Lyons, Greg --- "R v Green (Sentencing - burglary and armed robbery - defendant's difficult circumstances - probation)" [1982] AboriginalLawB 31; (1982) 1(4) Aboriginal Law Bulletin 11

• R V Green
• Sentencing-Burglary And Armed Robbery-Defendant's Difficult Circumstances-Probation.

---

R v Green

Sentencing - burglary and armed robbery - defendant's difficult circumstances - probation.

R v Green

Victorian County Court at Bendigo (Tolhurst J)

13 May 1982

Casenote by Greg Lyons

The defendant, a 24 year old Aboriginal mother of three pleaded guilty to a burglary of the Heathcote Presbytery and for stealing therein money, food and drink (to the approximate value of $10), and to the robbery of a hand-bag from a woman at Swan Hill while the defendant was armed with a broken beer bottle. The incidents occurred on 7 February 1982 while the defendant was in the company of another young woman (who has not yet stood trial). The person who was robbed suffered no physical injury and her hand-bag and contents were recovered shortly after the incident when the two accused were arrested nearby. (Although the defendant had been drinking and had earlier taken a number of anti-depressant tablets, the effect of this combination was not such as to raise an R v O'Connor [1923] ArgusLawRp 94; (1980) 29 ALR 449 defence).

A number of factors about the defendant's background were put to the Court during the plea in mitigation. In November 1981, the defendant's husband was killed in a car accident shortly before the defendant was to give birth to her third child. As a result of her intense grief and post-natal depression, the defendant lost interest in life and commenced drinking heavily. The defendant's mother took responsibility for the care of the children as the defendant could no longer cope. It was in these circumstances that the defendant committed the offences.

Evidence was given that with the support of her family and others, the defendant was again able to care for her children, and that she had got on top of her problems.

Tolhurst J stated that the usual penalty for armed robbery was imprisonment and the average sentence given by Victorian Courts over the past year was four years and ten months. However the judge said he viewed this as an exceptional case; the defendant was placed on probation for three years after no prior convictions were alleged.

Mr J. Williams appeared for the Crown.

Mr J. Harper of the Victorian Aboriginal Legal Service appeared for the defendant.