STATE OF TASMANIA v L A G 28 OCTOBER 2009
COMMENTS ON PASSING SENTENCE PORTER J
You have pleaded guilty to one count of armed robbery. At about 5pm on 1 October 2009, you robbed a 14 year old youth of his mobile phone at knifepoint. He was walking home when you approached him and asked him if he wanted to buy or trade for a knife which you produced from a pocket. At that time the complainant's mobile phone went off and he checked it for a text message. You moved closer to him, held the open knife to his stomach, and said "give me your money or I will kill you". You said that you were serious and the complainant handed over his phone at which point you took it and walked away, but returned after a few steps to threaten him that if he told anyone about what had happened, you knew where he lived, you would find him and kill him. The complainant was very scared at the time and thought he was actually going to be killed and he still suffers emotionally as a result of your conduct.
You are now 17, turning 18 in January next year. I have two Youth Justice reports prepared in late September and mid-October 2009 for appearances in the Youth Justice Court. You have been dealt with for two counts of aggravated burglary and offences of dishonesty and unlawfully setting fire to property. You are presently the subject of a community service order and a probation order for six months. It is significant that you committed this crime within about 3 days of those orders being made. You are due to again face the Youth Justice Court later this morning in respect of offences of dishonesty, most of which were committed before the offence with which I am dealing. You were taken into custody on the more recent of those matters on 8 October 2009.
You were raised on the North West coast but after being expelled from school for selling cannabis which you had found, you went to live with relatives in Launceston. Although you completed year 10 there, that seems to have been the start of your offending. You commenced year 11 but were asked to leave because of poor attendance. You began keeping company with known offenders and regularly using high levels of cannabis. Most of your offending seems to have been influenced by these factors and you seem to be able to keep out of trouble when back in the Burnie/Devonport area where the members of your immediate family live. Initially you were reported as lacking the ability to appreciate the seriousness of your offending and lacking insight into the effects of your behaviour. You did not seek to blame anyone else, saying you chose to smoke cannabis and chose to offend. You were assessed as a high re-offending risk. All of that suggests that personal deterrence is a very important factor in your case, that is, measures are needed to stop you doing these sorts of things again, although regard must be had to later information which contrasts with the earlier material.
More recently it is reported that your time in detention has significantly changed your attitude and that you now have clear goals for the future which involve completion of the automotive course which you started in year 11. In the interim there is employment available to you with your sister's partner with whom it is intended you live when you are released. Apparently your sister is able to exercise some influence over you. The later report notes that you clearly have a great desire to change your life, to improve your chances of employment and become a useful member of the community. As to this offence, I am told that it was a genuine attempt to sell or barter the knife and that your actions were impulsive. Although you did not intend to actually commit any violence, you accept that the complainant was properly fearful for his safety. You must understand your actions from his point of view. You pleaded guilty at a very early stage and have expressed remorse. Only you truly know whether you are prepared to change your ways. I am prepared to take your recent change of heart at face value and to give you an opportunity to take charge of your own rehabilitation which you appear motivated to do. However, having regard to the seriousness of your conduct and your previous offending history, I do not consider it appropriate not to record a conviction, and the sentence must also reflect the seriousness of robbing a young person of personal possessions by the use of physical contact with a knife, accompanied by a threat to kill. In the circumstances, I think a relatively lengthy period of detention is warranted. Having regard to your age and your history, it is appropriate that you immediately serve a short period of that term to reinforce the seriousness of your conduct to you, with the balance suspended as an incentive to your rehabilitation.
You are convicted of the crime and sentenced to 9 months' detention to commence on 8 October 2009, the execution of 7 months of which will be suspended on condition that you be of good behaviour for a period of 2 years. I will increase the period to which you are subject to a probation order and make such an order for a period of 12 months to commence on the date of your release. It is a condition of that order that you report to a Youth Justice worker at 46 Mount Street, Burnie within two working days after your release. There will also be conditions that you attend educational, personal, health and other programs as directed, that you abstain from using illegal drugs, and that you undergo medical, psychiatric, psychological and drug counselling and treatment as directed by the assigned Youth Justice worker. Lastly, you will have to pay the victims of crime compensation levy of $50 within 28 days of your release.