Director of Public Prosecutions v Dyer

[2017] VCC 1522

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR 17-0036

DIRECTOR OF PUBLIC PROSECUTIONS

v

CAMERON DYER

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JUDGE:	HER HONOUR JUDGE GAYNOR
WHERE HELD:	Melbourne
DATE OF HEARING:
DATE OF SENTENCE:	18 October 2017
CASE MAY BE CITED AS:	DPP v Dyer
MEDIUM NEUTRAL CITATION:	[2017] VCC 1522

REASONS FOR SENTENCE
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Subject:
Catchwords:
Legislation Cited:
Cases Cited:
Sentence:

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms T Saville
For the Accused	Ms A Brennan

Pages 1 - 11

 

 

HER HONOUR: 

1Cameron Dyer, you have pleaded guilty before me to one charge of kidnapping, one charge of intentionally causing injury, and one charge of theft. You have also pleaded guilty to two summary charges which have been uplifted for hearing in this court pursuant to s.145 of the Criminal Procedure Act, they being possession of body armour, that being a ballistic vest without exemption and one charge of fraudulently using a registration label.

2The facts underlying your offending are as follows.  You and a number of co-accused went to Fountaingate Shopping Centre on 10 November 2016 with a man known as DK.  While there, a co-accused, Cassandra Vivianti, contacted the complainant to meet up.  When he arrived, she walked over to him and walked him to a white Holden station wagon where you and DK were.  The complainant, Demetri Koutrouvelis, was introduced by Vivianti to DK, who asked him to buy a litre of GHB, and gave the complainant $1000 for the purchase.

3On 12 November 2016, you, Vivianti and other co-accused Clint Little and Michael Eagle and another two men met at premises near Hallam and talked about getting back the $1000 from the complainant that DK had given him.  It appears that this man had simply taken the money, not purchased the drugs and disappeared off the scene.  There was a discussion about meeting up with the complainant, grabbing him and putting him in the car.

4Later that day at about 6 pm, a woman called Natalie Beath received a Facebook message from one Maria Tigler, saying she needed her help to organise a set-up, which involved meeting with the complainant to purchase
1.7 grams of ice from him.  Arrangements were made to meet him at McDonald's in East Doncaster, but this location was later changed to a street in Doncaster East.  At about 8 pm, the complainant drove to Lawrence Street in East Doncaster and parked outside a house, and he arranged for a friend, Annalise Marino, to meet up with him.  She arrived at the car park nearby and got into the complainant's front passenger seat.

5Soon after Ms Beath arrived and parked directly behind the complainant's car with her headlights on and stayed in her car.  Within seconds, another two cars entered Lawrence Street, one parking on Mr Koutrouvelis' driver-side door and the other blocking his car at the front.  About seven or eight people got out of the two cars and went straight towards Mr Koutrouvelis while he was still sitting in his car.  Three men went to his door and opened it, one of those men being in possession of an ASP baton, a chrome baton which extended to about a metre in length and another man holding a machete about a metre in length.

6You were also seen by Mr Koutrouvelis wearing latex gloves and holding a taser.  Mr Koutrouvelis was batoned, tasered, punched and grabbed while sitting in the driver's seat of his car, you tasering him three to four times on his right arm and on his right ribs.  Another man punched Mr Koutrouvelis twice to the head and he heard a man say, "Little cunt", and, "Get into the back".

7Mr Koutrouvelis tried to run for about five metres but was hit with a baton two to three times to the head, causing him to fall to the ground and you directed him to get into the boot of one of the cars parked next to his own vehicle.  Mr Koutrouvelis got into the boot of the car, which was shut down with him inside and he called 000 from his mobile phone, telling the operator he was in a boot and that he was worried those inside the car would hear him.

