Director of Public Prosecutions v Craig

[2024] VCC 1303

IN THE COUNTY COURT OF VICTORIA

AT SHEPPARTON

CRIMINAL DIVISION

Revised
Not Restricted
Suitable for Publication

Case No. CR-24-00722

DIRECTOR OF PUBLIC PROSECUTIONS

v

STAFFORD CRAIG

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JUDGE:	HIS HONOUR JUDGE KELLY
WHERE HELD:	Shepparton
DATE OF HEARING:	7 August 2024
DATE OF SENTENCE:	22 August 2024
CASE MAY BE CITED AS:	DPP v Craig
MEDIUM NEUTRAL CITATION:	[2024] VCC 1303

REASONS FOR SENTENCE
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Subject:CRIMINAL LAW

Catchwords:          Family Violence – Aggravated Burglary – False Imprisonment – Common Assault – Make threat to Kill – Persistent Contravention – Vicious Offending – Aboriginal Offender – Profound Childhood Disadvantage – Verdins – Bugmy – Prolonged Substance Abuse – Significant Criminal Record – Deterrence – Denunciation – Totality.

Legislation Cited:         Crimes Act 1958 (Vic); Family Violence Protection Act 2008 (Vic); Sentencing Act 1991 (Vic).

Cases Cited:Director of Public Prosecutions v Alexiou [2024] VCC 819; Director of Public Prosecutions v Kerr [2024] VCC 721; Director of Public Prosecutions v Wade [2023] VCC 921; Director of Public Prosecutions v Marks [2023] VCC 275; R v Verdins (2007) 6 VR 269; Dennis v The Queen [2017] VSCA 251; Bugmy v The Queen (2013) 169 CLR 571; R v McKee [2003] VSCA 16; Worboyes v The Queen (2021) 96 MVR 344; Director of Public Prosecutions v Reynolds (A Pseudonym) (2022) 71 VR 336.

Sentence:  Total Effective Sentence: 2 Years 9 Months Imprisonment; 14 Month Non-Parole Period.  

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APPEARANCES:	Counsel	Solicitors
For the DPP	Mr A. J. Moore	Office of Public Prosecutions
For the Accused	Ms L. Bull	Camerons Lawyers

HIS HONOUR:

Introduction

1Stafford Craig, you have pleaded guilty to one charge of aggravated burglary, one charge of false imprisonment, one charge of common assault, one charge of make threat to kill and one charge of persistent contravention of family violence intervention order.

2The maximum penalties are as follows:

·Aggravated burglary: 25 years' imprisonment.

·False imprisonment: 10 years.

·Common assault: 5 years.

·Make threat to kill: 10 years.

·Persistent contravention of family violence intervention order: 5 years' imprisonment.

Circumstances of Offending

3The circumstances of your offending were summarised by the prosecution at your plea and those circumstances were not contested.

4You had been in a casual intimate relationship with the victim for approximately six months.  She had taken out an interim family violence intervention order against you. The order included conditions that you not commit family violence against her, that you not attend her home or otherwise attempt to contact her.

5In November 2023 you attended the victim's home. She ran out the front door yelling at you to 'get out of my house'.  You pursued her. This behaviour forms part of Charge 5 – persistent contravention of a family violence intervention order.

6You then re-entered her home, leaving it with a long-sleeved top and black backpack, before mounting a pushbike and riding away. The victim retreated back into her property and locked the door.

7You then returned to the front door of the property, demanding the victim open the door.  You tried to kick the door down and tried forcing open a front window. You demanded some paperwork and threatened the victim that she was 'gunna get fucking flogged cunt'.

8The victim passed the paperwork to you under the door.  You picked it up, but you continued to kick the door and threaten the victim with violence.

9Throughout this ordeal you continued to look around to see if you were uninhibited in this conduct, and at one stage you rode off on your push bike to assess your surroundings. You then returned to the victim's door, kicking it three more times whilst she screamed out for help from inside the property.

10You then took a couple steps back, kicked the door with your right foot before charging the door with your shoulder, finally breaking it open (Charge 1 – aggravated burglary (person present)).

11You remained in the property overnight, leaving the following morning (Charge 5 – persistent contravention of a family violence intervention order).

