Director of Public Prosecutions v Townsend
[2019] VCC 614
•3 May 2019
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
Case No. CR-18-02490
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| NATHAN TOWNSEND |
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JUDGE: | HIS HONOUR JUDGE COISH | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 2 May 2019 | |
DATE OF SENTENCE: | 3 May 2019 | |
CASE MAY BE CITED AS: | DPP v Townsend | |
MEDIUM NEUTRAL CITATION: | [2019] VCC 614 | |
REASONS FOR SENTENCE
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Catchwords:
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APPEARANCES: | Counsel | Solicitors |
| For the Director of Public Prosecutions | Ms R. Furletti | Office of Public Prosecutions |
| For the Accused | Mr R. Tait | Tait Lawyers |
HIS HONOUR:
1 Nathan Townsend, you have pleaded guilty to one charge of armed robbery; one charge of theft; and the summary offence of commit an indictable offence whilst on bail. These offences carry the following maximum penalties: Armed robbery, level 2, imprisonment 25 years; theft, level 5, imprisonment ten years; commit indictable offence whilst on bail, 30 penalty units or three months' imprisonment.
2 It is unnecessary for me to recount the facts of the matter in detail as they are on transcript and contained in Exhibit 1, summary of prosecution plea opening. That opening was accepted by you through your counsel. I proceed to sentence you on the basis of the facts as opened by the prosecutor which I shall now briefly summarise.
3 In the early hours of 24 May 2018 the victim, Matthew Tillier and his girlfriend were driving the victim's mother's motor vehicle, a 2003 Holden Commodore. You were with a friend and you were picked up by the victim. You appeared to be intoxicated and you were drinking alcohol whilst a passenger in the car. As the victim was driving the motor vehicle you produced a pair of scissors. You asked the victim to pull over.
4 After he had done so you left the motor vehicle but you then proceeded to hit the driver's side window. You told the victim to get out of the car. You punched the victim whilst holding the scissors. You told the others in the motor vehicle to get out of the car. You then drove off stealing the motor vehicle.
5 A short time later you drove the stolen motor vehicle to a 7-Eleven store where you purchased petrol to the value of $96.04. You drove from the 7-Eleven store without paying for the petrol. You committed these offences whilst on bail. You were arrested later that morning. You made full admissions to police and you were remorseful.
6 I state to you that I have taken into account the following matters in mitigation of sentence. You have pleaded guilty. You are entitled to have that fact taken into account in your favour, and I do so. The community has, by your plea, been spared the time and cost of a trial. Witnesses have been spared the ordeal of giving evidence upon your trial. You pleaded guilty at an early stage. You cooperated with authorities. I accept that you are genuinely remorseful.
7 I have been told something of your personal circumstances. You are 22 years of age having been born on 21 December 1996. You were 21 at the time of this offending. You had a disrupted childhood. Your father left your home when you were only 18 months old. You briefly reunited with him but he died when you were nine years of age. Your stepmother committed suicide when you were ten years of age. Your brother died in a car accident when you were 16 years of age.
8 You had little education. You have had alcohol and drug problems since you were 11 years of age. In September 2014 you attempted suicide. In late 2014 you commenced a relationship. You and your partner have two young children. You were employed as a concreter from November 2015 to April 2018 working very long hours but you lost this job as a result of missing work due to heavy drinking.
9 You have been in custody since 24 May 2018. You have used your time in custody in a constructive manner, completing a number of courses, including courses conducted by Alcoholics Anonymous; Alcohol&Me; a first aid course; a food handling course; retail/bakery; managing loss; coping with change; managing sleep; gas/metalwork welding; workplace safety; workplace forms; hygienic practices for food safety; controlled traffic; and PLEA, Legal Education Seminar.
10 You spent about two and half months' at the Metropolitan Remand Centre. You were then transferred to Ravenhall. You have been working in the kitchen. As a result of your good behaviour in custody you were transferred to a cottage at Ravenhall in about October 2018. You are a young man and the principles applicable to the sentencing of youthful offenders apply to you.
11 You have good prospects of employment upon your release from custody. You have strong support from your family, your partner, and your partner's family. This support is demonstrated in the attendance of many of these persons at court yesterday, and the detailed references and testimonials tendered on your behalf. This material, together with the psychological report of Carla Lechner and medical reports tendered on your behalf provide a clear insight into your grossly disrupted childhood and adolescence. In recent times your major problem has been the excessive consumption of alcohol.
12 I agree with Carla Lechner that you would benefit from intensive community support and supervision upon your release from custody. I assess your prospects of rehabilitation as being cloudy given the extent of your past alcohol and drug use. Your prospects of rehabilitation will ultimately be determined by the extent to which you are able to manage these issues. My assessment of your prospects of rehabilitation is consistent with the assessing Community Corrections officer's opinion that you have been assessed as a high risk of general re-offending.
