Director of Public Prosecutions v Skinner
[2020] VCC 1944
•4 December 2020
| IN THE COUNTY COURT OF VICTORIA | Revised Not Restricted Suitable for Publication |
AT MELBOURNE
CRIMINAL JURISDICTION
CR 20-00959
CR-20-01425
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| SHAYNE SKINNER |
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| JUDGE: | HER HONOUR JUDGE WILMOTH |
| WHERE HELD: | Melbourne |
| DATE OF HEARING: | 26 November 2020 |
| DATE OF SENTENCE: | 4 December 2020 |
| CASE MAY BE CITED AS: | DPP v Skinner |
| MEDIUM NEUTRAL CITATION: | [2020] VCC 1944 |
REASONS FOR SENTENCE
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Subject: Criminal law - sentence
Catchwords: pleas of guilty to total of 29 charges on two indictments and two summary charges, including attempted aggravated burglary, burglary, theft, handling stolen goods, criminal damage, dealing in the proceeds of crime – charged as an accessory in relation to attempted aggravated burglary and burglary charge involving co-offenders entering residence –elderly victims traumatised - drug-related offending – childhood adversity leading to anxiety disorder and self-medication – progress made in prison - good prospects for rehabilitation
Sentence: 6 years and 8 months with a non-parole period of 4 years.
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APPEARANCES: | Counsel | Solicitors |
| For the Director of Public Prosecutions | Mr J. O'Toole | OPP |
| For the Accused | Mr J. Miller | Haines & Polites |
HER HONOUR:
1Shayne Skinner, you have pleaded guilty to charges on two indictments and to two summary offences. I am not going to read out the maximum penalties for all the charges as they are set out in the Prosecution summaries which will be annexed to these sentencing remarks.
2On Indictment No.K12532337 there are three charges of burglary, 11 charges of theft, two charges of negligently dealing with proceeds of crime, one charge of theft of a firearm, one charge of attempted aggravated burglary, one charge of damaging property, two charges of obtaining property by deception, one charge of obtaining financial advantage by deception, and one charge of possessing a drug of dependence.
3On Indictment No.L10017056 there are two charges of handling stolen goods, three charges of theft, and one charge of burglary.
4The summary charges are No.2 and 19 referring to possessing a prohibited weapon, namely knuckledusters and driving whilst your licence was
suspended.
5You committed these offences on the two indictments between 16 August and 27 September 2019, sometimes alone and sometimes in the company of
others.
6The charges on the second indictment relate to offending over several days from the 20th to 24 September. You were arrested on 27 September.
7Many of the offences are relatively low level offences, the details of which are set out in the prosecution summaries for each indictment, annexed to these sentencing remarks.
8The incidents giving rise to the charges include break-ins of unoccupied premises and vehicles associated with theft of items and damage to property, thefts of registration plates, which were then used on a vehicle and a trailer, thefts of fuel from service stations, possession of drugs and the use of stolen credit cards to purchase items from shops. Some of the damage caused was quite extensive. The more serious charges included the thefts of two cars and the charge of handling stolen goods, referring to a car stolen outside of Victoria in New South Wales. The most serious charges are those involving Ms Cavallin and Ms Smith.
9You committed these offences on 24 September when late that night you were picked up by three men as part of an agreement to commit a series of burglaries and thefts to satisfy a substantial drug debt of yours. Soon after midnight you and the three co-offenders went to the home of Assunta Cavallin in Yarragon. She was an 83 year old woman, living alone. You all entered the unlocked garage and one of the co-offenders stole an air rifle, which had belonged to
Mrs Cavallin's deceased husband. The three co-offenders forced entry into the house by smashing a window. You were charged with this offence and others on the basis of complicity.
10Mrs Cavallin had been asleep and was awoken by the noises made by the
co-offenders, who searched cupboards and drawers in the house, looking for items to steal. She remained in bed, pretending to be asleep. One of the offenders entered her bedroom, his face covered with a scarf, and searched the room, using a torch. After five minutes he left the room and shut the door. He returned shortly afterwards with a second offender, who was carrying the air rifle and they continued to search the bedroom. The co-offenders stole a torch from Mrs Cavallin's walking frame and three of her handbags which contained her purse and her bank cards.
11The co-offenders remained in the house for about 45 minutes before they left with you in the same vehicle in which you had all arrived. You all then drove to Mrs Cavallin's machinery shed where you stole a chainsaw. Mrs Cavallin was too frightened to call the police and it was not until the next morning that she informed her daughter, who did call the police.
12It is accepted by the prosecution that although you had agreed with the co-offenders to commit the burglaries and thefts, it cannot be proved that you knew that one of the co-offenders was armed with the firearm prior to entry into the house or that you actually entered the house. The incident at Mrs Cavallin's home gives rise to Charge 11, theft of firearm, Charge 10, burglary and Charge 12, theft.
13You and the other co-offenders then went to the residence of Jenny Smith in Trafalgar South. She was in that house, sleeping, and was woken by her dog barking. She saw one of the offenders using a torch from outside the front door, looking inside the house. He then started to kick on the door, attempting to gain entry whilst holding the air rifle. At this time you were outside the car and could not be seen by Mrs Smith. That is Charge 13, attempted aggravated burglary.
14The offender kicked the door many times and stated, 'Open the fucking door or I'll shoot you'. Mrs Smith replied, 'Go away. I'm calling the police'. She returned to her bedroom and called 000. She could see a co-offender on the other side of her house, still kicking at the house and yelling. After a short time you all left. You all went on that night to commit other offences at another property where considerable damage was caused and items stolen.
15The following morning, still on 25 September, you used Mrs Cavallin's bank card to pay for clothes and a taxi. Later that day you stole a car and stole items from a different car, including a bank card, which you used to buy items. You were arrested the next day, having been found by police, seated in the stolen car. When interviewed you admitted to other offending, the charges on the second indictment.
