Director of Public Prosecutions v Shaw

IN THE COUNTY COURT OF VICTORIA

AT MELBOURNE

CRIMINAL DIVISION

Revised
Not Restricted
Suitable for Publication

Case No. CR-23-02109

DIRECTOR OF PUBLIC PROSECUTIONS

LACHLAN SHAW

---

JUDGE:	HIS HONOUR JUDGE TIWANA
WHERE HELD:	Melbourne
DATE OF HEARING:	20 February 2025
DATE OF SENTENCE:	12 March 2025
CASE MAY BE CITED AS:	DPP v Shaw
MEDIUM NEUTRAL CITATION:	[2025] VCC 240

REASONS FOR SENTENCE
---

Subject:Criminal Law – Sentence
Catchwords:              Armed Robbery – Category 2 offence - Committed at night in company – A large metal vacuum pole and a knife used in the offending – Victim sustained injuries – Limited but relevant prior criminal history – Young offender – 18 years old at the time of the offending – Good prospects of rehabilitation – Positive compliance with Youth Supervised Bail – No further offending – Bugmy considerations – Plea of guilty.
Legislation Cited:     Crimes Act 1958; Sentencing Act1991.
Cases Cited:Bugmy v The Queen (2013) 249 CLR 571.
Sentence:                 20 months’ detention in a Youth Justice Centre.

---

APPEARANCES:	Counsel	Solicitors
For the DPP	Mr M Cookson (Plea) Mr A Taghar (Sentence)	Office of Public Prosecutions
For the Accused	Mr T Glass	Slink & Keating

HIS HONOUR:

