Director of Public Prosecutions v Singleton

[2017] VCC 1926

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

AT BENDIGO
CRIMINAL JURISDICTION

CR 17-01256

DIRECTOR OF PUBLIC PROSECUTIONS

v

DANIEL SINGLETON

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JUDGE:	HIS HONOUR JUDGE BOURKE
WHERE HELD:	Bendigo
DATE OF HEARING:
DATE OF SENTENCE:	13 December 2017
CASE MAY BE CITED AS:	DPP v Singleton
MEDIUM NEUTRAL CITATION:	[2017] VCC 1926

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	Ms K. Churchill
For the Accused	Ms E. Millar

HIS HONOUR:

1Daniel Singleton, you are to be sentenced for seven charges of armed robbery and one charge of attempted armed robbery.  The respective maximum sentences for these offences are 25 years' imprisonment and 20 years' imprisonment.

2You also to be sentenced for eight summary matters, all charges of committing an indictable offence on parole. 

3You have pleaded guilty to the indictable offences of 31 October 2017 and indicated pleas of guilty to the summary matters on 28 November.   When interviewed by police on 18 February 2017 you made full admissions.  The committal went by hand-up brief in June of this year, after which you entered pleas of guilty.  The matter was then listed for plea hearing in this court.

4You receive the benefit of your pleas of guilty and that high level of cooperation both from an early time.  You have facilitated the interests of justice and I find that you are genuinely remorseful.

5At your plea hearing, which ran on 31 October and 28 November, Mr Pickering for the Crown tendered a written Crown opening.  Ms Broughton, for you, tendered the forensic psychiatric reports and an addendum report dated 24 March 2014, 2 October and 27 November 2017 by Dr Kevin Ong.  Ms Broughton called your sister, Meredith Janosa to give evidence on your behalf.  Ms. Broughton also provided a written outline of plea submissions. 

6The circumstances of your offending are comprehensively set out in the tendered Crown opening, which is Exhibit A.  My own summary may therefore be shorter.  It is also informed by matters put to me, not challenged, and the evidence of your sister.

7In early February 2017 you had been released on parole for about 13 months.  That sentence had been imposed by Judge Tinney of this court.  On 26 March 2014 you were sentenced by him to three and half years' imprisonment with a minimum term of 18 months,  on two charges of armed robbery.  He declared 19 days of pre-sentence detention under s.18 of the sentencing act.

8Your sister, Meredith Janosa,  gave evidence of developing stability on that parole.  She stated that you functioned quite well, particularly in a period of living with her family.  However, she was forced to leave that accommodation and ultimately you moved to an area in Mornington where you had previously lived.  You were living alone;  but there were also old associations.  I accept that you had begun to use methylamphetamine again when you committed these offences.  You were also gambling on poker machines.

9Between 8 and 18 February you committed seven armed robberies and attempted another in the south-eastern and bayside areas of and near Melbourne.  Seven of the eight were committed on 17 and 18 February.  They were very similar in circumstances.  You were by yourself.  You targeted service stations and like convenience stores.  Times ranged from evening to early hours of the morning.  Most were late night or early morning.  You drove and used the same car, a Mazda registered in your own name.  On each occasion your weapon was a kitchen knife,  probably the same one.  You usually wore  hooded top and  cloth or  a bandana across your face.  There was more than one hooded top, perhaps two.  You demanded and stole cash, holding or brandishing the knife at your victims.

10On one occasion, Charge 1, you took the cash register itself.  Approximate sums range from $100 to $700.  The total is about $2,000.  You victims were attendants in vulnerable and isolated situations.  

11The attempted armed robbery at Langwarrin is Charge 7.  You were thwarted in that. The two attendants who were changing shift saw you approach.  They went into the stockroom and locked that door.  You escaped, ramming a vehicle.  The driver had tried to block your path.

