Director of Public Prosecutions v Francis, Karen
[2012] VCC 1652
•19 October 2012
| IN THE COUNTY COURT OF VICTORIA | Revised Not Restricted Suitable for Publication |
AT LATROBE VALLEY
CRIMINAL DIVISION
Case No. CR-12-01284
CR-12-01285
CR-12-01286
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| KAREN FRANCIS WILLIAM MESZAROS BIANCA O'MEAGHER |
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JUDGE: | HIS HONOUR JUDGE MASON | |
WHERE HELD: | Latrobe Valley | |
DATE OF HEARING: | 16 October 2012 | |
DATE OF SENTENCE: | 19 October 2012 | |
CASE MAY BE CITED AS: | DPP v Francis, Karen; Meszaros, William & O’Meagher, Bianca | |
MEDIUM NEUTRAL CITATION: | [2019] VCC 1652 | |
REASONS FOR SENTENCE
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Catchwords: Plea – sentencing – false imprisonment – robbery – intentionally cause injury
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APPEARANCES: | Counsel | Solicitors |
| For the Crown | Mr T.S. Lynch | Office of Public Prosecutions |
| For Accused Francis For Accused Meszaros For Accused O'Meagher at hearing For Accused O'Meagher at sentence | Mr S. Kenny Ms A. Wiseman Mr I. Polak Mr T. Fleming | Victoria Legal Aid Ann Wiseman & Associates Dowling McGregor |
HIS HONOUR:
1 Ms Francis, Mr Meszaros, and Ms O'Meagher, just remain seated, if you would, until I ask you to stand.
2 You have each pleaded guilty to one charge of false imprisonment, one charge of robbery and one charge of intentionally cause injury.
3 False imprisonment carries a maximum penalty of 10 years' imprisonment, robbery carries a maximum penalty of 15 years' imprisonment and intentionally cause injury carries a maximum penalty of 10 years' imprisonment.
4 The circumstances of your offending are as follows.
5
The victim is 36 years of age and currently resides in the Wonthaggi area with her de facto partner and two children. The victim suffers a mild intellectual disability and is the recipient of a disability pension. She was previously a friend of yours, Ms Francis, and an acquaintance of both of you,
Ms O'Meagher and Mr Meszaros. You two are de facto partners.
6 In summary, at approximately 6 pm on Monday 26 September 2011, the three of you lured the victim to the Cameron Street Reserve in Wonthaggi where you assaulted and humiliated her by punching, head-butting and kicking her, stripping her naked, robbing her of her clothing, forcing her into your car and driving her to a remote location in Harmers Haven where she was dumped naked from the car with no option other than to walk to a nearby house for help.
7 You subsequently all agreed to plead guilty to one charge each of false imprisonment, robbery and intentionally cause injury to the victim.
8
The details of the offending are as follows.
9 In the weeks prior to the offending the victim sent a text message by mistake to Matt Hammer, who at the time was your partner, Ms Francis. The message was of a personal nature and the intended recipient was the victim's partner, Darren Peacock.
10 Mr Hammer is the brother of the victim's close friend and housemate and is also a friend of Mr Peacock. Mr Hammer omitted to delete this message from his mobile telephone and it was later seen by you, Ms Francis. Mr Hammer attempted to explain to you that the message had been sent to him by mistake and it had been meant for Mr Peacock, but you did not believe him.
11 On the afternoon of 26 September 2011 the three of you and Mr Hammer were at 49 Billson Street, Wonthaggi celebrating the birthday of Ms Francis' daughter. Both Ms Francis and Ms O'Meagher were consuming alcohol and talking about the victim.
12 You, Ms Francis, commenced sending text messages to the victim using Mr Hammer's mobile phone without his knowledge and purporting to be him. You then arranged to meet the victim at the Cameron Street Reserve. The victim then left home and walked to the reserve, believing she was going to meet Mr Hammer.
13 You three then left Billson Street with you, Mr Meszaros, driving your car. You drove to the Cameron Street Reserve and met the victim.
