Director of Public Prosecutions v Brenan

[2016] VCC 1545

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR-16-00918

DIRECTOR OF PUBLIC PROSECUTIONS

v

BENJAMIN BRENAN

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JUDGE:	HIS HONOUR JUDGE STUART
WHERE HELD:	Melbourne
DATE OF HEARING:
DATE OF SENTENCE:	13 October 2016
CASE MAY BE CITED AS:	DPP v BRENAN
MEDIUM NEUTRAL CITATION:	[2016] VCC 1545

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

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APPEARANCES:	Counsel	Solicitors
For the Office of Public Prosecutions	Mr D. O'Doherty
For the Accused	Ms A. Burnnard

HIS HONOUR:

1Benjamin Brenan, you have pleaded guilty to one charge of aggravated burglary, which carries with it a maximum penalty of 25 years imprisonment.  Two charges of criminal damage, which carry with them a maximum penalty of 10 years and one charge of persistent contravention of family violence notices and orders, which carries with it a maximum penalty of five years.  In addition, you have pleaded guilty to the summary offence of unlawful assault, which carries with it a maximum penalty of three months. 

2For a complete understanding of my reasons for sentence, it would be necessary to read the discussion during the course of the plea.  In the circumstances of this particular matter, I do not intend to follow my usual course of setting out the circumstances of the offending at the beginning, for it is necessary to set the background out in relation to your previous offending in order to provide a proper context to the matters for which I must sentence you.

3I turn to your prior criminal history and the circumstances of offending leading up to the events of 29 and 30 January this year. 

4You have a criminal record which encompasses no less than 14 pages, accumulated up till your age of 20.  It is one of the worst criminal records for someone as young as you that I have encountered.  It encompasses no less than 10 Children's Court appearances between 1 February 2011 and 7 November 2013 and five adult court appearances in the Magistrates' Court between9 October 2013 and your last appearance before a court on
5 August 2015.

5In the usual course of events, I would put aside any Children's Court appearances because of the nature of that court and the age at which persons are brought before that court.  But in the circumstance of this case, because of the nature of the offending and its persistence, I do take into account those appearances.

6In the Children's Court, you have been placed on probation twice and breached one of those probations.  You have been placed on an undertaking to be of good behaviour and complied.  On no less than seven occasions you have been placed on youth supervision orders and breached two of them. 

7In addition, you have been placed on a community corrections orders, one of which you breached and were dealt with on 16 April 2014 for the second, you were placed on 5 August 2015 for a period of 24 months. In addition, you have been dealt with by way of a youth training centre order and a suspended sentence.  Thus, you have been dealt with by all manner of different sentencing dispositions. The offending I deal with today occurred during the course of that community corrections order. 

8In your fifteen court appearances you have been dealt with for no less than 83 offences, 28 of which involved offences involving violence or offences relating to violence.  But it is your most recent offending that is of greatest concern and it is to that, that I must turn.

9On 4 March 2015, you were dealt with at the Latrobe Valley Magistrates' Court on one charge of recklessly causing injury, two charges of unlawful assault and two charges of failing to answer bail.  You were sentenced to an aggregate period of four months imprisonment which was wholly suspended.  In relation to the failing to answer bail, you were fined. 

10Four days later, you committed two further offences.  One in relation to threatening to inflict serious injury, and another, threatening to destroy damaged property.  That offending is set out in the summary Exhibit 6 and relates once again to offending against your ex-partner, just as the offending for which I must sentence you relates to your ex-partner.

11On Sunday 8 March 2015, between 1 pm and 4.30 pm, you sent your victim no less than some 56 text messages.  These related to your commentary on how you were going to come to see your two children and included numerous threats if denied access by her.  You threatened the victim with messages including "I'm not gonna leave until I see my kids Sam I promise it.  I'll find you one way or the other" and "I'll be seeing my kids if not you end up with a knife in the ribs cunt".  You then went onto threaten to damage her property with messages which included "I'll smash everything you have" and "I just smashed up ya house to cunt". 

