Director of Public Prosecutions v Doyle & Doyle
[2022] VCC 629
•20 April 2022
| IN THE COUNTY COURT OF VICTORIA AT MILDURA CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
Case No. CR-21-01341 (AD)
CR-21-01491 (MD)
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| ASHLEY DOYLE & MATHEW DOYLE |
---
JUDGE: | HER HONOUR JUDGE DALZIEL | |
WHERE HELD: | Mildura | |
DATE OF HEARING: | 23 November 2021 | |
DATE OF SENTENCE: | 20 April 2022 | |
CASE MAY BE CITED AS: | DPP v Doyle & Doyle | |
MEDIUM NEUTRAL CITATION: | [2022] VCC 629 | |
REASONS FOR SENTENCE
---
Subject:CRIMINAL LAW
Catchwords: Home invasion – Recklessly cause serious injury – Recklessly cause injury – Intentionally cause injury – Possession of a drug of dependence – Koori Court
Legislation Cited: Sentencing Act 1991 (Vic)
Sentence: Ashley Doyle: Convicted and sentenced to a total effective sentence of 240 days imprisonment, followed by a CCO for 24 months.
Section 6AAA declaration: Conviction and total effective sentence of 4 years’ imprisonment with a non-parole period of 3 years.
Matthew Doyle: Convicted and sentenced to a total effective sentence of five years and seven months imprisonment, with a non-parole period of three years and six months.
Section 6AAA declaration: Convicted and sentenced to eight years’ imprisonment with a non-parole period of six years.
---
APPEARANCES: | Counsel | Solicitors |
| For the DPP | Mr D. O’Doherty | Office of Public Prosecutions |
| For the Accused | For A Doyle – Ms J Clark For M Doyle – Mr G Davis | Rebecca Boreham Barristers & Solicitors Hilton – Wood Solicitors |
HER HONOUR:
1Brothers Mathew and Ashley Doyle have pleaded guilty to a number of offences which occurred in the early hours of Sunday 28 March 2021, in Mildura.
2The evening before these offences the Doyle brothers were out having drinks. The complainants, Gurdeep Singh and Avtar Singh had also gone out and had a few drinks that evening, before returning to the room they shared at the TAFE campus in Mildura. They resided in Room 329.
3One of their neighbours was Mathew’s wife, MB. Mathew had been living with her in room 330 but had recently moved out to live in a bungalow behind his mother’s house.
4At 3.33 am Mathew received a text from MB saying, “the little dude walked into my room drunk he said me and u were too loud he wanted to come in”. MB left the TAFE campus at 3.40 am and picked Mathew and Ashley up from the Settler’s Pub on the corner of Orange Avenue and Eighth Street. She drove down San Matteo Avenue and then she and the brothers stopped to assist some back-packers who were having trouble with their vehicle. This involved going to get a tow rope from the brothers’ mother’s home, driving back to the back-packers and then towing them to a caravan park. This is relevant because it shows that in between the initial message, and their arrival at the TAFE campus, both accused had ample time and opportunity to reflect and cool down from any reaction to MB’s complaints.
5The brothers and MB arrived back at the TAFE campus at around 4.33 am. Mathew used his key to enter the building and then pointed out the CCTV camera to Ashley, who put his head down in an apparent attempt to hide his face from the camera.
6The brothers walked to the unit where rooms 329 and 330 were. Both walked straight to the door of the Singhs’ unit, kicked the door in, and entered the room. This entry to the room in which the two Singhs lived founds Charge 1, home invasion. By their pleas the accused have acknowledged that they entered that room with the intent to assault a person inside.
7Once inside Room 330 Mathew dragged Avtar Sing from his bed, and threw him to the other side of the room. He then punched Avtar to the left side of the head numerous times, whilst pinning him against the cupboard with his other hand. These blows caused life threatening injuries to Avtar Singh.
8Gurdeep Singh woke up and tried to get out of bed to help his friend. Ashley pushed Gurdeep backwards onto the bed and then punched him to the head and face at least twice, causing bruising and swelling to Gurdeep’s forehead, as well as splitting his nose causing it to bleed profusely (Charge 4 – Recklessly Cause Injury to Gurdeep Singh – both accused).