14 On arrival at the reserve you, Ms Francis, approached the victim, grabbed her by the hair and threw her to the ground, sat on top of her and began head-butting her in the face, calling her slut and a dog.
15 You, Ms O'Meagher, kicked the victim to the hip area and began stripping her naked while Ms Francis held her down.
16 You, Mr Meszaros, did not participate in the assault but you stood by watching.
17 You, Ms O'Meagher, then dragged the victim by the hair to the car and forced her into the front passenger side footwell. You then sat in the front passenger seat, Ms Francis sat in the rear seat and Mr Meszaros sat in the driver's seat and drove out of the reserve.
18 The victim's nose at this time was bleeding, and as she tried to put her head up, she was struck in the face by you, Ms O'Meagher, and told to keep her head down.
19 A short time later Mr Meszaros stopped the vehicle in a remote location in Harmers Haven. Ms O'Meagher dragged the victim out of the vehicle by her hair, at which time she was punched in the face again by you, Ms Francis, causing her to fall to the ground. You then said to the victim, "Don't go to the coppers or you'll cop it worse next time slut."
20 You two then returned to the vehicle, at which time the victim saw the reverse lights come on and, fearing that you might be intending to run over her, got up, ran to a clump of trees and hid.
21 You three then drove away, leaving the victim naked and stranded in Harmers Haven with no idea where she was.
22 The victim walked a short distance down a dirt road before locating a house with lights on. She then knocked on the door of the house asking for help. The occupant of the house gave her a blanket to cover herself and notified police and ambulance, who both attended. The victim was conveyed to the Bass Coast Regional Hospital.
23 As a result of the assaults, the victim sustained a broken nose, cuts, bruising and swelling to the face and forehead, significant bruising to her hip area and general soreness and pain to her body.
24 At approximately 11.30 pm on 26 September 2011 you, Mr Meszaros, and you, Ms O'Meagher, were arrested by police at your home at 60 Billson Street, Wonthaggi. At approximately 11.40 pm you, Ms Francis, were arrested at your home at 49 Billson Street, Wonthaggi.
25 On 27 September 2011 investigators executed a search warrant issued pursuant to s.465 of the Crimes Act at 60 Billson Street, Wonthaggi, at which time the motor vehicle, registration number UJW 510, belonging to Mr Meszaros and Ms O'Meagher, was seized. Subsequent forensic analysis of this vehicle identified bloodstains in and around the front passenger side footwell of the vehicle. Further hair fibre samples were located in this area of the vehicle.
26
On 27 September 2011 investigators executed a search warrant at 49 Billson Street, Wonthaggi, at which time bloodstained clothing belonging to you,
Ms Francis, was located.
27
On 27 September 2011 a recorded interview was conducted with you,
Ms Francis, during which you made admissions as to meeting the victim at the reserve and punching her a couple of times.
28 You denied being in company with Mr Meszaros or Ms O'Meagher.
29 You denied stripping the victim naked and dumping her in Harmers Haven.
30 You denied stealing the victim's clothing.
31
On 27 September a recorded interview was conducted with you,
Mr Meszaros. During the course of this interview you exercised your right to make a "no comment" response to the allegations other than to admit using your motor vehicle on the evening of 26 September 2011.
32
Again, on 27 September a recorded interview was conducted with you,
Ms O'Meagher. During the course of this interview you exercised your right to make a "no comment" response to the allegations.
33 Forensic analysis of blood and hair samples located in Mr Meszaros' motor vehicle and bloodstained clothing located in Ms Francis' bedroom were not completed, as all of you subsequently agreed to plead guilty to appropriate charges.
