Director of Public Prosecutions v Corless

[2019] VCC 501

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

AT BALLARAT
CRIMINAL JURISDICTION

CR 18-00999

DIRECTOR OF PUBLIC PROSECUTIONS

v

SHANNON CORLESS

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JUDGE:	HIS HONOUR JUDGE MEREDITH
WHERE HELD:	Ballarat
DATE OF HEARING:	10 April 2019
DATE OF SENTENCE:	10 April 2019
CASE MAY BE CITED AS:	DPP v Corless
MEDIUM NEUTRAL CITATION:	[2019] VCC 501

REASONS FOR SENTENCE
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Subject:  CRIMINAL LAW

Catchwords:  Intentionally cause serious injury, knife attack, dangerous driving causing serious injury, rear end collision. Disadvantaged background, prior criminal history.

Legislation Cited:
Cases Cited:
Sentence:                  TEFS 10 years, NPP 7 years. Fines totalling $1,000.

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr G. Hevey	Solicitor for the Director of Public Prosecutions
For the Accused	Mr J. Westmore	James Dowsley & Associates

HIS HONOUR: 

1Shannon Corless, you have pleaded guilty to the following offences, Charge 1 - it is all right, you can be seated for a while, this will take some little time.  Charge 1 of causing serious injury intentionally, which has a maximum penalty of 20 years' imprisonment; Charge 2, theft of motor vehicle, having a maximum penalty of ten years' imprisonment; Charges 3 and 4 of dangerous driving causing serious injury, respectively to Ms Jenna Norman and to Mr Darren Tucker, this offence carries a maximum penalty of five years' imprisonment; and Charge 5 of failing to render assistance, where a person is killed or seriously injured, in your case, seriously injured, which has a maximum penalty of ten years' imprisonment.

2You have also pleaded guilty to three related summary offences, each occurring on 5 March 2017.  Respectively they are related summary offences nine through to 11, inclusive: unlicensed driving which has a maximum penalty of one months' imprisonment; using an unregistered motor vehicle which has a maximum penalty of 50 penalty units; and fraudulent use of number plates, which has a maximum penalty of three months' imprisonment. 

3Tendered on the proceedings before me, was a summary of prosecution opening which set out the factual basis on which I will sentence you.  Also tendered were photographs and there was no dispute in relation to the content of the prosecution summary of the circumstances of your offending.  You have pleaded guilty to offending that relates to two separate incidents occurring respectively on 25 January and 5 March 2017. 

4Regarding the first incident, your victim was Mr Jacob Branch.  He had met you approximately two months prior to your offending.  In the early hours of the morning of 25 January 2017, Mr Branch was seated in a lounge room chair at the residence of a mutual female associate of yours.  You entered the residence through the front door and were armed with a large hunting knife, which you had brought with you.  On entering the lounge room, you walked toward Mr Branch.  You walked straight towards him and said, "Where the fuck have you been?  You've been with Tina, haven't you?"  He responded, "What?  I have been with Jenna at her house".

5Tina is a reference to your ex-partner.  You then kicked Mr Branch with your right leg without provocation.  Your foot struck the top of his head, causing his head to fall back into the chair.  This caused him to become disoriented and experience significant pain.  When he attempted to sit up again, you said, "You're lying.  You've been with Tina".  You then struck him in the head with the knife that you were carrying.  As a result, he sustained a large laceration to his head, causing him to bleed profusely.  The conduct which I have just described constitutes Charge 1.

6After striking him with the knife, you yelled, "Where's the keys?".  You located the keys to his Toyota station wagon that was parked in the driveway.  You then left the property in your victim's vehicle.  This constitutes Charge 2 of theft of motor vehicle.

7Mr Branch was conveyed to the Ballarat Hospital by ambulance and he suffered a deep laceration to his forehead of approximately 20 centimetres in length.  Later that morning he was transferred to the Alfred Hospital in Melbourne for further treatment.  He sustained the following injuries: a 20 centimetre-full-thickness laceration; haemorrhage and loss of blood; a left zygomatic fracture, that is a cheek bone; and permanent scarring from his ear and across his forehead.  He will bear a physical scar across his forehead for the rest of his life as a result of your conduct.

