DPP v Lawrence

[2022] VCC 1560

IN THE COUNTY COURT OF VICTORIA

Revised

(Not) Restricted

Suitable for Publication

AT LATROBE VALLEY

CRIMINAL JURISDICTION

CR-22-00545

DIRECTOR OF PUBLIC PROSECUTIONS

v

TAYLOR LAWRENCE

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JUDGE:	HIS HONOUR JUDGE SMALLWOOD
WHERE HELD:	Melbourne
DATE OF HEARING:
DATE OF SENTENCE:	14 September 2022
CASE MAY BE CITED AS:	DPP v Lawrence
MEDIUM NEUTRAL CITATION:	[2022] VCC 1560

REASONS FOR SENTENCE

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Sentence:

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr O. Doherty	Office of Public Prosecutions
For the Accused	Ms L. Andrews	Daniel Taylor Lawyers

HIS HONOUR:

1Taylor Andrew Lawrence, you have pleaded guilty to one charge of discharge a firearm with reckless disregard and one charge prohibited person possess a firearm.  Those crimes carry maximum penalties of 15 years and 10 years respectively. 

2You are now 23 years of age and you have been in custody for almost a year in relation to this matter.  You were not charged until quite some time after the event and I take that delay very much into account.  The only reason you have been charged is that the police were able to see CCTV footage which showed at least a visual re-enactment if you like of the crime.  The complainant, if there is one, never complained about it and this matter would never have come to light had there not been a raid on that person who is described as a victim.  So in one sense his own criminality brought this all upon everybody.

3But in any event, you have pleaded guilty.  That is in times of COVID and I understand you have undergone now 336 days in COVID conditions.  You also must get the benefit the decision of the Court of Appeal in Worboyes and subsequent matters and in this situation utilitarian benefts must be seen to be given by a sentencing judge.  Insofar as remorse is concerned I suspect that is problematic but at the age of 23 you are still young and even though you have significant priors and have been gaol before, you are certainly not beyond rehabilitation.

4As I will describe in a moment, the offending has to be described as serious, of course the application of general specific deterrence, as well as denunciation and appropriate punishment.  There is no victim impact statement and in this situation that's perfectly understandable.  I will describe the offending in a moment but in terms of parity there were three initially co-accused.  One received six months and one received a non-conviction adjournment despite having possession of a shotgun and another one the charges were withdrawn.

5So parity plays a significant part in all this.  In simple terms, the offending was that police executed a search warrant on an address in Catterick Street in Morwell.  Whilst there they seized CCTV footage.  That CCTV footage included a vehicle pulling up at that residence where you and three others ultimately exited the vehicle and there were comings and goings inside the house.  We do not know whether it can be said to be an aggravated burglary or anything.  No-one seems to know what really went on.  But insofar as you are concerned, you walked towards the front door carrying a handgun.

6I accept on the material before me that that as a pen pistol and there was a pen pistol that was subsequently found in the possession of a co-accused who received six months for the possession of that handgun.  Again people ran in and out of the house.  One of your co-accused who received a good behaviour bond entered the house with a hammer came out afterwards.  You pointed the handgun towards the door which was apparently being closed and pulled the trigger.  One shot was fired and it, as I understand it, hit the bedroom window and narrowly missed your co-accused that walked towards the window with the hammer which she had been using to batter the door.

7In any event, that moment in time gives rise to both Charges 1 and 2.  Obviously you could not have fired the gun unless you were in possession so there has got to be an element of double punishment if one is not careful.  But in any event, all four of you eventually left.  The matter was never reported.  When you were interviewed by police you said you knew nothing about it.  I am assuming that the CCTV footage must be pretty clear.  But in any event, you have now owned up to it.  As your counsel has pointed out, you have now spent a significant time in custody.

8In terms of matters personal and before me the very helpful submissions of your counsel and also reports of Ms Cidoni and Ms Rogers.  The matters contained in their reports are succinctly as I have indicated, contained within the submissions your counsel.   I accept that the handgun that you fired was that owned by Mr Bunker who received the six months.

9Your parents separated when you were young and your father abused drugs and was in and out of prison.   You left home at around about the age of 16 and lived with your maternal grandparents, returned home to live with your mother about 12 months later and have lived with her until your remand.  Your older sister who was a co-accused also has a drug problem, as have you.

10You are in a relationship and have been in that relationship for some seven years.  Your partner works at a restaurant and doesn't use drugs.  You have described her as anti-drugs and to keep that relationship you will need to stay clean.  She apparently has stood by you and continues to reside with your mother who assists with the care of your sister's children.  Insofar as schooling is concerned you went to school in Morwell.  You did year 9 at Kurnai College.  You then attended Berry Street Special School for a brief period but would not engage and I think that in itself is a pretty clear indication of where you are coming from.  I have quite a knowledge of that institution.

11You were diagnosed with ADHD at the age of nine and you have ever since then worked on and off.  You worked in a car wash.  You have picked vegetables.  At the time of this offending you were working on a farm harvesting broccoli.  It is a bit hard to see in this situation how principles such as Verdins play very much of a role.  The fact of the matter here is that you obviously had a very difficult upbringing.  I accept that you have ADHD which needs to be treated.  I accept also that you have a generalised anxiety disorder and I take those matters into account as best I can.

12You were first incarcerated in youth detention and at the age of 23 it is time you got your act together.  The difficulty that you are going to have is that if you continue to offend in this way you are going to get longer and longer sentences and end up spending most of your life in prison.  Insofar as drugs are concerned, you have used methamphetamines since you were 16, smoked heroin from the age of 19 and you have been prescribed benzodiazepines periodically and you have used methamphetamine up until 2019 and you state that you stopped all drug use when you were in gaol in 2020 and have not used since.

13It is to be hoped that that is true and it is to be hoped that it is true and you can continue.  You have family support.  You have a long term partner.  You have stable accommodation and you have the prospect of employment on a fishing boat from Lakes Entrance on your release. 

14So when I take all those matters into account and take into account your youth and what happened to your co-accused I think this is a situation which clearly calls for a custodial sentence.  I am not going to mess around having you assessed for a community corrections order and the like.  I think in this situation a head sentence with a minimum term is appropriate and accordingly you are sentenced to be imprisoned for a period of 14 months.  I direct that you serve a minimum term of eight months before becoming eligible for parole and I direct that 336 be reckoned as having been served under this sentence.

15It seems to me that the prospects of your rehabilitation are completely up to you and the risk of you reoffending is again completely up to you. Pursuant so s6AAA of the Sentencing Act I say that but of your plea of guilty I would have sentenced you to be imprisoned for a period of two years with a minimum term of 16 months aggregate. So the sentence is aggregate if I have not made that clear.

16I am assuming I can.  I have never seen that section about discharging a firearm before.  I am assuming that is something that can still be aggregated.  I cannot see why not.

17MS ANDREWS:  I can't see why not.

18HIS HONOUR:  It is only the serious offenders it can't be.

19MS ANDREWS:  Yes, it's not a serious offender case, Your Honour.