Director of Public Prosecutions v Sharp

[2016] VCC 923

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR 14-00325
CR 15-00282
CR 16-01142

DIRECTOR OF PUBLIC PROSECUTIONS

v

CAMERON SHARP

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JUDGE:	HIS HONOUR JUDGE JORDAN
WHERE HELD:	Melbourne
DATE OF HEARING:	30 June 2016
DATE OF SENTENCE:	1 July 2016
CASE MAY BE CITED AS:	DPP v Sharp
MEDIUM NEUTRAL CITATION:	[2016] VCC 923

REASONS FOR SENTENCE
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Subject:
Catchwords:
Legislation Cited:
Cases Cited:
Sentence:

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr B Stougiannos	Office of Public Prosecutions
For the Offender	Ms R Avis	Victoria Legal Aid

1HIS HONOUR: 

2As already indicated, I will attach to these sentencing remarks the Schedule of Charges that identify the indictment numbers across the three indictments that have been filed.

3You have been found guilty of armed robbery by a jury.  The maximum penalty for this offence is imprisonment for 25 years. 

4A rifle was used in the course of the armed robbery. 

5You have also pleaded guilty to four lesser charges under the Firearms Act. The charge of storing firearm in an insecure manner whilst unlicensed carries a maximum penalty of four years' imprisonment. The charge of unlicensed person possessing cartridge ammunition in an insecure manner carries a maximum penalty of four years' imprisonment. A charge of non-prohibited person possessing a category A long arm carries a maximum penalty of two years' imprisonment and the charge of possession of cartridge ammunition carries a maximum penalty of 40 penalty units.

6The circumstances of your offending have been established in the course of a trial which ran from 14 to 22 May this year. 

7In summary, the facts which found the armed robbery charge are that you attended at the Keilor hotel on the Old Calder Highway a little after 8 am on Saturday 8 June 2013. 

8You had formerly worked at the hotel for some years and then you went off work on WorkCover for a considerable period of time, this was after you yourself were the victim of an armed robbery at the hotel in 2011.

9With respect to the offence before me, you were armed with a rifle and disguised with a balaclava, gloves and wearing shoe covers over your runners. 

10You pointed the rifle at the only employee at the premises at that time on the Saturday morning.  You got away with $19,835. 

11You obtained this by ordering the female worker to do a number of things including transact withdrawals from a number of safes at the hotel.  You asked her to lie face down on the floor and you then departed. 

12I regard this as a serious example of this type of offending.  There are a number of features which render it so.  You threatened her with a single barrelled rifle that was in operational order although there was no way of knowing whether it was loaded at the time.  You had the victim under your control with the weapon pointed toward her or in her general vicinity for a long period, something like 20 minutes or so. 

13Consistent with the general planning involved in your offending, you used a side street to park your vehicle and gained entrance from that side rather than park on the highway at the front of the hotel, or in a large public car park at the rear of the hotel. 

14You knew the likely rostered times and security system in place at that time on a Saturday morning and thus the likely 'softness' of your target.

15No patrons would be in the vicinity of the hotel at that early hour.

16It is also relevant that you yourself were the victim of that armed robbery back in 2011 at the hotel.  Apparently it caused you sufficient trauma to suffer PTSD and go off work for a considerable time.  You were still off work on WorkCover when you committed this offence on your employer.  The current victim was your former co‑worker.  It is relevant to culpability that you chose to inflict a similarly frightening set of circumstances on the lone employee given your personal knowledge of the possible effects on a victim of an armed robbery conducted at gun point.

17The amount of cash involved was not trivial. 

18The Victim Impact Statement has been tendered and it speaks for itself, Exhibit B.  That statement starkly records the emotional and mental trauma involved in offending such as yours that, on any view, would be a terrifying experience.  It speaks of the serious effects of "having a gun to your face and body" when it records, "I thought I was going to die". 

19I turn now to matters personal to you. 

20You do not have a criminal record.  There has apparently been no subsequent offending.  You are aged 31 years and were 27 at the time.  You have a young son but have become estranged from him and his mother.

21Defence tendered Written Plea Submissions, Exhibit 1.  A psychological report was tendered, Exhibit 2.  Written references from an aunt, Exhibit 3, and from a work mate and personal acquaintance, Exhibit 4, have also been received.  I have taken these into account.

22I accept your PTSD is ongoing and would make the burden of prison more onerous for you. 

23Your prospects of rehabilitation are good but to some extent are subordinate to other sentencing considerations in this type of offence.  In that context it needs to be said that armed robbery on commercial premises is a prevalent offence.  Your crime has been perpetrated upon a defenceless female working going about her business and in circumstances of isolation.  She was indeed a 'soft target'.  Your crime would instil terror into such a victim, and it did.  Your personal insight into those likely effects on a victim from your own experience as a victim in 2011 did not deter you from going ahead with your planning and then the offending.

24Your counsel pointed to a number of matters which you are entitled to have taken into account in mitigation.  Your lack of prior criminal history was relied on.  You were relatively youthful at the time.  Your rehabilitation prospects were described as being good.  There are no drug or alcohol issues.  Your time in prison has apparently been spent productively and it is consistent with your having realistic prospects of rehabilitation.