16Those charges relate to offending which began in New South Wales where you stole a car on 19 September and drove it into Victoria. That resulted in a charge of handling stolen goods. You fitted this car with registration plates which you stole and committed other thefts before forcing open a shed and stealing a chainsaw and a quad bike.
17Mrs Cavallin provided a victim impact statement in which she explained that such was her fear and anxiety after the offending, that she had to leave her home and move into a nursing home. This meant leaving her community, friends and neighbours, after living in her house for 47 years. She feels her life and her freedom have been devastated.
18Mrs Smith described the night as terrifying, and the fear often returns when prompted by a knock on the door or a car stopping outside. She was living, and she still does, with her daughter and grandson, who are equally fearful. Indeed, her grandson could not sleep in his own bed for many months. The family would like to have moved away but could not afford to do so.
19I am told that you have expressed your regret over the harm you caused. In particular, the fear you caused Mrs Cavallin and Mrs Smith and her family. The fact that you pleaded guilty at an early stage means you are entitled to a discount on your sentence for having assisted the criminal justice system and it indicates you have accepted responsibility for your offending.
20You are a 27 year old single man who, until your arrest, was living with your mother and sister. It is clear that this offending and your prior offending have arisen from drug abuse, which became a problem when you were in your early 20s. You do not present with the background commonly seen in the courts of a troubled adolescence leading to early substance abuse and criminal behaviour. Indeed, the material I have read indicates that as a 17 year old finishing Year 11 everyone was happy with you and you were about to start work in an engineering workshop. You had only been unemployed for two months before your arrest.
21Your offending history is short and began in 2017 with community dispositions being imposed requiring drug treatment. You breached both of them and for a number of quite serious offences you were sentenced to 12 months' imprisonment with a six months' non-parole period. However, you served the whole sentence because you had no suitable accommodation and you were released with no structure or supervision.
22You were keen to avoid drugs and to return to work but were unable to find employment and relapsed into drug use. In a depressed state you inflicted a deep cut on your arm from wrist to elbow, requiring outpatient treatment in hospital.
23Dr Cunningham, the forensic psychologist who assessed you in June, set out your background in some detail and diagnosed a generalised anxiety disorder. He considered that this arose from your childhood years with a combination of ADHD and longstanding conflict and resentment towards your father. This led to self-medicating with methylamphetamines, prompted by an incident when you were king hit at a nightclub a few years ago. Depression and a relationship breakdown resulted in an increase in your drug use and Dr Cunningham identified an inability to regulate your emotions, leading to the use of drugs as a form of mood management. He noted some protective factors which might reduce your risk of reoffending, including drug counselling, support of your family and a return to work.
24You have been in custody since your arrest, a total of 434 days by my calculation, and you have completed whatever courses have been available. You have signed up for a drug driving course with a view to getting your licence back when released. You have been drug tested with negative results. You have worked several jobs in trusted positions within the prison and you are now working as a cleaning billet.
25Because of the COVID-19 restrictions drug courses have not been available recently, nor have visits been possible, but you have been told that is likely to change before Christmas. Before the lockdown in March you had reconciled with your father, who visited you then.
26With your plans to return to live with your mother and sister once released and to avail yourself of support and supervision, unlike at the time of your previous release, your prospects for rehabilitation would appear to be positive, although somewhat guarded given the entrenched drug dependence you demonstrated.
27You are still relatively young and had accrued a good work record over several years and you appear to be well motivated to return to work. In sentencing you I take into account that as a relatively young man you have already served a prison term with no opportunity for parole and that now, facing a long list of many offences committed over a relatively short period of time, concurrency should be a significant focus of your sentence. Considering that you have responded well to imprisonment, the sentence should not be a crushing one.
28Dealing with the two indictments separately, I sentence you to the following terms of imprisonment in respect of the charges on the first indictment:
for Charge 13, three years;
for each of Charges 5, 10, 11, 12, 14, 15 and 19, two years;
for Charge 1, 18 months;
in respect of Charges 2, 3, 4, 6, 8 and 22, 12 months;
for each of Charges 7, 9 and 16, nine months;
for each of Charges 17 and 20, six months;
for each of Charges 18, 21 and 23, three months.
29On the second indictment I sentence you to the following terms of imprisonment:
for each of Charges 1, 3 and 6, two years;
for Charge 5, 18 months;
for Charge 2, 12 months;
for Charge 4, nine months.
30Turning to the summary charges:
for Charge 2 you are sentenced to nine months' imprisonment;
and for Charge 19, six months.
31The sentence for Charge 13 is the base sentence for the purposes of cumulation and I make the following orders for cumulation.
32On the first indictment 12 months of the sentence for Charge 10 and six months of each of the sentences for Charges 5, 14 and 19 are to be served in cumulation upon the base sentence.
33On the second indictment four months of each of the sentences for Charges 1 and 3, and three months of each of the sentences for Charges 5 and 6 are to be served in cumulation upon the base sentence. That results in a total effective sentence of six years and eight months. I order that you serve four years before being eligible for parole.
34If you had pleaded not guilty to these charges I would have sentenced you to eight years' imprisonment with a non-parole period of six years.
35With reference to your plea of guilty, Mr Skinner, I take into account the fact that you did plead guilty and that that is a matter to be taken into account because you facilitated the course of criminal justice and you avoided the need for the witnesses to have to come to court and give evidence, and that is very important.
36The prosecution seeks an order for disposal of the knuckledusters and the drugs and I make that order. I have not yet heard whether that was opposed or not so I will come back to that in a moment.
37In relation to charges 5 and 19, your licence is cancelled and you are prohibited from applying for a further permit or licence for four years.
38You have been in custody for 434 days not including today. I declare that time as having already been served and I shall note that on the court record.
39Mr O'Toole, did you want to raise a matter?
40MR O'TOOLE: If Your Honour pleases. Your Honour, having a look at Your Honour's draft orders in respect of the second indictment, the case number ending in 425, I understand it's Your Honour's intention to cumulate 14 months for that sentence upon the base on the other indictment.