12It was less than 40 minutes later that you committed Charge 8, an armed robbery at Carrum Downs.  You were arrested soon after in Mornington.  It is apparent that the police recognised and no doubt had intelligence on your car.

13There was an escalation in your offending.  Charges 3 to 8 were committed on 17 and 18 February.  Charges 5 to 8 on 18 February between just after midnight and 9.15 am.

14No victim impact statements have been tendered.  Victims have declined or have not been located.

15The conduct making out the summary offences are, , or is,  the seven armed robberies and attempted armed robbery I have described.  Your parole was revoked on 23 or 24 February.  Accordingly, you have begun to serve the balance of Judge Tinney's sentence.  Ms Broughton's outline states as at present an earliest release date of 26 October 2018.

16You are a 44 year old man in custody,  serving that sentence and awaiting my sentence.  You are the fifth eldest of 15 children.  You were raised and have mainly lived in the Frankston, Mornington area.  Despite the size of your family and no doubt difficulties because of that, you have spoken well of your parents and upbringing;  for example, to Dr Ong in 2014.  You were supported in court, before me, by your mother and sister.

17You went to school until Year 9.  Toward the later years there was truancy and misbehaviour with peers.  Your criminal history states a number of court appearances between the age of 18 and 20 years.  You have used alcohol and then drugs  from teenage.  You have used methylamphetamine over significant periods of your life.  As stated, you were doing so when committing these offences.  You have also gambled heavily and harmfully.

18After school you have worked in factories and for a prolonged period as a furniture removalist.  For some years you have received a disability support pension because of mental illness.

19You sister described a good time in your life when you were in a relationship with the woman who is the mother of your daughter.  She is now 20 years of age.  You lived with your partner and child for some years in Queensland and then in Endeavour Hills.  You worked as a removalist.  The relationship broke down about 15 years ago,  it seems in the context of your gambling and perhaps the onset of mental health symptoms.  You lost contact with your daughter.  However, during parole in 2016 and helped by your sister you were able to make some contact again.  You hold hope of re-developing a relationship.  I was told that your daughter still wants to see you.

20The criminal record filed with the indictment states court appearances dating from 1990, when you were 18.  There is an intensive period in 1990 to 1994;  albeit  for offending less serious than this.  There is a gap of almost ten years, a number of appearances in 2002 to 2006 and then about eight years without offending until Judge Tinney's sentence for two armed robberies in March 2014.  They were offences very similar to these.

21I have been provided with Judge Tinney's sentencing reasons.  As he remarked your prior offending does not approach the seriousness of the matters before him.

22It can be said that your offending in 2002 to 2006 may well have occurred in the context of developing mental illness.   In March 2005 the Magistrates' Court imposed a Community Corrections Orders,   one of its conditions being mental health assessment and treatment.  You came before the court again in 2006 for breach of the order.  Ms Broughton stated development of symptoms from that time Dr Ong states  a well-established diagnosis of chronic paranoid schizophrenia.

23It is not absolutely clear,  but this diagnosis seems to date from 2008 or 2009.  There have been hospital admissions and you were on a Community Treatment Order under the Mental Health Act when sentenced by Judge Tinney in 2014.  When unwell you experience,  I quote Dr Ong, 

“Persecutory delusional beliefs, auditory hallucinations and ideas of reverence".

24As to this offending before me you described voices to Dr Ong encouraging you to do the robberies because you needed  money.  Dr Ong is sceptical about this and puts the most likely immediate explanation for offending as related to financing gambling and drug use.  Dr Ong also states as follows in his 27 November addendum report.

"However, I note that Mr Singleton's chronic psychotic illness and gambling dependence is likely to have contributed to the offending,  specifically in relation to his poor and impulsive decision making.  It is my opinion that his impairment reduces Mr Singleton's judgement and ability to make calm and appropriate decisions, even in the face of likely legal sanctions.  This is evidenced by Mr Singleton's repeated offending, despite what appears to be genuine remorse for his actions.  Given his chronic mental health problems, Mr Singleton's likely to find any period of incarceration more onerous compared to a prisoner without such problems.  Due to resourcing issues, mental healthcare in custody is limited compared to treatment in the community.  In addition, the stressful environment of prison is more likely to have a detrimental effect on those who suffer from a serious mental illness, potentially exacerbating symptoms".

