Director of Public Prosecutions v Wright

[2015] VCC 885

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR 14-02013

DIRECTOR OF PUBLIC PROSECUTIONS

v

DEAN WRIGHT

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JUDGE:	HIS HONOUR JUDGE COISH
WHERE HELD:	Melbourne
DATE OF HEARING:
DATE OF SENTENCE:	26 June 2015
CASE MAY BE CITED AS:	DPP v Wright
MEDIUM NEUTRAL CITATION:	[2015] VCC 885

REASONS FOR SENTENCE
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Subject:
Catchwords:
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Cases Cited:
Sentence:

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms N.Burnett
For the Offender	Mr N. Goetz

HIS HONOUR:

1Dean Wright, you have pleaded guilty to two charges of armed robbery. This offence carries the maximum penalty of 25 years imprisonment.  It is unnecessary for me to recount the facts of the matter in detail as they are on transcript and contained in exhibit 1, Summary of Prosecution Opening.  That opening was accepted by you through your counsel.  I proceed to sentence you on the basis of the facts as opened by the prosecutor which I shall now summarise.

2On Sunday 23 February 2014 you and an unknown male attended at the 7-Eleven store in North Geelong.  Your accomplice produced a knife and grabbed the victim and demanded money.  You took about $327 from the till and you stole an assortment of cigarette packets.  (Charge 1, armed robbery.)

3On Sunday 21 June you attended at the Provincial Home Living store in Geelong.  After making a small purchase, you approached the female shop assistant with a pair of scissors you had taken from inside the store and demanded she open the till.  You took $280 before fleeing on foot.  (Charge 2, armed robbery.) 

4You were arrested and interviewed by police on 27 August 2014.  You made full admissions.  I state to you that I have taken into account the following matters in mitigation of sentence.  You have pleaded guilty.  You are entitled to have that fact taken into account in your favour and I do so.  The community has by your plea been spared the time and cost of a trial.  Witnesses have been spared the ordeal of giving evidence upon your trial.  You pleaded guilty at an earlier stage.  You cooperated with authorities. I accept that you are genuinely remorseful.

5Although you have a prior conviction from the Geelong Children's Court I disregard this matter and I sentence you as a person of previously good character.  I have been told something of your personal circumstances.  You are 21 years of age having been born on 11 September 1993 in Ballarat.  You were raised in Corio in Queensland.  You were educated to partway through year 11 level.  You have been effectively living independently since you were about 15 years of age.  Your parents separated.  Your mother continues to reside in Queensland.  You have no relationship with your father.  You currently reside in Corio with a friend and that friend's family.  This is stable accommodation.

6You have casual employment with Ace Furniture Removals and Storage.  A letter from your employer was tendered on your behalf.  You were described as hardworking and reliable.  You were a talented junior footballer.  You suffered serious injuries when struck by a motor vehicle on 1 September 2012.  You were the victim of a deliberate act by James Fowler, who drove his motor vehicle into you.  He was sentenced on 21 February 2014 and I have the sentence remarks of Her Honour Judge Sexton.  She describes in some detail the effect of this incident upon you.

(10) "Mr Wright suffered serious injuries.  He received concussion, a broken collar bone.  Abrasions to the left side of his face and ear.  Temporary hearing loss.  And worst of all for him, aggravated the left knee which had been injured about a year earlier and for which he had already undergone reconstructive surgery.  This meant he required further knee surgery, and the prognosis of early onset of arthritis and still suffers leg pain." 

(11) "I received a victim impact statement from Mr Wright and I take into account how your offending has affected him in deciding the appropriate sentence.  You previously worked three to four days a week at the Drysdale potato share.  He was off work for a month after the collision and had to give up the job because of continued instability in the knee.  This caused a significant drop in income.  The injuries also meant that he had to give up playing football, which was very important to him and has meant a loss of contact with friends through football.  He has been unable to get another job which upsets and frustrates him, as well as keeping his income at a low level and the stress of all this has caused him to have difficulties in his relationship with his partner.  He suffers anxiety crossing roads and is still angry at what happened.  This all occurred to him at the age of 18 and he is still only 20 years old."

7I have been provided with a number of medical reports which describe the physical injuries you sustained in that incident.  You are only 21 years of age and you have no prior convictions.  I have taken your relative youthfulness into account.  The principles applicable to the sentencing of young persons are in my opinion applicable.  It is also very relevant that James Fowler was sentenced on 21 February 2014 and the first armed robbery was committed by you on 23 February 2014.  It was noted by the learned prosecutor who appeared when this matter was first before me at Geelong that your attendance at court in respect of Fowler's offending was a very stressful experience for you. 

8When this plea hearing was conducted at Geelong on 23 February 2015 I was concerned about the absence of material in respect of your very difficult and unusual personal circumstances.  Since then I have been provided with a psychological report from David Ball who assessed you on 17 June 2015.  I accept Mr Ball's opinion that you are an immature man.  You have a history of drug dependence.  I accept that this offending occurred in the unusual circumstances where you had been seriously injured when hit by a motor vehicle.  You had lost your job.  You were unable to play football which was your great passion and you were feeling lost and frustrated.

9It is, as Mr Ball has noted, very relevant that in recent times you have been able to return to playing football and you are more engaged with community activities and prosocial peers.  I accept Mr Ball's opinions that,

"Mr Wright's safe management in the community presents with some minor challenges related to his cannabis use, immaturity and risk of relapse in the community because he presents as a young man struggling with the sequelae of antisocial parents in a dysfunctional and chaotic family of origin.  Notwithstanding his offending and lack of moral compass during his formative years, he stands as a young man seeking to build a life in the community and has applied himself to same.  By virtue of Mr Wright's age, he has missed the opportunity for any custodial sentence being served in a youth justice facility."