41HER HONOUR: Yes.
42MR O'TOOLE: But I'm not sure - perhaps I just query whether it is properly described as being a total effective sentence of 14 months when Your Honour has imposed a higher sentence - - -
43HER HONOUR: Yes, that is probably not correct, yes, yes.
44MR O'TOOLE: - - - for two years and 18 months on other charges.
45HER HONOUR: Yes, that wording should be adjusted.
46MR O'TOOLE: Yes, Your Honour. That is the only matter.
47HER HONOUR: All right.
48MR O'TOOLE: And Your Honour's maths is quite correct with respect of all the charges. As the court pleases.
49HER HONOUR: Thank you, I do not think I had any indication of whether there was any opposition to the disposal order.
50MR MILLER: No opposition to the disposal order, Your Honour.
51HER HONOUR: Thank you. Any other matters at all?
52MR MILLER: Your Honour, there has been a question as to Mr Skinner's actual birth date and it is the 1993 date. There has been some sort of mistake along the way where his date of birth has been recorded as 1995. it is definitely 93.
53HER HONOUR: Thank you very much, All right, I will be leaving the Bench now. I will leave the link open in case my associate or tipstaff needs to raise anything with either of you.
54MR MILLER: As Your Honour pleases.
55MR O'TOOLE: As the court pleases.
56HER HONOUR: Thank you.
- - -
IN THE COUNTY COURT Court Ref: CR-20-00959
OF VICTORIA Indictment No. K12532337 AT MELBOURNE
CRIMINAL DIVISION
IN THE MATTER OF section 182 of the Criminal Procedure Act 2009
THE DIRECTOR OF PUBLIC PROSECUTIONS
v SHAYNE SKINNER
PROSECUTION OPENING FOR PLEA
Date of document: 19 October 2020
Filed on behalf of: The Director of Public Prosecutions
Prepared by: Vicki Toong
Abbey Hogan Solicitor’s code: 7539
Solicitor for Public Prosecutions Telephone: (03) 9603 6666
565 Lonsdale Street Direct: (03) 9603 7864
Melbourne VIC 3000 Ref: 1905515 / VT
Introduction
The Offender in this matter is Shayne Skinner, who, at the time of the below offences, was 24 years of age (born on 17 May 1995) (the Offender). At the time of these offences, the Offender intermittently resided at 58 Ashby Street, Trafalgar with his mother.
Between 16 August 2019 and 27 September 2019, the Offender, both alone and together with unidentified co-offenders, has committed a series of property offences, which culminated in his arrest on 27 September 2019.
For convenience, the offences will be grouped below into 12 separate incidents, as per the following table:
| Incident | Date(s) | Charge(s) |
| 1 | Between 16 – 19 August 2019 | 1 |
| 2 | Between 27 – 28 August 2019 | 2 |
| 3 | Between 4 – 6 August 2019 | 3, 4 and summary offence 2 |
| 4 | Between 10 – 11 September 2019 | 5 |
| 5 | Between 16 – 17 September 2019 | 6, 7 and 8 |
| 6 | 18 September 2019 | 9 |
| 7 | Between 24 – 25 September 2019 | 10, 11 and 12 |
| 8 | Between 24 – 25 September 2019 | 13 |
| 9 | Between 24 – 25 September 2019 | 14, 15 and 16 |
| 10 | 25 September 2019 | 17 and 18 |
| 11 | Between 25 – 26 September 2019 | 19, 20 and 21 |
| 12 | Between 26 – 27 September 2019 | 22 and 23 |
The victims in this matter are:
a.Carol Asbock, a Group Leader at the First Mountain Rivers Scout Group (Asbock) (charge 1);
b.Kathleen Pryor (Pryor) (charge 2);
c.Mark Faulkner (Faulkner) (charge 3);
d.Aaron Beasley (Beasley) (charge 5);
e.Baw Baw Shire Council (charge 6);
f.Westside Petroleum (charge 7);
g.United Petroleum (charge 9);
h.Assunta Cavallin (Cavallin) (charges 10, 11 and 12);
i.Jenny Smith (Smith) (charge 13);
j.Durkin Produce (charges 14, 15 and 16);
k.Intersport Australia (charge 17);
l.Daniel Clothier (Clothier) (charge 19);
m.Daniel Lewis (Lewis) (charge 20);
n.Saviges Road Fast & Ezy service station (charge 21); and
o.Rosemary Leason (Leason) (charge 22).
Offending
Incident 1
Between 9.00am on 16 August 2019 and 5.00pm on 19 August 2019, the Offender has attended at Bells Stadium located on Pinnacle Drive in Rawson. The First Mountain Rivers Scout Group used a shed at the Stadium to store their equipment.1
The Offender has attended at the shed and forced upon a locked roller shutter door and gained entry [charge 1: burglary]. Inside the shed, the
1 Depositions, p. 32.
Offender has searched through cupboards looking for items to steal, however, Asbock reported that nothing was stolen.2
Crime Scene Officer Leading Senior Constable Daryl Howard (LSC Howard) attended the scene and conducted an analysis of the shed. Inside the shed, LSC Howard located a black glove left by the Offender during the burglary.3
A forensic analysis of the black glove was subsequently linked to the Offender by way of DNA.
Incident 2
On 27 August 2019, Pryor parked her vehicle, a 2008 chrome coloured Mazda 3 sedan, at the Trafalgar Railway Station. Overnight, and prior to Pryor returning to her vehicle at 6.15pm on 28 August 2019, the Offender has attended at this location and broken the rear driver’s side window of Pryor’s vehicle, and stolen approximately six compact discs and two pairs of sunglasses [charge 2: theft].4
10.When Pryor returned to her vehicle at 6.15pm on 28 August 2019, Pryor observed the rear driver’s side window to have been broken, with glass strewn across the rear seat and on the pavement below.5
11.Pryor noticed that the above property was missing, and noticed a black glove on the front passenger seat. Pryor contacted police who attended and seized the black glove.6
2 Depositions, p. 32.
3 Depositions, p. 71.
4 Depositions, p. 65.1.
5 Depositions, p. 65.1.
6 Depositions, p. 65.1.
12.A forensic analysis of the black glove was subsequently linked to the Offender by way of DNA.