12One might have thought that the fact that you were on a wholly suspended sentence no less than four days before would have dissuaded you from engaging in the conduct that you did.  The conduct that was being dealt with in the Magistrates' Court for which you got the four months wholly suspended also related to violence.  A little under one month after you received the suspended sentence, on Friday 3 April, you came across a drunk male in Dawson Street, Sale.  A minor altercation took place between yourself and him, resulting in you both losing your mobile phones.  You collected the other male's phone and returned home.  You then returned to the scene to get your own phone which was located in the centre of the road.

13You spoke to the other male's friend, Tori Harrigan and Desiree Higgins and they went with you to your house to collect their friend's phone.  You invited them in and had a cup of tea with your mother.  You then became very aggressive and told them to leave, picking up a tomahawk and waving it about and yelling at the women and saying to Mrs Higgins, "Get the fuck out of my house before I cut you up" and "You and your friends are dead".

14As she was running out of the house, you threatened to get his family and bash them and said "Don't be surprised if I turn up on your doorstep".  She took your threats seriously and feared for her safety.  The suspended sentence had been suspended for a period of 12 months and you had by this point breached it twice within a month.  You were charged with making a threat to kill which I will come to that in due course. 

15Seven days later you attended the address of one of your victim's, Ms Singer. By that stage she had had a final intervention order granted in the Bairnsdale Magistrates' Court on 12 March 2015.  You were served with a copy of that on 1 April 2015.  It was nine days later that you attended at her address.  You were intoxicated and were told that she did not want you around her or the children in such a state and she asked you to leave.

16You became agitated and aggressive.  She refused you entry a number of times.  But a short time later you entered the house, possibly via an unlocked window.  A verbal dispute then occurred between you while the children were asleep in another room.  You were again asked to leave the house, but you told Ms Singer that you would not leave until police arrived.

17She picked up her mobile phone to contact police and you grabbed the phone and refused to give it back to her.  Police later on attended and found you outside the address.  When asked why you were aggressive towards her, you stated "Maybe to her, but not personally not in my mind frame, I don't feel that I was being aggressive, but maybe to her.  Women look different compared to how males look at things".  When asked if what you did to the victim was enough to place her in fear, you responded "Probably" and said "I would rather hurt a girl emotionally, than physically".  You were charged in that matter with contravening a final intervention order. 

18The randomness of your behaviour is further illustrated in relation to further crimes you committed of stalking two other different people.  You were the ex-son-in-law of the victim Cindy Gurney.  On 18 June 2015 at about 2am, you began sending a series of sexually explicit messages to her via Facebook.  There were in excess of 50 such messages over a period of 12 hours and they became increasing explicit.

19The messages were very offensive to the victim, including "Hand on my cock, I could make your bed rock" and "You have a nice wet and warm box.  I wanna have a hit of it".  She blocked you on Facebook hoping the messages would stop as they made her sick.  But you created multiple Facebook accounts and continued to harass her.  She has never had any sexual relations with you. 

20Seven days later, on 25 June 2015, you turned your attention to Crystal Singer who is the sister of the victim in this matter.  You sent her 75 private messages via Facebook.  Each of them were sexually explicit and offensive, including "I love to just stick my cock in your mouth or your box" and "Are you scared of my cock?  I wanna to suck an lick an finger bash an fuck that nice box of yours girl".

21The messages also included a photograph of you and an image of a penis.  Again, this particular victim had never had any sexual relations with you.  As a result of your actions both of these victims felt afraid.  When spoken to by police, you made no admissions in relation to the messages but stated that you had approximately seven different Facebook accounts and that four of them had been hacked.  When asked about the messages you lied and said "I didn't send that shit". 

