Director of Public Prosecutions v Corsi
[2022] VCC 1621
•21 September 2022
IN THE COUNTY COURT OF VICTORIA Revised
Not Restricted
Suitable for PublicationAT MELBOURNE
CRIMINAL JURISDICTIONCR 22-00070
DIRECTOR OF PUBLIC PROSECUTIONS v CARLO CORSI ---
JUDGE: HIS HONOUR JUDGE LAURITSEN WHERE HELD: Melbourne DATE OF HEARING: 14 September 2022 DATE OF SENTENCE: 21 September 2022 CASE MAY BE CITED AS: DPP v Corsi MEDIUM NEUTRAL CITATION: [2022] VCC 1621 REASONS FOR SENTENCE
---Subject: CRIMINAL LAW
Catchwords: Sixteen charges arising in a family violence context including one Commonwealth charge – offences represent a serious form of family violence – profound impact on the victim – early pleas of guilty following a Sentence Indication Hearing – uncertain prospects of rehabilitation – offender sentenced as a serious violence offender on one charge
Legislation Cited: Sentence Act 1991
Cases Cited: Worboyes v R [2021] VSCA 169Sentence:State: total effective sentence of 48 months’ imprisonment with a non-parole period of 33 months’ imprisonment
Federal: three months’ imprisonment to commence at the expiration of the non-parole period on the State charges
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APPEARANCES:
Counsel Solicitors For the Director of Public Prosecutions Mr T. White Office of Public Prosecutions For the Accused Ms H. Anderson (Plea)
Mr S. Russo (Sentence)Gallant Law
H HIS HONOUR:
1Carlo Corsi, you have sought a sentence indication, which I gave in relation to:
(a) four charges of causing injury recklessly, being Charges 1, 3, 4
and 11;(b) three charges of false imprisonment, being Charges 2, 5 and 10;
(c) a charge of damaging property, being Charge 14;
(d) two charges of common assault, being Charges 7 and 8;
(e) two charges of threat to kill, being Charges 6 and 9;
(f) a charge of using a carriage service to harass, being Charge 12;
(g) a charge of burglary, being Charge 13; and,
(h) two charges of theft, being Charges 15 and 16.
2The maximum penalties for these offences are:
(a) causing injury recklessly, 5 years' imprisonment;
(b) false imprisonment, 10 years' imprisonment;
(c) damaging property, 10 years' imprisonment;
(d) common assault, five years' imprisonment;
(e) threat to kill, 10 years’ imprisonment;
(f) using a carriage service to harass, five years' imprisonment;
(g) burglary, 10 years' imprisonment; and,
(h) theft, 10 years' imprisonment.
3Having accepted my indication, there was a plea hearing and now I am sentencing you.
4The circumstances underlying your offending are set out in a very detailed document entitled, 'Summary of Prosecution Opening on Plea', which is Exhibit A. Its factual content was accepted as correct by your counsel.
Circumstances
5At the time of these events the victim was 23. She cared for her four children, aged 13 months, two, five and six. She met you on social media in May 2021. Within a few weeks you had moved your belongings into her house and started an intimate relationship. You also started to be emotionally, physically and sexually abusive towards her.
3 July 2021
6On Saturday, 3 July 2021, you asked her to go with you to Epping. You drove and she was the front seat passenger. You started bumping into her and she said, 'Don't touch me, you fucking dog'. You grabbed her face, stuck your fingers into her eyes and squeezed so hard that her lips split and bled. These circumstances constitute Charge 1, a charge of recklessly causing injury.
7You then said, 'You are going to keep your head on my groin', and forced her head onto your lap while you drove. You told her she was not to get up and drove with her head in your lap from Epping to Ballarat, despite her repeatedly asking you to let her get up.
8You told her that if you ran out of fuel you were going to, 'belt the fuck', out of her. You did not stop for fuel for fear she would escape. She pleaded with you to get fuel because she did not want to be assaulted. You kept telling her how many kilometres were left in the car until it was empty. These circumstances constitute Charge 2, false imprisonment.
9When you and she arrived back at the house, she tried to get out of the car but you grabbed her by the back and said, 'You do not fucking move until I get around to the door'. You went to the door and said to her, 'I'm going to follow you everywhere now'. You did not let her out of your sight.
10Throughout that evening, you punched and kicked walls in the house, causing holes everywhere. No offence has been charged over these acts.
11You then back-handed her face, slapped and hit the back of her head. You grabbed her by the arms and pulled her hair. Your hitting her caused bumps on the side of her head. These circumstances constitute Charge 3, recklessly causing injury.
