Director of Public Prosecutions v Watts

[2016] VCC 1726

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR-16-00870

DIRECTOR OF PUBLIC PROSECUTIONS

v

SHELTON WATTS

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JUDGE:	HIS HONOUR JUDGE PUNSHON
WHERE HELD:	Melbourne
DATE OF HEARING:	23 November 2016
DATE OF SENTENCE:	23 November 2016
CASE MAY BE CITED AS:	DPP v Watts
MEDIUM NEUTRAL CITATION:	[2016] VCC 1726

REASONS FOR SENTENCE
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Subject:
Catchwords:
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Cases Cited:
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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms S. Clancy	Office of Public Prosecutions Victoria
For the Accused	Mr R. Higgins	Camerons Lawyers Pty Ltd

Pages 1 - 7

 

 

HIS HONOUR: 

1Shelton Davey Watts you have pleaded guilty to one charge of armed robbery.

2The prosecutor Ms Casey opened the circumstances of the offending by reading from a written summary which was tendered.

3In short, on 12 November 2012 you approached a female pedestrian near Northland Shopping Centre, pointed a knife towards her and demanded her bag.  A struggle ensued after she refused and you eventually got the bag from her.  She chased you, you threw the bag towards another bystander who called out to you, you dropped the knife, nothing was taken from the bag. 

4A fingerprint was found on the knife but no match with the fingerprint database was obtained until April 2015. 

5Initially, you could not be located but in February 2016 you were arrested when you attended Shepparton Police Station on an unrelated matter. 

6When interviewed you made full admissions expressing sympathy for the victim and stating you would "never do that shit again." 

7You were released on bail but failed to appear when your plea was listed in August this year.  You were arrested on warrant on 19 September and have remained in custody since that date, having served 69 days pre-sentence detention. 

8The police were unable to locate the victim and so there is no victim impact statement.  The expected impact is however obvious. 

9You pleaded guilty at the first reasonable opportunity.

10Written plea submissions were tendered and addressed by your counsel Mr Higgins. 

11The offending is clearly serious however, your counsel relied on a number of matters in mitigation. 

12You had just turned 20 at the time of the offending and are only 24 now. 

13You have a criminal history but it is of limited significance, the most recent pre-offending appearance being in 2010 for driving matters for which you were released on non-conviction undertakings.  You have subsequent appearances in August 2015 and twice in May 2016.  The 2015 matters are relevant, particularly the charges of carrying a dangerous article (an iron bar) and recklessly causing injury. You were released on a Community Corrections Order for four months which you successfully completed.

14The appearance in May 2016 for shop stealing resulted in a fine.  The appearance in May 2016 for drug offending and failing to appear on bail resulted in dismissals after a finding of guilt. 

15A psychological report from Carla Lechner was tendered.  You come from a family of, I think it is nine children.  I mean, there is a little variation, Mr Higgins in the material, is it nine or eight?

16MR HIGGINS:  It's eight, Your Honour.

17HIS HONOUR:  It's eight?

18MR HIGGINS:  Yes.

19HIS HONOUR:  You come from a family of eight children of which two are full siblings?

20MR HIGGINS:  Yes.  I think I said three, Your Honour.  It's two.

21HIS HONOUR:  Your mother who attended court to support you along with your partner is of Aboriginal heritage. 

22I will not detail the circumstances of your upbringing which is set out in your counsel's written submissions and in the report of Ms Lechner but simply note that you have had a seriously disadvantaged background and were the victim of abuse. 

23You were bullied at school because you suffer significant hearing and speech difficulties.  Your education was limited with virtually no secondary schooling.

24You were very close to your grandmother who was responsible for much of your upbringing.  Her death when you were nine affected you significantly. 

25You lived with an aunt in Melbourne for about 12 months and returned to live with your mother when aged about 15.  It was around this time that you began using illicit drugs.  Your parents had separated and at the age of 16 you went to live with your father, first in Ipswich and then in Shepparton remaining with him until he was the victim of a serious assault and it was thought he would die after he was in a coma for some months.  You then returned to live with your mother in Preston.

26It seems the armed robbery occurred at a time when your father was recuperating from the assault and you were living with your mother in Preston using drugs including ice.

27You were able to avoid drug use for some time after living with your father but when he was assaulted your drug use escalated.  Your father recovered but unfortunately he was killed in a motor vehicle accident about a year ago. 

28You have been on a disability pension since you were 16 but have done some seasonal work.

29This is only the briefest sketch of your background circumstances, the principal matters relied upon by your counsel in mitigation are: 

(i) Your pleas of guilty which were entered at the first reasonable opportunity. 

