Director of Public Prosecutions v Cameron
[2016] VCC 878
•23 May 2016
| IN THE COUNTY COURT OF VICTORIA | Revised (Not) Restricted Suitable for Publication |
AT MELBOURNE
CRIMINAL DIVISION
Case No. CR-16-00388
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| JASON CAMERON |
---
JUDGE: | Her Honour Judge Quin | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | ||
DATE OF SENTENCE: | 23 May 2016 | |
CASE MAY BE CITED AS: | DPP v Cameron | |
MEDIUM NEUTRAL CITATION: | [2016] VCC 878 | |
REASONS FOR SENTENCE
---
Subject:
Catchwords:
Legislation Cited:
Cases Cited:
JudgmentSentenceRuling:
---
APPEARANCES: | Counsel | Solicitors |
| For the DPP | ||
| For the Accused |
HER HONOUR:
1 Jason Cameron, you have pleaded guilty to one count of aggravated burglary, one count of recklessly cause serious injury and one count of criminal damage. The maximum penalties for these offences are 25 years, 15 years and ten years respectively.
2 At about 5 pm on Saturday, 14 November 2015, Christian Hayes, who was in a relationship with your half-sister Ebony, was outside the home of Lorraine Masari and was working on his car. Christian was aged 23 at that time, and Ebony was aged 22. Your co-accused, Calvin Harvey, who is also your stepfather, drove to this house with you and another man, Gary.
3 You got out of the car holding a metal baseball bat and called out to Mr Hayes. He ran into the house and locked the door, but you followed and booted the door in. You then swung the bat at Mr Hayes, hitting him in the face. He put his arms up, trying to block the bat. He asked, “What the fuck is this?”, and you replied, “Stay off my sister”.
4 You followed Mr Hayes as he ran out the back of the house and you continued to hit him. You hit him across the ribs and struck him on the ankle, causing him to fall to the ground. A witness describes that, once on the ground, you really started laying into Mr Hayes, striking him on the face, ribs, legs and arms. As you were striking him, you kept saying, “Stay away from my sister”.
5 Lorraine Masari heard the yelling from the backyard. She saw you striking Mr Hayes with the baseball bat and she yelled for you to stop. You continued and told Mr Hayes, “Don’t go near my sister. Leave my sister alone”. You were observed hitting Mr Hayes with the baseball bat approximately 15 times. Mr Hayes was pleading for you to stop. He tried to roll away from you, but you continued to strike him. You grabbed him by the hair and forced the large end of the baseball bat into his mouth.
6 Your co-accused and Gary were standing by the gate watching. You walked back towards them and said, “I’m sorry. He knows what this is for”. You all then left the property. Ms Masari called triple zero and Mr Hayes was taken to the Austin Hospital. Mr Hayes was scared by the assault and thought that you were going to kill him.
7 Mr Hayes suffered the following injuries: fractured left elbow with comminution of the fracture, nasal swelling and fractured right nasal bone, bruising of the right inner eyelid, chipped right incisor tooth, linear bruising to his right side chest, right lower lobe pulmonary contusion, bruising over left buttocks, tender right shin with minor bruising. He underwent surgery to repair or have placed a pin and screw in his elbow.
8 You were arrested three days later and interviewed, though you made a no comment interview. Victim impact statements have been provided by Christian Hayes and Lorraine Masari. As a consequence of your crimes, Ms Masari is more nervous and fearful of being alone at home, especially at night.
9 The effect of your actions on Mr Hayes has been significant. Apart from the obvious pain and suffering relating to the damage to his elbow and teeth, he suffers low self-esteem, lack of motivation, stress and depression due to his injuries. Given his occupation as a carpenter, he is of limited capabilities and is finding it more difficult to get work. He is restricted in the social activities he can enjoy.
