Director of Public Prosecutions v Singh
[2025] VCC 200
•28 February 2025
| IN THE COUNTY COURT OF VICTORIA | Revised Not Restricted Suitable for Publication |
AT MELBOURNE
CRIMINAL JURISDICTION
CR-24-02094
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| RAMANDEEP SINGH |
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JUDGE: | HER HONOUR JUDGE GWYNN |
WHERE HELD: | Melbourne |
DATE OF HEARING: | 24 February 2025 |
DATE OF SENTENCE: | 28 February 2025 |
CASE MAY BE CITED AS: | DPP v Singh |
MEDIUM NEUTRAL CITATION: | [2025] VCC 200 |
REASONS FOR SENTENCE
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Subject: Criminal law
Catchwords: Armed robbery, theft of a motor vehicle
Legislation Cited: Sentencing Act 1991
Cases Cited:
Sentence: Total effective sentence 10 months' imprisonment
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APPEARANCES: | Counsel | Solicitors |
| For the Director of Public Prosecutions | Mr I. Guan | Office of Public Prosecutions |
For the Accused | Ms N. Low | Victoria Legal Aid |
HER HONOUR:
1Ramandeep Singh, you have pleaded guilty on indictment to charges of armed robbery, dangerous driving whilst being pursued by police and theft of motor vehicle.
2You have also entered a guilty plea to a related summary offence of driving a motor vehicle whilst unlicensed. Your offending all occurred on 30 March 2024.
3In sentencing you for your crimes, I am obliged to consider the maximum penalty for each of the offences you have committed. Armed robbery carries a maximum penalty of 25 years' imprisonment, dangerous driving whilst being pursued by police carries a maximum penalty of three years' imprisonment and theft of motor car carries a maximum penalty of 10 years' imprisonment. The charge of unlicensed driving carries a maximum penalty of six months' imprisonment.
4These maximum penalties reflect the seriousness with which Parliament regards each of these offences.
5The circumstances of your offending are set out in a document entitled 'Revised Summary of Prosecution Opening for Plea' dated 24 February 2025. This is an agreed document and reflects your acceptance of each of the elements of each offence you have committed as well as the factual basis on which I am to sentence.
6I will refer to some of the facts outlined but have had recourse to the entire document.
The offending
7Around August of 2023 a silver Mitsubishi Lancer owned by Talt Anast was stolen from a car park in Richmond. It was this vehicle which you were driving on 30 March 2024, and you are charged with theft of motor vehicle on the basis that you knew it was stolen when you used it on that day. You are not said to be the actual thief in August 2023.
8Around midnight into the morning of 30 March 2024, Shubhkarmanjeet Kaur alighted from an Uber at the intersection of Heaths Road and Old Geelong Road in Werribee and began walking home along Heaths Road.
9She noticed you following her in a motor vehicle. You stopped and stared at her. You called out but Ms Kaur could not hear what you said. You then drove up to where she had walked and did that a number of times. You stopped your car, left the vehicle and stood approximately one metre from Ms Kaur and said 'give me your bag'. When you did so, you were holding a hammer in your right hand. Ms Kaur stepped back but you snatched the bag from her shoulder, got into the motor vehicle and drove away. These facts form the basis of the charge of armed robbery.
10Ms Kaur took a note of the registration number of the vehicle as RYA:695 and contacted her partner and her employer. She called police when she reached her home.
11At around 12.15 am on 30 March 2024 police saw your vehicle travelling northward on Derrimut Road at a fast speed and, on checking, police identified that the number plates did not match the vehicle description. Police activated their lights and sirens and commenced pursuit.
12You U-turned and travelled southward along Derrimut Road and entered Rebecca Promenade. You sped up, failing to stop on police direction. Police Air Wing and multiple unmarked police vehicles joined the pursuit.
13Police stop sticks were successfully employed but you continued to drive in what was described as an erratic manner, with multiple flat tyres. You turned right over a median strip across intermittent oncoming traffic. You attempted to overtake vehicles on the wrong side of the road against the traffic whilst driving on multiple flat tyres and the wheel rims. You also drove onto the wrong side of the road through a roundabout.
14You continued to a residential estate off Doherty’s Road in Tarneit. Police stop sticks were again successfully employed but you continued to travel on the wheel rims. You continued to drive in the same residential estate until boxed in by police vehicles. You were then arrested. These facts form the basis of the charge of dangerous driving whilst being pursued by police.
