DPP v Taylor [2019] VCC 1550

Sentence summary: Aggravated burglary

A clumsy would-be robber was jailed after he attempted to hold up a liquor store with an imitation firearm.

Kaiden Taylor, 23, was jailed for six months and fined $500 after he pleaded guilty to one charge of attempted armed robbery, one charge of aggravated burglary and one charge of theft.

The Court heard the offender pointed an imitation firearm at the face of a liquor store owner before taking off his balaclava and running away without any cash during the armed robbery attempt in Bendigo.

With the gun pointed to his face and fearing for his life, the shop owner was about to hand over the money when witnesses came to his aid.

The presiding judge said the man had hatched the robbery plan with friends but went ahead on his own after they backed out.

When considering the sentence, the judge said the offender had targeted a vulnerable victim.

"Sadly, it is all too prevalent that a person dealing with the public can be the victim of desperate offenders like you, determined to look after their own needs and risk terrorising others," the judge said.

Only days later, the offender broke into a friend's home and stole her car, which he later crashed into a pole.

Police found the imitation weapon, hoodie and balaclava from the attempted robbery in the woman's home.

The presiding judge considered the offender's serious childhood neglect and trauma, drug addiction and learning difficulties in handing down the sentence.

The offender had no prior criminal convictions, which the judge said was unusual for a youthful offender with a drug addiction as serious as his.

In mitigating the sentence however, the offender had sought drug rehabilitation programs and had been drug free for five months while in custody.

It was also accepted his drug-addicted mother had assisted in supplying cannabis since his early teens and he later used heavier drugs.

The offender was placed on a community corrections order which included 200 hours of community work, supervision and ongoing drug treatment.

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Page last updated: 8 December 2020