R v Sonneman and Selby
[2014] VCC 1015
•27 June 2014
| IN THE COUNTY COURT OF VICTORIA | Revised (Not) Restricted Suitable for Publication |
AT MELBOURNE
CRIMINAL DIVISION
CR 14-01947
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| TROY SONNEMAN |
NIKATA SELBY
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JUDGE: | HIS HONOUR JUDGE PUNSHON | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 19 March, 16 April and 29 March | |
DATE OF SENTENCE: | 27 June 2014 | |
CASE MAY BE CITED AS: | R v Sonneman and Selby | |
MEDIUM NEUTRAL CITATION: | [2014] VCC | |
REASONS FOR SENTENCE
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Subject: Aggravated burglary and recklessly causing injury
Catchwords:
Legislation Cited:
Cases Cited:
Sentence: Aggregate sentence of 15 months imprisonment with non-parole period of 5 months.
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Mr T. Lynch | OPP |
| For the Accused | Mr M. White | Tony McCaughey |
HIS HONOUR:
1 These reasons are to be read together with my reasons of 29 April 2014.
2 On that date I adjourned these proceedings to obtain a psychiatric report on your condition, Mr Sonneman. I did that after I sentenced your co-offender, Ms Selby, to be convicted and released on a Community Correction Order.
3 I have now received a report prepared by Dr Adam Deacon, Consultant Psychiatrist, Victorian Institute of Forensic Mental Health.
4 Dr Deacon thought your mental state during his assessment was largely unremarkable. He noted that you denied current suicidal ideation and expressed considerable hope for the future. You accepted that you needed to make changes to avoid aggressive acts in the future. You recognised that when intoxicated you had a propensity to become aggressive.
5 As you are aware, I released Ms Selby on a Community Correction Order for two years.
6 When sentencing Ms Selby I identified the principal reasons why I took the very lenient course I did with her.
7 I noted that there were distinguishing factors concerning your case and addressed your counsel's submission that, if I imposed a greater sentence on you than on her, you would have a justifiable grievance, as well as his submission that I should pay regard to the fact that if you were imprisoned you would be the only one of the five who attended the victims' premises who suffered this penalty.
8 On 29 April I thought imprisonment must be imposed in your case. I still have that view.
9 Whilst recognising the differences between your case and Ms Selby's, I think some regard should be paid to the lenient sentence imposed on Ms Selby
10 I am conscious of the fact that you will be the only person of those who attended the premises who will be sent to prison immediately. Ms Selby of course remains at risk if she breaches her Community Correction Order.
11 I am conscious that I am sending you to prison for the first time at the age of 30.
12 As noted in discussion, I consider the fact of imprisonment on you to be a powerful deterrent. I intend to be as parsimonious as permissible in the circumstances.
13 There is much in your favour, including your determination to put this behind you and continue your rehabilitation. Of course, you have been at risk of imprisonment for the entire period since you were first charged.
14 I accept Dr Deacon’s opinion that you may experience a decline in mental health in prison and would be considered a vulnerable person in prison. The extent of any decline is difficult to predict.
15 I intend to moderate the sentence for these reasons. They also, in combination with the high desirability of fostering your rehabilitation in the community, justify a significant disparity between the sentence and non‑parole period.
16 You will be convicted on both charges and sentenced to an aggregate term of 15 months' imprisonment. I fix five months as the period you must serve before being released on parole. I expect, because you will be imprisoned in this state, your family may not be able to visit you as regularly as they might have.
17 The prison authorities are to be informed that you have previously had suicidal ideas and have suffered depression. I will provide them with a copy of the letter from Murrumbidgee Local Health Service and the report of Dr Deacon, who recommends prompt referral to mental health services in prison to conduct a mental health assessment, including risk to self.
18 Had you not pleaded guilty, I expect I would have sentenced you to at least two years' imprisonment with a non-parole period of about 15 months.
19 Is there anything that I have overlooked that counsel can identify?
20 MR LYNCH: No, thank you, Your Honour. You've already made the - - -
21 HIS HONOUR: I think I've signed all the orders, haven't I?
22 MR LYNCH: - - - other orders. Yes. Yes, you have. Thank you, Your Honour.
23 HIS HONOUR: What were you going to say, Mr Lynch?
24 MR LYNCH: I'm sorry?
25 HIS HONOUR: I cut you off; what were you going to say?
26 MR LYNCH: That which you were going to say.
27 HIS HONOUR: Very well. I'll leave the Bench. Thank you.
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