Director of Public Prosecutions v Vidler
[2023] VCC 1307
•27 July 2023
| IN THE COUNTY COURT OF VICTORIA | Revised Suitable for Publication | |
AT Melbourne
CRIMINAL JURISDICTION
CR 22-02274
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| BOBBI VIDLER |
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JUDGE: | HIS HONOUR JUDGE JOHNS | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 27 July 2023 | |
DATE OF SENTENCE: | 27 July 2023 | |
CASE MAY BE CITED AS: | DPP v Vidler | |
MEDIUM NEUTRAL CITATION: | [2023] VCC 1307 | |
REASONS FOR SENTENCE
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Subject:CRIMINAL LAW - Sentence
Catchwords: Armed Robbery – Plea of guilty
Sentence:Total effective sentence of three months’ imprisonment in combination with a two year community corrections order.
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APPEARANCES: | Counsel | Solicitors |
| For the Director of Public Prosecutions | Ms D. Caruso | Office of Public Prosecutions |
| For the Accused | Ms E. Byrt | Emma Turnbull Lawyers |
HIS HONOUR:
1Bobbi Vidler, you have pleaded guilty before me to one charge of armed robbery, which has a maximum penalty of 25 years' imprisonment.
2You admitted a criminal record which discloses largely thefts including shop thefts, other dishonesty matters, contraventions of Community Corrections Orders and earlier a couple of assaults. Nothing in the order of what is before me and in terms of dispositions there is nothing in the order of the time in custody you have spent on remand in relation to this matter.
3Circumstances of Offending
4Armed robbery is a serious offence. The circumstances of offending in this matter are set out in the summary of prosecution opening which was Exhibit A on your plea and forms part of these reasons for sentence.
5Some of the circumstances surrounding the offending place it at a particular level, a lower level, some of the circumstances such as the use of the weapon and the threats made work in the other direction. You stole a bike and threatened the owner with either a syringe or a boxcutter held at his neck and threatening to stab the young man. A terrifying and terrible experience for him and therefore a very serious offence.
6
I am satisfied you were substance affected at the time. You have since said you have little recollection of it. It does seem a bit of an inexplicable escalation in your offending. There were reports tendered on your behalf, some that I will come
to - I will make the Carla Lechner report Exhibit 2, your counsel submissions are Exhibit 1. And I will make the Linda Borg report Exhibit 3. Ms Lechner opines at paragraph 4 in her summary and opinion, that is on p 7:
“Whilst these charges have not yet been finalised Ms Vidler reports that she was extremely distraught at around that time, with her judgement and decision making skills undermined by a high level of emotional arousal coupled with ice use. Your involvement in this matter could be interpreted as a cry for help. Ms Vidler has since focused on her rehabilitation, attending a day rehab program and regaining contact with her younger children. She was commenced on anti-depressant medication in custody that is assisting with her mood to some degree. Further intensive counselling supports are indicated".
7I am not in a position to be completely convinced about that opinion, but on balance I will accept it for sentencing purposes, in relation to what was going on at the time. But there is no doubt that you have complex psychological functioning and also have experienced trauma in your life and have been a victim of domestic violence, and a recent victim of domestic violence. There is also reports of earlier traumatic exposure from childhood.
8The complex functioning has been assessed in the Mental Health Advice and Response Service report in very brief terms, but of course it is - there is a lot more detail in the two reports I have mentioned, Exhibit 2 and Exhibit 3. But to summarise, complex PTSD, major depressive disorder, borderline personality disorder, traits and polysubstance misuse, it is also referred to as Cluster B in the traits in the report.
9The requirements of sentencing in your case do not require me to delve into great detail about the functioning and its relationship to the offending. It explains to some degree, in my view, your difficulties with substance abuse and misuse and your functioning over the years.
Personal Circumstances
10I have been told you have never worked. You are 42 years of age. You have seven children. You have access to your youngest but none of your children are in your care.
11Your mother cares for several of them as I understand it and she lives nearby you and you have contact with her. It was noted on the plea by the prosecution today that upon your arrest, the police officer who no doubt knew of you, expressed the view that this offending was not you, meaning it was not your usual type of offending, or to put it another way, in the parlance of the courts it was out of character. And I accept that having looked at your record.
Procedural History
12You spent 96 days in custody before being released on bail in December last year. And as I have noted that is the longest time you have spent in custody and no doubt that was a wake up call to you. You were bailed when you were committed for trial in December last year.
13The matter came on before me in April as a sentencing indication hearing and there had been reference to you attending Daybreak non-residential rehabilitation from January for a few days, that went off the rails due to some emotional issues you were experiencing, understandably, in relation to the passing of a friend. I indicated at that indication hearing that for someone who wanted to receive a largely non-custodial sentence you were not doing a lot on bail by way of rehabilitation.
14
I also made some comments in relation to the nature of the case and strength of the case against you and what you really intended to do in relation to it.
We adjourned it for a further sentencing indication hearing, that came back on in June, and at that time I was advised you had given instructions to resolve the matter, you would be pleading guilty. I gave an indication nonetheless, having been satisfied that you had engaged in the Daybreak program, you appeared to be succeeding in getting some stability in your life and some supports from services, and there has been a certificate provided for the Daybreak program.