34 I now turn to your personal circumstances.
35 Ms Francis, you are now aged 28, having been born on 15 January 1984. At the time of the offending you were aged 27.
36 You have a criminal history dating from the year 2000, when at the age of 16 you were sentenced, presumably in the Children's Court, for theft, burglary, driving and other violent offences which resulted on appeal to the County Court in March 2000 to a Youth Attendance Order for six months. On your breach of this order you were ordered by the County Court in September 2000 to be detained in a Youth Training Centre for two months. From March 2001 until July 2011 you have appeared six times in various Magistrates' Courts for numerous offences including an offence for violence. Your last appeal to the County Court as to a three-months gaol term imposed by the Dandenong Magistrates' Court in July 2011 was unsuccessful and you subsequently served three months in custody - after committing these current offences.
37 You have experienced a difficult early life with your father being a violent alcoholic and you experiencing some sexual abuse. Your parents divorced when you were 13 and you moved back and forth between your parents' homes until you moved in with a friend at the age of 15 or 16. You found school difficult and were expelled and suspended regularly. You completed only until halfway through Year 8.
38 At age 17 you met a man named Jason, who became the father of most of your seven children, now aged between 10 years and 3½ months. The relationship was tempestuous with frequent separations. You separated finally over a year ago. Your mother and Jason care for the children because of Department of Human Services intervention.
39 You have a longstanding history of illicit drug use, commencing with marijuana and progressing to heroin and amphetamines. You have recently, and at the time of these offences, tended more towards alcohol to cope with your anger and stress.
40 A report was tendered from Dr Lola Tsiaras, clinical and forensic psychologist. Dr Tsiaras concluded that whilst you have strong personality traits consistent with borderline personality disorder, she was hesitant to formally diagnose that as a current condition. Dr Tsiaras did find that you suffer from clinical depression with drug and alcohol dependence together with some indication that you are traumatised from past childhood experience. Your risk of relapse into drug use is fairly high. From a clinical point of view, Dr Tsiaras recommends neuropsychological, psychological and psychiatric intervention.
41 On the day of this incident you had been drinking heavily and had become very drunk. Your anger with the victim arose because you believed she had had a sexual liaison with your current partner, Mr Hammer, and you wanted to dissuade her further interest by giving her "a smack on the mouth." The final events took place spontaneously.
42 Notwithstanding the fact that you were still intoxicated at the time you made your record of interview with police, you participated in the inquiry and gave a mixed account of the circumstances. Essentially you made significant admissions. Your attitude and anger at the time to the victim is vividly expressed. Your counsel, on your behalf, has stated that you now feel ashamed and realise the victim must have been terrified.
43
In late 2011 you served three months' imprisonment for road safety offences. Whilst in custody, you voluntarily participated in a range of rehabilitative programs. Upon your release you also attended some consultation for drug and alcohol assistance with Bass Coast Community Health Services.
44 In mitigation I accept that you made significant admissions in your police interview and you pleaded guilty at an early stage. You have taken voluntary steps towards dealing with your substance abuse problem. Because of the circumstances of your role in this offending, in particular your extreme reaction to the text, the facts of your past personal history, your background trauma and the report of Dr Tsiaras, I am prepared to accept the submissions of your counsel as to the applicability of the Verdins principles. Whilst it is possible that your reaction may have simply been the result of anger in the context of drunkenness, in my view that condition is very likely informed by your underlying mental health issues. The sentence I would otherwise have imposed will be sensibly moderated.
45 Mr Meszaros, you are now aged 29, having been born on 8 September 1983. At the time of the offending you were aged 28.
46 Your criminal history dates from the year 2003, when you were sentenced to a community-based order in the Ringwood Magistrates' Court for burglary and theft offences. You have subsequently appeared at Magistrates' Courts on four more occasions, mostly for assault and driving offences. On the last occasion, 31 March 2011, you were sentenced to one month's imprisonment wholly suspended for a period of 12 months. This current offending breaches that suspended sentence.
47 You also had a difficult childhood, the full particulars of which are set out in the report of John Redman, clinical psychologist.
48 Your parents separated when you were 3, and at 12 you were placed in foster care. In 1999 you returned to live with your father but eventually left home after you finished Year 10 at school. You commenced a cooking apprenticeship but unfortunately developed a drug addiction to heroin. This led to offending. You left the apprenticeship in 2003. You subsequently completed a four-year apprenticeship as a plumber and have set up your own business which, when working, has netted you $65,000 per annum.