Lachlan Shaw, you have pleaded guilty to one charge of armed robbery,[1] contrary to s 75A of the Crimes Act 1958. This offence carries a maximum penalty of 25 years' imprisonment.
[1]The plea was entered on 2 December 2024 following a sentence indication that a Youth Justice Centre Order will be imposed. This indication was given on the same day the plea was entered.
As the armed robbery was committed in company and resulted in the victim being injured, it is a Category 2 offence. This means I am required to sentence you to a custodial order unless one of the circumstances set out in s 5(2H)(a) to (e) of the Sentencing Act 1991 is established. Your counsel did not seek to rely on any of these exclusions.
The circumstances of your offending are set out in an agreed prosecution opening dated 23 January 2025.[2]
[2] Exhibit A.
Circumstances of the offending
At the time of the offending you were 18 years old. Your co-accused in this offending, Reece Green and Kamilla Barnett, were also both aged 18.
At about 4:00 pm on 13 October 2022, Barnett sent a message to the victim, Mr Dylan Osman, via Snapchat. The victim had met Barnett once some years earlier. Barnett sent the victim numerous messages throughout the evening asking for marijuana. The victim replied saying he was at work and would message her when he finished.
Between 9:00 pm and 10:00 pm the victim replied to Barnett, asking for her address. They planned to meet and smoke marijuana. Barnett sent the victim an address.
At around 10:47 pm, the victim arrived at the address provided. Barnett was waiting out the front. She got into the victim’s car and directed him to a park nearby in Cranbourne. The victim suggested they go to another spot, but Barnett said to trust her and that she always went to that spot.
Barnett told the victim to “come in the back seat” of the vehicle so that they could smoke back there. The victim and Barnett were in the back seat for a few seconds before the victim saw a group of 8 or 9 males walking over to the car.
The victim jumped into the driver’s seat. Barnett said, “are you trying to leg it?”. The victim tried to lock the door, but the locks weren’t working.
You and Green approached the car. The victim recognised Green as the boyfriend of Barnett.[3] The victim identified you after hearing your name during the offending and searching it.
[3]The victim subsequently identified Green from a photo board identification conducted by the police.
Barnett opened the passenger side door and you jumped in the front passenger seat holding a pole. Green walked up to the driver’s side window. Green tapped on the window with a big knife and said, “open up”. Green tried to open the door. The victim started the vehicle and attempted to reverse but the vehicle hit a tree.
Green opened the driver’s side door and started stabbing the victim with the knife. The victim had his hands over his head, and his knees close to his body to try and protect himself. At the same time, you were hitting the victim on the head with the 50 to 60 centimetre steel pole. There were other males in the back seat. The victim had his hands over his head and screamed out, “stop, I’ve had enough”.
The victim then looked to his right and saw the knife coming to his face, he felt Green stab him to the right eyebrow. The victim then felt people trying to grab him out of the car and felt Green stabbing him to the stomach.
At this time, one of the other males present yelled out “red hot, red hot”. A couple of the males got out the back seat and ran off, whilst a few others stayed momentarily. Green then said to the victim “don’t do anything stupid, we know your details”. The remaining males then also ran off.
As they ran away, the victim heard Green state, “I stabbed you cunt” or “I stabbed you 3 times cunt. That’s what you get”.
After the incident, the victim realised his wallet containing cash, personal and identification cards, and his iPhone XR had been stolen.[4]
[4] Charge 1 – Armed Robbery.
Shortly after, a person from a neighbouring property came outside and advised the victim the police were on the way.
The victim was observed to have a laceration to the right side of his forehead as well as small stab wounds and scratch marks to his right hip and right leg. He was conveyed to the Alfred Hospital.
At about 7:50 am on 17 November 2022 the police attended your residence in Cranbourne to execute a search warrant. Police seized from your address: a metal vacuum pole in the TV room;[5] a Woolworths everyday rewards card in the victim’s name; and a black Apple iPhone.
[5] Exhibit D.
When you were initially interviewed you denied any involvement in the matter and told police lies about your knowledge and involvement. You maintained that you were at home at the time of the offending. You were subsequently placed in a cell with a covert operative to whom you revealed some details of the offending. Sometime later the formal interview recommenced and you maintained your lies by denying involvement in the offending.
In relation to this offending, Green and Barnett were charged and pleaded guilty to an offence of robbery in the summary stream. They were each sentenced in the Magistrates’ Court in September 2023 to a 12 month Community Correction Order. Green was sentenced without conviction and Barnett with conviction.
Regrettably, the factual basis upon which Green was sentenced in the Magistrates’ Court was markedly different to the factual basis of the offending now before this Court. At that time it was not alleged that Green was the person with the knife, as is now contended by the prosecution.
Accordingly, whilst I do bear in mind the sentences imposed on Green and Barnett, I note that their respective cases were settled on a different legal and factual basis. I am sentencing you for a different, and far more serious offence involving the use of weapons. I can well understand that you would feel aggrieved at the generous resolution that your co-accused received the benefit of.
Criminal record
You have admitted a criminal record consisting of three appearances in the Queensland Children’s Court. On 24 May 2021 you were sentenced in respect of an armed robbery in company for which you were placed on a probation order for nine months without conviction. On 23 June 2021 you were convicted and sentenced to a 12 month probation order in respect of a number of offences, including possess utensils or pipes that had been used, possessing dangerous drugs, and unlawful use of motor vehicles. On 17 September 2021 you were sentenced to a reprimand without conviction for an offence of stealing.
Personal circumstances
Your counsel, Mr Glass, has set out your background in his written plea submissions dated 14 February 2025.[6] He also relied upon your background set out in the Supervised Bail Progress Report dated 10 August 2023.[7]
[6]Exhibit 1.
[7]Exhibit 2.
I have also taken into account the Youth Justice Centre Order pre-sentence report compiled by Ms Del Monte and dated 11 February 2025.[8] This report also sets out your background.
[8]Exhibit C.
You were born in August 2004, and according to your counsel, have no siblings from your parents’ union.[9] You are now 20 years old and therefore, remain a young offender.
[9]I note that Exhibit C states that you have three siblings which I am told are half siblings.
You grew up in Cranbourne, living with your mother and stepfather. You did not have a good relationship with your stepfather, and you would argue a lot. Your stepfather became physically violent towards you when you were 11 years old.
This violence caused you to leave your home and you resided with friends for two weeks. Your mother purchased a plane ticket so that you could go to Brisbane and live with your father.
You lived with your father in Brisbane between the ages of 12 and 17.
