Director of Public Prosecutions v Stahl

[2013] VCC 1689

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

AT MELBOURNE

CRIMINAL DIVISION

CR-13-01664

DIRECTOR OF PUBLIC PROSECUTIONS

v

PETER BARRY STAHL

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JUDGE:	HIS HONOUR JUDGE GRANT
WHERE HELD:	Melbourne
DATE OF HEARING:	11 November 2013
DATE OF SENTENCE:	11 November 2013
CASE MAY BE CITED AS:	DPP v Stahl
MEDIUM NEUTRAL CITATION:	[2013] VCC 1689

REASONS FOR SENTENCE
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APPEARANCES:	Counsel	Solicitors
For the DPP	Mr P. O'Halloran	OPP
For the Accused	Mr J. Lavery	Victorian Aboriginal Legal Service

HIS HONOUR:

1       Peter Stahl you have pleaded guilty to one charge of armed robbery. The maximum penalty for that offence is 25 years imprisonment.

2       I have heard a summary of the offending. The summary will be attached to these remarks as Exhibit A.

3       Briefly, at about 11.00pm on 23 May 2013 you entered the Chirnside Park Country Club in Kingswood Drive, Chirnside Park with the intention of committing an armed robbery. You had a white hood pulled over your head, a white t-shirt covering your face and an imitation handgun (the firearm) concealed in your pocket. You walked through the main entrance of the club, approached the bar area and jumped over the bar into the staff only area. Ms Chapman, a club employee, heard a glass smash and walked to the bar area. You raised and pointed the imitation firearm at her asking “where’s the safe?” You stated you would not hurt her. After a brief discussion Ms Chapman took you to the gaming area where Mr Boucher, also an employee, was present. He had the keys. You pointed the firearm at Mr Boucher and asked “where’s the safe?”

4       Mr Boucher walked you to the “Strong room”, opened the safe, removed $16,410 cash and gave it to you. You walked to the area behind the bar and then pointed the firearm at two club patrons who were present in the area. You placed the cash down the front of your track pants and asked for directions for leaving the club. You then left. Whilst running away the firearm and amounts of cash fell out of your pants. A subsequent search using police tracking dogs recovered $10,265 cash. You were arrested on 31 May 2013 on an unrelated matter. You made full admissions and assisted the police in their investigations. You were remanded in custody. This is your first period in custody.

5       I have received a Victim Impact Statement from Ms Chapman. She received counselling as a result of your offending and, not surprisingly, has become more cautious of strangers at work.  

6       Mr Stahl, you have admitted a prior criminal history. It is not extensive. Relevant matters include a 2007 appearance in the Magistrates’ Court for possessing a handgun without a licence, and an appearance in the Magistrates’ Court in 2009 for aggravated burglary, recklessly cause injury and theft. On the latter matter, you were convicted and received a wholly suspended sentence combined with a Community Based Order. The CBO was extended at breach proceedings in 2010. The order had conditions that included addressing violent behaviour and attending the Indigenous healing service.

7       Your counsel has tendered into evidence a report from Ms Carla Lechner, a clinical and forensic psychologist. The report indicates that you presented with symptoms of Poly Substance Use Disorder and Major Depression. You have had a long history of marijuana, amphetamine and alcohol use. You told Ms Lechner that you began smoking marijuana at the age of 12 and commenced using amphetamines at the age of 18. You used daily between the ages of 18 and 21. You have been a heavy user of alcohol from the age of 14 or 15. In late 2012, after a period away from “ICE” use, you commenced using again. Prior to the commission of this offence, you had drunk three bottles of red wine.

8       You are 26 years old. Your mother is Koori and you identify with your cultural heritage. You told Ms Lechner that your parents separated because of your father’s violence. You were 6 years old at the time of the separation. You have two siblings and two-step siblings. You also told Ms Lechner that as a child you often found yourself caught in the middle of arguments between your father and stepfather. You were not a good student and you were expelled from school in Year 9 for smoking and assaulting another student. Notwithstanding this background, you managed to obtain and compete a plumbing apprenticeship with Interline. You worked as a plumber for approximately two years after completing your apprenticeship. In your early twenties you broke up with a girlfriend and this caused you to become depressed and your drug use escalated. As a means of rehabilitating yourself you took a job with Nat Rail. You travelled around the country replacing railway sleepers. Your drug use virtually ceased during this time. When that work dried up, you returned to Melbourne and began your own plumbing business.  In 2012, you accidentally flooded a home where you were working and had to pay damages of $6,500. This ended your business and you commenced to use ICE heavily. The offending occurred in this context.

9       Mr Stahl, this is serious offending. It involved a soft target, you tried to disguise yourself and you were armed with an imitation firearm.  It would have been an alarming experience for those people you confronted.

10      I accept you are remorseful.  You made full admissions to the police and entered an early plea of guilty. The victims have not been forced to relive the trauma of that evening by giving evidence. You expressed your remorse when speaking to Ms Lechner. These are matters to your credit and will be taken into account in sentencing you. I also had the opportunity of observing your demeanour during the sentencing conversation in the Koori Court. It confirmed the extent of your remorse. I am satisfied that you are, when drug and alcohol free, a hard working man who appreciates the support of his family. It is the alcohol and drugs that bring you undone.

11      I accept that you have come from a background of some hardship and there should be some mitigation of sentence in recognition of that fact. In addition you have a relatively limited prior history and this is your first time in custody. You have used your time whilst on remand constructively, completing a number of short courses. You have strong support from your family and fiancée. You are still young and you have skills which would enable you to build a rewarding future for yourself. Of course, this will require you to have the strength of character to resist future involvement with drugs and alcohol. In her report Ms Lechner said this about you:

“Provided he does not use drugs and alcohol, returns to work and is supported by his family, his prospects for sustained rehabilitation are favourable.”

I agree with that assessment.

12      Mr Stahl, you will be convicted and sentenced to 3 years imprisonment with a minimum term of 18 months before you will be eligible for release on parole. I make a declaration that you have already served 164 days by way of pre sentence detention. Had you pleaded not guilty to these matters and been found guilty after trial, I would have sentenced you to a term of 4 ½ years with a minimum of three years.

13 I make the disposal order sought by the prosecution and also order the retention of the forensic sample pursuant to s.464ZFB(1) of the Crimes Act. 

14      Are there any other orders that are sought?

15      COUNSEL:  No, Your Honour.

16      HIS HONOUR:  Yes, thank you.

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