12During this time, you prevented the victim from leaving the house, forcing her to remain in the upstairs (Charge 2 – false imprisonment). You punched her several times in the face and head, causing a bruise to her right forehead, bleeding to her left ear and a cut to her nose (Charge 3 – common law assault).

13You also threatened to bash her, kill her and make her unrecognisable if she tried to use the emergency alarm button or mobile phone. You twice placed your hands around her throat, and at one stage held a meat cleaver to her throat and told her you would take her life (Charge 4 – make threat to kill).

14Eventually your victim was able to escape the unit and fled to a friend's house before calling Triple 0. Police officers attended the property and organised for the victim to be transported to a nearby hospital.  While viewing the CCTV from the property, officers observed four breaches of the intervention order, namely that you attended the victim's property on 5 and 6 November 2023 (Charge 5, persistent breach of a family violence intervention order).

Circumstances of Offender

15A psychological report was tendered on your plea, it outlines your personal circumstances.

16

You are an Aboriginal man born in Queensland. You are now 53 years old.  You are the youngest of 12 siblings. You grew up in a family marked by chaos and instability.  You were repeatedly exposed to family violence, substance abuse, physical and verbal abuse and neglect. You report growing up without parents, your father spent time in prison and your mother relocated to Victoria and

re-partnered. You were placed in the care of your maternal aunt and uncle, your uncle was physically abusive to you and your siblings.

17You left school in Year 8 and moved to South Australia to undertake fruit picking. You worked in a tyre fitting business for six months prior to being remanded. That is the longest period of sustained employment you can recall. I am told that whilst you have been in custody, you have worked in the kitchen and have demonstrated a strong work ethic.

18You reported that your relationship with the victim of these offences was your longest relationship and attributed the breakdown to mutual drug use and association antisocial peers. You report having two children who have passed away and one son who is estranged from you.

19You suffer from diabetes and high blood pressure, for which you are currently medicated.  Twelve years ago, a pacemaker for your heart was inserted.  You suffered a heart attack last year.

20You have a very full criminal history, your offending commenced in New South Wales at age 13. In Victoria you were sentenced to 15 years' imprisonment for murder at 26.  That is the first entry in your Victoria record. You have since accumulated an impressive number of convictions.

Defence Submissions

21Ms Bull on your behalf conceded that a term of imprisonment is inevitable, and that denunciation and general deterrence take centre stage in your sentence. She submitted however the principles of totality ought to guide me given that each charge, but five, represents a course of conduct. 

Gravity of Offending & Moral Culpability

22Ms Bull also referred me to the comparative cases of DPP v Alexiou,[1] DPP v Kerr;[2] DPP v Wade,[3] and DPP v Marks,[4] and I have taken these cases into account.

[1] DPP v Alexiou [2024] VCC 819.

[2] DPP v Kerr [2024] VCC 721.

[3] DPP v Wade [2023] VCC 921.

[4] DPP v Marks [2023] VCC 275.

23Ms Bull submitted that the aggravated burglary, false imprisonment and threat to kill are mid-range example of their type and the common assault and persistent contravention of family violence intervention order are low level examples. This was conceded by the Prosecution.

24She submitted that you pleaded guilty at an early opportunity and should be entitled to a significant discount. It was submitted that your pleas of guilty demonstrate an acceptance of responsibility and an expression of remorse for your offending. I note that your offending was captured on CCTV footage, surprising in its fidelity and thanks to it, your pleas might be regarded uncharitably as inevitable, given the strength of the case against you.  But I am prepared to accept your pleas as some evidence of contrition.

25Ms Kocic noted in her report that your offending was precipitated by a loss of employment two weeks before this offending which likely triggered depressive symptoms.  She writes that your offending behaviour is also attributable to your alcohol disorder, drug use, housing instability, negative antisocial influences within intimate relationships, poor problem solving and lack of help-seeking behaviours.

Verdins

26Ms Bull submitted that limbs 3, 4, 5 and 6 of Verdins are engaged.[5] She referred me to the following extract from the psychological report of Ms Kocic:

The prison environment is in itself traumatising with its increased volatility and unpredictability, and frequent violence which can trigger mood dysregulation.

