Director of Public Prosecutions v Stahl

[2015] VCC 228

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR -13-02182

DIRECTOR OF PUBLIC PROSECUTIONS

v

PETER STAHL

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JUDGE:	HIS HONOUR JUDGE GRANT
WHERE HELD:	Melbourne
DATE OF HEARING:
DATE OF SENTENCE:	27 February 2015
CASE MAY BE CITED AS:	DPP v Stahl
MEDIUM NEUTRAL CITATION:	[2015] VCC 228

REASONS FOR SENTENCE
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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr P. O’Halloran (Plea) Ms N Kohn (Sentence)	OPP
For the Accused	Ms N Karapanagiotidis	Victorian Aboriginal Legal Service

HIS HONOUR: 

1Mr Stahl, you have pleaded guilty to one charge of aggravated burglary, and three charges of common law assault.  The maximum penalty for aggravated burglary is 25 years' imprisonment.  The maximum penalty for common law assault is five years' imprisonment. 

2I have heard a summary of the offending and it is not my intention to repeat the whole summary, it is Exhibit A in this hearing. 

3

Briefly, on 31 May 2013, you were asked by your co-accused, Ms Munro, if you would assist her to take possession of a black VE ute, and transport it to a Mr Lepp in Doreen.  The owner of the ute, Nadal Alez, owed money to

Mr Lepp and Mr Lepp believed there was an arrangement whereby the ute was to be provided to him in payment of the debt.  He let it be known that if the ute was brought to him legally, he would reward the person or persons who did so.  Against this background you agreed to assist Ms Munro.  You understood Mr Alez had an extensive history for violence, and you decided that you would be armed when you confronted him.

4You and Ms Munro attended an address in Bayswater, where you understood Mr Alez would be.  You stood at the door of the unit and yelled for Mr Alez to come outside.  Ms Wrightson was in the unit and called out that she was pregnant and for you to go away.  You kicked the door open and entered whilst armed with a shotgun.  You pointed the gun at the three victims and demanded the keys to Mr Alez's vehicle. 

5After getting the keys, you and Ms Munro left the unit and the vehicle was driven to Mr Lepp's address.  While en route to that address, Ms Munro rang Mr Lepp and told him she was bringing him the ute.  Mr Lepp was concerned about what he had been told and he called the police. They subsequently attended the address and arrested you and Ms Munro.  You were then remanded in custody. 

6Mr Shahl, this is serious offending.  You forced your way into another person's home, whilst armed with a shotgun.  You did so with the intention of stealing car keys from Mr Alez and then taking his car.  In the process you assaulted three people by pointing the shotgun at them.  One of the victims was a pregnant woman.  It must have been a terrifying experience for the people you confronted. 

7With offending of this type, general deterrence is a paramount sentencing consideration.  I must ensure that people who may be minded to act in the way that you did on this night, understand that if they do so act, they will be dealt with appropriately.  Just punishment and denunciation are also relevant sentencing considerations. 

8You have a criminal history, although it is not an extensive history.  Two of the matters are relevant priors.  In 2007 you were fined without conviction in the Magistrates' Court for possessing a handgun without a licence.  In 2009 you appeared in the Magistrates' Court for aggravated burglary, recklessly cause injury, and theft.  On those matters you were convicted and received a wholly suspended sentence, combined with a Community Based Order.  The Community Based Order was extended at breach proceedings in 2010.  The order had conditions that included addressing violent behaviour and attending the Indigenous Healing Service.  Mr Stahl, given this history, specific deterrence and protection of the community have some relevance as sentencing considerations.

9

Sentencing in your case is complicated by the fact that I dealt with you on

11 November 2013 for an offence of armed robbery.  That offence was committed on 23 May 2013, some eight days before the current offences. 

10On 11 November 2013, I sentenced you to three years' imprisonment, with a minimum non-parole period of 18 months.  I declared 164 as pre-sentence detention. 

11It is not my intention to repeat the background history set out in my sentencing remarks at that hearing, however I do acknowledge the following points that I identified as relevant matters in mitigation.  You were remorseful and entered an early plea of guilty.  You were undergoing your first sentence of imprisonment.  Notwithstanding the serious offending, your family were prepared to support you upon your release from prison.  You are a qualified plumber and you have shown during certain periods of your life, a capacity for hard work. 

12In the lead-up to the offending in May 2013, your life had spiralled out of control.  Your business had collapsed with significant debt.  You were under great stress.  You resorted to drug use to cope with that stress and your escalating drug use alienated you from your family. 

