Director of Public Prosecutions v Tannenberg

[2024] VCC 1842

Pr

IN THE COUNTY COURT OF VICTORIA

AT MELBOURNE

CRIMINAL DIVISION

Revised
Not Restricted
Suitable for Publication

Case No. CR-24-01418

DIRECTOR OF PUBLIC PROSECUTIONS

v

BLISS TANNENBERG

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JUDGE:	HIS HONOUR JUDGE WRAIGHT
WHERE HELD:	Melbourne
DATE OF HEARING:	28 October 2024
DATE OF SENTENCE:	15 November 2024
CASE MAY BE CITED AS:	DPP v Tannenberg
MEDIUM NEUTRAL CITATION:	[2024] VCC 1842

REASONS FOR SENTENCE
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Subject:CRIMINAL LAW – Sentencing.

Catchwords:              Plea of guilty – Armed robbery – Relevant criminal history – Offending in company – Bugmy – Verdins – Fair prospects of rehabilitation – Totality.

Legislation Cited:      Crimes Act 1958 s 75A; Sentencing Act 1991 ss 6AAA, 18.

Cases Cited:Queen v Alashkar [2007] VSCA 182; DPP v Weybury [2018] VSCA 120.

Sentence:                  Imprisonment for a period of 12 months with a Community Correction Order for a period of 2 years.

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APPEARANCES:	Counsel	Solicitors
For the DPP	Mr A Moore	Office of Public Prosecutions
For the Accused	Ms C Marthick	Victoria Legal Aid

HIS HONOUR:

Introduction

1Bliss Tannenberg, you have pleaded guilty to one charge of armed robbery contrary to s 75A of the Crimes Act1958, which carries a maximum penalty of 25 years imprisonment.

2You have also admitted your Criminal Record.

Circumstances of the offending

3A prosecution opening was tendered on the plea and may be summarised as follows:

4At the time of the offending you were 34 years old and resided in Melton. The co-offender in this matter is Jacqueline Harmer, who at the time of offending was 38 years old.

5The victim is Kelly Thompson. Ms Thompson was 62 years old at the time of offending and was employed at The Royal Tobacconist and Gift Store located at 156 Main Street, Bacchus Marsh, Victoria.

6On 30 May 2024, the victim was working at The Royal Tobacconist and Gift Store and at approximately 2:10pm, she made her way to the back of the store to prepare a meal.

7Approximately thirty seconds later, you and your co-offender were seen entering the store. You had a glass breaker in your right hand. You made your way behind the store’s service counter and toward the till where you began to rifle through the till. You were seen on CCTV to be removing handfuls of twenty dollar notes.

8During this time your co-offender was turning the stores ‘open’ sign, which was hanging on the front door of the store, to ‘closed’.

9The victim became aware of you and your co-offender’s presence, however at this stage was unaware of what was occurring. She came to the front of the store and approached you asking ‘what are you doing’ to which you replied ‘stay the fuck back, you stay the fuck back’. 

10The victim continued to approach you as you were removing money from the till. As she approached you, you raised the glass breaker in your right hand above your shoulder in a menacing manner towards the victim. You then ran towards the front door in an attempt to flee the store.

11The victim chased you to the entrance of the store where you and your co-offender collided into each other as you struggled to open the door. The victim again attempted to apprehend you and your co-offender as you both struggled to exit the store.

12At this time, both you and your co-offender proceeded to assault the victim as you attempted to escape. You attempted to strike the victim with the glass breaker twice, but did not make contact. You and your co-offender then fled the scene.

13Immediately after this, the victim flagged down Constable Glen Clarke and Constable Monique Galea.

Arrest and Interview

14At approximately 3:00pm you and your co-offender were located at the Bacchus Marsh Railway Station by Constable Jack Smith and First Constable Amarpreet Sandhu. This interaction was captured on the body worn camera worn by Constable Jack Smith.

15You were seen wearing the same pink baseball cap that you wore when committing the offence as captured on the CCTV footage.

16Police proceeded to search your possessions. They located a distinctive fluorescent coloured jumper that was worn at the time of the offending and a glass breaker that was used during the commission of the offending.

17A search of your co-offender’s bag was also conducted. The police located a dark coloured jumper with a distinctive ‘R’ emblem positioned on the front, this was worn by your co-offender at the time of the offending.

18You and your co-offender were arrested and conveyed to Bacchus Marsh Police Station to be interviewed.  

19Police investigators obtained the CCTV footage attached to the inside and outside of The Royal Tobacconist and Gift Store which captured the offending.

20At the Bacchus Marsh Police Station, your co-offender was searched and $480 consisting of twenty four, twenty-dollar notes was found in her bra. She stated in her record of interview that the money was made by ‘turning tricks as a prostitute’.

