Director of Public Prosecutions v Washfold-Jones

[2017] VCC 138

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR 16-02012

DIRECTOR OF PUBLIC PROSECUTIONS

v

DEAN WASHFOLD-JONES

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JUDGE:	HIS HONOUR JUDGE DYER
WHERE HELD:	Melbourne
DATE OF HEARING:	22 February 2017
DATE OF SENTENCE:	27 February 2017
CASE MAY BE CITED AS:	DPP v Washfold-Jones
MEDIUM NEUTRAL CITATION:	[2017] VCC 138

REASONS FOR SENTENCE
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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Miss T. Saville	Director of Public Prosecutions
For the Accused	Ms H. Bate	Pica Lawyers

HIS HONOUR: 

1Mr Washfold-Jones, you can remain seated if you like at this stage.  I am just going to read through some matters, so you can listen carefully, and then when it is time to pass sentence, I will ask you to stand up.

2On 22 February 2017 you, Dean Washfold-Jones, pleaded guilty to an indictment containing a single charge of armed robbery.  The maximum penalty for such an offence is 25 years' imprisonment.

3Tendered as Exhibit A and read aloud in court was the prosecution opening.  In summary, you and a female co-offender went to a service station in Hampton Park at about 10.20 pm on 8 August 2016.  At that time, the victim, Rohit Kaushal, was working behind the service counter.  You entered the shop area shortly before your co-offender, and thereafter took a large silver kitchen-knife from your windcheater pocket, and held the knife close to her throat.  You then demanded cigarettes and cash from the complainant.

4You then produced a wooden pole, described as being approximately two inches thick, and started hitting the wiring above the service station counter, stating to Mr Kaushal, "It will be trouble for you if I jump inside".  You had demanded cigarettes and cash, and Mr Kaushal gave you a packet of cigarettes and $80, whereupon you exited the store while still holding the knife to your co‑offender.

5You were arrested on 22 August 2016, together with your co-offender, and taken to the Narre Warren Police Station.  Your co-offender made full admissions as to the circumstances of the offending, and I note:

a)    “They were looking to get some drugs and agreed to commit the armed robbery.

b)    The plan was for her to enter the service station and ask for directions to a nearby street.

c)    They walked to the service station separately and returned home at different times.

d)    They smoked the stolen cigarettes and used the money the following day to buy drugs.”[1]

[1] Exhibit A[11]

6You informed the police that you could not remember the events of 8 August 2016, due to taking prescription medication and also illicit drugs.  When shown still images of the CCTV footage you agreed that the male offender looked like yourself, and that the female looked like your co-offender.

7You indicated that you would enter a plea of guilty at the committal case conference on 14 November 2016. You are entitled to the benefit of that early plea indication, in accordance with the provisions of s.6AAA of the Sentencing Act 1991.

8You have been in custody since 22 August 2016, and your counsel Ms Bate referred to the fact of you not seeking bail as one of the matters advanced on your behalf during the plea.

9You have admitted prior convictions from the Dandenong Magistrates' Court on 23 October 2015 involving contravention of a family violence intervention order, and five other charges involving recklessly cause injury and criminal damage.  You were convicted on that occasion and ordered to serve a 12 month community correction order involving unpaid community work and a number of further conditions directed towards your rehabilitation.

10Ms Bate conceded during the course of the plea that you had effectively ignored the terms of that order, and no doubt it is a matter that will be addressed at another time.

11I have read the victim impact statement made by Mr Kaushal on 14 February 2017.  I note that he did not wish his victim impact statement to be read aloud in court.  This document was tendered as Exhibit C.  It is clear from the contents of that statement that the victim's feelings of safety and security were shattered as a result of your offending, and no doubt this incident will have an impact on the victim for a considerable time in the future.

12Miss Saville, who appeared on behalf of the Director of Public Prosecutions, also handed up a sentencing snapshot relevant to the offence of armed robbery, prepared by the Sentencing Advisory Council.[2]  This showed that the average length of a term of imprisonment imposed on people sentenced for armed robbery ranged from two years and four months in 2014-15 to three years and three months in 2013-14.  The most common length of a term of imprisonment imposed was two to less than three years.

[2] Sentencing Snapshot No. 186 June 2016

13During the course of your plea hearing, Ms Bate tendered a number of documents to the court.  I was also assisted by an outline of the submissions to be advanced on your behalf, which was provided to me in advance of your plea hearing.

14You are presently 28 years of age, and you were 27 at the time this offending occurred.  Your prior criminal history involved a single court appearance, which was described as arising out of a dysfunctional relationship where illicit drugs played a significant role.

15You were diagnosed in April 2015 with a lifelong and serious attention-deficit hyperactivity disorder (ADHD).  This is described in a report from the psychiatrist Dr Peter Heffernan as having:

“… given rise to serious difficulties with recklessness and impulsivity, giving rise to a number of associated traffic offences, including reckless speeding, driving motor vehicle without a license, and motor vehicle collision.[3]

[3] Exhibit 1

16Dr Heffernan also noted at the time of his consultation with you, that you had a past history of self-medication with methamphetamine and heroin.  You had also had a previous history of alcohol abuse and some earlier cannabis use.