12You and she were hungry but there was little food in the house. She told you she had not been shopping. You told her you were paranoid that she would escape and you were not letting her out of your sight. She said she was going to escape. You got an erection and you and she had consensual sexual intercourse.
4 July 2021
13The next morning, 4 July 2021, she rang her sister and asked her to come over. You commented to her, 'There you go again, running straight to your family'. She then rang her sister from the bathroom, requesting help. She then called her mother. Once she had finished the call you charged at her and slapped the side of her face. You have not been charged over this act.
14She told you she could not do this anymore and it is done. Her mother called again and spoke to you. While you were on her phone, the victim grabbed her keys and ran out of the front door but went back inside to get her phone. You were using it, arranging to hire a truck to remove your belongings. She stood at the front door and asked you for her phone but you dropped it on the bed in the main bedroom.
15As she walked into the bedroom to get her phone, you grabbed her and threw her so that she fell on her left side. Again this act is not the subject of a charge.
16She got up, ran out of the house, got into her car and drove straight to her mother's house. After arriving at her mother's house, you rang you more than once, telling her you wanted the keys to your storage unit in Thomastown. Her mother offered to drop the keys off to you but you told her she, that is the victim, had to do it herself.
17The victim returned to the house about midday to return the keys. You had a truck in the driveway. You told her everything was fine and asked her to help move your bed as it was heavy. As you and she were walking through the house, you called her a ‘slut’, telling her she was worthless and useless, and you could have given her the world and that her children loved you.
18You said, 'If you want me to stay you can start helping me unload the truck'. She laughed at you and told you she did not want you to stay. You got into the truck and she drove her car to her mother's home. You kept calling her, saying you loved her and wanted to meet somewhere to talk. She agreed to meet you at her house.
19You and she met at her house. As soon as she unlocked the door, you threw her inside. She told you she had to go back to her mother's home and her mother would know something was up if she did not go back. You said nothing and punched her to the left side of the cheek and jaw, using the palm of your hand. Again you have not been charged over these acts.
20You asked to see her and chased her into the lounge room. You grabbed her by the leg and flipped her over onto the floor and smashed her head to the floor. She started to bleed from the head. She asked you how you could do that to her, saying, 'Look how big you are and how small I am'.
21She then sat on a couch and you punched her a number of times to her left eye with a closed fist, causing bleeding to the whites of the eye. You stood behind her with a knife and scissors in your hand and told her to feed your dogs, which were in the garage. You took a bong and started smoking cannabis.
22She raised her voice and you told her, 'Shut the fuck up', and, 'Get the fuck inside'. You kept asking her where you were going to stay. You hit her across the face with your palm and punched her in the back of the head multiple times with a closed fist. These circumstances constitute Charge 4, a rolled up charge of recklessly causing injury.
23At about 9 pm she put your dogs into the back of the truck. She got into the passenger seat. You drove onto the Western Freeway, heading towards Melbourne. You took a dog collar and wrapped it around her neck to prevent her from running away. This constitutes Charge 5, a charge of false imprisonment.
24You told her you were going to kill her and dump her body. She believed you and thought she was going to die. This constitutes Charge 6, a charge of threat to kill.
25She asked you where they were going and you turned the vehicle around and returned to her house and put the dogs back in the garage. While inside the house you would not let her have a vape, a cigarette or anything to eat. You told her to sit on the couch and not move. You smoked a bong in the kitchen and were spitting all over the walls. You would come towards her in the lounge, hit her and then walk away and smoke another bong.
26You then grabbed her by the back of her jumper, lifted her up and threw her onto the ground and kicked her in the back. She rolled onto her back and covered her face. You kicked her about four times to her stomach. You walked away and started throwing scissors and cans of deodorant at her. You threatened to shove a deodorant can up her vagina. You told her that would make her feel how you felt when she lied to you. You told her you were going to ‘fuck’ her like the ‘dirty peasant’ she was. You told her to get into the shower to get ready for you and make sure she was clean.
27After she got out of the shower you made her stay naked for a while and told her to fill the water for your dogs. While she was walking out to the garage, you tried to force her to get on her hands and knees and drink from the dog bowl. She said, 'No', and if you made her drink from the dog bowl she would scream.
28You and she returned inside and you allowed her to get dressed. You told her to go to the bedroom. You took your shoes off and threw them at her head. You took off your top and considered where you would sleep as the mattress was in the truck. You made her kiss your shoe and lie on it. You told her she had 30 seconds to figure out where you and the dogs were going to live. You counted down from 30 and punched her to the back of the head three or four times. She begged you to stop and was having a panic attack.