9Whilst Ashley was assaulting Gurdeep, Mathew continued to assault Avtar to the point he felt “limp”. Mathew described the victim as feeling heavy in his hand. He threw him around the room and to the floor, before picking Avtar up off the floor and continuing to assault him by punching him in the head. Ashley told his brother ‘let’s go’ and said ‘come on’, in an attempt to make Mathew desist from assaulting Avtar. (Charge 2 – Recklessly Cause Serious Injury to Avtar Singh– Mathew DOYLE) and Charge 3 – Intentionally Cause Injury to Avtar Singh – Ashley DOYLE). I note that I do not sentence Mathew Doyle on the basis that he continued to assault Avatar Singh after he was incapacitated, as this would amount to a circumstance of gross violence, which is not alleged by the Crown.
10Mathew observed Avtar on the floor in the room and described him as writhing on the ground and appearing to attempt to open his eyes. Mathew told Avtar that if he ever put his hands on his wife again, he would kill him.
11A neighbour heard a male voice say, “I will kill you”. When he opened his door, this neighbour observed a male leaving the complaint’s room, and MB in the hallway outside the room. MB said “That is enough what you have done. Why did you hit the other boy, he was not the one”. This neighbour called the police.
12At approximately 4:36am, the Doyles left the TAFE complex on foot. MB followed them out of the building and got into a car and left the campus. The brothers and MB entered the campus at 4.33 and left at 4.36 am, so this terrifying attack with its significant consequences lasted only minutes.
13Police and paramedics attended and found Avtar Singh unconscious on the floor of his room. He was taken to Mildura Base Hospital before being transferred to the Alfred Hospital in Melbourne. He suffered serious injuries to his head, involving extradural haematoma, a fracture to the temporal bone as well as abrasions to his face. These head injuries were life threatening, and required neuro-surgery to stop the bleeding inside his skull.
14The brothers were arrested the next day, 29 March 2021. At that time Mathew had in his possession a single Cannabis plant, which is the subject of Charge 5.
15When interviewed, Mathew originally denied involvement, but then admitted that he had gone to the room to deal with Avtar because he had been told that he, Avtar, had gone into MB’s rooms and put his hands on her. In summary he said he went there to kick the door in and scare Avtar, and give him a hiding. He accepted he should not have done so, and that he hit him too hard and too many times. He said “I lost me shit and couldn’t stop”. He said:
“I - in reality I was like a dog with bloodlust. That was what I wanted, that was what I got and that was all I was worried about. The rest of it I didn't really - that was no comprehension of that shit. I felt like I had a job, I had a mission and I carried that mission. Apart from that I couldn't tell you anything, whether well, anybody said anything to me about it, I really, really don't know. As I said, my intention was to go there and fuck him up, which I did.”
16Ashley admitted his participation in the offending, explaining that he went along following Mathew.
Victim Impact
17Avtar Singh in his victim impact statement describes how he has been afraid for his future, that he may not be able to work and help his family. He is alone in Australia, and that he is scared to be alone and is stressed. He has a significant scar on his temple that is visible and will not disappear. He worries because this assault meant he could not work, and not only is he without income but he cannot send money to his family in India.
18Gurdeep Singh described the fear of being woken in the night, and being afraid for his friend who was being beaten, and then fear that Avtar might die from his injuries. He too is frightened of the accused further pursuing him and his friend once they are release from prison.
Personal Circumstances
19Mathew Doyle is the elder brother of Ashley. At the time of the offending, he was 36, and is now 37 years old. Ashley was 34 at the time of these offences and is now 35 years old. These two men were born and raised in country Victoria, and New South Wales, living in Ballarat, Maryborough and Menindee. They are part of a family including another brother and sister and a half sister on their father’s side.
Mathew Doyle
20You finished Year 9. You report that you were bullied and also acted as a bully at school, and that some of the families did not like your family, leading to issues. You had issues with your weight as a child, and have struggled to control your weight most of your life.
21You did not focus on school, and could be aggressive at times, but did not appear to have a learning difficulty. Once you left school you worked and also obtained qualifications in building and construction, and in horticulture. You have worked in a number of different jobs including building work, shearing and labouring in the agriculture sector.
