Director of Public Prosecutions v Woodham

[2020] VCC 1799

IN THE COUNTY COURT OF VICTORIA

AT MELBOURNE

CRIMINAL DIVISION

Revised
Not Restricted
Suitable for Publication

Case No CR-20-01276

DIRECTOR OF PUBLIC PROSECUTIONS

v

BROOKE WOODHAM

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JUDGE:	HIS HONOUR JUDGE WRAIGHT
WHERE HELD:	Melbourne
DATE OF HEARING:	4 November 2020
DATE OF SENTENCE:	12 November 2020
CASE MAY BE CITED AS:	DPP v Woodham
MEDIUM NEUTRAL CITATION:	[2020] VCC 1799

REASONS FOR SENTENCE

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Subject:  CRIMINAL LAW – Sentencing.    

Catchwords: Plea of guilty – Attempted armed robbery – Intentional property damage – Offender entered supermarket attempting to steal cash armed with knife – Relatively serious example of armed robbery – Prior criminal history – Genuine remorse – Circumstances surrounding COVID-19 taken into account.

Legislation Cited:     Crimes Act 1958 ss 75A, 321M, 197(1), 91(1); Bail Act 1977 s 30B; Sentencing Act 1991 ss 6AAA, 18, 44.

Sentence:                 Imprisonment for a period of 8 months, together with a community correction order for a period of 2 years.

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APPEARANCES:	Counsel	Solicitors
For the DPP	Mr S Davison	Office of Public Prosecutions
For the Accused	Mr B Tait	Tait Lawyers

HIS HONOUR:

Introduction

1. Brooke Woodham, you have pleaded guilty to one charge of attempted armed robbery contrary to ss 75A and 321M of the Crimes Act 1958, which carries a maximum penalty of 20 years imprisonment (Charge 1) and one charge of intentionally damaging property contrary to s 197(1) of the Crimes Act 1958, which carries a maximum penalty of 10 years imprisonment (Charge 2).

1. You have also pleaded guilty to the related summary charge of going equipped to steal, contrary to s 91(1) of the Crimes Act 1958, which carries a maximum penalty of 2 years imprisonment (Summary Charge 10) and commit indictable offence whilst on bail contrary to s 30B of the Bail Act 1977, which carries a maximum penalty of 3 months imprisonment or 30 penalty units (Summary Charge 11).

1. You have admitted your prior criminal history.

Circumstances of the offending           

1. A prosecution opening was tendered on the plea and may be summarised as follows:

1. On 2 July 2020 at 9.45 pm, you entered the Safeway Woolworths Supermarket at Lakes Entrance.  You were wearing dark clothing, a black and grey backpack, a black balaclava or mask with eyeholes concealing your face and a black hoodie over your head.

1. The front counter of the supermarket is located centrally and provides for two staffed checkout points facing the front of the supermarket, being registers 11 and 16, and a further three staffed checkout points, which includes register 10, on the right side facing the express checkouts.

1. The self-serve checkout area is contiguous to the left side of the front counter. Each staffed checkout point is installed with a protective plexiglass screen and two touchscreen monitors, one facing inwards for use by employees and one facing outward for use by customers.

1. There is a small gap between the two protective plexiglass screens installed at the staffed checkout points at registers 11 and 16.

1. Upon entry, you pushed past a makeshift barricade of stacked green shopping baskets adjacent the exit to the self-serve check out area and proceeded towards the front counter.

1. The first victim in this matter, Tracey Checkley, is 62 years of age and a long standing employee of the supermarket.  Ms Checkley was working behind the front counter performing supervisory duties.

1. The second victim is Taylor Le Brun, who is 23 years of age and a new employee of the supermarket.  Ms Le Brun was working behind the front counter performing check out duties.

1. Upon approaching the front counter, you armed yourself with a large black hunting knife of approximately 44cm in length.  You walked to the front counter and placed yourself at the gap between the two protective plexiglass screens installed at registers 11 and 16.  Then, whilst holding the knife in plain sight above the counter in your right hand, you said to Ms Checkley and Ms Le Brun, ‘This is a robbery’.

