Director of Public Prosecutions v Cooper

[2019] VCC 2187

IN THE COUNTY COURT OF VICTORIA Revised
Not Restricted
Suitable for Publication

AT MELBOURNE
CRIMINAL JURISDICTION

CR 18-02374

DIRECTOR OF PUBLIC PROSECUTIONS

v

BRODIE COOPER

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JUDGE:	HIS HONOUR JUDGE DEAN
WHERE HELD:	Melbourne
DATE OF HEARING:	13 December 2019
DATE OF SENTENCE:	18 December 2019
CASE MAY BE CITED AS:	DPP v Cooper
MEDIUM NEUTRAL CITATION:	[2019] VCC 2187

REASONS FOR SENTENCE
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Subject:

Catchwords:      Reckless conduct endangering persons; Prohibited person possession of a firearm; Violent confrontation; Use of firearm; Denunciation; General deterrence; Extensive criminal history; Specific deterrence; Progress made towards rehabilitation;

Legislation Cited:
Cases Cited:
Sentence:

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms S. Thomas	Office of Public Prosecutions
For the Accused	Mr A. Malik	Papa Hughes Lawyers

HIS HONOUR:

1Brodie Cooper, you have pleaded guilty to one charge of reckless conduct endangering persons contrary to s.23 of the Crimes Act 1958. The maximum penalty for that offence is five years imprisonment.

2You have also pleaded guilty to one charge of being a prohibited person in possession of a firearm contrary to s.5 of the Firearms Act 1996. The maximum penalty for that offence is 10 years imprisonment.

3You pleaded guilty at a final directions hearing in this court following a contested committal hearing and the matter being listed for trial.  Accordingly, yours is not an early plea of guilty, but it has nevertheless spared the community the burden and cost of a criminal trial, and I also accept that it is evidence of a limited degree of remorse for your offending.

4You have admitted an extensive criminal history for a range of very serious offences, including weapons offences and offences involving the use of violence.  In 2011, when you were just 20 years of age, you were sentenced to six years imprisonment with a non-parole of three years by the Supreme Court of Victoria for offences of aggravated burglary, kidnapping, intentionally causing serious injury and reckless conduct endangering life.  I have read the sentencing remarks of the sentencing judge, Kaye J, and it is plain that your offending on that occasion was extremely serious. 

5Despite the lengthy sentence of imprisonment imposed upon you on that occasion, you have continued to offend, and when the offences before this court were committed, you had recently been released from prison and were serving a Community Correction Order. 

6Accordingly, your criminal history is of significance for sentencing purposes in this case and specific deterrence is a prominent sentencing consideration.

7A prosecution opening was read to the court and tendered in evidence, and your offending may be summarised as follows –

8On 23 May 2018, you were residing temporarily with your mother and her partner, Christopher Wilson, in premises located in Melton South.  Their neighbours, Sarah Reynolds and Jason Lee, were experiencing problems with the occupants of your mother's house, and on the morning of your offending, the situation escalated into a violent confrontation.

9Following a dispute over carparking, Reynolds telephoned Lee at work.  He returned and approached your house in an aggressive state.  A physical altercation took place outside the premises between the two of you, during which Lee struck you with a hammer.  The fight was broken up by Wilson and you then retrieved a small calibre loaded rifle from your house.  You threatened Lee and Reynolds with the firearm, and after Lee challenged you to fire a shot, you did so into the driveway of his house.  A fragment of the concrete struck him in the leg, but he did not suffer a serious injury as a result.

10Your offending was reported to police and you were arrested on 20 June 2018 and remanded in custody where you remained.  In a record of interview with investigators, you denied being armed with the rifle and firing it, and otherwise provided an untruthful account to them.  The rifle used in the offending has not been recovered.

11It is plain that your offending is of the utmost seriousness and the offences you have pleaded guilty to are serious examples of those crimes.  Whilst I accept that the offences were preceded by provocative and violent behaviour by Lee, you escalated the incident in a completely unwarranted manner and used a firearm on private property to intimidate and threaten a person who had challenged you.

12Lawlessness and the use of firearms in these circumstances must be denounced by this court, and the public protected from persons like you who are prepared to offend in this manner.  The sentence must be calculated to deter persons from resorting to violence of this type and the use of firearms in that context.

13You are also a person prohibited from possessing a firearm at the time, and you must also be punished for this separate and distinct offence.  It is the responsibility of the court to ensure that the strict regulatory framework regarding the possession of firearms in this state is enforced. 

14I now turn to your person circumstances. 

15You were born in Melbourne on 28 November 1990 and are now aged 29.  You have two children by different partners aged 10 and 2 years.

16Your childhood and formative years were characterised by extreme disadvantage and neglect, principally due to your mother's severe drug addiction.  You attended numerous schools before leaving school in Year 8.  Regrettably, you have no relevant skills or established work history.

17You began abusing alcohol at the age of 10 and later in life, illegal drugs.  Your disrupted and chaotic background is a direct cause of your extensive criminal history by reason of your impaired impulse control and capacity for reasoned decision making.

18I have received in evidence a psychological report of Mr Warren Simmons setting out your developmental history and current psychological profile.  I accept that you require ongoing treatment and counselling for drug and alcohol dependency.  You have undertaken extensive counselling and treatment for addiction in custody, and I accept that you are now making significant progress in relation to insight into your offending and drug and alcohol relapse prevention. 

19You are also highly motivated to play a positive role in the care of your children in the future, and these developments are very much to your credit.

20Nevertheless, in my opinion, your prospects for rehabilitation must be approached with caution.  As I have said, specific deterrence is a prominent sentencing consideration in your case.

21On Charge 1, the charge of reckless conduct endangering persons, you are convicted and sentenced to be imprisoned for three years.

22On Charge 2, the charge of being a prohibited person in possession of a firearm, you are convicted and sentenced to be imprisoned for two years.

23I direct that one year of the sentence on Charge 2 be served cumulatively on the sentence on Charge 1.  This makes for a total effective term of imprisonment of four years.

24I direct that you serve two years and nine months before becoming eligible for release on parole.

25I declare that you have served 546 days pre-sentence detention not including today.

26But for your plea of guilty, I would have imposed a total effective term of imprisonment of five years and six months with a non-parole period of four years.

27I have made the ancillary orders sought by the prosecution.

28Thank you.  Is there anything further? 

29No, thank you. 

30Mr Cooper, that means that you will be eligible for release on parole in about 15 months.  Thank you.

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