Director of Public Prosecutions v Solomon
[2013] VCC 1189
•26 August 2013
| IN THE COUNTY COURT OF VICTORIA | Revised Not Restricted Suitable for Publication |
AT SALE
CRIMINAL DIVISION
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| TYRONE GABRIEL SOLOMON |
---
JUDGE: | HIS HONOUR JUDGE DEAN | |
WHERE HELD: | Sale | |
DATE OF HEARING: | 26 August 2013 | |
DATE OF SENTENCE: | 26 August 2013 | |
CASE MAY BE CITED AS: | DPP v Solomon | |
MEDIUM NEUTRAL CITATION: | [2013] VCC 1189 | |
REASONS FOR SENTENCE
---
Subject:
Catchwords:
Legislation Cited:
Cases Cited:
Sentence:
---
APPEARANCES: | Counsel | Solicitors |
| For the DPP | Mr B. Halpin | Office of Public Prosecutions |
| For the Accused | Mr J. Sullivan | Sullivan Braham |
HIS HONOUR:
1 Tyrone Gabriel Solomon, you have pleaded guilty to one count of armed robbery contrary to s.75A of the Crimes Act 1958. The maximum penalty for that offence is 25 years imprisonment. You pleaded guilty at committal mention and I have taken your early plea into account in your favour in mitigation of sentence. You have admitted a prior criminal history constituted by two separate sets of offending involving assaults on your previous partner. As a result of those court appearances you were ordered to serve, firstly a period of imprisonment to be served by way of an intensive corrections order, which you breached, and secondly by way of a community correctional order which your offending in this instance has breached.
2 Nevertheless whilst offending against a partner in the contest of a relationship may properly be described as serious offending, as I observed during the plea in mitigation your criminal history is not, on its face, particularly serious having regard to your background.
3 A summary of prosecution opening was read to the court and tendered in evidence and your offending may be summarised as follows.
4 On 7 September 2012 you and a co-offender, Rhys Painia, entered the United Service Station located in Sale. You were then aged 29 and Painia was 16. Prior to going to the service station you had agreed with Painia to rob the premises and you knew that Painia was armed with a knife.
5 You arrived at the premises at approximately 11.40 pm together with another person, Bobby Bates, who remained outside. After entering the premises you both approached the attendant who was working there at that time, Mr Danny Patel. Mr Painia demanded money from him and produced the knife and also grabbed Mr Patel around the neck and threatened him with the knife.
6 This extremely serious offending was captured on closed circuit television and I have observed a number of photographs depicting what Mr Painia did. When he performed this act you were standing nearby and as I observed during the course of the plea in mitigation it would not be open to me to conclude that you knew that Mr Painia was gong to attack Mr Patel in this extremely serious way.
7 $450 was taken from the till together with a quantity of gold coins and you both then left the premises. The following morning at about 1.10 am Painia was arrested after giving himself up to police and on 9 September 2013 you were arrested in Seaspray. Following your arrest you were interviewed by investigating police and you admitted your offending to the offence in question. Although you provided an account to the police initially which was not consistent with what, in fact, occurred, ultimately you admitted your responsibility and role for the offence now before the court.
8 It was submitted on behalf of the prosecution that the service station in question may properly be described as a soft target and it is plain that the offending against Mr Patel was of the utmost seriousness. General deterrence and specific deterrence are important sentencing considerations in cases of this type and the community must be protected from persons who offend in this way.
9 For administrative reasons it would appear that a victim impact statement has not been obtained from Mr Patel which is regrettable but I accept that the offending against him must have caused him a great deal of trauma.
10 As I have said, Mr Painia was 16 at the time of the offending and he was dealt with on 29 April 2013 in the Children's Court of Victoria and sentenced to a 12 month Youth Supervision order which I am informed by the prosecution, he subsequently breached and was then placed on a 12 month Youth Justice order. It was submitted on behalf of the prosecution that the principles of parity in sentencing are not properly engaged in your case by reference to the sentence imposed on Mr Painia and I accept that this is so.
11 General deterrence, which is an important sentencing consideration in your case is not a sentencing principle that applies to young offenders and you therefore may clearly be distinguished from him.
12 I now turn to your personal circumstances. You were born on 29 February 1983 in Queensland and you are now aged 30. You are of Torres Strait Islander descent. You have had no contact with your father and left school at the age of 15. You have had an intermittent work history.
13 I have received in evidence a psychological report of Mr Jeffrey Cummins a consultant and clinical forensic psychologist dated 17 July 2013 detailing your background and psychological profile. I will not repeat the details of your background that Mr Cummins refers to, but it is clear that your background was a disrupted one and you have developed an extremely serious poly-substance abuse disorder described by Mr Cummins as follows:
"He said he had used a range of drugs including cannabis, shard, hammer, fuel, glue and paint. He said he had typically been a daily smoker of bongs, up to one ounce per day from age 12. He said he has occasionally used crystal methylamphetamine and heroin since aged 13. He said he has often experimented with inhaling petrol, glue and paint fumes (various solvents). He thought he started inhaling various solvents at around the age of 16. He also had developed a binge drinking problem since the age of 12".
14 On the day on which this offence was committed you told the police you had consumed approximately 48 cans of beer and you had also been "chroming" that is inhaling the fumes of fuel, paint and glue.
15 It is inevitable that your poly-substance abuse disorder has interfered with your judgment and development and is no doubt a contributing factor to your offending on this occasion. It would also appear that your very serious alcohol and drug addiction issues are triggered by family stress and associated problems that you have experienced with the mother of your children, who are no waged five, two and a half and 15 months. Mr Cummins states that you require ongoing treatment and counselling for your poly-substance abuse disorder and I accept that this is so.
16 I have also received in evidence a certificate detailing the fact that whilst you have been in prison since being charged and remanded in custody for this offence you have provided a number of clean urine sample.
17 As I observed, you are of Torres Strait Islander descent but it would appear that you have a number of indigenous or Koori relatives here in Gippsland and those persons have been able and will continue to provide you with ongoing support. Your aunt, Ms Noelene Yarrim, resides at Paradise Beach near Sale and it is proposed that when you are ultimately released from prison that you will be able to reside with her.
18 When you are released from prison it will also be necessary for you to undertake a number of programs and to participate in counselling for your poly-substance abuse disorder. Any assessment as to your prospects for rehabilitation must be guarded and in my view, in all probability, you will re-offend unless you are able to address the poly-substance abuse disorder referred to by Mr Cummins.
19 However, as I observed it is necessary to provide some foundation for you to undertake rehabilitation and in the circumstances of this case I am satisfied that you will benefit from extended supervision upon parole.
20 In the result the sentence of the court is as follows:
21 On the charge of armed robbery you are convicted and sentenced to be imprisoned for three years and six months. I order that you serve one year and nine months before becoming eligible for release on parole. I declare that you have served 352 days by way of pre-sentence detention not including today.
22 But for your plea of guilty I would have sentenced you to a total effective term of imprisonment of five years and fixed a non-parole period of three years. I have made the ancillary orders sought on behalf of the prosecution.
23 MR HALPIN: Thank you, Your Honour.
24 HIS HONOUR: Thank you. You can be seated, Mr Solomon.
- - -
0
0
0