R v Parlov
[2018] ACTSC 248
•21 June 2018
SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Parlov |
Citation: | [2018] ACTSC 248 |
Hearing Date: | 22 May 2018 |
DecisionDate: | 21 June 2018 |
Before: | Burns J |
Decision: | See [21]-[30] |
Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – aggravated robbery – in company – aggravated burglary – in company – theft – riding in a motor vehicle without consent – four offences of obtaining property by deception – unauthorised possession of a prohibited weapon – summary charge – possession of a prohibited substance – victim impact statement – subjective features – criminal history – Pre-Sentence Report – medium risk of re-offending – CADAS Assessment – pleas of guilty – totality – reasonable prospects for rehabilitation |
Legislation Cited: | Criminal Code 2002 (ACT) ss 308, 310, 312, 318(2), 326 Prohibited Weapons Act 1996 (ACT) s 5 Drugs of Dependence Act 1989 (ACT) s 171(1)(b) |
Parties: | The Queen (Crown) Rebecca Parlov (Offender) |
Representation: | Counsel Ms A Jamieson-Williams (Crown) Mr D Lee (Offender) |
| Solicitors ACT Director of Public Prosecutions (Crown) Gabbedy Milson Lee (Offender) | |
File Numbers: | SCC 37 of 2018; SCC 38 of 2018 |
BURNS J:
Rebecca Parlov, you appear before me today for sentence with respect to a number of offences.
On 12 September 2017 you committed an offence of aggravated robbery (CC2017/10527), contrary to s 310 of the Criminal Code 2002 (ACT) (Criminal Code). This carries a maximum penalty of 25 years' imprisonment, a fine of $375,000 or both.
On 21 September 2017 you committed a number of further offences:
· an offence of aggravated burglary (CC2017/13425), contrary to s 312 of the Criminal Code, carrying a maximum penalty of 20 years' imprisonment, a fine of $300,000 or both;
· an offence of theft (CC2018/1633), contrary to s 308 of the Criminal Code, by virtue of s 45A of the Criminal Code2002 which carries a maximum penalty of 10 years' imprisonment, a fine of $150,000 or both;
· an offence of riding in a motor vehicle without consent (CC2017/10837), contrary to s 318(2) of the Criminal Code, which carries a maximum penalty of five years' imprisonment, a fine of $75,000 or both;
· four offences of obtaining property by deception (CC2017/13192; CC2017/13193; CC2017/13194; CC2017/10959), contrary to s 326 of the Criminal Code2002, each of which carries a maximum penalty of 10 years' imprisonment, a fine of $150,000 or both; and
· an offence of unauthorised possession of a prohibited weapon (CC2017/10528), contrary to s 5 of the Prohibited Weapons Act 1996 which carries a maximum penalty of five years' imprisonment, a fine of $75,000 or both.
In addition, a summary charge has been transferred to this Court for sentence, being a charge of possession of a prohibited substance (CC2017/13663), contrary to s 171(1)(b) of the Drugs of Dependence Act 1989 (ACT). This carries a maximum penalty of two years' imprisonment, a fine of $7,500 or both.
Very briefly, the facts are that on 12 September 2017 you and an unknown male robbed Amy Smith of her maroon Mazda 3 hatchback motor vehicle in the Florey shops carpark. Further, on 21 September 2017 you and your co-offender, Bradley Biddle, committed a burglary in O'Malley, and you and your co-offender stole a number of items from the house and also took a car. You and your co-offender used stolen credit cards to make a number of purchases shortly after the aggravated burglary. You were arrested later that day and found to be in possession of a functioning handheld electrical device and a number of tablets containing methylenedioxyamphetamine and methylenedioxymethylamphetamine, or MDA and MDMA respectively.
In sentencing you with respect to the offence of aggravated robbery, I take into account that the offence was aggravated because it was committed whilst you were in company, but I also take into account that it was in circumstances where a weapon, being a knife, was used to threaten the victim by your co-offender. I note that you were the person who initiated the violence with respect to this matter, although as I have said, it was your co‑offender who actually produced and threatened the victim with the knife. I also take into account the fact that the offence occurred at night and the victim was a young female, and vulnerable at that time because she was alone. It was also in a relatively isolated location. As I have noted, actual violence was used by you, and your co-offender threatened the victim with a knife. I note that the vehicle which was taken at that time was subsequently recovered, although the victim has been very deeply affected by this offence.
With respect to the offences of 21 September 2017, I note that the circumstance of aggravation pleaded with respect to the aggravated burglary is that you were in company with your co-offender, Bradley Biddle, at that time. I also take into account in assessing the objective seriousness of the offence of aggravated burglary that entry to the premises occurred at about 7.30 am, a time when it may have been expected that residents would be present in the premises, and indeed one young female resident was present in a bedroom to the premises. She provided a victim impact statement which demonstrated that she had been traumatised by discovering that she had been alone in the house at the time when you and your co-offender entered and committed this offence.
With respect to the offence of theft, I take into account that the property which was taken was of a very considerable value, being $42,578.00. With regard to the offences of obtaining property by deception, I take into account that the value of the property in each case was not particularly substantial. Regarding the offence of riding in a motor vehicle, I take into account the fact that the vehicle was the same as that which was taken in the course of the burglary and theft.
I note that all of the offences on 21 September 2017 occurred very close together in time. The Suzuki motor vehicle which was taken in the course of the aggravated burglary was recovered on 25 September 2017, but was significantly damaged. There is no suggestion in the material which has been put before me that you were responsible for that damage. I note that some other property from within that vehicle was also recovered at that time, but it appears that a significant amount of property was not recovered.