49 You met your current co-offender Bianca in 2003 and with her have three children now aged seven, five and four. The relationship has been turbulent and has involved periods of separation, and the two of you finally separated some four months after the current incident.
50 You have explained your participation as being motivated by a desire to protect the public and your co-offender from driving whilst drunk. You were not intoxicated at the time and no longer have a drug or alcohol problem.
51 The psychologist, Mr Redman, reports that you present with a need for anger regulation and that you are willing to have therapy for your tendency to be impulsive. Mr Redman also records that you have expressed deep remorse and annoyance for your part in this offending.
52 I do not accept that your explanation made to Mr Redman that you did not foresee the attack on the victim, or that you would not have condoned it if you realised it was about to happen. Your conduct in observing the initial attack on the victim, her being dragged by the hair into your car, your driving to Harmers Haven, the continuing assaults in the car, your further observation of the continuing assault at Harmers Haven, including the stripping naked of the victim and your conduct in driving away, in the process taking the victim's clothes with you, makes your explanation completely untenable. Furthermore, you disclosed to Mr Redman that you were aware of a telephone call from Karen Francis asking you to come because she needed you to "smash the victim."
53 In mitigation, I accept that you pleaded guilty at an early stage, you have shown a capacity for responsible and hard work, you have endeavoured to be a good father to your children, you have overcome destructive tendencies to alcohol and drugs and you do have the capacity to re-enter the workforce.
54 Ms O'Meagher, you are now aged 24, having been born on 9 February 1988. At the time of the offending you were aged 23.
55 Your criminal record commences in the Children's Court in November 2003, when at the age of 15 you were fined for public transport offending. You have subsequently appeared at the Korumburra Magistrates' Court in April and August of 2011. On the last occasion you were given a two-month sentence for driving offences, suspended for a period of 12 months, together with a six-month community-based order. This current offending breaches both the suspended sentence and the community-based order.
56 You also have had a difficult and tragic past. Both your parents were unable to responsibly care for you. Your mother and father both had drug addictions and were regularly in prison. You had various foster placements from the time you were aged 12 to 18 months, but were fortunate to be fostered by the Honeysett family from the age of four. At age 14 your natural father was able to care for you for a while, but was subsequently gaoled for manslaughter.
57 You began drinking heavily and commenced using marijuana from your early teens. You met your co-offender, Mr Meszaros, when you were 15, and with him you have the three boys aged seven, five and four. As I stated earlier, the relationship with Mr Meszaros has been fractured, with occasional and then final separation.
58 You have found making ends meet difficult living in Wonthaggi, and this has been exacerbated by your resort to alcohol and further complicated by resultant offences for drink-driving and the subsequent loss of your driver's licence.
59 Your mother died of overdose when you were eight, and your father died three years ago. The Honeysetts continue to give support and were present at he plea hearing.
60 In mitigation, I accept that you entered your plea of guilty at an early stage. You have a longstanding alcohol problem and blame yourself for your actions. You have not sought to excuse your conduct in any way and have viewed your culpability for these crimes realistically. You have cared for your children in difficult circumstances.
61 The conduct of the three of you was nothing less than appalling, and I accept that you all now recognise it. The victim was forced to endure not just the pain and suffering of a vicious assault, but continuing assaults as part of a terrifying journey to an unknown destination where she was further assaulted, stripped naked and left in that state. The effect was, and was intended to be, humiliating and degrading. She was forced to go naked to a member of the public to seek assistance. It was made all the worse because she is a person of mild intellectual impairment.
62 This wanton violence cannot be tolerated, and principles of denunciation and general deterrence feature prominently amongst the various sentencing discretions. The conduct was utterly reprehensible and its objective gravity is such that in each of your circumstances, considered separately, it calls for a sentence of imprisonment to be immediately served.