21You were transported to Ballarat Police Station where Senior Constable Sheree Roberts performed a search. A total of $390 consisting of nineteen, twenty-dollar notes and one ten-dollar note was found in your underwear.

22You provided a mainly no comment interview.

Nature and gravity of offending

23Armed robbery is a very serious offence which is reflected in the maximum penalty of 25 years imprisonment. 

24While it seems that you took the opportunity to approach the till while the victim was distracted, once she confronted you, you threatened the victim and then raised the weapon before moving towards the door. It is clear that you entered the store in possession of the weapon which you ultimately used to assist you to rob the victim. A further scuffle occurred at the doorway of the store where you attempted to strike the victim, but did not make contact.

25In The Queen v Alashkar[1], Kellam AJA noted:

There is no need to recite any of the many statements by this Court concerning the gravity with which the robbery of persons who are sometimes termed “soft targets” is viewed.  It is both a reality and a necessity in our community for many people to work in isolated situations that render them vulnerable to criminal attack.  Taxi drivers, service station and convenience store attendants, and persons operating small family businesses, such as milk bars, spring readily to mind in this context.  They must be able to rely upon the full protection of the law and those who contemplate exploiting their vulnerability in the fashion of the appellant, must anticipate that the consequences for them may very well be the imposition of a substantial gaol term.

[1] [2007] VSCA 182 at [36].

26I respectfully adopt the comments of Justice Kellam.

27Whilst no victim impact statement was prepared, there is no doubt that your conduct which involved a physical confrontation with the victim would have been a frightening experience for her.

28Ms Marthick who appeared on your behalf submitted that in all the circumstances your offending should be considered to be towards the lower end of seriousness for an armed robbery. While terms such as ‘midrange’ or ‘lower end of seriousness’ may be problematic when assessing where offending sits within a range[2], in my view the gravity of the offending assessed in the context of a ‘soft target’ armed robbery of this nature, does fall towards the lower end.

[2] DPP v Weybury [2018] VSCA 120, [54].

Personal circumstances

29You were born in 1990 and were 33 years of age at the time of the offending. You were raised in Ballarat as the middle child in a sibship of three. You report that your relationship with your siblings was unstable.

30You have a strained relationship with your mother which commenced in your formative years as she was often physically abusive and frequently resorted to violence. You note that your mothers violence was solely directed at yourself and not your siblings which created conflict within the family unit.

31Your parents separated when you were 9 years old and you recall having a positive relationship with your father. Following your parents separation, you relocated to Geelong with your mother and siblings which prevented you from seeing him.

32You recall that your schooling years were disrupted due to your turbulent family life, whereby you often moved schools. You left school during year 11 and have not completed any other formal study. At 18 you relocated to Darwin to work at an animal shelter before returning to Melbourne the following year to work in a family friends kebab shop. You ceased employment due to becoming pregnant.

33Your first serious relationship commenced at the age of 17 and you have four children from that union who are currently in the care of your mother. Notwithstanding your turbulent relationship with your mother, you state that your mother is a ‘great’ grandmother. Following your release from custody, you have engaged a plan to maintain a relationship with all four of your children.

34The father of your children perpetrated escalating emotional and physical violence toward you for 17 years, until you left the relationship in April 2022. The most recent violent incident involved you being attacked with a nail gun in front of your then six year old daughter leaving you hospitalised. Following this incident, you fled to a women’s only refuge and a permanent intervention order was put in place to protect you and your daughter. Your ex-partner is currently in custody for family violence related matters.

35You were introduced to amphetamines and heroin by your ex-partner when you were 17 years of age which you have used intravenously and, at times daily. You report being abstinent from substances throughout your pregnancies and note that you maintained sobriety for at least a year following each pregnancy. You were intermittently using in the weeks prior to your offending whilst also partially adhering to your methadone regime. In custody, you have commenced monthly suboxone depot with positive side effects. You have also been accepted into Odyssey House Rehabilitation Centre’s program and have delayed your engagement with the program until the conclusion of this matter.

36Turning now to your mental health history. A psychological report of Ms Jane Bidjossian dated 10 October 2024 was tendered on the plea which details that your psychological symptomatology supports diagnoses of Borderline Personality Disorder, Bipolar Affective Disorder and Post-traumatic Stress Disorder. She notes that your mental health challenges can be comprehensively understood through the framework of Borderline Personality Disorder detailing that the severe trauma you endured, including physical abuse and emotional neglect, has led to ‘patterns of intense and unstable emotions, a fractured sense of self, and significant difficulties in maintaining stable relationships’.