22You were arrested in relation to these matters on 30 June 2015 and came before the Bairnsdale Magistrates' Court on 5 August 2015, having by then spent some 40 days in custody.  You were charged in relation to offences that I have referred to, threat to inflict serious injury, threat to destroy damaged property, contravening a family violence intervention order, stalking another person, making threat to kill, possession of cannabis and two charges of failing to answer bail.

23On all the charges, you were sentenced to an aggregate 40 days imprisonment and in relation to the breach of the suspended sentence order, that sentence was activated in whole.  Upon your eventual release, you had also been placed on a community corrections order for a period of 24 months.  Thus what happened, was you were arrested on 30 June 2015, dealt with in the Bairnsdale Magistrates' Court on 5 August 2015.  The 40 days that you had spent in custody was taken into account.  The four months of your suspended sentence was activated, with you then being released on 4 December 2015 on the community corrections order.

24Within two months of having spent approximately five and a half months in prison, and whilst under that community corrections order, you committed the offending that is before me. 

25The community corrections order was, as I have said, for 24 months, starting on 4 December 2015.  It had attached to it that you perform 200 hours of community work and that you receive assessment and treatment for drug abuse, alcohol abuse and mental health assessment and treatment as well as offending behaviour programs and such other treatment and rehabilitation as is directed.  You were to be under the supervision of the Secretary.  However whilst on this community corrections order you received no treatment or assessments.

26I now turn to the circumstances of your offending.  You had been in a relationship with your ex-partner Ms Singer for approximately two years and had two children together, Jordan who is nearly four and Zavier who is two.  Those children reside with Ms Singer. 

27At the time of the offending there was a family violence protection order in place, which was granted on 12 March which you were served with on 1 April.  At the time of the offending, you were 20 years of age and are now 21.  Between 29 January 2016 and 30 January 2016, Ms Singer received 82 text messages from you.  A large number of these messages were of a threatening nature. 

28Photographs were taken of some, if not all, of those messages. Those photographs became Exhibit 10 on the plea.  I will read some of them.  Leading up to 29 January 2016, you wrote "Your asking for a beaten".  A minute later at 2.29 pm, "Your a slut".  Then at 5.21 in the afternoon, "Don't think you're gunna get away with it cunt I put Jordan's life on it".  Jordan being your eldest son.  "IL make sure your been bashed by the end of tomorrow word" and a little later at 5.22, "Me sister and a few boys will see you cunts tomorrow".

29She replies at 5.36, "Oh it's for the boys and me this time, so you come near my house or my kids ya done mate.  Have fun back in gaol ya silly little boy".  Two minutes later at 5.38, you respond, "Think I give a fuck.  They know where to find me cunt I'm not hiding.  It's not a threat it's a promise dog.  Cops don't even show up unless they know there got back up an got something good on me cunt if an ivo gets served on me you be fucked".

30A few minutes later you text at 5.41, "If I go to gaol again over you for 3 time your whole house will get trashed, I promise it".  Then at 5.47, "I Do jail easy.  Bitch you face will get smash cunt".  Then at 10.51 you wrote:

"I just lost it at my mum now I don't know where I'm going to live I just went of at her about shit how I've grown up an having no respect for women an my brothers shit along with my sister am uncle my pop an Nan the hole lot now I'm on the streets idc a y ways IL rather be in jail than live the life I'm living".

31Then in the early hours of the morning of 29 January 2016 you write at 1.14 am, "That's how fucked I am on drugs right now Sam I'm about to kill you like dead set" and then later at 7.38 pm, "I hung up to you little slut your dead cunt I'm Gunna punch your dog ugly pimple face in".  There are more text messages, but these are sufficient for my purposes.

32You also sent messages via Facebook. These are set out in photographic form in Exhibit 11. They were sent by you over the period of 29 and 30 January.  You wrote, "With me or you be seeing me again but this time it be different.  IL make you get in that bed and open those legs and make you get full on naked for me.  Then if you go to the cops IL put some change on your head (: because I'm a boss" and then you have added a winking emoticon image. "Because I'm the man.  I'm hoping you tax keep the risk so I can end this whole saturation".