You describe your lifestyle in Brisbane as chaotic. Your father introduced you to drugs, including methamphetamine, when you were 12 years old. Your father would have men at home, all using drugs. According to you, there was not a day whilst you resided in Brisbane that you were not under the influence of methamphetamine.
Your father was violent and was in and out of prison. There were periods when you were homeless and had to fend for yourself.
You completed schooling up until mid-way through year 9 before being expelled.
Shortly prior to your return to Melbourne you spent three months on remand in a Youth Justice facility in Brisbane. During this time, you did not use methamphetamine and returned to the community clean.
When you were released, you were 17 and in a relationship. You returned to Melbourne with your girlfriend. You have a son who was born in 2022. Your relationship has ended. Your ex-partner and son moved to Queensland in May 2023. You have not seen them since.
You worked as a tyre fitter at Bob Jane T-Mart for approximately 12 months between the ages of 17 and 18. Since then you have been unemployed and in receipt of Jobseeker payment.
You are working towards obtaining an electrician apprenticeship. You enrolled in a Certificate II and III in Electro Technology at Chisholm College. However, due to this pending matter you have deferred from the course.[10]
[10] Exhibit C incorrectly notes that you have withdrawn from this course. At plea your counsel corrected
this to note you have temporarily deferred the course while this matter is attended to.
You currently live in Cranbourne in emergency housing through Wayss Youth Support Services.
Since returning to Melbourne, you have cut off contact with your father. You no longer speak to him due to the trauma you experienced whilst in his care.
You have had a fractured relationship with your mother due to feeling abandoned by her when she sent you to Queensland at the age of 12. However, you now enjoy a more positive relationship, and she has supported you throughout your current court proceedings.[11]
[11] It is noted that you did not consent for Youth Justice to contact your mother for the purpose of the
assessment.
You have been in a relationship with Ms Sweeney for the last two years. She has supported you in court at all your hearings. You have remained abstinent from illicit substance use for over two years and credit Ms Sweeney for her support in maintaining your abstinence.
Gravity of the offending
Armed robbery is an inherently serious offence. That fact is abundantly clear from the maximum term of 25 years’ imprisonment.
You engaged in pre-meditated conduct to lure the victim to a location at night where you were waiting, in company, to rob him. This was a brazen and deliberate group attack upon a lone and terrified victim. You were armed with a large metal pole,[12] which you used to strike the victim on the head. Green was armed with a knife that he used to cause the victim injury. As a result of being attacked, the victim sustained injuries.
[12]It is accepted that it was a vacuum pole.
While there is no victim impact statement,[13] it is clear that your victim would have been absolutely petrified whilst being attacked by a pack of offenders at night, who stole his property using significant violence with weapons.
[13]The victim declined to make one.
Your offending needs to be denounced. I must pay due regard to the sentencing purposes of general and specific deterrence, as well as just punishment and community protection. Your youth also requires an emphasis on your rehabilitation.
Defence submissions
Mr Glass, relied on the following matters in mitigation:
(a)Your youth;
(b)Childhood deprivation giving rise to Bugmy considerations;[14]
(c)Your good prospects of rehabilitation; and
(d)Pleas of guilty.
[14] Bugmy v The Queen (2013) 249 CLR 571 (‘Bugmy’’).
You were 18 at the time of the offending. You are now 20 and remain a young offender. I must pay regard to your rehabilitation, particularly, in light of your solid progress on Youth Justice Supervised Bail over a period of some 8 months between November 2022 and September 2023. You have remained abstinent from drug use and importantly have not been in any further trouble since this offending in October 2022. You enjoy a settled relationship with your partner who has been a positive influence in your life. You also now enjoy a more productive relationship with your mother. You continue to engage with Into Jobs and Taskforce for support regarding employment. Additionally, although you have temporarily deferred, you are enrolled in Certificate II and III of Electro Technology. You hope to complete these certificates and find employment as an apprentice electrician.
It is important that you maintain your progress. I accept that you have good prospects of rehabilitation.
You have endured significant hardship from a young age. You were exposed to parental separation and family violence. This trauma was compounded by exposure to substance abuse and neglect during your time in Queensland. You have endured instability in living arrangements, including periods of homelessness. The lack of stability impacted your education. Your disadvantaged background engages the Bugmy principle and allows me to moderate your moral culpability in a general sense.
You entered a plea of guilty following a sentence indication hearing. Your plea of guilty has saved the community the time and cost of a trial and has spared the victim from having to give evidence. Your plea has facilitated the course of justice and you have taken responsibility for your actions. Accordingly, you must receive credit for that.
The Youth Justice Centre Order pre-sentence report states that you place stronger emphasis on how the offending has impacted you. However, I am prepared to accept that your plea of guilty and your positive progress over the last two and half years, demonstrates some remorse.
Ultimately Mr Glass submitted that balancing the seriousness of the offending with the mitigating factors, and taking into account the importance of rehabilitation, all sentencing objectives could be met by the imposition of a sentence of detention in a Youth Justice Centre.
Prosecution submissions
The matters in mitigation were not in dispute, Mr Cookson, on behalf of the prosecution, conceded that your continued rehabilitation was an important objective when considering the appropriate disposition.
Mr Cookson relied upon written submissions dated 1 September 2024.[15]
[15] Exhibit B. Although they were prepared in circumstances where neither party were alive to the
availability of a Youth Justice Centre Order.
Having carefully considered all relevant factors and circumstances, in my judgement, all sentencing purposes, including general deterrence, specific deterrence, denunciation, community protection and rehabilitation, can be met by the imposition of a Youth Justice Centre order.
I have had regard to the Youth Justice Centre Order pre-sentence report. Having regard to the matters set out in s 32(2) of the Sentencing Act, I am satisfied that you have reasonable prospects of rehabilitation, and that you would be particularly impressionable, immature, or likely to be subject to undesirable influences in adult custody.
On the charge of armed robbery, I convict and sentence you to 20 months’ detention in a Youth Justice Centre.
Pre-sentence detention
Pursuant to s 18 of the Sentencing Act, one day of pre-sentence detention, not including today's date, is declared as having already been served.
Section 6AAA declaration
Pursuant to s 6AAA of the Sentencing Act, I indicate that had you pleaded not guilty and been found guilty, I would have been sentenced to a term of 3 years and 6 months’ detention in a Youth Justice Centre.
Other orders
I grant the disposal order sought by the prosecution.

[2025] VCC 240

12 March 2025