Director of Public Prosecutions v Trommler

[2015] VCC 706

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR-14-01154

DIRECTOR OF PUBLIC PROSECUTIONS

v

JAYDEN TROMMLER

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JUDGE:	HIS HONOUR JUDGE SMALLWOOD
WHERE HELD:	Melbourne
DATE OF HEARING:	28 May 2015
DATE OF SENTENCE:	28 May 2015
CASE MAY BE CITED AS:	DPP v Trommler
MEDIUM NEUTRAL CITATION:	[2015] VCC 706

REASONS FOR SENTENCE
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Cases Cited:
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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr. S. Ballek	Office of Public Prosecutions
For the Accused	Ms. A. Patton

HIS HONOUR: 

1Jayden Trommler, you have pleaded guilty to one charge of burglary, five charges of theft, and one charge of kidnapping.  Those crimes carry maximum penalties of 10 years, 10 years and 25 years respectively. 

2You were 18 at the time of the offending, and you are now 19.  You made full admissions to police, there was an early plea of guilty and I accept that at certainly the time, and now you have expressed appropriate remorse.  You must also get the utilitarian benefit of that plea of guilty.

3At the time your interview in respect of this matter, you made a "can-say" statement against potential co-accused, which I have no actual knowledge of whether it was ever used, but be that as it may, it is clearly a full plea of guilty, insofar as all those matters are concerned. 

4You do have subsequent matters and I have been quite properly had those explained to me by counsel this morning, and they are of concern.  I did, however, have to know about them, but for these sentencing purposes I have to treat you as a person at the age of 18, having had no prior convictions.   

5The circumstances of the offending were that on 30 March 2014, you went to the swimming centre in Narre Warren.  You went into the change room, you watched a man change and went through his clothes.  You took his car keys and drove the car away.  It was a $70,000 BMW.  You drove the car to a friend's house where you took him for a drive.  You gave the car "a bit of a hard time" and you picked up other friends.  You endeavoured to leave the car in a position where you would not be tracked down.  In any event, subsequent to that, you went to a friend's flat in Dandenong where you stayed the night.  You then, over the next few days, stole registration plates, you stole petrol on a couple of occasions, and you have pleaded guilty to all of that.  Those matters in the ordinary course of events would have been dealt with in the Magistrates' Court and in all probability, would have attracted - in your situation - a non-conviction disposition.  Unfortunately, you have gone beyond that. 

6Later on that day, you and others, including a Mr Lawrence Sandford, who was recently convicted of a crime in front of me, were at a flat in Dandenong.  In that situation, money was pooled to buy drugs.  A Mr Grafton sold your group what purported to be drugs, but was in fact rock salt.  You had been trying to get amphetamine.  You and the others became angry and indeed, abducted - if it can be described as that - Mr Grafton and carried him away as the crime of kidnapping involves.  He was then asked for the money. 

7I accept that your role in this was not one of absolutely terrifying him and was one of trying to get your money back.  Phone calls were made and a number of people became involved.  You did tell the father of the victim that you would not hurt his son; that you wanted your money back.  It was around that time that police became involved with you driving off in the BMW, and ultimately police arrested you and others.  From what I can gather, you seem to be about the only person charged out of all this, and I do not understand what that is all about.

8In any event, kidnapping is a serious crime as shown by the head sentence, the potential head sentence of 25 years.  You have no pre-sentence detention and there is no victim impact statement. 

9The crime, as I have said, of kidnapping has to be regarded as serious, though clearly the other matters are of less significance.  There has to be, in your particular situation because of your re-offending, a significant element of specific deterrence, as well as general deterrence.  I take into account the milieu in which all this occurred, and I would be very surprised if Mr Grafton has sold rock salt as amphetamine too often since then.  I seem to recall he was undergoing a sentence for that very crime. 

10The circumstances here are that I was asked to impose a Community Corrections Order and I have had you assessed for one.  When the matter first came on before me back in October of last year, a number of matters were pointed out including that you were going to go into drug rehabilitation.  Your history has been put before me in the plea, and you have a significant number of personal difficulties. 

11Fortunately for you, you have a supportive relationship with your parents, siblings and extended family.  It is a bit worrying to think what would happen to you without that.  Your family have supported you throughout this process and I have no doubt, will continue to do so. 

12You left school at the age of 14 and a half, with what, on the fact of it, would be a severe case of Attention Deficit Hyperactivity Disorder.  You have produced through your counsel, certificates confirming that, and I take into account the references that have been tendered on your behalf.  You, after leaving school, commenced an apprenticeship and got to the third year of that before you lost the employment. 

