STATE OF TASMANIA v JAKE MICHAEL ROWE-BROWN 23 SEPTEMBER 2019
COMMENTS ON PASSING SENTENCE BRETT J
Mr Rowe-Brown, you have pleaded guilty on indictment to one count of armed robbery and one count of possession of a stolen firearm. You also pleaded guilty to summary offences which I have agreed to hear and determine pursuant to s 385A of the Criminal Code. They are one count of destroy property, one count of unlawful possession of a dangerous article in a public place and two firearms charges relating to your possession of the stolen firearm without a licence.
The first in time are the offences relating to the stolen firearm. The firearm in question is a .22 calibre bolt action repeating sawn off rifle. You purchased the rifle because you were concerned about your safety. Your concerns about safety relate to threats made against you by persons with whom you had some criminal association in 2017. You had agreed to co-operate with the police and to give evidence against these men in respect of serious crimes. You did, in fact, give evidence recently in a trial of charges brought against one of the men. In August 2018, you foolishly purchased the weapon, which you believed to have been stolen, and you did so as a defensive measure. However, you know nothing about firearms and you did not know what to do with this firearm. You eventually hid the firearm near a barbecue in a retirement village, where it was located initially by an employee of the village and then police. The firearm had, in fact, been stolen during a burglary in 2004.
You committed the armed robbery on 23 December 2018. I infer that you must have been on bail for the firearm charges at the time. You had entered the complainant’s store armed with a knife and an emergency glass hammer. These items were secreted on your person. You attempted to steal an armful of clothing by exiting the store through an external door. However, that door was locked and your noisy attempt to force it open attracted the attention of staff. You initially told staff that you would purchase the clothing, but when you were being served, you ran from the store with it. The owner and manager of the store ran after you. The knife fell from your pocket as you were running, and this item is the subject of the charge of possessing a dangerous article in a public place. When one of the men caught up with and took hold of you, you punched him to the head with a closed fist approximately 20 to 30 times. When the other man arrived, you attempted to punch him and then took the hammer from your pocket and attempted to hit him with it. These attempts were unsuccessful and he was able to overpower you. You were then restrained by him and some bystanders.
These are serious crimes. The man that you assaulted during the course of the robbery was the owner of the business. He suffered physical injury which was largely temporary, although I note that his impact statement claims that he still has some problems with his ankle. More importantly, he has continued to have adverse psychological effects, and his experience has contributed to his decision to sell the business. There was potential for far greater harm. Possession of stolen firearms a serious matter because it creates a market for such items. The serious nature of this crime has been recognised by statutory amendments which has made possession of stolen firearms a crime punishable upon indictment.
You are 21 years of age. You have a relatively modest criminal history, which includes some minor drug and dishonesty offences, as well as a previous example of possession of a dangerous article in a public place. Your background is dealt with comprehensively in a pre-sentence report. You had a good upbringing and have had and still have strong support from your parents. You seem to have had some problems at school and fell in with the wrong people. You have also had a significant problem with the misuse of alcohol and illicit drugs. Your drug use started with cannabis but you have progressed to methylamphetamine, which is notorious for its highly addictive quality. Your parents have tried to support you through your problems over recent years but, at the time of this offending, you were living out of the home, and you were effectively homeless. Your parents had evicted you in an effort to bring home to you the seriousness of your behaviour. In recent times, you have re-engaged with, and are again residing with them. This seems to have produced a positive change in your attitude and you have expressed, both in the pre-sentence report and through your counsel, your remorse in respect of your offending and your commitment to rehabilitation. It would seem that your parents are committed to assisting you with rehabilitation.
A strong factor in your favour is your co-operation with the police and prosecuting authorities with respect to the crimes committed by your associates in 2017. I have read the comments on passing sentence relevant to both men and agree that these crimes were serious matters. The prosecuting counsel in those cases has confirmed that your evidence was crucial to the successful prosecution of the men. I think that you deserve significant credit for this. You co-operated with the police and prosecuting authorities, and eventually gave evidence against one man in court, without any expectation that you would receive any benefit from that co-operation in terms of a sentence for these offences. Further, you and your family continue to live in fear of repercussions.
The seriousness of the crimes that you committed and the associated offences warrants a sentence which emphasises general deterrence. They clearly warrant a sentence of imprisonment. However, when I have regard to the mitigating features of the crimes, your age, your co-operation with authorities and in the prosecution of your former associates, and your move towards and potential for rehabilitation, I am persuaded that it is appropriate to make a home detention order. Such an order will have punitive effect but will also provide the best chance, in my view, of achieving rehabilitation. This will be particularly so, because you will be living in home detention with your parents and your relationship with them is one of the main drivers of your rehabilitation. I intend also to combine this sentencing option with a community corrections order, which is a course permitted by s 8 of the Sentencing Act.
Accordingly, the orders I make are as follows:
1 You are convicted of the crimes and the offences to which you have pleaded guilty.
2 I make a home detention order, which will have an operational period of 18 months, commencing today. The home detention premises will be at [address]. I note that the core conditions of the order contained in s 42AD(1) will have effect during the operational period of the order. For the purposes of the condition contained in s 42AD(1)(c), I specify that the offender must, during the operational period, be at the home detention premises at all times on each day of the week unless he is not there for a relevant reason, as specified in s 42AD(4). The order will also include the following special conditions:
(a) That you must report to a probation officer at Community Corrections in Launceston immediately after your release from Court today.
(b) That you must maintain in operating condition an active mobile telephone service, provide the details to your probation officer and be accessible for phone contact at all times.
3 I also make a community corrections order. You must comply with the order for a period of 18 months, and that period shall commence today. The core conditions of the order require you to report to a probation officer, and you shall do so at the office of Community Corrections in Launceston immediately after your release from Court today In addition to the core conditions, you order shall also include the following special conditions:
(a) you must, during the operational period of the order, attend educational and other programs as directed by the Court or a probation officer;
(b) you must, during the operational period of the order, submit to the supervision of a probation officer as required by the probation officer;
(c) you must, during the operational period of the order, undergo assessment and treatment for drug dependency as directed by a probation officer;
(d) you must, during the operational period of the order, submit to testing for drug use as directed by a probation officer;
(e) you must, during the operational period of the order, submit to medical, psychological or psychiatric assessment or treatment as directed by a probation officer;
(d) you must attend, participate in and complete the EQUIPS Addiction Program as directed by a probation officer.
4 Finally, I make a compensation order in favour of Health and Leisure in an amount to be assessed and I adjourn assessment sine die.