29You made her go into the lounge room as you were paranoid the neighbours would hear you and her. She sat on the floor with her arms wrapped around her head while you constantly hit her to the back of her head. This, along with other acts in the previous two paragraphs, constitutes Charge 7, a charge of common assault.
5 July 2021
30You wanted to go to bed so you and she went into her daughter's bedroom. You were spitting everywhere. You and she laid down on the bed and you put your arm out and made her put her head on your arm. You put your other arm around her so she could not move. It was now about 3 am on Monday,
5 July 2021. You and she went to sleep.31That day, you did not go to work and told your employer you were in hospital. She woke in the morning to you telling her, 'Wake the fuck up'. You elbowed her in the face and again asked her where you were going. You are not charged with an offence relating to the elbowing.
32You kept hitting her to the back of the head and kicking her in her back and her buttocks. This constitutes Charge 8, which is common assault.
33She got on her knees and begged you to stop hitting her. She told you she would give you whatever you wanted if you stopped. You made her take pen and paper to write a suicide note, which you were going to dictate what to write. She told you there was no way you were going to get away with this. Fearing for her life, she thought that the only way to get out of the situation was to be affectionate towards you. She began to hug you and pretend she wanted to get back with you as part of her escape plan. You told her she had to quit her job because you did not trust her. You got a knife and told her that her family would be calling and if she slipped up and did one wrong thing, you would slit her throat from one side to the other. This constitutes Charge 9, a charge of making a threat to kill.
34Her sister called her and could tell by her voice something was wrong. The victim hung up straight away and you smacked her between the eyebrows. This assault is uncharged.
35At about 9 am on 5 July 2021 a tow truck arrived, a driver knocked on the front door. You did not let her go to the front door, so she grabbed her shoes and went through the laundry into the back yard. You tackled her to the ground before she had a chance to jump the fence. You punched her to the back of the right ear and dragged her back inside. You started crying and said to her, 'Do you actually want me to leave?'. You told her you were going to leave and take her phone but changed your mind and told her you were not going to leave. These circumstances comprise Charge 10, a charge of false imprisonment, and Charge 11, a charge of recklessly causing injury.
8 July 2021
36Three days later on 8 July, you had work in Melton. She had booked an appointment in Melton to get lip enhancement treatment and told you she would drive you to work, wait for you and then drive you home. She dropped you off and drove to her sister's house in Melton, where she told her everything that had happened.
37The victim rang a friend in a distressed state, telling her what had happened and saying, 'If he finds me, he will kill me'. With this friend, she went to the police station and reported the incidents.
38Between 8 and 11 July 2021, you constantly called and messaged her. She received several hundred missed calls from you during this time. You told her she could not hide from you and you would find her. This constitutes
Charge 12, using a carriage service to harass.11 July 2021
39On 11 July 2021 you returned to the house in a hired utility. This was the second time you had been back to the address since she left you. You entered the house by climbing through the back sliding window. Once inside, you caused extensive damage. You spilt a 4 litre tin of paint over the carpets, walls and blinds in the main bedroom. You ruined her shoes by pouring paint over them. You used the paint to write, 'Slut', on the carpet. You damaged her refrigerator by scratching the words, 'Mummy loves cock', and scratching the outline of a penis. You used her lipstick to draw a naked female and wrote, 'Big slut', on her ensuite mirror. You used paint to write, 'Whore', on her shower. You scratched the words, 'Lying germ', and, 'lol', and scratched a naked female onto the walls in hallway. You also destroyed her television in the lounge and her TV unit. These circumstances constitute Charge 13, a charge of burglary, and Charge 14, a charge of criminal damage.
40You also stole over $1000 from each of the money tins or boxes belonging to her eldest two children. You also stole two Apple iPads belonging to her children. These circumstances constitute Charges 15 and 16, each being a charge of theft.
41Owing to your offending the victim suffered injuries to her left eye, the side of her face, bruising to her nose and the back of her ear. She suffered lumps and cuts on her head, a cut lip and bruising to her nose. She has had ongoing back pain, extreme headaches and a shooting pain down her right leg.
Victim Impact Statement
42The impact statement of your victim was read out in the courtroom by the prosecutor. Given the circumstances, your offending was expected to have and did have a profound effect on her and her children. She remains fearful for herself and her children, not just from you but also from others. She fears her experiences will affect her indefinitely and, directly and indirectly, affect her children.