25I do not find that you were in a florid psychotic state, for example, affected by auditory hallucination when you committed these offences.  However, on the basis of Dr Ong's opinion there is room for some application of the so called Verdins principles related to assessment of your moral culpability and moderation of such sentencing purposes as denunciation and deterrence.  It is limited in accordance with Dr Ong's opinion.  I accept that your imprisonment is harder and that there is a risk of deterioration in your mental  illness.

26I note that when you committed the armed robberies, for which you were sentenced in 2014, your illness was well controlled by compliance under a Community Treatment Order and the Verdins principles were not invoked, nor argued before Judge Tinney.  He did find your illness to be a relevant part of the personal context or background to that sentence.  I find the same here.

27This was serious offending,  directed at vulnerable victims.  There are no victim impact statements;  however, I would find it to be likely, if not inevitable, that these people were seriously frightened by what you did to them.  Such offending is seen to be common.  You were sentenced in 2014 essentially for the same crimes.  You were on parole for that sentence when you committed these crimes.

28Accordingly, the sentencing considerations and purposes of deterrence, both specific and general, your moral culpability and denunciation are relevant.  Your mental illness moderates to some extent but does not remove that relevance.  Drug use and gambling do not mitigate.  There must be a proportionate punishment.  Clearly and as conceded a sentence of imprisonment is necessary.

29However, there are also moderating factors, which go to reduce the length of sentence.  They include the following.   

30(1)   Your plea of guilty and cooperation.  I find, as does Dr Ong, that you appear genuinely remorseful.

31(2).  Your personal background and circumstances.  This includes your mental illness, relevant in the way I have earlier found.  

32(3)   You failed on parole.  However, I do no utterly discount your prospects for rehabilitation.  It will depend heavily on you controlling your drug, alcohol and gambling dependence and upon compliance with mental health treatment.  I was told you will likely be placed on a Community Treatment Order when released from this sentence.  Dr Ong states improved insight into your illness and into the need for treatment, as compared with when he assessed you in 2014.  You have family support.  Your sister states that you can return to live with her.  You are estranged from your father and I was told of a longstanding intervention order as to both parents,  perhaps emanating from the time of your decline into mental illness.  However, your mother remains supportive.  You have the hope of a relationship with your adult daughter who, as I understand, now has a child.

33Because these offences were committed whilst on parole, under s.16(3)(B) of the Sentencing Act my sentence must be served cumulatively upon what you are now required to serve on cancellation of your parole in February 2017. It is not argued and I do find that there are exceptional circumstances such as to direct otherwise. However, I should also apply the principle of totality albeit, not inconsistent with the purpose and effect of s.16(3)(B), to my sentence.

34To some extent I should moderate my individual and total sentences, including the minimum term to reflect this.  I should also direct appropriate partial cumulation between the individual sentences on this indictment.  There should be some concurrency, particularly as to the summary matters.

35I agree with Ms Broughton's submission that this is a case which, for a number of reasons, justifies a minimum term which may seem lower than that commonly imposed.  You present as a man who needs  the support and assistance of parole,  aimed at stabilising your life situation with appropriate treatment of your illness and control of your drug and gabling dependence.

36Stand up, please.

37I sentence you as follows.  On Charges 1 to 6, inclusive, and Charge 8 you are sentenced to 18 months' imprisonment on each.  On Charge 7 you are sentenced to 15 months' imprisonment.  On each of the eight summary offences you are sentenced to one months' imprisonment on each.

