Director of Public Prosecutions v Brookes (a pseudonym)

[2025] VCC 1414

IN THE COUNTY COURT OF VICTORIA

AT MELBOURNE

CRIMINAL DIVISION

Revised
Not Restricted
Suitable for Publication

DIRECTOR OF PUBLIC PROSECUTIONS

v

DUNSTAN BROOKES (A PSEUDONYM)

---

JUDGE:	HIS HONOUR JUDGE WRAIGHT
WHERE HELD:	Melbourne
DATE OF HEARING:	30 July 2025
DATE OF SENTENCE:	25 September 2025
CASE MAY BE CITED AS:	DPP v Brookes (a pseudonym)
MEDIUM NEUTRAL CITATION:	[2025] VCC 1414

REASONS FOR SENTENCE
---

Subject:CRIMINAL LAW – Sentencing.

Catchwords:              Plea of guilty – Home invasion – Theft – Prior criminal history – Youthful offender – Youth bail – Bugmy – Complex mental health – Youth Justice order.

Legislation Cited:      Crimes Act 1958 ss 74, 77A(1); Sentencing Act 1991 ss 5(2H), 6AAA 32(1), 32(2), 35, 89(4).

Cases Cited:

Sentence:                  Detention for a period of 2 years and 6 months in a Youth Justice Centre.

---

APPEARANCES:	Counsel	Solicitors
For the DPP	Mr P Pickering (Plea) Mr J Sheedy (Sentence)	Office of Public Prosecutions
For the Accused	Ms K Ballard (Plea) Mr W Hart (Sentence)	Stary Norton Halphen

HIS HONOUR:

Introduction

1Dunstan Brookes[1] you have pleaded guilty to:

(a) one charge of home invasion contrary to s 77A(1) of the Crimes Act 1958 (‘Crimes Act’) which carries a maximum penalty of 25 years imprisonment; and

(b) two charges of theft contrary to s 74 of the Crimes Act which carries a maximum penalty of 10 years imprisonment.

[1] A pseudonym.

2You have also admitted your Criminal History.

Circumstances of the offending

3You were 18 years old at the time offending and resided at an address in Long Gully.

4Your co-offenders are:

(a)   Ashley Martin,[2] aged 15; and

(b)   Henry Caw,[3] aged 14.

[2] A pseudonym.

[3] A pseudonym.

5The victims in this matter are Mr and Mrs Negrelli, who reside at an address in Princess Hill with their three year old child.

6At 4:54am you and your co-offenders parked a green Commodore near the rear of the victim’s home address in Princess Hill.

7The rear roller door of the victim’s property was opened. You and Mr Caw went into the property. You were both wearing face masks and gloves as you approached the rear glass doors of the house.

8You opened the rear glass doors by an unknown means and entered the property, followed by Mr Caw and Mr Martin. Mr Martin was carrying a serrated kitchen knife in his hand. It is not alleged that you were aware of this.

9The three of you entered the house at 4:56am, came outside again after one minute, then returned inside.

10At about 5:02am, you left the back door carrying a black Oroton bag. The bag contained the keys to the victims’ 2017 Mercedes CLA 45 AMG. The bag had been left on a coat stand in the front hallway of the house.

11The Mercedes was parked in the street at the front of the house.

12You opened the bag and emptied the contents on the ground in the rear courtyard of the property. A wallet and bank cards were also in the bag in addition to the keys.

13The victims were asleep during the incident. Later examination of the CCTV in the child’s room showed that a door which had been ajar was open, suggesting one or more of you had entered the room.

14The victims also discovered that all the kitchen cupboards had been opened. The Oroton bag and its contents were on the ground in the yard, but the keys had been taken along with the wallet and bankcards (Charge 2).

15A short time later, the victim’s Mercedes was stolen from the premises using the car keys you had taken. The green Commodore left the area at the same time.

16On 12 November 2024 the Mercedes was located in Bendigo. It has been driven into the carpark of the Long Gully Splash Park and doused in petrol.

