Supreme Court - Case Senario 2
Case Scenario Supreme Court
CHERIE ANN BROWN DOB 14/10/74HA
CHARGE: ARMED ROBBERY
At about 9.00 pm on Saturday 10 June 2002, a male employee was working at the Central Newsagency in Hobart Road, Kings Meadows. There were no customers in the shop at the time. Another employee was out the back having a coffee break.
A female wearing a balaclava, red jumper and blue jeans entered the premises. She held up a blood filled syringe and demanded money from the till. She said "If you don't give me the money right now, I will stick this into you."
The male employee responded by saying "Go away or I will call the police." The female then approached him waving the syringe in the vicinity of his left arm. Fearing that he would be harmed, the employee emptied the contents of the till into a brown paper bag and gave it to the female. She ran out of the store and was seen running down Hobart Road.
The male employee called the Police. The Police located a female fitting the description in Betty's Café nearby. She had approx $600 on her person which could not be accounted for. She gave her name as Cherie Ann Brown. She was interviewed on video at the Launceston Police Station where she admitted to her involvement in the incident.
She stated that she needed the money for drugs. She also said she needed new shoes for her 6 year old son. She said she had no intention of harming anyone with the syringe but felt that it was a good weapon to use as people are "real scared of being infected." All but $10 of the money stolen was recovered.
The Defendant was charged and bailed to reside with her mother at West Launceston.
1989 Stealing - S234 Criminal Code. No conviction recorded
1993 Stealing – S234 Criminal Code Conviction recorded.
1998 Possession of Prohibited Substance. Conviction Recorded $100 fine
2001 Stealing - S234 Criminal Code. Conviction recorded with a good behaviour bond for 2 years.
(Current until November 2003)
Cherie is the fifth child of a family of nine siblings. Her father was an alcoholic who abandoned his family when Cherie was nine. She has not seen him since. Her mother put her into foster care when she was ten years old. She had twelve different foster homes and four different schools between the age of ten and sixteen. She was a poor scholar. She started using drugs and abusing alcohol when she was 17 and lived on the streets at that time. She was sexually abused by a group of youths in a park when she was 18. She has never been employed. She has had several relationships over the years. Her son, Ricky was born when she was living with a known criminal, who is currently in prison for wounding. At present she lives with her son in a Housing Commission home in Mowbray.
Prevalence of robberies of small businesses.
Is a deterrent sentence needed?
She is a mother of a young son.
Rehabilitation - Is detention the most appropriate way to deal with this offence?