Incident 3
13.Between 6.00pm on 4 September 2019 and 8.00am on 5 September 2019, Faulkner was residing at the Criterion Hotel, Trafalgar, and had his vehicle, a Ford Falcon sedan, parked outside the hotel.7
14.Between these times, the Offender has attended at this location and stolen Faulkner’s vehicle’s number plates, being Victorian registration 1HY2NZ, from Faulkner’s vehicle [charge 3: theft].
15.At approximately 8.44am on 6 September 2019, Senior Constable David Barker (SC Barker) was on divisional patrol duties when he received a job to attend at 8 Gloucester Place, Warragul, in relation to a possible car accident.8
16.When SC Barker arrived at this address at approximately 9.16am, he observed a red coloured Ford sedan, bearing Victorian registration 1HY2NZ with a trailer attached.9
17.A passenger of the vehicle, Jordan James, told SC Barker that the Offender was the driver of the red Ford, but prior to police arrival, the Offender had left the scene.10
7 Depositions, p. 30.
8 Depositions, p. 66.
9 Depositions, p. 66.
10 Depositions, p. 66.
18.SC Barker conducted a search of the vehicle where he located a mobile phone. SC Barker activated the mobile phone and observed that the mobile phone was logged into the Offender’s Facebook account.11
19.During the search of the vehicle, SC Barker also located a set of knuckle dusters12 [summary offence 2: possess prohibited weapon without approval].
20.SC Barker examined the trailer but was unable to locate a chassis number or registration label, and therefore unable to obtain the lawful owner’s details13 [charge 4: negligently dealing with the proceeds of crime].
Incident 4
21.At approximately 3.00pm on 10 September 2019, Beasley left his vehicle, a white Holden Rodeo ute, parked in his driveway located at 60 Ashby Street, Trafalgar (next door to the Offender’s mother’s residence).14
22.Between 3.00pm on 10 September 2019 and 2.45pm on 11 September 2019, Beasley’s vehicle was stolen from his driveway.
23.On 12 September 2019, Beasley’s vehicle was recovered in bushland in Moe South, and was towed to the Admiral Towing Westbury Depot where LSC Howard attended and conducted a forensic examination of the vehicle.15
11 Depositions, p. 67.
12 Depositions, p. 67.
13 Depositions, p. 67.
14 Depositions, p. 34.
15 Depositions, p. 72.
24.LSC Howard located two latent fingerprints on the exterior of the driver’s side door, which were subsequently linked to the Offender16 [charge 5: theft].
Incident 5
25.Overnight between 16 September 2019 and 17 September 2019, the Offender has attended at Civic Place, Warragul, where he has stolen a set of number plates off a vehicle owned by the Baw Baw Shire Council (1EP7TJ)17 [charge 6: theft].
26.At 6.20am on 17 September 2019, the Offender has attended at the Westside Petroleum petrol station located on the Princes Highway, Morwell, driving a white Holden sedan bearing the stolen registration plates 1EP7TJ and towing a tandem car transport trailer18 [charge 8: negligently dealing with the proceeds of crime].
27.The Offender has proceeded to fill the vehicle with $80.00 worth of diesel fuel and drove away without making any attempt to pay19 [charge 7: theft].
28.This incident was captured on CCTV which clearly depicts the Offender.
Incident 6
29.At approximately 3.25pm on 18 September 2019, the Offender attended the United Petroleum petrol station located on Maffra-Sale Road, Sale. The
16 Depositions, p. 72.
17 Depositions, p. 36.
18 Depositions, p. 37.
19 Depositions, p. 37.
Offender was driving the same white Holden sedan as in incident five, and the vehicle was still fitted with the stolen number plates 1EP7TJ.20
30.The Offender proceeded to fill the vehicle with $76.00 worth of diesel fuel and drove away without making any attempt to pay21 {charge 9: theft].
31.The incident was captured on CCTV which clearly depicts the Offender.
Incident 7
32.Between 10.00pm and 11.00pm on 24 September 2019, the Offender was picked up by three unknown males in a small dark coloured hatchback. At this time, the Offender had a substantial drug debt and entered into an agreement or understanding with the co-offenders to commit a series of burglaries and thefts in order to satisfy that drug debt.
33.At 11.09pm, the Offender and his co-offenders attended at the McDonalds restaurant located in Moe where the Offender purchased a drink and received a receipt.
34.Over the next few hours, the Offender and his co-offenders committed a series of burglaries in the Yarragon, Trafalgar and Thorpdale areas.
35.Between approximately 12.00am and 1.30am on 25 September 2019, the Offender and his co-offenders attended at Cavallin’s address located at 51 Factory Road, Yarragon. Cavallin is an 83-year-old female, residing alone on the property.22
20 Depositions, p. 39.
21 Depositions, p. 39.
22 Depositions, p. 41.
36.The Offender and co-offenders have entered the unlocked garage attached to the main house. Inside the garage, one of the co-offenders has located and stolen an air rifle which had belonged to Cavallin’s deceased husband [charge 11: theft of firearm (complicit)]. The three co-offenders have then then forced entry to the main residence by smashing a lounge room window [charge 10: burglary (complicit)].23
37.The co-offenders have then searched all cupboards and drawers looking for items to steal. Cavallin, who was in her bed sleeping, was awoken by the sound of noises made by the co-offenders but remained lying in her bed, pretending to sleep.24
38.During the burglary, one co-offender entered Cavallin’s bedroom, his face covered with a scarf, and searched Cavallin’s bedroom using a torch. After approximately 5 minutes, the co-offender left Cavallin’s bedroom and closed the door.25
39.Shortly thereafter, the same co-offender returned to Cavallin’s bedroom with a second co-offender and continued to search Cavallin’s bedroom. The second co-offender was carrying the air rifle stolen from Cavallin’s garage.26
40.During this time, the co-offenders stole a torch from Cavallin’s walking frame and three of her handbags, one of which contained her purse and her Commonwealth Bank bank cards27 [charge 12: theft (complicit)].
