Director of Public Prosecutions v Cassells

[2020] VCC 1207

IN THE COUNTY COURT OF VICTORIA

Revised

(Not) Restricted

Suitable for Publication

AT MELBOURNE

CRIMINAL JURISDICTION

CR 19-00982

DIRECTOR OF PUBLIC PROSECUTIONS

v

BRADLEY CASSELLS

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JUDGE:	HER HONOUR JUDGE GAYNOR
WHERE HELD:	Melbourne
DATE OF HEARING:
DATE OF SENTENCE:	6 August 2020
CASE MAY BE CITED AS:	DPP v Cassells
MEDIUM NEUTRAL CITATION:	[2020] VCC 1207

REASONS FOR SENTENCE

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Sentence:

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr A. Sprague
For the Accused	Mr J. Lavery

HER HONOUR: 

1Bradley John Cassells, you have pleaded guilty before me to one charge of intentionally causing injury and one charge of false imprisonment.  The facts underlying your offending are as follows.

2Late afternoon, on 9 October 2018, the victim Jake Quentin drove his car to Edward Street in Black Hill.  Earlier in the evening, he had been rung by one of your co‑accused Tanya Kayshons about buying drugs and Mr Quentin took methylamphetamine with him, he having also used it earlier that night.  He parked in the street and then Kayshons and a co‑accused Patrick Mazies came out of the house and got into the back seat of the car and Mr Quentin sold them methamphetamine.  Kayshons said that Mr Mazies wanted to talk to Quentin about 'some stuff' and Mazies went with Quentin in his car and dropped off EJ, a young woman who was in the car, at Burnbank Street.

3As they were driving around Ballarat, Mazies asked Quentin about a file, that is a USB file, which it would appear Mr Mazies believed he and his girlfriend Kelly van Egmond knew about.  Quentin told Mazies he did not know anything else about the file except that he believed that Ms van Egmond's ex had it.  Mazies wanted to go to Quentin's house to ask her but Quentin refused as his daughter was there. 

4Mazies asked to be dropped back at Tina's so Quentin did this.  Then Kayshons came out of the house, holding a pair of scissors and told Mr Quentin to 'open the fucking door'.  Mr Quentin tried to lock the door but then he saw that Mazies was holding a black knife which he held towards him and Kayshons got in the back seat of the car and started swinging the scissors at Mr Quentin.  He raised his hands and got the scissors from her, suffering cuts on the fingers of his right hand in the process.

5Mazies put the knife into Mr Quentin's rib area and held it there, causing pain, and Kayshons got out of the back seat and opened the driver's door and pushed Mr Quentin across towards Mazies who was still pushing the knife into Mr Quentin's rib.  Ms Kayshons drove the car into her driveway and got out, demanding to know Ms van Egmond's new address and where the file was.  But Mr Quentin refused to do this.  Ms Kayshons went inside, leaving Mr Mazies in the car with Mr Quentin and came back out not long after with you.  You were carrying a wooden table leg or a bat. 

6Ms Kayshons got in the rear passenger seat and you got in the rear driver's side seat.  Ms Kayshons said to you, 'This is the cunt that won't help get Shannon out of gaol or won't give us that mutt's address down there and he's supposed to be a friend.'  Mr Quentin was facing the back seat and you hit him on the head with the end of the bat about six times, causing pain and cutting Mr Quentin's forehead which bled down his face.  These actions underlie Charge 1 on the indictment - intentionally causing injury.

7Either Kayshons or Mazies punched Mr Quentin who was trying to cover himself and someone said that he should be taken inside otherwise neighbours would hear.  The three of you then got out of the car and started dragging Mr Quentin toward the house but he said he would walk and they let him.  Inside the house, Mr Quentin was told to walk to the kitchen where he was then told to sit on the chair at the kitchen table.  Your actions in assisting in taking Mr Quentin to the house underlie Charge 2 on the indictment - false imprisonment.

8You left the house soon after and it is accepted you had no further involvement in the offending against Mr Quentin.  It would appear that Mr Quentin was further held at the house by Mazies and Kayshons and seriously assaulted by them.  Eventually, he was allowed to leave - he was able to leave and ran to the nearby house of a friend.  Ultimately, the matter was reported to police.

