Director of Public Prosecutions v Bromley
[2023] VCC 863
•26 May 2023
| IN THE COUNTY COURT OF VICTORIA | Revised Not Restricted Suitable for Publication |
AT SHEPPARTON
CRIMINAL JURISDICTION
CR 22-01767
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| CHAS BROMLEY |
---
JUDGE: | HIS HONOUR JUDGE CHETTLE |
WHERE HELD: | Shepparton |
DATE OF HEARING: | 9 March 2023 and 18 May 2023 |
DATE OF SENTENCE: | 26 May 2023 |
CASE MAY BE CITED AS: | DPP v Bromley |
MEDIUM NEUTRAL CITATION: | [2023] VCC 863 |
REASONS FOR SENTENCE
---
Subject: CRIMINAL LAW SENTENCE
Catchwords: Sentencing – recklessly cause injury, contravene Family Violence Intervention Order.
Legislation Cited: ss10AA(4), s10A, s44A and 6AAA Sentencing Act 1991
Cases Cited:
Sentence:Convicted, 18-month Community Correction Order, assessment and treatment for drug abuse and assessment and treatment for mental health. Judicial Monitoring condition.
---
APPEARANCES: | Counsel | Solicitors |
| For the Director of Public Prosecutions | Mr P. D'Arcy | Ms. M. Doyle, Office of Public Prosecutions |
For the Accused | Mr B. Thompson | Mr. H. Middleton, Martin Middleton Oates Lawyers |
HIS HONOUR:
1Chas Bromley, you have pleaded guilty to three charges of recklessly causing injury to an emergency worker. You also pleaded guilty to the summary offence of contravening an intervention order. The facts of your offending is set out in Exhibit A, the summary of prosecution opening on plea. I incorporate that document into these reasons for sentence and sentence you on the basis of the facts set out therein.
2Very briefly stated, on 7 June 2022, you attended at your mother's home in Mildura at about 10.40 pm. This attendance was in breach of a family violence intervention order made on 16 May 2022. You were told you should not be there, but you said you were staying. Your brother rang the police, and you got involved in an altercation with him. You chased him down the street and then returned to your mother's place.
3Police arrived outside your premises. You walked out of the front and threw a punch at the driver's head. You missed. You went to the passenger's window and punched First Constable Dixon-Arthur to the mouth. You tried to punch him again unsuccessfully.
4The driver, Senior Constable Marchetti got out and came to Dixon-Arthur's assistance. She sprayed you with OC foam. When you headed away from the police vehicle, Senior Constable Marchetti followed you and directed you to get on the ground. You squared up to her and she struck you with the OC cannister. You pushed Senior Constable Marchetti to the chest forcing her backwards to the ground. She landed on her left elbow. She got up and ordered you to get down, but you refused to comply.
5Another police officer, Sergeant Broome arrived at the scene. You kicked him in the shin in the right leg and he used his baton to strike your leg. Eventually you dropped to your knees and were handcuffed. You again became aggressive and kicked out and struck Sergeant Broome again on the shin.
6Other police arrived, you were placed in a police car whilst Marchetti and Dixon-Arthur received Aftercare for OC exposure.
7Senior Constable Marchetti suffered soreness and a graze to her elbow. First Constable Dixon-Arthur suffered a cut lip, abrasions under his right eye and to the side of his nose and Sergeant Broome suffered pain and soreness to his shin that lasted two days.
8Each of these officers completed victim impact statements. I have considered each of those statements and take them into account in sentencing you. All the officers indicate that they did not want their statements read aloud, hence I will say no more about them.
9You have admitted a criminal record. On 6 June 2017, at Benalla Magistrates' Court, you were convicted of two charges of resisting an emergency worker on duty, contravene a family violence order, making threat to kill, unlawful assault and reckless conduct endangering serious injury. You were released on a community corrections order for 12 months.
10On 5 April 2018, you were before the Heidelberg Magistrates' Court on breaching the at community corrections order and once the breach was proven you were released on a further community corrections order. On the same day the breaching offences of contravene a family violence order, unlawful assault, persistent contravention of a family violence order and committing an indictable offence on bail and criminal damage saw you receive an aggregate sentence of seven days' imprisonment. There were some other charges that gave you a total effective term of imprisonment of 30 days.
