Director of Public Prosecutions v Coates
[2022] VCC 391
•25 March 2022
| IN THE COUNTY COURT OF VICTORIA | Revised Suitable for Publication |
AT MELBOURNE
CRIMINAL DIVISION
CR-21-01720
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| SCOTT COATES |
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JUDGE: | HER HONOUR JUDGE GAYNOR | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | ||
DATE OF SENTENCE: | 25 March 2022 | |
CASE MAY BE CITED AS: | DPP v Coates | |
MEDIUM NEUTRAL CITATION: | [2022] VCC 391 | |
REASONS FOR SENTENCE
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APPEARANCES: | Counsel | Solicitors |
| For the Crown | Ms E. Fargher | |
| For the Accused | Mr T. Smurthwaite |
HIS HONOUR:
1 Scott Coates, you have pleaded guilty before me to one charge of trafficking a drug of dependence, one charge of false imprisonment, one charge of kidnapping, one charge of theft, one charge of damaging property, one charge of intentionally causing injury and one charge of possessing a drug of dependence. You have also pleaded guilty to two summary charges of unlawful assault and one summary charge of dealing with the proceeds of crime. The facts underlying your offending are as follows:
2 On the evening of 17 December 2020, into the early hours of 18 December 2020, the victim, Mr Causby, was socialising with a group of friends in Wodonga. A friend of Mr Causby, Lachlan Coghill, contacted you via Snapchat and made arrangements with you to buy 3 grams of cannabis for $50. You were to deliver this to Mr Coghill and he agreed to pay for the cannabis via his PayID application.
3 Soon after, Mr Coghill placed the order and Mr Causby fell asleep and did not transfer the money. Just after 8 am on 18 December 2020, you arrived at the address with your co-accused, Lachlan Nixon-May. You drove there in your black Mitsubishi Lancer, parking out the front and meeting with Mr Coghill out the front of the address. He explained to you that Mr Causby had fallen asleep and forgotten to make the payment. You handed over 3 grams of cannabis. These actions underly Charge 1 on the indictment – trafficking in a drug of dependence.
4 You became angry that you had not been paid and were led by Mr Coghill to the garage to show you Mr Causby had fallen asleep. Once you saw Mr Causby, you and Mr Nixon-May began punching, kneeing and kicking him, and these actions underly the summary charge of assault in company. Mr Causby tried to stand up but was forced back by you and Nixon-May. On one occasion, he fell to the ground but the two of you picked him up, put him back in the chair and continued hitting him.
5 You left the garage and went to your car whilst Nixon-May remained in the garage with Mr Causby – essentially keeping him there. That action – by Mr Nixon-May – in which you are complicit, underlies Charge 2 – false imprisonment. You came back to the garage holding a machete and demanded that Mr Causby direct you and Mr Nixon-May to his house. Out of fear, Causby agreed to direct the two of you to his residence in Wodonga, and this is where the Charge 3 on the indictment – kidnapping – begins.
6 You, Causby and Nixon-May got into your car and drove to Mr Causby’s address at his direction. You still had possession of the machete and during the ride, said to Mr Causby 'If there is anyone at your house, I'll fuckin' kill ya'. At about 8.30 am you arrived at Causby’s address and went inside, you demanding that Mr Causby direct you to items of value. Mr Nixon-May found an X-box which Mr Causby had not directed him to. Nixon-May then punched Mr Causby saying, 'Why didn't you tell us about the Xbox, what else are you, are you hiding?'
7 You found a PlayStation 1 and punched Mr Causby in the face with a closed fist. You and Nixon-May then ransacked the house stealing 91 items from Mr Causby including a video console, accessories and games (which was the vast majority of the items taken), some jewellery, which included a Tommy Hilfiger gold-coloured watch and two gold chains and a mound of clothing and accessories. You also stole an electric acoustic guitar. Your theft of these items underlies Charge 4 on the indictment – theft.
8 You then demanded Mr Causby sit on a stool and you restrained him with duct tape which you tied around his mouth, neck, hands, feet, and the stool. You continued to ransack the house and directed Mr Nixon-May to keep watching Mr Causby while you then went to the kitchen, picked up a kitchen knife and went into the backyard stabbing four holes in a canvas pool. These actions underly Charge 5 on the indictment – damaging property.
