  One of them asked if he had money. The victim was scared and ran back to his hotel.  About five minutes later he decided to return to the store.  He could not see you in the area and he felt it would be safe to do so. As he approached the store, you and your two accomplices (Elias and Omaga) approached him.  You were carrying a metal pole, Elias a wooden pole and Omaga a shiny metal object.  Elias raised the pole and motioned towards the victim.  He was very scared and handed over his black waist bag.    As the three of you began to move away the victim grabbed Omaga.  You then proceeded to hit the victim to the arm and hands with the metal pole.  The victim tried to enter the store and felt a blow to the back of his head that knocked him to the ground.  You continued to hit him to the arms and body with the pole.  The three of you ran off.  The victim suffered a left little finger injury, a small laceration to the right ear, tinnitus of the right ear, dizziness and a superficial laceration to the left forearm. He paid $468.50 for his medical treatment.  

5You were arrested a short time after this third offence.

6Mr Scott, you have committed three serious offences.  Armed robbery carries a maximum penalty of 25 years' imprisonment.  Attempted armed robbery carries a maximum penalty of 20 years' imprisonment.  General deterrence, denunciation and just punishment are central sentencing considerations in cases of this type.

7In assessing the seriousness of your offending I take into account the following matters.  The attempted armed robbery and the first armed robbery were not sophisticated.  You wore no disguise and there was no physical violence.  Although both victims were soft targets, I am satisfied that these two offences are at the lower end of the scale of seriousness for offences of this type.  The second armed robbery is in a different category.  It is more serious. Again, you chose a soft target. You were with two co-offenders who also carried weapons.  When the victim grabbed one of your co-offenders you struck him a number of times with your metal bar.  When he went to the ground you continued to hit him to the arms and body.  You were not only threatening and menacing towards the victim you applied actual violence.  The experience for this victim must have been terrifying.  Fortunately, he suffered relatively modest physical injuries.

8Mr Scott, you come to court with a number of prior convictions from NSW courts for dishonesty matters.  You have been sentenced in the past to various orders including community service, a suspended sentence, periodic detention and sentences of imprisonment.  None of these orders have stopped your offending.  I accept that it is a matter in your favour that you do not have prior convictions for offences of violence.  On the other hand, these offences represent a concerning escalation in your offending behaviour.  Specific deterrence and protection of the community are also highly relevant sentencing considerations. 

9I now move to those matters that are relevant to your background and in mitigation. 

10You are a 29 year old man who has had a long standing problem with amphetamine abuse.  You told Dr Cunningham, a Forensic Psychologist who interviewed you on 9 March this year, that you began the intravenous use of amphetamines at the age of 14.  Your counsel told me that your drug use escalated when you were 16 years old.  Your drug addiction has dominated your life since that time. 

11Your very early years were difficult.  You were removed from your parents' care when you were two years old.  They had failed to protect you.  You were hospitalised with a broken femur and 2 collapsed lungs.  You were placed with a foster family that eventually adopted you.  Your counsel told me that you had a strict upbringing with that family and that you suffered some physical abuse at the hands of your foster father.

12You were not a good student academically but you were a good young sportsman.  You apparently excelled at both soccer and basketball.  However, by the time you were 16 you had left school and home.  No doubt your escalating drug use helps explain this.

13Your counsel pointed out that your drug use problems caused the fracturing of relations with your family and, later, the inability to maintain relationships with female partners.  You have a son who was born in 2010 but you have had no contact with him for some years.

14You have tried on two occasions to address your drug problems.  When you were 18 you spent some time in a residential facility in Canberra and in 2004 you spent 12 months in a treatment facility in Sydney.  You relapsed into drug abuse after both attempts at drug rehabilitation.

15In April 2014 you were sentenced to 4 months gaol by the Tweed Heads Local Court.  Upon completing that sentence you decided to move to Victoria to try and sever your links to your drug addicted life style in NSW.  This attempt was probably doomed to failure because you came to a city where you had no support and where you were homeless.  Within a relatively short time you were again using drugs.  Your counsel told me that your offending occurred after three solid weeks of ice use.

16Mr Scott, you have a long history of drug abuse and offending.  Past efforts to address the drug abuse have not been successful.  You will understand why in these circumstances I do not regard you as a good prospect for rehabilitation.

17You pleaded guilty at the committal mention.  It was an early plea of guilty and is indicative of remorse.  You will be given credit for your guilty plea.  It is an acknowledgement of your responsibility.  It has allowed the victims to avoid the trauma of giving evidence and it has saved the community the costs associated with a criminal trial.  You are entitled to a sentencing discount for these matters. 

18I accept that you are keen to enrol in and complete drug programs offered by the prison.  Indeed, you are on a waiting list for that purpose. 

19I accept that you would benefit from the support offered by the parole system upon your release from prison.  In fixing your sentence I have acted to ensure that the total sentence remains “just and appropriate” to the whole of your offending.  You will be sentenced as follows:

20On Count 1, convicted and sentenced to two years' imprisonment.

21On Count 2, convicted and sentenced to three years' imprisonment.

22On Count 3, convicted and sentenced to four years' imprisonment.

23I order that 3 months of the sentence on Count 1 and 9 months of the sentence on Count 2 be served cumulatively upon each other and on the sentence imposed on Count 3, making a total effective sentence of five years' imprisonment.  I fix a minimum period of three years before you will be eligible for release on parole.  I make a declaration that you have served 145 days as pre-sentence detention.  If you had been found guilty after trial I would have sentenced you to an effective term of seven years' imprisonment with a minimum of five years.

24I make the disposal order sought by the prosecution.

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HIS HONOUR:  Are there any other matters?

MS MILLER:  No Your Honour.

HIS HONOUR:  No, thank you.

MR McGRATH:  No Your Honour.

HIS HONOUR:  Yes, the prisoner can be removed thank you..

MR McGRATH:  One moment Your Honour.

HIS HONOUR:  Is there an issue?

MR McGRATH:  Your Honour, there's no issue with that, I was just out of an abundance of caution given that the retention of the forensic sample is automatic these days I was just checking that  there in fact was a sample taken at the interview and that was done so I'm happy.

HIS HONOUR:  Yes thank you both.

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