"As such any custodial sentence will be served in adult prison where he may suffer from victimisation or the rise of antisocial views and traits from being confined with older and more antisocial inmates.  On this Mr Wright might benefit from support, supervision and treatment in the community.  This might be provided under a community corrections order or a similar conditional release.  He will require intensive and structured drug relapse prevention treatment.  The necessity of this treatment cannot be overstated.  I consider that under these circumstances Mr Wright's prognosis may be favourable in the shorter term."

10You have been involved in a subsequent offence.  On 2 February 2015 you stole some Nurofen tablets from the My Chemist store in market square Geelong.  This was at the direction of your mother who has returned to Queensland.  You were charged with theft and dealt with at the Geelong Magistrates' Court on 27 February 2015.  You were placed on a 12 month good behaviour bond without conviction.  This was certainly an unusual act which does provide an insight into your mother's character.  I assess your prospects of rehabilitation as being reasonable. 

11Against these matters in mitigation, however, your actions were very serious indeed. 

12

You have committed two armed robberies.  Although the offending was unsophisticated, it was serious.  There is a victim impact statement from Kim Fall, the shop assistant at the Provincial Home Living store.  She describes feeling much anxiety, fearfulness and vulnerability.  She no longer works in the shop and she has suffered from a lack of confidence and a lack of trust. 

I have had regard to the victim impact statement but it must not overwhelm other relevant sentencing considerations. 

13There is one day of pre-sentence detention. As well as the matters to which I have referred, I must take into account the need for general and specific deterrence. Specific deterrence is less relevant as you have no relevant prior convictions. General deterrence is of considerable importance in a case such as this. This type of offending must be discouraged. I am called upon by the Sentencing Act to manifest the community's denunciation of your conduct and generally to impose a just punishment.

14Your counsel submitted that I should impose a community corrections order.  It was submitted on behalf of the prosecution that an immediate custodial sentence was required together with a community corrections order.  I have obtained a community corrections order assessment outcome report dated 22 June 2015 from the assessing community corrections officer Richard Temple-Camp.  You are assessed as suitable for a community corrections order.  It is recommended that the following conditions be included in such an order.  Community work, treatment and rehabilitation, drug/mental health and programs to reduce re-offending and supervision.  I agree with the recommendations contained in Mr Temple-Camp's report.  The conditions and requirements of a community corrections order have been explained to you and you have agreed to comply with these conditions. 

15Ordinarily the commission of two armed robberies would result in a term of imprisonment.  This case is, however, particularly unusual in that you are young, immature and you clearly lost your way when seriously injured when the victim of a crime involving a motor vehicle.  You have had a very difficult upbringing.  This is a case in which the principles enunciated by the court of appeal in Boulton v R (2014) VSCA 342 concerning the applicability of a community corrections order, particularly in respect of a young offender, are very relevant.

16I have in all the circumstances decided that the appropriate penalty is that you be convicted and sentenced to a three year community corrections order.  Before I am able to make this order I must obtain your consent to the making of such an order.  I intend to impose a three year community corrections order which will commence on this date.  You must attend at the Geelong community correctional services in Little Malop Street, Geelong within two clear working days of this date.  There are mandatory terms to all community corrections orders.

17They are you must not commit another offence for which you could be imprisoned during the time the order is in force.  You must comply with any obligation or requirement prescribed by regulation 17 of the sentencing regulations.  You must report to and receive visits from the secretary or delegate.  You must report to the community corrections centre within two clear working days of the order starting.  You must let a community corrections officer know within two clear working days of you changing your address or job.  You must not leave Victoria without first getting permission to do so from the secretary or delegate.  You must obey all lawful instructions from and directions of the secretary or delegate.

18In addition to these mandatory terms, I intend to impose the following conditions.  Unpaid community work: you must perform 100 hours of unpaid community work over a period of three years as directed.  Supervision: you must be under the supervision of a community corrections officer for a period of three years.  Treatment and rehabilitation: you must undergo assessment and treatment for drug abuse or dependency, as directed, mental health assessment and treatment as directed, and you must participate in programs and/or courses that address factors relating to the offending as directed.  Should you breach this community corrections order, you will be liable to brought back before me and dealt with in respect of both the breach of the order and these offences of armed robbery. 

19Dean Wright, do you consent to me making such an order?

20OFFENDER:  Yes, Your Honour.

21HIS HONOUR:  Mr Goetz, I will just get you to assist your client, can the order be signed, thank you? 

22MR GOETZ:  Yes, Your Honour.

23HIS HONOUR:  You've got the disposal and compensation orders.  So we've got the order signed?

24MR GOETZ:  Mr Wright has signed that, Your Honour.

25HIS HONOUR: Mr Wright's signed the order. So Mr Wright, you are convicted and sentenced to a three year community corrections order, the terms of which I have just stated. There's day of pre-sentence detention and I direct that that be noted in the records of the court. I have made the disposal order and compensation order sought by the prosecution, pursuant to s.6(aaa) of the Sentencing Act I state that the sentence and non-parole period I would have imposed but for the plea of guilty is four years, two and a half year non-parole period.

26So that covers everything.  Thank you for your help.  We will just adjourn sine die.  Yes, thank you.

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