Other Sentencing Considerations
15At the time of that previous hearing, I was also provided with a letter dated 20 June in relation to the Daybreak program that you had commenced and have been involved with since 22 May and continued until 29 June. So that is to your credit and gave me some confidence that you were taking matters seriously and endeavouring to get some stability in your life and that you would be capable of serving a Community Corrections Order as sentence for this matter.
16You were arraigned on 11 July or thereabouts, and you have since been assessed as suitable for a Community Corrections Order. I do not need to refer to that report but it has been filed and the parties have it. You have also been assessed as I have noted in Mental Health Advice Response Service. Today I have been provided information in relation to a mental health care plan that you have sought via your GP and there is funding for that for you to receive psychological support pursuant to that. They have also been updated in relation to the Child Protection issues. I will note for the record that alongside the Exhibits 2 and 3 that were filed, there were documents from the Department of Families, Fairness and Housing in relation to Child Protection requirements, and supervision and expectations in relation to access.
17I have taken into account that those are matters that are involved in your life and you are subject to as well and that they are designed to provide further stability in your life. There was also a letter dated 20 October 2022 from WestCASA and that supported matters that were referred to in the reports and in your counsel's outline, in relation to past trauma.
18I also received a letter dated 20 October 2022 from The Good Sheppard, a specialist family violence organisation, which is similarly supportive of that report of past - reports of past trauma. So, I accept that these matters have been matters that have shaped you and your responses throughout life, and you are battling with them. You have got a few things that you are battling on your plate principally it would seem from a criminogenic point of view and that substance abuse, and alcohol abuse potentially, are matters which need to be addressed. There are no doubt underlying issues for those problems, but it's those vulnerabilities which seem to lead you to offending.
19Having regard to your plea of guilty, which is a relatively early stage and a significant plea from a utilitarian standpoint, given the state of lists that continues, the state of trial lists that continues, and regarded as circumstances of the offending, your relatively limited record, the efforts you have made since being on bail, and having regard to the need for general deterrence, specific deterrence, community protection and also denunciation of this serious crime, I have concluded that a combination sentence involving a period of imprisonment is appropriate, but that period of imprisonment will not exceed the time you have already served.
Sentence
20So accordingly, I sentence you on the charge of armed robbery, to three months' imprisonment, in combination with a two year Community Corrections Order.
21I declare pursuant to s18 of the Sentencing Act, that you have served 96 days of pre-sentence detention. The special conditions of the Community Corrections Order that you are the subject of supervision that you undertake 75 hours of community work, that you, be engaging drug treatment and rehabilitation, that is you are assessed at the drug treatment rehabilitation and you attend programs as directed.
22Similarly, you were assessed for alcohol treatment and rehabilitation and attend programs as directed. That you will be subject to mental health assessment treatment and rehabilitation. I am not going to impose judicial monitoring.
23Up to 40 hours of treatment conditions or treatment attendances can be credited towards those work hours. The work hours are important Ms Vidler, they are part of the punishment which goes to denunciation and general deterrence, along with the custodial aspect and the supervision aspect, but they are also designed to be rehabilitative, that you need to be involved in the community and have less time with your own thoughts without others around who are pro-social and these activities, these work activities, but will help integrate you in a more pro-social way.
24Do you consent to the order?
25OFFENDER: (No audible response.)
26HIS HONOUR: You consent to the Corrections Order, yes.
27OFFENDER: Yep, thank you.
28HIS HONOUR: All right, well that will be sent to you for your signature and I'll sign it. You have got to report within two days. That's all been explained to you. I also must explain that if you contravene the conditions of the order, if you breach the order and you know what that's all about, you might be brought back before me, for a resentence. I think when you have regard to the sentence I've imposed, three months with a Community Corrections Order, if you're not going to complete the order and it gets to a stage where I have to resentence you, there's obviously only one direction it can really go in.
29So, keep that in mind, if it's getting difficult doing the hours or you're having some problems, reach out, ask for help, and be open and honest when you're engaging in these sessions, they can only help you, and rely on your supports. All right, well given Ms Vidler's location I don't think I need to stand down and we'll just have that sent to your instructor and to Ms Vidler, the Crown can get a copy and I'll sign it in due course. I make the disposal order.
30MS BYRT: Your Honour I understand that Ms Vidler is hoping to attend Corrections today.
31HIS HONOUR: Yes.
32MS BYRT: So, if Your Honour would be content with a verbal agreement, or verbal consent to the order and then she can sign it once she attends at Corrections.
33HIS HONOUR: Yes, that's - - -
34MS BYRT: That just may make it a bit easier, rather than - - -
35
HIS HONOUR: That makes a lot of sense, so I've accepted that verbal undertaking as consent. My associates will send that through and yes, I recommend that
Ms Vidler gets that out of the way today, by attending and getting in train.
36OFFENDER: Thank you.
37
HIS HONOUR: All right. Thank you both, thank you Ms Caruso, thank you
Ms Byrt, we'll adjourn the court.
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