37Ms Bidjossian further observes that your development of Stimulant and Opioid Use Disorders is closely linked to your traumatic upbringing and the ongoing stressors in your life and asserts that this instability can significantly contribute to offending behaviour. Your trauma is one of the foundational events, susceptible to drug use. The relationship with your ex-partner was dangerous and marred by significant physical violence. You would live in constant fear and anxiety, worrying about yourself and your children’s safety.

38A bundle of certificates from Western Health were also tendered on the plea which attest to your motivation to improve your circumstances. They demonstrate that  whilst in custody you have undertaken an impressive number of courses and linked with several services to assist you with employment, housing, addiction and addressing your trauma.

Sentencing considerations

39Ms Marthick submitted that there are a number of matters that are able to be taken into account in mitigation.

40I first take into account your plea of guilty. You pleaded guilty at the committal mention stage and no witnesses have been cross examined. Your acceptance of responsibility has brought the matter to an early conclusion, saving court time and money and you have thereby promoted the course of justice.

41Relying on your difficult upbringing and the findings of Ms Bidjossian, it was submitted that Bugmy principles have some application in the ‘general’ sense. Ms Bidjossian noted:

Ms Tannenberg is a 34 year old female with a childhood marked by a series of adverse experiences that significantly impacted her emotional and psychological development. Growing up in an unstable home environment, she faced challenges such as physical abuse perpetrated by her mother, parental separation, and being the victim of bullying during her schooling years.[3]

…

The persistent trauma from her childhood, including repeated abuse and neglect, has resulted in significant emotional dysregulation and a pervasive negative self-image.[4]

[3] Bidjossian Report, [133].

[4] Ibid, [139].

42In the circumstances in my view, your unstable and traumatic childhood experiences is a matter that can be taken into account resulting in a modest reduction in your moral culpability.

43Turning to Verdins principles, it was submitted that limbs 5 and 6 are enlivened again, relying on the psychological material. Ms Bidjossian is of the view that prison would likely weigh more heavily on you given the psychological conditions you suffer. I accept that evidence and as such Verdins 5 does inform the sentencing discretion. However, Ms Bidjossian is also of the view that prison ‘may’ exacerbate your symptoms. As such in my view the evidence does not support Verdins 6 which requires evidence that prison would present ‘serious risk’ of a ‘significant adverse effect’ on your mental health.

44As to your prospects of rehabilitation, you have a relevant criminal history that reflects your long term battle with drugs. Following your release you will require further support and rehabilitation to enable you to remain drug free. That said, you have engaged in a number of courses in custody demonstrating your commitment to rehabilitation. Further I note the comments of Ms Bidjossian that in interview you displayed insight and judgement into the circumstances that led to the offending. Thus in my view while you have some way to go, your prospects of rehabilitation can be assessed as at least fair.

45Turning to other relevant sentencing principles.

46General deterrence remains the prominent sentencing consideration. People working in small businesses are vulnerable soft targets which is the very reason they are chosen as targets. A strong message must continue to be conveyed to those contemplating such conduct that it will not be tolerated and be met with stern consequences. As to specific deterrence, while you are making positive steps towards your rehabilitation, you have a relevant and recent prior criminal history, and you have served terms of imprisonment in recent years. As such specific deterrence still has a role to play.

47You have spent approximately four and a half months on remand for this matter however in August 2024 you pleaded guilty to other offences to which you were given a term of imprisonment. You have therefore been in continuous custody for some six and a half months. I take this into account, applying the principle of totality.

48It was submitted that a combination sentence is within range and would provide you with support and structure upon your release. Mr Moore who appeared on behalf of the Director of Public Prosecutions submitted that while you do require ongoing support and rehabilitative programs, a head sentence and non parole period is the most appropriate sentence.

49I had you assessed for a community correction order and you have been found suitable. In my view in all the circumstances, a combination sentence is able to meet the relevant sentencing considerations.

Sentence

50Ms Tannenberg, would you please stand.

51Bliss Tannenberg, on Charge 1, armed robbery, you are convicted and sentenced to 12 months imprisonment as the prison component of the combination sentence.

52Upon your release you will be placed on a community correction order for a period of 2 years. While all correction orders are punitive in nature, the focus of the order is therapeutic. You will be subject to special conditions requiring you to undergo treatment and rehabilitation in relation to drug use, your mental health and programs to reduce reoffending. You will also be subject to supervision.

53Pursuant to s 18 of the Sentencing Act 1991 (‘Sentencing Act’), I declare that 142 days be reckoned as the period of imprisonment already served under the sentence I have imposed. That does not include today.

54Pursuant to s 6AAA of the Sentencing Act, if not for your plea of guilty, I would have sentenced you to a period of 3 years and 6 months imprisonment with a non-parole period of 2 years and 6 months.