IN THE COUNTY COURT OF VICTORIA
AT Latrobe Valley

CRIMINAL DIVISION	 Revised
Not Restricted
 Suitable for Publication	
Case No. CR-22-00081

DIRECTOR OF PUBLIC PROSECUTIONS		
		
v		
		
BENJAMIN MARGRIE		

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JUDGE:	HER HONOUR JUDGE GWYNN	
WHERE HELD:	Latrobe Valley	
DATE OF HEARING:	23 April 2022	
DATE OF SENTENCE:	20 May 2022	
CASE MAY BE CITED AS:	DPP v Margrie	
MEDIUM NEUTRAL CITATION:	[2022] VCC 710		

REASONS FOR SENTENCE
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Subject:			Criminal law
Catchwords: 		Shorten barrel of a longarm, cultivate narcotic plant; make threat to kill; common law assault; armed robbery; unlicensed person fail to store firearm in a secure manner; handle stolen goods; possess a drug of dependence 
Legislation Cited:		Crimes Act 1958; Drugs, Poisons and Controlled Substances Act 1981; Control of Weapons Act 1990; Sentencing Act 1991
Cases Cited:		Worboyes v The Queen [2021] VSCA 169; R v Verdins & Ors (2007) 16 VR 269
Sentence:		Total effective sentence of 4 years and 4 months imprisonment with a non-parole period of 2 years and 10 months.

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APPEARANCES:
	Counsel	Solicitors	
For the DPP	Mr C. McConaghy	Office of Public Prosecutions	
			
For the Offender	Ms H. Anderson	David Barrese & Associates 	

HER HONOUR:

1	Benjamin Margrie, you have pleaded guilty on indictment to charges of shorten barrel of a longarm, cultivation of a narcotic plant (Cannabis), make threat to kill, common law assault, armed robbery, unlicensed person fail to store firearm in a secure manner, handling stolen goods and possession of a drug of dependence.
2	You have also entered pleas of guilty to 3 related summary offences being 
non-prohibited person possess imitation firearm, possess ammunition without a licence and possess prohibited weapons (namely a taser and a sword) without exemption or approval.    
3	In sentencing you for your crimes I am obliged to take into account the maximum penalty for each of the offences you have committed as they reflect the seriousness with which Parliament regards those offences. In your case the relevant maximum penalties are as follows:
•	Armed Robbery – 25 years;
•	Make threat to kill – 10 years;
•	Handling Stolen Goods – 15 years;
•	Cultivation of a Narcotic Plant – 15 years imprisonment unless satisfied on the balance of probabilities that it was not for the purposes of trafficking, then 1 year imprisonment;
•	Common Law Assault – 5 years imprisonment;
•	Possess drug of dependence – 5 years imprisonment unless satisfied on the balance of probabilities that it was not for the purpose of trafficking, then 
1 year imprisonment;
•	Unlicensed Person Fail to Store Longarm in a Secure Manner and Shorten Barrel of a Longarm – both carry 4 years imprisonment; 
•	Non-prohibited person possess an imitation firearm and possess prohibited weapon without exemption or approval – both carry 2 years imprisonment; and
•	Possess ammunition without a licence – 40 penalty units. 
The offending 
4	The circumstances of your offending were set out in a document entitled 'Prosecution Opening on the Plea' dated 14 February 2022. It is a detailed document and will not be repeated in full as part of the sentencing reasons. It is also an agreed document and represents your acceptance of the elements of the offences to which you have pleaded guilty as well as the factual basis on which I am to sentence.  I will go through some of the details in order to reflect the serious nature of this offending. I can indicate that I have had recourse to the full document in terms of the Crown opening.
5	In short compass as of 14 February 2021 you were residing at an address in Langwarrin with your two teenage children.
6	In January of that year, you met Brittany Walker, then aged 18 years. You invited her to stay at your home and she moved in on 28 January 2021.  You began sharing a bedroom with her and supplying her with drugs on a daily basis, this is not the subject of charge. Ms Walker became increasingly uncomfortable in your presence and started to feel unsafe.
7	On 11 February 2021 Ms Walker contacted her friend, Jade Temple, then aged 17 years of age, and invited her to stay. You and Ms Walker picked up Ms Temple from Seaford train station and you all returned to Langwarrin. You spent the next 3 days partying and smoking Ice which you would source.
8	On 13 February 2021 you showed Ms Temple a concealed room under the house that was monitored by a security system and contained electrical wires, fans, and two rows of differing sized cannabis plants in pots.
9	On the afternoon of that day, you were becoming increasingly agitated as you wished to spend time alone with Ms Walker and Ms Temple's presence was interfering with that. Later that evening Ms Walker was in bed and you asked Ms Temple to leave so that you could go to bed with Ms Walker. Instead, Ms Temple entered the bedroom where Ms Walker was sleeping, sat on the bed, and told you to leave. This made you angry and you climbed into the bed with Ms Walker who immediately left the room and went into the lounge with Ms Temple where they spent the night partying and playing loud music which only annoyed you further.
Charge 3 - threat to kill; Charge 4 – common law assault and Charge 5 – armed robbery
10	On 14 February 2021 you and Ms Temple argued most of the day. You accused her of stealing your belongings and made comments about you and Ms Walker dating and being in a relationship. Ms Walker felt unsafe and decided to leave.
