IN THE COUNTY COURT OF VICTORIA
Revised
Not Restricted
Suitable for Publication
AT GEELONG
CRIMINAL JURISDICTION
DIRECTOR OF PUBLIC PROSECUTIONS
v
DYLAN GEORGE LITTLE
---
JUDGE:
HIS HONOUR JUDGE MULLALY
WHERE HELD:
Geelong
DATE OF HEARING:
31 October 2014
DATE OF SENTENCE:
31 October 2014
CASE MAY BE CITED AS:
DPP v Little
MEDIUM NEUTRAL CITATION: [2014] VCC
REASONS FOR SENTENCE
--Subject:
Catchwords:
Legislation Cited:
Cases Cited:
Sentence:
--APPEARANCES:
Counsel
Solicitors
For the Director of Public
Prosecutions
Mr R. Gibson with Ms P.
Long
Office of Public Prosecutions
For the Offender
Ms P. Chaya
Victoria Legal Aid
VICTORIAN GOVERNMENT REPORTING SERVICE
7/436 Lonsdale Street, Melbourne - Telephone 9603 9134
166977
HIS HONOUR:
1
Dylan Little, just after 1 am on New Year's Day 2013, you robbed a 7-Eleven
Store at North Geelong, and threatened a shop assistant with a large and
frightening knife, and you got $200.
2
Two days later on 3 January 2013 at 3.15 am, you committed another armed
robbery, this time on the Belmont 7-Eleven Store. You had a knife, or the knife,
and this time a wig and cap. You thrust the knife towards the console operator
saying, "Open the drawer, open the drawer". You obtained $250. You dropped
your cap as you left.
3
Two months later you again struck. This time it was a 7-Eleven Store on the
intersection of Swanston and Ryrie Street. It was much earlier in the evening
than the other matters, this time around 7.30. You, again, used the knife, or
pointed the knife at the shop assistant saying, "Give me the money, all the
money." You obtained around $200.
4
You were arrested on 4 November 2013. This followed a court hearing on 6
September 2013 in the Magistrates' Court, where, in addition to the sentence
imposed, the magistrate ordered you provide a forensic sample. The sample
was obtained and DNA extracted which matched the DNA on the cap you left
at the Belmont 7-Eleven on 3 January.
5
What can easily be seen is the advantage gained by orders requiring offenders
to provide a forensic sample. DNA is a powerful tool in detection and increased
certainty of detection is at the heart of deterrence, and thus the protection of
the community.
In addition, your distinctive tattoo was seen on the CCTV
footage at the stores.
6
Once arrested, you admitted your crimes as depicted on the CCTV footage and
expressed what I accept was genuine remorse.
7
.PJ:JB
These crimes, are on any analysis, plainly serious. The victims indicated that
1
SENTENCE
DPP v LIttle
they were in fear. One expressly said that he feared being stabbed, and
another feared for his life.
8
People who work late at night in convenience stores and thus necessarily with
cash, must have a sense that if armed offenders terrorise them, then the courts
will, in denouncing the criminal conduct and deterring others from embarking
on a similar course in the future; the courts will do this by imposing stern terms
of imprisonment.
9
Those words, or some like them, I have used before, and they were approved
and re-stated by the Court of Appeal. Indeed, the words that I used, which were
approved by the Court of Appeal, were used by me in sentencing another
offender who had committed an armed robbery on the same 7-Eleven Store at
the corner of Swanston Street and Ryrie Street, some years ago.
10
Your counsel conceded the seriousness of your crimes, accepting that there
was a degree of planning involved, in getting the large knife, the wearing of the
wig and cap in the second armed robbery, and some scoping of the store in that
armed robbery as well.
11
You co-operated with the police on your arrest and that is to your credit. You
explained to the police and, likewise, to your psychologist who examined you
twice in recent times, that, at the time of these offences you were desperate for
money because you had a drug habit that left you and your family in dire straits.
12
Notwithstanding that the amounts you got were relatively small, you repeated
your crimes twice and for another time a few months later.
13
I will deal with your drug addiction and personal circumstances shortly.
14
It seems that after this spate of armed robberies on the 7-Eleven Stores, you
committed burglaries on shops in March, July and August. You were dealt with
by the Magistrates' Court, as I have said, on 6 September and given a three
months' term of imprisonment and a community-corrections order.
.PJ:JB
2
SENTENCE
DPP v LIttle
15
The day you were released in November 2013, you were arrested again for
these matters and remanded. Two weeks or so later you were granted bail.
16
Although it was said that you were chastened by your time in prison, that is,
your first term of imprisonment, on you release your CCO did not go well. Also
when these matters were called on for plea on 20 June 2014, you failed to
appear.
17
You were arrested again in late August 2014 and have remained in custody
since.
18
It was said that your fail to appear was because you just could not face the
prospect of separation from your long-term partner and your two children.
19
Your poor performance on the community-corrections order was also likely due
to your realisation once the armed robberies were revealed, you would
inevitably going to gaol for some time.
20
All this was put forward as part of the submission that your prospects of
rehabilitation are not forlorn, but, on the contrary, are good, especially given
your return to prison has again had the effect of waking you up to the need to
act lawfully so as that you are there for your children and your ever supporting
partner. You said that you steered away from drugs as well during the time that
you were at liberty after your release from the prison sentence imposed by the
magistrate.
21
I consider you do have prospects of permanent reform but, that, Mr Little is, in
the end, entirely up to you. You must do all you can to put drugs behind you.