10 I received a report from Ian McKinnon, forensic consultant psychologist, dated 14 May 2016 and I take that material into account. You are currently aged 38, and were so at the time of this offending. You had a disruptive childhood, with your parents moving at various times during your early schooling. When you were aged about eight years, your home was subject to a run-through, with bullets being fired.
11 Your parents separated when you were about 12 and your mother re-partnered with your stepfather, Calvin Harvey, referred to in the circumstances of this offending. You have a good relationship with both your mother and stepfather and their daughter Ebony. Your mother supported you in court. You do not have any contact with your natural father. You left school after completing year 9 and have had various short-term jobs with casual employment in labouring-type jobs.
12 Prior to going into custody for these matters, you were on the disability pension. In 2009, you and your family were the victims of the catastrophic fires in Kinglake. This event had a significant impact on you, and you have sought psychiatric assistance in relation to that with Dr Simon Croke.
13 Mr McKinnon is of the opinion that, at the time of these offences, you were suffering significant depression, a condition that has plagued you for many years. This was seen as a consequence of the many traumatic events In your life, including during childhood and the bushfires. However, he did not suggest that such conditions contributed to your offending, and your counsel specifically indicated no reliance of Verdins principles.
14 You have had issues with drugs, particularly cannabis and ice, commencing cannabis use at a very young age and moving onto more serious drugs in your late teens. When you were aged 21 years you suffered a drug-induced psychosis and were hospitalised, and you have had other similar episodes throughout your life. I was informed that you are now drug-free and that you have been so for the last two years.
15 I note you were placed on a community correction order in December 2014, and that, other than by this offending, you completed the conditions of that order, including a drug rehabilitation program. You were also required to provide random drug screens during the course of the order, which I was informed were clean. I accept you have taken steps to overcome your drug issues.
16 It was not suggested that drug or alcohol use by you played any part in the commission of these offences. Rather, your motivation for this offending was your concerns regarding your stepsister and her relationship with Mr Hayes. Such is apparent from the remarks you made whilst assaulting him. You expressed similar sentiments to Mr McKinnon and your concerns about Mr Hayes involving your stepsister in drugs and your fears for her safety.
17 Mr McKinnon notes that you said, “I’m sorry the whole thing happened. I should have handled it differently. I was confused about it, worried about my kid sister. Violence wasn’t the answer. I know that now”. You have one prior court appearance on 15 December 2014, which was a consolidation for seven driving offences and one fail to appear.
18 In addition, and most relevantly, you were then before the court on one charge of recklessly cause injury and one charge of assault. I was informed that these later charges related to your involvement in a fight in a pub in Kinglake, whereby you assisted a friend. Your counsel conceded that this was a significant prior, given your violent conduct with this offending, though he highlighted that you had not been in trouble at all for 37 years for any other offending, including conduct involving violence.
19 As previously indicated, you received a community correction order for that offending and you successfully completed the work component and some of the other conditions with that order. However, this offending breaches the order, given it was current at the time that these events occurred. Despite the breach, I accept that your compliance with the order is a positive matter to take into account.
20 I take into account your plea of guilty. It was at the earliest opportunity. There is a utilitarian value in the plea, as none of the witnesses were required to give evidence and you have saved the community the costs associated with running a trial. I accept the plea is indicative of remorse. As previously outlined, you have expressed remorse for your actions, in the sense that you have recognised that you have done the wrong thing and that you should have handled the situation differently, rather than resorting to violence. A bundle of character references tendered on your behalf also reveal you are remorseful for your conduct.
21 This is the first time you have been in custody. Within a short time of being placed in custody after this offence, you were assaulted, and it has been necessary for you to be placed in protection since. You are currently at Hopkins Correctional Centre, Ararat. Given your remand status, you have been limited to the courses that are available to you, although I was informed that you have undertaken an occupational health and safety course and were undertaking recycling and maintenance work at the gaol.
22 Your counsel submitted you have reasonable prospects for rehabilitation given your mature age and limited prior history, that you have no matters pending, this was the first time that you have been in custody and you have good family support from your mother and stepfather, with whom you will reside on your release.
