Citation: R v Bittar, Louise [2010] NSWDC 263
Court: District Court of New South Wales
Date: 17 September 2010
Judge(s): Nicholson SC DCJ
Background
The offender, a 25-year-old woman, entered a Red Rooster restaurant in Chullora at approximately 9.50pm on 12 March 2010. She was dressed in a black balaclava, carrying a claw hammer in one hand and a plastic shopping bag in the other. She approached the manager and demanded all the cash in the store, raising the hammer in a threatening manner on more than one occasion.
The manager, a self-possessed 19-year-old, stalled without surrendering the money and activated a concealed hold-up alarm. An off-duty licensed security guard who was seated in the restaurant intervened, placing the offender in a chokehold and disarming her. The manager locked the front door, and police arrived within minutes to arrest her.
Following her arrest, the offender cooperated fully with police. In a recorded interview she made full admissions, acknowledging that she had planned the robbery alone, used the hammer to intimidate staff, worn the balaclava to conceal her identity, and carried the bag to avoid leaving fingerprints. She said she needed money to repay debts and claimed people were threatening to kill her. She was committed for sentence on 16 June 2010.
Legal Issues
- How objectively serious was the attempted armed robbery, given that the manager was not ultimately frightened into surrendering the money?
- What weight should be given to the offender's personal circumstances, including her difficult upbringing, drug dependency, contrition, and prospects for rehabilitation?
- Whether the court should impose a sentence immediately or grant conditional bail under section 11 of the Crimes (Sentencing Procedure) Act 1999 to allow the offender to demonstrate her rehabilitation capacity at Guthrie House.
Decision
On objective seriousness, the court found that the offender had completed all acts necessary to make her demand and had twice raised the hammer in a threatening gesture. Although the particular manager was not overpowered into handing over money, the court noted that another person in the same position may well have been. The offence was characterised as one that would ordinarily attract a substantial period of incarceration.
The court acknowledged the offender's difficult and sometimes traumatic childhood, her drug abuse issues, and what it accepted as genuine contrition. Having been in custody since her arrest, she had already served approximately six months on remand by the time of sentencing. The court treated her youth and her apparent willingness to engage with rehabilitation as significant mitigating factors.
The central question before the court was whether to sentence immediately or to grant conditional bail under section 11 to allow a proper assessment of the offender's rehabilitation prospects. Relying on the principle in Griffiths v The Queen, the court decided that the offender should be given a structured opportunity to demonstrate genuine rehabilitation through full-time residential treatment at Guthrie House before a final sentence was imposed.
Orders Made
- The offender was convicted of attempted armed robbery while armed with an offensive weapon.
- Conditional bail granted pursuant to section 11 of the Crimes (Sentencing Procedure) Act 1999 for the purpose of assessing the offender's capacity and prospects for rehabilitation.
- The offender was to reside at Guthrie House for the duration of the residential program, and thereafter at a nominated Yagoona address or such other address as agreed with her Probation and Parole case manager.
- The offender was required to abstain from alcohol and illicit drugs for the duration of the bail period.
- The offender was required to submit to random breath and urine testing conducted by Guthrie House and/or Probation and Parole; refusal, a positive drug test, or provision of a third party's sample would each constitute a breach of bail.
- Upon release from Guthrie House, the offender was to attend Alcoholics Anonymous or Narcotics Anonymous meetings three times per week unless otherwise directed.
- The offender was required to attend all programs, counselling, and court appearances as directed, and to provide documentary evidence of compliance and progress at each court appearance.
Key Takeaways
- An attempted armed robbery is assessed for seriousness by reference to how close the offender came to achieving the criminal purpose. The District Court confirmed that completing all acts necessary to make a demand, coupled with threatening gestures with a weapon, represents a substantial degree of criminality even where the victim was not ultimately compelled to hand over property.
- Under the Griffiths remand principle (drawn from Griffiths v The Queen), a sentencing court may defer final sentence to allow an offender to demonstrate rehabilitation, particularly where the offender is young, has genuine prospects of reform, and is already engaged in a structured treatment program.
- Rehabilitation can carry significant weight in sentencing for serious offences where the offender is young, has a background of trauma and drug dependency, demonstrates genuine contrition, and cooperates fully with authorities after the offence.
- Conditional bail under section 11 of the Crimes (Sentencing Procedure) Act 1999 is available as a mechanism to defer sentence while rehabilitation is assessed. The court imposed detailed compliance conditions, including random drug testing, mandatory attendance at rehabilitation programs, and documentary proof of progress.
- Full cooperation with police following apprehension, including frank admissions in a recorded interview, was treated as a relevant factor in the offender's favour, alongside her time in pre-sentence custody.
Legislation and Cases Referenced
Legislation
- Crimes (Sentencing Procedure) Act 1999 (NSW), s 11
Cases
- Griffiths v The Queen (1977) 137 CLR 293