23 Depositions, p. 41.
24 Depositions, p. 41.
25 Depositions, p. 41.
26 Depositions, p. 42.
27 Depositions, p. 42 – 43.
41.The co-offenders remained inside Cavallin’s residence for approximately 45 minutes searching throughout the house, before they left together with the Offender in the same vehicle they had arrived in.28
42.The Offender and co-offenders then drove to Cavallin’s machinery shed where the Offender and co-offenders stole a chainsaw29 [charge 12: theft].
43.The Offender and co-offenders then left Cavallin’s property between approximately 1.30am and 2.00am.
44.Cavallin remained inside her residence too scared to call police. It wasn’t until the next morning when Cavallin informed her daughter what had occurred, did her daughter call police.30
45.This charge of burglary is put on the basis that the Offender, together with his co-offenders, entered into an agreement or understanding to commit burglaries and thefts on this night. The Crown accept that it cannot prove beyond reasonable doubt that the Offender knew that one of his co- offenders was armed with the firearm prior to entry into Cavallin’s residence.
Incident 8
46.The Offender and co-offenders have then travelled from Cavallin’s residence to Smith’s residence located at 159 Sunny Creek Road, Trafalgar South. Smith was inside her residence, alone, sleeping at the time when she was awoken by the sound of her dog barking.31
28 Depositions, p. 45.
29 Depositions, p. 45.
30 Depositions, p. 43.
31 Depositions, p. 48.
47.A co-offender has exited the vehicle and approached the front door. Smith observed the co-offender using a torch to look inside her property.32
48.The co-offender has then started to kick on the front door, attempting to gain entry.33 The co-offender was holding the air rifle that was stolen from Cavallin’s residence a short time earlier [charge 13: attempted aggravated burglary (complicit)].
49.The co-offender kicked Smith’s front door multiple times, and stated “open the fucking door or I’ll shoot you”. Smith replied “go away, I’m calling the police” as she returned to her bedroom and called triple zero.34
50.As the co-offender attempted to gain entry, the Offender was present outside of the car, but out of sight of Smith.35
51.After Smith returned from her bedroom, she observed the co-offender on the other side of her house still kicking at the house and yelling. After a short time, the co-offender left Smith’s residence with the Offender and other co-offenders, in the same vehicle they arrived in.36
Incident 9
52.Shortly after 2.00am, the Offender and co-offenders attended at a secluded business property known as Durkin Produce, located at 68 Narracan- Connection Road, Thorpdale.
32 Depositions, p. 48.
33 Depositions, p. 48.
34 Depositions, p. 48.
35 Depositions, p. 578.
36 Depositions, p. 48.
53.The Offender and co-offenders forced entry into the administration component of the building, by smashing a glass sliding door with a fire extinguisher found at the property [charge 14: burglary; charge 15: criminal damage].
54.Whilst inside the building, the Offender and co-offenders have stolen a quantity of keys (for machinery and vehicles)37 [charge 16: theft], and smashed a glass vending machine38 [charge 15: criminal damage] and stolen assorted food items from inside the vending machine39 {charge 16: theft].
55.During the burglary, the Offender cut himself and bled in the staff area of the building.
56.Crime Scene Officer Leading Senior Constable Jon Thatcher (LSC Thatcher) attended the property on 29 September 2019 and conducted a forensic examination of the scene. During this examination, LSC Thatcher observed what appeared to be blood on the floor of the staff dining area and next to the vending machine.40
57.A swab was taken and later forensically analysed, and was forensically linked to the Offender by way of DNA.
58.The total value of property stolen during the burglary was approximately
$1,000.00, and the cost to make repairs to the damage property equated to approximately $5,000.00.41
37 Depositions, p. 55.1.
38 Depositions, p. 55.1.
39 Depositions, p. 55.1.
Incident 7 (continued)
59.At approximately 8.30am, First Constable Sean Macreadie received a call to attend at the intersection of Yarragon South Road and Roberts Road, Yarragon, in relation to abandoned property that was located by a member of the public on the side of the road.42
60.FC Macreadie arrived shortly after 9.00am to find a number of items scattered along the side of the road, approximately 100 metres west of the intersection.43
61.FC Macreadie recovered a black handbag, a scarf, lipstick, sunglasses, two envelopes addressed to Cavallin of 51 Factory Road, Yarragon, assorted papers and a receipt from McDonalds at Moe dated 24 September 2019 at 11.11pm for the purchase of a drink.44
Incident 10
62.At approximately 9.27am on 25 September 2019, the Offender attended at the Intersport Australia clothing store located at the Mid Valley Shopping Centre in Morwell.
63.Here, the Offender used one of Cavallin’s Commonwealth Bank bank cards (stolen during incident seven) to pay for clothing, valued at $60.0045 [charge 17: obtain property by deception].
42 Depositions, p. 68.
43 Depositions, p. 68.
44 Depositions, p. 68.
45 Depositions, p. 44.1.
64.This incident was captured on CCTV and clearly depicts the Offender.
65.The Offender then caught a taxi from the Mid Valley Shopping Centre to an associate’s residence in Morwell. At the conclusion of the journey, the Offender used the same Commonwealth Bank bank card to pay for the taxi fare (Cavallin’s bank card stolen during incident seven), which was valued at $11.6546 [charge 18: obtain financial advantage by deception].
Incident 11
66.At 5.00pm on 25 September 2019, Clothier left his vehicle, a blue coloured 2000 Mitsubishi Challenger with Victorian registration QFN511 parked at his residence located at 3 Mardan Street, Newborough.47
67.Between 5.00pm on 25 September 2019 and 5.55am on 26 September 2019, Clothier’s vehicle has been stolen from his address which was left unlocked, and passed shortly thereafter to the Offender, who has assumed possession of the vehicle knowing it was stolen48 [charge 19: theft].
