Director of Public Prosecutions v Finn

[2016] VCC 1061

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR 15-01452

DIRECTOR OF PUBLIC PROSECUTIONS

v

STEVEN FINN

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JUDGE:	HIS HONOUR JUDGE CHETTLE
WHERE HELD:	Melbourne
DATE OF HEARING:	14 June, 15 June, 16 June, 14 July, 21 July 2016
DATE OF SENTENCE:	25 July 2016
CASE MAY BE CITED AS:	DPP v Finn
MEDIUM NEUTRAL CITATION:	[2016] VCC 1061

REASONS FOR SENTENCE
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Subject:
Catchwords:  Common law assault, trespass
Legislation Cited:
Cases Cited:
Sentence:

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms R. Harper	Office of Public Prosecutions
For the Accused	Mr P. Allen	Stary Norton & Halphen

HIS HONOUR: 

1Steven Finn, you have pleaded guilty to one charge of common law assault and one summary offence of trespass.

2The facts of your offending are set out in Exhibit A, the prosecution opening and I incorporate that document into these reasons for sentence and I sentence you on the basis of the facts set out therein.

3Very briefly stated, on 23 October 2014, you attended at the home in Ringwood East of a woman with whom you have been in a troubled relationship.  You entered her house through a rear sliding door without her permission.  You confronted her and pushed her over.  When she tried to ring the police, you grabbed her and again pushed her to the ground.  You followed her into a bedroom, grabbed her wrist, shook her and pushed her against a window then against the edge of the bed.  She managed to escape you and the police were called by both her and you.

4Your victim sustained bruising and swelling and soreness to her arms.  No victim impact statement was provided by her although I was told she was given the opportunity to prepare one if she wished.

5You have admitted a prior criminal history.  On 23 August 1993, you were fined $500 for the offences of unlawful assault, assault by kicking and wilful damage.  At Ringwood Magistrates' Court on 20 August 2012, you received an adjourned bond for criminal damage and unlawful assault.  Again at Ringwood on 13 March 2013, you were before that court for breaching a family violence intervention order, intentionally damage property, assault and failing to answer bail.  Again you were fined $500, an aggregate figure.  On 16 August 2013, again you were before Ringwood Magistrates' Court on one charge of breaching a family violence intervention order and fined $300.  Those three Ringwood convictions in 2012 and 2013 all relate to the same victim and the victim of the offending for which I am to sentence you.

6You are now 53 years of age, being born on 25 August 1962.  Your personal history is set out in Exhibit 1, the written submissions of your counsel.  You had an unexceptional and indeed commendable and decent life until your 1993 conviction at the age of 31.  Thereafter, you became a full-time carer for your wife who suffered serious illnesses.  In 1997, you were involved in a serious motor vehicle collision and suffered closed head injuries and fractures.  You have since suffered mobility issues.  You have also struggled with anxiety and depression after your wife's unfortunate death in 2010 and your psychological issues significantly intensified thereafter.

7The report of Dr Cartwright briefly outlines these issues and I refer to Exhibit 2.  You have been suicidal at times.

8After the death of your wife, you met the victim of your current offending and your psychological issues strained that relationship.  An intervention order was obtained and despite your occasional breach of this order, your relationship or friendship continued thereafter.  Your counsel properly accepted that the offending that I am to sentence you for is serious, particularly given your prior criminal history. 

9There are however several mitigatory factors.  The intervention order has lapsed and the injuries sustained were minor.  You have pleaded guilty, accepting responsibility for your conduct, and you are entitled to and shall receive a reduction to the sentence I would otherwise impose to reflect those pleas of guilty.  I will turn to the effect of that reduction subsequently.

10Your character and background up to the death of your wife are to your credit.  Your psychological issues are also clearly relevant to the sentencing process in this case.  It is in the interests of both you and the community that you be given assistance with these issues.  If you are given help, your prospects for rehabilitation are enhanced and the likelihood of reoffending reduced. 

11The prosecution correctly pointed to the concerns as to the escalating nature of your offending and the need to give proper acknowledgement to the principles of general and specific deterrence.  Domestic violence such as you committed cannot be condoned and the sentences must deter offenders from behaving as you did.  Properly, the prosecution acknowledged that a community corrections order was within range for your offending. 

12I am of the view that the purposes of sentencing can be properly achieved by a community corrections order and that a term of imprisonment is not required to be imposed in this case.  This is particularly so given that you have already served 16 days in custody.  It is clear from the decision of the Court of Appeal in Boulton that such an order is both punitive and rehabilitative and it is appropriate in many different types of cases.  There are issues as far as you are concerned with you carrying out community work because of your illness and I propose to further punish you by imposing a fine in addition to a community corrections order.  I have had you assessed for suitability for such a community corrections order and although there was initially some reservation in that regard, you have now been found suitable.

13Would you stand up please.

14On both charges you are convicted and you are sentenced to be released on a community corrections order for a term of 18 months.  There will be a special condition of that community corrections order that you undergo treatment and rehabilitation in relation to mental health, treatment and rehabilitation in relation to programs to reduce offending and you be under supervision.  In addition, you will be fined the sum of $2500.  I will make an order that you pay that fine by instalments of $200 a month, first payment in one month's time.  That will be 25 August.

15Pursuant to s.6AAA, I indicate that but for your pleas of guilty, I would have imposed a combination of a term of imprisonment for six months and a community corrections order. I have made an order under s.464ZF of the Crimes Act for the provision of a sample and I warn you that the authorities are entitled to use reasonable force to obtain that sample so it is in your interests to cooperate.

16Finally you need to understand if you reoffend or otherwise breach the order that I have just imposed, you will be brought back before this court and resentenced in relation to this offending, and it would seem to me that if that occurred you would almost inevitably be going to prison. 

17They will be making steps to transfer you to Queensland so you can complete the rehabilitation part of this process in Queensland, and you will have to make payments of the fine in the way I indicated to the registrar of this court each month.

18Are there any orders required?

19MS HARPER:  No, Your Honour.

20MR ALLEN:  No, Your Honour.

21HIS HONOUR:  All right.  Come forward and have a seat behind your counsel.

22(Community corrections order signed and acknowledged.)

23All right.  We'll get a copy of that to give you and I'll just stand down while we turn over for the new matter at 10 o'clock.

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