Director of Public Prosecutions v Thompson

[2025] VCC 1589

IN THE COUNTY COURT OF VICTORIA

AT MELBOURNE

CRIMINAL DIVISION

Revised
Not Restricted
Suitable for Publication

Case No. CR-25-01554

DIRECTOR OF PUBLIC PROSECUTIONS

v

JAKE THOMPSON

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JUDGE:	BLAIR
WHERE HELD:	Melbourne
DATE OF HEARING:	29 October 2025
DATE OF SENTENCE:	31 October 2025
CASE MAY BE CITED AS:	DPP v Thompson
MEDIUM NEUTRAL CITATION:	[2025] VCC 1589

REASONS FOR SENTENCE
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Subject:Criminal Law – Sentencing

Catchwords:              Armed robbery – possession of a drug of dependence – limited prior history – totality – proportionality – parsimony – early plea of guilty – remorse – first time in custody – extra curial punishment – Community Corrections Order

Legislation Cited: ss5(1), 6AAA, Sentencing Act 1991 (Vic), Freedom of Information Act (1982)

Cases Cited:Boulton v The Queen [2014] VSCA 342, DPP v Jago [2017] VCC 918, DPP v Beirouti [2016] VCC 465, DPP v Skinner [2019] VCC 1626.

Sentence:                  Total effective sentence of 152 days imprisonment and a Community Corrections Order of 2 years.

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APPEARANCES:	Counsel	Solicitors
For the DPP	Mr D O’Doherty	Office Public Prosecutions
For the accused	Mr N Tsekinis	Victoria Legal Aid

HER HONOUR:

1Jake Thompson on 29 October 2025 you pleaded guilty on Indictment R111148168 to one charge each of armed robbery and possession of a drug of dependence. You admitted a limited prior history.

Circumstances of offending

2The agreed factual basis of your offending was documented in the summary of prosecution opening dated 30 September 2025. This was tendered on your plea. A summary of your offending follows.

3You were 36 years old at the time of the offending, and you are now 37.

4The victim, Ryan Batchelor, was aged 32 and was employed at the ‘On The Run’ (OTR) Service Station in Stawell. You were known to him through your regular visits and prior employment as a manager at the same location.

5On 31 May 2025, the victim began his shift at 9:00pm. At approximately 3:24am on 1 June, you entered the store with your hood on a black t-shirt wrapped around your face. The doors had been left unlocked as the victim was expecting his manager.

6You approached the counter, produced a knife, and made several demands, including for cash and cigarettes. The victim, fearing for his safety, handed over $390 in cash and five packets of cigarettes valued at $63 each. The total value of money and property taken was $705.

7After you left, the victim contacted police who attended and reviewed CCTV footage. The victim identified you based on your voice and mannerisms.

8Later that day, police located and arrested you in bushland near Stawell. A black satchel in your possession contained 0.42 grams of methylamphetamine and $110 in cash.

9You admitted to using the knife for intimidation, burning your clothing and the stolen cigarettes to avoid identification, and acknowledged possession of the drug, stating “it’s a drug and I smoke it.”

Nature and gravity of offending

10Armed robbery is an inherently serious offence as evidence by the maximum penalty of 25 years imprisonment. It is an offence that demands condign punishment. Generally, those who perpetrate offences of armed robbery can expect to receive custodial sentences.

11Mr O’Doherty, for the prosecution, argued that your offending was particularly serious due to several aggravating factors. He emphasised that the victim was a vulnerable individual working alone at a service station during the early hours of the morning, and as such was a “soft target.” He also noted that you had prior knowledge of the business operations and were personally acquainted with the victim, having previously worked as a manager at the same location. These factors, he submitted, heightened the seriousness of the offence. Mr O’Doherty further contended that the sentencing principles of denunciation, and both specific and general deterrence, should carry significant weight in determining the appropriate sentence.

12Your counsel Mr Tsekinis submitted that the offending was unsophisticated and lacked any substantial planning or premeditation. He acknowledged that you took steps to disguise your identity. However, he submitted that, given your previous employment at the service station, your frequent presence there, and your familiarity with the victim, you were well known to staff and therefore readily identifiable. This was confirmed when the victim immediately named you to police. Mr Tsekinis also noted your cooperation with police and the comprehensive admissions made during your interview including that you had no intention of causing harm.