43It has had a profound effect on how she sees herself and how she relates to others, and I will just quote a passage from her statement:
'Not only has my social life been impacted but the ability for me to get close to anyone again seems so hard. The fear that runs through my head is unbearable. I want to be happy I want to be loved but this has made me feel like I am worth nothing, I feel worthless I feel no one can ever love me. I feel I can never commit to anything because I will forever be expecting the worst'.
44Not unnaturally, she fears the time when you are released from prison, both for herself and her children.
45Given the damage you wantonly inflicted on her property, the financial consequences have been great for her and her children.
Criminal History
46Between 5 November 2008 and 3 April 2020, you have appeared in a
criminal court on 16 occasions and have been found guilty or convicted of
74 offences. You have been sentenced to imprisonment on 11 occasions, including sentences which were suspended, partly or wholly. Your longest sentence was imposed on 3 April 2020, being a total effective sentence of
15 months' imprisonment with a non-parole period of seven months' imprisonment. Plainly, the nature of your criminal history requires me to give significant weight to specific deterrence in sentencing you on the present offences.
Personal Circumstances
47You are 32 and were 31 at the time of the offending.
48You were born in Melbourne and are one of eight children. You have five sisters and two brothers and you are the third oldest. Your parents separated when you were young. Before then there was family violence in the home. After separation, you had some contact with your father during your childhood, but none in the last
five years.49Your mother remarried and you consider your stepfather to be your father. They are supportive of you. However, both are elderly with significant health issues.
50You moved around a lot as a child, living in refuges at times and struggling at first to accept your parents' separation and the advent of your step-father. This led you to rebelling and getting into trouble at school. You left school in Year 9 and started working in realty. You have had a good working history when you are at liberty.
51You initially started concreting work with your cousin. With experience, you undertook commercial concreting. At the time of your arrest, you were working as a foreman on a building site.
52From your late teens to your early 20s, there were times when you were homeless and living in your car. Some of your driving offending occurred during this time.
53You have a nine year old daughter, Julia[1]. You and Julia’s mother separated amicably several years ago and maintain a supportive relationship. You maintain contact with your daughter, although you have struggled to do so owing to the COVID-19 restrictions for persons in custody.
[1] A pseudonym
54You have been diagnosed as suffering from anxiety and depression. You are currently prescribed an antidepressant, Avanza. One of your lungs collapsed in the weeks leading up to your remand in custody. You unknowingly broke a rib leading to the collapsed lung and emergency thoracic surgery. You have had limited follow-up due to being in custody.
55You understand the surgery revealed nodules on your lungs. The significance of these nodules was not revealed during either hearing before me. However, you understand there is a need to monitor them regularly. That suggests their existence is potentially serious.
56You started using cannabis at 15 and continued until your recent remand. You started using methylamphetamine at about 18 and have used it since. There have been times when you have not used the drug but thinking about your father led you to use it as a form of self-medication to mask your feelings. You appreciate when you take the drug your life spirals out of control. You were not using the drugs while on parole but relapsed in the month leading up to these offences. You have been drug free while in custody, which is now approaching 15 months.
References
57I have read the letters of your sister, Natalie[2], and your mother. They testify to your remorse and the support available to you from your family.
[2] A pseudonym
Discussion
Purposes
58Section 5(1) of the Sentencing Act 1991 (‘the Sentencing Act’) sets out the purposes for which sentences may be imposed:
(a) to punish the offender to the extent and in a manner which is just in all the circumstances;
(b) to deter the offender or other persons from committing offences of the same or a similar character;
(c) to establish conditions within which it is considered that the offender's rehabilitation may be facilitated;
(d) to manifest the denunciation of the type of conduct the offender engaged in; and,
(e) to protect the community from the offender.
59For you, each of those purposes is relevant.
60It is important that males who commit violence against women realise the courts will impose very significant penalties. This is the case for you and for others of a similar mind to you.
61From what has been revealed in this case, you pose a significant risk to women in the setting of a domestic relationship. Until you are able to remain free of methylamphetamine, you will continue to pose that risk. You have remained drug free in a prison environment but whether you have the capacity to do so in the community is uncertain.
62It appears you were capable in the past of behaving properly in a relationship, as witnessed by your amicable relationship with your former partner.
63Section 5(2) of the Sentencing Act sets out matters, where relevant, which should be taken into account in sentencing you.
Gravity
64Collectively the offences represent a serious form of family violence, committed over several days and culminating with your wanton destruction within her home. Your behaviour towards the victim was outrageous. Apart from any other consideration, it requires denunciation.
Guilty Pleas
65In relation to the charges, in terms of the timing of your pleas, the timing is early in the process which starts with you being charged and ends with a trial.