8He is said to be highly likely to suffer long-term psychological harm from the trauma which he experienced at your hands.  On 26 December 2018, over a year after your offending, Dr Sutherland provided a report and noted that Mr Branch's physical and mental injuries are rated as severe.  Between 28 November and 20 December 2017, he attended clinical psychologist, Ms Cook and participated in a number of sessions.  She has made a report dated 21 December 2018 and expresses her opinion that at that time, Mr Branch met the diagnostic criteria for post- traumatic stress disorder. 

9On or about 10 May 2017, a mutual acquaintance of you both brought you to the premises of Mr Branch, where you spoke with him about the incident of 25 January 2017.  You made an apology to him for your attack of him.  When you were ultimately arrested on 11 May 2017, you were interviewed by police and provided a no comment response to questions that were asked of you.

10Regarding the second incident, your victims are Darren Tucker and Jenna Norman, aged 52 and 30 respectively.  At approximately 2 pm on 5 March 2017, you were the driver of a stolen Mitsubishi Lancer with false number plates affixed.  You are not charged with the theft of this vehicle.  You had two passengers on board, one of whom was Jenna Norman, who was seated in the front passenger seat.  The other passenger was Adam Collins.  An independent witness, Mr Diamond, estimates that you were travelling at around 80 to 90 kilometres per hour in a 60 kilometre per hour zone, in Rubicon Street in Ballarat.

11After the collision, Mr Collins told police that you had been driving, "Way too fucking fast".  Your other victim, Mr Tucker, was stationary in a Commodore utility at the intersection of Rubicon and Cromwell Streets.  He was waiting to do a right-hand turn out of Rubicon Street.  You broke heavily and had a rear-end impact with the stationary Commodore driven by Mr Tucker.  As a result of the impact, Ms Norman, your passenger was knocked out. 

12She was conveyed to the Ballarat Base Hospital and she suffered the following injuries: a deep cut to her forehead, requiring 26 stitches; her nose was broken in three places; she had a split lip requiring six to seven stitches; three broken ribs; her humerus was fractured in three places and she had bruising to the hip.  She still apparently suffers memory loss and blurred vision as well. 

13Mr Tucker was conveyed to the Ballarat Base Hospital where he remained until 9 March 2017.  He was treated for a broken back in which he sustained three fractures to the T9 vertebrae at the front and one to the rear.  On 9 March, Mr Tucker was transported to the Epworth Hospital in Melbourne where he required surgery.  Eight screws and two metal rods were permanently inserted into Mr Tucker and he remained at the Epworth until 17 April 2017.  On 22 April, Mr Tucker presented at St Vincent's Hospital due to an infected wound and he remained at that hospital until 28 April 2017.

14The injuries sustained by Mr Tucker, prevented him from attending his usual employment for a period, during which he received only 80 per cent of his wage, via TAC payments and this had significant impact on his ability to support his family.

15Your driving in the manner outlined, causing the rear-end collision constitutes Charges 3 and 4 of dangerous driving causing serious injury.  Respectively, this is to Mr Tucker and Ms Norman.  After the collision, you ran off and did not approach Mr Tucker nor render any assistance to Ms Norman.  This constitutes Charge 5 of failing to render assistance.  When interviewed regarding this second incident, on 11 May 2017, you declined to comment.  The related summary offences nine through to 11 inclusive, also arise out of your driving on this occasion.

