Director of Public Prosecutions v Alexander

[2016] VCC 1273

IN THE COUNTY COURT OF VICTORIA  Revised

Not Restricted Suitable for Publication

AT GEELONG

CRIMINAL JURISDICTION

CR-16-00928

DIRECTOR OF PUBLIC PROSECUTIONS

v

CHRISTOPHER LEE ALEXANDER

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JUDGE:	HIS HONOUR JUDGE GRANT
WHERE HELD:	GEELONG
DATEOF HEARING:	8 August and 12 August 2016
DATEOF SENTENCE:	17 August 2016
CASE MAY BE CITEDAS:	DPP v Alexander
MEDIUMNEUTRAL CITATION:	[2016] VCC 1273

REASONS FOR SENTENCE

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APPEARANCES:	Counsel	Solicitors
For the Director	Ms A. Hassan	OPP
For theAccused	Ms M. Foley	VLA

VICTORIAN GOVERNMENT REPORTING SERVICE

7/436 Lonsdale Street, Melbourne Vic 3000 - Telephone [phone]

HIS HONOUR:

1Christopher Alexander, you have pleaded guilty to one charge of criminal damage, one charge of assaulting an emergency worker on duty, one charge of attempted armed robbery and two summary charges of unlawful assault. The maximum penalties for the offences are:

·     Criminal damage, ten years' imprisonment;

·     Assaulting an emergency worker on duty, five years' imprisonment;

·     Attempted armed robbery, 20 years' imprisonment; and

·     Unlawful assault, three months' imprisonment or 15 penalty units.

2I have heard a summary of the offending. It is not my intention to repeat the whole summary. It has been tendered as Exhibit A in the plea proceedings.

3Briefly, on 25 August 2015 you got into an argument with the victim over wanting to use her vehicle. The victim was your partner at the time. You were at your home when you grabbed her by her shoulders, grabbed the back of her hair, pulled her head back and forcibly moved her out of the way, before you left the room. This conduct left the victim’s right arm sore and bruised.

4Later, on 29 August 2015, your partner left the house with her son to get away from you. As she was reversing out of the driveway, you tried to open the car door and started hitting the window. The victim then left the premises and you smashed two windows at the house and kicked the victim’s television screen in. The conduct described on these two dates is the subject of the two related summary offences and the first charge on the indictment.

5The victim of this offending has provided a victim impact statement in which she details the emotional harm she and her child have suffered as a result of your offending. In addition, she has not been able to afford to replace the broken windows or the television.

6I accept you counsel’s submissions that this offending is at the lower end of the offending scale for these sorts of offences.

7Charges 2 and 3 on the indictment relate to offending committed early on the morning of 14 January 2016. At approximately 6.55 am police received a call from residents concerned about your behaviour in Sparks Road, Norlane. You were in possession of a taser and you were behaving erratically.

8Sergeant Peter Meath attended and you fled the scene. He attempted to follow you, stopping the police vehicle in Plume Street. He got out of his vehicle and you ran straight at him with your right arm raised, holding the taser. You activated it. You stopped approximately two metres from the police officer and yelled “Fuck off, I’ll kill you, just fuck off”.

9You then ran towards a car driven by Mr Ellmer which had stopped behind the police vehicle. You tried to open the driver’s door. The police officer called out “Don’t let him in, don’t let him in.” You ran round the car to the passenger door and entered the car. After screaming “I want your keys”, you activated the taser and pushed the device into the victim’s right shoulder. After a brief struggle, you fled the vehicle.

10You were arrested at 135 Sparks Road. The taser was no longer in your possession. You were interviewed and remanded in custody. You told the police that you had consumed three quarters of a bottle of Johnnie Walker just prior to your arrest and .2 grams of methylamphetamine in the preceding two hours.

11The offending on 14 January 2016 is serious offending. You assaulted a police officer by pointing a taser at him. The police officer was performing his duties and you tried to use a weapon to stop him. Fortunately, you were far enough from him to avoid hitting him. The officer suffered no physical injury.

12You then attempted to steal a motor vehicle by entering a car and using the taser against the driver. You demanded the driver’s keys. Clearly it was your

intention to take the car and escape from the police. This is not an offence at the lower end of the scale. Whilst it is true that your behaviour was spontaneous and unplanned, you entered another person’s vehicle whilst armed, you demanded the driver’s keys with the intention of escaping the scene and you actually used the weapon against the victim. You had consumed alcohol and drugs prior to the offending. Fortunately, the victim did not suffer a physical injury and only sustained modest emotional harm.