8About 25 minutes later, the car stopped for about an hour at Churchill National Park.  Ms Vivianti opened the rear centrepiece of the rear seat and you provided Mr Koutrouvelis with water and a cigarette, saying, "DK wants you to stay in the boot until tomorrow 'til he gets back".  About five minutes later, you said "If you can tell someone to cardless cash $500, we'll let you go".  Mr Koutrouvelis told you and Ms Vivianti he would call his mum to send the money, telling Ms Vivianti his mother's phone number, and she dialled the number and rang it several times before Mr Koutrouvelis' mother answered.  Mr Koutrouvelis told his mother he needed her to cardless cash $500 to him, telling her, "Don't worry, just do it", when she asked why.  He told his mother he was in Narre Warren with friends and his mother said she would call back after speaking to his father.

9Eventually, she transferred the money and a few minutes later, you told Mr Koutrouvelis the money was received and to take off his clothes. 
Mr Koutrouvelis handed his clothing to Ms Vivianti through the centre-rear console.  You pressed the release button for the boot and told Mr Koutrouvelis to walk straight, which he did, and then you and Ms Vivianti left the scene.

10Eventually, Mr Koutrouvelis waved down a car and police and ambulance were called.  Mr Koutrouvelis was taken to the Alfred Hospital where he stayed for three days and was treated for his injuries.  He had sustained bruising, a neck injury and several lacerations to the head, face and upper body.

11Your actions in getting Mr Koutrouvelis to get into the car and driving him away for money underlie Charge 1 on the indictment.  Your actions in being part of the attack upon him underlie Charge 2 of the indictment, intentionally causing injury.

12On 24 November 2016, police searched your bedroom, where they found a machete and on 30 November 2016, a further police search located the black-coloured ballistic vest, which underlay one of the summary charges.  On
14 December 2016, police attended a unit in Elgin Street, Berwick, on an unrelated matter where you were seen standing at the top of the driveway in possession of a stolen Nissan Silvia Coupe, with false plates affixed.  This vehicle had been reported stolen to police on 28 September 2016 for a Mordialloc address.  Your possession of that stolen vehicle underlies Charge 3 on the indictment, the charge of theft, and the second summary offence, use of fraudulent number plates.

13You were taken back to the Narre Warren police station, where in a record of interview, you denied involvement in the incident relating to the kidnapping and the injury of Mr Koutrouvelis. 

14This matter was resolved at an early stage at committal case conference and a plea was entered on 29 August 2017 without the cross-examination of any witnesses.  The maximum penalty for kidnapping is 25 years' imprisonment.  The maximum penalty for intentionally causing injury is ten years' imprisonment.  The maximum penalty for theft of a motor vehicle is ten years' imprisonment.  The maximum penalty for possessing body armour is 240 penalty units or two years' imprisonment and the maximum penalty for fraudulent use of registration plates is 60 penalty units or six months' imprisonment. 

15Mr Koutrouvelis made a victim impact statement where he described the great fear that he suffered at your hands and the subsequent anxiety he feels about his life in general.  He stated that he has flashbacks, said he feels anger, frustration and fear for his life and sometimes finds it hard to fall asleep.  He continues to see a psychologist to help him with the emotional trauma he has been left with, which includes frequent attacks of anxiety.

16He also missed work for a number of days and had to pay for a psychologist who he was not seeing prior to the attack upon him.  You were remanded in custody and have now been held at Marngoneet prison in protection for 308 days.

17I now turn to your personal circumstances.  You are now 26 years of age and were 25 at the time of the offending.  You are the only son of your parents.  You described to psychologist Warren Simmons, whose report was tendered on the plea, a happy upbringing, you said that as the only son, you were the golden child and were spoiled by your mother. 

18You had some difficult times at school, you were expelled in Year 10 for truancy and you told Dr Simmons that you had difficulty understanding the school work, that you stuttered when you were fairly young and I was informed by your counsel that you were also bullied at school.  You were sent to Cambria College, where you were placed in Year 12, which was too difficult and also then attended Berwick High School, again attending only sporadically and ultimately, being expelled.

19You thereafter worked in a tattoo shop from the age of 18, moving to a well-known tattoo parlour called DC Tattoos, where you worked for about two years but left that employment because of your concerns about the links with bikie gangs that that employment involved and thereafter you earned your living essentially tattooing friends from home.

