DPP v Clark

[2018] VCC 583

IN THE COUNTY COURT OF VICTORIA

AT MELBOURNE

CRIMINAL DIVISION

Revised
(Not) Restricted
Suitable for Publication

Case No. CR-18-00059

DIRECTOR OF PUBLIC PROSECUTIONS

v

CASSANDRA MAREE CLARK

---

JUDGE:	JORDAN
WHERE HELD:	Melbourne
DATE OF HEARING:	2,3 May 2018
DATE OF SENTENCE:	3 May 2018
CASE MAY BE CITED AS:	DPP v Clark
MEDIUM NEUTRAL CITATION:	[2018] VCC 583

REASONS FOR SENTENCE
---

Subject:  Theft of firearms- theft- obtaining property-false report
Catchwords:            
Legislation Cited: Sentencing Act 1991
Cases Cited:            
Sentence:                 Combined imprisonment and CCO

---

APPEARANCES:	Counsel	Solicitors
For the DPP	Mr A Grant	Solicitor for DPP
For the Accused	Dr G Boas	Emma Turnbull Lawyers

HIS HONOUR:

1       You have pleaded guilty to 2 charges of theft of a firearm-Charges 1 and 2. The maximum penalty for each of these offences is 15 years imprisonment. You have also pleaded to one charge of theft of other property-Charge 3. The maximum penalty for this offence is 10 years imprisonment. You have also pleaded to one charge of obtaining property by deception-Charge4. The maximum penalty for this offence is 10 years imprisonment. Further you have agreed to a summary charge of falsely reporting a burglary and theft to the police being heard by this court and you have pleaded guilty to that offence-Charge 5. The maximum penalty for this offence is 120 penalty units or 12 months imprisonment.

2       The circumstances of your offending are set out in Exhibit A the Summary of Prosecution Opening upon Plea. This speaks for itself about the facts. There is a good deal of overlap in these offences and on one view they really form part of a series of offences. They are certainly not the same in character but there is a similarity throughout the course of the events that comprise your offending. As already indicated I will sentence on Charges 3,4 and 5 on an aggregate basis.

3       Put very briefly you lived with your partner on a rural property at Baranduda near Wodonga. You were in need of money and you thought you could get it by stealing your partner’s goods and selling them. This idea occurred against a background of a pokies gambling problem, mental health issues in a context of you going off your anti-depressant medication and a number of difficult personal circumstances. All offences relate to the period August to October 2017. You attempted to get some money by stealing your partner’s long firearms from where they were stored in a gun safe at that rural property. Your  intention was to sell them. In the end you gave them to third parties but you did not obtain any money from either attempt.

4       Charge 3 involved your stealing further items owned by your partner which included camera gear , sunglasses and other personal equipment  together with some ammunition and cash. Charge 4 involved your dishonestly obtaining $435 cash  from a pawn shop by representing you were the owner of the goods you stole  from  him in Charge 3.

5       Charge 5 is the summary charge involving you falsely reporting to police that there had been a break-in at the property. This was apparently your futile attempt to cover the loss of your partner’s goods from the home.

6       I regard this as serious offending, in particular Charges 1 and 2. The fact that only one firearm has been recovered and so four are somewhere out in the community is a matter of concern .

7       There has been no Victim Impact Statement put before the court. However I accept that you and your former partner have taken and are taking positive steps to rebuild the relationship.

8       You have admitted the contents of a criminal record which discloses some appearances many years ago. There is only one dishonesty offence and that was shoplifting in 2003. Accordingly your prior criminal record is of limited relevance to the type of offending before me.

9       I will now turn to matters personal to you. You are aged 47 years. You presently live with your mother in Sydney after you separated from  your former partner. The prosecution informed me that there has been no further offending or you coming to the attention of the police since October 2017.

10      A large number of documents have been tendered on your behalf. Exhibit A is the Outline of Defence Submissions. Exhibit B is a detailed report from forensic psychologist, Dr Paul Pusey dated 16 April 2018. Exhibit C comprises three reports from clinical psychologist, Julie Yoon dated 10 January 2018, 16 March 2018 and 29 April 2018. Exhibit 4 is a letter from Royale Medical Centre dated 22 December 2017. Exhibit 5 is an undated statement from you. Exhibit 6 comprises four reference letters from Renee Lovett, Traci Stempel, Rou Poulakis and Sharon St John. Exhibit 7 is a report from Dr Ibrahim Hanna dated 31 July 2017.

11      These reports are extensive and the submissions and other documents indicate genuine remorse. They also support and indeed the prosecution very responsibly agreed that the first four Verdins’ principles applied in your case to the sentencing exercise. I agree.

12      In my assessment taking into account all of these factors your prospects of rehabilitation are quite good.

13      Your Counsel pointed out a number of matters in mitigation which you are entitled to have taken into account which I do in this case. A number of these are covered in the submissions and the exhibits but they include your guilty plea made at the earliest opportunity. I accept there is genuine remorse. I accept also that there is a utilitarian benefit in that you have spared witnesses the ordeal of giving evidence and you have saved the community  the time and expense of a trial. You cooperated with the police. You have started therapy including counselling in  an attempt to address some of your personal problems. I have already mentioned Verdins as well as your limited and  dated criminal history.

14      Your counsel submitted that in view of the fact that you have already served 35 days in prison no further imprisonment was appropriate. A Community Correction Order with conditions with or without the time served was urged.

15      Responsibly the prosecution agreed that such an approach was within the appropriate sentencing dispositions in your case.

16      After considering the matters I arranged for you to be assessed for purposes of a CCO. An Assessment Outcome Report dated 2 May 2018 has now been received and it is Exhibit B on the plea. You have been assessed as suitable for a CCO with conditions.

17      As well as those matters personal to you to which I have referred I must also take into account other relevant sentencing considerations. General and specific deterrence must be given weight in the sentence I will impose this day although the Verdins principles play a part in that reduced weight. General deterrence particularly with firearms that in the community is an important consideration. The community cannot will not tolerate offending which so seriously compromises our citizen the right to feel their property is safe. The message must be clear and consistent that appropriate punishment will result in appropriate circumstances. Your sentence must manifest the community’s denunciation of your conduct and impose just punishment. I must protect the community from any repetition of this type of offending and I must seek to deter not only you from further offending but others particularly on the question of firearms out in our society.

18 I have considered the terms of section 5(4C) of the Sentencing Act 1991 and I am of the view that the purposes for which sentence is imposed can be achieved by a term of imprisonment combined with a CCO with appropriate conditions.

19      These are without doubt serious offences and in particular Charges 1 and 2.

20      You are convicted and sentenced as follows. On Charge 1 which I make the head sentence I sentence you to a period of 35 days imprisonment. On Charge 2 I sentence you to a period of 35 days imprisonment to be served concurrently with the term of imprisonment on Charge 1. On charges 3,4 and 5 I impose an aggregate sentence of a  Community Correction Order of twelve months duration with the conditions as supervision and treatment and rehabilitation.

21      I declare 35 days pre-sentence detention pursuant to s18 of the Act.

22      Pursuant to s6AAA of the Act I declare but for your plea of guilty I would have imposed a sentence on each of Charges 1 and 2 of three months’ imprisonment to be served concurrently and on Charges 3,4 and 5 a CCO of two years duration with conditions.