Supreme Court of Tasmania

Supreme Court of Tasmania - Sentences

STATE OF TASMANIA v BENJAMIN MICHAEL GODDARD    1 JULY 2009

COMMENTS ON PASSING SENTENCE    CRAWFORD CJ

Benjamin Michael Goddard pleaded guilty to an armed robbery committed on 13 March this year. He disguised himself, puts gloves on his hands, armed himself with a meat cleaver, and at about 4.20am entered Davies Grand Central, a 24 hour convenience store, and threatened to kill a female attendant with the meat cleaver. She ran off and he then helped himself to the cash register drawer that contained $366.70 in cash, and he ran off. Effectively, the only mitigating factor is his plea of guilty. Statements have been made by his counsel that he wants to reform and get away from his drug problems, and improve his education, but the Court can only look at his record to understand that statements like that can be given no weight in the sentencing process.

His record includes five counts of robbery in company. I understand that one of those was committed when he was 15 and four when he was 16. His record includes assaulting an officer in the execution of his duty, resisting such an officer, and also assault occasioning actual bodily harm, and it includes many offences of dishonesty. He could only have been out of New South Wales custody for a short time when he came to Tasmania two days before this crime.

Understandably the crime had a psychological effect on the members of staff at the shop.

A compensation order is made in favour of Davies Grand Central Pty Ltd for $1,414.70. It is also ordered that he pay a victims of crime compensation levy of $50 forthwith.

In view of his record, the only appropriate sentence for a crime as serious as this one is substantial imprisonment. A conviction is recorded.

Benjamin Michael Goddard, you are sentenced to imprisonment for three years from 13 March 2009. Having regard to your age, an order is made allowing you minimum qualification for parole. That order is that you will not be eligible for parole until you have served 18 months of the imprisonment.