13 Against these matters in mitigation, however, your actions were very serious indeed. Although the armed robbery was a spontaneous act this was a violent armed robbery. You were on bail at this time. I have taken into account the provisions of s.16(3C) of the Sentencing Act. There are no victim impact statements.
14 You have admitted before me prior matters. There are four court appearances between 5 April 2018 and 26 October 2010 involving convictions for a number of offences, including offences of dishonesty and offences of violence. The nature of these prior matters is highly relevant to my task of sentencing you today. The pre-sentence detention is 314 days. You have also served a Magistrates' Court sentence.
15 As well as the matters to which I have referred, I must also take into account the need for general and specific deterrence. Specific deterrence is relevant in view of your prior history. General deterrence is also of considerable importance in a case such as this. This type of offending must be discouraged.
16 I am called upon by the Sentencing Act to manifest the community's denunciation of your conduct and generally to impose a just punishment. Your counsel submitted that an appropriate sentence was imprisonment with time served combined with a Community Corrections Order. The prosecution did not take issue with this submission.
17 I have obtained a report from the Community Corrections officer, Gurjoit Dhillon. He assessed you yesterday. Whilst you were assessed as being at a high risk of general re-offending you were found suitable for a Community Corrections Order. He recommended treatment and rehabilitation conditions involving drug, alcohol and mental health, together with supervision. I agree with these recommendations.
18 Having regard to all relevant facts and appropriate sentencing principles, I sentence you as follows. I will impose an aggregate sentence of time served; that is, 314 days, together with a two year Community Corrections Order. In addition to the core conditions of the Community Corrections Order, you must comply with the following special conditions concerning treatment and rehabilitation, drug, alcohol and mental health and supervision. The order is for two years' duration.
19 When you were assessed yesterday, you indicated your preparedness to consent to the making of such an order. I must explain the order to you and obtain your consent to the making of this order. The order is of two years' duration. It commences upon the completion of your term of imprisonment. It therefore commences from this day.
20 You are required to attend at the Moorabbin Community Correctional Services, Moorabbin Justice Centre, 1140 Nepean Highway, Highett, within two clear working days after the commencement of the order. There are mandatory terms of the order, which are set out in the order, and then in addition to those mandatory terms, conditions involving supervision and treatment and rehabilitation in respect of drug abuse, alcohol abuse, mental health issues.
21 Mr Townsend, should you breach this order, you will be liable to be punished for the breach of the order and you will be brought back before me to be re-sentenced in relation to these offences. Do you understand that? Given the nature of the offences for which I am sentencing you today, particularly the charge of armed robbery, there is a very real possibility that you could be sentenced to a significant term of imprisonment should you breach this order. Do you understand that?
22 OFFENDER: Yeah.
23 HIS HONOUR: Thanks. Mr Tait, perhaps if I could ask you to - if you could just approach your client with my associate and just get his signature.
24 MR TAIT: Certainly, Your Honour. What was the date by which he had to report to Moorabbin, Your Honour?
25 HIS HONOUR: Within two days of this day.
26 MR TAIT: Maybe make it Monday.
27 HIS HONOUR: Yes.
28 MR TAIT: 4 pm Monday, the 6th.
29 HIS HONOUR: Yes, I think it's two working - - -
30 MR TAIT: Two working days, so that's Tuesday.
31 HIS HONOUR: Tuesday, yes.
32 MR TAIT: The 7th.
33 HIS HONOUR: Yes.
34 MR TAIT: Thank you, Your Honour.
35 HIS HONOUR: So having obtained your consent for the making of the order, I'll sign that order. The formal order of the court is that you are convicted and sentenced to 314 days of imprisonment, together with a Community Corrections Order of two years' duration, commencing upon the completion of the imprisonment term and the terms of that order are set out in the order.
36 As prescribed by s.18(4) of the Sentencing Act, I declare that the period of time you have spent in custody is 314 days, which is to be reckoned as time already served under the sentence. I direct that such be noted in the records of the court.
37 Pursuant to s.6AAA of the Sentencing Act, I state that the sentence of non-parole period I would have imposed but for the plea of guilty is three years with a non-parole period of two years. It will be necessary for the paperwork to be processed before you are released, Mr Townsend. Have a seat for a moment.
38 Ms Furlettii and Mr Tait, that covers all of the formalities?
39 MS FURLETTI: Yes, Your Honour.
40 MR TAIT: Yes. Thank you, Your Honour.
41 HIS HONOUR: Thanks.
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