1. Ms Checkley immediately alerted the grocery manager, Jason Bartheyl, who was in the self-serve check out area, as to what was happening and called for the duty manager over the store public address system.

1. Murray Doria, an employee who was stocking shelves in an aisle in the main area of the supermarket, heard the sense of urgency in Ms Checkley’s voice over the Public Address system.  Mr Doria moved out of the aisle towards the front of the supermarket so he could see what was occurring at the front counter.

1. You were unable to gain access to the front counter area through the gap between the two protective plexiglass screens at registers 11 and 16, so you attempted to go around them.  Initially, you attempted to get around the left hand protective screen by standing on a pile of newspapers.  As you did so, you said to Ms Checkley and Ms Le Brun, ‘who am I going to stab first?’

1. Mr Bartheyl, remaining in the self-serve area, approached you and said, ‘no-one.  You should leave now’.

1. You then moved to the right hand side of the front counter to a point where you could gain access behind it.  You mounted the countertop next to register 10 between the protective plexiglass screens, leaned over and began stabbing items below and behind the front counter with the knife in a vain attempt to access cash by causing a till to open.  It is these facts that relate to Charge 1, attempted armed robbery.  You were on bail at the time of this offending which gives rise to Summary Charge 11, commit indictable offence whilst on bail.

1. Ms Checkley and Ms Le Brun retreated from the area behind the front counter to a safe area further inside the supermarket.  After a short time, and without obtaining any cash, you left the supermarket by the same route you had entered.  On leaving, as you walked past registers 11 and 16, you stabbed your knife into each customer facing digital display monitor, destroying both.  It is these facts that relate to Charge 2, damaging property.  As you walked back towards the entrance, you stabbed your knife into the window twice. You then left the supermarket.

1. Mr Doria and Mr Bartheyl followed you at a safe distance and saw you walk through the carpark and turn right onto Mechanics Street.

1. Mr Doria, who was walking a short distance ahead of Mr Bartheyl, saw you stop briefly and throw your backpack into bushes before continuing.  Mr Doria told Mr Bartehyl, ‘she dropped her backpack in the bush’.

1. Mr Bartheyl remained next to the backpack while Mr Doria continued to follow you along Mechanics Street, where you were intercepted by police.

Arrest and interview

1. Senior Constable Shegog and First Constable Cater were performing divisional van duties and responded to the incident at the supermarket.  Mr Doria flagged down Senior Constable Shegog and informed him that the offender may be armed with a knife, had attempted to rob the supermarket and had thrown her backpack into the bushes.

1. Senior Constable Shegog arrested you, placed you in the back of the divisional van and then retrieved the backpack.

1. First Constable Cater looked inside the main compartment of the backpack and identified several items including a large knife, a set of bolt cutters, a multi-tool and a black top.  First Constable Cater seized the backpack.

1. You were taken to Lakes Entrance Police Station and at approximately 10.25pm, were handed over to police from the Bairnsdale Police Station together with the backpack.

1. At Bairnsdale Police Station, Sergeant Kingston-Lee and Senior Constable Cameron performed a detailed search of the backpack and took photographs. The items found in the backpack included a large knife, a set of bolt cutters, a roll of yellow tape, a black hooded top, a black balaclava, a small pocketknife or multitool and a torch. It is these facts that relate to Summary Charge 10, going equipped to steal.

1. On 3 July 2020 at midnight, Constable Abraham and Leading Senior Constable Elliot commenced an interview with you at Bairnsdale, before it was suspended at 12.03 am.

1. On 3 July 2020 at 11.18am Senior Constable Cameron and Detective Sergeant Smeal recommenced the interview.  In the interview you admitted your offending.  You stated that you stole the knife and the tool from somebody before you left the caravan park.  You stated that you had a different jumper on and had your jacket in your bag.  You stated that you didn’t plan the offending but ‘got into that head space’ and committed the offending ‘out of desperation and without thinking’.  You stated that you ‘thought you could get some cash from somewhere’ and were hoping that the supermarket staff would see the knife, open up the register and give you money.  You were then remanded in custody.

