Director of Public Prosecutions v Boros

[2018] VCC 1457

IN THE COUNTY COURT OF VICTORIA Revised
Not Restricted
Suitable for Publication

AT MELBOURNE
CRIMINAL JURISDICTION

CR 16-01957

DIRECTOR OF PUBLIC PROSECUTIONS

v

ALEX BOROS

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JUDGE:	HIS HONOUR JUDGE CHETTLE
WHERE HELD:	Melbourne
DATE OF HEARING:	12, 13, 14, & 15 February 2018
DATE OF SENTENCE:	6 August 2018
CASE MAY BE CITED AS:	DPP v Boros
MEDIUM NEUTRAL CITATION:	[2018] VCC 1457

REASONS FOR SENTENCE
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Subject:
Catchwords:
Legislation Cited:
Cases Cited:
Sentence:

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr D. Maguire	Office of Public Prosecutions
For the Accused	In Person

HIS HONOUR:

1Alex Boros, you have been convicted by a jury of one charge of using a carriage service to menace and two charges of making a threat to kill.  You have admitted a prior criminal history.

2In 2007 you completed a bond without convicted for possession of cannabis. In 2012 you were fined for an offence of induce, assist a child to be absent and received a s.19 Crimes Act 1914 bond for an offence of using a telephone communication service to harass. I was told that that related to your interaction with the Department of Health and Services.

3Subsequently, in 2012, 2013 and 2014 you were before the Geelong Magistrates' Court on unreasonable noise emission charges, receiving a bond and fines.

4The facts of your offending before me are as follows.  You have a history of conflict with DHS in relation to the care of your daughter, Ashleigh. 
Helen Sullivan was an advanced child protection practitioner with that organisation.  On 12 April 2016 you sent a number of text messages to
Ms Sullivan.  At 1.27 pm you wrote,

"Is this how magistrates and child protection raise kids.  You cunts should all be lined up and shot in the fucking head and your kids beheaded so your line is put to an end".

5At 1.48 you wrote,

"Ashleigh needs a mini skip Helen, unless you fucking cunt - Helen, you useless fucking cunt, and new doors, a fridge, washing machine, TV, laptop, phone, clothes, that was stolen when DHS took Ash from the house to clean up and she left the majority of rubbish at house.  Answer your fucking phone, Helen".

6At 11.18 pm you wrote,

"For the record the big government child protection ignoring all my calls, any my concerns for kids being - wellbeing and sending the police to my house only makes me want to kill you lowlife cunts even more, if that's even possible.  I dream about killing magistrates and DHS workers every night, you stupid fucking cunt.  You think I give a fuck if you send the boys around.  The world would be a better place with all you cunts off it.  Fucking child raping, lowlife, destroying cunts, the lot of you.  Keep ignoring my kid and those priest loving magistrate, dirty fucking cunts, if I flip my shit cause you're all fucking scum, ignore me for ten years, I really don't think the police will be of any use to any of you to be perfectly honest, you fucking cunt."

7OFFENDER:  What was that last one?

8HIS HONOUR:  At 11.20 you wrote,

"If a magistrate keeps sending me back to gaol is - kill his family, his car, his dog and dismember the fucking cunt slowly in a bath of salt and vinegar".

9OFFENDER:  That's wrong.

10HIS HONOUR:  Ms Sullivan was traumatised by these messages.  She was fearful and contacted police.

11OFFENDER:  (Indistinct words.)

12HIS HONOUR:  You were arrested on 13 April 2016 and were refused bail by a bail justice.  You were aggrieved by that decision.  You telephoned the Honouree Justice office and spoke to Julia Young at about 4.10 pm on Wednesday 11 May 2016.  She told you that your complaint could not be progressed under the relevant legislative provisions.  You demanded the name of the magistrate, that it be provided to you.  When Ms Young refused you said that you would find out the name of the bail justice one way or another.  You said you would camp outside his home and, "Fucking kill him".  You said this a number of times and Ms Young had grave concerns for the bail justice.  She subsequently contacted police.

13On 13 May, two days later, police attended at your residence in Corio and arrested you.  You were cautioned, advised of your rights and placed in a police car.  On the way back to Geelong police station you were, "Ranting and raving", about your concerns for the courts, child protection and DHS.