68.At approximately 10.00am on 26 September 2019, the Offender and an unknown co-offender, driving Clothier’s vehicle, have attended at the Yallourn TAFE car park in Newborough.49 Here, the Offender and co- offender have entered an unlocked Toyota Hilux with Victorian registration 1EP7EP and stolen a wallet belonging to Lewis, containing his personal and bank cards50 [charge 20: theft].
46 Depositions, p. 56.
47 Depositions, p. 57.1.
48 Depositions, p. 610.
49 Depositions, p. 58.
50 Depositions, p. 58.
69.The Offender and co-offender have then attended at the Saviges Road Fast & Ezy service station at approximately 11.30am where, using Lewis’ bank card, the Offender has purchased a packet of cigarettes valued at $29.5051 [charge 21: obtain property by deception].
Incident 12 (and arrest)
70.At 6.30pm on 26 September 2019, Leason left her vehicle, a black coloured 2006 Hyundai Getz with Victorian registration TZO735 parked at her address in Morwell.52
71.Between 6.30pm on 26 September 2019 and 3.00am on 27 September 2019, the Offender has attended at Leason’s property and stolen the number plates attached to her vehicle [charge 22: theft].
72.At 3.00am, Constable Brendan Harris (Con. Harris) and Acting Sergeant David Cori (A/Sgt Cori) were patrolling in the Morwell area when they drove down Olivia Street, Morwell.53
73.There, Con. Harris observed a blue Mitsubishi Challenger in the driveway of 11 Olivia Street54 (bearing Victorian registration TZO735 – stolen by the Offender earlier that night), of which enquiries revealed that the vehicle was stolen the previous day (incident 11).
74.After observing from a distance for approximately an hour, Con. Harris and A/Sgt Cori approached the vehicle where they observed the Offender to be asleep on the driver’s seat with the seat reclined back.55
51 Depositions, p. 61 – 62.
75.After formulating an arrest plan, A/Sgt Cori smashed the driver’s side window with a glass breaker and instructed the Offender to get out of the vehicle. The Offender attempted to keep the door closed, however, Con. Harris reached inside the vehicle, unlocked the door from the inside and dragged the Offender out of the vehicle where he was handcuffed and arrested. The Offender was given his caution and rights.56
76.During a search of the vehicle, police located a small quantity of methylamphetamine57 [charge 23: possession of a drug of dependence (methylamphetamine)].
77.The Offender was then transported to the Morwell Police Station where he participated in a record of interview.
Record of interview
78.During the record of interview, the Offender stated:
a.In relation to charge 1 (burglary), the Offender could not recall being at the scout hall;58
b.In relation to charge 3 (theft of number plates), the Offender stated “it was probably me”;59
c.In relation to charge 4 (negligently dealing with the proceeds of crime – trailer), the Offender admitted to driving with the trailer, and knowing it was “a hottie” (ie. stolen);60
d.In relation to charge 5 (theft of motor vehicle), the Offender admitted to being in possession of the Holden Rodeo,61 but denied stealing it, but admitted to taking possession of it assuming it was stolen;62
e.In relation to charge 6 (theft of number plates), the Offender admitted to stealing the number plates;63
f.In relation to charge 7 (theft of petrol), the Offender admitted to doing two petrol “runs”64 and admitted to the theft;65
g.In relation to charge 8 (negligently dealing with the proceeds of crime – trailer), the Offender admitted to knowing the trailer was likely stolen,66 but that he got it off a friend;67
h.In relation to charge 9 (theft of petrol), the Offender admitted to the theft;68
i.In relation to charge 10 (burglary), 11 (theft of firearm) and 12 (theft), the Offender:
60 Depositions, p. 510.
61 Depositions, p. 498.
62 Depositions, p. 520 – 521.
63 Depositions, p. 604.
64 Depositions, p. 495.
i.Initially distanced himself from the three co-offenders, stating “they did a lot of stops”69 and “they were looking for cars”,70 and that he was ‘asleep for most of it’71;
ii.Later admitted to having a $17,000.00 drug debt72 and admitted to getting in the car with the co-offenders in an attempt to get rid of the debt because he could not ask his friends or family for any more money;73
iii.He stated that he had ‘two options’ – get in the car with the co-offenders knowing that they were to commit thefts and burglaries, or “knock” himself;74
iv.He admitted to wearing a ski mask;75
v.He admitted to hearing glass break;76
vi.He admitted to being in the shed at one point in time;77
vii.He did not deny going inside Cavallin’s residence, but could not remember;78
viii.He admitted to being in the shed when the co-offenders entered the house;79
69 Depositions, p. 528.
70 Depositions, p. 529.
71 Depositions, p. 533.
72 Depositions, p. 582.
73 Depositions, p. 583.
74 Depositions, p. 581.
75 Depositions, p. 537.
76 Depositions, p. 566.
77 Depositions, p. 571.
78 Depositions, p. 536.
79 Depositions, p. 572.
ix.He admitted to observing a co-offender carrying a firearm after the burglary;80
x.He admitted that the firearm was located in the shed of Cavallin’s residence;81
xi.He admitted to being on the side of the house during the burglary;82 and
xii.He admitted to being given one of Cavallin’s bank cards at the end of the night;83
j.In relation to charge 13 (attempted aggravated burglary), the Offender:
i.admitted to being present when one of his co-offenders ‘did something pretty stupid and pulled out a gun and made threats’;84