22You did not get on with your father, growing up, and that the fights between you would sometimes be physical. You report that over the last five years or so your relationship with your father has improved. You identify as an Aboriginal man. You did not learn about this aspect of your heritage until you were 25, after your paternal grandfather told you. You had a close relationship with your paternal grandfather, and looked to him as a father figure, in view of the conflictual relationship with your father.
23You report having a good relationship with your siblings, in particular your brother Ashley.
24You married MB when you were 32 years old. At the time of these offences, you had been separated for a time, which is why you had moved out of the room at the Sunraysia TAFE to your mother’s property. You were feeling depressed and unsettled by reason of the separation. When you were interviewed by Mr McKinnon in September 2021 you had reconciled with MB, and were planning a future together.[1]
[1]Report of Mr Ian McKinnon, consultant psychologist, dated 4 September 2021, page 3 (Report of Mr Ian McKinnon)
25You have some physical health issues, including chronic back pain, and I was told you were diagnosed with emphysema in early 2020. You have a history of epileptic seizures between the ages of 19 to around 26, but report that for the last 10 years you have not suffered a serious seizure. This impacted your working life, and your ability to play sport. Your weight has affected your back and mobility. You report also a fall from a balcony with injuries to your shoulder and hip, and being attacked and kicked in the head on another occasion.
26You report starting to smoke Cannabis from age 13, and that by 16 you were regularly smoking that drug, and drinking alcohol. You report that you were first diagnosed as an alcoholic when you were 19. You report also that you have used MDMA, amphetamine, methylamphetamine and cocaine, and that you regularly injected amphetamine when you were 24 to 25 years of age. Your principal consumption of intoxicants is of Cannabis and alcohol. On the day before these offences, you had been drinking heavily.[2] You report that from lunchtime on Saturday 27 March you had drunk nearly a slab of rum and coke cans, smoked Cannabis and taken some MDMA. I understand that you have done courses in prison related to the use of Cannabis, and anger management, but that you have not been able to do an alcohol related course, due to the limitations on such courses under the pandemic restrictions.
[2]Report of Mr Ian McKinnon, page 5
27Through your counsel you have said that you understand that your offending was very serious, and that you expect to receive a lengthy jail term. In the sentencing conversation you explained that your actions on this night were a misguided effort to show your wife that you did care about what happened to her, and would act to protect her. You can see now that your choices on that night were poor, and that better courses of action existed.
Mental Health
28Reports were provided from psychologist Ian McKinnon and Dr Loretta Evans, a neuropsychologist.[3]
[3]Report of Mr Ian McKinnon, Report of Dr Loretta Evans, clinical neuropsychologist, dated 6 March 2022 (Report of Dr Evans)
29Mr McKinnon assessed you as presenting with Mixed Anxiety and Depression Disorder and Poly-Substance Abuse Disorder. As to the latter, Mr McKinnon noted that you were in early stages of remission regarding substance abuse, having been on remand, but that you would be at risk of relapsing upon release into the community, particularly if you encountered stressors such as uncertainty in your circumstances or a relationship breakdown. As to his diagnosis of Mixed Anxiety and Depression Disorder, he considered this to be at moderate to severe levels, with anxiety being the strongest symptom. Mr McKinnon said:[4]
Strongly associated with his anxiety and depression, Mr Doyle appears to intermittently suffer with anger management problems with a vulnerability to over-reacting when he perceives that he is being threatened, abandoned, rejected, slighted or ignored.
…
In my opinion, Mr Doyle does not possess inherently antisocial and criminal tendencies. Rather, Mr Doyle is a chronically distressed individual (usually manifested at a mild and manageable level) who appears to have intermittently suffered unmanageable levels of anxiety and depression, sometimes leading to inappropriate aggressive outbursts.
[4]Report of Mr Ian McKinnon, page 7
30This assessment seems to me to be consistent with your description to the police of your reaction on MB complaining to you about the behaviour of Mr Singh.
31Because of your history of epilepsy, head injury, and reporting of psychotic type symptoms in the past, a report was obtained from a neuropsychologist.
32Dr Evan’s assessment included speaking to you and your mother and reviewing medical material where available. I will not summarise all the history she sets out, which includes summaries of the hospital records from Broken Hill and Royal Adelaide Hospital. These show that you have a history which has from time to time involved mental distress including self-harm.
