Director of Public Prosecutions v Young

[2016] VCC 472

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR 15-01766
CR 15-01768

DIRECTOR OF PUBLIC PROSECUTIONS

v

JOHN SAMUEL YOUNG
BARRY HAROLD ADAMSON

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JUDGE:	HIS HONOUR JUDGE MAIDMENT
WHERE HELD:	Melbourne
DATE OF HEARING:
DATE OF SENTENCE:	20 April 2016
CASE MAY BE CITED AS:	DPP v Young
MEDIUM NEUTRAL CITATION:	[2016] VCC

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

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms T. Saville
For Accused Young	Mr P. McLure
For Accused Adamson	Ms R. Page

HIS HONOUR:

1Barry Harold Adamson and John Samuel Young, stay seated for the time being.  You have each pleaded guilty to an indictment, both of you to an offence of armed robbery in Charge 1, which took place on 24 June 2015, and also, in your case, Barry Adamson, to theft of petrol on that same day, then both of you pleaded guilty to an offence of armed robbery on the same day at the TAB in Belmont. 

2You, Adamson, have also pleaded guilty to an offence of armed robbery on
25 June 2015, to intentionally damaging a brick wall on the same day, to driving a motor vehicle dangerously or negligently whilst pursued by a member of the police force on the same day, burglary at Corio on the same day, and finally, an offence of theft of a number of items on the same day.  Each of you have admitted prior court appearances and convictions. 

3In your case, Young, although the history goes back a long way, there are no convictions for armed robbery. In your case, Adamson, whilst your convictions also go back some way to 2003 and include an offence of armed robbery back in 2004, I note that there was a gap in your offending conduct, at least between 2008 and 2012, which was, to some extent, dealt with on the hearing of the plea. 

4The prosecution tendered and relied upon a summary of opening, which sets out the facts of the matter, and it is clear in respect of the armed robbery, the subject of Charge 1, you robbed a neighbour, or a relative of a neighbour. Later on that night, the two of you carried out an armed robbery on the TAB at Belmont.  During the following morning, you, Adamson, carried out a further armed robbery, and other offences which I have already detailed.  This was a crime spree on your part, Adamson, and to some extent, you, Young, participated in that crime spree, probably fuelled by ice and/or the desire to assist Bradley, without any serious planning. Nevertheless with significant consequences for your victims. 

5The prosecution also relied upon victim impact statements which set out the effect that the offences of armed robbery have upon victims, and I am bound to take that into account in assessing an appropriate sentence on the part of each of you.

6In each of your cases, your counsel provided me with a helpful outline of submissions, and I will deal with each of your cases in turn, starting with you, Adamson.

7What is a little surprising, in view of what I have just outlined, is that it seems you are capable of leading a productive life. Indeed on what I was told, you worked for a number of years successfully, and saved a deal of money. That is very much to your credit, and bodes reasonably well for the future.  It would be, I think, a very good thing if you participate in as many programs whilst you are serving your sentence as possible, because it seems to me that if you can get yourself sorted out, particularly your drug issues sorted out, you can become a productive member of society once again.  And take advantage of the money that you have put aside.

8So I would, in a guarded way, suggest that you have reasonable prospects of rehabilitation.  I accept that now, in the cold light of day, you are remorseful.  I accept that you were suffering from post-traumatic stress disorder, and that you were also suffering from depression.  Neither of those excuse your conduct, neither of those were put forward as excuses for your conduct, neither of them reduce your moral culpability to the offending conduct.  But I think they will operate upon your capacity to handle your time in custody, and I think it will be harder for you than for a person who did not have those conditions and I will adjust your sentence accordingly.  You have spent a fair bit of time in custody, and there is a real risk, I think, of institutionalisation in your case.  That is unfortunate, but nevertheless I have to punish you adequately for your offending conduct, and I think you realise that.

9The offences are of a kind that require the court to impose substantial terms of imprisonment.  Robberies of the kind that you carried out on the TAB, indeed all of the robberies you carried out are all too prevalent.  They are also offences of a kind which seem to be committed very regularly by people who are gripped by an ice habit, and it is necessary for the courts to impose sentences that have the capacity to deter others from committing offences of that kind and engaging in that kind of conduct.

10Mr Adamson, before I leave your case, I recognise that you had a dreadful upbringing, and whilst it explains to some extent your record and your conduct, unfortunately it cannot excuse it, but it is a factor that I have to pay attention to.  And it is always harder for people who have difficulties that you have had to face to avoid becoming involved in a drug habit and involved in committing criminal offences, I recognise that fact and take that fact into account.

