Director of Public Prosecutions v Field
[2025] VCC 856
•19 June 2025
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
Case No. CR-23-01484
CR-23-01485
CR-23-01478
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| CHRISTOPHER GORDON FIELD |
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JUDGE: | HER HONOUR JUDGE GWYNN | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 14 May (WANGMAN and FIELD only), 19 June 2025 | |
DATE OF SENTENCE: | 19 June 2025 | |
CASE MAY BE CITED AS: | DPP v Field & Ors | |
MEDIUM NEUTRAL CITATION: | [2025] VCC 856 | |
REASONS FOR SENTENCE
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Subject:Criminal law
Catchwords: Intentionally cause injury, fail to comply with order to provide information or assistance
Legislation Cited: Sentencing Act 1991 (Vic)
Cases Cited:Bugmy v The Queen [2013] HCA 37
Sentence: Community Corrections Order in combination with a fine
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Mr B. Nibbs | Office of Public Prosecutions |
| For the Accused Field For the Accused Binks For the Accused Wangman | Mr J. McGarvie Ms A. Sharpley Mr R. Backwell | Stary Law Slades & Parsons Criminal Law Valos Black & Associates |
HER HONOUR:
1Reece William Wangman, Christopher Gordon Field and Ricky Binks, you have each pleaded guilty on indictment to a single charge of causing injury intentionally. You, Reece William Wangman, have also pleaded guilty on the one indictment to a charge of failing to comply with an order to provide information or assistance.
2In sentencing you for your crimes I am obliged to consider the maximum penalty for the crime or crimes you have committed. Causing injury intentionally carries a maximum penalty of 10 years' imprisonment and failing to comply with an order to provide information or assistance carries a maximum penalty of five years' imprisonment. These maximum penalties reflect the seriousness with which Parliament regards each offence.
3The circumstances of your respective offending were set out in two documents entitled “Prosecution Opening for Plea”, each dated 6 May 2025. These are agreed documents and reflect your acceptance of responsibility for each element of the offence or offences you have committed, as well as the factual basis on which I am to sentence. It is a lengthy document to which I have had recourse and will not be repeated in full in these sentencing reasons. Some reference however will be made in order to understand the gravity of your offending.
The offending
4The victim was Jesse Watts who, on 28 July 2022 was the President of the Nomads Outlaw Motorcycle Gang, Melbourne City Chapter. You, Reece Wangman, were said to be a member of the Nomads Central Highlands Chapter, you, Christopher Field, were a member and former President of the Nomads Central Highlands Chapter and you, Ricky Binks, were said to be a Sergeant of Arms of the Nomads Central Highlands Chapter.
5Other members of the Westside Chapter who have also been charged include Isiah Grace, who did not attend his plea hearing listed 3 April 2025 and a warrant was issued for his arrest. Oliver Frood-Marich, Osama Hamze and Lance Tufuga have all been sentenced and each received a community-based disposition.
6In the background of the offending was the simple fact that Mr Watts had fallen out with the Westside Chapter of the Nomads. Various communications on various devices are outlined in the Crown document and establish this reality.
7The Crown opening details that the three of you telephoned each other multiple times between 7:58 am and 10:08 am on 28 July 2022.
8
At 12:27 pm on that same day, Closed Circuit Television identified a vehicle said to belong to you, Mr Binks, heading towards Mr Watt's address in Blisse Street, Point Cook. It is alleged that Mr Binks, Mr Field, Mr Wangman, Mr Grace and
Mr Frood-Marich all attended at Mr Watts' address with some attempt to conceal your appearance.
9Mr Field knocked on the door which was not answered and you all left.
10It would appear that this group attendance was made known to Mr Watts.
11It is also apparent that Mr Watts formed an intention to attend at the Nomads Westside Chapter clubhouse in response to the attendance at his home address by identified members.
12Mr Frood-Marich made a request to the Nomads Westside Chapter chat group to attend at the clubhouse in response to a telephone call between you, Mr Field, and Mr Watts and in the belief that Mr Watts was going to attend the club house as I have just described.
13Mr Watts did so attend.
14Prior to that attendance, you, Mr Wangman, assisted Mr Frood-Marich and Mr Grace to roll a large steel dumpster bin in front of the Nomads clubhouse. Mr Binks can be seen to park his white Mazda Ute in front of the dumpster bin, both of which blocked access to the roller door of the clubhouse.
15You, Mr Field, had been in contact with Mr Watts on 28 July 2022 in the lead up to his attendance at the club house.