Nature and gravity of the offending

1. Attempted armed robbery is a serious offence carrying a maximum penalty of 20 years imprisonment and in this instance, in my view your conduct represents a relatively serious example.

1. You entered the supermarket wearing a black balaclava and dark clothing.  As you approach the front counter, you armed yourself with a large knife.  That image would itself have been terrifying to employees working in the supermarket, even before you began to make demands and behave in a violent manner.

1. You then made threats to two of the employees, threatening to stab them, which was followed by you standing on the countertop and stabbing the knife into items in some attempt to gain access to cash.  There can be no doubt that this conduct would have been frightening to the employees and any other person witnessing it.  You then proceeded to leave the store and while doing so, stabbed the knife into digital monitors, destroying them.

1. While you did not achieve your aim of obtaining money, as was discussed during the plea hearing, that does not diminish the seriousness of your conduct at the time.

1. No victim impact statements were tendered on the plea.  Nonetheless, when a person is at their place of employment and is confronted with someone attempting a robbery and behaving in a threatening and violent manner as you were, it would undoubtedly be a frightening and traumatic experience.

Personal circumstances

1. At the time of the offending, you were 38 years of age and living alone in a caravan at the Lakes Haven Caravan Park in Lakes Entrance.  You had obtained this accommodation following a long period of homelessness.  At the time, you were also engaged with the Australian Community Support Organisation Limited (ACSO) who were in the process of linking you with drug and alcohol treatment services.

1. You are from a stable family background and are the younger of two sisters. Your father is a retired navy officer and your mother a retired accountant.  Your parents provided a stable environment for you and they have offered you their home once you are released until you can find more permanent accommodation.

1. You completed Year 12 and describe yourself as an average student.  You stated that you were bullied at times and struggled socially.  You say that as a result you fell in with negative peers which ultimately led you to illicit drug use. However, you completed a diploma in Art Therapy and report sporadic employment in a variety of fields including horticulture, farm work and retail.

1. You commenced drinking alcohol at age 12 on a regular basis and you were admitted to hospital with alcohol poisoning on several occasions.  In the time leading up to the offending you were using approximately 0.3 of a gram of methylamphetamine daily.  I note that in the past you were diagnosed with attention deficit hyperactivity disorder (ADHD) however did not receive medication for this condition until recently.  At the time of the offending you were also overusing dexamphetamine, the drug prescribed for your ADHD.

1. You were married for approximately 12 years, the marriage ending some seven years ago.  From that relationship you have two children currently aged 13 and 15.  You state that the relationship was verbally violent.  Following Federal Circuit Court proceedings, you lost all access to your children save for limited telephone contact.

1. You have some prior criminal history which includes some relevant matters including priors for damaging property and unlawful assault, however you do not have any prior matters of the serious nature of this offending.

1. A psychological report was prepared by David Ball, forensic psychologist and tendered on the plea.  Mr Ball provided a detailed personal history and assessed you from a psychological perspective including conducting some psychometric testing.  Mr Ball did not find any evidence of mental illness and found no evidence of cognitive impairment.  He also found your IQ to be within the normal range.

1. Mr Ball formed the opinion that you satisfy the diagnostic criteria for severe stimulant disorder in early remission.  He is also of the view that you suffer dependent and borderline personality features that fall short of the DSM 5 diagnostic criteria for borderline personality disorder.

1. A report was also tendered from consultant psychiatrist, Dr Robert Kruk. Dr Kruk has been involved in your care since 2010 however he last saw you before the commission of these offences.  He is of the view that what he refers to as your ‘personality pathology’, has resulted in recurrent emotional crisis, struggles with your parenting and your legal problems.

1. Dr Kruk makes what may be considered an obvious observation, by stating that in relation to your long term management, the most important aspect is to achieve ‘a total abstinence from drugs by ensuring a drug free environment and random drug tests.’

