Director of Public Prosecutions v Thompson

[2015] VCC 1160

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR 15-00938

DIRECTOR OF PUBLIC PROSECUTIONS

v

HARRISON THOMPSON

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JUDGE:	HIS HONOUR JUDGE ALLEN
WHERE HELD:	Melbourne
DATE OF HEARING:
DATE OF SENTENCE:	21 August 2015
CASE MAY BE CITED AS:	DPP v Thompson
MEDIUM NEUTRAL CITATION:	[2015] VCC 1160

REASONS FOR SENTENCE
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Subject:
Catchwords:
Legislation Cited:
Cases Cited:
Sentence:

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms E Ruddle
For the Offender	Ms U Ebsworth

HIS HONOUR: 

1Harrison Thompson, you have pleaded guilty to two charges of armed robbery committed on 6 June 2014 and 7 June 2014 respectively.  The armed robberies are particularised in two indictments, E13055714 and E13055714A. 

2The circumstances of your offending were set out in comprehensive detail in the summary of prosecution opening which was read to the court, tendered and marked as Exhibit A1. 

3Briefly summarised, the circumstances are as follows.  In the early hours of the morning of 6 June 2014 you were with a co-offender, Mr Booth.  Together you drove in a stolen Nissan Skyline to another offender's premises, Mr Canavan.  Mr Booth woke up Mr Canavan and told him that he would be driving. 

4With the three of you in the vehicle, Mr Booth directed Mr Canavan to drive to the Coles supermarket in Patterson Lakes but it was discovered that it was closed.  He then directed Mr Canavan to drive to the Coles supermarket at the Pinewood Shopping Centre in Mount Waverley.  The vehicle pulled up outside the supermarket at about 6.30 am. 

5Mr Booth and you got out of the car wearing facial disguises.  Mr Booth was carrying a machete, you were carrying a baseball bat.  Mr Canavan sat in the car with the engine running. 

6You and Mr Booth entered the store and approached the female attendant who was at the main service desk.  Both of you demanded that the victim hand over cash from the registers.  Mr Booth went behind the counter and menaced the attendant at close quarters with the machete.  You told the attendant that she would not get hurt if she complied with your demands.  The attendant placed money from the register in a bag that you were holding. 

7The two of you then took the attendant to another register.  She gathered more coins and put them in the bag.  She was then taken to a third register but the attendant could not open it.  You and Mr Booth then fled the store, taking with you cash and cigarettes to the value of about $2,300. 

8The three of you then returned to Mr Booth's unit.  Mr Canavan was told to wait there while you and Mr Booth went to Richmond to purchase heroin. 

9The following afternoon another armed robbery occurred.  This time you were driving.  You drove another co-offender, Mr Richardson, and Mr Booth to the Hamilton Place shops in Mount Waverley.  Mr Booth and Mr Richardson entered a Brumby's Bakery wearing facial disguises and gloves.  Mr Booth was again carrying a machete.  Mr Richardson was unarmed. 

10When they entered the store there was one female attendant present.  She was at the back of the store.  She came forward when she heard the rattling of the till and saw two men there at the cash register.  Mr Booth came over to her holding a machete, saying, "Stay out of the way".  She was extremely scared.  Mr Richardson grabbed the till and the two of them ran from the store, Mr Booth telling the fearful sole female shop attendant to "stay in the store."

11You were waiting for them.  You drove them from the scene of that armed robbery.  The three of you returned to Mr Booth's unit before you all went to Richmond to purchase more heroin. 

12You were arrested on 12 September 2014.  You made a no comment record of interview.  To your credit, you pleaded guilty in relation to the first armed robbery at the committal proceedings.  The matter was effectively settled before the proceedings commenced.  No witnesses were cross-examined.  It is fair to treat your plea of guilty in relation to that armed robbery as an early plea. 

13When the plea in relation to that matter came on for hearing before me on 29 July 2015, the matter was stood down.  During the course of the morning you agreed to plead also guilty to the second armed robbery.  I take that into account too. 

14Your plea of guilty is a very important matter in mitigation, as you will see when I inform you of the sentence that I would have imposed but for the fact that you pleaded guilty to these two charges. 

15You were briefly remanded in custody in relation to these matters, spending seven days in custody and then released on bail.  Those seven days do not amount to pre-sentence detention because they have already been taken into account by Judge Chettle in a subsequent matter. 