16At approximately 2:10 pm on 28 July 2022, CCTV at Weddel Court, Laverton North captured a Holden Statesman sedan enter and park opposite the Nomads Clubhouse.
17Mr Watts can be seen to exit the front passenger seat wearing a black balaclava, orange and blue high visibility work jumper and to be carrying a red jerry can with a yellow nozzle and a stick. Mr Watts approached the clubhouse and poured petrol over the white Mazda Ute parked at the front of the clubhouse. It had been a white Mazda Ute which had attended at his address earlier and all information would suggest it was the same one belonging to Mr Binks.
18As Mr Watts poured petrol over the Ute, you, Mr Binks, and you, Mr Field, are said to have stood outside watching before going into the clubhouse.
19Shortly thereafter, Mr Hamze immediately exited the clubhouse followed by Mr Grace, you, Mr Wangman, Mr Tufuga, you, Mr Field, Mr Frood--Marich and you, Mr Binks. You, Mr Binks, are alleged to have had a bottle in your hand.
20As your group exited the clubhouse, Mr Watts put the jerry can on the ground and gestured towards Mr Hamze in a combative stance with the stick. He was encircled and continued to take up a combative stance with the stick gesturing to strike out.
21Mr Hamze picked up and threw petrol from the jerry can towards Mr Watts before Mr Grace managed to disarm Mr Watts by getting him in a headlock and throwing him to the ground.
22The rest of you rushed towards Mr Watts, with you, Mr Binks, throwing the bottle at him.
23All of this group then assaulted Mr Watts whilst he was on the ground and incapacitated.
24The Crown summary attributes each participant to doing the following acts in the next 33 seconds:
(a) You, Mr Field, strike Mr Watts with a sledgehammer nine times to the back and rib area and on two occasions kicked or stomped on his head.
(b) Mr Frood-Marich struck Mr Watts with three punches and nine kicks, six of which were to the head and three to the body. The final kick was said to be to the right side of Mr Watts' face.
(c) Mr Hamze struck Mr Watts with one punch and four kicks. There was some dispute as to whether one was to the head whilst wearing work boots or as the defence submitted to the armpit, but that is of little consequence in the overall circumstances.
(d) Mr Tufuga kicked Mr Watts five times to the body whilst wearing work boots.
(e) You, Mr Wangman, struck Mr Watts with nine punches and two kicks.
(f) After having disarmed Mr Watts by throwing him to the ground, Mr Grace then struck him five times with the stick.
(g) You, Mr Binks, struck Mr Watts with the bottle, which did not appear to break and kicked him three times whilst wearing work boots.
25In summary, the accepted Crown case is that during the assault Mr Watts was struck by a small sledgehammer nine times, struck by the stick five times, kicked to the body and head 22 times and punched 13 times.
26These facts form the basis for the charge of causing injury intentionally.
27At 2:12 pm, Mr Watts got to his feet and returned to the Holden Statesman and was driven away by an unidentified person.
28As he left, it is alleged that Mr Binks threw the small sledgehammer at the Holden Statesman which struck the back left door. I note Mr Binks you are not charged with this event and will not be punished for it. You are also said to have hosed down the area and your white Ute post the assault
29You, Mr Field, were arrested at an address in Queensland on 20 September 2022. When interviewed by Police, you confirmed your mobile phone number but little else.
30You, Mr Binks, were arrested at an address in Winter Valley on 5 September 2022. The address and your vehicle were each searched, and items were located by Police relevant to their investigation into the injury caused to Mr Watt. You were interviewed by Police that day.
31You, Mr Wangman, were arrested on 30 August 2022 and a number of search warrants were executed by Police. You remained mute when interviewed by Police. When asked by Police for your PIN for your mobile phone you refused, forming the basis for Charge 2 on the indictment – failing to comply with an order to provide information.
Offence gravity and victim impact
32Mr Watts refused to make a statement to Police at all and has not made a Victim Impact Statement. Nevertheless, CCTV footage of this event was tendered at your relative plea hearings and makes for sickening viewing.
33Mr Watts came to the Clubhouse after the visit to his address which had been met without response to the knock on his door, and in the context of Mr Watts very much being in the category of 'persona non grata'. You were all expecting him and you were prepared for that eventuality. I accept that you may not have been expecting Mr Watts to attend with petrol.
34Whilst I accept the Crown concession on the plea of Mr Frood-Marich, Mr Hamze and Mr Tufuga that Mr Watts did not attend the Nomads Westside Chapter Clubhouse with what was described as 'clean hands', the assault on him remains accurately described as vicious, savage and brutal. The fact that it involved seven on one and the use of a weapon against a man on the ground is particularly cowardly. The fact that he was on the ground at this time meant that he was at his most vulnerable and elevates the gravity of the charge of causing injury intentionally. Violence is never an answer.
