R v Vecchi

[2021] ACTSC 70

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:	R v Vecchi
Citation:	[2021] ACTSC 70
Hearing Date:	15 April 2021
Decision Date:	15 April 2021
Before:	Burns J
Decision:	See [10]–[14]
Catchwords:	CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – burglary – theft – consideration of good prospects for rehabilitation – co-offender – pleas of guilty – demonstration of
degree of insight and remorse
Parties:	The Queen (Crown) Kieren Vecchi (Offender)
Representation:	Counsel
T Hickey (Crown)
J Sabharwal (Offender)
Solicitors
ACT Director of Public Prosecutions (Crown)
Rachel Bird & Co (Offender)
File Number:	SCC 198 of 2020
BURNS J:

1.       Kieren Vecchi, you appear before me today to be sentenced with respect to one offence of burglary (CAN 6783/2020) and one offence of theft (CAN 6784/2020), both of which occurred in the period between 12 and 13 May 2020. The offence of burglary carries a maximum penalty of 14 years' imprisonment and a $224,000.00 fine. The offence of theft carries a maximum penalty of 10 years' imprisonment and a fine of $160,000.00.

2.       A comprehensive Statement of Facts has been tendered as Exhibit 1 and I will not recite those facts now. It is sufficient to note that between the dates in question, you and your co-offender entered a shed at a commercial premises as trespassers and while at those premises, you stole a Bobcat and an auger driver.

3.       In assessing the objective seriousness of the offences to which you have entered pleas of guilty, I take into account that these offences were pre-meditated and were the subject of some not inconsiderable planning. With regard to the offence of theft I take into account the fact that the value of the goods stolen was quite significant, approximately $50,000.00. I also take into account that the premises which were the subject of the burglary were entered late at night and they were in a rural area of the ACT, meaning that those were vulnerable premises. It seems to me that you were probably not the architect of the offence, but certainly you played a very significant role.

Subjective features

4.       You did not enter early pleas of guilty to these charges. You entered pleas of guilty at a Criminal Case Conference before a trial date had been set. I propose to reduce the otherwise appropriate sentences by approximately 15 per cent in order to reflect your pleas of guilty.

5.       You have no previous criminal history. You were remanded in custody from 4 June 2020 until 25 June 2020 after which you were released on bail. There were no disciplinary issues with you in the Alexander Maconochie Centre, in addition to which you complied with directions of ACT Corrective Services for the preparation of the Pre-Sentence Report.

6.       I note that you come from a loving and supportive family and there appears to have been no problems in relation to abuse or neglect in your childhood. It is a matter of some significance in terms of your prospects for rehabilitation that you have continuing family support. You are currently in a stable relationship in which you are a step-father to a child from your partner's previous relationship and you also now have a daughter born of your current relationship in April 2021. You are living in your own home with your partner and the two children. You have an excellent employment history as a carpenter.

7.       I note that these offences occurred at around the time of a relationship breakdown. It is not clear on the facts whether you commenced using methamphetamine before or after the commencement of that relationship breakdown. It appears that you were also, at the same time, mixing with anti-social peers. You have told the author of the Pre-Sentence Report that you ceased drug use when you were arrested. You also appear to have a degree of insight into the influence that your co-offender had upon you at that time.

8.       I note that whilst you did not demonstrate remorse by entering an early plea of guilty to these charges, the material which has been put before me today demonstrates that you have shown remorse to your family. The Pre-Sentence Report assessed you as suitable for a medium to low level of intervention. You were assessed as suitable for a community service work condition, but I note that you currently have a work-related injury and the Crown has not pressed for the imposition of such a condition.

9.       I assess your prospects for rehabilitation as good, particularly if you are able to refrain from the use of drugs and if you focus on your family. I accept the submissions that have been made by the Crown that deterrence is an important sentencing consideration with respect to this type of offending. In that regard, general deterrence is to be given greater significance in the present case than personal deterrence. I accept that a suspended sentence of imprisonment is the appropriate way in which to proceed with respect to these charges.

Sentence

10.     With regard to the burglary matter (CAN 6783/2020), you will be sentenced to 20 months' imprisonment commencing on 25 March 2021, allowing for the period that you spent in pre-sentence custody, and expiring on 24 November 2022. The period from 25 March 2021 until 14 April 2021 will be served by way of full-time custody to allow for the period that you spent in custody prior to sentencing.

11.     The balance of that sentence will be suspended as of today, 15 April 2021, and there will be a Good Behaviour Order for a period of two years from today with a condition that you are to accept the supervision of the Director-General for Corrective Services

for a period of two years’ or such lesser period as deemed appropriate by your

supervisor and you are to accept all reasonable directions of your supervising officer. Further, you are to undertake such assessments, treatment or counselling for drug abuse as directed by your supervising officer.

12.    With regard to the offence of theft (CAN 6784/2020), you will be convicted and sentenced to 10 months' imprisonment commencing on 25 March 2021 and expiring on 24 January 2022. The period from 25 March 2021 until 14 April 2021 is to be served by way of full-time imprisonment.

13.     The balance will be suspended from today, 15 April 2021, and there will be a Good Behaviour Order for a period of 12 months from today with no further conditions imposed in the light of the conditions that I have imposed on the Good Behaviour Order with regard to the offence of burglary.

14.     There will also be an order that you make reparation in the sum of $81.12. That amount is to be paid within 14 days.

[Speaking directly to offender]

15.    Mr Vecchi, you have effectively been sentenced to a term of 20 months' imprisonment. Of that, the period from 25 March until yesterday, 14 April 2021, is served by way of full-time imprisonment to make up for the period that you spent in custody prior to being on bail. So, effectively, you have already served that sentence of imprisonment. The balance of the sentence of 20 months, which is from today, is suspended and there is a Good Behaviour Order that you will have to sign and conditions that you will have to comply with.

16.     You have been given an opportunity not to have to serve the remainder of that 20 months in prison. If you breach the terms of the Good Behaviour Order and, in particular, if you do so by committing further offences, then you should expect to serve a further term of full-time imprisonment.

I certify that the preceding sixteen [16] numbered paragraphs are a true copy of the Reasons for Sentence of his Honour Justice Burns.

Associate:

Date: 19 May 2021