STATE OF TASMANIA v T M W 5 NOVEMBER 2009
COMMENTS ON PASSING SENTENCE EVANS J
The defendant is convicted on his plea of guilty to a charge of aggravated armed robbery.
At about 5am on 12 April 2008, the defendant, then 15, in the company of two other males, travelled to the Beach newsagency in a stolen vehicle. They gained entry by kicking in the front sliding door. The defendant went to the cash register to search for money. Brenan Woolley, who had been working in the back of the store, entered the store and was confronted by the defendant and the other males. In the course of demanding money, one of the defendant's co-offenders produced a small pocket knife and said, "I will put this into you". As the offenders searched the store, Mr Woolley was able to escape. The offenders stole a bag containing $26 in coins and departed.
Forensic evidence found at the Beach newsagency linked the defendant to another robbery committed on the same day. The defendant participated in a recorded interview with police on 27 March 2009, and made admissions as to his involvement in the Beach newsagency robbery. He refused to name his co-offenders and no other persons have been charged in relation to the crime.
The defendant is now 16. He was informally cautioned for stealing on 15 December 2007, informally cautioned for injuring property on 26 February 2008, and reprimanded for stealing on 15 May 2008. He has pleaded guilty to a number of offences as to which he is to be dealt with in the Youth Justice Court on 8 December 2009. Of those offences, three were committed on the same day as the crime for which he is before this Court. One is an offence of aggravated robbery, the other two are offences of unlawfully setting fire to property. In each case the property was a motor vehicle. The other offences were all committed subsequent to that date.
On the night of the crime for which the defendant is to be sentenced, he was intoxicated. He blames bad company for his involvement in this crime. It is not possible to reliably assess the veracity of this claim as he has not named his co-offenders. Whether this is out of loyalty to them, or fear of them, I am unable to say. In any event, this impacts on the extent to which he can claim in aid remorse as a mitigating factor. It is also pertinent that, whilst he has pleaded guilty, the police were apparently in possession of DNA evidence linking him to the crime.
The defendant has complied with the stringent bail conditions that were imposed on him. It is clear from a reference provided to the Court that the defendant is intelligent and practical and he has good prospects if he mends his ways. However, for a crime as serious as his, the only appropriate penalty is a sentence of detention. In view of the defendant's youth and his lack of any prior convictions, I will wholly suspend the sentence.
The defendant is sentenced to nine months' detention, the whole of which sentence is suspended on condition that he is of good behaviour for a period of 18 months. During this period he is to be subject to the following special conditions:
(1) He must report to Brett Orchard at the Department of Health and Human Services, Upper Level, Woodhouse, St John's Park, New Town, within two working days.
(2) He must report to the assigned youth justice worker as required by the youth justice worker.
(3) He must receive visits from the assigned youth justice worker as required by the youth justice worker.
(4) He must notify the assigned youth justice worker of any change during the period of suspension of residence, employment or school, or other educational or training establishment, before or within 2 working days of the change.
(5) He must obey the reasonable and lawful instructions of the assigned youth justice worker.
(6) He must attend educational, personal, health and other programs as directed by the assigned youth justice worker.
The levy fixed by the Victims of Crime Compensation Act for the defendant's offence is to be paid by him to the Director, Monetary Penalties Enforcement Service within 28 days.