15That pursuit lasted approximately 30 minutes. On inspection of the vehicle by police members, Ms Kaur’s bag was located, as was a hammer.
16Upon interview by police, you answered questions and made some admissions.
17You did not hold a driver's licence at the time of these events, forming the basis for the summary charge of unlicensed driving.
Offence gravity and victim impact
18This is serious offending.
19Ms Kaur was alone and vulnerable as she was walking home in the early morning of 30 March 2024. You were threatening and intimidating as you followed her in your vehicle and even more so when you approached with a hammer and stole her handbag. I am told that the bag contained some make up items, food, cards and keys – doubtless all items of importance to Ms Kaur. Thankfully it would appear that the items were recovered.
20I accept that your offending was spontaneous and opportunistic and the broad submission that, for an offence of its type, the armed robbery is not at the higher end in terms of its objective gravity, nor is the charge of theft of motor car. These observations are probably of cold comfort for Ms Kaur. Whilst there is no victim impact statement, I have little doubt that she would have found your actions frightening.
21As I have already referred, the charge of dangerous driving whilst being pursued by police took place over approximately 30 minutes and took multiple police resources. Your driving placed yourself, police members and other road users at risk. The final stage of this offence was in a residential area. Whilst in the early hours in the morning when it is likely that there were less people around, it was more good fortune than good management that no one was seriously injured.
22You showed a complete disregard for the safety of others. Whilst carrying a lower maximum penalty, I find the driving charge the more serious of those to which you have entered your guilty pleas
Plea of guilty
23The Sentencing Act 1991 obliges me to take into account the stage at which you entered your guilty pleas.
24These matters resolved at committal hearing on 28 November 2024 after negotiations and is accepted in those circumstances to be an early plea.
25Through this process you have saved the courts the time and expense of contested proceedings and witnesses of the need to attend to give evidence and, in the case of Ms Kaur, to relive distressing events.
26I accept that you are remorseful for your actions.
27These factors will be taken into account in your favour.
Personal circumstances
28You are now aged 37 years.
29You were born and raised in the Punjab, India, by your father, who worked as a farmer, and your mother who was responsible for home duties.
30You are the eldest of three boys and describe your upbringing as positive. Your father passed away approximately two years ago but your mother and one brother still reside in India. You have another brother in Canada.
31You completed a high school education in India. On leaving school you worked with your father on the family farm.
32In 2015 you left the family home to marry. You migrated to Australia on a spousal visa in June 2016 to be with your wife. She had obtained permanent residency. You settled in Griffith, New South Wales, and both worked on farms and in wineries.
33You have had two daughters with your wife, now aged six and seven years. Each of your daughters are Australian citizens.
34In 2018-2019 your family moved to Melbourne, residing in the western suburbs. You worked in gardening, cleaning and construction. You supported your family financially whilst your wife cared for your daughters. You were employed in construction at the time of your offending.
35Unfortunately you became attracted to illicit drug use whilst working in the construction industry where you commenced using cannabis and methamphetamine and your marriage broke down. You have struggled with drug addiction since 2019. You separated from your wife in early 2022 in that context, but did continue to care for your children at least two days or nights a week. You are still legally married. Your spousal visa lapsed in 2019 and you have been residing in Australia unlawfully since April of that year.
36In 2023 you commenced a new relationship with Ms Ruby Barrow–Marks. You have had a son with her in April of 2024. That child is currently the subject of a protection application in the Children’s Court of Victoria.
37You did maintain abstinence from drug use for some time but relapsed the week prior to your offending in March 2024. Your offending occurred in the context of that relapse.
38On your behalf a report authored by Austin Campbell, general psychologist, dated 7 February 2025 has been tendered. That report sets out much of your personal circumstances.
39In terms of the assistance that report provides to the sentencing task, Mr Campbell was of the opinion that your offending behaviour appears to be perpetuated by substance use issues and that your risk of future relapse is linked to you accessing treatment. This is somewhat obvious but reinforces the clear link between your drug use and offending behaviour. It would also appear that there is not any other barrier to your rehabilitation.
Deportation
40As referred to earlier, your spousal visa expired in 2019. You are not an Australian citizen.
41I accept that you face an imminent risk of deportation given you have been in Australia without a visa since 2019. You have pleaded guilty to the charges before me. During your plea hearing on 24 February 2025, the court received the following communication referencing you:
'The abovenamed are of interest to the Australian Border Force. It would be appreciated if you could provide any updates in regard to today’s court outcomes.