16A victim impact statement from Mr Jacob Branch as well as Mr Darren Tucker has been received.  I have had regard to the relevant and admissible portions of these documents.  Mr Branch speaks of the profound and ongoing impact which your actions have had on him.  He speaks of the physical, financial, social and emotional impacts of your actions.  He describes 25 January 2017 as the day his life changed forever.  He also exhibits a commendable sense of compassion and mercy toward you and states at the end of his victim impact statement,

"To the defendant, I truly believe you do feel genuine remorse from that night and I believe you were extremely drug-affected and not in a healthy mindset.  I do believe this was an unfortunate situation for us both, but you at the end of the day, brought a knife.  I almost lost my life on the night but one thing that I know and so does Shannon, is never mistake a person's kindness for weakness and I truly hope Shannon finds some peace within himself and comes out of prison a better person".

17Mr Tucker variously states,

"The crime has had a significant effect on my life.  I now have trouble sleeping and sometimes lay awake at night, thinking about all of the what-if's that could have happened.  I now have trouble doing the simple things in life and this frustrates me a lot.  [He goes on to say] I can no longer enjoy the activities and hobbies that I used to.  I have been reduced to a spectator for life.  It has affected my working life greatly.  I am no longer able to work 38 hours a week.  I can only manage 16 hours per week, due to the pain.  If I lose my job, chances are I will never work again because no one will employ me with the injuries."

18Like Mr Branch, Mr Tucker has been profoundly affected by your actions.  As I earlier outlined, two medical reports and associated documents have been tendered in regard to Mr Branch.  Dr Sutherland, in his report of 26 December 2018 states,

"In my opinion, Jacob's physical and mental injuries rate as severe.  He has a large forehead scar which he is understandably self-conscious about and he always feels the need to wear a cap to cover his scar, when in public.  He has ongoing severe anxiety requiring psychological counselling, therapy and medication".

19Ms Laura Cook, psychologist in her report of December 2017 indicated that at that stage, testing indicated that Mr Branch scored very severe in terms of symptoms consistent with anxiety, severe in terms of symptoms consistent with stress and diagnosed him, as at that time, suffering from a post-traumatic stress disorder. 

20Turning to your own personal circumstances, you were supported in court, I note, by your mother and the mother of Ms Corless, who I am told is currently in prison.  You are now 38 years of age and were 36 at the time of your offending.  You have a background of disadvantage at a number of levels, including exposure to drug abuse, lack of appropriate role modelling and some exposure to violence.  In summary, your parents separated when you were about three years of age.  Initially you lived with your mother.  Both of your parents at that time, had substance abuse issues and were in and out of gaol. 

21You were introduced to drugs by your parents and you report that you began using cannabis at around the age of eight.  You commenced using amphetamines at around the age of 11 and report that by ages 12 to 13, you were using daily.  Your mother apparently dealt drugs when you were a child.  At around the age of 11 or 12, your mother was incarcerated.  You then went to live with your father.  Ultimately at around the age of 14, your father died during what is described as a bender, that you both shared to celebrate your mutual birthdays.  Whilst you were living with your father, I am told you were exposed to violence in the form of drunken brawling, between co-tenants or housemates.  You, yourself however, were not involved directly. 

22Your schooling was fragmented and you report having attended some 14 different primary schools.  You did not really get very far in high school as you were using drugs, not attending and of the various experiences that you had whilst living with your father.  You have a limited work history.  A number of people close to you have died, either by overdose or other means related to substance abuse.  Apparently about ten years after your father's death, you were present when your step-father overdosed.  In addition to cannabis and amphetamine, in or about 2000 you commenced using methyl amphetamine or ice, as that drug is usually known, on about a daily basis.

23Apparently you were using in that fashion, at the time when you were arrested on these matters.  You would also use heroin, prescription medication such as Benzodiazepines and currently it seems, you have been prescribed methadone.  You have a six year old daughter to a former partner but have not seen her for a number of years and as I have said, your current partner is in custody.

24You have a lengthy prior criminal history.  In 2006 you received a total effective sentence of four years with a two year minimum for aggravated burglary and related offending.  You have been dealt with for a variety of dishonesty, driving and cause injury offences.  Most recently, in April 2016 you received a six- month term of imprisonment.  In March 2014 you received an 18- month term of imprisonment.  In April 2013, three months and November 2012, 14 months.  And then a range of earlier sentences that I do not need to recite for the purposes of these remarks.