It is also considered that custodial sentences have not previously had a deterrent or rehabilitative effect on Mr Craig despite lengthy periods of incarceration, instead increasing his sense of institutionalisation and making it more onerous for him once he is released into the community again, and delaying treatment of his underlying conditions that will reduce his risk of recidivism.

[5] R v Verdins (2007) 6 VR 269 (‘Verdins’). 

27It was conceded by the Prosecution that limbs 3, 4, 5 and 6 are engaged.

28Ms Bull conceded that in matters concerning family violence, the mitigatory effect of limb 3 will be more modest than in cases concerning other types of offending.  She nonetheless submitted that there ought to be some moderation.  Ms Kocic writes that you presented with an adjustment disorder at the time of your offending, which manifested in emotional and behavioural symptoms in response to your loss of employment.  She did not identify how this condition affected your decision making, except to note that you were emotionally volatile and coping poorly, having lost your sense of routine, structure and financial stability when you lost your job.

29I accept that limb 3 has less work to do in your case given the type of intimate partner violence you engaged in, but I am prepared to moderate general deterrence slightly given Ms Kocic's unchallenged diagnosis and given the prosecution's concession that it is engaged in your case.  In doing so, I note that despite your extensive criminal history you do not have any prior convictions for breaching intervention orders or assaulting women.  I accept that this offending is therefore anomalous and influenced by factors that are unique in your experience.

30As to limb 4, in your interview with Ms Kocic you identified the underlying cause of your offending as your drug use.  You demonstrate an appreciation of the wrongfulness of your conduct.  Specific deterrence should not be markedly moderated.  In light of your recognised emotional dysregulation however, I accept that limb 4 is enlivened to some extent.  I accept that limbs 5 and 6 are engaged and I have ameliorated your sentence accordingly.

Bugmy

31Ms Bull submitted that your background of significant deprivation and violence has had significant long-standing impacts on your mental health and ability to regulate your emotions and your ability to maintain prosocial supports in your life, such as long-term relationships and long-term employment.  She submitted that the principles in Bugmy mitigate your sentence and ought to be given full weight.[6]  She referred me to the following passage from Ms Kocic's report:

Taking into consideration Mr Craig's history, the circumstances leading to the offences and his functioning at the time of the offences, several factors likely contributed to his offending behaviour. His traumatic and unstable upbringing, as well as exposure to early substance abuse, predisposed his trauma and his reliance on illicit substances as a form of self-medication.

Employment provided him with a sense of routine, stability and a sense of purpose. It appeared his current offending was precipitated by the loss of employment in the fortnight prior, which likely triggered depressive symptoms leading up to the offending. His offending behaviour was likely, in part, attributable to his AD (alcohol dependency) and drug use, however the extent of his drug use was unclear and further assessment is required. Also contributing was his housing instability, disrupted employment, negative antisocial influences within intimate relationships, and poor problem-solving and lack of help-seeking behaviours.

[6]  Bugmy v The Queen (2013) 169 CLR 571, 594-5 at [43]-[44] (‘Bugmy’).  

32This submission was also accepted by the Prosecution.

Substance use

33Ms Bull referred me to the case of R v McKee which states:

The extent to which a decision to experiment with drugs is freely made, in my view, bears upon the moral culpability of the offender who commits a crime as a consequence of addiction to drugs.  Age is relevant to the question Spigelman CJ acknowledged.

I would add that in the case of adults, the despair and low self-regard may also play a significant part in the decision to use drugs and that condition may be the result of social or economic disadvantage, poor education, or emotional or physical abuse.[7] 

[7] [2003] VSCA 16, [13].

Gravity of Offending & Moral Culpability

34She submitted that your moral culpability is moderately reduced for the offending in light of your alcohol and substance use from a young age, in a context where such behaviour had been normalised.

35I accept that your history is one marked by profound deprivation, exposure to frequent violence, alcohol abuse and antisocial conduct.  These factors predisposed you to becoming enmeshed in the criminal justice system at a young age.  They predisposed you to becoming institutionalised or near institutionalised.  The adults in your life failed you absolutely.  You were robbed of the coping skills required to steer a path away from the revolving doors of courts and gaol.  I intend to moderate your sentence to give full effect to the principles of Bugmy.  I am prepared to accept that your moral culpability is reduced.