14When you reached the police station you said to Detective Sergeant Rangers,

"How about I rape and kill you and your kids.  Mark my words, you don't know what I know, I'll get you and your kids".

15You represented yourself at your trial.  You denied that the text you sent to
Ms Sullivan were threatening and you denied that you threatened to kill the bail justice and Mr Rangers or his children.  The jury acquitted you of a charge of threat to kill in respect of the messages you sent to Ms Sullivan, but convicted you of the alternative charge of using a carriage service to menace.

16You have evidence upon your trial.  You denied the charges.  The jury clearly did not believe your evidence.  They accepted that the messages sent to
Ms Sullivan may reasonably have been expressions of opinion, designed to menace rather than actual threats to kill.  The jury accepted the evidence of Bow Smith Young and Mr Rangers on reasonable doubt.

17The offences for which you were convicted are serious criminal offences.  Using a carriage service to menace has a maximum penalty of three years' imprisonment.  Threat to kill has a maximum penalty of 15 years' imprisonment.

18It is clear that your offending represents a serious example of both offences.  I pause here.  No victim impact statement have been filed in respect of this case.

19The messages you sent to Ms Sullivan were grossly offensive, vulgar and disgusting in tone, and employed crude and uncouth language.  The jury was satisfied beyond reasonable doubt that your sending of those messages constituted using a carriage service to menace.

20You are now 42 years of age, being born on 27th of - you are now 43.  Being born on 25 May 1975.  You are currently employed and receive a disability pension.

21Your background, such as it is, is set out in a limited way in the psychological report from Forensicare I obtained.  I will pause perhaps to deal with that report in more detail later.

22You indicate that your mother died 17 years ago from a heart attack at the age of 38 and your father died five years ago.

23OFFENDER:  (Indistinct) 48.

24HIS HONOUR:  You said that your mother had worked at the Ford Motor Company, but your father had not regularly worked.  Your father, apparently, had some mental health issues.

25You have siblings, but you describe them, "Fuck heads".  You were educated to Year 7 or 8 level, but left because you were disgusted with the education department.

26You have had some labouring work over the years in gardening and maintenance in particular, and predominately you made money from mowing loans.  You have been in a receipt of a disability pension for about ten years and you have maintained that you own some rental properties.

27Because of the somewhat irrational and grandiose manner you behaved at your trial, I ordered a pre-sentence psychological report be obtained.  Parts of your final address, or ramble to the jury, can only described as truly bizarre.  For example, at p.219 of the transcript you said this,

"There's not many complex things, it's not rocket science.  The world is not rocket science.  It's the idiots that run it that make it rocket science, because there's a much better way to do it.  Because that's what I do in my spare time.  I know how to speed the world up, I know how to clear the water.  I know how to fix the air up, cause I get bored at night and I can't sleep.  I can change the direction of the world, I can understand that.  I can slow it down, I can speed it up".

28At p.221 you continued in a similar vein,

"Now, Elon Musk, he's building a car.  It's a piece of shit, because I've designed one of them as well.  I've designed a rail that covers your country, here.  I'm never going to write anything down, I'm never going to tell anyone because this is your world.  I've designed food, air and water, fire and electricity."

29The psychological report that I previously referred is relevant for a number of reasons.  You initially failed to attend a further psychiatric report.

30OFFENDER:  I was in the process of (indistinct.)

31HIS HONOUR:  Well, you failed to attend when I adjourned this hearing so that you could.

32In any event, the psychological report from Forensicare starts with describing you telephoning the - and I mark that as Exhibit A on the plea.  A copy of the psychological report dated 30 April 2018 will be Exhibit A on the plea.

33He, being you, telephoned wanting directions to the Forensicare.  You were told you needed to find your way to Queens Parade.  You reportedly called the Queen a "fucking slut" and a "junkie".  "What you all think she's a ripper, but I know the truth.  Give her a call for me and tell her that she's a slut".  When given directions Mr Boros replied,  "I've got dementia, how do you expect me to remember".

34You arrived in a condition described as labile, elevated and disinhibited, and surprisingly they indicate that you swore profusely.  Subsequently, the author reports,

"I did wonder at this point if his presentation was underpinned by substance, a hyper manic state, psychosis or even some form of frontal lobe impairment".

