Director of Public Prosecutions v Grech

[2015] VCC 1679

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR-14-01611

DIRECTOR OF PUBLIC PROSECUTIONS

v

MARGARET GRECH

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JUDGE:	HIS HONOUR JUDGE PILGRIM
WHERE HELD:	Melbourne
DATE OF HEARING:	25 August 2015
DATE OF SENTENCE:	19 November 2015
CASE MAY BE CITED AS:	DPP v Grech
MEDIUM NEUTRAL CITATION:	[2015] VCC 1679

REASONS FOR SENTENCE
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Cases Cited:
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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr T. Hoare	Office of Public Prosecutions
For the Offender	Mr G. Henderson	Darroll Nelson

HIS HONOUR: 

1Ms Grech, you have pleaded guilty to one count of affray, one count of kidnapping and one count of causing serious injury recklessly. 

2You have heard the learned prosecutor, it was then Ms Moran, back in Ballarat, tell the court that the following maximum sentences apply to each of these offences.  For the offence of affray, the maximum gaol term that can be imposed is five years' imprisonment.  For kidnapping, the maximum sentence that can be imposed is 25 years' imprisonment.  For recklessly causing serious injury, the maximum sentence that can be imposed is that of 15 years' imprisonment.  These sentences, as maximums, should indicate to you that these offences are indeed serious, particularly the kidnapping.

3For having pleaded guilty I will impose a lesser sentence than I otherwise would have imposed.  In other word you receive a discounted sentence for having pleaded guilty.

4The nature of the offending is set out in the prosecutor's opening and you heard Ms Moran read that to the court.  I will directly quote for the record some of what Ms Moran had to say.  This is what was written therein:

"Jason Crockett resided with his partner, Leanne Walker, and her daughter, Billie-Jo Walker, at 48 Dyke Parade.  At the time of this incident Walker's two much younger children also lived at that property.  Billie-Jo at that time had been in a relationship with Daniel Taggart."

5You know who Daniel Taggart is, your son.

"That relationship at that time ended in December 2013." 

6I understand there has been some sort of reconciliation but at that time the relationship struck some hurdles, we will leave it at that level.

7Ms Moran then went on to tell the court:

"Up to that point [that is the separation back then], Mr Taggart had been residing with Billie-Jo, her mother and the victim, Crockett, but had moved out of the house following the relationship breakdown with
Billie-Jo.  Mr Taggart left several items behind when he moved out of the property, including a Suzuki motorbike which the victim, Jason Crockett, requested Taggart [your son], to remove on numerous occasions without success.  The bike stayed there.

The motorbike belonged to Alexander Muscat [your daughter's partner], and he had lent that motorbike to Taggart [Daniel Taggart].  At around 9.30 am, on Sunday 12 January 2014, Jason Crockett and Leanne Walker travelled to Melbourne to collect some items they had purchased on eBay.  At around 11 o'clock, half an hour later, Leanne received a phone call from Daniel Taggart demanding to know where the motorbike was, because he could not find it and he believed it to be missing.  He had gone around to collect it and it was not there.

Leanne Walker then called one of her daughters, Jamie-Lee.  Leanne asked Jamie-Lee to go to the house to see what was going on.  Jason Crockett was confused, because as far as he knew the motorbike was still in the shed at the property.  When Jamie-Lee arrived, Mr Taggart and Mr Muscat were already there.  Jamie-Lee's two younger children as well as her younger sisters were in her company.  Jamie-Lee again called Leanne and asked, 'Where is the motorbike?'  Leanne rang Taggart and said they did not know where the bike was.  Taggart then told Leanne, 'Put Jace on.  Tell him he's fucked, he's going to cop it.  The boys are going to come around, they're going to know you're back in town.  Don't have any kids in the house.'

Leanne put Jason on the phone to Taggart, who then yelled at Jason about the missing bike and that he, Jason, was fucked.  The victim, Jason Crockett, and Leanne later returned from Melbourne at about 8 o'clock that night.  On arriving home, Jason Crockett noticed that Taggart's white Commodore car was at his house.  Leanne got out of their car and was arguing with Taggart while Crockett reversed the trailer up the driveway of his home.  Mr Taggart came up to the driver's side of the car and again told Crockett he was fucked and told him to get out of the car.

