A “DYSFUNCTIONAL” upbringing had substantial impact on the sentence of a man who robbed the Port MacDonnell Pharmacy at knife-point last year.
Daniel Darryl Whiteman, 28, appeared in the Mount Gambier District Court last week for sentencing before Judge Rauf Soulio.
The court heard just after 5.30pm on August 22 last year, Mr Whiteman entered the pharmacy wearing a white mask over his face while dressed fully in black, including a black hood over his head.
“You were holding a large knife out in front of you and pointed it at the pharmacist,” Judge Soulio said.
After asking the pharmacist directly to put oxycodone in a bag, Judge Soulio said the defendant walked around the main counter to the pharmacist, still holding the knife.
The court heard the pharmacist opened up a safe and filled a black bag with boxes of medication after the defendant ordered him to.
“You told him that was enough and asked that he open the till,” Judge Soulio said.
“He did so and you took notes from the cash tray.”
The court heard, the defendant then told the pharmacist to lay on the ground and taped his hands behind his back with duct tape.
“While he was lying there, you picked up the printer from the counter and threw it onto his head,” Judge Soulio said.
“You ran from the store, removing you mask as you left.”
Shortly after, police intercepted the defendant as he drove on Glenelg River Road.
He was arrested and has remained in custody since.
Around $1000 worth of drugs including Fentanyl patches, Buprenorphine patches, morphine sulphate and two different types of oxycodone were recovered along with $600 in cash.
According to a victim impact statement, the pharmacist now suffers from increased anxiety, particularly at the time of day the defendant robbed him.
Judge Soulio said the defendant was born in Dubbo and was the youngest of four children born.
“Both of your parents suffered drug addictions and abused alcohol … each died of a drug overdose during 2018,” he said.
“Your life was dysfunctional and disturbing … constant visits of intoxicated people and violence and drug taking occurring in the household.”
Judge Soulio said the defendant had been subjected to abuse.
However, he said the defendant was not a man without intelligence and presented in a reasonably “articulate fashion”.
“You described your own mental health as poor and the main stressor was the uncertainty of your future,” Judge Soulio said.
After being placed under the care of the Minister as a teenager, the court heard Whiteman was diagnosed with a brain tumor which required surgical removal and treatment.
Judge Soulio said the defendant had not worked since.
“You moved to Mount Gambier because your partner’s mother lived in the area,” he said.
“I accept your letter of apology is a genuine expression of your remorse for your actions.
“You are indeed remoresful for your actions and regarding your lack of criminal history, I am prepared to accept that your behaviour was out of character.”
Judge Soulio said he considered the defendant’s actions could have caused greater injury, but also beared in mind Whiteman’s upbringing and “cultural disadvantage”.
“It is proper of the court to recognise the problems of alcohol and substance abuse which to a very significant degree go hand-in-hand within Aboriginal communities,” he said.
“Your offending was made more serious by the physical injury you perpetrated upon the pharmacist.”
Whiteman was sentenced to three years and eight months imprisonment with a non-parole period of one year and 10 months.
Judge Soulio backdated the sentence to the defendant’s date of arrest.
A Police Interim Intervention Order (PIIO) was also issued to provide protection for the victim.
The defendant was also ordered not to travel within five kilometres of the Port MacDonnell township.
