Director of Public Prosecutions v Smith

[2017] VCC 1647

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR-17-02031

DIRECTOR OF PUBLIC PROSECUTIONS

v

RAYDEN SMITH

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JUDGE:	HIS HONOUR JUDGE MONTGOMERY
WHERE HELD:	Melbourne
DATE OF HEARING:
DATE OF SENTENCE:	6 November 2017
CASE MAY BE CITED AS:	DPP v Smith
MEDIUM NEUTRAL CITATION:	[2017] VCC 1647

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 L. Andrews
For the Accused	Ms R. Greensill

HIS HONOUR: 

1Rayden Smith, you have pleaded guilty to two charges of theft, four charges of handle stolen goods, four charges of armed robbery and one charge of attempted armed robbery.  The facts of the matter are set out in Exhibit 1, the summary of the prosecution opening.  It is not disputed by your counsel.  Any reader of these reasons can refer to that exhibit to place the sentence in its factual context. 

2As the prosecutor has just said, this was a series of offences that involved you in attending at soft targets, liquor stores, a 7-Eleven.  On occasions armed, on occasions with others, frightening victims.  Charge 9, you had a yellow Stanley knife; charge 7, a baseball bat and a blanket; Charge 6, a screwdriver; and Charge 4, an extendable baton. 

3It was submitted by your counsel that I could consider a youth justice order and she asked me to look at obtaining one.  However, my view is that that would be outside the range of sentencing that I should be considering, particularly when you bear in mind that at the time you were undergoing a community corrections order which you breached by this offending.  I am told by the prosecutor that your attendance at that order was not very good in any event.  You have been given lots of chances as just been recited by the prosecutor.  You have had probation.  You have had youth justice bail and you have not taken advantage of it. 

4You are a young person and of course I take that into account, however, as the case of Azzopardi makes clear, age can only go so far when an offender is committing serious offences.  And although it has moderated my sentence to some degree, you must understand that you are now 20 years and four months and this type of offending has to stop. 

5You have pleaded guilty and that is an admission of responsibility by you for your acts and has saved the court the time and expense of a series of jury trials and you will be given the appropriate discount for that.  I have read the report of Bernard Healey, dated 1 November 2016, which of course is not an up to date report.  It refers to your background, your problems with drugs and his assessment that your intellectual functioning is at an IQ scale of 64.  That is a scale where 99 per cent of people your age would perform better.

6You have been using the drug, ice.  That is of no assistance to someone like yourself, certainly taking into account the matters mentioned in Mr Healey's report and in particular, your low level of intellect.  You have attended Koori Court and I take that into account.  It seemed to me that you reacted well with the elders.  You expressed to them your desire to change your life.  Your mother was present to support you.  Your sister was in court to support you and I have taken that into account.

7You have now spent 165 days in gaol and you say that during that time you have been off the drugs and you have taken up painting and you wish to explore that when you are released and also perhaps get a job somewhere in the scaffolding business  through a member of your family.

8Each of these offences, particularly the armed robbery, can be categorised as very serious but to do four of a similar type within a short period of time is just outrageous.

9In sentencing you I am required to balance the interests of the community in denouncing criminal conduct with the interests of the community to seek to ensure as far as possible offenders are rehabilitated into society.  I express my denunciation of your behaviour.  People are sick and tired of young people walking into these types of places, service stations 7Elevens and committing armed robberies, for very little gain.  What were you getting out of it?  A couple of hundred dollars, some cigarettes and some alcohol.  Just crazy stuff.

10ACCUSED:  (Indistinct words) that day.

11HIS HONOUR:  I express my denunciation of your behaviour.  The basic purposes for which a court may impose a situation of punishment, general deterrence, that is I have to impose a sentence that stops other people like yourself from doing this sort of thing, and that is very important here.  Specific deterrence, that is I have to get into your mind not to do it again, and given your prior criminal history it has a particular relevance here.

General Rehabilitation

12You have expressed in Koori Court your desire to rehabilitate yourself and, really, you have been given many opportunities, looking at your criminal history sheet and the fact that you were on a CCO when you did this offending, you have just got to take it in hand.

Denunciation and protection of the community

13In sentencing you I must have regard to a range of matters such as the seriousness of the offending, your culpability for it, your personal circumstances and those of the victims.  No victim impact statements had been filed and my experience is, now having done a large number of these types of soft target cases, normally they are not filed.  Who would want to work at a 7Eleven, I ask?

14I consider, pursuant to s.9(1) of the Sentencing Act, because of the short period of time between the offences and the interrelated nature of the offences and type of offences, I am entitled to impose an aggregate sentence here. Both counsel agreed with that. I have considered the material prior to coming into court and also heard from you in Koori Court and heard from your counsel, and I have taken all those matters into account.

15Just for one armed robbery I could impose a substantial sentence, let alone four and one attempted one, but taking all the factors I have mentioned into account, I impose what might be viewed as a lenient sentence.  You might think it is hard, I do not know, but in my view, it is not.  As hard as it would be if you had not pleaded guilty and you had the intellectual problems you had and the other matters that I have mentioned.  So I impose an aggregate sentence of five years with a non-parole period of three years.

16I declare the time of 160 days you have already served to be part of the sentence of imprisonment I have just ordered.

17I declare, pursuant to s.6AAA of the Sentencing Act that if you proceeded to trial on each of these charges before a jury the sentence could have been anything but certainly would have been in the order of something like nine years with a non-parole period of seven to 11 years with a non-parole period of nine.

18You wanted some disposal orders signed?

19MS ANDREWS:  Yes, Your Honour, and just to clarify in relation to pre-sentence detention, I think Your Honour said 160 days.  It is only - - -

20HIS HONOUR:  Sixty-five, I think.

21MS ANDREWS:  That is all right, that is correct, Your Honour.

22HIS HONOUR:  Yes.

23MS ANDREWS:  Thank you.  Disposal orders have been handed up.

24HIS HONOUR:  Thank you.  Do you have any objection to these, Ms Greensill?

25MS GREENSILL: No.

26HIS HONOUR: Pursuant to s.77(1) of the Confiscation Act I sign a disposal order in the terms of the order that I sign. Are there any other matters I need to attend to?

27MS ANDREWS:  No, Your Honour.

28HIS HONOUR:  Ms Greensill?

29MS GREENSILL:  No, Your Honour.

30HIS HONOUR:  Thank you.  You may take Mr Smith out, thank you.

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