10. You were arrested at the Ibis Hotel in Watson on 21 September 2017. You participated in a taped record of interview with the police in regards to the aggravated robbery offence, and you denied any involvement. During a search of your personal belongings at that time a handheld electrical control device was found, which is a prohibited weapon. Also found at that time were four pills containing MDA, and MDMA.
Subjective features
11. You have a substantial criminal history, but over a relatively short period of time. Your first offence occurred in December 2015, but multiple offences that pre-date the present offences were dealt with in the Magistrates Court on 18 May 2018. You are currently serving sentences with a head sentence from 20 September 2017 to 16 December 2018, with a non-parole period which expires on 19 July 2018.
12. There is little leniency which the Court can show you with respect to sentencing for the present offences, based upon your criminal history. It is also disturbing that there appears to be an escalation in the seriousness of your offending, revealed by the present offences.
13. A Pre-Sentence Report was prepared for the purpose of the sentence hearing. You are now 21 years old. Your previous compliance with supervision in 2017 was considered poor by Corrective Services. Since being remanded in custody you have been disciplined for infractions of the rules of the AMC, but it appears for fairly minor offences. You reported having continuing close relationships with your parents and siblings and you can return to live in the family home when you are released from custody. You left school in Year 8 and you have had some employment in the past, but you were on Youth Allowance prior to being remanded in custody.
14. You are a methamphetamine user. In the AMC you have completed the SMART Program and you have also completed an assessment for residential rehabilitation at Arcadia House. It is of course encouraging that you have been prepared to participate in these programs whilst you have been in custody.
15. You were assessed at medium risk of re-offending, but that can be reduced by addressing substance abuse and dissociating yourself from criminal associates.
16. A CADAS assessment, dated 11 May 2018, was also prepared. In that assessment you reported an upbringing free from abuse and neglect. You told the author of the report that you commenced using amphetamines at age 18, and you reported daily amphetamine use in large amounts for the eight to nine months before being remanded in custody. You reported that your goals after leaving custody were of obtaining employment, and also leaving Canberra. You have limited experience of alcohol and other drug treatment, and it was the opinion of the author of the report that a short-term structured plan such as Arcadia House may be useful for you. As I have noted, you have also completed a number of programs within Alexander Maconochie Centre (AMC).
17. I take into account the fact that you pleaded guilty to all of the offences. You originally pleaded not guilty to the aggravated robbery charge, but you entered a plea of guilty after the brief of evidence was prepared, therefore the plea was entered in the Magistrates Court and you were committed for sentence to this Court. A similar situation exists with regard to the charge of possession of a prohibited weapon. An early plea of guilty was entered to the charge of dishonestly riding in a motor vehicle and also to a reformulated charge of theft, and also to the charge of aggravated burglary. You also entered early pleas of guilty to the charges of obtaining property by deception.
I will therefore reduce the sentence applicable for the offences of aggravated robbery and possession of a prohibited weapon by 20 per cent. For the remainder of the offences, I will reduce the otherwise appropriate sentence by 25 per cent in order to reflect your pleas of guilty.
19. You have been remanded in custody since 21 September 2017, but you have been serving sentences of imprisonment imposed in the Magistrates Court since 20 September 2017. You are not eligible for release on parole until 19 July 2018. In sentencing you, I accept that I need to consider totality, both with regard to the sentences I impose, and also with regard to cumulation with sentences imposed in the Magistrates Court.
20. You are still a young woman, such that rehabilitation is of particular importance. You have reasonable prospects for rehabilitation which can only be enhanced if you address substance abuse and antisocial associates. In sentencing you there is a need for general deterrence with respect to these offences, and also to impose sentences that appropriately denounce this conduct. I am satisfied that immediate terms of imprisonment are called for with respect to these offences.
Sentence
With regard to the charge of aggravated robbery you are convicted and sentenced to two years and three months' imprisonment, commencing on 20 March 2018 and expiring on 19 June 2020.
22. With regard to the offence of aggravated burglary, you are convicted and sentenced to 15 months' imprisonment, commencing on 20 March 2020 and expiring on 19 June 2021.
With regard to the offence of theft, you are convicted and sentenced to 15 months' imprisonment, commencing on 20 September 2020 and expiring on 19 December 2021.
24. With regard to the offence of riding in a motor vehicle without consent, you are convicted and sentenced to four months' imprisonment, commencing on 20 October 2021 and expiring on 19 February 2022.
25. With respect to the offences of obtaining property by deception, on each of those charges you will be convicted and sentenced to six months' imprisonment, commencing 20 November 2021 and expiring on 19 May 2022.
26. With regard to the offence of possession of a prohibited weapon, you are convicted and sentenced to four months' imprisonment, commencing on 20 March 2022 and expiring on 19 July 2022.
27. With regard to the offence of possession of a prohibited substance you are convicted and sentenced to one month imprisonment, commencing on 20 March 2022 and expiring on 19 April 2022.
28. Therefore, the aggregate sentence which I have imposed is one of four years and four months' imprisonment, commencing on 20 March 2018 and expiring on 19 July 2022.
29. The aggregate head sentence with the Magistrates Court matters is four years and 10 months’ imprisonment, commencing 20 September 2017 and expiring on 19 July 2022.
30. I will reset the non-parole period to two years and four months' commencing on 20 September 2017 and expiring on 19 January 2020.
| I certify that the preceding thirty [30] numbered paragraphs are a true copy of the Reasons for Sentence of his Honour Justice Burns. Associate: Date: 11 August 2018 |
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