25Your counsel sensibly submitted that the appropriate and inevitable disposition was a term of imprisonment.  The Crown agreed. 

26It was submitted by the defence that the four firearms charges could be dealt with appropriately by way of sentences made concurrent with the sentence for the armed robbery. 

27To a large extent the Crown agreed that that was a sentencing approach to the firearm charges which was open to the court.

28In all the circumstances, including the use you made of that firearm, there is no need for cumulation.

29As well as those matters personal to you I have referred to, the court must also take into account other relevant sentencing considerations. 

30General and specific deterrence must be given weight in the sentence imposed this day.  In particular the protection of the community is a relevant sentencing factor.  The community cannot and will not tolerate offending which so seriously compromises its citizens' right to feel safe, working alone in their place of work.  Offending of this type can have devastating, physical and emotional consequences for the victim.

31Fortunately in your case there was no physical injury caused.

32The message must be clear and consistent that appropriate punishment will result in the circumstances.

33Your sentence must manifest the community's denunciation of your conduct and impose just punishment.

34I must protect the community from any repetition of this type of offending.

35I must seek to deter you and others from offending of this type.

36Stand up, Mr Sharp.

37On the charge of armed robbery, you are convicted and sentenced to five years imprisonment.  I direct that you serve three years and six months before becoming eligible for parole.

38On the charge of storing firearm in an insecure manner whilst unlicensed, you are convicted and sentenced to one month's imprisonment wholly concurrent with the sentence on the armed robbery charge. 

39On the charge of unlicensed person possessing cartridge ammunition in an insecure manner, you are convicted and sentenced to one month's imprisonment wholly concurrent with the sentence on the armed robbery charge.

40On the charge of non-prohibited person possessing a category A long arm, you are convicted and sentenced to one month imprisonment wholly concurrent with the sentence on the armed robbery charge.

41On the charge of possession of cartridge ammunition, you are convicted, and I make no further order.

42This makes a total effective sentence of five years with a non‑parole period of three years and six months.

43I declare 86 days pre‑sentence detention, pursuant to s.18 of the Sentencing Act.

44Pursuant to s.6AAA of the Act, I declare that but for your pleas of guilty to the firearms charges, I would have imposed two months' imprisonment on each of the first three of those charges I have described, and one month on the fourth of those firearm charges, all to be served concurrently with the sentence on the armed robbery charge. 

45I make the three ancillary orders that have been sought.

46Anything else required? 

47MS AVIS:  There's just one in relation to ‑ can I just confirm in relation to s.6AAA, you said it was two months and one month concurrent.

48HIS HONOUR:  On the first three of those firearms charges, two months on each of those to be served concurrently with the armed robbery sentence, and on the fourth of those, that's the one that ‑ ‑ ‑ 

49MS AVIS:  The storing the cartridge ammunition insecure manner.

50HIS HONOUR:  Yes.  That's the one that on reflection I need I think to say, with respect to that I would have just convicted and made no further order because it doesn't carry a prison sentence.

51MS AVIS:  That's the possession of the cartridge ammunition.

52HIS HONOUR:  Yes.

53MS AVIS:  Rather than the storing of the cartridges.  I just want to confirm because possession of the cartridge ammunition is the one that has no imprisonment, is that correct? 

54HIS HONOUR:  Well, that's what I've been told yesterday.  I can recite them again, if you like.

55MS AVIS:  Yes.

56HIS HONOUR:  That's why I prepared the schedule, as the summary that was given to me yesterday by the Crown, Exhibit A, cuts across the three indictments that have been filed.  Just so there's no doubt about it, with respect to the firearms charges, but for the plea of guilty, I would have imposed two months' imprisonment on each of those that carries a prison sentence and on the charge which just carries the penalty units, I would have just imposed a conviction and made no further order.

57MS AVIS:  Thank you, Your Honour.

58HIS HONOUR:  Is there anything else? 

59MR STOUGIANNOS:  No, sir, not from me.

60HIS HONOUR:  You want an application to make under the Appeals Costs Act.  I will do that.

61MS AVIS:  Yes, that's the only other thing outstanding.

62HIS HONOUR:  Any need to detain Mr Sharp, then, with respect to your application? 

63MS AVIS:  No.  It's just that the nature of the appeal costs fund certificate, it says no requirement in relation to Mr Sharp.

64HIS HONOUR:  Thank you.  Take Mr Sharp. 

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SCHEDULE OF CHARGES

CR-14-00325

Charge 1 on Indictment D12492540 – Armed Robbery

CR-15-00282

Charge 1 on Indictment D12492540.2 – Storing Firearm in an insecure manner whilst unlicensed.

Summary Charge 8 – Non-Prohibited person possessing a category A longarm

Summary Charge 11 – Possession of cartridge ammunition

CR-16-01142

Charge 1 on Indictment D12492540.3 – Storing Cartridge Ammunition in an Insecure Manner Whilst Unlicensed.