As Crockett parked the car, Taggart grabbed Jason Crockett by the shirt and dragged him out of the car and pushed him up against the fence. 
Mr Taggart hit Crockett hard two or three times.  Crockett responded by throwing Taggart up against the fence and a struggle followed.  Mr Taggart grabbed Crockett's arm, which was then in plaster, and started twisting it.  Crockett then grabbed hold of Taggart and they both wrestled on the ground.  Mr Taggart then moved away but continued to threaten Crockett before he then made a phone call.

While on the phone, Taggart told everyone that was thereabouts, 'You'd better get rid of the kids because you're all fucked now.'  Everyone except Taggart went inside.  Crockett, having gone inside, grabbed a baseball bat with the intention to chase Taggart off his property.  As Crockett started to move down the driveway with the baseball bat concealed on his person, he saw a four wheel drive pull up nearby.  As Crockett was walking, Taggart looked at him and said, 'You're fucked now.'  Crockett saw Muscat get out of the car as well as Ben and you.  [Ben of course is your husband].

There was another woman there as well, he apparently did not recognise her, because there is no name given to that woman.  Crockett placed the baseball bat that he had in the trailer.  He was afraid and he did not want it to be later used on him.  All four people then came towards Crockett [that is yourself and Ben, Muscat and Taggart]."

8Ms Moran said, and this is the words she used:

"They touched up Mr Crockett in the middle of the road and asked him where the bike was.  You were screaming and telling them, 'Give it to him.  Give it to him.'  At one stage you tried to break a bottle on the neighbour's fence, so one of the witnesses say.  Crockett was taken to the back yard and further assaulted by Mr Taggart, Mr Muscat and your husband, Ben Grech.  Ben Grech then suggested that your all take
Mr Crockett for a drive.  Muscat and Ben Grech put Crockett in the four wheel drive and locked the car.  The other unknown female put the child lock on the next door to render it incapable of being opened by Crockett who was inside the vehicle.  Your husband, Ben Grech, was in the driver's seat, you were in the front passenger seat next to him, and Muscat sat in the back with Crockett.

Jason Crockett was then driven in this four wheel drive vehicle to Yankee Flat Road in Buninyong where he was assaulted throughout the trip by Muscat.  Muscat had been hitting him.  At some stage during the drive your husband, Ben Grech, produced a metal looking baseball bat and showed it to Crockett.  During the drive Muscat and your husband kept indicating to Crockett that he was fucked.  The car stopped near a pine plantation on McCarthys Road in Buninyong.  Crockett was removed from the car and at this time Crockett's phone began to make noises[I assume it was ringing], so the phone was taken from him and smashed on the ground.  Crockett's wallet was also removed.

Jason Crockett was hit several times to the legs with the baseball bat by your husband, Ben.  Muscat then took the baseball bat and hit Crockett with it several times to his legs, arms and chest.  Muscat told Crockett he had one week to come up with $5,000 relating to the lost motorbike or they would come back.  At this time your husband and Muscat punched Crockett a few more times and the last thing that Crockett can remember was seeing the baseball bat coming towards his head.  He was hit in the head and rendered unconscious with the baseball bat by one or more times by either Mr Muscat or Mr Grech hitting him with it.  During this assault he insists [that is Crockett] that you were yelling words to the effect, 'Give it to him.'  You were yelling that to Muscat and to your husband, Ben."

9The prosecution concede that they cannot establish beyond reasonable doubt which blow to the head with the baseball bat caused the serious injury to Crockett's jaw, nor whether the bat at the relevant time that that blow was struck, if it was held by either Mr Muscat or Mr Grech.  Obviously you do not understand the word "acting in concert" but because both of them were there and you, you are all charged with the same offence because you were acting together, acting in concert.

