DPP v Durran [2025] VCC 323

Judgment (4 paragraphs)

[1]

Sentence: 18 month Community Correction Order- 150 hours of unpaid community work; assessment and treatment for rehabilitation for drug use; treatment and rehabilitation for mental health; 50 hours of treatment counted towards work hours; under supervision. 6AAA declaration; but for the plea of guilty, a sentence of 18 months imprisonment with a non-parole period of 12 months for the offence of armed robbery would have been imposed.

[2]

Mason George Durran, you have pleaded guilty to one charge of armed robbery. You also pleaded guilty to a related summary offence of possessing an imitation firearm. The facts of your offending are set out in Exhibit A, the prosecution opening, which I was informed by your counsel I could treat as an agreed statement of fact. I incorporate it into these reasons for sentence and sentence you on the basis of the facts set out therein.
Very very briefly stated, on 13 May 2024 you attended at a milk bar in Leopold and after some procrastination, demanded money from the lady who was working behind the counter, who as I understand it, is one of the proprietors of the business. When she told you, you could not have any money, you showed her a screwdriver that you had in your pocket, and she gave you $20 and you left.

Your personal history is set out in Exhibit 1, the submissions of your counsel. You were born in Geelong and raised down on the Bellarine Peninsula. Your mother and father separated when you were about 10 and you do not have, and have not maintained, a relationship with your mother.
Your father is remarried, and you enjoy a good relationship with your father, your stepmother and your brother, 12-year-old Coby.
You completed Year 10 at Bellarine High School. You found some work at Hungry Jack's before you commenced a plumbing apprenticeship.
At the time of your offending you were experiencing severe psychological disruption. You were suffering from long-term depression and anxiety, but you had a number of incidents which occurred that aggravated that condition.
The motor vehicle you had purchased was, as I understand it, damaged; some problem with it for some thousands of dollars and it left you with a debt that you could not deal with. Whilst the car was parked on the side of the road because of gear box problems, someone stole your tools out of the back of your car. There is a certain irony in that. You found the theft of your tools to be most disturbing for you, yet you managed to try and steal property belonging to other people, and it is perhaps of some concern for your prospects of rehabilitation that you even got involved in trying to steal some soft drinks, subsequent to this.
However, there are a number of factors that are important in your case. Firstly, your age. You were only 18 years of age at the time. Your offending was unsophisticated and immature. You obviously had some planning in selecting the premises and driving around, but you were armed only with screwdriver. Your behaviour was somewhat naïve and you accepted the $20 offered to you and left.
At 18 you are not yet fully mature and the law recognises that at that age your rehabilitation is the primary sentencing consideration.
Normally people who commit armed robberies go to gaol. It is a serious offence with a 25-year maximum penalty and many young people your age have been imprisoned for committing armed robberies, but those are usually more serious than the one you committed.
Your mental health issues still exist. You are medicated for depression and anxiety and custody would only aggravate those conditions. Custody for a young man of 18 is to be avoided, if possible, because you are likely to come out worse than you went in.
I take into account your cooperation, you cooperated with the police and made full admissions when you were interviewed. You were at the time suicidal and suffering from some personal issues that I have alluded to.
You have no prior convictions, so you fall to be sentenced as a young man with good prospects and your character is attested to by the character references tendered on your plea, including from an ex-police officer who described your conduct as out of character for you.
You enjoy the support of your father and stepmother, and it seems to me your prospects for rehabilitation are reasonable if not good.
Your counsel's submitted, and the prosecution conceded, that a community corrections order would be an appropriate disposition in your case, given the factors to which I have referred.
A community corrections order is not a soft option. It has an element of punishment about it. I propose to impose work hours so that you have something to punish you for what you did. I propose to get you treated for your drug and mental health issues, to try and promote your rehabilitation. And I propose to have you under supervision at the recommendation of Corrections, because they want to make sure that you stay on the straight and narrow.
You need to understand that if you breach a community corrections order you get brought back before me and you get resentenced on the offences for which I am sentencing you. If that happens you are a real risk of going to gaol, not only for what you did, if you breach the order, breaching the order by non-compliance brings you back. So you have got to do what they tell you to do, do your community work. If you reoffend, you will certainly find yourself on the wrong end of the law.
Now, I am reasonably confident that you have a very good chance of not ever seeing me again, and if you behave yourself and complete your order and continue with your work as a plumber or apprentice plumber at the moment, your prospects are reasonable.
But on the charge of armed robbery and on the related summary offence of possessing an imitation firearm, you will be released on a community-based order for the term of 18 months.
There will be special conditions of that community‑based order will involve you performing 150 hours of unpaid community work; undergoing assessment and treatment for rehabilitation for drug use; treatment and rehabilitation for mental health; and you will be under supervision.
Do you agree to such an order?
OFFENDER: Yes, Your Honour.
HIS HONOUR: All right. I will have you sign that order in a moment, but you will have to report to Geelong Community Corrections before Wednesday night at 4 o'clock. You have got to report there and do what they tell you to do, and they will tell you what is going to happen in the future.
The hours, I will allow for 50 hours of any treatment and rehabilitation courses you do, to count against the unpaid community work hours.
6AAA declaration[1]; I indicate that but for your plea of guilty, I would have imposed a term of imprisonment of 18 months with a non-parole period of 12 months for the offence of armed robbery.
Would you go down with my associate and have him sign the order please?
I have taken into account in sentencing you, I should add, the victim impact statement from Mrs Yang Hu, you can imagine that she feels some anxiety as a result of your conduct, and what you felt like when someone stole your tools.
Mr Durran, I have signed that order. You can leave the dock and I will adjourn now until tomorrow morning.

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