11On 9 November of 2018, you were before the Heidelberg Court again on charges of recklessly cause injury, contravene family violence order, criminal damage, persistent contravention of a family violence order, assaulting an emergency worker on duty and resisting emergency worker on duty, and received an aggregate term of imprisonment of 86 days, which was the time you had served in custody at the point of sentence.
12On 28 February of 2020, you were back before the Heidelberg Magistrates' Court on breaching an intervention order and intentionally causing injury, and yet again, released on a community corrections order for 12 months with mental health conditions.
13On 18 June of 2020, you were before this court in Melbourne, the Melbourne County Court on charges of carjacking, failing to render assistance after a motor vehicle accident and driving in a manner dangerous. For that offence you received 293 days imprisonment which you had already served at that date, and yet, another community corrections order.
14Finally, on 6 June of 2022, you were before the Mildura Magistrates' Court on breaching an intervention order and intentionally damage property and you were fined a total of $1000.
15Section 10AA(4) of the Sentencing Act mandates the imposition of a six-month term of imprisonment for the offence of recklessly causing injury to an emergency worker unless the court finds a special reason exists under s10A of the Act. If you established that you had impaired mental functioning at the time of offending that was causally linked to the commission of the offence and substantially and materially reduces your culpability, the mandatory gaol term need not be imposed.
16However, in such circumstances, s44A of the Act requires the court to make a community corrections order with mandatory conditions attached for judicial monitoring and either a treatment and rehabilitation condition or a justice plan attached.
17It is common ground that you fall to be sentenced as someone who was of impaired mental functioning and should be sentenced to a community corrections order with those mandated conditions. The evidence produced upon your plea demonstrates you to suffer from schizophrenia and you were so suffering at the time of your offending.
18Before making a community corrections order with appropriate conditions, the court is required to receive an appropriate report pursuant to s5(2GB) of the Sentencing Act.
19Initially I was provided with dated reports from Dr Lester Walton, Exhibit 2, and Dr Leon Turnbull, Exhibit 3. Both these reports indicate that you suffered from schizophrenia in 2019. They did not comply with s5(2GB) of the Sentencing Act.
20A report from your general practitioner, Exhibit 1, confirmed your diagnosis which was made whilst you were in custody and at Thomas Embling Hospital. Your general practitioner indicated that you have been regularly receiving treatment from the Mildura Base Hospital Mental Health Service.
21Accordingly, I adjourned your plea to obtain a relevant report from that source. Subsequently, Exhibit 7, two reports from that source were received from Dr Garth Senja. He reports:
'I am employed as a Senior Medical Officer filling the role at Mildura Base Hospital Continuing Care Consultant Psychologist. I commenced this role in early 2022 and have overseen Mr Bromley's psychiatric management whilst he has been managed by Continuing Care Team (CCT), noting he has had periods of time in custody when his psychiatric care has been provided by medical services associated with his place of custody. Mr Bromley has a diagnosis of schizophrenia and stimulant-abuse disorder. He was first diagnosed with schizophrenia in 2019, with other history indicating psychotic symptoms were present from as early as 16 years of age.
'In subsequent years Mr Bromley had several psychiatric in-patient admissions and has received psychiatric treatment whilst being incarcerated. His history is marked by trials of different anti-psychotic medications with varying efficacy. His schizophrenia is deemed to be treatment resistant. This is the criteria for commencing Clozapine, the most effective anti-psychotic medication for treatment-resistant schizophrenia, however Mr Bromley has refused to commence this medication.'
22I interpolate that you have since agreed to commence this medication. The report continues:
'On the morning of 7 June, 2022, Mr Bromley presented with his mother, to Mildura Base Hospital and was seen by the CCT Senior Psychiatric nurse with reports that he was in custody on 4 and 5 June for smashing his brother's windscreen, reportedly while he was on an AVO and cannot return home while his brother is there, and he spent 6 June 2022 at his aunt's and can do so for a few days, however he is requesting alternative accommodation.
'When the subsequent offending was explicitly reviewed with Chas on 31 March 2022, he was unable to provide much specific details beyond being in a bad head-state and that he was "all over the shop." There is clear evidence that Mr Bromley has schizophrenia and has proven difficult to treat and he was being treated for this at the time of his offence on a community treatment order.
'When acutely unwell he describes difficulty in thinking, processing, and weighing information, similar to what he described at the time of this offending. We have been unable to establish any specific persecutory delusions or paranoid thoughts regarding the police officers he assaulted or the presence of passivity phenomena.'