13In this case general deterrence, denunciation and just punishment are all highly relevant sentencing considerations.

14You have a significant and relevant prior history. It commences with two appearances in the Children’s Court. These offences, relating to the possession of alcohol and the possession of drugs, foreshadow your future problems with drug and alcohol abuse.

15In February 2008 you were placed on a community-based order, which included conditions to address drug and alcohol abuse and psychological problems. You breached the order and in September 2008 you were sentenced to a term of 12 months detention in a youth justice centre.

16In October 2009, you appeared in the County Court for offences that included aggravated burglary and intentionally cause injury. The offences occurred in November 2007 and at that time you were using the drug ice. You were sentenced to an effective term of 12 months' imprisonment with a three month minimum term.

17In her sentencing remarks the judge noted that you had seen a psychologist, Mr Ball who considered that you had some insight into the harm caused by substance abuse and that you were drug free and that you intended to remain that way.

18In November 2012 you were placed on a community corrections order for an

offence of intentionally damage property, and a partially suspended sentence for a charge of recklessly cause injury. You breached both orders and, in October 2013, you were sentenced to a total effective imprisonment term of 15 months' with a six month minimum.

19Given this history, specific deterrence and protection of the community are relevant sentencing considerations.

20I accept that you come from a background of abuse and disadvantage. Your father was a violent man who was also an alcoholic. Your mother, who provided a written statement to the court, explained how her husband would become very aggressive and violent towards her. She detailed one particular incident when she was attacked and you intervened to assist her. You would have been about six years old at that time. She did not recall your father being directly violent towards you, but you did witness what was happening to her on a regular basis.

21Your mother and father separated when you were nine years old, and when you were 12 you went to live with your father. That arrangement lasted six months. When you returned to your mother you explained how your father had been violent towards you.

22Family violence can be particularly harmful for a young child. I am satisfied that you have been adversely affected by your exposure to violence at a young age.

23You have been assessed by a psychologist, Dr Cunningham. You told him that you were a problem child. You were prescribed Ritalin. You were expelled from school in Year 7 and left the family home at the age of 13. You have been using cannabis since the age of 13 and amphetamine since the age of 13. You have been homeless for long periods since leaving home. You have also spent time in custody.

24There are competing principles operating in this case. On the one hand my sentence  should  recognise  the  considerable  disadvantage  that  you  have

suffered in your life and your moral culpability should be moderated accordingly. On the other hand, you have been given many opportunities to change your behaviour, and you have shown limited ability to do so. In these circumstances, the principle of the protection of the community must be given appropriate weight.

25You are only 26 years old. I accept that rehabilitation is still a relevant sentencing consideration. However, your past history and the seriousness of the attempted armed robbery, mean that rehabilitation will not be given the same weight that would have been given had these factors been absent.

26Your prior history and the seriousness of this offending also explain why I am extremely guarded about your prospects for rehabilitation.

27You will be given appropriate credit for your early plea of guilty. It is an acknowledgment of your responsibility and is indicative of remorse. Your plea has saved the victims from the trauma of giving evidence and also saved the community the cost and expense associated with a criminal trial. You will be given credit for all these matters.

28Dr Cunningham, opines that you suffer from post-traumatic stress disorder.

Your sentence should be moderated because imprisonment will be more onerous for you than it would be for someone without that disability.

29Your counsel submitted that a period of imprisonment coupled with a CCO would be an appropriate order in this case. I disagree. The seriousness of this matter, makes such an order inappropriate.

30Mr Alexander will you please stand.

31On Charge 1, on the indictment you are convicted and sentenced to six months' imprisonment.

32On Charge 2, convicted and sentenced to six months' imprisonment.

33On Charge 3, convicted and sentenced to three years' imprisonment.

34On the summary assault on 25 August 2015, convicted and sentenced to two months' imprisonment and on the remaining summary assault, convicted and sentenced to two months' imprisonment.

35I order one month of the sentence on Charge 1, and two months of the sentence on Charge 2, be served cumulatively upon each other and upon the sentence imposed on Charge 3. This makes a total effective sentence of 39 months. I order you serve 26 months before being eligible to be released on parole.

36I declare that you have served 212 days pre-sentence detention.

37Had you pleaded not guilty and been found guilty after trial, I would have sentenced you to a total effective term of four years' and six months' with a minimum term of three years and six months'.

38Yes, thank you. Is there anything else?

39MS HASSAN: No, Your Honour.

40HIS HONOUR: Yes, the prisoner can be removed, thank you.

41(Prisoner removed.)

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