16You have now been in custody continuously since 4 or 5 February 2015 as a result of further offences that occurred early this year.  Shocking offences that occurred in your family home.  I do not want to repeat all of that now.  You are being punished for that as we sit here. 

17Your present sentence expires on 28 January 2016.  You are presently eligible for parole, although the Parole Board has deferred consideration of your application.  Whether granted parole or not, as I have said, that sentence expires on that date in January next year. 

18As far as your background and personal circumstances are concerned, they are set out in comprehensive detail in various documents that have been tendered.  I do not propose to go through all of that detail now, it is not necessary. 

19The documents I rely upon include, amongst other things, the report of the Department of Human Services by Mr Gene Bell dated 29 July 2015, which was marked as Exhibit B.  I also of course rely on the comprehensive and very helpful evidence given by Mr Bell before me on 29 July 2015. 

20I also have a comprehensive and carefully prepared pre-sentence report from the Office of Corrections by Ms Kelm dated 2 July 2015, marked Exhibit C.  It also sets out your personal history in comprehensive detail. 

21Other reports that I have received include a report from Mr Michael Krutzen, who has treated you previously over the years and knows you well and knows your family well.  Mr Krutzen is a very experienced clinical and forensic psychologist.  His report dated 17 August 2014 is marked Exhibit 4. 

22Other documents that were tendered include a brief statement from your medical practitioner and documents from the South Community Health Centre. 

23Very briefly stated, it is clear from the material that you have a very loving and supportive family.  Your family history is quite fractured.  You were born in New Zealand.  Your parents relocated progressively to Bangkok and the United States, back to New Zealand and then eventually to Camberwell over the years up until you were aged five by reason of your father's employment. 

24When you were aged nine your parents separated.  You resided with your mother in Glen Waverley.  When moving to Melbourne aged five you were transferred to Scotch College.  Later when you were 13, you moved from Scotch College to Wesley College at Glen Waverley campus.  When you were 13 an uncle died in tragic circumstances.  That no doubt had its impact upon you. 

25Aged 15, you attended the Clunes campus of Wesley College, it seemed to go well, and then you returned to the city campus.  Having completed that program, you did not return to school at Wesley College. 

26Further attempts were made to further your education by enrolling you progressively at the Carnegie School and later at the Brentwood Secondary College unsuccessfully. 

27The chronology, Exhibit 2, reveals that you first became involved with the courts when you were aged 15.  You were remanded in custody for the first time when you were aged 16. 

28Over the years you have been in and out of Youth Justice Custody in relation to a range of offences, including one serious prior conviction for armed robbery.  It is tragic to note, for example, that you spent your 17th birthday in custody and then you spent your 18th birthday in custody according to this chronology. 

29A couple of weeks prior to your 18th birthday on 7 August 2012 you were shot by a member of the Victoria Police in an incident that occurred when you were committing further offences.  The shot passed through your arm but it has left you with significant difficulties and the need for ongoing treatment and pain relief. 

30To your credit, you have time with the immense support, sometimes overwhelming support of your parents, particularly your mother.  You have attempted to continue your education.  There have been moments of real light and hope that have appeared along the way. 

31In 2013 you voluntarily re-engaged with education and completed Year 11 English and Maths at Holmesglen TAFE.  In 2014 you completed Year 12, passing Psychology, Business Management, Maths, Health and Human Development and English. 

32I agree with the assessment that you are both an intelligent and articulate young man.  It must be unbelievably heartbreaking for your parents to experience your relapses into drug abuse and then into crime and back into custody again, but they do not give up and I hope you do not give up either because eventually you will get there. 

33I could go on and on and on, but it is not necessary.  All of these documents have been tendered. 

34I have made it clear what the tension is.  You committed those armed robberies, they were very serious.  Your victims were young women or girls working part time in a Safeway store and although you did not go into the Brumby's shop, you are nevertheless culpable.  You knew what was going to happen. 

35You were 19 at the time.  Young, immature and affected by drugs but that does not excuse your conduct in any way, as you know. 

36I have decided that the appropriate sentence is as follows.  On the two charges of armed robbery, on each charge you will be sentenced to be imprisoned for nine months.  They will be served concurrently with each other and concurrently with other sentences you are presently serving.  What that means is that nine months from today you will be eligible to be released. 