11	That evening Ms Walker started to pack her belongings. You offered to drive Ms Walker to Morwell and drop Ms Temple at a train station along the way. 
12	Ms Walker asked Ms Temple to approach you and ask you to pay for an Uber to Morwell. Ms Temple grabbed a knife and concealed it in the sleeve of her jumper. She was aware that you had access to firearms as Ms Walker had told her during an earlier conversation that you owned a shotgun.
13	Ms Temple did approach you and ask you to pay for an Uber.  At that time she threatened that she would tell police about your cannabis crop if you didn’t agree. You told her that you wanted to hear the request from Ms Walker.
14	You then questioned Ms Walker about where she was going and who she was seeing. She asked you to transfer money for an Uber. You refused. In the end, you ended up agreeing to drive both Ms Walker and Ms Temple to Morwell.
15	Ms Walker and Ms Temple gathered their belongings and waited in your vehicle. You went to a safe in the garage and retrieved a double barrel sawn off shotgun, placed it in a shopping bag and concealed it down the back of your pants. You put ammunition for the shotgun in your pants pocket. When you approached the car Ms Temple was able to identify the outline of a shotgun in the back of your pants.
16	Ms Walker was in the front passenger seat and Ms Temple in the rear, seated behind you. You placed the shotgun, still in a plastic bag, beside you between the seat and the door frame.
17	On route from Langwarrin to Morwell you asked Ms Walker to take over the driving and pulled the car to the side of the freeway around Yarragon.
18	Ms Walker moved across to the driver’s seat and you got out of the vehicle walking behind the car to the passenger side. As you did so you removed the shotgun from the bag and on entering the passenger side of the vehicle, raised that shotgun toward Ms Temple’s head. You said 'threaten me now cunt.' With your finger on the trigger of the shotgun you said 'the safety isn’t on. My fingers on the trigger, don’t give me a reason to blow your head off because I’ll do it. I’ll shoot you right here, right now.'
19	You continued to point the firearm at Ms Temple and told Ms Walker to drive. You were in the front passenger seat resting the shotgun on your leg pointing it through the back towards Ms Temple. She, very understandably, feared for her life.
20	Ms Walker drove under your direction. At one point a police vehicle passed you with its lights flashing and you assumed that Ms Temple had contacted police. You pointed the shotgun again saying 'Give me your phone or I’ll shoot you head off.'
21	Still fearing for her life, Ms Temple complied and threw her iPhone 10 at you. These facts comprise the offence of Armed Robbery.
22	Ms Temple's phone was stored in a case which also held her bank and identification cards. You removed them and kept Ms Temple's mobile phone,  photographing her cards before returning them to her.
23	You told Ms Walker to turn off at Moe and directed her to take the back roads towards Yarragon before directing her to turn down a side road and pull over in a secluded location. You directed Ms Temple to remain in the vehicle whilst you and Ms Walker talked. While standing outside the vehicle you continued to point the firearm towards Ms Temple through a window. You explained to Ms Walker that you thought Ms Temple was damaging your relationship with Ms Walker by saying 'I’ve gotta do it, she’s going to ruin everything for us'.
24	On returning to the vehicle you said to Ms Walker 'babe, I gotta do this, she knows too much.'  Ms Temple feared that you were going to kill her and then yourself.
25	You next demanded that Ms Temple exit the vehicle and stand on the road in front of the car. By this point in time Ms Walker was trying to talk you out of it by telling you to think of your children and of the children you may have together. Ms Temple got back in the car.
26	Ms Walker then drove to an address in Morwell, telling you she was going to return soon. You dropped off Ms Walker and Ms Temple and left the vehicle taking Ms Temple’s phone with you.
27	The charge of common law assault is said to be you to be holding a firearm whilst Ms Walker was being told to drive and in circumstances where she would have been fearful of an assault.