Prospects of Rehabilitation

36You were assessed by Ms Kocic as being a 'moderate high' risk of reoffending.  Ms Bull submitted that you do not have a history of family violence offending and by implication, this offending is aberrant and atypical.

37You have spent decades in and out of custody.  Despite this, Ms Bull submitted that your prospects of rehabilitation are not extinguished.  You had attained employment prior to this offending and Ms Kocic writes that you recognise the struggle you will have obtaining employment.  I have also been informed you are scheduled to see a cardiologist and you have ongoing knee pain and aches as a consequence of floggings you received in the course of countless arrests.

38You had tasted stability briefly before you lost your job.  You are keen to work again.  You are attending to your health and welfare in custody.  There is some slight foundation for cautious optimism.

39You have struggled with addiction since you were young.  You also have a history of serious violent offending albeit not intimate partner violence.  You have demonstrated insight into the antecedents to your offending in your interview with Ms Kocic.  You are capable of living in the community and avoiding trouble for stretches of time.  You have the assistance of Ms Everett to chaperone your transition back into society.  She has been a stalwart champion and an invaluable resource to you.  I accept that you are not without hope.  Your prospects of rehabilitation are guarded to fair.

40I accept on balance that you are remorseful and that you have exhibited some insight into the impact of your offending on your victim.  This must have been a terrifying ordeal for her.  You acted with an outrageous sense of entitlement and your threats to her were chilling.  She declined to provide a victim impact statement and told the prosecution that she had moved on.  Nonetheless, your offending will have left its mark on her.

Guilty Plea & Worboyes

41I accept that you have pleaded guilty at an early opportunity and that has saved the complainant having to give evidence.  You are entitled to a discount in your sentence for the utility of your plea.  I also accept the fact that you are entitled to a modest Worboyes discount.[8]

[8] Worboyes v The Queen (2021) 96 MVR 344, 356-357 [39] (‘Worboyes’). 

Sentencing Principles

42Section 5 of the Sentencing Act 1991 states that the only purposes for which you may be sentenced are: 

a)To punish you in a manner and to an extent which is just in all of the circumstances;    

b)To deter you or others from committing similar offences in future;    

c)To facilitate rehabilitation;    

d)To manifest the denunciation of your conduct;    

e)To protect the community; or    

f)A combination of two or more of these purposes.   

43Ms Bull has provided me with a table of cases which deal with offending similar to yours.  They have been useful in determining current sentencing practices for this kind of offending, noting that none of these comparators is binding.  The primary sentencing principles in cases of intimate partner violence are deterrence and denunciation.  This kind of behaviour is depressingly common, cowardly and brutish and characterised by the entitled disregard for the autonomy of the victim.  You need to be deterred from offending in this way again and others in the community need to be deterred from treating their estranged partners in the way you treated yours.  Aboriginal women sadly are especially vulnerable to intimate partner violence of the sort you committed here.

44I intend to give full weight to your reduced moral culpability as a consequence of Bugmy and I will moderate your sentence having regard to Verdins principles 3, 4, 5 and 6.  I also propose to impose a sentence that leaves the door open to your rehabilitation.

45Mr Craig please stand.  I will now proceed to sentence.

46On Charge 1, aggravated burglary, you are convicted and sentenced to two years' gaol.

47On Charge 2, false imprisonment, you are convicted and sentenced to 18 months' gaol.

48On Charge 3, common assault, you are convicted and sentenced to six months' gaol.

49On Charge 4, make threat to kill, you are convicted and sentenced to 12 months' gaol.

50On Charge 5, persistent contravention of family violence intervention order, you are convicted and sentenced to eight months' gaol.

51The sentence on Charge 1 is the base sentence.  I order that three months of Charge 2 be cumulated.  I order that three months of Charge 4 be cumulated.  I order that three months of Charge 5 be cumulated.  That produces a total effective sentence of two years nine months' gaol.

52I fix a non-parole period of 14 months.

53You have served 286 days in pre-sentence detention and I declare these days as time served against the sentence I have imposed.

54Pursuant to s6AAA of the Sentencing Act I declare that but for your pleas of guilty, I would have sentenced you to five years gaol with a non-parole period of three.

55The Prosecution has sought disposal orders and they are not opposed so I order that the items contained in the schedule of those draft orders be disposed of.

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