37That will be followed by a four year community corrections order.  The first two years of that will be what is called intensive compliance.  During the first two years there will be conditions that you undergo assessment and treatment in relation to drug addiction, and assessment and treatment in relation to alcohol abuse.  You will be under supervision and you will be subject to judicial monitoring.  That is, you will be coming back before me every few months to see how you are going. 

38There will also be special conditions.  You will be required to perform over those two years 300 hours unpaid community work.  One hundred hours spent in treatment and rehabilitation may be credited against the community work.  That will only leave 200 hours to actually be performed. 

39There are special conditions that you attend upon Mr Michael Krutzen for psychological counselling at such frequency and for such period as directed by Corrections.  Do you understand? 

40OFFENDER:  Yeah, Your Honour. 

41HIS HONOUR:  So there is a condition there that you undergo psychological treatment.  They will direct you to do that with Michael Krutzen.  They will speak to him.  If he says that you need to come once a week or once a month, that is what you will be directed to do, do you understand? 

42OFFENDER:  Yeah, Your Honour. 

43HIS HONOUR:  If he says he needs to go on for the next 12 months or 18 months, that is what you will be directed to do.  The next special condition is that you attend upon Dr Julie Doswell, Camberwell Junction Medical Centre, for regular drug screening as directed by Corrections and when and if your family attend for counselling at the Bouverie Centre, you are to attend with them, do you understand? 

44OFFENDER:  Yeah. 

45HIS HONOUR:  They are not options, they are conditions of this order. 

46OFFENDER:  Yeah. 

47HIS HONOUR: I declare pursuant to s 6AAA of the Sentencing Act 1991 that but for your plea of guilty I would have sentenced you to be imprisoned for five years with a minimum of three years. That sentence would have been lower than the one I just mentioned earlier, seven with the five, for example, as it would have taken into account all of the other matters concerning your youth and difficulties. The order is going to be printed out now. Ms Ebsworth will bring it down for you to look at and decide.

48You will be required to attend for the first judicial monitoring review on 19 August 2016 at 9.30 AM before me.  At that date you will be in the community, hopefully you will studying or working and I will be receiving a report from Corrections which I expect will be telling me you are doing extremely well. 

49Under a community corrections order, which will run for four years, Harrison, you must not commit any further offence punishable by imprisonment within the next four years, do you understand? 

50OFFENDER:  Ah, yeah. 

51HIS HONOUR:  It is like a suspended sentence hanging over your head for four years. 

52OFFENDER:  Yes. 

53HIS HONOUR:  If you re-offend you will be brought back before me for breaching this order and you will be liable to be re-sentenced in relation to these matters today.  Do you get that?  We go back to square one. 

54OFFENDER:  Yep. 

55HIS HONOUR:  You will be required to commence a community corrections order within two days after you complete your period of imprisonment. 

56OFFENDER:  Yep. 

57HIS HONOUR:  If you fail to do that, again you will be breached.  You will be brought back here and you will be re-sentenced in relation to these matters. 

58You must obey all lawful instructions and directions.  You must receive visits from the Office of Corrections and report to them as requested.  You must let them know of any change of address within two days or change of employment within two days.  You must not leave Victoria without first getting permission.  You must obey all lawful instructions and directions.  Those lawful instructions and directions will relate, amongst other things, to where and when to attend for community work, for treatment, for assessment and the like.  Do you understand? 

59OFFENDER:  Yes, Your Honour. 

60HIS HONOUR:  You must not attend any appointment under this order affected by drugs or alcohol.  Do you understand? 

61OFFENDER:  Yes, Your Honour.  

62HIS HONOUR:  I have made an order under s 464ZF that you provide a scraping from your mouth for a DNA sample to be placed in the database.  If you do not consent to that procedure, the police may use reasonable force to obtain a blood sample.  Harrison, do you understand everything that has happened? 

63OFFENDER:  Ah yes, Your Honour. 

64HIS HONOUR:  All right, well I wish you well with your rehabilitation.  When I see you in August next year I am expecting that everything will be going well. 

65OFFENDER:  Thank you. 

66MS EBSWORTH:  As Your Honour pleases. 

67HIS HONOUR:  Thank you for your assistance, each of you. 

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