13Accordingly, you have a very limited formal education.  Your drug use has waxed and waned over the years, and it would seem that when you are working, you are far less likely to use drugs.  You started using speed, as I understand it, around January of 2013, having been introduced to it by friends in a social sense. 

14After the loss of your apprenticeship in February of 2013, that drug use increased, however there have been significant periods of abstinence since then.  The information I had at the time was that you were engaged with a melt-down project and that you were going to go from there into rehabilitation in about 10 days' time.  I have now been informed that not through drug-use, and I accept that, you have been unable to continue in that program and you have subsequently been at large. 

15You are now in a family situation with people who believe that they can assist you.  I had you assessed for a CCO and you told them that you are in a position where you now have a form of employment.  You have not used for about a month and that you believe there is a stability which will assist you.  What has clearly occurred in the past, and as having now dealt with Mr Steen, I have a better idea of what that is all about, had very significant peer group difficulties.  I accept that you have personal problems. 

16Unfortunately, at a very young age, you have reached the stage where crimes such as kidnapping will, in the future, involve a custodial sentence.  It is up to you whether you are able to get your act together and stop this sometimes absolutely petty offending, which will ultimately end up with you in adult custody.  I simply say this to you; for somebody with your difficulties and your background, you will find if it in fact eventuates, you will find adult custody a very terrifying experience and I hope that you fully understand that.

17The prospects for your rehabilitation with the undoubted assistance of your family, are very much in your hands.  Insofar as the Community Corrections Order is concerned, they have said that you unsuitable but acknowledged that it remains within my discretion to give such a disposition. 

18I do it, having clearly warned you that a breach of it will result in personal disaster for you.  The sentencing process will not go backwards.  You are being given a chance in circumstances where other judges may well have not done so.  Be that as it may, you know what the consequences of this will be.  If you are having difficulties with a CCO, you will have available to you, people to talk to, you will have a drug program put in place for you and other programs that can be there to assist. 

19As punishment there has to be a significant number of work hours.  I will leave that as concurrent with the CCO that you are currently undergoing.  That has been the reason that they have regarded you, on this assessment, as being unsuitable.  It is clear from what that report says, that until recent times, you have done virtually nothing insofar as a CCO that was given in November in the Magistrates' Court is concerned.  There is nothing I can do about it if you want to just put your head in the sand and hope this will all go away, but I can assure you, Mr Trommler, that it will not. 

20With a degree of hesitation, but seeing there is no other real option at this particular moment in time, if you agree to be placed on a Community Corrections Order for a period of two years, it will be with conviction.  There will be a drug rehabilitation condition in it, supervision and if I have not already said it, 200 work hours.  I will leave that as concurrent with the CCO that you are currently being undergone.

21There will also be included, the condition that you comply with request to do offending behaviour programs, or for the reduction of offending behaviour programs and if you agree, that CCO will start within the next two days. 

22So you could print that off, and if you could get Mr Patton to go down with you while you get it signed.  If you do the drug and offender programs they will count as work hours.  I will put order in as well. 

23MR PATTON:  If Your Honour please.

24HIS HONOUR:  What I might do is I will make that criminal history matters that were given to me this morning, I will add those as an exhibit.

25MR BALLEK:  Yes.

26HIS HONOUR:  Just in case someone else has to deal with a breach or something like that. 

27MR BALLEK:  Yes, Your Honour. 

28HIS HONOUR:   All right, I just get them to sign that.  Can you go with, thanks Mr Patton.

29MR PATTON:  Thank Your Honour. 

30HIS HONOUR:  All right, that order has been made.  Can you stand up for me for a second, Mr Trommler.  It is pretty much the end of the road for this sort of stuff, okay?  You are in the big league.  If you offend like this again you will be brought back to be re-sentenced, okay, and you have been knocking around with idiots.  You will go out through that door over there and I can tell you, you will meet some very serious idiots after that.  All right?  That is up to you.  You have got your family here.  They must worry about you continuously.  You owe it to them, okay, not just yourself, but you cannot have people looking after you, and then you just basically spit in their face and behave like this.  Not on.  All right?  And if you come back, you will cop it and I will read this back to you. 

31MR BALLEK:  Sorry, Your Honour, there's just the compensation orders.

32HIS HONOUR:  I thought you were going to post those to me. 

33MR BALLEK:  They were sent to - I think they were emailed Your Honour.

34HIS HONOUR:  I do not believe that.

35MR BALLEK:  I have draft copies here.  Sorry.

36HIS HONOUR:  That's all right.  We get nothing these days.  (Indistinct) manager eats them up like some sort of - I'll just get Mr Hanko to sign these, date them or sign them.  Thank you.  The compensation orders are made and handed down. 

37MR PATTON:  As Your Honour pleases.

38HIS HONOUR:  Good, thanks gentlemen. 

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