63 In tailoring the respective sentences to arrive at an appropriate total effective sentence, I accept that the charges of robbery and false imprisonment are very much bound up with the general culpability of intentionally cause injury and that that charge should be seen in the context of the injuries being inflicted as part of an overall circumstance of humiliation and degradation.
64 Parity is an important matter to consider in the sentencing discretion. In the particular circumstances of this case the various considerations of difference between the three of you tend to balance out.
65 Whilst you, Mr Meszaros, did not physically hit the victim, you played a major role in ensuring the assaults that you were observing continued and you gave effect to the ultimate humiliation of leaving the victim stranded. You committed this offence while undertaking a suspended sentence for an earlier assault conviction.
66 You, Ms Francis, initiated the assaults and continued to assault the victim. You have a prior history for violence, but the last was ultimately on appeal without conviction and the earlier one was over ten years ago. The fact that you initiated the acts against the victim and your role, in my view, makes you the most culpable of the three. I have, however, moderated your sentence taking into account your underlying mental health condition.
67 You, Ms O'Meagher, also participated in continuing assaults. You have no previous convictions for assault, however, you committed these offences approximately six weeks after being sentenced to a suspended sentence of imprisonment for other offences. You were an enthusiastic participant.
68 In light of those matters, I am satisfied that there should be no differentiation between the three of you in the sentencing disposition.
69 Could all of you please now stand?
70 On Charge 1 of false imprisonment, you are each convicted and sentenced to six months' imprisonment.
71 On Charge 2 of robbery, you are each convicted and sentenced to six months' imprisonment.
72 On Charge 3 of intentionally causing injury, you are each convicted and sentenced to 12 months’ imprisonment.
73 Charge 3 is the base sentence. I direct that three months of the sentence imposed on Charge 2 and three months of the sentence imposed on Charge 1 be served cumulatively upon the sentence imposed on Charge 3.
74 The total effective sentence is one year and six months' imprisonment.
75 I direct that you each serve a minimum period of nine months' imprisonment before being eligible for parole.
76 I further declare that the period that you each have been in custody in respect of these offences, namely three days not including today, be reckoned as a period of imprisonment already served under this sentence, which is to be deducted administratively.
77 For the purposes of s.6AAA of the Sentencing Act, but for your pleas of guilty the total effective sentence that would have been imposed in each of your cases would have been 24 months' imprisonment with a non-parole period of 15 months.
78
I have not made any order in respect of Mr Meszaros' driver's licence. In my view the sentence imposed provides sufficient punishment, and with the distance involved in maintaining contact with his children and the need to
re-establish his business as a plumber, I consider that further punishment by driver's licence disqualification would be adverse to his rehabilitation on his ultimate release.
79 At the plea hearing the Crown sought a disposal order which was not opposed, and I have made that order today.
80 I have also made the orders sought for the taking of forensic samples for the reasons noted on the orders, namely the seriousness of the circumstances of the offending warrants the making of the orders, your prior convictions in each case warrant the making of the orders, the orders were consented to and the granting of the order is in the public interest.
81 I must inform the three of you that if at the time of the request you do not consent to the taking of a mouth scraping under the supervision of an authorised member of the police force, then the sample to be taken will be a blood sample and police may use reasonable force to enable that forensic procedure to be conducted.
82 Do you understand that, Ms Francis?
83 PRISONER FRANCIS: Yes.
84 HIS HONOUR: Do you understand that, Mr Meszaros?
85 PRISONER MESZAROS: Yes.
86 HIS HONOUR: And do you understand that, Ms O'Meagher?
87 MS O'MEAGHER: Yep.
88 HIS HONOUR: Thank you. You may be seated. Are there any other matters from counsel?
89 MR LYNCH: No, thank you.
90 HIS HONOUR: Mr Lynch.
91 MR KENNY: No, Your Honour.
92 HIS HONOUR: Thank you.
93 MS WISEMAN: May it please the court.
94 MR FLEMING: No, Your Honour, if it please the court.
95 HIS HONOUR: Thank you. You may now remove the prisoners.
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