33Later you wrote:

"I'm comming to bdale tonight we gunna sort this out once a week for all.  Who ever you got Gunna get shot on the spot.  Don't believe I can't get my hands on a gun duck then your dumb got Gunna get shot on the spot.  Don’t believe I can’t get a gun duck then your dumb.  The problem is you think I'm a joke well the old NE is back with his not good for no cunt I've got nothing to loose witch is not good even the cops can't protect you Sam aha ha-ha-ha think about that, I'm a machine.  that was nothing compared to what coulda happen.  Your a bad snitch and you will not get me in jail for a 3 erd time.  It will not happen.  Cops can't even hold me on 19 teen charges".

34You used text messages and you used Facebook, but you were not content simply with that.  For you also rang her at approximately 10 pm on that night, 29 January.  Ms Singer recorded that telephone call.  It is plain that you were in a rage and ranting.  Not all of what can be heard is decipherable, but sufficient of it is.

35At about four minutes and thirty seconds into the phone call, you can be heard saying:

"You're dead, you understand?  You're dead" and at about the five minute and seventeen second mark, you can be heard saying "I'm gonna smoke some drugs, I'm gonna have a few cigarettes, I'm gonna get my mate Jesse to drive me to your house.  I'm gonna put 3 or 4 bricks through your window, the front lounge room window. and your window. right.  and while I'm at your house if I find there's some guy there, I'll burn the cunt fucking house down after I get the kids outside.  And after I do that I'm gonna make you suck me cock".

36At the six minute and seven second mark, you can further be heard saying:

"I swear to God.  I will actually rape you cunt.  ya understand?  Yeah, I'm gonna rape ya. and if anybody's home I'm gonna punch his teeth, head-butt you in the nose and then piss on ya".

37In the early hours of the following morning, 30 January, between 1 am and 1.30 am in the morning, Ms Singer was asleep in bed.  She woke to hear a noise of the front door opening and saw you inside the front door, opening the door, to let someone else in.  She assumed that you entered through your son's bedroom window that does not lock. 

38You entered her bedroom holding a plank of wood.  Fortunately, you did not use it and you left it behind when you left the premises.  The unknown offender, your accomplice, also had a plank of wood which he took with him.  You then walked into her bedroom armed with that plank of wood and came to where she was sitting and told her you wanted to talk.

39She attempted to grab her phone to call the police, however you kept pushing it from her hands.  She told you to leave, to get out.  You told her you wanted to talk.  You were described as aggressive.  Whilst this was happening, the unknown male stood in the bedroom doorway.  Ms Singer started to get aggressive with you as you would not leave and pushed you a few times.  She believes she scratched you in that process.

40The circumstances thus far constitute the charge of aggravated burglary, Charge 1.  You then grabbed her by the arms and pushed her against the wall saying that you do not hit women.  That is the summary charge of unlawful assault.  You were right in her face and smelt of alcohol.  She pushed you again and describes you as getting really angry.  You then kicked the table where the TV was sitting and then the TV itself.  Then you threw the TV against the wall, smashing it and causing a hole in the wall.  Charges 2 and 3, criminal damage relate to those matters.

41Your victim showed enormous strength, despite what she had been subjected to in the past and earlier in the evening, as well as whilst you were in her home.  She was crying and trying to call the police, but still, you kept knocking the phone from her hands.  Your accomplice told you "Let's go, we should go" and they walked out of the bedroom and into the kitchen.  Eventually, your victim could call the police.  You saw her on the phone and walked back to call her "A weak dog". 

42Your attendance at the premises and unlawful assault forms Charge 4, persistent contravention of a family violence notice and orders.  You were arrested on 30 January and interviewed at the Sale Police Station.  You initially denied making contact with her and stated you had last seen her two or three weeks prior.  You denied committing any family violence. 

