DPP v Cumine [2016] VCC 657

Sentence summary: Armed robbery

The offender and two co-offenders drove to a convenience store in Sunshine North in a stolen Nissan Skyline. All were wearing masks over their faces.

One of the co-offenders approached the locked front door and began hitting it with a baseball bat. The offender then got out of the car armed with a sledgehammer and used it to smash the door. Another co-offender who was armed with a knife pointed it towards the attendant before entry was gained.

Once inside the premises the offender and the two co-offenders behaved aggressively and threateningly towards the attendant before stealing cash and leaving the store.

The offender and co-offenders then drove to another convenience store, which was nearby. The three again forced entry into the store, behaved aggressively and threateningly towards the attendant and left with money as well as cigarettes.

The offender was arrested some weeks later. The offender pleaded guilty to car theft and armed robbery charges.

The offender’s guilty plea and remorse were taken into account, however the judge rejected a submission made on behalf of the offender that a Community Corrections Order was appropriate – in addition to a sentence of 71 days' imprisonment (already served).

The judge said the offending was serious. The armed robberies were planned against soft targets. The offender and his co-accused were disguised. They behaved aggressively and threateningly towards the victims, who must have been terrified.

The offences were also committed while the offender was on a Youth Supervision Order, and he had a prior conviction for armed robbery.

The judge nevertheless said the offender’s prospects for rehabilitation were reasonable. The offender was sentenced to 21 months’ detention in a youth justice centre.

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Page last updated: 26 August 2018