Director of Public Prosecutions v Speed

[2015] VCC 37

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

AT MELBOURNE

CRIMINAL DIVISION

CR-14-00375

DIRECTOR OF PUBLIC PROSECUTIONS

v

THOMAS SPEED

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JUDGE:	HIS HONOUR JUDGE GRANT
WHERE HELD:	Melbourne
DATE OF HEARING:	15 July 2014; 12 December 2014 and 28 January 2015
DATE OF SENTENCE:	28 January 2015
CASE MAY BE CITED AS:	DPP v Speed
MEDIUM NEUTRAL CITATION:	[2015] VCC 37

REASONS FOR SENTENCE
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APPEARANCES:	Counsel	Solicitors
For the DPP	Mr P. Bourke(Plea)	OPP
Ms R. Champion (Further Plea and Sentence)	OPP
For the Accused	Ms W Duncan	Jeremy Harper & Associates

HIS HONOUR:

1       Thomas Speed, you have pleaded guilty to one charge of armed robbery.  The maximum penalty for this offence is 25 years' imprisonment.

2       At the hearing on 15 July 2014 the prosecutor presented a summary of your offending.  It is not my intention to repeat the summary.  It is Exhibit A in these proceedings.

3       Briefly, at about 2 am on 24 August 2005 you entered the Ampol Service Station at 78 Albert Street, Sebastopol wearing a maroon balaclava.  You produced a Japanese ‘Katana’ sword and pointed it directly at the attendant.  You demanded that he fill a green shopping bag with cash from the register.  You ran from the store with $231 in cash.

4       Subsequently, the balaclava and sword were recovered close to the scene of the crime.  In late 2012 the informant became aware that a DNA profile matching you was located on the balaclava.

5       You were arrested on 18 September 2013 and made full admissions to the offending.

6       Mr Speed, this is serious offending.  You entered the store with the intent to take money.  You deliberately chose a soft target.  You were armed with a sword.  You pointed the sword at the attendant in a threatening manner.  You disguised yourself with a balaclava.  With offending of this type, the principles of deterrence, denunciation and punishment assume a prominent role in the sentencing process.

7       In determining the sentence to be imposed, I take into account the matters raised in mitigation.

8       You have pleaded guilty to the offence.  I am satisfied that you are genuinely remorseful.  The plea has saved the victim from the trauma of giving evidence and has saved the community the expense of a criminal trial.  You will be given appropriate credit for your plea of guilty. 

9       This offence is now over nine years old.  At the time of the offence you were 18 years old.  You were a young man and had the matter been able to be dealt with at that time, rehabilitation would have been a central and important sentencing consideration.

10      You are now 27 years old.  Had there been no further offending, this matter would have been easy to resolve.  The fact that you have been involved in subsequent offending means that your future prospects of rehabilitation are much harder to predict.

11      I was urged by your counsel to impose a community corrections order or a suspended sentence.  The view of the prosecutor was that such an order was within range.

12      I was told that, notwithstanding your subsequent history, you now had a strong incentive to rehabilitate.  I was told that your partner at the time was to give birth to twins in July 2014 and you were anxious to support her.  In addition, I was told that you had been placed on a community corrections order in March 2014. The order was designed to address your drug problem and mental health issues.

13      You father gave evidence before me on 15 July 2014.  He impressed me as a decent man.  He told me that in the past you seemed to be unaware of how your behaviour affected other people.  He thought that you were maturing and developing that awareness.  

14      In the circumstances, I decided to defer sentence and obtain an updated report from Community Corrections on your progress under the order that had been made in March 2014.  It was my intention, if the report was favourable,  to release you on community corrections order.

15      When the matter returned to court in Melbourne on 15 December last year I received an unfavourable report from Community Corrections.  Although there had been no further offending – which is a good thing – you had breached the order by non-compliance with conditions.  You had failed to attend specific dates for supervision and unpaid community work.  I was also advised that you were in a new relationship and I received a reference from your new partner.  I also received a report from Mr Cummins, psychologist.

16      I adjourned the hearing to today’s date to take evidence from Mr Oro, the officer supervising your community corrections order.

17      Mr Oro gave evidence that because of the provision of a medical certificate, the four absences on 20 November 2014, 21 November 2014, 24 November 2014 and 28 November 2014 were now regarded as acceptable absences.

18      Mr Oro told me that on 18 December 2014 you met him at his office and after some discussion, it was agreed that you should be allowed to continue with the community corrections order.  Since that time, you have been highly motivated to comply with the conditions of the order.  You have completed four sessions of community work, attended supervision appointments, had your local general practitioner assist you to prepare a mental health plan and attended four sessions of therapy with a psychologist, Dr Tallent.  I was also advised that an appointment has been made for you to resume drug counselling at 2 pm tomorrow.

19      Mr Oro provided me with a verbal report that you would be suitable for a community corrections order in relation to the current charge.  I intend to make such an order. 

20      Mr Speed, you will be convicted and released on a community corrections order for a period of 15 months.  In fixing this period, I have taken account of the fact that you have been on a community corrections order since March 2014.  You will be under supervision for the period of the order.  You are required to perform 150 hours of community work, this work to be cumulative upon the hours outstanding on the order made in March 2014.  You are also required to attend for assessment and treatment (including testing) for drug abuse or dependency; to attend any mental health assessment and treatment that may include psychological, neuropsychological, psychiatric or treatment in a hospital or residential facility; and to attend any program that addresses factors relating to your offending behaviour. 

21      I also order that you be monitored by the court. Under this condition, you will be required to appear back before me at 9.30 am on 3 April 2015 for a review of your compliance with this order.  I order the Office of Community Corrections to provide a progress report for that hearing.

22      Mr Speed, you are required to report to the Ballarat Community Corrections Office within the next 48 hours.  If I was you, I would be going there tomorrow, first thing. 

23      I order that you pay the amount of $231 compensation to Caltex Australia.

24      Mr Speed, I say this by way of conclusion:  I expect complete compliance with this order.  You will come back before me on 3 April 2015 and I expect to receive a favourable progress report.  You put yourself at risk of an imprisonment order if you fail to comply with my order.  So this means that you must attend every appointment that is required by Community Corrections, you must attend at the time required and you must do all that is demanded of you, pursuant to the conditions of this order. 

25      Yes, thank you.  We will just print up a copy of this order for you to sign. 

26      MS CHAMPION:  Did Your Honour declare pre-sentence detention of one day?

27      HIS HONOUR:  I am not going to declare that, given that he is not serving any term at this time. 

28      MS CHAMPION:  Yes, of course, Your Honour.  My mistake. 

29      HIS HONOUR:  Yes, thank you.  10.30 tomorrow. 

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