9 You then came back to the house saying to Mr Causby, 'Now you need to apologise to all your housemates, your friends, to Nelson Decogga, for all your fuck ups. You did this to them – you and your, all your mates are cut off from ever buying drugs in this town again. If I so much as hear you bought a stick, I'll come back. Now I'm carving SG into your leg on your tattoo to send a permanent message to all your boys not to fuck with Slump Gang.' Ultimately you throttled Mr Causby, involving you gripping his neck and shaking him for about 30 seconds. You then asked Nixon-May to pass you your karambit – which I understand to be some sort of knife, and cut the letters SG into the skin of Mr Causby’s leg resulting in superficial cuts to his left thigh. These actions underly Charge 6 on the indictment – causing injury intentionally.
10 You then went to the kitchen and smashed a Google Nest Mini device and severed its cords, and you believing it was recording the incident. These actions also underly Charge 5 on the indictment – damaging property. While Mr Causby was still restrained in the chair with the duct tape, you dragged him to a bedroom in such a way that caused the restraints to loosen. You and Nixon-May then ransacked Mr Causby’s bedroom – you demanding that he bring you and Nixon-May bags to put the stolen property in.
11 Because the duct tape had loosened, Mr Causby was able to leave the stool and got you bags, but was followed by Mr Nixon-May at your request. You picked up an electric acoustic guitar asking who it belonged to and Mr Causby replied, 'It belonged to one of your housemates.' You replying, 'I don't give a fuck, I'm taking it for my little homie' – referring, apparently, to Nixon-May.
12
You then asked Nixon-May to watch Causby while you went out the front and moved Mr Causby’s Commodore. You returned to the house and demanded Mr Causby write you a receipt which said he had sold you the car for $1,000. Mr Causby started writing this, but you then said, 'You've already fucked it up,' and snatched the paper from him. You then wrote out the receipt yourself and demanded Mr Causby sign it which he did. You then, with Nixon-May, started loading property into the Commodore and you made
Mr Causby help you do this.
13 Causby then wiped some blood from his eye. You told him you were going to give him a much worse beating before leaving, and then turned to Nixon-May and said 'Every time he says something I don't like, punch him in face.' You then said to Causby, 'Why did this happen today?' Mr Causby replying, 'Cause I fucked youse around.' You then looked at Nixon-May and Nixon-May punched Mr Coates with a closed fist.
14 You kept asking questions of Mr Causby which you did not like the answers to and punched him in the face a further three times. You stomped on his upper torso three times while he was on the ground, you stomped on his head twice, you kicked him in the ribs, and again, asked him questions which you were not happy with in relation to the answer, and Mr Nixon-May punched him at your direction. Eventually, you said to him, 'You don't fuck with the Slump Gang, that's why this happened today.' You then asked, 'Who ran through your house?' Mr Causby replied, 'You cocksuckers.' Mr Nixon-May then punched Mr Causby in the face. You said, 'Did I steal your car?' Mr Causby said, 'No, I gave it to you to repay a drug debt.'
15 These actions underly the second summary charge of unlawful assault being an assault in company. You also demanded that Mr Causby transfer $54 from his bank account to yours, which he did, and you also made Mr Causby carry out a factory reset of his mobile telephone. You then got into the Lancer and started to drive and Mr Causby got into the Commodore, which he drove and followed you, arriving at your address in Wodonga.
16 You then told Mr Causby to leave the driver's seat and move to the rear passenger seat, which he did. You took the driver's seat and you said to him, 'Where do you want to get dropped off? I'm going to make you walk back naked.' Ultimately, you told Mr Causby that you were going to drop him at the hospital 'To make it look like I didn't do it.' You then drove Mr Causby to the hospital where he got out and this was the end of, essentially, in terms of the facts underlying Charge 3, kidnapping. Your use of Causby’s car also is part of the charge of theft.