25The offending on which I must sentence you, represents a considerable escalation from the offending on which you have received the sentences that I have earlier outlined.  You have pleaded guilty to all of the charges and the history of this matter is set forth in the summary of prosecution opening and for the purposes of these reasons, I will recount it.

26After your arrest on 11 May 2017, a filing hearing occurred on 12 May and the matter was then adjourned to 3 August for a committal mention hearing.  An application for compulsory examination of Adam Collins was made and this was listed alongside a committal mention hearing set for 3 August.  On 3 August, the application for compulsory examination was granted and that was listed for 30 August.  The matter was set down for a further committal mention on 28 September and a committal hearing was set down for 2 November 2017.

27On 28 September 2017, the court was advised that you had engaged new legal representation and an adjournment of the matter was sought to 26 October.  On that day, the committal which had been set down for 2 November was deferred.  On 2 November an adjournment was sought by both defence and prosecution as forensic analysis results were pending.  The matter was then adjourned for a committal on 15 March 2018.  At the committal hearing on 15 March 2018, you were not transported to court and the matter could not proceed and the matter was then adjourned to 10 May 2018.

28At the committal on 10 May 2018, the committal proceeding regarding your attack of Mr Branch was conducted.  The driving charges proceeded by way of straight hand-up brief with you declining to cross- examine any witnesses and at that stage, you entered pleas of not guilty.  The matter involving the offending of 5 March 2017, that is the driving matter, resolved on 26 July 2018 when the prosecution accepted a defence offer of 29 June 2018.  The matter involving the offending of 25 January 2017, that is the incident involving Mr Branch, resolved on 7 February 2019 when you accepted an earlier prosecution offer of 20 November 2018.

29Whilst your pleas of guilty were not given at the earliest opportunity, nonetheless they have, notwithstanding the fact that Mr Branch was
cross-examined at the committal, saved the community the cost and time of a contested trial of your matters.  It has also done away with the need for your victims and other witnesses, to have had to give evidence before a jury.  The law requires that you will receive an appropriate reduction in your sentence, due to the fact that you have pleaded guilty.  On the whole of the materials, including your plea of guilty and your apology to Mr Branch, I accept that you demonstrate some remorse and your plea of guilty is an acceptance of responsibility for your offending.

30Given your personal and prior criminal history, allied with your entrenched long-standing abuse of stimulant drugs, I can only be cautiously optimistic regarding your prospects of rehabilitation.  Having said that, you do have the capacity to reform and if you do commit to remaining drug free, your prospects will improve.  Time can only tell.  Both sets of your offending are in my view, serious examples of the respective offences charged.  The offence of intentionally causing serious injury carries a maximum penalty of 20 years' imprisonment.  It is inherently serious. 

31Here, you attended the premises and your victim was seated in a chair and you kicked him to the head.  Not content with that, when he was suffering from the blow, you wielded the large hunting knife that you had brought with you, to his head region.  An inherently dangerous weapon that struck him to the forehead and ear region.  By your plea of guilty, you acknowledge intending to cause serious injury to your largely defenceless victim.  The circumstances of your attending at the premises with the hunting knife, remain largely unexplained.  Having reflected on the matter, I cannot sentence you on the basis that you attended armed, intending to attack Mr Branch. 

32There was previously in existence a charge of aggravated burglary, which as part of a negotiated resolution of your matter was withdrawn.  I am not in any way critical of the prosecution for this.  It means however, that I cannot sentence you on the basis that you committed the serious offence of aggravated burglary when that charge is not before me.  Also, your attendance with the knife is consistent with a range of different potential explanations and I cannot be satisfied beyond reasonable doubt on the basis of the material before me, that you did so, intending to attack Mr Branch with it.

33Given the nature of this weapon and that you struck Mr Branch to the head and/or facial area with it, I am satisfied that you did so, knowing that the obvious result would be to cause a serious injury.  Notwithstanding that you only wielded this knife once, yours is, in my view, a serious example of this offence, given that your victim was largely defenceless and that you wielded a weapon inherently very dangerous, in the manner in which you did. 