Investigation and arrest; remaining charges
28	Separately, both Ms Walker and Ms Temple reported the armed robbery to police  on 15 February 2021.
29	Police then made application for search warrants pursuant to the Crimes Act 1958, Drugs, Poisons and Controlled Substances Act 1981 and the Control of Weapons Act 1990.
30	On 18 February 2021 you were arrested by members of the Special Operations Group at a milk bar in Frankston North. On being given your caution and rights and told of the search warrants you were asked if you had any firearms. You admitted to having a firearm in a bag on the back seat of your vehicle.
31	A search of your vehicle located a sawn off double barrel shut gun inside a green camouflage backpack on the rear seat. There were two 12 gauge shotgun shells located in the chambers of that shotgun. This fact forms the basis for Charge six, unlicensed person fail to store firearm in a secure manner as well as forming part of the rolled-up charge of handling stolen goods, Charge seven on the indictment. Subsequent investigations by police revealed that the sawn off double barrel shotgun located by them had been stolen on an earlier occasion during a burglary.
32	Also inside the backpack police located three small deal bags containing 
0.56 grams, 0.3 grams and 0.36 grams of methylamphetamine and a small deal bag containing two ecstasy tablets, forming the basis for Charge eight on the indictment, possess a drug of dependence. I am satisfied that the relevant maximum sentence for this offence is one year imprisonment.
33	You were then taken by police to your home address in Langwarrin where your daughter was present and the warrants were executed. During that search, police located the following items relevant to their investigation:
•	a Taser on a shelf in the kitchen ;
•	Ms Temple’s iPhone in an envelope marked 'fat jades iPhone';
•	the butt of a firearm wrapped with black tape concealed in a rubbish bag on the floor next to a couch in the lounge;
•	a police uniform in a bag in the garage, subsequently identified as having been stolen during a burglary which, together with the sawn off double barrel shotgun, forms the basis for Charge 7 on the Indictment, handle stolen goods
34	You disclosed to police the cannabis crop under your house. Upon search police forced entry to a small door at the rear of the premises providing access under the house. There they located three concealed rooms which contained 14 cannabis plants of varying levels of maturity. The room was set up with a hydroponic system to aid in the cultivation of cannabis. Police also located 14.5 grams of cannabis in assorted plastic bags. Based on these observations and admissions that you made to police in your record of interview that you had an intention to sell cannabis, I am satisfied that the maximum penalty applicable to that offence, Charge 2 on the indictment, cultivation of a narcotic plant,  is one of 15 years imprisonment.
35	Four live shotgun shells and an additional two shotgun cartridges were located by police during the search forming the basis for Summary Charge 13 possess ammunition without a licence. Police also located 2 Taser cartridges
36	Police located a home-made imitation firearm - the basis for Summary Charge 12, being a non-prohibited person possess imitation firearm. A samurai sword also located, together with the Taser found in the kitchen, forms Summary Charge 16 - possess a prohibited weapon without exemption or approval.
37	Upon interview with police you made significant admissions which were detailed in the Crown opening. Your cooperation and admissions are matters that I take into account in your favour.
38	In terms of Charge one on the indictment, shorten barrel of a long arm, you admitted to police during your interview that you had shortened the barrel about 12 months earlier so that it could be hidden more easily. This charge relates to the same weapon which police located in your car on 18 February 2021.   
39	The imitation firearm the subject of Summary Charge 12 you described as a toy that you had been working on now and then. In terms of that work, you said that you had cut the top off, attached copper pipe and brass bushing to replicate a silencer and that you did so out of boredom. You told police that you purchased the Taser and cartridges online. You explained that you located the police uniform and equipment in a bag near a Salvation Army bin in a car park at about a month prior to your arrest.
40	Of some concern is that in that interview you told police you wanted Ms Walker to 'talk you out of it' referring to killing Ms Temple, although you also told police that was never really your intention.
41	You were remanded into custody. As of today's date, you now have some 
456 days by way of pre-sentence detention, although I admit I neglected to check that figure with counsel.
42	MR McCONAGHY:  Four fifty-six, Your Honour.
43	HER HONOUR:  Thank you. 
Offence gravity and victim impact
44	This sentence deals with a range of offending of differing gravity and for some charges there is a degree of overlap where care needs to be shown not to inflict what is referred to as double punishment.
45	The least concerning charge in the overall context is Charge 8 - possess a drug dependence.
46	Charge two, cultivation of a narcotic plant is somewhat separate from your other offending during this period in your life. I am told there was some 14 cannabis plants at various stages of growth.  I note that the charge period that you cultivated cannabis - between 1 December 2020 and 18 February 2021-  was based on your admissions. You were clear in your interview with police as to your intentions on sufficient growth – that is, to sell cannabis, and had a hidden, somewhat sophisticated set up, to aid and conceal that growth. For an offence of its type it is certainly not at the higher end, but overall, shows a degree of foresight and planning.