13Whilst in custody on remand, you completed a number of courses to assist your rehabilitation, and at the hearing in November 2013, I recognised that you had good prospects for rehabilitation, providing you used your family supports, obtained work, and remained free of the influence of drugs and alcohol. 

14

In the current matter, the plea has come relatively late in the day.  However it is against a background of an original indictment that included a charge of armed robbery.  A trial was listed to commence on 24 November 2014.  It was adjourned because the witness, Alez, failed to appear.  This precipitated further discussions between the prosecution and the defence, and on

25 November 2014, you entered pleas of guilty to the charges on the current indictment. 

15I note in this matter that when you were interviewed by the police immediately after the offending, you co-operated with them and you made substantial admissions. 

16I am satisfied that your plea of guilty is indicative of remorse.  It has also saved the victims from the trauma of giving evidence.  Your plea has avoided the costs involved in a criminal trial.  It is also to your credit that you have entered a plea of guilty in circumstances where the main prosecution witness failed to attend court.  You will be given credit for all of these matters. 

17As with the last hearing, I had the opportunity of observing your demeanour during the sentencing conversation in the Koori Court.  You were clearly ashamed of your behaviour.  You were supported at the hearing by your grandmother, her partner, you mother, your step-father, and your father.  You grandmother and your mother spoke about their concern at the seriousness of your criminal behaviour.  They also confirmed their willingness to do all they could to assist you in your rehabilitation. 

18I give you credit for your decision to participate in the Koori Court process.  The Court of Appeal has recognised that the sentencing conversation in the Koori Court is designed to further the reformation of an Aboriginal offender.  Participation in the process is not easy, indeed it is challenging.  Your active participation in the process is a factor that mitigates punishment. 

19Importantly, you have now completed nearly 21 months of the sentence I imposed in November 2013.  You have continued to use your time in custody constructively.  You have completed various certificates and programs, these include a drug and alcohol program, a behavioural change program, and a cultural immersion program.  You have undertaken regular urine testing that shows you have not been using illicit substances.  You accept and understand that you have to remain drug free upon your ultimate release.  You have also been prescribed, for the first time, the anti-depressant medication, Avanza. 

20Family members continue to support you strongly, and they have been visiting you regularly in prison.  I have been provided with a reference from your father's employer that indicates there is a real prospect of employment upon your release. 

21I am satisfied that your rehabilitation is well advanced and that you would be assisted by an appropriate period on parole. 

22Finally, in determining your sentence, I must ensure compliance with the principle of totality.  That is, I must make sure that the sentence I impose is just and appropriate for the totality of your offending.  The order I make today recognises that had this plea proceeded with the other matter in November 2013, there would have been some level of concurrency and the minimum term would have reflected your good prospects for rehabilitation. 

23Ms Stahl, will you stand please.

24You will be convicted and sentenced to two years and six months' imprisonment on the charge of aggravated burglary, and six months' imprisonment on each of the common law assaults. 

25One month of the sentences on each of the assaults will be cumulative upon each other, and cumulative upon the sentence on the aggravated burglary.

26This makes a total effective sentence of two years and nine months. 

27I fix a minimum term of nine months before you will be eligible for release on parole. 

28Had you been found guilty after trial, I would have sentenced you to a total effective sentence of four years and six months, with a minimum term of two years and nine months. 

29The prosecutor told me that the current offences were committed whilst on bail for some other matters. Pursuant to s.16 (3)(c) of the Sentencing Act 1991, I make an order that this sentence is not cumulative upon sentences that you are currently undergoing.

30I make the Forfeiture Order and the Disposal Order sought by the prosecution. 

31You can be seated there for the moment.

32Are there any other matters?

33COUNSEL:  No, Your Honour. 

34HIS HONOUR:  All right, thank you. 

35Mr Stahl, you understand what has happened?  It is a total effective sentence of two years and nine months, and I fix a minimum term of nine months before you will be eligible for release on parole.  Starting from today's date.  So it is an extra nine months effectively, although of course it is a matter for the Parole Board what happens.  If you are paroled at the end of the nine months, you will be on parole for a period of two years, which is quite a long time.  But you have very strong support around you and you have the prospect of employment, and if you remain drug free, then I am sure you will complete the order. 

36You must understand, of course though, it is a matter for the Parole Board as to what they do. I accept that you have done all that could be asked of you during your time in custody, but of course it is their decision, not mine. 

37All right, thank you. 

38OFFENDER:  Thank you, Your Honour.

39HIS HONOUR:  The prisoner can be removed.    

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