43You did state that you had contact through phone calls, Facebook and Snapchat and stated that in those conversations, they had both been angry with one another and the abuse went both ways.  When the specific text messages were put to you, you denied sending them.  When asked if you could confirm or deny the allegations about the contents of the text messages, you stated "Some of them are true, yeah".  You did not admit to threatening the complainant during the course of a phone call.  You denied pushing the victim up against the wall.

44In respect of attending the victim's home, you stated that she had invited you over because you wanted to see the children.  And then when he attended, you said that she was carrying on in relation to someone called Jess from Facebook.  You said that she had punched you between 10 and 15 times and that you then kicked the TV. 

45The matter proceeded by a straight hand-up brief and pleas of guilty were indicated at the committal mention hearing on 23 May 2016.  You have been in custody now for approximately eight months.

46In the victim impact statement, Exhibit 2, your victim wrote:

"On the 30/1 2016 I experienced a very traumatising event, I remember this as like it happened just yesterday.  As my ex-partner (Ben Brenan) the father of my children, broke into my home while the kids and myself were sleeping.  Jumping threw the kids bedroom window to then open the front door to let a friend in also, whilst both carrying planks of wood.  At this point in time, I was feeling very frightened and very worried for the safety of my kids in the other room. 

I wasn't certain on there intensions, or what I did wrong to deserve such abuse.  I remember standing there scared, very upset and feeling very helpless. 

You think you know a person, but experiencing such a horrible thing and knowing he was capable of such a thing has made me scared and worried what else he is capable of.  Still till this day I sleep in fear hoping he won't come back again, which has led me to move elsewhere before he is released. 

Not only will I not get back the things that were taken or broken but that strong woman I used to be".

47It would seem that 2015 and into the early part of 2016 was a period where you were on a campaign to threaten and intimidate your ex-partner.  Not only during 2015 did you commit the offences whilst under the suspended sentence, in the most of extraordinary of circumstances, having been released on
4 December 2015, in under two months you committed these offences.  All in breach of intervention orders that had been put in place to protect her.  All in breach of a suspended sentence and a community corrections order. 

48It would appear that for you, court orders are but pieces of paper.  Not only did you commit these offences by entering her premises, but you chose to bring another male along, you chose to arm yourselves, to enter her home in the early hours of the morning whilst she was asleep.

49Given your prior criminal history, the events leading up to these matters, over the period of 2015 and the messages you sent via text message, Facebook and the things you said on the telephone, before your attendance in the early hours of that morning with another, is in my view not only serious offending, it is a high level of offending.  Suggestions to the contrary by Ms Burnnard, your counsel, I reject.

50In the Court of Appeal decision of Hemit Filiz v The Queen 2014 VSCA 212 President Maxwell and Justice of Appeal Redlich in a joint judgment wrote at paragraph 21:

"Senior counsel for the applicant rightly conceded that general deterrence is a significant sentencing factor in this case, not only in relation to aggravated burglary generally, but most particularly in relation to violent offending against a former domestic partner.  Of particular significance is the fact that the applicant was already subject to a Family Violence Intervention Order.  Offending of this nature is too often perpetrated by men whose response to the breakdown of a relationship is one of possessive, violent rage.  It goes without saying that such a response, to what is a common human situation, is utterly unacceptable.  This court has made it clear that such offending will attract serious consequences and even harsher penalties where it involves the breach of an order which exists for the victim’s protection".

51Those statements are apposite to this case.  Earlier, in a judgment delivered on 7 August 2014, the matter of Peter John Gale v The Queen 2014 VSCA 168 in a differently constituted Court of Appeal, comprising Weinberg, Whelan and Beach JJA.  Their Honours in a joint judgment, at paragraph 40, said:

"Despite the Crown’s concession that the sentence on charge 3 was manifestly excessive, we consider that the sentence of three years and six months for the aggravated burglary was within range.  The applicant has not satisfied this Court that a departure from the principles laid down in Hogarth is warranted.  This was a serious example of what might be described as ‘intimate-partner’ aggravated burglary.  It could easily have had catastrophic consequences.  The applicant broke into his ex-partner’s home armed with a cattle prod, intending to confront its sleeping occupants, in breach of an undertaking given nine days earlier.  These types of incidents all too often conclude with a tragic outcome.  General deterrence is paramount.  Specific deterrence also needs to be accorded considerable weight, particularly in light of the applicant’s breach of the undertaking.  Society demands that behaviour such as this be punished severely.  We would therefore affirm the sentence imposed by the sentencing judge in relation to charge 3".