35You are each charged with acting in concert during the assault upon Mr Watts and each bear responsibility for the injury which resulted. The injury relied on by the Prosecution is that Mr Watts suffered pain.
36You, Mr Field, as I have observed, would appear to have been quite savage given your use of a sledgehammer. However, given the role you each played and the use of work boots by a number of the attackers, and the inability of the Crown to particularise injury other than pain, I do not see a basis to distinguish greatly, if at all, between you in terms of your respective roles in causing injury to Mr Watts.
37Principles of denunciation, general deterrence and just punishment are an essential part of your respective sentencing.
Plea of guilty
38Each of you have obviously pleaded guilty
39The Sentencing Act 1991 obliges me to take into account the stage at which you entered your guilty plea.
40Each of you were originally charged with far more serious offending as were your co-offenders .Your co-accused, Mr Frood-Marich, Mr Hamze and Mr Tufuga, all resolved their matters late last year.
41You, Mr Wangman and Mr Field, did not accept a sentence indication given on 24 July 2024 and your matter was listed for trial on 13 May 2025. You were arraigned and entered your guilty plea to the current indictment on 16 April 2025 and after Mr Frood-Marich, Mr Hamze and Mr Tufuga had all been sentenced.
42Your matter, Mr Binks, was also listed for trial on 13 May 2025. The Crown accepted a plea offer from you on 1 May 2025 and you were arraigned on 6 May 2025. You are the last in time to acknowledge your wrongdoing.
43I accept that it was only once the appropriate charge and the facts had been settled that you were then in a position to plead guilty. In that sense, each plea is still at an early opportunity, albeit somewhat later than the three of your co-accused.
44Whist remorse is somewhat harder to discern, I accept that you have each taken responsibility for your actions. You have each saved the Court and the community the time and costs associated with contested proceedings.
45These factors will be taken into account in your respective favours.
46I note also that whilst charged in August of 2022, these matters are only being finalised in June of 2025. The evidence has not changed over that period of time and each of you had tried to resolve the matter at an earlier stage. I take into account in a general sense the stress associated with this delay. In addition, for each of you, it gives the Court the opportunity to assess your prospects for rehabilitation.
47I now turn to each of you individually, starting with you Mr Wangman.
REECE WANGMAN
48You are now 29 years of age.
49You grew up as a single child of your parents. You make no complaint about your formative years and your parents remain happily married.
50You attended school to Year 10 level and report some bullying as a result of your size and your weight. You see this bullying as a catalyst for you gravitating towards negative peers and, at a later stage, towards Outlaw Motorcycle associates.
51On leaving your formal education, you commenced training as a panel beater.
52You left the family home at age 18.
53You commenced drinking alcohol at this age but described yourself as a rare drinker. You commenced using cocaine at 24 but deny addiction to this or any other drug.
54Your prior criminal history is part of your personal circumstances.
55You have two prior court appearances that are not without their relevance. On 16 December 2016, you were placed on a Community Correction Order of 12 months duration by the Frankston Magistrates' Court for a charge of affray. On 9 March 2022, records filed would indicate you were again placed on a 12 months' Community Correction Order for a charge of affray. This order was imposed by the Ballarat Magistrates' Court for a period of 12 months. Your offending on 28 July 2022 would have been in breach of this Correction Order and represents an aggravating feature to that offending.
56Whilst not to be punished for your criminal history a second time both matters are reflective of your preparedness for violence in a group setting, which is of course part of your behaviour in July of 2022.
Prospects for rehabilitation
57As a direct consequence of your offending you spent 19 days on remand, an experience you had not previously had. I accept that for you there was a degree of both sanction and deterrence in this experience. You have had some two years and nine months since of adherence to bail conditions and without further intersection with the criminal justice system, perhaps reinforcing the comment I have already made that there has been some sanction in the 19 days on remand.
58A report authored by Mr David Ball, Forensic Psychologist and Clinical Neuropsychologist, dated 19 July 2024 has been tendered on your behalf. Whilst somewhat dated, you did express your remorse for your offending to Mr Ball and did show some insight into the factors which contributed to your offending. Factors in your past led Mr Ball to form the view that you did present with Post Traumatic Stress Disorder at the time of his assessment. I am aware of the contents of his report and the basis for that finding. He was concerned that you access treatment for this as well as for a range physical health conditions which include sleep apnoea, restless leg syndrome and obesity. Mr Ball opined that you are intelligent and high functioning and that you are “likely to present with few, if any, challenges” to your “safe management in the community”.[1]
[1] Psychological Assessment and Court Report of David Ball dated 19 July 2024, page 4.