66By pleading guilty to the charges you have avoided a trial. You have saved the time and expense of a trial. You have allowed other trials to be listed earlier than would otherwise be the case. You have spared a number of witnesses the burden of giving evidence in a trial. Giving evidence is never easy, but for the victim of your offending it would have been a harrowing experience reliving the days of your torment and the fear generated by your behaviour and threats.
67At the present time pleas, of guilty deserve a greater discount on sentence. Why this is so was explained in the case of Worboyes v R[3] where the court said:
‘As is abundantly clear, one of the pernicious effects of the current pandemic is that the lists of the criminal courts in this State have become severely congested. Unacceptable delay in the disposition of criminal cases is endemic. Indeed, it is not an overstatement to say that the system of criminal justice in this State is in crisis, requiring a response from the courts. We therefore consider that, whilst the courts of this State continue to labour under the adverse effects of the pandemic, a sentencing court should view a plea of guilty as carrying with it a greater utilitarian benefit than at other times and in other circumstances, and, concomitantly, as attracting an augmented mitigatory effect on sentence, simply because the plea will benefit the beleaguered administration of justice. Given the unhappy state of the courts’ lists, the courts must, in an endeavour to alleviate the strain on the system, encourage those accused who are guilty to so plead. Such encouragement must come from an actual and palpable amelioration of sentence.’
[3] [2021] VSCA 169 at [35]
68For that reason, your pleas of guilty merit a much greater discount on the sentences that I would have imposed in their absence.
Prospects of Rehabilitation
69I accept you are remorseful for your offending, which shows some determination not to re-offend. I also accept you have remained drug free while in custody. You have good family support. My sentences should reinforce your determination not to re-offend by indicating the severity of penalties which await you if you do re-offend in this manner again. Nevertheless, you have a significant criminal history and a longstanding drug addiction. From my perspective, your prospects of rehabilitation are uncertain. You have a great deal to overcome and these offences and your earlier history do not instil confidence.
Serious Violence Offences
70Charges 6 and 9 are serious violence offences. A sentence of imprisonment on Charge 6 means I must sentence you as a serious violent offender on Charge 9. This means that the special provisions of the Sentencing Act for serious offenders applies. In particular, s6D(a), which requires protection of the community as the principal purpose for which the sentence is imposed. As to s6D(b), the prosecution does not seek a disproportionate sentence. Section 6E deals with the cumulation of sentences.
Sentence
71On Charge 1, a charge of recklessly causing injury, I sentence you to
nine months' imprisonment.72On Charge 2, a charge of false imprisonment, I sentence you to nine months' imprisonment.
73On Charge 3, a charge of recklessly causing injury, I sentence you to
nine months' imprisonment.74On Charge 4, a charge of recklessly causing injury, I sentence you to
18 months' imprisonment.75On Charge 5, a charge of false imprisonment, I sentence you to six months' imprisonment.
76On Charge 6, a charge of make a threat to kill, I sentence you to 15 months' imprisonment.
77On Charge 7, a charge of common assault, I sentence you to 15 months' imprisonment.
78On Charge 8, a charge of common assault, I sentence you to six months' imprisonment.
79On Charge 9, a charge of make a threat to kill, I sentence you to 24 months' imprisonment.
80On Charge 10, a charge of false imprisonment, I sentence you to 12 months' imprisonment.
81On Charge 11, a charge of recklessly causing injury, I sentence you to
12 months' imprisonment.82On Charge 12, a charge of using a carriage service to harass, I sentence you to three months' imprisonment.
83On Charge 13, a charge of burglary, I sentence you to 12 months' imprisonment.
84On Charge 14, a charge of intentionally damaging property, I sentence you to 12 months' imprisonment.
85On Charge 15, a charge of theft, I sentence you to six months' imprisonment.
86On Charge 16, a charge of theft, I sentence you to six months' imprisonment.
87The sentence on Charge 9 is the base sentence. Three months of the sentences on Charges 1, 4, 5, 6, 10, 11, 13 and 14 will be served cumulatively upon the base sentence and upon themselves. The total effective sentence on the State charges is 48 months' imprisonment. I will set a non-parole period of 33 months' imprisonment.
88The sentence on Charge 12, that is the Commonwealth offence, will commence at the expiration of the non-parole period on the State charges.
89Not including today, you have been in custody for 437 days. I declare those 437 days as time served under the sentences imposed today.
s6AAA Declaration
90Absent the pleas of guilty, I would have sentenced you to a total effective sentence of six years and six months' imprisonment. It is clear from the sentences I have imposed and the total effective sentence that I have had keen regard to the principle of totality.
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