47	I am also generally less concerned about Charge 7 – handling stolen goods, although it did involve the double barrelled sawn off shotgun which also features in much of your other offending.  
48	What would appear to be an interest in weapons is of concern. You told police that the butt and trigger of the firearm located in your home was given to you by someone else and that you originally did have three pieces. I note you are not charged with these items and will not be punished for them. Otherwise, police located a Taser with cartridges, an imitation firearm which you admit to modifying so it would appear to have a silencer, a sword and, obviously, the sawn-off shotgun which you admit shortening to make easier to hide. 
49	That weapon played a role in the offences of make threat to kill, common law assault, and armed robbery committed on 14 February 2021. Together with the police uniform items, it is also part of the rolled-up charge of handling stolen goods and the basis for Charge 1 on the indictment, shorten barrel of a longarm.   
50	The occasion that the sawn off shotgun was located by police was a separate one to 14 February 2021, that is the offending involving armed robbery, threat to kill and common law assault. On the occasion it was located by police in the rear of your car, it was definitely loaded, elevating the seriousness of the charge of unlicensed person fail to store firearm in a secure manner
14 February 2021
51	In terms of your offending of 14 February 2021, in the context of a relatively limited prior criminal history to which I will later return, your offending is staggering in terms of its seriousness.
52	Ms Temple and Ms Walker were young females, Ms Temple still a child. You engaged in a drug fuelled binge with them and, effectively in that environment, let jealousy in relation to Ms Walker override your decision making as you told police in your interview 'Brittany and I were good mates until she came along, destroyed it.'
53	The threat to kill is particularly concerning.  I could not find that the sawn off shotgun was loaded but neither Ms Temple nor Ms Walker would have known one way or the other either. You admit to having cartridges with you at the time so at least an ability to access those. This particular offence was a continuing offence which, if the Crown opening is anything to go by, and the Crown opening is accepted, commenced during your journey from Langwarrin to Morwell and, in a state of continued aggression, involved the raising of the shotgun towards 
Ms Temple’s head, showing her you had your finger on the trigger and telling her that she was at risk of getting her head blown off.  You continued to point it at 
Ms Temple whilst Ms Walker was driving and then having the conversation with Ms Walker, in front of Ms Temple that 'Babe, I’ve got to do this, she knows too much.' 
54	In my view this is an extremely serious example of this particular offence.  However, I am bound by current sentencing practices to some degree.
55	Of course the common law assault of Ms Walker is also a continuing offence over the same period and relates to your use of the sawn off shotgun.
56	The armed robbery also occurred during the same period, factors I need to take into account. You took Ms Temple’s phone in fear that she would contact police and endeavouring to protect yourself from this perceived risk. You ensured that she was aware that you had photographed her cards, maintaining her reason to be afraid of you. 
57	I accept that both of your victims would have been frightened, if not terror stricken.
58	Your drug use at the time affords you no excuse. Your moral culpability for all of your offending appears to be high.
59	In my view, the circumstances of your offending overall see the need for considerable weight in the sentencing exercise to attach to general deterrence, specific deterrence, just punishment, denunciation and protection of the community.   
60	The purpose of a victim impact statement is to give those affected by your crime the opportunity to participate in the criminal justice process by informing the court about the effects of the crime upon them.
61	Ms Walker has not provided a victim impact statement, but Ms Temple has.  In her victim impact statement dated 10 February 2022, and I am told you have had the document read to you, Ms Temple states that she now finds enjoyment in life difficult. She has required admission to a mental health facility and daily medication to manage anxiety, depression, and post-traumatic stress disorder. Your crime has left her isolated from friends and family and her emotional state as unpredictable. She has withdrawn from her studies. She struggles to get through life on a daily basis with flash backs occurring regularly. She describes you as making her feel powerless. It is very clear from this document that the impact of your offending upon her has been profound and remains an enduring one.
Plea of guilty
62	In terms of your plea of guilty, the Sentencing Act 1991 obliges me to take into account the stage at which you entered your guilty plea.  Your charges resolved on the day of a committal hearing.  I accept in the context of this matter that your plea was at an early opportunity and this is conceded by the Prosecution.
63	In addition, your plea has utilitarian benefit.  It has saved the court the time and expense of contested proceedings and the witnesses the need to attend which, in this case, would have required them to relive particularly traumatic events.
64	Your plea has also occurred in the context of the Court’s need to respond to the impact of the COVID 19 pandemic and therefore has additional utilitarian value. In the decision of Worboyes v The Queen [2021} VSCA 169 at paragraph [39]. the Court of Appeal said:
' — a plea of guilty entered during the currency of the COVID-19 pandemic is worthy of greater weight in mitigation, than a similar plea entered at a time when the community and the courts are not afflicted by the pandemic’s effects.  A plea of guilty during the pandemic ordinarily should attract a more pronounced amelioration of sentence than at another time…
65	You have finalised these matters for all concerned.  
66	I am certainly satisfied that you regret your actions and, based on materials before me, that you are remorseful for them.
67	These factors will all be taken into account in your favour.  
Personal circumstances
68	You are now aged 50 years.
69	You were born in Albury and are the eldest of four children. You recall a happy childhood and you maintain a good relationship with family members.
70	You completed a Year 12 education at Salesian College in Sunbury. You did well academically and enrolled in university to study business and economics.
71	You left these studies to commence a retail traineeship with the Tool Centre. This traineeship lasted for 12 months and then you continued to work for this company for another nine years. You were consistently employed until 2013.
72	In that year you injured yourself in the workplace with a circular saw, almost severing your left hand. You were working in a fencing business as a subcontractor around that time. You were off work for approximately 9 to 10 months and subject to WorkCover payments. You experience an ongoing loss of sensation and nerve pain. At various stages you have undergone psychological counselling to assist you with your emotional responses to this event.
73	You were able to return to work in 2014, primarily in a self-employed capacity in both landscaping and carpentry. 
74	You ceased work between 2017 and 2019 as you struggled with a long-standing drug problem and with a deterioration in your mental health but you did return to work in 2019, again in a self-employed capacity. You were diagnosed with Post Traumatic Stress Disorder in 2018 linked to your accident in 2013. 
75	You made a suicide attempt when aged 21 years in the context of drug use, and another in 2017 when your marriage and then a subsequent relationship broke down .
76	You were in a relationship with Rebecca Crossin between 1997 and 2017. The intimate relationship ceased in 2017 in the context of your drug use and mental health issues, coinciding with a period of unemployment. There are two children from this relationship, Kathryn aged 17 and James aged 15, both of whom have their own health issues – James I am told has autism and Kathryn suffers Global Developmental Delay. At the time of your offending the children were in your care although I do not know if they were present when Ms Temple and Ms Walker were at your house. You maintain a healthy friendship with Ms Crossin.
77	You started using alcohol and cannabis around 16 years of age.  You were drinking daily at the time of your remand, although I am told your cannabis use was sporadic. You have also had issues with both heroin and methamphetamine.  You were using heroin daily in 2020, along with Xanax and Ice. In the context of the COVID-19 pandemic you struggled to find work and struggled with the full time care of your children and your drug use was rife.  
78	You were certainly using drugs at the time of your offending.
Prior criminal convictions
79	Earlier I did refer to your criminal history as being relatively limited. However, it is not without some relevance. 
80	There are four court appearances in total.
81	On 5 February 1991, you appeared at the Melbourne Magistrates’ Court in relation to charges of robbery and assault in company. You were fined the amount of $2,000.
82	On 21 July 1993, you appeared at the Frankston Magistrates’ Court in relation to 
two charges of burglary and two charges of theft. You were placed on a community corrections order for a period of 12 months during which you were to perform 
125 hours of unpaid community work.
83	On 29 October 2001, you were fined $200 by the Melbourne Magistrates’ Court for three charges of carry prohibited weapon without exemption.
84	Finally on 17 December 2001, you appeared at the Melbourne Magistrates’ Court for two charges of obtaining property by deception and 20 charges of theft for which you were then convicted and sentenced to seven months imprisonment, wholly suspended for a period of nine months. For two charges of shop steal you were placed on an adjourned undertaking for nine months and to continue with a methadone programme. For a charge of fail to answer bail you were convicted and discharged.
85	This history would indicate that you can abide by sentencing orders.  Despite having had nothing since 2001 until now, it does also represent your long association with drug use given the nature of that offending; it also displays an earlier interest in weapons.
86	Whilst not to be punished for your criminal history a second time it has a role to play in the assessment that needs to be undertaken in relation to the weight to give specific deterrence, denunciation and protection of the community. It is also clearly relevant in assessing your prospects of rehabilitation.   
Prospects for rehabilitation 
87	In terms of those prospects, you have never previously been exposed to the custodial system. Your time on remand to date has already played some role in terms of being a sanction and a deterrent into the future.
88	Whilst a long time drug user that use, in general, has been one you have been able to maintain whilst being gainfully employed and with limited intersection with the criminal justice system. Until February of 2021, you had not been in trouble for a period of some 20 years. 
89	Your period in custody has been during the Corrections response to the 