59You have been constantly employed since leaving school but currently have a knee injury and are awaiting surgery. Your current employment is with the Department of Transport.
60You met your current partner in 2022. In what was an unsigned and undated letter from Stephanie Wilson, she describes you as caring and supportive and as a wonderful stepfather. You have a 20-month-old daughter together. You also parent Ms Wilson's five-year-old son, Oscar. I accept that this is an ongoing and supportive relationship and that your family unit is a strong motivator for you to avoid any further criminal behaviour. Your relationship with your parents is one where you play an ongoing role in relation to their healthcare, and this is another factor supporting your prosocial behaviour.
61You say that you have been entirely drug free since 2022. You no longer have any association with Outlaw Motorcycle Clubs. There has been no further offending since July of 2022.
62I have taken into account character references authored by Rhett Thomas, your supervisor at Sprayline Road Services; Bobby Meade, a close friend, Danny Jinette, a Production Manager at Steel Frame Solutions; Justin Thompson of Workplace Extensions; and Nicholas Aldridge, who is the biological father of Oscar.
63Mr Thomas describes you as someone with professionalism, integrity and a strong work ethic. Mr Meade says that you are genuine, loyal and dependable, and a good stepfather to Oscar. Mr Jinette did not appear to be aware of these proceedings but at the time of his letter dated 19 July 2024, you had been working with him for about two months and you were described as honest and a hardworking team member. Whilst each referee has known you in a different way, each is able to reflect positively on the person that they have come to know.
64You have written your own letter to the Court. Whilst such correspondence tends to be self-serving, you do express insight into who you once were and the man you have now become and wish to remain.
65Your prospects of rehabilitation would appear to be positive. There presently seems to be little need to afford great weight to the principles of specific deterrence or protection of the community.
CHRISTOPHER FIELD
66Mr Field, you are now 42 years of age.
67In what has been made known to me, yours would appear to be a particularly difficult upbringing, even from the earliest stage as each of your parents were users of heroin leading to you having to withdraw from heroin at the time of your birth.
68You have had no meaningful or positive relationship with either of your parents as your mother has been in and out of gaol and your father was accurately described by your counsel as predatory. You have not had contact with him for over
20 years.69You were fostered to a maternal aunt and uncle but that was a household of violence, and you ran away at 11 years. You lived with your grandparents for some time before being returned to your mother's care which was not a nurturing environment.
70Your home life was chaotic, involved poverty, exposure to violence, other forms of extreme and severe abuse which have been made known to me, and a lack of stability. From a young age, you also had a carer's role in relation to a younger sister.
71Your education was understandably impacted but, to your credit, you did manage to achieve a Year 10 education.
72Perhaps not surprisingly, you began using illicit substances from an early age but the overuse of alcohol has been your more significant problem.
73I do accept that your background does allow for some application of the Bugmy principles[2] and is capable of mitigating your moral culpability for your actions in July of 2022.
[2] Bugmy v The Queen [2013] HCA 37, (‘Bugmy’).
74You have managed to maintain employment in a variety of areas which include as a railway fettler, pick packer, machine operator and storeman.
75You were married for five years to Chantelle with whom you have a child named Kyton aged approximately four years. You have a two-year-old daughter, Indy, from a subsequent relationship with Emily. You are no longer in either of those relationships.
76When your relationship with Chantelle broke down in 2021, you found comfort in associating with the Nomads Motorcycle Club.
77As I commented earlier, your role in the offending in July of 2022 was particularly violent given your use of the sledgehammer but I accept, as I have already commented, that you each bear responsibility for the actions of the other in terms of that actual offence. In terms of your prior criminal history, you have multiple appearances in Queensland between 2001 and 2006 for offences which range from breach of bail, drink driving, assault and wounding. You appear to have received eight months of periodic detention from the Burwood Local Court on
17 July 2007 for a charge described as 'maliciously inflict grievous bodily harm'.78In Victoria, you received an adjourned undertaking from the Dandenong Magistrates' Court on 24 March 2015 for a charge of driving whilst suspended. On 31 March 2022, the Ballarat Magistrates' Court placed you on a Community Correction Order of 12 months duration for offences of affray, assault Police, hinder Police and state false name when requested. This again would be offending of violence in a context of more than one person being present. You would have been subject to this Order at the time of your offending in July of 2022, which is an aggravating feature to that offending.