52This case is a serious example of serious offending, as evidenced by the fact that Parliament has set a maximum of 25 years imprisonment for an offence of aggravated burglary.  I now turn to your personal background, but before I do so, I will take a five minute break.

53(Short adjournment.)

54HIS HONOUR:  I have had the benefit of a very thorough and thoughtful plea presented by Ms Burnnard.  In addition, the two psychological reports being tendered, Exhibits BB1 and BB2, the most recent of which is BB2 dated
29 July 2016.  It sets out your personal history and I will endeavour to set out that history in a sufficient manner for my purposes.

55Your father left your mother when you were about two years old and your siblings have different fathers.  You have an older brother now 26 years of age and a 14 year old sister.  Your brother has been released from gaol after having been sentenced to five years with a non-parole period of two and a half years for manslaughter.

56I mention that only because I have been provided with a copy by Ms Burnnard of His Honour Justice Callum's sentencing remarks delivered on 18 October 2006, which set out comprehensively your brother's background and personal history which has been of assistance to me.

57Returning to Mr Parker's report at paragraph 11, he writes:

"When discussing his childhood Mr Brenan commented that because of his mother's illness and drug and alcohol problems, life was chaotic.  It became evident that from Mr Brenan's account of his childhood that he suffered tremendously from the physical and emotional abuse from his mother and brother as well as sexual abuse from another.  The sexual abuse began from when Mr Brenan was seven and occurred regularly over three years.  Mr Brenan commented that he later made a statement to the police and the perpetrator was tried and convicted.

58Mr Parker continues:

"Mr Brenan detailed that the chaotic and abusive family environment has impacted significantly on him and his siblings. 

Mr Brenan said that he went to live with his uncle for about four years in his early teens. Although placed there by Department of Health and Human Services after Mr Brenan's mother had a mental breakdown, it was also fought with difficulties.  Mr Brenan said that his uncle drank heavily and he was frequently left to care for his younger cousins".

59Mr Parker then notes that you left home at the age of 16 and went to live in Bairnsdale.  You had apparently attended numerous schools and that you left school altogether upon completing Year 9.  You stated to Mr Parker that you missed a lot of schooling due to the chaotic dynamics in your household, Mr Parker notes:

"Although he missed a lot of schooling Mr Brenan said that he has largely taught himself to read and write".

60Indeed this is a commendable thing, for you have written a letter that I have read.  It speaks to your ability in the field of reading and writing.

61In relation to your relationship history, Mr Parker notes:

"Mr Brenan reflected that the relationship has been difficult at times.  He has had an intervention order made against him.  Mr Brenan explained that his alcohol abuse has largely been the cause of the arguments.  Although there have been these difficult times they have had much joy, including having two children together.  Mr Brenan told me that little has changed since the last report.  He readily acknowledged that alcohol and drug use have impacted his relationship with Samantha and it is also the reason why he is on remand".

62You commenced using cannabis and drinking alcohol from the age of 14,  I am told by counsel, so that you can in effect forget.  You commenced using ice in 2015 and have used amphetamines as well. 

63At paragraph 28, Mr Parker writes:

"During the assessment Mr Brenan genuinely expressed remorse for his offending and for the impact his behaviour has had on others.  He recognises the stupidity of his behaviour and he is willing to engage in psychological treatment to reduce the likelihood of his offending by improving his emotional regulation and by reducing his substance use.