23In a subsequent supplementary report and also part of Exhibit 7, Dr Senja continued: 'He was asked the question, "I was wondering if you could venture an opinion as to whether it's more likely or not that Mr Bromley was suffering from a psychotic episode relating to his schizophrenia at the time of the offending, based on the provided summary of the offending?"
24'The doctor answered: "Mr Bromley's presentation was consistent with his previous history of psychosis and his schizophrenia was being treated on a community treatment order at the time of the reported offending. He was more likely than not experiencing a psychotic episode."'
25The issues that start this offending have been addressed. Your mother wants you at home and your brother no longer resides there. The intervention order has been either varied or removed, I am uncertain of that position. Your mother is very supportive of you. She provided a detailed history of your mental health issues and treatment, and it is clear that you have been very unwell. You have been to Mildura Base Hospital seeking help early on the day of your offending.
26On that day your mother took you to the hospital, seeking help, explaining the deterioration in your mental health, despite your adherence to medication, and she requested your admission to hospital. Some hours later your mother was contacted at home by the hospital and informed that there was nothing they could so. Mr Bromley could not be admitted, and he had then left the hospital.
27You need to know that you cannot assault and injure police officers. I do not intend to further imprison you for this offending. You have spent 95 days in custody before being granted bail. You need to comply with your medication regime, and you will be required to comply with the conditions attached to the community correction order I am about to impose.
28If you re-offend or otherwise breach this order, I may have no choice but to imprison you in order to protect the community. I will be reminding you of this when I see you as I will be doing for judicial monitoring.
29Your prior history of violence and assaults and particularly on emergency workers leaves me in some concern as to your future, and the steps I am about to take, which I am mandated to do by Parliament, are designed to try and assist you with your mental health issues.
30On the three charges of recklessly causing injury to an emergency worker and the one summary offence of breach of an intervention order, you are convicted and released on a community corrections order for a period of 18 months from today's date.
31Apart from the core conditions you are to be under supervision, you are to undergo assessment and treatment for drugs, you are to undergo assessment and treatment for mental health. You are to undergo judicial monitoring and I will set the first of those judicial monitoring dates in a moment, and you are to undertake offending behaviour programs, and I have received a report from the Department of Justice and Community Safety indicating that those conditions are recommended and that you are otherwise suitable for a community corrections order although they do note your past history of breach. Are you prepared to undergo such an order?
32OFFENDER: Yes.
33HIS HONOUR: All right. On 22 September of this year, I will be sitting in Mildura as a judge. On that date at 9.30 I want to see you for judicial monitoring on that time. It means you will come down to the court and I will get a report from Corrections, and I will see how you are going, all right?
34OFFENDER: Yep.
35HIS HONOUR: 22 September, 9.30. You are to report to Mildura Community Corrections on Tuesday at two o'clock. They have got an appointment for you already, so you know where it is. You are to go to Mildura Corrections at two o'clock on next Tuesday 30 May. This order will be sent to Corrections for you to sign on that day, do you understand?
36OFFENDER: Yep.
37HIS HONOUR: All right. Now, I hope you have listened to me. I really understand you have got mental health issues and we are trying to get you treatment for that and so is your mother, but you cannot go around hitting police officers, do you understand?
38OFFENDER: Yes.
39HIS HONOUR: Yes, all right. Any other orders required Mr D'Arcy?
40MR D'ARCY: I don't think so, Your Honour.
41MR THOMPSON: Just a 6AAA, Your Honour.
42HIS HONOUR: Yes. But for your plea of guilty, I would have imposed a term of imprisonment of 12 months.
43MR D'ARCY: Is that required, Your Honour, given that?
44HIS HONOUR: Yes, because he has pleaded guilty, I am required to give a s6AAA. I mean, I do not know what weight you make of them. The difficulty of it is that would imply a conviction after a trial where mental health issues had been probably not established. It is a fairly meaningless exercise but what I am required to do, Mr D'Arcy.
45MR D'ARCY: If it please, Your Honour.
46HIS HONOUR: Thank you. Thank you, Mr Thompson, for your assistance.
47MR THOMPSON: Thank Your Honour.
48HIS HONOUR: Can you just - when you are talking to him, make sure he signs it and turns up on Tuesday and I will see him in September. All right, I will leave until 10 o'clock.
‑ ‑ ‑
0
0
0