79Subsequently, you were sentenced to six months' imprisonment and a two-year Community Correction Order by the Ballarat Magistrates Court on 2 November 2023 following a domestic violence incident with Emily, and thus indicating another event during which you were unable to control your anger and resorted to violence. This is of obvious concern.
80You have not spent any time on remand as a result of your arrest for the injury to Mr Watts but I accept that the sentence of six months' imprisonment imposed by the Ballarat Magistrates' Court in November of 2023 would have been a stark demonstration to you of where your life was otherwise heading.
Prospects of rehabilitation
81A report from Gina Cidoni, psychologist, dated 18 October 2023 sets out much of your personal circumstances and provides foundation for what I have already stated in relation to the application of the Bugmy principles. At the time of her assessment of you, Ms Cidoni diagnosed you with Post Traumatic Stress Disorder, Generalized Anxiety Disorder, Major Depressive Disorder and Avoidant and Borderline traits.
82You would appear to have done considerable work in relation to your mental health and overall wellbeing since then, increasing your future prospects.
83A report from Ballarat Community Health dated 4 October 2024 detailed that as of March of 2024, you were couch surfing with friends, with no identified professional supports. You were employed working afternoon shifts in Castlemaine. You were, and still are, subject to the Community Correction Order she referenced as resulting from allegations of family violence in relation to Emily and your then four-month-old child. You engaged well with what appears to have been a mandated episode of treatment. At the time of that report, you had enrolled in a Certificate in Mental Health and Alcohol and Drug Services. You are said to have an understanding of how you struggle with your emotional regulation and demonstrated a preparedness to do the hard work to implement change.
84You have completed a Men's Behavioural Change Program which should assist you to manage your romantic relationships and your responses and reactions to relationships during times of stress. A letter from Harald Riedal dated 6 May 2025 confirms work that he did with you in that program and as a psychotherapist after completing that program. He describes you as having genuine engagement and with a desire to continue to gain assistance.
85An email to your solicitor dated 1 May 2025 from Nicole McKenzie of South Morang Community Correctional Services confirms your compliance with the Correction Order imposed by the Magistrates' Court. You appear not to have skipped a beat in relation to that Order.
86You have had no further offending since the incident with Emily which I understand occurred in September of 2023.
87Ms Janet Crabtree, Trainer and Assessor with Genu Training, confirms that you are undertaking a Certificate IV in Community Services and in Alcohol and Other Drugs. You are on track to complete these certificates by November of this year. You are described as an active and committed student. I accept that you have done this with the aim of helping yourself to improve but also with the aim of ultimately being able to help others.
88You are currently employed with Graincore in a processing factory in Footscray
89I have had regard to all character references and material tendered on your behalf.
90Tammy Cranston has known you for 10 years and observes that you have shown strength and commitment to turning your life around. She describes you as thoughtful, loyal and kind-hearted and says you are remorseful for your past actions. Anthony Webb describes you in similar terms.
91A letter from Mark Desira, your current supervisor, confirms that you have full time employment. He says you are diligent, reliable and hard working. He is aware of your offending and says that you are remorseful.
92Erin Davidson is your current partner and has been so for the last 16 months. She describes you as being honest about your background and that you are polite and respectful. Ms Davidson says she has seen you strive to improve yourself and to assist her in the care of her young child. She says you have disconnected from negative peers and strive for a simple and peaceful life. I accept the relationship you have found with Ms Davidson is positive and is a motivator for your future without further involvement in the criminal justice system.
93You had a number of friends and family present for your further plea hearing and Ms Davidson herself was also present.
94You have ceased using drugs and have cut ties with the Nomads Outlaw Motorcycle Group.
95You have also written a letter of apology to the Court. As I have already commented, such documents tend to be self-serving, but you do outline your willingness to take responsibility for your actions plus what I see as a genuine desire for a positive way of life.
96You also appear to be a person keen to put the past behind you and have a more positive future. I accept that you are well motivated to do so and that your current prospects would presently appear to be good.
97In your case, the sentencing principles of specific deterrence and protection of the community also carry less weight in the sentencing task
RICKY BINKS
98You are currently aged 33 years.
99You were born in Melbourne with your parents separating when you were around three years of age. Each of your parents re-partnered and you resided with your mother and her partner. It was an environment in which you suffered both physical and sexual abuse. You briefly moved in with your father when you were 16 years of age but this was fraught. Your father was also physically abusive and you have had no meaningful contact with him since you were 17 years of age. I accept that this background has stayed with you and played its role in the man you were to become.