9You were arrested and questioned by police but denied in your record of interview having any involvement in the incident or the assault.  Mazies and Kayshons are seeking to plead not guilty to far more serious charges than those faced by you.  The matter is yet to be heard because of the COVID restrictions.  Ms Kayshons is on bail but Mazies remains in custody on remand.

10You engaged with the co-accused in a contested committal on 22 May but this matter was settled to a plea in June 2020.  The maximum penalty for intentionally causing injury is 10 years' imprisonment.  The maximum penalty for false imprisonment is 10 years' imprisonment.  You have been remanded in custody since your arrest late in 2018.  You have a pre-sentence detention of 610 days. 

11I now turn to your personal circumstances.  You are now 27 years of age.  You were 25 at the time of this offending. 

12A report by psychologist Jeffrey Cummins was tendered on the plea in which he noted that your parents separated when you were a child and you were effectively abandoned by your mother and raised by your father and his parents.  You had difficulties at school.  You have done some work after leaving school.  It would appear you have a learning difficulty which was never attended to.  You did some work when you were in your mid-teens at Bob Jane T-Marts, then got into trouble and were detained at Malmsbury Youth Justice Centre.

13You have never had a driver's licence.  You have been placed on a disability support pension which you were placed on when you were about 20.  It would appear that you suffered some injuries in a police chase and you have effectively just remained on that disability support pension.

14You have been with your partner for about 10 years and the two of you have four children. 

15You have had problems with drugs for many years, starting with cannabis and progressing to methamphetamine use.  At the time of this offending, you told Mr Cummins you were using methamphetamine on a daily basis as well as cannabis and it appears that you were essentially involved with the co-accused in these matters because of your drug use.

16You told Mr Cummins, 'A lot of the thing to do with ice was that it was the crowd I was hanging around with.'  You have never undergone any rehabilitation or drug treatment.  You told Mr Cummins that as a result of your drug use you had a lot to do with the wrong people.  You described yourself as easily influenced.  You said that you now realised that you have got to put your family first, saying that your partner told you she had nearly left you as a result of you being in gaol and becoming involved in this offending. 

17It would appear she has put up with a great deal, Mr Cassells.  You told Mr Cummins that she has said to you that when you are on the ice, 'You've got to pack a bag and go.'  You said you would stay away for about a week and clean yourself up and then go back because you are very attached to her and the children.

18As I stated to you on the plea, Mr Cassells, it is very fortunate that you realise that you now have to change the way in which you have been living.  If there is one way to lose a partner and children, it is to continue using ice in the way that you have.  And certainly, it would appear you on this occasion of offending could have been involved in far more serious offending had you not had the sense to leave as you did.  It is, however, not to your credit at all that, it would appear, on simply being told to arm up and come and help your friends that you came out to the car armed as you were and immediately assaulted Mr Quentin in the way that he was. 

19I have heard the victim impact statements.  I accept that those victim impact statements refer to far more serious offending and the effects of it than you were involved in but you are nevertheless a part of it and you should be thoroughly ashamed of yourself.  Let me say that had you continued to offend in the way that it is alleged your co-accused did and had you been convicted of those charges, you would be looking at years in gaol and the certain loss of your wife and children.

20It appears, however, you have done well in gaol.  You have worked as a billet throughout.  You have not used drugs in gaol.  This would appear to be the longest period of time in your life that you have remained off drugs.  And it is certainly your aim, from what I can see, to make an effort to change your lifestyle. 

21Unlike many people, Mr Cassells, I know that you had a difficult childhood.  That you lost your mother.  You were effectively abandoned by her.  Nevertheless, you have a partner who has remained with you.  You have got four children.  You have got a supportive father to whom you are very close.  He is law-abiding and can assist you.  You have got grandparents to whom you say - I understand from Mr Cummins' report - you are close to.  You have got a good, strong family structure when you get out.