33When Dr Evans assessed you, your mood was fairly positive and stable.[5] During the assessment you endorsed mild depressive symptoms and stress symptoms, although you reported severe levels of stress in the preceding weeks.[6]
[5]Report of Dr Evans [12]
[6]Report of Dr Evans [12](i)
34Dr Evans administered tests of your cognitive capacity. These showed you generally as falling in the low end of the average range for literacy and numeracy, but with better than average skills for learning new material and superior skills for recalling visually presented information. Your literacy and numeracy were consistent with the level of schooling you completed.[7] Dr Evans considered that you have “the cognitive skillset to support complex problem solving, social functioning, and truly reasoned as well as fully informed decisions.”[8]
[7]Report of Dr Evans [23]
[8]Report of Dr Evans [28]
35Dr Evans gave the opinion that:[9]
Mr Doyle's cognitive functioning is well within normal levels in all domains … he declares slightly lower than anticipated verbal memory functioning (relative to nonverbal memory skills) as well as slightly rigid thinking when reasoning about verbally presented information and is slower to process spoken information. As such, mild compromise to various verbal domains is indicated - but not to within impaired ranges. (emphasis in original)
[9]Report of Dr Evans [33]
36Whilst Dr Evans went on to say:[10]
it is my opinion that on balance, Mr Doyle declares mild cognitive inefficiencies secondary to 1) recurrent seizure activity (possibly triggered by alcohol and substance abuse) and 2) long-standing cannabis use.
The mild cognitive inefficiencies to which she referred are the contrast between the verbally associated skills and the non-verbal. Her assessment of those aspects related to verbally associated functions place your abilities in those areas in the average to low average range. Dr Evans went on to say:[11]
given he was heavily intoxicated and substance affected (by his own admission), it is my opinion that alcohol and illicit drug use significantly impacted on otherwise normally functioning cognitive skills at the time that the offences were committed.
[10]Ibid.
[11]Report of Dr Evans [34]
37You expressed to Mr McKinnon and Dr Evans an understanding that what you did was wholly inappropriate, and you have expressed victim empathy and remorse.[12] Mr McKinnon considered you are at a stage in your life where psychological therapy would be useful to you, and considered that you appear to have a real desire to progress your rehabilitation. Mr McKinnon also thought you would cope well enough in the prison environment,[13] which is supported by your statements to Dr Evans which indicate you are coping in custody.[14]
[12]Report of Mr Ian McKinnon page 7.
[13]Report of Mr Ian McKinnon pages 8-9; Report of Dr Evans [15], [17]
[14]Report of Dr Evans [16]
Prospects of rehabilitation
38Dr Evans considered you present an “elevated” risk of violent offending in future,[15] whereas Mr McKinnon assessed your prospects of rehabilitation as “reasonably favourable”.[16]
[15]Report of Dr Evans [37]
[16]Report of Mr Ian McKinnon, page 9.
39Your criminal history is minimal, but it is of real concern that you engaged in such serious violence on this occasion. It is to your credit that you have adequate insight into the effects of drugs and alcohol on your behaviour and that you require anger management assistance. It is for you to turn that understanding into action and better self-regulation. If you can address your substance abuse issues, and learn to control your temper and emotions, you have good prospects of rehabilitation, but there is work for you to do in those areas.
Plea of Guilty
40A strong factor in mitigation is that you have pleaded guilty to these offences. Your pleas mean that the victims did not have to give evidence, and there is no need for a trial. The discount in your sentences must reflect the real utilitarian benefits of the pleas, particularly so in the context of the pandemic and its effects on the courts. Furthermore, you have spent your time on remand under the more onerous regime caused by the pandemic and have accepted that you will face further jail time with the likelihood of continuing impact by the pandemic.
41I also accept that your plea is a reflection of remorse. You expressed appropriate remorse and contrition in the sentencing conversation and to both Mr McKinnon and Dr Evans.
Time on Remand
42Whilst you have been on remand you have done courses in OH&S, and some courses addressing drug and alcohol issues, and courses designed to help you regulate your anger and emotional responses. You have been in regular contact with your sister and MB.
43You have worked in furniture making whilst on remand and are keen to be engaged in Aboriginal art programs, which is an area of interest for you.