34So far as your driving is concerned, it in my view, represents a serious breach of your obligations as a driver.  You ploughed into the rear of Mr Tucker's stationary vehicle.  This conduct is objectively serious and your driving demonstrates a high moral culpability.  Apparently excessive speed and distraction explained this offending.  Your victims have suffered serious, ongoing injury and you failed to render assistance, fleeing the scene.  Whilst you may have been in a drug-addled state, at the time of your offending in regards to Mr Branch, given that you were a daily ice user, this contextualises but does little to mitigate your offending.

35This is notwithstanding that the seeds of your long-standing drug abuse and exposure to violence have arisen from your disadvantaged background.  This, in the circumstances of your offending, is of little mitigatory value.  In sentencing you, general deterrence, the court's denunciation of your conduct, specific deterrence given your prior history and that the two episodes of serious criminal offending occurred proximate in time to one another, as well as the need for community protection, all of these sentencing factors require appropriate emphasis in my sentencing of you.  Balance all matters then, I propose to sentence you as follows.  Would you stand up, sir?

36On Charge 1 of intentionally causing serious injury, seven years' imprisonment;

37On Charge 2, theft of a motor vehicle, six months' imprisonment;

38On Charge 3, dangerous driving causing serious injury, two years' imprisonment;

39On Charge 4, dangerous driving causing serious injury, three years' imprisonment; and

40On Charge 5, failing to render assistance, two years' imprisonment.

41On related summary offences nine through to 11, I fine you respectively $250, $250 and $500. 

42I direct that the sentence that I have imposed on Charge 1 of seven years, is the base sentence and I cumulate on it and on each other, the following terms of imprisonment: nine months of the sentence imposed on Charge 3; 18 months of the sentence imposed on Charge 4; and nine months of the sentence imposed on Charge 5.

43This makes a total effective sentence of ten years' imprisonment and I will fix a non-parole period of seven years.  Also, on each of Charges 3, 4 and 5, I cancel any licences which you may have to drive on Victorian roads and disqualify you from driving for a period of six years. 

44I will declare 699 days served by way of pre- sentence detention and I am required to state the sentence that I would have imposed, but for your plea of guilty.  In doing this, I note it is highly artificial to seek to pluck one matter out in isolation and ascribe a value to it.  Nonetheless, doing the best I can, but for your pleas of guilty, I would have sentenced you to total effective terms of imprisonment of 12 years and fixed a minimum term of nine years' imprisonment.  Have a seat, sir.

45I will declare pre-sentence detention of 699 days.  Anything further required?

46MR HEVEY:  No, Your Honour.

47HIS HONOUR:  Is there any further ancillary orders?

48MR HEVEY:  I am just wondering whether there is a confiscation of the knife, but I would want it to be found that Your Honour so ‑ ‑ ‑

49HIS HONOUR:  All right.  Well look, if there is ‑ ‑ ‑

50MR HEVEY:  I will attend to it.

51HIS HONOUR:  ‑ ‑ ‑ I will make that in Chambers.

52MR HEVEY:  Thank you.

53HIS HONOUR:  I do not imagine ‑ ‑ ‑

54MR HEVEY:  Sorry, there is a forfeiture order, Your Honour, I am sorry.

55HIS HONOUR:  Of the knife?

56MR HEVEY:  No, no, just the plates, Your Honour.  One of the plates was found - number plates ‑ ‑ ‑

57HIS HONOUR:  All right.  Thanks.  No opposition to that, Mr Westmore?

58MR WESTMORE:  No, Your Honour.

59HIS HONOUR:  All right.  Thanks.  Thank you.  If you could return Mr Corless to custody, please?

60(At this stage the accused left the court.)

61HIS HONOUR:  All right.  Thanks.  Nothing further?

62MR HEVEY:  Nothing further, thank you, Your Honour.

63HIS HONOUR:  All right.  Thank you.

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