22
Your partner seems to have done that of late. To your credit, you are doing all
you can in prison to improve yourself. It is hoped that you persevere over the
whole time of your incarceration and while on parole and permanently
thereafter.
.PJ:JB
3
SENTENCE
DPP v LIttle
23
In short, Mr Little, you should not let your partner down ever again.
24
But I cannot over-emphasise your rehabilitation.
Primary sentencing
considerations are general deterrence and deterrence to you as well, and also
denunciation which all goes to the ultimate purpose of sentencing which is
protection of the community.
25
Those sentencing considerations are to be given appropriate weight, but I must
attribute weight to them in the process of synthesising all aspects of what you
did, and why, as well as who you are and what your future holds.
26
I have not said much of who you are in terms of your past history to this point.
The report of Mr McMullen on your upbringing is heart-wrenching reading. You
were born to a young mother and a father who had no interest in you or her
thereafter. Your mother was unable or unwilling to care for you. You were, in
effect, abandoned.
27
However, your grandmother came to your aid and your first seven years with
her were as good as they could be in all the circumstances.
28
You went back to your mother at age seven and things went seriously downhill.
After the initial period, her interest in you waned as she became more involved
in drugs. Her long-term partner was a drug taker, it seems involved in outlaw
motorcycle gangs and a serious, violent and cruel man.
29
The time you had at home until you escaped at age 14 was not conducive to
any education or, more importantly, to instilling any moral compass. You were
surrounded by drugs and it seems at an early age, in your early teens, were
encouraged to use drugs by your mother.
30
You were unruly yourself and victimised in a chaotic household. I will not
catalogue all the violence that you were the victim of.
31
.PJ:JB
You left home and became homeless at the age of 14, stealing to survive. You
4
SENTENCE
DPP v LIttle
had left school by then. You had relationships in your teens and some periods
of work, and abstinence from drugs, but none of those things were
longstanding.
32
You have prior criminal matters that have been dealt with in the Magistrates'
Court, but many of them when you were young and I was told involved fighting
with your stepfather.
33
They are not ignored, but, in the circumstances, it is more surprising that your
criminal history is so slight.
34
At 17 you met your current partner and have remained with her ever since. You
have two children. She suffered serious complications with the birth, I think, of
the second child, and things were hard after that experience, and drugs became
a significant problem, mainly for you, but also in the household.
35
You took to using cocaine and money and common sense were thereafter in
short supply. You wanted to provide for your family, but the grip of drugs saw
you failing in that regard. Your offending occurred in that downward spiralling
set of circumstances.
36
The psychologist you saw said you have post-traumatic stress disorder and
depression. Of note, is that in prison things have improved, contrary to what is
often predicted will happen in gaol.
37
Whatever the diagnostic label, it is plain to me that your upbringing has left
scars and you have real battles because of that, both then, and I sense, into
the future.
38
As the High Court said most recently in the matter of Bugmy, that is the most
recent case of that name; what the High Court said was that "Exposure to
violence and drug taking and deprivation in childhood leaves enduring problems
that can, and most often should, be seen as a basis for mitigation when, as an
adult, and usually as a long-term drug addict, an offender commits serious
.PJ:JB
5
SENTENCE
DPP v LIttle
crimes."
39
It provides no basis for excusing what you did, but it allows the court to be more
merciful. Although it might not be plain to you, Mr Little, when I impose the
sentence, the sentence that I impose I consider to be a merciful one, in
particular the period of time that you must serve before you are eligible for
parole.
40
There are other mitigatory matters. Your plea of guilty was early and your cooperation comprehensive. The sentence will be less as a consequence of that.
Again, this is evidence of genuine remorse.
41
You are still relatively young and have life ahead of you.
You have the
significant support of your partner, although she will have her struggles, as you
serve your time in prison.
42
I intend to allow for a long period of parole so as you are supported and
supervised in the community when the parole authorities decide to release you.
43
There must be a measure of cumulation for the different offences, but I have
ensured that the total sentence I am about to impose, meets the totality of your
offending, no more and no less.
44
Will you please stand, Mr Little.
45
For committing the crime of armed robbery, Charge 1, you are sentenced to
three years' imprisonment.
46
For committing the crime of Charge 2, armed robbery, you are sentenced to
three years' imprisonment.
47
For committing the crime of armed robbery, Charge 3, you are sentenced to
three years' and six months' imprisonment.
48
.PJ:JB
I order that nine months of charge 1 and 2 be served cumulatively upon Charge
6
SENTENCE
DPP v LIttle
3, giving a total sentence of five years' and I fix a minimum non-parole period
of two years' and six months'.
49
You have already served some time in custody that can be attributed or
reckoned as part of the sentence. I was told that was 82 days. I will ensure
this declaration that you have already served 82 days is entered into the records
of the court so that prison authorities are left in no doubt that you have served
82 days.
50
Had you pleaded not guilty to these offences and been found guilty of them, I
would have imposed a sentence of six years' and six months' with four years'
and six months' as the minimum term.
51
There are orders that I have been asked to make by the prosecution relating to
compensation to the owners of the 7-Eleven Stores and I will sign those orders.
I have also been asked to sign an order so that disposal can occur of some of
the items related to these crimes and I intend to make that order.
52
Is there anything further? Is the arithmetic right?
53
MS CHAYA: Yes, Your Honour.
54
HIS HONOUR: Thank you, you can be seated, Mr Little.
55
Those orders have been signed; if there is nothing further, I thank counsel for
their significant assistance in this matter and Mr Little can be removed and
commence his sentence.
56
(Offender removed.)
57
.PJ:JB
7
---
SENTENCE
DPP v LIttle