44Your mental health has been a concern whilst in custody, although it appears to have settled.[17]
[17]Report of Mr Ian McKinnon page 5
Koori Court Sentencing Conversation
45I will also take into account in mitigation of your sentence that you took part in the Sentencing Conversation, which I will say more about later in these reasons.
Ashely Doyle
46You are the younger brother of Mathew. You were bullied at school, but when you joined Scouts, you got help and you became a group leader. You started playing football and were a keen player with your club. Your relationship with your brother Mathew was not always good when you were young, but as you both grew up you became good friends, indeed best mates.
47You finished Year 12, and you have a reasonable work history most recently as a truck driver. At the time of this offending, you had a full time job as a truck driver, and your employer wrote you a reference indicating that you were a good employee.
48You have lived in Mildura since 2017. Prior to that you had been living in Melbourne with your children and partner, but you and she got into trouble with the law. When you were both in custody your mother took over the care of your children, and once you got bail you moved to Mildura to live with your parents and your children. The sentences you received in 2019 for that offending demonstrate that you did very well on bail. You have had to persuade DHHS that this was appropriate for you to regain custody of your children. For that purpose, you provided many urine screens to prove you were not using drugs, you participated in the men’s behavioural change program, drug and alcohol counselling and mental health counselling.
49Since that time you have reduced your drinking and you have not used methylamphetamine since you moved to Mildura. You completed a course in prison regarding alcohol.
50The offending for which I will sentence you occurred after you had been out with your brother for the evening, and after you had been drinking. You can now see that you need to refrain from drinking at all, in view of the negative effects it has on your judgment.
51Although it was not a feature of your life growing up, you identify as a Dja Dja Wurrung and Barkinji man, through your father. You started a course, whilst on remand, in Cultural Art and spoke in the sentencing conversation about this and the connection to your history it brings to your life.
52Since your move to Mildura in 2017 your focus has been on being a good father. You give your children your time and attention and do activities with them like camping. Shortly before this offending you had purchased a canoe, to take them canoeing but had not had that opportunity to do that before you were arrested and remanded. I am told that since I granted you bail in November last year, you have been camping with your children and have enjoyed river activities such as canoeing and fishing with them.
53Following the plea last year, I was provided with a letter confirming that you have completed a mental health assessment in January 2022. You have been regularly engaging with a mental health social worker, and that you will continue to be supported regarding your mental health and drug and alcohol issues. You have also provided a further glowing reference from your current workplace, where you resumed full time work, shortly after being bailed by me.
54It was submitted on your behalf that you followed your brother, and were not the initiator of the home invasion. This is correct, but you did enter the room and did so knowing that Mathew intended to assault a person in the room. Once inside your presence and actions towards Gurdeep assisted or encouraged Mathew in his attack on Avtar. By your plea to Charge 3 you have accepted that you were complicit in Mathew intentionally causing injury to Avtar Singh.
55Your assault on Gurdeep was considerably less serious than Mathew’s attack on Avtar, but the circumstances of that assault make it a more serious instance of that offence than is encompassed by the few blows inflicted. You had dragged Gurdeep from his bed, in the middle of the night, and attacked him for no reason. It appears that you were caught up in the fury of the home invasion and the attack on Avatar. Fortunately, Gurdeep’s injuries have not led to long term problems for him.