Mr Brenan said that while he has not had treatment for his mental health he has undertaken various programs in prison including self- awareness programs, managing loss and some education. 

Mr Brenan believes that being released into a drug rehabilitation centre is the best way to overcome his drug dependency.  He recognised that his current poor self-control and maladaptive strategies, without treatment, increases the risk of him relapsing into drugs.  This has often led him to re-offend in the past".

64In the opinions section, Mr Parker writes:

"Mr Brenan has experienced early childhood dysfunction and a transient lifestyle, punctuated with physical and sexual abuse.  Unsurprisingly, he has engaged in drug and alcohol abuse to dampen the overwhelming and debilitating feelings arising from those traumas.  Having been psychologically damaged as a child, Mr Brenan has progressed through life, often with the assistance of alcohol and drugs. 

I believe that Mr Brenan has experienced post-traumatic stress disorder over many years including the time when the offending occurred.  He will require psychological and pharmacological treatment to assist in relieving the symptoms of this disorder.  Research suggests that those who meet PTSD criteria at around six months post-trauma are likely (in the absence of effective treatment) to show a chronic course with symptoms potentially lasting for many decades.  As Mr Brenan has not received treatment for this disorder, it is likely that he will experience PTSD symptoms for many years. 

Mr Brenan continues to experience PTSD at moderate to severe levels and as such this impacts on him significantly.  This impedes his ability to regulate emotions and to maintain stable relationships and employment.  He vacillates between trust and mistrust in others together with periods of guilt and shame. 

PTSD cannot produce a causal link with Mr Brenan's offending but it is a significant contributing factor".

65The thrust of Ms Burnnard's plea was that since your imprisonment, you have finally, with this second period of imprisonment, reflected and become insightful and determined to change your life.  It was because of this, your remorse, your age and other matters that she has argued result in a sentence that involves no further immediate imprisonment and your release on a community corrections order.

66Because of the gravity of the offending and your prior criminal history I reject that submission.  I am, however, satisfied that you have made some decisions of significance in this most recent period of your incarceration of some eight months and this is best revealed in your letter, hand-written by you and obviously composed by you, without the assistance of anybody else, which became Exhibit BB3.

67It appropriate for me to read the whole of this letter, for it is revealing.  You wrote:

"To whom Sir or Madam of County Court. 

I've made some really bad decisions over the last five years of my life.  I have never been so ashamed and embarrassed of my actions.  Now that my head is straight, I'm starting to realise the consequence of my actions. 

I apologise to Samantha for the bad and hurtful things I have said in our relationship. 

Nothing of the sort will happen ever again. 

I have realised that my boys are the ones that suffer and hurt the most out of all of this. 

I adore my kids and I hate that I have let them down. 

This will never happen again. 

I am 20 years old and I have never met my dad, so I should know better than to leave them and argue there with there mum.  Alcohol and drugs and my emotions got the better of me on this night.  When I do leave jail I will never break the laws of Australia again. 

I apologise to Bairnsdale, Moe, Morwell and Sale police for my poor decision over the years and anyone else I have done wrong to.  It's time I started acting like a man and not a child.  I'm going to sort my life out and start making a future for myself befor it is too late. 

I don't wanna to be a criminal all my life. 

This is my second time in adult custody and its the worst place I have ever been in my life. 

I do not and will not be back once I have done my time.  I'm going to get the help I need to change my life once and for all.  I have never had so much confidence for change in my life.  Thank you for taking the time to read my letter. 

I am sorry. 

Yours sincerely Benjamin B".

68Consistent with that, two negative results for a variety of drugs dated 13 July 2016 and 19 July 2016 have been tendered as Exhibit BB4. 

69In addition, during the course of your imprisonment, you have completed such courses as you could, as set out in statement of results and certificates, Exhibit BB6 and BB7.  I also understand that you are a billet and are attending AA meetings. 

