Director of Public Prosecutions v Davide

[2014] VCC 2145

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR 14-00527

DIRECTOR OF PUBLIC PROSECUTIONS

v

LANCE DAVIDE

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JUDGE:	HER HONOUR JUDGE WILMOTH
WHERE HELD:	Melbourne
DATE OF HEARING:	12 December 2014
DATE OF SENTENCE:	12 December 2014
CASE MAY BE CITED AS:	DPP v Davide
MEDIUM NEUTRAL CITATION:	[2014] VCC 2145

REASONS FOR SENTENCE
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Subject: Criminal law –sentence
Catchwords: pleaded guilty to single charges of aggravated burglary, intentionally cause injury, criminal damage; 2 charges  assault police; 2 summary charges of unlawful assault – -  mental health  issues – judgment significantly  impaired  at time by florid psychosis.
Cases Cited: R v Verdins
Sentence: 12 months CCO with drug and mental health treatment to continue

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms E. Ruddle
For the Offender	Mr G. Davis

HER HONOUR:

1Lance Davide, you have pleaded guilty to several charges arising out of an incident which occurred almost two years ago, on 15 January 2013.  You were living in a unit in Reservoir and at the time you were unwell, suffering from what was probably an acute episode of paranoid schizophrenia.  Your recollection is that you awoke early that morning and you went shopping and when you returned some force possessed you and told you to go to a neighbour's unit.  You have recalled that you had not been taking your medication for some time.  At about 8 am you knocked on the door of a nearby unit at the same address, where Amanda Denney was watching television.  She opened the door and you lunged at her, grabbed her by the neck, and pushed her against the wall.  This is Charge 1, aggravated burglary, and summary Charge No.2, unlawful assault. 

2Ms Denney screamed out to her partner, Jonathan Clarke, who came to her aid.  You punched him several times to the head, causing a cut above his eye and facial bruising.  This is Charge 2 on the indictment, intentionally causing injury.  Ms Denney and Mr Clarke ran to a neighbour's unit to call the police and when they returned a short time later found their television set missing. 

3It was later found to have been thrown out the window by you and was smashed.  It was worth approximately $100.  That is Charge 3, criminal damage.

4You then went to another unit and knocked on the door.  The occupant, Harilaos Selekos, answered the door and you said, "No one can fuck with me," and you swung a punch at him.  He ducked and the punch did not connect.  That is the summary Charge No.5, unlawful assault.

5Mr Selekos restrained you and tried to calm you, telling you repeatedly that he was a friend.  This seemed to work and Mr Selekos released you and you left.

6The police arrived and arrested you and took you to the police station.  An independent person was arranged to attend for the interview and as Detective Senior Constable Reid escorted him in to the room you punched her to the side of her head and pushed past her, trying to escape.  Four other police officers came to assist her in restraining you and wrestled with them and punched them.  One of them, Detective Senior Constable Maffei, was injured by you as he attempted to restrain you, suffering minor injuries to his finger and ankle.  That is Charge 5, assaulting police.

7Detective Senior Constable Reid suffered ringing and soreness to her left ear, a scratch on her right upper arm and redness and tenderness to her ribs.  That is Charge 4, assaulting police.

8As you were being taken to a holding cell you continued to try and break free from police and you head-butted the walls on two occasions.  You were examined by a forensic medical officer who found you unfit to be interviewed and you were admitted as an involuntary patient at the Northern Hospital.

9You remained there for some six weeks and later you were assessed as being fit to attend court, that was later on, but by February this year your mental health had deteriorated with a relapse of psychosis.  An earlier report by consultant psychiatrist Dr Ricardo Peralta provided some details of the history of your illness and Dr Peralta stated that at the time of the offences you had been two weeks overdue for your monthly anti-psychotic injection.  He added that even when properly medicated you still have some residual symptoms.  He noted that you had been floridly psychotic at the police station and that in the absence of any clear motive for the assaults and the damage, and in contrast to your usual behaviour when medicated, his confident conclusion is that your judgment would have been significantly impaired at the time and you would not have known that your conduct was wrong.

10You had a further relapse a few months ago, again most likely due to lack of medication, as well as use of cannabis and amphetamines.  It seems you recovered well from that with a change of medication.

11Your instructions to your counsel today were that you recalled believing that Ms Denney was a robot and that the television set had parts moving out of it.  When you were at the police station you thought you were in a laboratory and needed to escape from it.

12This brings into play the principles in the decision in R v Verdins and so the need for general deterrence to be reflected in the sentence that I impose is much reduced.  It is still relevant, because the offences are serious ones, particularly the charge of aggravated burglary, that you entered people's homes and assaulted them.  Fortunately the victims are resilient people who have not felt the need to provide any victim impact statements and no lasting harm was done.

13The charges attract a range of maximum penalties, starting with aggravated burglary, the most serious charge, with a maximum penalty of 25 years' imprisonment.  For intentionally causing injury and criminal damage the maximum is ten years.  For assaulting police, five years, and for unlawful assault, three months or a fine.

14I have taken in to account a number of mitigating factors, including your plea of guilty, which has avoided the need for a trial and the associated inconvenience and expense.  It is also an indication of remorse, which I accept.

15The delay which has occurred appears to have been due to your illness and I understand that the relapse earlier this year was caused, in part, by your concern and associated stress about going to court.  That is also a matter to be taken in to account.  As to your rehabilitation, that is best addressed by your continuing treatment.

16Specific deterrence is not a matter on which I need to focus particularly in this case.  Because of your illness, punishment by imprisonment would be inappropriate and the most suitable disposition is a community corrections order.  That will help to ensure that your treatment continues whilst you remain living in the community.  You are being well looked after by your case manager and psychologist at North Eastern Mental Health Service and that should continue as part of the corrections order.

17I will ask you to stand now, please, Mr Davide, and I will explain that the details of that order as follows: The order will start today and will apply to all the charges, with convictions recorded.  It will last for 12 months and you will be assessed and if necessary treated for any drug dependence problems and your treatment for your mental health will continue.  You must attend the corrections office, which is at 81 - 83 Burgundy Street, Heidelberg, by 4 o'clock next Tuesday 16 December.

18If you had pleaded not guilty to these charges I would have imposed a community corrections order of two years with the same conditions.

19Finally, the prosecution seeks an order for a forensic sample of saliva to be obtained under s.464ZF of the Crimes Act.  Through your counsel you have consented to that and all I need to do about that is to let you know that the police have the power to use reasonable force to obtain that sample, but I trust that will not be necessary.

20Mr Davide, do you agree to be bound by the terms of the corrections order?

21OFFENDER:  I do.

22HER HONOUR:  All right.  My associate will bring that to you in a moment for you to sign.  Do you want to look at that, Mr Davis, on its way?  While that is being done, have I neglected anything, Ms Ruddle?

23MS RUDDLE:  No, Your Honour.

24HER HONOUR:  Thank you.  I need to sign that now.  I think that is everything, thanks, Mr Davis, thanks Ms Ruddle.

25MR DAVIS:  As Your Honour pleases.

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