17 The matter was reported to police and you were arrested. At the time of your arrest, you had .4 grams of methamphetamine on you, which underlies Charge 7 on the indictment - possess a drug of dependence – and $1,000 in Australian currency which relates to the summary offence dealing with property being the proceeds of crime. You conducted an unhelpful record of interview. You admitted selling 'A little bit of pot here and there.' You essentially denied most of the offending, although you said that Nixon-May may have hit Mr Causby. Essentially, you minimised your offending.
18 You said 'I took him to hospital straight away. I, like, I didn't even fuckin' beat him that hard. Um like, obviously, Lachie fuck, I don't know what the fuck Lachie did to him. I might have smacked him, I might have smacked him on the head once - that was for wasting my time. After that, Lachie just went fucking rampant from his bipolar'. You agreed to theft, you agreed to taping him to the stool, but essentially, it was very much, in my view, a record of interview where you deflected blame away from yourself and minimised what you had done.
19 You were granted bail on 13 January. On 28 July last year at the contested committal, the matter was adjourned for the Crown to take instructions on a plea offer made at the door of the court. This was rejected, some evidence was heard, and the committal continued. At the end of that, the aggravated home invasion and home invasion charges were discharged.
20 You were released on bail, but this was revoked as a result of you engaging in further offending by way of an assault. Ultimately, the matter was settled to a plea on 26 November 2021. I now refer to the victim impact statement of Reece Causby. He said that as a result of this offending, he has become hypervigilant, extremely anxious in new situations, walking around town and through shops, in fact, in any place where he said you and Nixon-May might be. He said he was kicked out of the house, the offending damaged the friendships with his housemates and he said it completely ruined his relationship with his aunt and uncle because it was their car that was taken away and they had no insurance.
21 He stated 'It has me mentally in such a way that I've undergone 11 sessions with a psychologist due to having flashbacks and PTSD episodes that were affecting my ability to work competently'. He had a broken rib, a laceration to his right eye – for which he needed three stitches – bruising and swelling. He stated 'The crime has affected my social life as I don't hang out with friends I usually would, due to issues with anxiety and fears of getting caught up with the wrong people, being put in a threatening environment. My injury's impaired me from working for just over a month and many appointments with doctors and X-rays.’
22 I now turn to your personal circumstances.
23 You are now 24, the youngest of three boys born to your mother. Your parents separated when you're very young and you've had very little contact with your biological father. Your mother is an Aboriginal woman who is very active within her community and you have been brought up with good knowledge of your own Aboriginal culture. She re-partnered when you were very young and unfortunately, you were sexually abused by that man between the ages of 5 and 6. You did quite well at school, you passed Year 11 and after that, worked consistently in hospitality at takeaway cafes, as an apprentice baker, at a gold club and at a pub.
24 From about 2015 to 2018, you did musical gigs – essentially as a DJ, I understand - you having an interest in music and in 2018, you established an online business on Instagram where you were selling shoes, clothing and culture cards. The business had a registered business number.
25 Your problems essentially arose from a burgeoning drug habit that began when you started using cannabis from about the age of 12 which continued up until August of last year. When you were about 16 – and it would seem according to a reference written by your mother as a result of the music industries you were working in – you started experimenting with ecstasy, amphetamines, cocaine, LSD and GHB. In 2020, you started using methamphetamine, and this appears to have become a major problem for you. You also experimented with ketamine and magic mushrooms.
26
That sort of drug use has clearly interfered with your mental health. You had a number of issues arising from the sexual assaults that you endured as a child, although it was recognised and you did receive counselling at the time, and you also told Jeffrey Cummins, psychologist, whose report was tendered on the plea, that you had residual unhappiness over the lack of contact with your father. In any event, you appear to have been a fairly successful person in terms of your education and the subsequent employment, but your drug use became problematic, and you told
Mr Cummins that you had, in your late teens/early twenties, made several suicide attempts by hanging and by taking drug overdoses.