COVID-19 pandemic where I accept, in a general sense, there has been less access to freedom of movement within the prison system, less access to educational and rehabilitative programs, and less access to contact visits from friends and family, which has certainly made the prison experience more difficult for someone who is experiencing the prison system for the first time. Prisoners are required to quarantine for the first 14 days.  Overall, in a general sense, this makes any remanded and sentenced prisoner’s experience more burdensome than it would otherwise be and is another factor I take into account.  
90	You have managed to access some programmes however. Tendered on your behalf was a certificate confirming that you have undertaken a ‘Use Hygienic Practices for Food Safety’ course and an eight module remand program ‘Adapting to the Prison System.’ You have managed to obtain a position in the kitchen where you are currently housed, and you are shortly to undertake a business course. You appear to be trying to use your time on remand wisely.
91	I am also told that you have remained drug free whilst on remand, which would have to be one of the longest periods you have maintained abstinence.  One urine screen has been tendered supporting the submission of you being drug free.  
92	Importantly, you continue to be well supported by family.
93	Your ex-partner has the care of your children and you are able to speak to them almost daily. I accept that you are deeply ashamed about your offending and that your relationship with your children is a positive motivator into the future. You do intend to move in with them upon your eventual release. 
94	Two of your brothers attended your plea hearing and have provided references.
95	Your brother, Joshua Margrie, speaks of your considerable remorse for the events which led to your arrest and remand. You told him of your embarrassment and guilt for letting down your family, including your two children. He offers his continuing support of you and is present again today. Your brother, Stephen Margrie, speaks in similar terms in his written reference.
96	Your friend, Kristian Stapley, speaks of your ability to learn from your mistakes and describes you as a good person and as a providing father for your children. You were previously a work colleague of Mr Stapley. He also speaks of your expressed remorse for your actions. He offers his continuing support and his assistance to help you locate employment upon your release.
97	Your ex-partner, Rebecca Crossin, has also provided a reference. She describes your long history with alcohol and substance abuse yet an ability to hold down 
full-time employment. She states that although no longer a couple her family and friends hold you in good esteem and found your arrest and the charges you faced to be out of character. She also offers her ongoing support.
98	I have taken the contents of your reference material into account and it would appear that you are well supported by friends and family. This, in my view, offers you a solid foundation upon your release into the community.
99	Tendered on your behalf is a psychological report dated 19 March 2022 authored by Sandra Cokorilo, psychologist. Her report is of limited assistance but not the subject of challenge.
100	In that report you attribute your poor decision making to your drug use at the time in the context of the COVID-19 restrictions and a sense of isolation and loneliness. You told Ms Cokorilo that you used drugs to hide from your mental health problems but could not identify what those problems were.  Ms Cokorilo was of the opinion that you had poor insight into your emotional state and the extent of your maladjustment. 
101	In her view, you did not present with depression or anxiety, nor Post Traumatic Stress Disorder.  Ms Cokorilo was of the view that you were genuinely remorseful for your actions and, as I have already indicated, I accept this is so.
102	I am somewhat concerned that there is little explanation for your offending, your interest of weapons nor the gravity of your offending. Ms Cokorilo did see your drug abuse to be the key factor, which is something you obviously also acknowledge.
103	Your counsel does not call into your aid the principles of R v Verdins & Ors (2007) 16 VR 269.   Ms Cokorilo assessed you as presenting with a moderate risk of reoffending but opined, importantl,y that you were amendable to treatment with long term support recommended.  
104	In the context of this assessment, your considerable supports, your willingness to accept treatment and motivations to do so together with your limited history, I am satisfied that you do present with good prospects of rehabilitation. This is obviously contingent on you utilising supports and abstinence from drug use.  
Sentencing submissions  
105	Sentencing submissions made on behalf of the Crown were essentially that all relevant sentencing considerations can only be reflected with the imposition of an immediate term of imprisonment which involves a head sentence and a non-parole period. It was submitted to me that the offence of armed robbery and threat to kill were at least were in the mid-range in terms of their gravity.
106	You were not able to access the County Court's Drug and Alcohol Treatment Court due to your residence at the time of the offending being outside the catchment, otherwise I am told that you would have sought to do so.
107	Your counsel submits that your offending could be adequately addressed by the imposition of a combination sentence, that is a combination of a custodial sentence with a community corrections order or alternatively, the imposition of a gaol term for some matters and a corrections order for others.
108	As you had a firearm, the provisions of s5(2H) of the Sentencing Act 1991 have application to the charge of armed robbery which require that a court must make a custodial order under Division 2 of Part 3 (other than a sentence of imprisonment imposed in addition to making a community corrections order in accordance with s44), unless satisfied as to the circumstances contained in s5(2H)(a) to (e). No exclusion was relied on in your case.
