STATE OF TASMANIA v CKAL 10 DECEMBER 2024
COMMENTS ON PASSING SENTENCE WOOD J
CKAL has pleaded guilty to one count of attempted aggravated armed robbery and one count of aggravated armed robbery.
Ms L, you did not commit these crimes yourself, but you are guilty of them because you aided others and provided them with assistance in committing these crimes. Your co-offenders were three brothers, CS, aged 18; SS, aged 16; TS, aged 15; and their cousin, KS, aged 16.
On the 12 November 2023, you drove the four male youths into the city in Hobart in your Holden Cruz. Your role in the commission of the crimes was to be the driver. You knew the others planned to commit an armed robbery of the American Convenience Store at 120 Liverpool Street.
At approximately 11:20 pm, you dropped them off in Collins Street near the Hobart Bus Mall and remained in the car while they went to the store.
You did not see what happened because you were waiting in your car. The four youths entered the store as a group. KS was the first inside and immediately threatened the store attendant, Mr Moshin Raza, who was standing behind the cash register, with a glass bottle, and demanded cash and cigarettes.
SS and TS kicked the counter and threw items of stock around, and at Mr Raza, causing some damage to the stock. SS, KS, and TS demanded that he give them cash and cigarettes. CS remained at the door of the store to ensure the door did not lock the group inside.
Mr Raza yelled at all of them to leave the store and refused to hand over cash and cigarettes. The group left the store without taking any items. On the way, KS threw the glass bottle at Mr Raza, striking him to the side of his face. The group returned to your vehicle, and you drove away.
Approximately 20 minutes later, at around 11:40 pm, you dropped the group of four off near the American Convenience Store. This time, they were each armed with a weapon. CS had a ball pein hammer, KS had a large kitchen knife, TS a silver-coloured spanner, and SS had a metal rod. Their intention was that the weapons would be used to intimidate but not to harm anyone.
The group entered the store and approached Mr Raza, who was stationed behind the cash register and counter as before. Again, you did not see what happened inside the store.
KS moved behind the counter and threatened Mr Raza with the knife, at one point thrusting the knife towards him, and demanding that Mr Raza give him cash and cigarettes. SS was in front of the counter and hit Mr Raza twice with the metal rod to the upper body/arm area. The youths shouted threats at Mr Raza, threatening to kill him and hurt him.
Mr Raza removed approximately $600 in cash and 15-20 packets of cigarettes and handed them over. CS and TS took cigarette lighters from the countertop.
The group then began to leave. As they were leaving, CS smashed part of the cash register with the hammer he was holding, destroying it.
They all ran to your car parked in Collins Street, got in the car, and you drove away. KS was dropped at his home in Glenorchy. The police intercepted your car in the early hours of the morning when you were driving with CS, TS, and SS in the car. Police found the ball pein hammer, the spanner, and a packet of cigarettes in your car.
Both incidents were captured on CCTV footage. I have watched the footage and Mr Raza was subjected to what was an intimidating and aggressive group of males in his workplace which, without any doubt, would have been a terrifying experience.
In relation to both crimes, you provided the group with assistance on each occasion by driving them to the vicinity and waiting for them and driving them away. You did that with the knowledge that they were going to rob the store and planned to steal using weapons, although you did not know the detail of how that would be done. On the second occasion when you drove them back to the store, you knew they had tried to rob the store on the first occasion.
It is clear that you were a reluctant participant and did not want to help the group by being the driver, but you were repeatedly told to drive them and you felt very pressured to assist them. You felt frightened and, in your words, “too scared to say no”. You received no benefit or any of the stolen property.
The circumstances were that you were in a relationship with TS. You felt scared, and particularly pressured by KS, and he had said when you expressed reluctance, “Stop being a bitch and just do it”. After they returned to the car, you did not want to return and drive them back to the store, but you were subject to verbal abuse by one of them and told you had to.
You were interviewed by police and made admissions.
Your co-offenders have been sentenced. KS was 16 at the time and he was sentenced under the Youth Justice Act to eight months’ detention wholly suspended for 12 months with convictions recorded. He had relevant prior offences and a conviction for attempted robbery and armed robbery. CS was 18 years of age, and he was sentenced as an adult to eight months’ imprisonment wholly suspended on conditions for a period of two years with convictions recorded. SS was 15 at the time and was sentenced under the Youth Justice Act to an order of suspended detention of six months and 56 hours of community service with no conviction. TS was 16 at the time and received the same sentence as SS. The sentences imposed on the youths need to be taken into account by me, but I also need to take into account that the roles they had in the commission of the crimes were very different to your role. You are not like offenders and so a like sentence is not warranted.
You were 18 years of age at the time of offending and have no prior convictions.
You are a vulnerable young person as a result of an intellectual disability which impacts your cognitive function, processing abilities, and communication skills. You were additionally vulnerable because when you were 16, you were in a relationship with an adolescent, not TS, who subjected you to violence and abuse. Further, you were fearful of members of TS’s family, and I have already mentioned one of the family member’s abusive and aggressive behaviour towards you.
Your moral responsibility is substantially reduced because of your fear and the pressure from the youths. I have a report from Dr Judith Wright dated 24 August 2024 which explains that you felt frightened and that you had “no choice” but to do what you were asked to do. In Dr Wright’s opinion, you were highly vulnerable to the commission of these offences because of your mild intellectual disability and its impact on your decision making in the face of fear of anti-social associates. You had very limited capability to navigate the extreme social pressures you were subject to in a way that a person of average intellectual functioning would.
Your involvement in this crime is completely at odds with your character, your law-abiding ways, and caring attitude to others. You are now 19 years of age, and you live with your grandmother as her carer. You have a close supportive family. Just before your involvement in these crimes, you obtained your certificate in aged care and your career goal was to find work in that field. You are a hardworking young person who obtained employment at 14 years of age, and you worked while completing your qualifications. You have undertaken volunteer work for approximately a year and obtained a position in the kitchen. You informed your manager of the charges because you are an honest person, and your employment was terminated, and this outcome has been distressing for you.
I take into account that you pleaded guilty at an early stage. You are very remorseful, the court proceedings have caused you significant distress, and I have observed your upset.
I am satisfied that your involvement was completely out of character and, noting your diminished responsibility, I am satisfied that an individualised sentence is appropriate and your rehabilitation should be the main objective of the sentence to be imposed. I note you have already suffered significant punishment because of the impact of the court proceedings and the loss of your job which you highly valued.
I take into account that if a conviction is recorded for these crimes, it would damage your prospects of finding work in your chosen field which, in turn, would be devastating for you.
I am more than satisfied that an exceptional course is appropriate, and convictions are not required. I impose a single sentence, without recording convictions. I make a Community Correction Order for 12 months. You must not commit an offence punishable by imprisonment for that period. I impose the core statutory conditions, including that you must report to a probation officer at the office of Community Corrections at 75 Liverpool Street no later than tomorrow at 4:00 pm, and thereafter as required. You are to be subject to the supervision of a probation officer for that same period. This will enable you to receive some assistance to engage with a domestic violence intervention service and intervention to assist with communication and managing challenging situations. As a further condition of the community correction order, you must satisfactorily perform 63 hours of community service within the period of 12 months.