56Ashley, I take into account the following matters in mitigation of your sentence:
(a) You have pleaded guilty, and you made admissions when interviewed. Your plea of guilty is of real utilitarian value to the witnesses, the court and the prosecution. This practical benefit is greater than usual in the context of the pandemic and its effects on the business of the court, and so your plea carries significant weight in mitigation;
(b) You were on remand for nearly 8 months. This period of remand was during the pandemic, and so your access to visitors, and other usual activities whilst on remand was significantly reduced. Through no fault of yours there were significant lockdowns, with very limited ability to speak on the phone to your family. This time on remand was particularly burdensome for you because you were separated from your children, who remained in the care of your mother. Your children found it very difficult to be separated from you, with your son refusing to speak to you, and your daughter falling into bad company and being stabbed shortly before the plea;
(c) You have given an undertaking to the Court to give evidence in the proceedings against MB. I will impose a less severe sentence than I would otherwise for this reason, and I will note in the records of the Court that this has occurred.[18] Cooperation such as this is encouraged by giving a real discount in the sentence that would otherwise be imposed. Furthermore, if you were returned to custody, the risks that arise where a person is known to be assisting the authorities would impact your conditions in custody;
(d) I accept also that you sincerely regret your actions. Your letter of apology expresses your regret for the trauma to the victims, and you are full of regret for the effect of your conduct on your family;
(e) You have a good work history, and used your time on remand to do further courses;
(f) Whilst you have a criminal history, including for offences of violence, it demonstrates that in the last few years you have been making real progress in turning your life around. This is illustrated by the sentences you received in July 2019, following a period on CISP bail;
(g) You are an important figure in your children’s care, they are in your custody and you live with your mother who assist you in caring for them. One of your children has special needs, and your presence and role in caring for him is particularly important;
(h) You have been on bail since the first listing of this plea on 23 November 2021. You served 240 days pre-sentence detention, or just under 8 months on remand.
(i) You took part in the Koori Court sentencing conversation. I will set out more detail about that conversation, in a moment.
[18]Sentencing Act 1991 s5(2AB).
57Home Invasion is a category 2 offence, which requires a sentence of imprisonment not combined with a CCO, unless an exception applies. In your case the undertaking you gave to give evidence means that the exception set out in s5(2H)(a) is made out. This means that all sentencing options are open to me, in sentencing you, and I will consider what sentences are appropriate in light of normal sentencing principles.
Sentencing Conversation
58You both agreed to take part in the Koori Court Sentencing Conversation. Your participation in the conversation is something I take into account I mitigation, both that you were willing to put yourselves in the position of having to speak directly to the elders and respected persons, but also in terms of what I observed of your answers and participation.
59The elders and respected persons who were part of that conversation were Uncle Peter Peterson, and Andrew Arden. Both of them spoke to you about the need for you to address the life choices that led to this offending. Mr Arden spoke to you, Ashley, about the need to be present and part of your children’s lives, and that you had to make choices to make that happen. Uncle Peter emphasised to both of you that under Aboriginal law the behaviour which brings you to court is inacceptable, and that as members of a small community you had to show respect to the other people around you. In such a community action would be taken against you, if you behaved in such a way, and you would have been pushed out of your mob. Mr Arden reminded you that as Aboriginal men, your offending reflects badly upon all indigenous people – however unfair that may be.
60It appeared to me that you, Ashley, whilst you found it hard to speak, were affected by what Uncle Peter and Andrew Arden said. Your children are very important to you, and being away from them for 8 months was very hard on them, and your mother who cares for them. Tragically, your son refused to speak to you on phone in the later part of your time on remand. Your eldest daughter was injured by stabbing not long before the plea hearing.
61It was clear that both of you were affected by the things which were said in the sentencing conversation. Both of you teared up several times. You, Mathew, acknowledged not only that you had harmed these two men, and that that was wrong, but also that you dragged your brother into the offending. Ashley acknowledged that he could have tried to stop you, but he did not, and that taking part has led not only to him being locked up, but his mother being left to care for his four children, and his children suffering from his absence from their home.
62As I said in the hearing, I do not think it useful to the sentencing exercise to engage in a blame game, about who else’s fault it was that you both engaged in this offending. Both of you are ultimately responsible for your own choices, whatever the other influences were.
63Ashley, you said that because you do not drink in front of your children, you were out having a few with your brother. You got swept up in the events. You plan to try to give up drinking, and to spend quality time with your children, carrying on activities such as camping and canoeing. You had been doing things to help with your drug and alcohol issues, including getting some counselling.
64Mathew, it was apparent to me that you truly regret getting your brother involved in this offending, and the results of that on him and his children. You understand the role alcohol played in these events, and the need to stop drinking. You are aware how hard that is, but it is a positive step that you can see that you need to do so, and that it is on you, no-one else, to take control of this. Both Uncle Peter and Andrew urged you to develop your pride in yourself, and to make not drinking a part of your self-respect.