35In relation to your current offending you continued to maintain that you were innocent.  You denied the conduct to which I have already referred, but did say that the offences occurred in the context of alcohol consumption when you had been drinking an allotted beer and Wild Turkey.

36You have had, the author reports at paragraph 36,

"Inspection of the state wide mental health database indicates that
Mr Boros has had many contacts with both the University Hospital Geelong, Barwon Health and with the La Trobe Regional Hospital between 2012 and 2016.  He has been placed on various assessments and compulsory treatment orders and it appears that he has been hospitalised on a number of occasions.  He has received numerous diagnosis during this time, including acute transient psychotic disorder, unspecified
non-organic psychosis, hypomania, disturbance of activity and attention, unspecified non-organic psychosis and other specified behavioural and emotional disorders.  In April 2016 you were diagnosed as dissocial personality disorder.

37The author reports at paragraph 41 that towards the end of his interview with you, you spoke of getting out of this shell and hurting people, and fucking everybody.  You were pacing around the room and spoke of others, including the Rothschild, the Freemasons and being invisible.

38No formal psychological assessment was conducted, because the author was of the opinion that your presentation suggested that the likelihood that any assessment would not be valid.

39Under opinions and recommendations the author said at paragraph 49,

"His unduly frequent use of course language throughout his dealings with our service appeared incongruent, in that he was otherwise personable and cooperative, and lacking in hostility.  This presentation was suggestive of an underlying and untreated medical or psychiatric condition.  His apparent disinhibition can be seen in those with impaired frontal love functioning, hypomania or even a psychotic disorder.

40"I note [says the author] that the final diagnosis he received in 2016 from Barwon Health was dissocial personality disorder and wondered if this was a reflection of the great difficulty that this service has encountered in the past in attempting to deal with Mr Boros and his challenging presentation.  My observation was that this diagnosis does not fully account for Mr Boros' presentation.

41"In summary, Mr Boros requires a thorough psychiatric medical and neuropsychological assessment and appropriate treatment and ideally this could be incorporated in any disposition, whether custodial or community based that he receives".

42Because of that recommendation I extended your bail, with a condition that you attend for a psychiatric assessment.  You failed, as I said, to attend for that psychiatric assessment.

43OFFENDER:  I've got a good reason for that.

44HIS HONOUR:  The local paper, as you know, got it completely right when it pointed out that the time lost and taxpayers funds wasted in the lengthy trial of these matters.  The court did everything possible to give you a fair trial, but you were your own worst enemy.  Refusing advice, demonstrated absolutely no remorse for your crimes.  In my view, you are a real threat to society and deliberately seek to threaten and intimidate government officials and police.  In my view, nothing other than a term of imprisonment is appropriate for your offending.

45On the three charges that you are convicted you are - of which the jury found you guilty, you are convicted.  On Charge 2, the charge of using a carriage service to menace, you are sentenced to be imprisoned for six months.  On Charge 3, the charge of threat to kill, relating to Ms Young, you are sentenced to be imprisoned for 12 months.  In respect of Charge 5, threat to kill Mr Rangers and his family, you are sentenced to be imprisoned for 12 months.

46I order that three months of the sentence imposed on Charge 1, three months of the sentence imposed on Charge 5 be cumulative upon the sentence imposed on Charge 3, which I declare to be the base sentence.  That is a total effective sentence of 18 months' imprisonment and I order that you serve
12 months before being eligible for parole.

47Now, PSD was 203 days, he has got some more since - another three days, I assume.

48MR MAGUIRE:  Yes, Your Honour.

49HIS HONOUR:  To Friday, Saturday, Sunday.  I declare 206 days, not including today, has already been served by way of pre-sentence detention.  Is there an application for a 464 order or not?

50MR MAGUIRE:  No, Your Honour.

51HIS HONOUR:  All right.

52MR MAGUIRE:  Your Honour, the only matter I'd mention, that Charge 2 is a Commonwealth offence.

53HIS HONOUR:  Yes, I have got to stipulate the starting time.  I will order that all charges - Charge 2 commences today.

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