100You have an older brother and younger sister but do not otherwise have a close relationship with either.
101You were bullied at school and struggled academically. You moved schools frequently which impacted on your education. You were diagnosed with ADHD and dyslexia, which could not have helped with your education. You left school in Year 10 and your family home around the same time.
102You had already commenced using drugs by that stage. You started using cannabis at 12 years of age and alcohol at 13. Whilst you ceased using cannabis in your teenage years, you were a regular user of cocaine and methamphetamine up until about eight months ago when your daughter was born. You have also been a heavy user of alcohol and are currently trying to reduce your usage.
103On leaving school, you were homeless for a considerable period of time but did manage to find employment in bricklaying and manual labour. You managed to set up your own concreting business in 2018 but more recently were employed in concreting as a foreman.
104Your methamphetamine use commenced when you were around 19 years of age and was your conduit to forming connections with a variety of Outlaw Motorcycle Gangs. You joined the Nomads in mid-2021, coincidentally in the context of the demise of an intimate relationship. Like your co-accused, your actions were born from this affiliation and the lifestyle you were leading at the time. Whilst your counsel contends there is relevance in you pushing Mr Field from the victim and holding Mr Hamze back at one point, you are equally responsible and are attributed with other acts that demonstrate that. It was you that was responsible for taking others to the private residence of Mr Watts which appears to have played some role in his decision to attend the clubhouse on 28 July 2022. As outlined, you were responsible for cleaning up in the aftermath of the assault upon Mr Watts.
105Your criminal history is probably the most concerning of the six of you that I have dealt with so far. On 22 September 2011, you received a Community Correction Order in the County Court of two years duration for two charges of armed robbery. You contravened this Order and on 8 February 2013 the County Court varied the original Order by imposing further Orders. On 14 February 2014, you were again dealt with for contravention of this Community Correction Order. Each Order was cancelled and you were convicted and sentenced to one months' imprisonment
106On 29 August 2013, you appeared at the Ringwood Magistrates' Court for a range of offences which included driving offences, dishonesty, drug offences and breaches of court orders. You were sentenced to five months' imprisonment of which four months was suspended for 12 months and you were also fined $1,850. In default of the payment of this fine, you received 13 days' imprisonment from the Melbourne Magistrates' Court on 23 April 2014. You also contravened the suspended sentence and on 14 October 2016 the Ringwood Magistrates' Court sentenced you to four months' imprisonment. On that same date, you received four months' imprisonment for a range of driving offences.
107You appealed this decision and on 9 June 2017 the County Court allowed your appeal and you received a Community Correction Order of 12 months duration.
108You contravened that Order and on 16 May 2019 the County Court placed you on an adjourned undertaking for a period of 12 months with a requirement that you complete a Road Trauma Awareness Program.
109On 1 March 2022, you were placed on a Community Correction Order by the Latrobe Valley Magistrates' Court for a charge of unlicensed driving. You would have been subject to this Order at the time of your offending against Jesse Watts, which is an aggravating feature to that offending.
110Like the others, you are not to be punished for your criminal history a second time, but it is relevant to the weight to attach in your sentencing to the principles of general deterrence, denunciation and protection of the community. Your prior history does have offences of violence and demonstrates difficulty complying with Court orders. I acknowledge that you have no offending since July of 2022. This fact and your prior history also provide a mechanism to assess your prospects for rehabilitation to which I now turn.
Prospects for rehabilitation
111As a direct consequence of your offending, you spent 30 days on remand. I accept that this is likely to have had a degree of sanction and deterrence.
112A report authored by Ms Sandra Cokorilo, psychologist, dated 7 June 2025 sets out much of your personal circumstances. On testing, she found that you presented with Major Depressive Disorder and Generalised Anxiety Disorder and that you had borderline personality traits. You also had a Stimulant Use Disorder and Post Traumatic Stress Disorder. These cause you difficulty with emotional regulation and poor behavioural control such that minor stressors can trigger disproportionate responses. This seems to somewhat explain your offending but also to be in conflict with her assessment that you present with low risk of generalised or violent offending, particularly in the context of only relatively recent abstinence from drug use
113I do not see a causal link in your diagnosis to your offending. You were using drugs and alcohol to excess at the time by your own admission, and there was animus towards Mr Watts - not assisted by him attending the clubhouse and pouring petrol on your vehicle. I do take into account in a general sense Ms Cokorilo's concern for your mental state, particularly should you be incarcerated. She sees genuine merit in you having ongoing lengthy psychological assistance and I encourage you to do this.