Gravity of Offending
65Home invasion is a serious offence, carrying a maximum penalty of 25 years. Parliament has further indicated the gravity with which it views this offence by making it a category 2 offence. This instance of the offence occurred in the small hours of the morning, and was committed to deliver punishment to Avtar Singh for a perceived wrong.
66The attack by Mathew on Avtar Singh was ferocious and caused life threatening injuries. The effects on Avatar Singh, in particular, have been significant.
67Both of you have acknowledged the seriousness of this offending. Whilst the originator of the scheme seems to have been Mathew, spurred on by the complaint by MB, and his desire to impress or protect her, Ashley participated and supported Mathew throughout.
68In respect to Ashley, I accept that your culpability is to a degree less than Mathew, in respect to the home invasion, but only to a small extent. The far more significant factor in sentencing you is that you have given an undertaking to assist the prosecution of MB. Furthermore, the situation regarding your children, whilst not amounting to exceptional circumstances, means that your time in custody would be made more onerous due to your concerns for them.
Sentences
69Mathew Doyle:
Charge 1 – Home invasion – 3 years' imprisonment (1 year)
Charge 2 – RCSI Avatar Singh – 4 years, six months' imprisonment (Base)
Charge 4 – RCI – Gurdeep Singh – 2 months' imprisonment (1 month)
Charge - Possess Drug of Dependence (Cannabis plant) – 1 month imprisonment
The sentence of four and a half years on Charge 2 is the base sentence. I direct that one year of the sentence on Charge 1, and one month of the sentence on Charge 4 be served cumulatively upon each other and on the sentence on
Charge 2.
By my calculations, that leads to a total effective sentence of five years and seven months. I set a non-parole period of three years and six months.
70I declare that you have already served 388 days as pre-sentence detention, not including today. Pursuant to s6AAA of the Sentencing Act I state that had you not pleaded guilty I would have sentenced you to eight years’ imprisonment with a non-parole period of six years.
71Ashley Doyle:
Charge 1 – Home invasion – 215 days’ imprisonment 7 months)
Charge 3 – Intentionally Causing Injury to Avatar Singh – 184 days (5 months)
Charge 4 – Recklessly Causing Injury to Gurdeep Singh – 60 days
72The sentence on Charge 1 is the base sentence. I direct that 20 days of the sentence on Charge 3, and 5 days of the sentence on Charge 4 be served cumulatively upon each other and on Charge 1 leading to a total effective sentence of 240 days.[19]
[19]NOTE – in delivering the sentence orally the figure of cumulation declared was 30 days. This was an error, which was rectified in the Orders.
73On all charges impose a CCO of 24 months duration, with a condition only of 300 work hours. I note that because this is the only condition attached, I did not obtain an assessment for suitability for a CCO and note that the order will expire on completion of the work hours ordered.
74I have not ordered a mental health or drug and alcohol condition, as you are currently addressing those issues voluntarily. Ashley Doyle, under a CCO, if you do not obey the core conditions of the order, or if you do not obey the directions of Corrections Victoria, or if you commit a further offence, you can be brought back before the court for breaching the order and be sentenced for breaching it, and also re-sentenced on the original offending. Do you consent to the making of the order?
ACCUSED A. DOYLE: Yes.
HER HONOUR: All right, thank you, Ashley. We will just put you back on mute.
75I am very conscious that the sentences imposed on Ashley are much lower than the sentences imposed on Mathew, and in respect to the charge of Home Invasion is at the lowest end of the range. These sentences are in effect merciful sentences having regard to reflect the combination of powerful mitigatory circumstances that relate to Ashley, and which are not applicable to Mathew.
76In respect to Ashley Doyle, I declare that he has already served 240 days in custody, and direct that this be entered into the records of the court. The 6AAA declaration in respect to Ashley, is that if he had not pleaded guilty, I would have sentenced him to four years' imprisonment with a non-parole period of three years. This declaration reflects the plea of guilty and is also associated with factors relating to the undertaking given to assist the authorities.
77I state pursuant to s5(2AB) of the Sentencing Act that I have imposed a less severe sentence than otherwise would have been imposed, in part by reason of the undertaking given by Ashely Doyle, and I direct that the undertaking, the fact that the undertaking was given, and its details be entered into the records of the court.
78I will make the forfeiture and disposal orders as have been agreed between the parties.
---
0
0
0