1. I was told on the plea that you have continued to engage with ACSO whilst on remand and have continued to seek the support of Dr Kruk.

Sentencing considerations

1. You pleaded guilty to this offending at the committal mention on 14 October 2020 which I accept is a plea at the earliest opportunity.  Your early plea has not only spared court time and expense but most importantly, it has avoided the need for the victims to have to give evidence and relive the trauma of the offending.  Further, as a result of jury trials being suspended due to the pandemic, your plea brings to a conclusion a matter which may have been delayed for a significant period of time before a trial could be conducted.

1. I also accept that you have demonstrated some evidence of genuine remorse. In your record of interview, you acknowledged that the victims would have been scared seeing your conduct.  Further, in a community correction order assessment report, it is noted that you stated to the writer that ‘there is nothing I can do, they still have to be scared to work and I cannot fix that by saying I am sorry’.  The writer records that you were visibly upset when you made these comments and expressed ‘considerable remorse.’

1. As to your prospects of rehabilitation, it was submitted on the plea that you are now drug free having dried out in custody and that you are eager to engage in drug and alcohol counselling in order to get your life on track.  You are also fortunate to have the support of your parents upon your release.  That said, I note the comments of Dr Kruk where he stated that, ‘she finds it difficult to learn from her previous mistakes, her engagement in therapy is inconsistent and her future prognosis is uncertain.’  While I accept your genuine desire to turn your life around, the process will be difficult and as such, your prospects of rehabilitation must be approached with some degree of caution.

1. Deterrence, both general and specific, are relevant sentencing considerations together with denunciation of your conduct.  Employees are entitled to go about their normal work in a public area without the fear of being confronted by people like you who are behaving in an erratic and threatening manner.  A message must be conveyed that your conduct will not be tolerated.

1. Finally, I take into account the circumstances surrounding the COVID-19 pandemic and note that you have been in custody since 3 July this year.  While conditions have been improving in the custodial environment as Corrections authorities respond and adapt to the risk factors, there has been, and still is an added burden for prisoners.  Face to face contact visits are still suspended and educational programs are restricted.  There is also the general stress to prisoners and their families in relation to the risk of the virus entering the prison system.  I take these matters into account.

1. Mr Tait, who appeared on your behalf, submitted that in all the circumstances while a term of imprisonment is called for, the time you have served is sufficient when combined with a community correction order.  Mr Davison who appeared on behalf of the Director of Public Prosecutions, submitted that a combined custodial sentence and a community correction order is with range, however did not accept that the time you have served is sufficient as the custodial component of such an order.

1. In my view a combination sentence pursuant to s 44 of the Sentencing Act 1991 is within range, however I am also of the view that in order to meet the relevant sentencing considerations in the circumstances, a further period of imprisonment is required before release on a community correction order.

Sentence

1. Ms Woodham, please stand.

1. Brooke Woodham, on Charge 1, attempted armed robbery, you are convicted and sentenced to 8 months imprisonment. On Charge 2, criminal damage, you are convicted and sentenced to 3 months imprisonment. On Summary Charge 10, going equipped to steal, you are convicted and sentenced to 1 month imprisonment. On Summary Charge 11, commit indictable offence whilst on bail, you are convicted and sentenced to 14 days imprisonment. Those sentences are concurrent and form the prison component of the sentence pursuant to s 44 of the Sentencing Act 1991.

1. Upon your release, you will be placed on a community correction order with conviction for a period of 2 years.  The order is constructed in such way to enable you to engage in treatment and rehabilitation programs to address your drug use, your alcohol use and your mental health.  You will also be subject to supervision.

1. Pursuant to s 18 of the Sentencing Act 1991, I declare that 132 days be reckoned as the period of imprisonment already served under the sentence I have imposed.  That does not include today.

1. Pursuant to s 6AAA of the Sentencing Act 1991, if not for your plea of guilty I would have sentenced you to a period of 2 years imprisonment with a non‑parole period of 14 months. 

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