38I direct that six months of the sentence for Charges 2, 3 and 5,  three months of the sentence for Charge 4,  two months of the sentence for Charge 6 and 8 and one month of the sentence for Charge 7 be served cumulatively upon Charge 1 and upon each other.  In other words, as I said, the summary offences are concurrent.

39That is a total effective sentence of three years and eight months. I set a minimum term before eligibility for parole of 18 months. That total sentence I have just described, pursuant to s.16(3)(B), must be served cumulatively upon the sentence presently undergoing. Under s.6AAA I indicate that my sentence would have been a sentence of six years with a minimum term of four years had you not pleaded guilty. Also cumulative upon the 2014 sentence.

40Sit down, please.

41What are the other matters, if any, that I need to address?

42MS CHURCHILL:  There is a disposal and a forfeiture order, as I understand,  flagged on the plea hearing, Your Honour.

43HIS HONOUR:  Yes, well I'll make ‑ ‑ ‑

44MS CHURCHILL:  I'll hand those to Your Honour.)

45HIS HONOUR:  I'll make those orders.  I'm presuming that there has been a forensic sample order and recorded on the database, I don't ‑ ‑ ‑

46MS CHURCHILL:  I would assume so, Your Honour, but let me ‑ ‑ ‑

47HIS HONOUR:  I don't recollect any ‑ ‑ ‑

48MS CHURCHILL:  Yes, Your Honour, there appears ‑ ‑ ‑

49HIS HONOUR:  Yes.

50MS CHURCHILL:  Back in May it was adjourned for DNA analysis to be provided so I assume that there's a sample.

51HIS HONOUR:  Yes.

52MS CHURCHILL:  There's no order sought.

53HIS HONOUR:  So there's no application for that?  So I'll sign the disposal order and ‑ ‑ ‑

54MS MILLAR:  Sorry, Your Honour.  Just in relation to the forfeiture order, the car is on that and I understand that's still disputed but not to be argued today.

55HIS HONOUR:  Is it?  I can't recollect being told that.  So it sits as a central feature in the offending.

56MS MILLAR:  Yes.

57HIS HONOUR:  I don't know what the criteria - so ‑ ‑ ‑

58MS MILLAR:  Your Honour, I think the issue is that ‑ ‑ ‑

59HIS HONOUR:  You're asking me not to make the order.

60MS MILLAR:  Not the forfeiture order.

61HIS HONOUR:  All right.

62MS MILLAR:  Not today, Your Honour.

63HIS HONOUR:  You want to argue it.

64MS MILLAR:  Yes.

65HIS HONOUR:  All right.

66MS MILLAR:  I've been asked if that matter alone ‑ ‑ ‑

67HIS HONOUR:  Well, I won't make it.  So what am I going to do?  I'll adjourn sine die my hearing of the application for forfeiture.

68MS MILLAR:  Or perhaps if that could be listed for a mention in the new year sometime.

69HIS HONOUR:  All right.  When should that be?  I'm not signing the forfeiture order.  Hand the forfeiture order back to the Crown.  Well, when do you suggest?  I'm going to Mildura in late January.

70MS MILLAR:  I haven't been given ‑ ‑ ‑

71HIS HONOUR:  I'll do it when I come back.

72MS MILLAR:  ‑ ‑ ‑ any particular dates.  I think Ms Broughton and Mr Pickering will appear on that matter.  So I haven't been given any particular dates.

73HIS HONOUR:  Well, why don't they just let me know when they want the matter heard.  I'll adjourn it sine die and they ‑ ‑ ‑

74MS MILLAR:  Yes, thank you, Your Honour.

75HIS HONOUR:  ‑ ‑ ‑ can contact my staff.  All right, nothing else needs to be done?

76MS CHURCHILL:  No, Your Honour.

77MS MILLAR:  No, Your Honour.

78HIS HONOUR:  All right, Mr Singleton can be taken into custody now.  All right, so I'll go and get my materials for the trial.  Thank you, Ms Millar, you're excused.

79MS MILLAR:  Thank you, Your Honour.

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