17You were arrested on 19 November 2024 and provided a ‘no comment’ interview to police.

Nature and gravity of offending

18Home invasion, by its nature, is an inherently serious offence which is reflected in the maximum penalty set by Parliament, being 25 years imprisonment. The offence is also classified as a Category 2 offence requiring that a custodial order be imposed unless an exception pursuant to s 5(2H) of the Sentencing Act 1991 (‘Sentencing Act’) is able to be established.  In this instance, the home invasion is particularised on the basis of you entering the home as a trespasser with two other co offenders whilst people were present in the home.

19Ms Ballard, who appeared on your behalf submitted that while offending of this nature is very serious, this incident is not an example of the highest order noting that the offending was of short duration, that there was no confrontation with the occupants of the house, that no weapons were used, that no violence was inflicted and that the house was not damaged.

20While I accept that this offending did not have the aggravating features as noted by your counsel, nonetheless it remains serious and it was undoubtedly a frightening experience for occupants of the home to later discover that their house had been occupied and items (including a car) stolen, while they and their infant child were present and asleep in the house.

21I note also that you were on youth bail at the time of offending in relation to offending of a similar nature thereby elevating the seriousness of your offending on this occasion.

Victim Impact

22Mr Negrelli provided a victim impact statement which was read out on the plea. He describes how your offending haunts him every day and how he mulls over the ‘what if’ scenarios in relation to his son who was asleep in the house when you entered. He cannot enjoy his family home and feels frustrated by the invasion of privacy and complete disregard for his safety and security.

23Not only has your offending caused significant anxiety for Mr Negrelli, he recalls that both his son and wife are still reminded of and triggered by, the trauma caused as a result your conduct. He is grateful that no one was awake during the offending period.

Personal Circumstances

24You were born in Maryborough and relocated to Bendigo with your family when you were around eight years old.

25You are part of a sibship of five, and report maintaining positive relationships with your siblings. One of your brothers is currently in detention at a Youth Justice facility and your older brother has a criminal history and has spent periods of time in custody.

26You report a difficult and unstable upbringing and describe that your basic needs were at times unmet due to chronic financial stress in the household. Your mother was the breadwinner and is currently employed as a cleaner.

27Your father has a complex history of heroin addiction and alcohol abuse. You report that you were often exposed to conflict, substance abuse and violence in the family home. Your parents separated in 2021 and your father was soon after incarcerated.

28You were in a relationship for 18 months prior to your remand however you report you are now single.

29You completed primary school and attended Secondary College up until year 10. In year 11, you disengaged and later enrolled in Flexible Learning Options. You were provided with one on one learning support which you found helpful.

30You have not participated in formal employment. You were linked with AXIS Employment’s Transition to Work Program while on Youth Justice Bail and submitted several job applications. You are interested in pursuing an apprenticeship and are motivated to secure employment upon your release from custody.

31You have not engaged with mental health services however you have displayed symptoms of irritability, impulsivity, poor emotional regulation and defiant interactions. Further, you have disclosed a history of self-harm which began after your release from Youth Justice. You report that in the past, you have felt supported by Youth Justice workers and Anglicare.

32You began experimenting with substances and alcohol at age 15. At age 18, you were smoking methamphetamine regularly and used Xanax to manage side effects and aid sleep. You report that at the time of offending, you were using methamphetamine daily together with intermittent use of Xanax. You are willing to engage in drug and alcohol counselling and have applied to undertake the Ice and Me program in custody.

33A psychological report of consultant psychologist Gina Cidoni dated 20 July 2025, was tendered on the plea. Ms Cidoni states that while you understand the consequences of your actions in simple terms, your broader understanding is limited. She opines that this is the result of your cognitive profile, emotional immaturity and limited verbal reasoning skills.