20You have a problematic drug and alcohol history. You used cannabis from the age of 15 on a daily basis up until the age of 21.  You had a relationship with a young woman from the age of 18 to 21, which caused you an immense amount of emotional difficulty when she broke up with you.  Following that you started abusing GHB, which you used for some years on an almost daily basis, in the process suffering an overdose. You also then began using ice, smoking in excess of a gram of methamphetamine a day.  You told Dr Cunningham you were high at the time of your offending.  You were often paid for tattoos in drugs.

21You lived at home until you were 25, when your parents separated and thereafter lived with friends and were couchsurfing at the time of this offending.  Your time in gaol has been your longest period off drugs.  Because you are on remand, you have not been able to undertake the more long-term drug rehabilitation courses offered by that gaol but have undertaken a number of courses in gaol which is, to your credit.

22HER HONOUR:  Are you working?

23OFFENDER:  Um, I'm waiting to get a job in the bakery there.  I just gotta wait for this sentence.

24HER HONOUR:  You have had some traumatic experiences as a result of your years of constant mixing in the drug world.  In 2015, you were present at the home of friends who were raided, it was a traumatic incident, those who broke in were armed with guns.  The friend and the occupier of the home got a hold of a gun and shot the perpetrator dead.  You were present at that time and sought to protect a 15-year-old girl who was also present in the house. 

25As a result of your involvement in that incident, you yourself have been targeted in Marngoneet by associates of the perpetrator who was killed.  You were assaulted and badly beaten and are now in protection, which carries its own limitations and restrictions.  You told Dr Cunningham that you have had problems and flashbacks relating to that incident. 

26Testing by Dr Cunningham revealed that you have particularly low verbal reasoning, although you present as average in the other areas.  Dr Simmons stated:

"He presents with significant impairments in verbal reasoning relative to non-verbal reasoning.  Mr Dyer's verbal impairments would impair his ability to communicate and manage emotions, problem solve, verbal information and succeed at school".

27So that explains to some extent why you had difficulties learning at school.  It was Dr Cunningham's view that you presented with symptoms of depression, anxiety and trauma.  He put this down to your difficulties at school, your difficulties at maintaining stable employment and the relationship breakdown with your girlfriend, which he says you continue to think about.  He stated:

"In my opinion, Mr Dyer's verbal communication and emotional regulation impairments would have aggravated his adjustment to the relationship breakdown.  He grieved the relationship breakdown and abused drugs as his major form of escape and social engagement.  His drug abuse has perpetuated his depression and exposed him to trauma.  His drug abuse and association with drug abusing peers were the main contributors to his offence behaviour."

28You do have a prior criminal history.  You first appeared in court at the age of 19 in relation to damaging a car belonging to an ex-girlfriend.  When you were 23, you were dealt with at the Dandenong Magistrates' Court by way of a fine, for possession of a controlled weapon without excuse, possession of cartridge without a licence and carrying a prohibited weapon.  That involved possession of bullets, a taser, (which you seem to have an unfortunate taste for) and an extendable baton.  It appears you carried these weapons around because you were paranoid about needing to defend yourself. 

29When you were 24, you were placed on a community-based order for theft and using methamphetamine and cannabis, being a prohibited possession, possessing a firearm and a silencer, possession of cannabis and successfully completed that community-based order. 

30Whilst not extensive, your priors are reasonably serious.  The court does not look favourably upon people who wander around possessing firearms when they are prohibited from possessing them.  It appears that your offending is inextricably linked to your drug problem and that is indicated by the priors. 

31You do still enjoy the strong support of a law-abiding and loving family.  The aim is for you to return to live with your father once you are released from gaol.  It appears you have done well in gaol and a letter from your parents indicated that you have returned to the son they always had, that they visit you frequently and that they offer you support.  In all the circumstances, it was submitted that I should deal with you by way of a term of imprisonment but where the maximum term is significantly higher than the minimum term.

32I do regard you as a person with reasonable prospects of rehabilitation, (a) because it appears that being in gaol has adversely affected you and prompted you for the first time in many years to do something about your drug problem and (b) because you do have the support of your family.  As I commented during the plea, however, you are going to have to do some very hard work when you get out.  It is all very well giving up drugs within the strict confines of gaol.  It is much harder to keep that up in the outer world where you have greater free choice and a greater opportunity to use these drugs.