114You have recently commenced attending on Positive Psychology in relation to your ankle injury and a letter tendered would indicate you have attended two sessions to date. This would at least indicate some maturity in you being prepared to get help where it is needed.
115You no longer associate with Outlaw Motorcycle Gangs or the Nomads and no longer using drugs but as has been described to me, this abstinence is relevantly recent in time and closely linked to the birth of your child.
116You sustained a serious ankle injury in July of 2024 and have recently undergone surgery. You have been unable to work since this injury. You face a sustained period of recovery and have appropriate interventions in place including psychological assistance as well as physiotherapy and hydrotherapy. In addition, you suffer from asthma, have had pericarditis and pancreatitis. These conditions have encouraged you towards a quieter lifestyle.
117You are currently prescribed a range of medications, including antidepressants which you say are assisting you to manage your mood and emotions.
118In the last four years, you have regained a positive relationship with your mother.
119You are in a relationship with Corrinne Kerr and reside in Cranbourne. You are about to be married, and you are a father of an eight-month-old daughter called Amira as well as a stepfather to a six-year-old and a nine-year-old boy. You and your partner are also currently responsible for the full-time care of her younger brother. This is a relationship which has seen you take on a lot of responsibility in a short period of time. You have found the parental role to be one which is important to you and one in which you find joy.
120Ms Kerr has provided a reference. She details the journey your relationship has taken and the stressors you have already faced as both a couple and as a family. She speaks highly of you as a partner and as a father.
121I accept that you are well supported by your domestic arrangement and your relationship with your mother and other friends. I accept that your current situation is one that is very important to you and one which you do not want to jeopardise. This also augers well for your future despite the regularity of your court appearances.
122You are making efforts to reform, some of which are in their infancy. Your prospects for rehabilitation would appear less positive than that of Mr Wangman and Mr Field, but I accept you are highly motivated and there is a basis for cautious optimism.
SENTENCING SUBMISSIONS
123In relation to each of you, the Crown contends that all relevant sentencing considerations can only be reflected in the imposition of a head sentence and
non-parole period.124As referred to earlier, on 15 Aprill 2025 I sentenced your co-offenders Mr Frood‑Marich, Mr Hamze and Mr Tufuga. Each was charged with intentionally causing injury to Mr Watts, as are you. Mr Tufuga had an additional charge of failing to comply with an order to provide information or assistance. With some variation, each received a Community Correction Order and some degree of financial penalty. It is in the context of that outcome that your Counsel made their submissions.
125The parity principle demands that any sentence imposed reflects differences in the culpability and personal circumstances of co-offenders and avoids unjustifiable differences in co-offender sentences
126For you, Mr Wangman, your counsel contends that the imposition of a Community Correction Order more appropriately reflects relevant sentencing considerations and that you should not be required to serve any term of imprisonment in excess of your pre-sentence detention.
127Your counsel, Mr Field, concedes that with your history of violence there is some justification for a measure of disparity but submits that a Community Correction Order would still reflect all relevant sentencing considerations, particularly in light of your concerted efforts to rehabilitate. I do accept that your prior history for violence does have some impact.
128Your counsel, Mr Binks, also submits that a Community Corrections Order reflects all relevant sentencing considerations. In my view, your prior history also has some impact on your sentencing, as have my comments in relation to your rehabilitation and the continued need to protect the community.
129In order to be better informed, I have had each of you assessed as to your suitability for a Community Correction Order. A report from the Mental Health Advice and Response Service was also requested in relation to each of you and I have had access to all of those assessments.
130You are all assessed as suitable for a Community Correction Order.
131In my view, there is punishment and deterrence in such an order relating to the length of an order and the requirements of such an Order and as to whether any financial penalty attaches. It is not lost on me either that you, Mr Binks, had a period on remand and I have commented on that.
132Now I am just checking with each of you whether there are any factual errors or matters you need to bring to my attention?
133COUNSEL: No, Your Honour.
134HER HONOUR: A global no, thank you, all right.
Sentencing
135The basic purposes for which a court may impose a sentence include punishment, general and specific deterrence, rehabilitation, denunciation and protection of the community. In sentencing each of you, I must have regard to a range of matters, such as the seriousness of the offending, your culpability for it, your personal circumstances and those of your victim.
136I must also balance the interest of community in denouncing criminal conduct with the interest the community clearly has in seeking to ensure, where possible, that offenders are rehabilitated and safely reintegrated into society.
137I have taken into account the sentencing guidelines referred to in s5 of the Sentencing Act1991 where relevant to your respective cases. I have taken into account current sentencing practices for the offence or offences to which you have pleaded guilty and the principles of totality and proportionality. As I have already commented, parity is significant in the sentencing exercise for the three of you.