34Ms Cidoni undertook psychometric testing revealing that your full scale intelligence is 74, placing you in the ‘borderline’ range, meaning that 95% of your peers would perform better in intelligence testing. Ms Cidoni is of the view that such a finding impairs your ability to plan, weigh consequences and regulate your behaviour in real time. Although I also note that Ms Cidoni is also of the opinion that your use of methamphetamine and benzodiazepines significantly impaired your cognitive and emotional functioning at the time of the offending.

35Ms Cidoni states that pursuant to the DSM-5, you satisfy the clinical diagnosis for Stimulant Use Disorder, Sedative, Hypnotic or Anxiolytic Use Disorder, Gambling Disorder, ADHD and Stress Related Disorder.

36You report problematic gambling, usually escalating in periods of drug use. You state that you have spent Centrelink benefits at gaming venues.

37You have a criminal history which has seen you spend time in youth detention and adult custody.

38You have managed to stay active in custody and have had regular contact with family through video and phone calls. You state that your uncle is also currently in custody with you. You report witnessing violent incidents in custody and that you have withdrawn socially since this incident. Whilst you are abstinent from drugs in the custodial environment, you require trauma informed care and intervention for your substance abuse. It is recommended that you engage in stimulant and trauma focused therapy and have stable supports in place to direct you away from high risk peers.

Sentencing Considerations

39I first take into account your plea of guilty. Your plea has saved the court and the community the time and expense of trial and has prevented witnesses from giving evidence. As such your plea has brought the matter to an early conclusion for which you are entitled to a discount in sentence.

40I take into account your relative youth. You were 18 years old at the time of the offending. What is of concern is that your prior criminal history contains offending of a similar nature for which you were sentenced in 2023, and you were on bail at the time of this offending, again for alleged conduct of a similar nature.  Nonetheless, while your offending is serious, your youth remains as a prominent sentencing consideration.

41I take in to account your difficult childhood experiences including exposure to your father’s drug use, and violence in the family home. In the circumstances in my view Bugmy principles in the in general sense have application to a degree.

42While I am not satisfied that Verdins principles are enlivened, I take into account your complex mental health and compromised cognitive functioning.

43Although your youth remains a prominent sentencing consideration, deterrence, both general and specific must also feature in the sentencing calculus. Entering a home where people are present with the intention to steal is very serious conduct that must be deterred. Other young people with similar intentions must be made aware that such conduct will be met with serious consequences by the courts. As you have a relevant criminal history, you too must be deterred from further offending of this nature.

44I had you assessed for a Youth Justice order. The report tendered notes that while you have been on remand in an adult prison since November 2024, you have displayed mostly positive behaviours. You have completed some work courses and certifications and are currently working as a billet in the kitchen. While the writer of the report expressed some reluctance to take you out of the settled environment you are in, in the circumstances given your age, and the opinions expressed in the psychological reports, the recommendation is that you are suitable to be sentenced by way of a Youth Justice Custodial Order.

45Having considered the matters in s 32(1) and (2), of the Sentencing Act, in my view you have reasonable prospects of rehabilitation and as such, I have formed the view that the most appropriate disposition in the all the circumstances is a period of detention in a Youth Justice Centre.

Sentence

46Mr Brookes would you please stand.

47Dustan Brookes on Charge 1, home invasion, you are convicted and sentenced to detention for a period of 2 years and 3 months. On Charge 2, theft, you are convicted and sentenced to 2 months detention. On Charge 3 theft of the motor vehicle, you are convicted and sentenced to 9 months detention. I direct that 3 months of the sentence on Charge 3 be served cumulatively on the sentence imposed on Charge 1 making for a total effective sentence of 2 years and 6 months detention in a Youth Justice Centre.

48Pursuant to s 35 of the Sentencing Act, I declare that 310 days be reckoned as the period of imprisonment already served under the sentence I have imposed. That does not include today.

49Pursuant to s 6AAA of the Sentencing Act, I indicate that had you not pleaded guilty, I would have sentenced you to a period of detention of 3 years and 6 months.

50Pursuant to s 89(4) of the Sentencing Act any drivers licence or permit you hold is cancelled and you are disqualified from obtaining another for a period of 6 months from today.