ii.admitted that it was the same gun used during the burglary;85 and
iii.stated that they did not gain entry to Smith’s residence;86
80 Depositions, p. 568.
81 Depositions, p. 572.
82 Depositions, p. 575.
83 Depositions, p. 552.
84 Depositions, p. 578.
85 Depositions, p. 578.
86 Depositions, p. 579.
k.In relation to charges 14 (burglary), 15 (criminal damage) and 16 (theft), the Offender:
i.admitted to getting out of the car once or twice;87
ii.admitted that one of the co-offenders stole a bag of keys;88
iii.admitted to wearing a ski mask during the burglary;89 and
iv.admitted to being desperate for cash;90
l.In relation to charge 17 (obtain property by deception), the Offender admitted to buying a shirt and cap with Cavallin’s bank card;91
m.In relation to charge 18 (obtain financial advantage by deception), the Offender admitted to paying for the taxi fare with Cavallin’s bank card;92
n.In relation to charge 19 (theft of motor vehicle), the Offender:
i.admitted to being located inside the car knowing it was stolen;93
ii.admitted to driving the vehicle;94 and
87 Depositions, p. 547.
88 Depositions, p. 548 – 549.
89 Depositions, p. 549.
90 Depositions, p. 551.
91 Depositions, p. 552, 557.
92 Depositions, p. 552.
93 Depositions, p. 492.
94 Depositions, p. 492.
iii.admitted to receiving the car for payment of $100.00 worth of drugs;95
o.In relation to charge 20 (theft), the Offender admitted to stealing Lewis’ wallet and bank cards with an associate;96 and
p.In relation to charge 21 (obtain property by deception), the Offender admitted to using the stolen bank card to purchase cigarettes.97
79.At the conclusion of the record of interview, the Offender was charged and remanded in custody.
Driving offence
80.On 23 June 2019, the Offender was issued with a traffic infringement notice which resulted in his licence being suspended for a period of 6 months from that date.98
81.Accordingly, between 6 September 2019 and 26 September 2019, the Offender was driving whilst suspended [summary offence 19: drive whilst suspended].
Chronology
| Date | Event |
| 17 May 1995 | Offender born |
| 23 June 2019 | Offender’s licence suspended for 6 months |
| 16 – 19 August 2019 | Charge 1 |
95 Depositions, p. 610, 614, 618.
96 Depositions, p. 596 – 597.
97 Depositions, p. 597.
98 Depositions, p. 488.
| 27 – 28 August 2019 | Charge 2 |
| 4 – 5 September 2019 | Charge 3 |
| 6 September 2019 | Charge 4 |
| 10 – 11 September 2019 | Charge 5 |
| 16 – 17 September 2019 | Charge 6 |
| 17 September 2019 | Charges 7 and 8 |
| 18 September 2019 | Charge 9 |
| 24 – 25 September 2019 | Charge 10, 11, 12, 13, 14, 15 and 16 |
| 25 September 2019 | Charge 17 and 18 |
| 25 – 26 September 2019 | Charge 19 |
| 26 September 2019 | Charge 20 and 21 |
| 26 – 27 September 2019 | Charge 22 |
| 27 September 2019 | Charge 23, arrest, record of interview, remanded in custody |
| 30 September 2019 | Filing hearing |
| 9 January 2020 | Committal mention (adjourned) |
| 5 March 2020 | Committal mention (adjourned) |
| 2 April 2020 | Committal mention (adjourned) |
| 30 April 2020 | Committal mention (listed for committal) |
| 12 June 2020 | Committal mention (adjourned administratively) |
| 15 June 2020 | Committal mention (submissions only committal listed) |
| 29 July 2020 | Committal hearing (submissions only), decision reserved |
| 5 August 2020 | Committal decision, committed for trial, pleaded not guilty (discharged on 3 offences) |
| 1 September 2020 | Directions hearing – adjourned for negotiations |
| 23 September 2020 | Matter resolved |
| 29 September 2020 | Directions hearing (vacated given resolution) |
| 26 November 2020 | County Court plea |
Maximum Penalties
82.The maximum penalties for the offences are set out in the table below:
| No. | Charge | Maximum Penalty |
| 1, 10, 14 | Burglary | 10 years’ imprisonment [Crimes Act 1958 s. 76(3)] |
| 2, 3, 5, 6, 7, 9, 12, 16, 19, 20, 22 | Theft | 10 years’ imprisonment [Crimes Act 1958 s. 74(1)] |
| 4, 8 | Negligently dealing with the proceeds of crime | 5 years’ imprisonment [Crimes Act 1958 s. 194(4)] |
| 11 | Theft of firearm | 15 years’ imprisonment or 1800 p.u. [Crimes Act 1958 s. 74AA(1)] |
| 13 | Attempted aggravated burglary | 20 years’ imprisonment [Crimes Act 1958 ss. 77 and 321P] |
| 15 | Criminal damage | 10 years’ imprisonment [Crimes Act 1958 s. 197(1)] |
| 17, 21 | Obtain property by deception | 10 years’ imprisonment [Crimes Act 1958 s. 81(1)] |
| 18 | Obtain financial advantage by deception | 10 years’ imprisonment [Crimes Act 1958 s. 82(1)] |
| 23 | Possess drug of dependence (methylamphetamine) | 1-year imprisonment or 30 p.u., or, if not satisfied not for the purpose of trafficking, 5 years’ imprisonment or 400 p.u. [Drugs, Poisons and Controlled Substances Act 1981 s. 73(1)] |
| Summary offence 2 | Possess prohibited weapon without approval | 2 years’ imprisonment or 240 p.u. [Control of Weapons Act 1990 s. 5AA] |
| Summary offence 19 | Drive whilst suspended | 2 years’ imprisonment or 240 p.u. [Road Safety Act 1986 s. 30] |
Guilty Plea
83.The matter resolved after the Offender was committed to stand trial after a submissions-only committal hearing.
Criminal History
84.The Offender has a criminal record; a copy will be filed with the Court.
Pre-Sentence Detention
85.The Offender has 426 days of pre-sentence detention available to him (excluding 26 November 2020).
Section 6AAA Sentencing Act 1991
86.Section 6AAA of the Sentencing Act 1991 applies in this case.