109	In addition, s44 of the Sentencing Act allows a court to make a community corrections order in addition to imposing a sentence of imprisonment only if the sum of all the terms of imprisonment to be served (after deduction of any period of custody under s18 is reckoned to be a period of imprisonment or detention already served) is one year or less.  
110	I do not consider that an appropriate sentence in your case can be imposed with those limitations. Your offending, particularly for the armed robbery and threat to kill, is simply just too serious.
111	Your Counsel’s alternative submission is that, imposing a head sentence and 
non-parole period, that the Court could consider allowing for an extended period of supported transition into the community.     
112	I do accept this submission and it was not one which the Crown sought to challenge.
Sentencing
113	I turn now to the sentencing exercise and make the ancillary orders as sought for forfeiture and disposal of scheduled items.
114	I note that the basic purposes for which a court may impose a sentence are punishment, general and specific deterrence, rehabilitation, denunciation and protection of the community. In sentencing you, I must have regard to a range of matters which do include the seriousness of the offending, your culpability for it, your personal circumstances and those of your victims. 
115	I must balance the interest of the community in denouncing criminal conduct with the interest the community clearly has in seeking to ensure, where possible, that offenders are rehabilitated and are safely reintegrated into the community. 
116	I have taken into account the sentencing guidelines referred to in s5 of the Sentencing Act 1991 where relevant to your case. I have taken into account the current sentencing practices for the offences to which you have pleaded guilty and importantly the principles of totality and proportionality – which are of some significance in this sentencing exercise.  
117	Before I do turn to the actual penalties, Mr McConaghy, anything arising from the summary?
118	MR McCONAGHY:  No, Your Honour.
119	HER HONOUR:  Ms Anderson?
120	MS ANDERSON:  No, Your Honour.
121	HER HONOUR:  Very well.  
122	I will start with Charge 8 – possess drug of dependence – for that offence you are convicted and discharged.
123	For Summary Charge 13 – possess ammunition without a licence – you are also convicted and discharged.
124	For Summary Charge 16 – possess prohibited weapon without exemption or approval you are convicted and sentenced to 1 months imprisonment which will be concurrent with other sentences imposed this day.
125	For Summary Charge 12 – non prohibited person possess firearm, a weapon separate from that in Charge 6 on the indictment you are convicted and sentenced to 6 months imprisonment, of which 2 months will be cumulative on other sentences imposed this day.
126	 Charge 1 on the Indictment- shorten barrel of a longarm – you are convicted and sentenced to 6 months. It is so closely linked to the other offending this sentence will also be concurrent.
127	Charge 2- cultivation of a narcotic plant – you are convicted and sentenced to 
6 months imprisonment, reflecting the different nature of this offending and the duration of the cultivation and your intention - 2 months of that sentence is also cumulative on other sentences imposed this day.
128	Charge 3 – Make threat to kill – being somewhat confined by current sentencing practices, you are convicted and sentenced to 2 years and 6 months imprisonment of which 8 months is cumulative on the base sentence and other sentences imposed this day.
129	Charge 4 – common law assault – you are convicted and sentenced to 12 months imprisonment of which 3 months is cumulative on the base sentence and other sentences imposed this day.
130	Charge 5 – Armed robbery – you are convicted and sentenced to 2 years and 
10 months. This is the base sentence.
131	Charge 6 – Unlicensed Person fail to store a firearm in a secure manner which relates to the loaded sawn off shotgun located by police following the charges of armed robbery, threat to kill and common law assault – that is on a different occasion - you are convicted and sentenced to 12 months imprisonment of which 3 months is cumulative on the base sentence and other sentences imposed this day.
132	Charge 7 – Handling Stolen goods - you are convicted and sentenced to 4 months imprisonment, which is also concurrent.
133	If my maths serves me correctly, your total effective sentence is therefore 4 years and 6 months imprisonment. I fix a non-parole period of 2 years and 10 months, 456 days are reckoned as having already being served.

134	Section 6AAA of the Sentencing Act requires me to state the sentence I would have imposed had you not pleaded guilty to these charges. If not for your pleas of guilty you would have been sentenced you to a total effective sentence of 5 years and 6 months imprisonment with a minimum of 4 years and 3 months before being eligible for parole

135	Ms Anderson, I will give you the chance to speak with your client privately in a moment.  I will also give counsel the opportunity to check my maths, which I am already told by my associates is wrong.  So I am just going to stand down temporarily, check it anyway.  I will allow you to check it and then I will return.  Just pardon me a moment.

136	(Short adjournment.)

137	HER HONOUR:  My apologies.  It appears the correct head sentence is 4 years and 4 months.

138	MR McCONAGHY:  Agreed, Your Honour.

139	HER HONOUR:  All right.  Well then I will formally correct that and stand down.  Thank you very much.

140	MR McCONAGHY:  Thank you, Your Honour.

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