27 At the time of this offending, you were apparently very much under the influence of ice and Xanax. You spoke to Mr Cummins about the offending in a way that I regard as open and honest. You said that you “lost the plot” because you were “off your head” on drugs. You said you were selling cannabis at the time. You said that there was no justification for your behaviour and, indeed, there was not. But it does appear looking at your prior criminal history to be out of character. You have only one prior criminal matter which was from June in 2018 when the Albury Magistrates Court dealt with you for essentially public drunkenness and offensive language.
28 So you've gone from that sort of offending to this appalling offending against Mr Causby. The offending was cruel. It involved elements of torture in once sense but it also in my view marries up with your assertion that you were, to use your words, off your head on ice. It was an extraordinary episode of offending against a perfectly harmless human being who owed you $50 for cannabis and to whom you behaved like a mafia drug lord, quite frankly, with all the attendant behaviour such as directing Nixon-May to punch Mr Causby if he gave you an answer you didn't like, threatening, the standing over, the taping him up, the ransacking, the completely over the top reaction by the failure of Mr Causby to pay you $50 because he had fallen asleep.
29 So whilst I regard this offending as absolutely appalling in some ways, particularly looking at your prior criminal history, I am satisfied that this was not normal behaviour for you and that you were heavily under the influence of ice and Xanax. In saying that, of course, this does not excuse your behaviour which was absolutely dreadful but I do accept, as I said, that it was out of character.
30 It appears that this brush with the criminal justice system has led you to deal with a drug habit that has been problematic for you for many years. You were released on bail, as I have said, and you undertook a CISP program for four months. The report from the CISP program was extremely positive. It was stated that you were highly well engaged, you had good commitment, you attended all appointments, you showed good insight and participated fully in discussion. To CISP case manager, Jocelyn Johnson's, observation you were developing insight to the effect your illicit substance abuse has had on your life and interpersonal relationships.
31 However, your bail was breached. Apparently, soon after you were released from custody you formed a relationship with a woman who was also a drug user. You had previously been in a long term relationship with a young woman called Abbie Carmody, to whom I will shortly refer, an aged care nurse, but she broke up with you because of your continuing drug use and erratic behaviour.
32 In any event, you formed this second relationship and fell heavily back into ice use which escalated. You were involved in an assault and your bail was breached and you were put back in gaol which ultimately, was probably a good thing for you. In that time, it appears that you have used that experience well. You are a billet which is a position trust. You have undertaken several drug courses certificates for which I have received. You have also re-established a relationship with your mother and re-established a relationship with Abbie Carmody.
33 Your mother has been quite ill and during this period of time, even though you were using drugs, you worked as her carer before going back into custody and she writes in her written reference to this court of the invaluable assistance that you gave her during this time. I have also received a reference from Abbie Carmody talking about the change that she has observed in you. You have plans on your release to leave the Wodonga area. You have been offered an apprenticeship in auto mechanics. Around the conversation during the Koori Court hearing, you, your mother and Abbie all talked about the plan that you all move to the Melbourne area and live together there.
34 Mr Cummins assessed you as being of, at least, high-average intelligence. He believed that drugs very much underlay your offending. He spoke of you suffering from depression over a number of years and I note that you are now on an antidepressant. He stated, 'In my opinion his offending behaviour was significantly motivated as a result of him living a drug using lifestyle and seeking to fund his drug using lifestyle through selling cannabis. I did form the opinion that if he does resume using drugs upon his release from custody, his next approach to rehabilitation should involve and undertaking a period of residential drug rehabilitation'.
35 However, he described you as extremely remorseful for your offending and showing good insight. He believed you had a number of protective factors. He stated, 'He presented as being at least high-average intelligence. At interview he did display a high-level insight into his current level and psychological functioning as well as into his historical psychological functioning'.
36 I am satisfied that you are remorseful for your offending, notwithstanding, the history of this matter. I regard you as having positive prospects of rehabilitation as long as you stay off drugs. If you go back on drugs then unfortunately, Mr Coates, all that awaits you is a life of going in and out of gaol. As a result of this court hearing you will serious prior criminal matters on your record which magistrate or judge in the future will be made aware of.
