19-year-old man pleads guilty to Stockland Wendouree knife point robbery

Zaine Seiler, 19, pleaded guilty to armed robbery at the County Court in Ballarat on Friday, after an altercation outside Stockland Wendouree.

The court was told Seiler, of no fixed abode, approached a group of five teenagers at a bus stop near the shopping centre at about 4.20pm on the afternoon of March 26.

Seiler approached one of the teens, aged 14, who was wearing a white Nike TN cap and asked how much he would sell it for.

After the victim said it was not for sale, the court heard Seiler pulled a hunting knife out from his sleeve, and told the victim "you have two seconds to hand it over".

Seiler then took the cap and ran off, meeting with a friend at the shopping centre, who concealed the cap under their clothing.

The group of teenage boys got on a bus soon after the incident and reported it to police.

Police identified Seiler's friend from CCTV footage and searched his Wendouree address, finding the cap under a mattress.

Seiler's friend was arrested and interviewed, telling police of Seiler's involvement in the theft.

On March 30, Seiler attended the Ballarat Police Station for an unrelated matter, and was arrested for the theft after a police officer recognized Seiler at the front counter.

He provided a no comment interview.

Seiler's defence counsel Iresha Siriwardana, spoke on his extremely disadvantaged background, and tendered a psychological assessment and bail supervision report.

The reports contained "considerably troubling" information, according to Judge Frank Gucciardo - with Seiler stating in a psychological assessment he was better suited to prison than out in the community.

Seiler had spent 100 days in adult prison for earlier offending.

Judge Gucciardo said the reports also showed a lack of recognition or remorse over the crimes he had committed.

"Despite the plea, which is some evidence of accepting responsibility, as far as remorse of regret, it is practically impossible to find," Judge Gucciardo said.

"What do you do with a 19-year-old who has these sorts of problems?

"It is clear if he is comfortable in prison, prison is not going to rehabilitate him effectively."

Judge Gucciardo indicated he would have Seiler assessed for a community corrections order, but did not rule out a possible prison sentence.

Ms Siriwardana argued a prison sentence may pose a risk of institutionalizing Seiler, and highlighted the difficult conditions imprisonment had for young offenders.

Judge Gucciardo however said while institutionalization may be a risk later in Seiler's life, his disadvantaged background was a contributing factor to his views on prison life.

"Comfort arises out of the fact that his prior personal history is so troubled, and his own state of mind is so troubled," Judge Gucciardo said.

"That is not my view, indicting that he is on the verge of institutionalization.

"Maybe if he was 44-years-old and had spent 15 years of his life in jail, and found that he was able to cope well in jail - that might be a consideration."

Ms Siriwardana also spoke on the level of premeditation in Seiler's offending.

The court heard the Seiler's friend, to whom he handed the cap, had told Seiler prior to the armed robbery he wanted the cap.

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Judge Gucciardo reserved sentencing until the completion of a community corrections order assessment, and the resolution of another matter Seiler had to appear for in the Magistrates' Court.

He said he wanted to make it clear to Seiler that a prison sentence could make up part of his ultimate sentence - but had to consider the impact of such a sentence on a young offender.

"If there is some other way to deal with criminality, that has to be attempted," Judge Gucciardo said.

"In the long term, the community is protected better from someone like this, rather than sending them away to crime university."

The matter will appear before the County Court in either later December or early 2023.

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