13Your offending took place in the early hours of the morning at a service station where the victim was working alone, making him particularly vulnerable. Due to your prior connection with the business, you knew to request money from a second point-of-sale till. While this knowledge may have assisted you in obtaining more money, it also revealed your familiarity with the premises and alerted the victim to your identity. I accept that your actions were not the result of any significant planning or premeditation. The offending appeared impulsive, driven by desperation and need, and was unsophisticated in nature. Given your lack of prior violent offending, the broader context of your circumstances and your comments in the record of interview, I am satisfied that you did not intend to cause harm. You told police that you understood the emotional impact on the victim, particularly as you had previously experienced a robbery. While this was undoubtedly serious offending, it does not represent the most egregious example of armed robbery.

14Although no formal victim impact statement was provided, I accept that the victim was likely frightened by your conduct. In his statement, he described feeling nervous during the incident and reported feeling threatened and scared upon seeing the knife. I have taken this into account.

Background

15You are currently 37 years old and were born in Whyalla, South Australia in 1988. Your biological father passed away in a motorbike accident when you were three. Around the age of nine, your mother entered a new relationship.

16During your adolescence, you experienced a strained relationship with both your mother and stepfather. In adulthood, you’ve reflected that unresolved grief over your father's death may have contributed to this tension. You have two siblings: a younger sister and a younger half-brother.

17At around 14 years old, your mother asked you to leave the family home following allegations of theft involving cigarettes and money. Although she later invited you to return, you chose to remain living away. You stayed with a friend’s family for several years before moving into independent accommodation. During this time, you were employed at Scout Recycling in Adelaide.

18You briefly returned to live with your mother and stepfather at around age 20, seeking to repair your relationship and find stable housing. They welcomed your stay as long as needed. Your mother has since passed away. You continue to have a supportive relationship with your stepfather, and this has continued during your remand in custody.

19You met your former partner, in your early twenties and moved from Adelaide to Victoria with her around the age of 25. Your relationship lasted approximately 10 years and you have two children together: The relationship ended amicably around 2021, and you both agreed on a co-parenting arrangement.

20In April 2025, you learned that your former partner planned to relocate to Adelaide with the children in August. You later discovered the move would happen sooner than expected. Prior to their relocation, you had daily contact with your children, which continued via video calls after the move and before your remand. Since being remanded, you’ve maintained weekly contact with them and are eager to relocate to Adelaide to be closer to them.

21At the time of your offending, you were seeking funds for a bus ticket to Adelaide, short-term accommodation, and to support your substance addiction. You were under the influence of drugs and not thinking clearly.

22You began using methamphetamine at around age 14 and continued until about 25. You stopped your use upon learning you were going to be a father however relapsed into regular use following your children’s relocation. You also faced additional stressors at the time, including your mother’s cancer diagnosis and doubts about your paternity of your daughter.

23In terms of your education and employment, you left school after Year 9 and began working shortly thereafter. You held a managerial role at Scout Recycling in Adelaide for eight years, starting part-time and progressing to full-time. You also worked as a maintenance worker and briefly as a supervisor at a caravan park in Hall’s Gap, and later as a store manager at OTR Stawell.

24You hold a Certificate III in Meat Processing and have used your time in custody productively, working in the cafeteria. You’ve also obtained the following qualifications:

(a)   Certificate II in Engineering

(b)   Certificate II in Cookery

(c)   Certificate in Foundational OHS

(d)   Certificate II in Skills for Work and Vocational Pathways

25Upon release, you intend to seek employment, particularly in the meat industry.

26In terms of your physical health at approximately 22 years of age, you were diagnosed with epilepsy and have been prescribed medication for this condition for around 11 years. You ceased taking the medication for a period due to experiencing side effects such as depression and lethargy. Notably, you did not suffer any seizures during this time.

27Medical records obtained under the Freedom of Information Act[1] from the Department of Justice and Community Safety, specifically Justice Health were tendered on your plea. These records provide a detailed account of your current medical status.

[1] Freedom of Information Act (1982).

