R v Bennett [2016] NSWDC 180

District Court New South Wales

Medium Neutral Citation: R v Bennett [2016] NSWDC 180 Hearing dates: 29 January 2016 Date of orders: 29 January 2016 Decision date: 29 January 2016 Jurisdiction: Criminal Before: Berman SC DCJ Decision: The offender is sentenced to imprisonment consisting of a non-parole period of 21 months with a head sentence of 4 years. Catchwords: CRIMINAL LAW- Sentence - Armed robbery - Drug debt - Offender suffers from schizophrenia Category: Sentence Parties: The Crown Isabell Bennett Representation: Solicitors: Director of Public Prosecutions Legal Aid Commission - Offender File Number(s): 2014/172364

Judgment 1. HIS HONOUR: Most armed robberies are conducted in a similar way. A person is threatened with a weapon, money is handed over and the offender leaves quickly, the offender thinking very little about the impact of the offence on the victims of it. But in truth the victims of armed robbery are often significantly affected by what occurs to them. The shock, the fear and indeed the terror will often remain with victims of such offences for some time. 2. While most armed offences probably follow a similar pattern, the people who commit those offences are vastly different, some are cold, calculating criminals, who simply desire to get money to advance themselves, others are, at least at some level, even deserving of sympathy. 3. Miss Isabell Bennett is to be sentenced after pleading guilty on first arraignment in the District Court for an offence of armed robbery committed when she robbed people working at a massage parlour, I should call it a therapeutic massage parlour, to avoid any possible confusion. She went into the massage parlour at about 8.45pm on Friday 21 February 2014, and discussed with the people working there prices, the availability of therapeutic massage for her and her mother and eventually said she would be returning a little while later with her mother for the purposes of a massage. 4. After she left one of the staff members realised that her phone had been stolen, another staff member called the Police Assistance Line at about 9.30 to report the theft of the phone. While that phone call was in progress Ms Bennett returned to the premises, she was wearing a balaclava but was still easily identified and carrying a gun. The person on the telephone had the presence of mind to put the phone down on the counter but leave the line open, thus a recording of what was said was made. Ms Bennett pointed the gun at staff and said, "give me the money". One of the staff members emptied the day's takings from the daily money pouch, it was about $800. The offender grabbed it with her hand. 5. Another employee was coming out of the kitchen, she saw the offender, Ms Bennett pointing a gun at her while looking at the other three staff members in the reception area. She was told to come out. She did not, she retreated to the kitchen, put her foot against the door and started shouting out the window, "help me, help me, robber, robber". At this Ms Bennett left. 6. Police came soon afterwards, fingerprints were identified which matched the offender. Eventually, the day after, police got a search warrant to attend premises where Ms Bennett was believed to be living with her boyfriend. They found her, they found clothing apparently worn during the commission of the offence and a mountain bike which was the way that the robber arrived at the premises in the first place. While Ms Bennett admitted stealing the phone to police she denied any involvement in the armed robbery, nevertheless she was of course charged with it and eventually admitted her guilt. 7. Ms Bennett was brought up in the Sydney area, her relationship with her father was a difficult one. A document tendered to me today said that Isabell's father would severely beat her and her mother for as long as Miss Bennett could remember. Not only did this cause problems with her father, of course, but also caused problems with her mother as Ms Bennett came to realise that her mother was not protecting her as, quite rightly, she believed she should have been doing. In such circumstances the early commencement of drug use is more easily explained. Another significant circumstance, indeed perhaps the most important circumstance concerning Ms Bennett, relates to her mental health issues. These included admissions to hospitals in the past and a diagnosis of schizophrenia. Ms Bennett is a person who, at times, hallucinates and hears voices. These symptoms subside of course when she receives medication. In the witness box today she accepted that she would need to take medication and that if she did not it was quite likely that she would be back in gaol. 8. It turns out, at least according to Ms Bennett, that the firearm was a replica pistol which she had bought at Paddy's Markets for the purposes of committing offences. That may well of course be true, and there is no evidence to the contrary, but the staff members of the therapeutic massage facility were not to know that. 9. Offences such as these are clearly objectively serious. Any business which receives cash, convenience stores, florists and also of course Thai massage places are easy targets for armed robbers. 10. Ms Bennett committed the offence because of a drug debt, she was afraid that she or her boyfriend would be harmed. She was prepared, at that time, to terrify many people, just so that she could get that money to pay off her drug debt. To a psychiatrist, whose report was tendered today and in the witness box, she expressed her remorse. I accept it as genuine. 11. On her release from custody she has plans, she wishes to complete her schooling and to complete her business studies so that she can obtain work, probably in an office. She will be living in a granny flat with her parents and as I have said recognises the need to continue taking medication. She has a criminal history which is reasonably lengthy for someone who is so young, but nothing as serious as this offence. 12. Clearly a finding of special circumstances which should be made in the offender's favour, she will need an extended period of supervision on parole in order to assist her with her problems relating to her drug use and to encourage her to comply with various mental health treatment programs which may be in place from time to time. As far as pre-sentence custody is concerned the parties are agreed that the sentence that I am about to announce should commence on 21 July 2014. To reflect the utilitarian value of the plea I will discount the sentence by 15% 13. I impose sentence as follows. The offender is sentenced to imprisonment for a period of 21 months to date from 21 July 2014, the non-parole period will expire on 20 April 2016 on which day Ms Bennett is eligible to be released to parole. Her head sentence is one of four years. 14. I recommend that a copy of Dr Furst's report be provided to Justice Health Community Corrections and the Maroubra Community Mental Health team. I recommend that consideration be given to the matters referred to in Dr Furst's report as regards Ms Bennett's treatment whilst in custody and conditions of her release upon parole.