11In your case, Mr Young, you too have had a difficult upbringing and it is, I think too, to some extent a product of that you becoming involved in your offending conduct over the years.  It was put forward on your behalf that you have a good work history also, and that your motivation for participating in the armed robbery of the TAB was for money so that you could be looked on more favourably by your partner, an unfortunate basis for participating in offending conduct of that kind.  You spent time initially in custody in the psychiatric unit at Port Phillip hospital but in more recent times you have been using your time as effectively as you can within the prison system, although you have been in protection and for reasons which were set out, I do not wish to repeat.  So that, too, is a matter which will make your sentence more difficult for you, and I take that into account in reducing the sentence that would otherwise have imposed upon you.  Indeed, I propose to reflect that in a lower than usual non-parole period, so that can be taken into account and reduce the time, hopefully, that you will actually have to serve.

12You have made a number of attempts to beat your drug habit over the years, I hope that during your time in custody, you will make some further attempts and see if you can kick the habits permanently. Because I have no doubt that too has been the blight of your life and has prevented you from leading a really productive life on a consistent basis.  I accept too, in your case, that you are remorseful, you too have pleaded guilty to these offences, and it will be difficult for you, isolated from your family, in protection, to serve your time in custody.

13In your case also, I would say in a guarded way, you have reasonable prospects of rehabilitation, it is just a question of the extent to which you can beat your drug habit and stay away from the drugs.  You have to be punished for serious offending conduct for the same reasons I have outlined in relation to Mr Adamson.  I am obliged to give weight to all of the sentencing considerations, I have to look also to protection of the public, and that too is a factor that needs to be taken into account in assessing an appropriate sentence in each of your cases.  Doing the best I can to balance all of those factors together and looking to impose a term of imprisonment on each of you that has proper regard to the totality principle, that is, not imposing a sentence that is crushing, and one that has sufficient degree of concurrency to avoid that effect.  I am now ready to impose sentence upon, you would stand first, Mr Adamson?

14On Charge 1 of armed robbery I convict you and sentence you to imprisonment for a period of four years; on Charge 2 of theft, I convict you and sentence you to imprisonment for a period of two months; on Charge 3 of armed robbery, I convict you and sentence you to imprisonment for a period of four years and six months; on Charge 6 of armed robbery, I convict you and sentence you to imprisonment for a period of four years; on Charge 7 of criminal damage I convict you and sentence you to a imprisonment for a period of four months; on Charge 8 of dangerous or negligent driving whilst pursued by police contrary to the Crimes Act, I convict you and sentence you to imprisonment for nine months; on Charge 9 of burglary, I convict you and sentence you to imprisonment for a period of 18 months; on Charge 10 of theft, I convict you and sentence you to imprisonment for a period of four months. 

15The sentence of four and a half years on Charge 3 is to regarded as the base sentence, and I order that nine months of the sentence on Charge 1, nine months of the sentence on Charge 6, three months of the sentence on Charge 8 and three months of the sentence on Charge 9 be served cumulatively upon one another, and cumulatively on the sentence of four and a half years on Charge 3, making a total effective sentence of six years and six months' imprisonment. I order that you serve a period of four years and four months before you become eligible for parole.  I declare presentence detention of 132 days as time to be reckoned as served on the sentences that I have imposed, and to be deducted administratively from the time that you will actually have to serve.  But for your pleas of guilty, I would have sentenced you to imprisonment for a period of eight years and six months, with a non-parole period of six years.  You can take a seat.

16In your case, Mr Young, in respect of Charge 1 of armed robbery, I convict you and sentence you to imprisonment for a period of four years; on Charge 3 of armed robbery, I convict you and sentence you to imprisonment for a period of four and a half years.  I order that nine months of the sentence on Charge 1 be served cumulatively upon the sentence of four and a half years on Charge 3, making a total of five years and three months' imprisonment, and I order that you serve a period of three years before you become eligible for parole.  I declare 300 days of presentence detention as time to be reckoned as served on the sentences that I have imposed upon you, and order that they be deducted administratively from the time you will actually have to serve, and that that fact be noted in the records of the court.  But for your pleas of guilty to the two offences, I would have sentenced you to a total of six years eight months' imprisonment with a non-parole period of four years.  I make the orders for forfeiture and disposal of property in the terms of the draft orders with which I have been provided.

17Any other orders that I need make?

18MS SAVILLE:  No.

19HIS HONOUR:  No?  All right.  Yes, thank you.

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