22Can I simply urge you not to wreck it all by continuing to use drugs?  You know, you have a great dealt to lose.  Many people who appear before this court have nothing and no one.  You have got a lot of people in your life who love and care for you and the only reason that you would not be able to take advantage of that is if you continue using drugs in the way that you have.

23Now, the submission was made to me by the prosecution that I should deal with you by way of a term of imprisonment to be immediately served and I agree with that.  Your prior convictions are not good.  They go back to 2010.  You have been placed in Youth Justice detention for offending.  You have been dealt with for numerous dishonesty matters.  You have been dealt with previously for recklessly causing injury to serious driving offences including driving in a manner dangerous.  You have been dealt with for being a prohibited person using a firearm.  You have been dealt with for making threats to kill, for assaulting emergency workers on duty, for engaging in reckless conduct which is endangering life, for burglary, for theft, undertaking and the retention of stolen goods and so forth. 

24You have got offending history which has been pretty consistent since 2010. 

25In those circumstances, this serious offending involving the assault upon and false imprisonment of someone who simply at the command of other people is - given your previous offending history - deserving of a term of imprisonment.  However, I am satisfied that the term that you have already served is sufficient response to the offending on this occasion. 

26I take into account the fact that you have ultimately pleaded guilty which shows that you have taken responsibility for your offending.  I accept that you have used your time in custody well.  I also take into account the fact that since March of this year whilst in custody you have been subject to the lockdown conditions arising from the COVID-19 pandemic.  You have been unable to see your partner and your children in that time. 

27I accept that you have got a good strong supportive network of family to return to on your release.  Again, I repeat, unless, however, you attend to your drug use, undoubtedly, Mr Cassells, this court will see you again. 

28I was to some extent attracted to the idea of placing you on a community corrections order simply to force you to undertake some - particularly - drug treatment.  But in the end, this is really a matter for you, Mr Cassells.  You are 27.  You are old enough to understand what you need to do.  A court should not have to stand over you to make you attend to a drug habit that will ruin everything that you have in your life.  All right? 

29In all the circumstances therefore, I am going to make it an aggregate sentence because in my view, the two sentences closely arise out of the same incident.  So I am sentencing you to an aggregate term of 610 days and I declare you have served this sentence by way of pre‑sentence detention.

30Pursuant to s.6AAA, I declare that had you not pleaded guilty, i would have sentenced you to a term of imprisonment of three and a half years and ordered that you serve a minimum term of two and a half years.  All right?

31OFFENDER:  Thanks Your Honour.

32HER HONOUR:  Thanks Mr Cassells.  I thank you ‑ ‑ ‑ 

33OFFENDER:  May I just say thanks - thanks for your speech, it means the world.  Like, it means a lot coming from you.

34HER HONOUR:  All right. 

35OFFENDER:  And Jake, I apologise for my input in whatever - the assault.

36HER HONOUR:  All right.  Did you hear that, Mr Quentin?  I hope so.  Can I get some - Mr Quentin, did you hear that?

37MR QUENTIN:  Yes, Your Honour.

38HER HONOUR:  All right.  And you understand that in sentencing Mr Cassells in the way I have, I am in no way ignoring what happened to you.  Do you understand that?

39MR QUENTIN:  Yes, Your Honour.

40HER HONOUR:  All right.  He has played a lesser role and that is why he is being sentenced as he is.  But I also wish to say to you and Ms van Egmond that it is quite clear that you have suffered enormously as a result of this offending and that I hope you understand that the fact Mr Cassells has received a sentence at all in relation to intentionally cause injury and false imprisonment gives you some idea of how seriously I regard that offending against each of you.  All right?

41MR QUENTIN:  Yes, Your Honour.

42HER HONOUR:  Thank you very much.  And I hope you did hear that apology.  I think you could make the apology to Ms van Egmond as well please, Mr Cassells.

43OFFENDER:  Yes.  Sorry, Ms van Egmond.  I apologise for all your suffering, your pain and suffering.

44HER HONOUR:  All right, good.  Thank you very much.  I thank counsel very much for their assistance, with their very helpful paperwork which meant I could sentence as I did today.  And we will adjourn to 9.30 tomorrow morning.  Thank you very much.

45COUNSEL:  As the court pleases.

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