R v Rootsey [2018] ACTSC 63

Crimes (Sentencing) Act 2005 (ACT) ss 6, 7 and 10

1. On 7 December 2017, the offender pleaded guilty to a single count of aggravated robbery in the ACT Magistrates Court. He was committed to the ACT Supreme Court for sentence.

2. The maximum penalty for the offence of aggravated robbery is 25 years' imprisonment and/or a fine of $375,000.

3. The offender was born in 1992. He has a particularly tragic personal history. His parents separated when he was an infant. He lived with his mother and a stepfather. In 1997, his mother died in a motor vehicle accident. The offender and two of his siblings were also in the vehicle. The offender initially remained in the care of his stepfather but was removed from the family home at the age of eight, due to physical abuse.

4. The offender was placed in many short-term foster care homes and made repeated attempts to return to his family home. This led to him being placed in a foster care group home in Newcastle when he was nine years old. He attempted suicide at the age of 13, apparently due to the separation from his family. He later moved back to Canberra where he initially lived with his stepfather. He was then taken, at the age of 15, to another foster placement. This was successful and he maintains a close relationship with the foster family, who are willing to have him return to their home.

5. The report from a community paediatrician, dated 30 June 2002, provides a comprehensive history of the offender's childhood years up to age nine. As mentioned above, it is a tale of significant tragedy.

6. The offender left school in Year 8 and began a hairdressing apprenticeship. He did not complete his apprenticeship but has enjoyed ongoing employment in the hospitality, construction and carpentry industries. He has also commenced a carpentry apprenticeship.

7. The offender has been a long time user of cannabis and amphetamines. He started using methylamphetamine when he was 18 years old. He has reported intermittent use of the drug, interspersed with periods of abstinence. He does not appear to have any problem with alcohol.

8. In 2011, the offender was stabbed seven times by an unidentified attacker. In addition to the physical injuries that he suffered, he developed a Post-Traumatic Stress Disorder. He has other emotional and mental health issues stemming from the death of his mother in 1997 and the subsequent instability of his home life. There was also a diagnosis of Attention Deficit Hyperactivity Disorder.

9. The offender is currently single but has a child from a previous relationship. His visitation rights were withdrawn when the mother of the child was told that the offender was using illicit drugs. He then embarked on a month-long drug binge which culminated in the commission of the offence for which he is to be sentenced.

10. Since being remanded in custody, the offender has managed to reinstate an amicable relationship with his ex-partner and child.

11. The offender has no relevant criminal record. This entitles him to a degree of leniency, as does his plea of guilty. The plea was entered at an early stage and, in my view, should result in a discount of 25%.

12. Aggravated robbery is an antisocial and violent offence that is to be condemned. The fact that the offence was committed for the purpose of purchasing drugs, and while the offender was under the influence of drugs, is no excuse.

13. The facts are set out in the Statement of Facts. In brief summary, the offender climbed in the drive through window at a McDonald's outlet in Conder. He was armed with a double bladed knife, which had a blade on each side of the handle and was curved. It is obviously, in its appearance, a terrifying weapon.

14. The offender demanded money from a McDonald's employee. He was given notes from the till and later from a safe. At some point during the robbery, the employee sustained a small cut to his arm. The offender decamped through a back door. Before leaving, he asked for a Coca-Cola, which was provided to him without payment. The offence also involved a co-offender and the use of a stolen vehicle.

15. The amount of money stolen was $1,912.90. An application has been made for the reparation of this amount which, in my discretion, I will allow in the sum of $1,000, taking into account that there is a co-offender.

16. The McDonald's outlet was staffed by young men. I have no doubt this was a very frightening experience for them. They might reflect on the unfairness of being robbed by a dishonest person seeking cash while they were lawfully working and receiving a modest income.

17. As I have already noted, the fact that the offender was under the influence of drugs at the time is no excuse where the offending conduct is intended to feed an addiction. Young people, especially those who are otherwise of good character, must appreciate that the use of drugs can lead them into serious criminal behaviour. The offender's good character has been entirely destroyed by his use of methamphetamines.

18. In sentencing the offender, it is important for me to take into account the purposes and objects of sentencing, as set out in ss 6 and 7 of the Crimes (Sentencing) Act 2005 (ACT). Section 10 provides that a term of imprisonment should only be imposed where no other penalty is appropriate.

19. Although an Intensive Corrections Order has been suggested, I do not think that it is appropriate in this case. This offence is objectively too serious.

20. The offender has been in custody since 2 October 2017. A term of imprisonment is inevitable.

21. If the offender stops using drugs, he has the potential for a bright future. He has a history of employment, a child who would benefit from the attention of a caring father, an ex-partner with whom he is now getting along well and, provided he behaves himself, who will allow him to play a role in the child's life. The offender's prospects of rehabilitation are, therefore, positive. This must form a significant part of the sentencing process in this particular case.

22. I note that, while in custody, the offender attended the Alcohol and Drug Awareness Harm Prevention Training ('ADAPT') program to address his drug issues. He has also completed an anger management course. He is currently involved in the Solaris Program and hopefully this involvement will continue.

23. I must, however, take into account the fact that this would have been a terrifying experience for the victims. The cut to the primary victim's arm may have been minor but the effect on his emotional and psychological wellbeing would have been major.

(a) In relation to the offence of aggravated robbery (CC17/10984), the offender is sentenced to 18 months' imprisonment commencing on 2 October 2017 and ending on 1 April 2019.

(b) The sentence is suspended on 1 July 2018 on condition that the offender enter into a Good Behaviour Order for a period of 15 months during which time he is to accept the supervision of the Director-General or its delegate, or such lesser period as the Director-General considers appropriate.

(c) I make a reparation order pursuant to s 20 of the Crimes (Sentencing) Act 2005 (ACT) in the amount of $1,000 payable to Stockfarm Pty Ltd (McDonald's Conder). The amount is to be paid within 24 months of today.

I certify that the preceding twenty-four [24] numbered paragraphs are a true copy of the Reasons for Judgment of his Honour Justice Elkaim.