33In all these circumstances, therefore, I have decided to sentence you as follows.  Yes, can you stand up, please?

34On Charge 1, you are sentenced to two years' imprisonment.  On Charge 2, you are sentenced to 18 months' imprisonment.  On Charge 3, you are sentenced to ten months' imprisonment.  On Charge 4, you are sentenced to three months' imprisonment and on Charge 5, you are sentenced to six months' imprisonment, I am particularly unimpressed by - sorry, what is the maximum penalty for fraudulent use of number plates?

35MS SAVILLE:  Sixty penalty units or six months.

36HER HONOUR:  That's the maximum?  I didn't realise.  All right, three months for that.  Three months for fraudulent use of number plates.  The base sentence will be the sentence imposed on Charge 1, two years.  I order that six months of the sentence imposed on Charge 2 - four months of the sentence imposed on Charge 2, one month of each of the sentence imposed on the summary charges be served cumulatively to the sentence imposed on Charge 2 which should give a total effective sentence of three years. 

37I order that you serve 18 months before becoming eligible for parole, and I declare that you have served 308 days by way of pre-sentence detention.

38OFFENDER:  Thank you, Your Honour.

39HER HONOUR:  All right, so when you get out you will have
18 months hanging over your head.

40OFFENDER:  Yep.

41HER HONOUR:  Got a big decision to make here.

42OFFENDER: M'hmm.

43HER HONOUR:  What you are going to do with your life next.  Have you heard everything I've said?

44OFFENDER:  Yes, I have, Your Honour.

45HER HONOUR:  Just remember, if you - it's not - parole is sort of a worrying and a difficult thing in itself, all right?  So, it is a matter for you but you really, you have got to deal with drug use, or this is going to go on forever.

46OFFENDER:  Yes, I understand that.

47HER HONOUR:  All right.  Pursuant to s.6AAA, I declare that had you not pleaded guilty I would have sentenced you to a term of imprisonment of four years and ordered that you served a minimum term of two years and six months. 

48OFFENDER:  Thank you.  Thank you, Your Honour.

49HER HONOUR:  I think I've only got one copy of that?  I will return the references to you, the materials.

50COUNSEL:  Thank you.

51HER HONOUR:  Is there anything further I need to attend to?

52MS SAVILLE:  Is Your Honour proposing to make any order in relation to the accused's licence?

53HER HONOUR:  I have to, don't I?

54MS SAVILLE:  It's discretion, as I understand it.

55HER HONOUR:  What do you say about that, Ms Brennan?

56MS BRENNAN:  To be honest, I overlooked the theft of motor vehicle discretionary licence so I haven't taken any instruction, if I could approach, I could take instruction.

57HER HONOUR:  Yes, sure.

58MS BRENNAN:  Your Honour, he does have a licence, he doesn't currently have a car.  He has ordinarily used a car for the ordinary kinds of transport and is saving money in gaol to pay for a new car and his father is currently intending to match some of his savings to assist him to get a new car.

59HER HONOUR:  The licence off the road doesn't work while a person is in gaol, run when a person is in gaol, does it, Ms Saville?

60MS SAVILLE:  As I understand it, it starts from the date that Your Honour nominates, so it would. 

61HER HONOUR:  It does, does it?

62MS SAVILLE:  I think so.

63HER HONOUR:  All right.  Well, he can lose his licence for six months.

64MS SAVILLE:  As the court pleases.

65HER HONOUR:  And that starts today, all right?  So he's going to have to apply for it when he gets out.  Thank you.  I thank counsel for their assistance, thank the family for attending.  Good luck, sir.

66OFFENDER:  Thank you.

67HER HONOUR:  Get out there and get on with a proper life.

68OFFENDER:  Yeah, I will.

69HER HONOUR:  All right, see off this idiot drug life that you have been leading.  Not the way you were brought up.  Off you go, thank you.  Thank you very much, we will adjourn to 9 o'clock tomorrow morning.

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