If a decision is made today that permits the release of any of these people from criminal custody, could you please notify our office immediately on (phone number follows).
Upon notification of a person’s release, we will determine if Australian Border Force officers must present to interview and escort them back to our office in relation to immigration matters.'
42This communication in part reinforces the likelihood of you being placed into immigration detention.
43I accept that you have had a life here in terms of paid employment, fathering three children and being in a relationship with, firstly your wife, and secondly with Ms Barrow-Marks. The threat of deportation is an additional burden for you in custody.
44It is likely that upon any release from the custodial setting you will be placed into immigration detention. The impact of that reality on the sentencing process is that I cannot, practically, consider a combination sentence so that you could access treatment and rehabilitation programs and supervision via a correction order.
Prospects for rehabilitation
45In terms of your prospects for rehabilitation, you have no prior criminal history.
46You have motivation towards a different way of life in your two children with your wife and in your desire to be a father to them and your young son with Ms Barrow-Marks. You wish to continue your relationship with her, and she remains supportive of you. She was present for your plea hearing.
47You have maintained contact with your eldest child whilst in custody and your current partner has visited you in custody with your son.
48You have no identified mental health issues or difficulties with your level of intellectual function. The primary context for your offending was that of drug addiction. If you can deal with that issue, there is no reason not to presume that you can live a law-abiding life as you had done before these matters. That process has undoubtedly commenced with your period on remand in and of itself. Otherwise, you are now prescribed methadone and are registered for drug rehabilitation courses. You have obtained a trusted position as a billet, reflective of compliant behaviour whilst on remand.
49You have now spent 335 days in custody including today. You have never before been exposed to the custodial setting. I accept that there is both sanction and deterrence in the experience you have had to date.
50In all the circumstances, less weight attaches to the sentencing principles of specific deterrence and protection of the community.
Sentencing submissions
51In terms of sentencing submissions, your counsel contends that a term of imprisonment, which amounts to the time you have spent in custody to date, would adequately reflect all relevant sentencing considerations.
52The Crown contend that the Court could impose a combination sentence, that is, a term of imprisonment in combination with a community correction order, but that you would not be able to comply with it in circumstances where it appears unlikely you are going to be residing in the community. It is submitted that what is described as a ‘straight sentence’ is more appropriate. I understand this phrase to refer to a term of imprisonment without a non-parole period being fixed.
53This is in keeping with the submissions made on your behalf and I bear in mind the provisions of s11(2) of the Sentencing Act 1991.
Sentencing
54I make the ancillary orders as sought for disposal of the hammer used by you in the armed robbery of Ms Kaur.
55The basic purposes for which a court may impose a sentence are just punishment, general and specific deterrence, rehabilitation, denunciation and protection of the community.
56In sentencing you, I must have regard to a range of matters which include the seriousness of the offending, your culpability for it, your personal circumstances and those of any victims. I must also balance the interests of the community in denouncing criminal conduct with the interest the community clearly has in seeking to ensure, where possible, that offenders are rehabilitated and reintegrated into society.
57 I have taken into account the sentencing purposes referred to in s5 of the Sentencing Act where relevant to your case and the current sentencing practices for the offences for which you have pleaded guilty.
58For summary charge 9, unlicensed driving, you have no prior history. It was part and parcel of the dangerous driving charge and that, in addition to totality, leads me to prove and dismiss that charge.
59On the offence of theft of motor car, you are convicted and fined the amount of $1,000. Any driver's licences held are cancelled and disqualified for a period of 18 months commencing today.
60On Charge 1, that of armed robbery, you are convicted and sentenced to eight months' imprisonment.
61On Charge 2, dangerous driving whilst being pursued by police, you are convicted and sentenced to six months' imprisonment. Two months of that sentence is cumulative on the sentence imposed on Charge 1.
62Any driver's licences held are cancelled and disqualified for a period of two years commencing today.
63Your total effective sentence is therefore one of 10 months' imprisonment, of which I reckon 335 days as having already been served.
64Section 6AAA of the Sentencing Act1991 requires me to state the sentence I would have imposed had you not pleaded guilty to the charges. If not for your pleas of guilty, I would have sentenced you to two years' imprisonment with a minimum of 12 months' imprisonment before being eligible for parole.
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