37 I have had you assessed for a community corrections order and you have been found suitable. I do propose to deal with you by way of the imposition of a term of imprisonment as well as a release on a community corrections order. Ordinarily, if you did not have the very limited prior criminal history that you do have, if you did not present in the way that you now present with the supports that you do have, I would have sentenced you to a term of imprisonment involving a maximum and a minimum term.
38 However, because of your age (you are not quite a youthful offender but you are a young man) because of the positive aspects I have referred to, because of the supports you enjoy, I am prepared to deal with you in this way. However, it is clear to me that this appalling offending, even though it was out of character, does required that I attend to the principles of general deterrence, that is, sentencing which puts other people off offending in this way, denunciation of your behaviour and conduct and punishment for that conduct.
39 I do not regard 235 days as sufficient for that offending so I am going to impose a term of imprisonment combined with a community corrections order. That will mean that you have to serve a longer period of time then you already have. But let me make it very clear, Mr Coates, that sort of offending could ordinarily have attracted, had your prior criminal history been worse, something in the region of four years with a minimum of two years or five years with a minimum of three years. Do you understand?
40 MR COATES: Yes, Your Honour.
41 HER HONOUR: You have left Mr Causby with post traumatic stress disorder quite understandably. He has suffered socially. He continues to have emotional difficulties. He was a completely innocent victim here and you essentially destroyed every aspect of his life at the time, his capacity to work, his friendship, his accommodation. You did him very, very great wrong and you need to bear that in mind.
42 As I have had said in sentencing you, I take into account the positive matters that I have referred to. I regard the offending as all arising from the same incident and, therefore, I'm going to deal with it by way of an aggregate sentence. In terms of this offending, on charges 2 ,3 and 4 you are sentenced to an aggregate term of 11 months imprisonment. I declare the 235 days of that sentence already been served by way of pre-sentence detention. On the remaining charges you are to be released on a community corrections order for a period of two years.
43 So I need to explain to you what the core conditions are on the community corrections order which I can only place you on with your consent. They are that on your release on the community corrections order you are report to the community corrections office within two working days. I would be grateful if counsel would not mind in, so if we go back, I'm trying to work out what date it will be when he's released. So, anyway, we will have a look at that.
44 In any event, whilst on the order you must not commit any offence punishable by imprisonment. That does not mean that you have to commit an offence for which you are then gaoled. It means if you commit an offence for which theoretically you could be gaoled, you will be brought back before this court and I will re-sentence you on this order. You must report any change of address or employment within 48 hours of that change. You may not leave Victoria without the permission of the community corrections office. You must not attend upon the community corrections office under the influence of drugs or alcohol. You must report to the community corrections office as directed and you must obey all lawful directions of the community corrections office.
45 I am also going to order that you undertake 150 hours of unpaid community work. You are to attend for treatment and rehabilitation for drugs and alcohol and you are to undergo assessment and treatment for mental health difficulties. There will be supervision and you will be placed on judicial monitoring.
46 And I am going to stand while the - I have to interpose another matter. I am not quite sure how we are going to do that. I might do it from my - that's the - I will stand down while that's done and also the paperwork has to be organised. So I am just going to put everybody or I will leave the Bench and my associates will tell you what is happening after that.
47 Pursuant to s6AAA I declare that had you not pleaded not guilty I would have sentenced you to a term of imprisonment of three years and order that you serve a minimum term of two years.
48 All right. I will just stand down while that is all sorted and then we will come back to you. All right. Thank you very much. I will just stand down.
(Short adjournment.)
49 HER HONOUR: Thank you, I apologise. Well, just had a bit of confusion about whether or not Mr Coates needed to sign the corrections order but he doesn't have to. It is simply a matter of him agreeing to enter the order and the paperwork will be sent later on. So that takes care of everything. I thank counsel for their assistance and we will stand down to 10.30. Thank you very much.
50 MR SMURTHWAITE: Thank you, Your Honour.
51 MS FARGHER: Can I confirm that the forfeiture and disposal orders have also been made by Your Honour.
52 HER HONOUR: Yes, I do make those orders. Thank you very much.
53 MS FARGHER: Thank you, Your Honour.
54 HER HONOUR: All right, thank you. I will stand down to 10.30 as I said. Thank you.
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