10Some time later Mr Crockett woke up.  It was then dark and each of you, that is yourself, your husband and Muscat had gone, the vehicle had gone, you had all gone.  Crockett, whose head was covered in blood, then began trying to walk home.  He was most fortunately found by police officers wandering or staggering along a nearby road in the forest. 

11Crockett was then taken to the Ballarat Hospital with a fractured jaw, swelling and bruising on his legs, cuts and bruises on his head and face and swelling to his neck and left ear.  Because of his injuries, Crockett was then later transferred to the Royal Melbourne Hospital where he required a metal plate to be inserted to the injury to his broken jaw.

12Ms Grech, your behaviour was an absolute disgrace.  It hardly needs to be said Ben Grech is your husband, Daniel Taggart is your son and Alex Muscat is your son-in-law.  As a mother, wife and whatever status you give yourself, you should have stepped in and stopped it.  You have been subjected to violence but you let it go on and you encouraged them by yelling out encouraging things to them.  This is horrific behaviour.  You should have stopped it, but, no, you fiercely encouraged the others in what they were about.

13Ms Grech, you are now aged 49, having been born on 19 September 1966.  You have seen the well-known forensic psychologist, Mr Tim Watson-Munro.  Mr Tim Watson-Munro provides a report, dated 21 October 2015, as to some of your personal history.  I will quote from that in a moment.  I have also read the other reports that relate to your workplace injury that in a way contributed because of the difficulties you are encountering with your health, mental health and others, but specifically I am referring now to Tim Watson-Munro.  I read from Tim Watson-Munro's report and this is what he said:

"Ms Grech was born in Melbourne in September 1966.  She has three brothers and four sisters of which she is the youngest." 

14Your oldest sibling is 65.  Your parents are deceased.  Your father died in 2009 at the age of 80 and your mother the following year at the age of 84.  You informed Tim Watson-Munro that your parents had divorced and that was a considerable period earlier during your adult life.

15The psychologist goes on to tell me that you were educated at the Williamstown High School where you completed Year 9 before securing employment with Coles as a checkout person at their Williamstown store where you remained for two years.  You then became a mother with a number of children to two fathers.  The oldest two include a 26 year old son and a daughter who is 28.  Their father is 50 and they were together for eight years.

16I will pause there for a moment.  You heard what Mr Henderson said this morning and your sister is here to endorse it, that man apparently was a ne'er do well in that he violently assaulted you on many occasions.

17Watson-Munro goes on to say:

"Ms Grech has three children to her second partner, who was also 50, inclusive of two sons aged 21, 19 as well as an 18 year old daughter [some of whom are here to support you today].  She was with that partner for seven years.  She has been with her current partner for 15 years.  They have been married for five [that of course is Mr Grech]. 

Ms Grech stated that she re-entered the workforce in 1986, obtaining employment with the Department of Labour where she remained for seven years.  Her next job was as a cleaner with a number of companies for approximately four years before working with Rivers Shoes for eight years prior to being terminated in August 2014.  This arose from an ongoing work claim referrable to repetitive strain injury.  [That was what we were speaking of before and your barrister, Mr Henderson, produced the reports in relation to that]."

18You also told the forensic psychologist that you were then being treated for tennis and golf elbow, apparently a very, very painful condition.  You described chronic pain arising from this condition, which is a matter for appropriate specialist opinion. 

"In passing, however, it is apparent that her physical problems have substantially impacted upon her psychological condition against the backdrop of emotional overlay."

19Tim Watson-Munro lines it up with what happened to you in the civil field where you got a workplace injury. 

20Mr Watson-Munro also reports on further matters upon which I want to refer, that being:

"Ms Grech denies using illicit drugs and claims that she does not drink.  She is, however, on a wide range of prescribed medication inclusive of antidepressant medication.  At examination she stated she in conjunction with her psychiatrist, with whom she commenced two months ago, planned to change to a new drug regime as this one [that is the drug you were then on at the time you saw Watson-Munro was losing its therapeutic efficiency]."