Victim Impact Statements
87.Assunta Cavallin (victim of incident 7) and Jenny Smith (victim of incident
8) have both made victim impact statements.
Ancillary Orders
88.The prosecution will make application for disposal of the knuckle dusters (summary offence 2) and methylamphetamine (charge 23).
89.Licence intervention is discretionary for summary offence 19.99
90.In relation to charges 5 and 19 (theft of motor vehicle), in the case of a conviction, the Court must cancel the Offender’s driver’s licence for a period the Court deems fit.100
…………………………..
Jordan O’Toole Counsel for the Director
99 Road Safety Act 1986 s. 28(1)(b).
100 Sentencing Act 1991 s. 89(4).
IN THE COUNTY COURT Court Ref: CR-20-01425
OF VICTORIA Indictment No. L10017056 AT MELBOURNE
CRIMINAL DIVISION
IN THE MATTER OF section 182 of the Criminal Procedure Act 2009
THE DIRECTOR OF PUBLIC PROSECUTIONS
v SHAYNE SKINNER
PROSECUTION OPENING FOR PLEA
Date of document: 11 November 2020
Filed on behalf of: The Director of Public Prosecutions
Prepared by: Vicki Toong
Abbey Hogan Solicitor’s code: 7539
Solicitor for Public Prosecutions Telephone: (03) 9603 6666
565 Lonsdale Street Direct: (03) 9603 7864
Melbourne VIC 3000 Ref: 2004950/VT
Introduction
The Offender in this matter is Shayne Skinner, who, at the time of the below offences, was 24 years of age (born on 17 May 1995) (the Offender). At the time of these offences, the Offender intermittently resided at 58 Ashby Street, Trafalgar with his mother.
The Victims in this matter are Peter Masters (Masters), Paul Rocelli (Rocelli), Ancilla Eunson (Eunson) and Graham Goldsworth (Goldsworth).
Offending
Between 6.00pm on 19 September 2019 and 5.00am on 20 September 2019, the Offender has attended at Masters’ address in Eden, New South Wales.
There, the Offender has stolen Masters’ 1999 Ford Fairlane, with registration AIR77R, which was parked out the front of Masters’ address, as the keys were located inside the vehicle.
The Offender has driven Masters’ vehicle from Eden, New South Wales, to Lakes Entrance, Victoria on the same night [charge 1: handling stolen goods].
On 20 September 2019, the Offender has stolen Victorian registration plates TBL361 from a 2004 Ford Falcon, which was in the possession of Rocelli, as a vehicle owned by Start Real Estate [charge 2: theft]. The Offender has fitted the stolen number plates to Masters’ vehicle.
Whilst in Lakes Entrance on 20 September 2019, the Offender received from an unnamed associate various identification cards belonging to Eunson, which had been stolen from Eunson’s 2007 Ford Falcon sedan on the night of 19 September 2019. The Offender knew the property to be stolen [charge 3: handling stolen goods].
On the same day, the Offender drove Masters’ vehicle, bearing the stolen registration plates TBL361, and attended at the Woolworths Petrol Station, located on The Esplanade, Lakes Entrance. The Offender proceeded to fill the vehicle he was driving with 36 litres of unleaded fuel, valued at $50.03, and left the petrol station without making any attempt to pay [charge 4: theft]. This was captured on CCTV footage.
On 24 September 2019, Masters’ vehicle was located by Country Fire Authority crews on fire at a camping site in Yallourn.
10.On 24 September 2019, the Offender has attended at Goldsworth’s address of 695 Brown-Coalmine Road, Yallourn North, where he forced open a shed door and entered Goldsworth’s shed [charge 5: burglary].
11.Whilst inside the shed, the Offender stole a Stihl branded chainsaw, valued at $250.00 [charge 6: theft].
12.The Offender has then exited the shed and proceeded to steal an unregistered quad bike from an external undercover area of the shed [charge 6: theft].
13.The Offender has driven away on the quad bike for a distance of approximately 400 metres, before the quad bike ran out of fuel.
Arrest and record of interview
14.The Offender was arrested by members of Victoria Police in relation to charges on CR-20-00959 on 27 September 2019, and subsequently remanded in custody.
15.On 30 September 2019, pursuant to an order under s. 464B of the Crimes Act 1958, the Offender was interviewed by Detective Senior Constable Jarred Smith (DSC Smith), where the Offender made full admissions to the offences.
Chronology
| Date | Event |
| 17 May 1995 | Offender born |
| 20 September 2019 | Charges 1 – 4 |
| 24 September 2019 | Charges 5 – 6 |
| 27 September 2019 | Offender arrested in relation to CR-20-00959 |
| 30 September 2019 | Record of interview |
| 23 December 2019 | Offender charged in relation to current matter |
| 15 October 2020 | Uplifted to Committal stream; Filing Hearing |
| 29 October 2020 | Committal Mention; SHUB PG |
| 26 November 2020 | County Court plea |
Maximum Penalties
16.The maximum penalties for the offences are set out in the table below:
| No. | Charge | Maximum Penalty |
| 1, 3 | Handling stolen goods | 15 years’ imprisonment [Crimes Act 1958, s. 88(2)] |
| 2, 4, 6 | Theft | 10 years’ imprisonment [Crimes Act 1958, s. 74] |
| 5 | Burglary | 10 years’ imprisonment [Crimes Act 1958, s. 76(3)] |
Guilty Plea
17.The Offender pleaded guilty to these charges prior to any contested hearing.
Criminal History
18.The Offender has a criminal record; a copy will be filed with the Court.
Pre-Sentence Detention
19.The Offender was on summons in relation to this matter and has nil pre- sentence available to him in relation to these charges.
Section 6AAA Sentencing Act 1991
20.Section 6AAA of the Sentencing Act 1991 applies in this case.
Victim Impact Statements
21.Nil.
Ancillary Orders
22.No ancillary orders are sought.
…………………………..
Jordan O’Toole Counsel for the Director
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