R v Perkins
[2002] VSC 216
•4 June 2002
| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
CRIMINAL DIVISION
No. 1538 of 2001
| THE QUEEN |
| v |
| KYLIE ANNE PERKINS |
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JUDGE: | TEAGUE J | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 21 - 22 May 2002 | |
DATE OF SENTENCE: | 4 June 2002 | |
CASE MAY BE CITED AS: | R v Kylie Anne Perkins | |
MEDIUM NEUTRAL CITATION: | [2002] VSC 216 | |
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Criminal Law – Sentencing – Intentionally causing serious injury and armed robbery – Use of hammer to cause serious head injuries – non-perpetrator acting in concert – effective sentence of 7 years with non-parole period of 4½ years
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APPEARANCES: | Counsel | Solicitors |
| For the Crown | Mr J Saunders | Office of Public Prosecutions |
| For the Accused | Mr D Wraith | Victoria Legal Aid |
HIS HONOUR:
Kylie Perkins, you have pleaded guilty to two offences, both arising out of events on 5 June 2001. The offences are of the armed robbery of Peter Gillespie, and of intentionally causing serious injury to Peter Gillespie.
On 5 June 2001, Peter Gillespie was a shopkeeper running the Futon Factory in Clayton Road, Clayton. Since 5 June 2001, the life of Peter Gillespie has been in tatters because of the brutal bashing he received with a hammer on that day. On your evidence it is clear that the hammer was wielded by a Thomas Jaafar. Jaafar has not yet been brought to trial. The members of the press present will be aware of the contempt implications of the present situation.
In June 2001, you were addicted to heroin. On 4 June 2001, you wanted money for heroin. As you later said to the police, you wanted to get stoned. You decided that the Futon Factory would be an easy target. Only one person, the shopkeeper, Peter Gillespie, was working there. Further, customers were not coming in and out all the time. You were aware that Jaafar had done robberies before. You and Jaafar decided to carry out a robbery the next day. You made plans as to how you would do it. You planned that you would go into the shop and pretend to the shopkeeper that you wanted a bed. Picking his time, Jaafar would hit the shopkeeper with a hammer. You would get the money from the till.
You knew that through the use of a hammer, the shopkeeper would be hurt. You knew that hitting the shopkeeper with a hammer could knock him out, and could do serious damage. You still went ahead with the plan. Choosing a time the next day when no-one was in the shop, you and Jaafar entered. Jaafar had hidden the hammer in his clothes. As planned, the two of you pretended that you were interested in a bed. As planned, when Peter Gillespie walked in front of Jaafar, Jaafar hit him to his head with the hammer. You saw that Peter Gillespie put his hands up to his head, but that he did not fall to the ground after the first hit. You did not look to see how seriously he was injured. You walked over to the cash register. It took you 2 or 3 minutes to open it. During that time, you heard Jaafar telling Peter Gillespie to stay down. You glanced over at Jaafar. You knew Jaafar was continuing to hit Peter Gillespie while you were at the cash register. You got a mere $140 from the till. You did not consider ringing an ambulance. You left the shop. You and Jaafar hailed a taxi. You were driven to where you could score heroin in Springvale. There, Jaafar got rid of the hammer. Shortly after you left Peter Gillespie, two women came into the store. They got help for him. If he had not received prompt help, he would almost certainly have died from the head injuries he received from being battered to the head time after time with the hammer.
I have read the victim impact statement of Peter Gillespie. I have seen him give evidence. I have heard the medical evidence. His life has been devastated. The financial losses are substantial. They are minor compared with the ongoing seriously adverse physical and mental health consequences. All because you and another drug addict wanted to score. This kind of conduct calls for strong denunciation. These are serious examples of serious crimes. They call for a significant prison sentence.
You knew that Jaafar had a police record. I accept that you did not know the details available to me. Those details reveal problems with the law extending back to 1983, when he was 27 years of age. He is now 46. He is more than 20 years older than you. He has had two substantial periods in prison.
That you joined in a plan to use a hammer on the head of another person is of particular concern. The use of a hammer has, and must be seen by any reasonable person to have, a high potential for serious injury and death. You indicated to the police that you did not envisage that Jaafar would continue to beat Peter Gillespie around the head with the hammer. But even to use it once to hit a man on the head is appalling. That said, I do accept that the continued use was not expected by you. That affects my assessment of the level of your moral responsibility for what eventuated.
You are nearly 25 years of age. You were born on 5 June 1977. You are the oldest of 5 children. There have been family problems. They are linked in part to both your parents having been 17 when you were born. You chose to leave home and live on the street and off your wits from the age of 13. You have seen yourself as the outcast of the family. You have the support of two aunts, and the limited support of your mother. You have 2 daughters, aged 4 and 2. They live with your parents.
Your education suffered from your leaving home at 13. You developed an addiction to illegal drugs and specifically to heroin as a teenager. You have chosen to live or associate with at least two men who were significantly older than you. Your relationship some years ago with Mr Bort appears to have been a particularly negative one. He was more than 10 years older than you. He encouraged you in the use of illegal drugs. He was violent towards you as well.
The prospects of your rehabilitation appear reasonably good. You have prior convictions, but they are not of major significance. I am told that you are sensibly looking to improve your education during the time you have spent, and will still have to spend, in prison. It appears that you have a good intellect. I am told that you have been undergoing appropriate courses and individual counselling in prison.
You have shown signs of remorse. You told the police of the guilt that you felt after you left the shop. You have pleaded guilty, albeit during the course of your trial for a more serious offence.
I have listened to the evidence of Mr Ian Joblin, the psychologist and of Ms Chris Brinkley, the Salvation Army support worker. I am told that you have suffered depression. You are receiving anti-depressant medication. Late last year, when you were on bail, you were apprehended in relation to a car theft. You have chosen after that not to seek bail. That choice was linked to a concern as to the high risk of self harm. You have at times demonstrated suicidal tendencies. It seems that those concerns are understandably linked to a feeling of guilt as to the harm done to Peter Gillespie.
You have suffered from epilepsy. Indeed, you still suffer. Despite medication, it is far from under control.
You have co-operated with the police. You have provided means of gaining access to further information which might be used in the prosecution of Jaafar. You have signed a statement prepared by the police. You have undertaken on oath before me to give evidence in accordance with that statement. I must and will allow for that in two ways. First, your co-operation means that you are directly facilitating the processes of the law. Secondly, I accept that your treatment in prison will or may be adversely affected by your being co-operative.
You have served to today, 4 June 2002, 166 days by way of pre-sentence detention. I direct that that be entered in the court records. On the count of intentionally causing serious injury, I impose a sentence of imprisonment of six years. On the count of armed robbery, I impose a sentence of imprisonment of two years, concurrent as to one year. The effective sentence is seven years. I fix a non-parole period of four years and six months.
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