21You stated to Watson-Munro also that you also take another drug to help with sleep.  You informed him you suffer chronic pain in the elbow and you take Nupentin, a powerful analgesic and, in addition, Endone twice a day. 

"The constant pain in turn impacts upon her mood, particularly referable to depression and associated with poor impulse control and high levels of anxiety.  Ms Grech conceded that the chronic nature of her physical and psychological problems impact upon her judgment at times, which I believe [that is of course Watson-Munro] is of considerable relevance to the dynamics surrounding these current matters."

22In this case all four of you from this family had not consumed illicit drugs, nor had any of you consumed any alcohol.  That is an observation I rarely if ever make.  There is usually drugs of some sort and all too often it is ice.  There is usually alcohol combined with those drugs.  Each of you, your son, your sister-in-law, your husband and yourself, no drugs, no alcohol. 

23Among other things Watson-Munro said this:

"Ms Grech presents as co-operative, though clearly emotionally distressed, as she is currently before the court in relation to these offences."

24He says:

"I have noted the intensity of her depression and anxiety in the report.  
[I have just read some of that out]."

25He goes on to say:

"Compounding the clinical picture, she suffers from a chronic pain syndrome which directly impacts upon her mood state.  She has commenced treatment with a psychiatrist about two months ago.  Prior to that I gather she had been seeing a psychologist."

26In 1999, you commenced your relationship with Ben Grech, who is of course a co-accused.  In 2010, ten or 11 years later, you married Mr Grech.  You are 11 years older than this gentleman.  You have five children that joined your union with Ben Grech.  These children being from the former relationship that I mentioned earlier.  Those five children being Amber, Aaron, Daniel, Darren and Chantelle.

27Amber is currently the partner of Alexander Muscat.  Daniel, as I said earlier, is the co-accused on the first count, not the second count.  He was not charged with recklessly causing serious injury because he did not go out into that forest.  He was on a separate presentment and dealt with separately for the affray and what was occurring at the house.

28Ms Grech, you may recall Mr Casey, the barrister who represented your son-in-law, co-accused, Mr Muscat.  Mr Casey stood up in the Ballarat court and said, "All of this over a lousy bike."  You will recall it was the victim's belief that the motorbike was still in his shed.  It was said that Crockett had made numerous demands of Taggart to come and get it and take it away.  Further, after Jamie-Lee had attended at the house to see what was going on, the prosecutor said this:  "Jason was confused because as far as he knew the motorbike was at the property."

29If, and I emphasise, if this is indeed correct, then obviously the criminal behaviour of each of you has been directed towards Crockett.  If it is factual, as I said, it is absolutely misplaced violence.  He did not get rid of the bike, somebody else has taken, if he is telling the truth.  It may be another miscreant that has interfered with the bike yet Crockett has been given a dreadful beating.

30

In this case there has been a victim impact statement.  You heard Mr Hoare mention it a few moments ago.  Mr Henderson concedes it was filed. 

Mr Crockett now finds himself lacking in confidence when interacting with others.  Further, he says he now suffers significant memory loss and that is leading to depression.  Mr Crockett's family now struggle to cope with the change that has occurred in his personality.  Mr Crockett unfortunately still suffers seizures and fits resulting from him being struck to the head.

31I make this comment.  I sincerely hope that those seizures and fits diminish as time passes.  This man now has grave concerns for his partner and his family as to how they will cope with him.

32The circumstances of this offending is indeed very serious, as I said earlier.  Ms Grech, you have let your immediate family down.  Your behaviour on this night was a disgrace.  I do not mean to insult a lady by talking about your age, but you were the oldest one there by a significant amount, you should have stepped in and stopped it, but, no, you encouraged it.

33As I said before, Crockett was severely beaten.  He not only suffered a dreadful fracture to his jaw, but had significant bruising over his lower limbs and to his chest.  He was left unconscious and suffering extensive blood loss, late at night, in a remote forested area on the outskirts of Ballarat.  He was indeed fortunate that police officers came along a remote road and found him.  They arranged for an ambulance and he was taken to Ballarat, as I said earlier, and then subsequently transported to Melbourne.