28You were receiving ongoing care from your general practitioner at the Stawell Medical Centre for both epilepsy and pulmonary embolism. You were prescribed medication for these conditions. You experienced blood clots in your left lung, which led to coughing up blood. This was treated with blood-thinning medication over the course of a year, and no further complications have been reported.

29Upon arrest, you informed police that you had a pre-existing epilepsy diagnosis and were undergoing withdrawal from methamphetamine use during your initial medical triage.

30While in custody, you were diagnosed with Type 2 Diabetes Mellitus and seizure activity. You are currently under a Chronic Healthcare Plan for seizure management. You believe your withdrawal from recreational drug use may have triggered seizure episodes. It was noted that you intend continued use of cannabis in the community to aid with sleep and pain relief. You are currently taking Paracetamol for pain related to a back injury and a left knee injury, which you attribute to your history of manual labour.

31Your current treatment regimen includes:

(a)   Metformin Hydrochloride 500mg, once daily in the morning, for Type 2 Diabetes Mellitus.

(b)   Empagliflozin 10mg, once daily in the morning, also for Type 2 Diabetes Mellitus.

(c)   Sodium Valproate 200mg, once daily, for seizure management.

(d)   Paracetamol 500mg, twice daily, for ongoing pain.

(e)   Salbutamol inhaler (100mcg per dose), for asthma management.

Matters in mitigation

32Your counsel submitted that yours was a plea of guilty indicated at the earliest opportunity. Further you made full admissions in your record of interview and were co-operative with the police. No witnesses were required for cross-examination, in particular the victim was spared the traumatic experience of reliving the incident. By entering this plea, you avoided the need for a trial, thereby saving the court considerable time and resources. Your plea accordingly has substantial utilitarian value, demonstrates a willingness to facilitate the administration of justice, and reflects an acceptance of responsibility for your conduct. The prosecution acknowledges the significant utilitarian value of your early plea, and I propose to allow a substantial sentencing discount on that basis.

33Your counsel submitted that, when considered alongside the admissions made during your police interview, your early plea of guilty demonstrates a significant level of remorse. I accept this submission. In your interview, you told police, that you were not a violent person, you acknowledged having made a stupid mistake and expressed an intention to apologise to the victim when given the opportunity.  In light of this immediate and candid reflection, I am satisfied that your remorse is genuine.

34Another mitigating factor raised by your counsel, Mr Tsekinis, was your disadvantaged background. He submitted that there was anecdotal evidence of hardship stemming from the death of your biological father at a young age, a strained relationship with your mother and stepfather, periods of separation from the family home during your formative years and limited educational attainment. I accept that your upbringing was marked by grief and instability. I also accept that these experiences likely contributed to your substance use and played a role in the circumstances that led to your offending.

35Mr Thompson you have a very limited criminal history. Your interstate prior convictions are over 10 years old and whilst they disclose a potential drug history, they are not of a similar nature to the offending currently before the court. You have one prior matter in this jurisdiction from 11 March 2025 where you received an aggregate fine without conviction for relatively minor offending that included drug possession.

36You have not previously served a term of imprisonment and have now spent five months in custody. During this period, your mother, who was gravely ill and passed away in South Australia. As a result, you were unable to attend her funeral or pay your final respects. I accept that this would have made your time on remand more onerous and, accordingly, constitutes a form of extra-curial punishment that I am entitled to take into account.

37You are otherwise a mature-aged offender with a substantial employment history. At the time of the offending, your family had relocated to South Australia, resulting in the loss of regular physical contact with your children. I accept that this would have been deeply distressing for you and contributed to an escalation in your drug use. I am satisfied that there is a direct connection between that increase in your drug use and your offending. You have now remained abstinent during your five months in custody. You have expressed a clear intention to rehabilitate, including a desire to reunite with your children and secure employment upon your return to South Australia. You have support from a close friend in Stawell and maintain a positive and supportive relationship with your stepfather, with whom you have had contact whilst in prison. In these circumstances, I consider your prospects for rehabilitation to be favourable.