23 The prosecution was more cautious regarding your rehabilitation prospects. Whilst conceding your mature age, counsel highlighted the prior violence matters, McKinnon’s opinion that you have a greater than normal propensity for acting out in a violent manner and the failure of you to successfully address anger or violence issues in the course of your previous community correction order, as evidenced by this offending.
24 There were a number of aggravating features of this offending. The attack was unprovoked and occurred at a private home where Mr Hayes had sought refuge. It involved the use of a weapon. Mr Hayes was repeatedly hit by you, and the attack lasted approximately five minutes, with what could only be described as relentless beatings, despite pleas from Mr Hayes and other witnesses for you to stop. The effect on the victim was significant, and the offending breached the community correction order.
25 Your counsel submitted I should impose a term of imprisonment and combine it with a community correction order, relying on the principles in Bolton, particularly as it applies to serious offending. Alternatively, it was submitted that I should impose a head sentence with a non-parole period that allows you to spend a significant time on parole. The prosecution submitted I should impose an immediate term of imprisonment, though indicated that it was within sentencing range to impose a term of imprisonment of up to two years combined with a community correction order.
26 The maximum penalty for aggravated burglary is 25 years, and reflects the grave seriousness with which this offence is regarded. You clearly went after Mr Hayes and entered the house with violent intent, armed with a weapon and breaking the door to gain access. You were not acting in an alcohol or drug-induced rage You decided and were determined to take your concerns about your half-sister into your own hands. This was so, despite Mr Hayes seeking the safety of a nearby house and his and another witness’ repeated requests for you to stop the beating.
27 General deterrence, just punishment, denunciation of your conduct and protection of the community have a significant role to play in sentencing you. Additionally, given your previous violent offences and breach of a court order, specific deterrence has a role to play, though is more limited and I accept that your rehabilitation prospects are reasonable. It is necessary to strike a balance between the matters in your favour, including your plea, remorse and steps towards rehabilitation, with those other matters listed above and the gravity and seriousness of this particular instance of the offending.
28 If you can please stand. In all the circumstances, I am prepared to impose a term of imprisonment at the completion of which you will be required to serve a community correction order. In respect of Charge 1, aggravated burglary, you are convicted and sentenced to a period of 18 months imprisonment. In respect of Charge 2, recklessly causing serious injury, you are convicted and sentenced to a period of 12 months imprisonment. In respect of wilful damage or criminal damage, you are convicted and sentenced to a period of one month imprisonment.
29 Five months of the sentence imposed on Count 2 will be cumulative on the sentence imposed on Count 1, leaving a total effective sentence of 23 months. You will be required to enter a community correction order for a period of two and a half years on your release. Pursuant to that order, you will be required to complete 50 hours community work and you will be under the supervision of the Office of Corrections.
30 In addition, you will be required to seek treatment and rehabilitation as directed regarding mental health by Corrections and also seek treatment and rehabilitation in respect of programs to reduce your reoffending, particularly in respect to anger management. The supervising Corrections office will be Greensborough CCS.
31 Pursuant to s.6AAA of the Sentencing Act, if you had not pleaded guilty to this matter I would have sentenced you to a period of imprisonment of five years with a minimum term of three years. What is the PSD, please?
32 PROSECUTOR: One hundred and eighty-eight days, not including today.
33 HER HONOUR: Very well. I declare presentence detention of 188 days. Are there any other matters?
34 COUNSEL: No, Your Honour.
35 HER HONOUR: Thank you. I will ask my associate to see that he sign that community correction order. Mr Cameron, you would be aware that if you breach this order you will come back before me again and I will be required to resentence you for these matters.
36 COUNSEL: Your Honour, if I might just join - - -
37 HER HONOUR: Yes, certainly. Yes. Thank you. I will just stand down. Thank you.
---
0
0
0