34When Crockett regained consciousness he had no recall of what had happened.  Indeed he was fortunate, as I have just said, to be found by patrolling policemen while he was wandering around on the road covered in blood.  Your behaviour is to be denounced in the strongest of terms, leaving a man in that state in the forest after beating him severely.

35Ms Grech, you have never before had any dealings with the criminal justice system.  You have no outstanding matters to be attended to. 

36I assure you I have taken into account all that has been said on your behalf by Mr Henderson.  I take into account your family is here supporting you.  I take into account your sister was prepared to tell us about the misbehaviour of one of your previous partners. 

37I further take into account your plea of guilty.  Your plea is indicative of your remorse.  Mr Henderson again, on your behalf, expresses your remorse to this court.  Back in Ballarat that was done, not today.

38

You have significant health problems and your family remains supportive of you.  As I have just said many of them are here supporting you today. 

I accept that if you follow counselling as directed your prospect of rehabilitation has to positive to say the least.

39There is one thing that I think I need to make sure you clearly understand.  You know you have seen Corrections officers.  That is the report they prepared for me that I am holding up and showing you, and this is what they said:

"While Ms Grech denied the offences in terms of her own involvement, stating she observed same but was not involved at all and then minimised the offensive behaviour of the co-offenders."

40That is a load of rubbish, you were involved, you encouraged them by yelling encouragement and you cannot minimise this behaviour because they gave that fellow one hell of a beating.  You were there and you could have stopped it.  What you told Corrections is nonsense.  Face up to it and get over it.

41I must take into account the provisions of the Sentencing Act, in particular s.5, wherein it is set out that the purpose of sentencing is for just punishment. 

42I pause there for a moment.  You know what has happened to your husband, he is in prison, first time ever.  Never been in trouble before.  Your son-in-law, I will call him that, Muscat, he is in prison, never been in prison before.  All because of a lousy bike.  And your son came very close to joining them.  He is much younger, much younger and that is the way he avoided prison and of course he was not involved in the assault out in the forest.

43I again say, I must take into account the provisions of the Sentencing Act, in particular s.5, wherein it is set out the purpose of sentencing is for just punishment.  The purpose of sentencing is to punish the offender to an extent and in a manner that is just in all of the circumstances.

44The next sub-section under s.5, it directs the court to general and specific deterrence.  The entire community must see by your behaviour that this type of behaviour will not be accepted.  It was dreadful, as I said, and frightening acts of violence.  General deterrence and specific deterrence are very much to the fore in this instance.

45I take into account what role you did play. 

46You will be convicted and released on a community corrections order for a period of 15 months.

47I will come back to this in a moment.  I will just read it out for the record and I will come back and address you on it.

48The special conditions are that you undergo treatment and rehabilitation for medical concerns, that you receive treatment and rehabilitation for mental health issues and that you be subject to the supervision of a Corrections Officer.

49Tim Watson-Munro and your clinical psychologist in relation to the civil matters have all filed reports.  You have got medical issues, they are to be addressed.  Corrections will have you assessed and whatever they say you must do in terms of your medical problems, you must attend to them.  If you do not you are in breach.  If you are in breach, you will be brought back for breaching the community corrections order.  Do you understand that?

50You are also to be dealt with in relation to treatment and rehabilitation for mental health issues.  That specifically really addresses your depression and all the things that come with that.  Do you understand that?  You have got to be assessed and treated in relation to those matters.  If you refuse the treatment well then you are in breach and you will be brought back.  Do you understand that?

51The supervision element is, I think the best and most simple way of explaining that is, is to say you really are going to have, I suppose I could call it, a social worker appointed to you to help you through the next 15 months.  If you have got issues, whatever those issues are, if you cannot discuss them with your practitioner, such as doctors or psychiatrists or psychologists, raise it with that individual and they will see to it that you get help.  Do you understand that?  All right, come and take a seat with your sister.

52(Community corrections order signed and acknowledged.)

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