Sentence

38The fundamental purposes of sentencing include just punishment, general and specific deterrence, rehabilitation, denunciation, and the protection of the community. In your case, I consider that community protection will most effectively be achieved through your rehabilitation, supported by supervision and participation in programs delivered by community corrections.

39The principles of totality, proportionality and parsimony are also important considerations. They require me to make sure the punishment imposed fits the crime committed and that I do no more than is necessary to punish you for your offending. I have taken these principles into consideration in fixing the sentence I will now impose.

40I also take into account the sentencing guidelines referred to in s5 of the Sentencing Act,[2] where relevant in your case. In particular, I have had regard to the sentencing landscape for the offence of armed robbery. I have had regard to the comparable cases of Jago, Beirouti, and Skinner[3] provided by your counsel. I have found them useful in determining the sentencing landscape. Ultimately the sentencing exercise requires that I balance all relevant factors and make a judgment as to the appropriate sentence in the circumstances of your particular case.

[2] Sentencing Act 1991 (Vic) s 5.

[3] DPP v Jago [2017] VCC 918, DPP v Beirouti [2016] VCC 465, DPP v Skinner [2019] VCC 1626.

41Your counsel submitted that a combination penalty is the appropriate disposition in your case. Mr O’Doherty for the prosecution submitted that it was open to the court to impose a combination penalty, that is, a term of imprisonment and a community correction order.

42Drawing on the guidance provided by the Cout of Appeal in Boulton[4], I make the following observations which I consider to have relevance to the sentencing exercise in your case:

(a)   A CCO is a flexible sentencing option that can be imposed for relatively serious offences that would have previously attracted substantial terms of imprisonment;

(b)   A CCO is intrinsically punitive and, depending on the length of the order and the nature and extent of the conditions imposed, it is capable of being highly punitive;

(c)   A CCO can provide substantial general and specific deterrence through the imposition of restrictive, coercive and prohibitive conditions; and

(d)   A CCO demands an offender take responsibility for their behaviour, engage in treatment and positive activities, and refrain from undesirable conduct.

[4] Boulton v The Queen [2014] VSCA 342.

Disposition

43Mr Thompson you are convicted of each of the charges. In relation to the charge of armed robbery I impose an aggregate term of 152 days.  In addition, you are ordered to undertake a community correction order for two years. This is a lengthy period of time and significant punishment in and of itself. The conditions of the community correction order include:

(a)   Supervision

(b)   200 hours of unpaid community work (which will all be capable of offset)

(c)   Assessment and treatment for drug abuse;

(d)   Assessment and treatment for offending programs.

44In addition to the conditions that I have imposed, there are standard conditions that you must comply with.  The first and foremost is that you are not to commit any offences punishable by imprisonment during the two-year period of the community correction order.  This order will hang over your head for the next two years. 

45You need to report within two working days after release from custody to your nearest Corrections office, which is the Horsham Justice Service Centre.

46You are required to advise your supervising Corrections office of any change of address of where you are living or working within two clear working days, and it is a term of all community correction orders that you must submit to visits as directed and obey the instructions and directions of the Corrections officer. You cannot leave the state of Victoria without their prior permission.

47Mr Thompson, if you reoffend you will breach the Correction order. You will also breach the Correction order if you do not comply with the standard conditions of the order and the conditions I have imposed.

48Do you understand what is involved in a community correction order?

49ACCUSED:  Yes.

50HER HONOUR:  And do you agree to undertake such an order.

51ACCUSED:  Yes.

52HER HONOUR: I will take your verbal acknowledgement that you agree to undertake the order. I am going to order that the Community Correction Order commence on a date three months from today, this will be 30 January 2026. The order will proceed for 18 months form that date. You will need to attend Community Corrections in Horsham and make an application to transfer the order to South Australia.

53In relation to charge 2 you will be convicted and discharged.

54Further, I declare that you have served, 152 days in custody by way of pre-sentence detention and this will be declared as time served and entered into the records of the court.

55Pursuant to s6AAA of the Sentencing Act[5], if you had not pleaded guilty and been found guilty after trial I would have imposed a total effective sentence of two years with a non-parole period of 12 months.

[5] Sentencing Act1991 (Vic) s6AAA.

56I make the disposal and forfeiture orders sought by the prosecution.