70I am satisfied that the decisions that you have made as evidenced in your letter are genuinely so made.  You have pleaded guilty and I take that as further evidence of your remorse, as well as the utility of those pleas of guilty, meaning that Ms Singer was not required to give evidence at the committal hearing nor at any trial.

71Ordinarily, rehabilitation would be a principal sentencing factor for one who committed offences at the age of 20, now 21.  Rehabilitation in relation to your case is, despite your prior criminal history, and despite this offending, still a matter of importance.  Particularly in circumstances where you have determined to change your ways in so comprehensive a fashion as revealed in your letter.

72Whether you in fact make that change is entirely a decision for you.  If you resume your drug taking and your abuse of alcohol upon release your prospects of rehabilitation are, in my opinion, virtually nil.  Your prospects of rehabilitation absent a return to drug use and alcohol abuse are at best guarded, but your prospects, if you hold to what you say in your letter, are possibly good.

73General deterrence in this matter is of paramount importance.  Deterring you from further offending is also a significant sentencing factor, as well as, to a degree, protection of your victim, given the persistence of your conduct towards her in the past and the gravity of the conduct before me.  Just punishment also must be taken into account, as well as denunciation of your despicable conduct, in the early hours of the morning in question, when you came with another to frighten, if not terrorise, Ms Singer in her own home.

74Taking all relevant matters into account, on all four indictable charges on the indictment and the summary charge, I sentence you to be imprisoned for an aggregate period of four years and I set a non-parole period of two years and nine months.  I declare pre-sentence detention to be 254 days and I state that but for your pleas of guilty I would have imposed a sentence of six years with a minimum of four years.  Is there anything further?

75MR O'DOHERTY:  Two orders that were sought, Your Honour.

76HIS HONOUR:  Take a seat Mr Brenan.

77MR O'DOHERTY:  Sorry?  Yes (indistinct words).

78HIS HONOUR:  Yes.  Anything to say about those matters Ms Burnnard?

79MS BURNNARD:  No, those matters are consented, Your Honour, but I have two brief matters to raise in relation to Your Honour's sentencing remarks.

80HIS HONOUR:  Yes.

81MS BURNNARD:  Your Honour made reference during the course of the sentencing remarks that while Mr Brenan was on his CCO, he received no treatment or assessment.  The submission I made ‑ ‑ ‑

82HIS HONOUR:  For drugs?

83MS BURNNARD:  Yes.  The submission I made was that he'd been assessed, but had not seen a worker and received no treatment.

84HIS HONOUR:  All right, well Mr Brown, you'll correct that when the editing is done as a preliminary edit.  Yes, thank you.

85MS BURNNARD:  Yes, Your Honour, the other matter - I understood Your Honour to say and I may be wrong, but I understood Your Honour to say that the sentence for which Mr Brenan receive the suspended sentence also involved this complainant.  That was never put on the plea.  The prosecution never had the details of that matter and I'm instructed that the complainant in that matter was an unrelated male.

86HIS HONOUR:  All right, well it - in the event - thank you for that correction, that correction will be made.  In the event it would not have made any difference to the sentence that I have imposed.  But that matter will be corrected.  It was an assumption I made, but an unwarranted one and in one way reduces the matter in terms of his conduct against Ms Singer, but in another way, evidence is the randomness of his behaviour, violent behaviour.  Today's date is the?

87UNIDENTIFIED SPEAKER:  (Indistinct words).

88HIS HONOUR:  Do you need the exhibits for reviewing the sentencing remarks Mr Brown, my copy?

89UNIDENTIFIED SPEAKER:  (Indistinct words).

90HIS HONOUR:  Do you need my copy of the exhibits for the initial review of the sentencing remarks?

91UNIDENTIFIED SPEAKER:  (Indistinct words).

92HIS HONOUR:  Anything further?

93MR O'DOHERTY:  No, Your Honour.

94HIS HONOUR:  Yes, you may remove Mr Brenan.

95(At this stage the court proceeded with another matter.)

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