138Courts do have more discretion, in terms of choosing a sentencing disposition, which does enable all the purposes of punishment to be served simultaneously, in a coherent and balanced way, in preference to the option of imprisonment which is naturally skewed towards retribution and deterrence, factors which have less weight in the overall sentencing mix for each of you.
139I have been reminded of s5(4) of the Sentencing Act 1991 which reinforces that a court must not impose a sentence that involves the confinement of the offender unless it considers that the purposes or purpose for which the sentence is imposed cannot be achieved by a sentence that does not involve the confinement of the offender.
140For each of you, it does not seem to be in your or the community's interest that you be returned in any way to the custodial setting at this stage.
141Reece Wangman, on the single charge of causing injury intentionally, you are convicted and placed on a Community Correction Order for a period of two years, during which you are to perform 300 hours of community work. I will include the recommended condition for treatment for your mental health and offset 50 hours of treatment against the community work component. You are to be supervised by Corrections Victoria. This is in combination with a fine in the amount of $2,000. On the charge of failing to comply with an order to provide information or assistance, you are convicted and fined the amount of $1,500.
142Section 6AAA of the Sentencing Act 1991 requires me to state the sentence I would have imposed had you not pleaded guilty to the charges. This is somewhat artificial in the context of parity, but if not for your plea of guilty you would have received a Community Correction Order of three years and six months’ duration plus an increased financial penalty than that was imposed today.
143Christopher Field, on the single charge of causing injury intentionally, you are convicted and placed on a Community Correction Order for a period of two years and four months’ duration, during which you are to perform 300 hours of community work. I will include the recommended conditions for mental health treatment and programs to reduce offending including a referral to the Forensic Intervention Services Branch. 100 hours of treatment can be offset against the community component. You are also to be supervised by Corrections Victoria. This is in combination with a fine in the amount of $2,500. This determination does take into account the fact that you are still subject to a Correction Order imposed by the Magistrates' Court. Totality had a role to play.
144In terms of the s6AAA declaration, if not for your plea of guilty, again artificial because of the weight that I have attached to parity, you would have received a Community Correction Order of three years and eight months’ duration plus an increased financial penalty than that that was imposed today.
145Ricky Binks, on Charge 1, that of intentionally cause injury, you are convicted and placed on a Community Correction Order for a period of two years and six months, during which you are to perform 300 hours of community work and to be supervised by the Office of Corrections. This is in combination with a fine in the amount of $2,000. Based on the recommendations from Corrections Victoria, the Community Correction Order will include supervision and a referral for mental health treatment. 50 hours of treatment will be offset against the community work component.
146In terms of the s6AAA declaration, if not for your plea of guilty you would have received a Community Correction Order of four years plus an increased financial penalty than that was imposed today.
147For each of you, in addition to the conditions that I have imposed, there are standard conditions. The first and foremost of those is that you must not commit any other offences punishable by imprisonment during the orders which have been imposed. You must report within two working days to your nearest Corrections Office. You must advise your Corrections Office of any change of address of where you are living or working and must do so within two clear working days. It is a term of all Correction Orders that you must submit to visits as directed and obey all instructions and directions of a Corrections officer. You are not able to leave the State of Victoria without the prior permission of your Corrections office.
148In my view, this Order presents each of you with a chance to continue to change your life in a positive fashion as you have demonstrated, should you choose to take up that opportunity. I reinforce that each Order can be breached if you do not comply with the terms of conditions or if you reoffend whilst it is in place by an offence punishable by imprisonment. If you do, it is likely you will have to re-appear before me for a charge of contravening the Order and I may be required to resentence you on the charge or charges that I imposed the Correction Order for.
149Now I cannot place any of you on those Orders unless you agree to be placed on those Orders. I will stand down temporarily for you to confer with your Counsel.
150(Short adjournment.)
151MS SHARPLEY: Mr Binks will be consenting to the order.
152MR McGARVIE: Mr Field also, Your Honour.
153MR BACKWELL: Likewise Mr Wangman.
154HER HONOUR: All right. Thank you. In the nicest possible way, gentlemen, I don't want to see you again.
155Thank you to Counsel for their assistance. That includes you of course Mr Nibbs, who has been here through the duration.
156MR NIBBS: Your Honour, the one thing I would ask is if we can get a copy of your revised reasons when they are available please.
157HER HONOUR: Yes, should be available within seven days.
158MR NIBBS: Yes, Your Honour.
159HER HONOUR: Thank you very much.
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