17A report from your general practitioner, Dr Johnson,[4] was also tendered on your behalf, although that report is undated.  It refers to the present offending and states:

"In August this year, he attended here in my absence and was given his usual script.  He unfortunately overdosed on the medication and behaved in a confused and inappropriate manner, leading to a serious incident resulting in his incarceration".

[4] Exhibit 2

18Dr Johnson also notes: 

"Like many ADHD sufferers, abuse of other medication or illicit substances is common". 

19He nevertheless expresses a view that with appropriate rehabilitation and support, your future mental health has a good chance of improvement.

20I have read the two character witnesses tendered in evidence on your behalf from Ms Lisa Healy and Mr Kyriakou Triantafilliou.  I also noted the presence of your parents in court, and the indication given by Ms Bate that your father, who conducts a cartage contract business, is prepared to offer you employment upon your release from custody.[5]  I accept that there are a number of persons in the community who are prepared to assist you in your attempts at rehabilitation. 

[5] Exhibits 3 & 4

21I have also received in evidence a number of certificates from training institutions; two urine screens from the Fulham Corrections Centre; and a letter from the psychologist Kimberley Muraca at Port Phillip Prison dated 17 October 2016.[6]

[6] Exhibit 7

22At the time of the hearing of the plea on your behalf, I noted that you had then served 184 days in custody.  The urine screens and the various certificates obtained by you during the period of your incarceration suggest that you have a very positive attitude towards your own rehabilitation.

23I also accept the matters put by your counsel in relation to your prior offending, and in particular your mental state at the time the earlier community correction order was made against you.

24Considerations or general and specific deterrence and the public's denunciation of your type of conduct must feature prominently in any sentencing consideration.  The range of sentences for this type of offending varies considerably, although the current sentencing practice suggests that an effective term of imprisonment of between two and three years would provide a strong indication as to an appropriate sentence in your case.

25Nevertheless, your counsel has urged me to consider a lesser period of incarceration combined with a community correction order following upon your release from custody.  You have been assessed as suitable for a community correction order on such a basis, and I believe that the imposition of a lesser period of incarceration, combined with a community correction order, would be in the interests of furthering your prospects of rehabilitation while providing the community with some indication that your offending has been punished appropriately, and that you and other possible offenders have been deterred from such conduct in the future.

26I was referred by Ms Bate to cases of Mackay v R[7]  in which a combined sentence is considered with approval by the Court of Appeal, having regarded to the earlier decision in Boulton v R[8].

[7] [2015] VSCA 125

[8] [2014] VSCA 342

27I therefore propose to sentence you as follows in relation to the offence of armed robbery.  Would you stand up, please, Mr Washfold-Jones?

28You will be convicted of the offence of armed robbery and sentenced to a term of imprisonment of 18 months, and further sentenced to a community correction order for a period of two years, commencing on your release from the completion of your term of imprisonment, on the conditions provided for in s.45 of the Sentencing Act, and the following additional conditions.

29Pursuant to s.48C of the Sentencing Act, you are to perform 200 hours of unpaid community work.

30Pursuant to s.48D(3)(a) of the Sentencing Act, you are to undergo assessment and treatment, including assessment for drug abuse or dependency, as directed by the Secretary of the Department of Justice (“the Secretary”).

31Pursuant to s.48D(3)(e) of the Sentencing Act, you are to undergo any mental health assessment and treatment that may include psychological, neuropsychological, psychiatric assessment or treatment in a hospital or residential facility.

32Pursuant to s.48D(3)(f), you are to undergo any program that addresses factors related to your offending behaviour.

33And finally, pursuant to s.48E of the Sentencing Act, you will be supervised, monitored and managed as directed by the Secretary.

34I declare that there has been pre-sentence detention.  Ms Bate, I have got that as 189 days not including today?

35MS BATE:  Yes, Your Honour.

36HIS HONOUR:  And Miss Saville, you agree with that?

37MISS SAVILLE:  Yes, I do.

38HIS HONOUR: Well, 189 days. I also state that pursuant to s.6AAA of the Sentencing Act, that had you not pleaded guilty and been convicted after trial, I would have imposed a sentence of four years' imprisonment, with a two-and-a-half year non-parole period.

39I further order that you are to provide a forensic sample in accordance with the provisions of s.464ZF of the Crimes Act.

40I will also make an order pursuant to s.18 of the Sentencing Act for compensation of the victim Rohit Kaushal in the sum of $100.  And that is the sentence that I pass.

41COUNSEL:  As Your Honour pleases.

42HIS HONOUR:  So Mr Washfold-Jones, I have taken into account the various matters that were very well advanced by your counsel in this case, and you have ended up with the court recognising, and hopefully the community benefiting from you taking some positive steps towards your own rehabilitation.  You have got to do a further sentence, but it is less than it would have been, even taking into account the plea of guilty.  So I wish you every success in your endeavours.  Thank you.

43Now, I am going to make those formal orders in relation to the compensation and the s.464ZF, and we have got a copy of the community correction order, so I will get Mr Washfold-Jones to sign that, and then I will make that order.

44MS BATE:  Thank you, Your Honour.

45HIS HONOUR:  Mr Washfold-Jones, my associate will now just confirm the terms of the community correction order, so she will just read that out to you.

46(Community corrections order signed and acknowledged.)

47Thank you, Mr Washfold-Jones.  Thank you, Ms Bate and Ms Saville.  Mr Washfold-Jones, if you can just go with the Corrections officer now.  Thank you. 

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