(ii) Your remorse as evidenced in your statements to police and Ms Lechner as well as your plea of guilty.  Ms Lechner said you expressed, "Deep remorse for his actions."  You told her you were not in a good frame of mind at the time of the offending because of your concern about your father. You were using a high level of drugs and not taking your medication. She quoted you saying, "I didn't care….I lost myself." 

(iii) Your modest antecedents.

(iv) Your relative youth and lack of maturity.  Ms Lechner said you, "impressed as cognitively, socially and emotionally immature." 

(v) Your deprived background which Ms Lechner described as complex and riddled with abuse and neglect giving rise to emotional and behaviour dysregulation and drug abuse problems. 

(vi) Your low intellectual functioning.  Ms Lechner assessed you as being in the "borderline" range of intelligence, (IQ = 72).

(vii) Your mental state problems.  Ms Lechner administered the Beck Depression Inventory.  Your score fell in the extreme range which she considered consistent with your presentation.  Ms Lechner thought you were currently exhibiting clinical levels of both depression and anxiety.  You are taking the anti-depressant Avanza. There is a real possibility that you may suffer schizophrenia.  You told Ms Lechner that you had been diagnosed with this illness.  You also said your father suffered schizophrenia and that you suffer paranoia and occasional auditory hallucinations.  Ms Lechner thought the diagnosis of schizophrenia was unclear and that you require further psychiatric evaluation.  You are currently prescribed Seroquel but in a relatively low dose for someone with psychotic illness.

(viii) The risk of suicide.  You told Mr Lechner that you attempted to kill yourself by hanging when your father died.  You also said you might kill yourself if you remained in custody for too long.  Ms Lechner thought this threat was not to be taken lightly.  You did however, assure her that you are not an immediate risk to yourself.

30The prosecution conceded that the fifth and sixth limbs of the Verdins principles were activated. 

31Your counsel submitted that I should impose a sentence of imprisonment combined with a community correction order.  The terms of imprisonment should equate to time served, he submitted.

32Although I readily came to the view that the appropriate penalty was likely to be a sentence of imprisonment combined with a CCO, I had some reservations initially concerning whether the period of time served was sufficient for the imprisonment component of the order.

33I had you assessed to determine your suitability for release on a CCO.  You were found suitable.  The assessor also noted your remorse and your statement that your time in remand had "woke" you up and that you will, "never commit another crime." 

34The prosecution concedes that time served combined with a CCO is within range and Ms Clancy referred me to three decisions of this court to support that concession. 

35In the end, I think time served in combination with a CCO is the appropriate penalty. 

36A copy of these sentencing remarks will be forwarded to Corrections who, of course, already have other relevant documents. 

37You will be convicted of the charge of armed robbery.  You will be sentenced to 69 days' imprisonment combined with a CCO for two years.

38The conditions of the CCO, in addition to the core conditions, will be as recommended.  Namely, supervision, drug assessment and treatment, mental health treatment, participation in offender behaviour programs as directed, together with 120 hours of unpaid community work.  The assessor noted the remarks of Ms Lechner concerning the need for further psychiatric evaluation and monitoring.  I expect that this will be undertaken expeditiously given your suicidal ideation.  A factor in releasing you as I have, was to ensure that you can receive appropriate support and treatment for your mental state problems.

39You have already served 69 days pre-sentence detention and this is to be reckoned as time already served under the sentence I have imposed.  That means that you have served the prison component of the order and after being processed by prison authorities here in the court cells you will be free to leave on the undertaking that you must report to the Shepparton CCS before 4 pm on 25 November 2016. 

40I will make the disposal order sought.

41Had you not pleaded guilty I am not certain whether I would have sentenced you to a combined imprisonment CCO order or imprisonment with a non-parole period.  In either event, a terms of imprisonment would have been at least six months longer than the term I have imposed. Probably longer than six months. 

42I will simply say, in either event, the terms of imprisonment would have been at least six months longer than the term I have imposed probably longer.  Anything I have overlooked?

43MS CLANCY:  No, Your Honour.

44MR HIGGINS:  No, Your Honour.

45HIS HONOUR:  All right, well, I will get that order typed up.  If I can have the disposal order?  Thank you.  What is the residential address, Mr Higgins, Mr Watts will attend initially?

46MR HIGGINS:  Number 17 Cameron Avenue, Shepparton.

47HIS HONOUR:  Thank you.  All right Mr Watts, not only do you need to comply with the instructions you were given by your supervising officer but you need to ensure that you do not get into any trouble whatsoever.

48OFFENDER:  No, I won't.

49HIS HONOUR:  Because if you get into any trouble at all, the likelihood is you will be brought back before me and that will just be a further significant problem, raising the risk that you might need to go back to prison.  All right. 

50Thank you very much counsel for your help.

51MS CLANCY:  As Your Honour pleases.

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