Director of Public Prosecutions v Greig

[2017] VCC 571

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR 16-01251

DIRECTOR OF PUBLIC PROSECUTIONS

v

SIMON GREIG

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JUDGE:	HIS HONOUR JUDGE MULLALY
WHERE HELD:	Melbourne
DATE OF HEARING:
DATE OF SENTENCE:	15 May 2017
CASE MAY BE CITED AS:	DPP v Greig
MEDIUM NEUTRAL CITATION:	[2017] VCC 571

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

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr D Plummer
For the Accused	Mr J D Williams

HIS HONOUR:

1Simon Greig, you are here before the court as a 49 year old man who has pleaded guilty to five charges being a charge of aggravated burglary, a charge of intentionally cause injury, two charges of common assault and one of criminal damage. 

2I will turn shortly to a brief summary of the factual circumstances that give rise to these charges, but a fundamental understanding of those facts is that you are the father of a profoundly disabled autistic child, now 15 years of age. 

3As I will set out in more detail shortly, you are very close to your son.  You have been fundamental to his care for many years, so in that context when you received aggressive and threatening text messages from the female complainant in this matter, that is threats to you, your son, who was described as a retard, and your ex-wife, you lost perspective. 

4It seems some time in 2014 you met Conrad Tripp.  Mr Tripp had known the female complainant, Jasmine Wilson, for a number of years.  Ms Wilson came to know you through Mr Tripp and thus you and Ms Wilson had known each other for some months prior to 2016.

5In November 2015, you and Ms Wilson came into conflict and the conflict continued.  There was at the time, and subsequent, exchanges of angry and threatening text messages over a number of weeks.  You were the author of a number of nasty text messages; so too was Ms Wilson.

6It was within these text messages that you received the dreadful descriptions of your son and threats being made. 

7Around 2 pm on 28 January 2016 a message was sent from sent from Conrad Tripp's mobile phone, most likely authored by Ms Wilson.  The message sent was, "Fuck you, you rapist cunt.".  Having received this message and others earlier you reacted badly. 

8You got a softball bat and went to the Tripp premises.  When inside the bungalow, where Mr Tripp lived, you confronted Ms Wilson.  You said something like, "You're dead, I'm going to get you". 

9Mr Tripp, hearing this commotion, came out of the room and got between you and Ms Wilson and a struggle ensued.  He managed to get the bat from you.  You were pushed out of the bungalow and ran away.

10Ms Wilson followed you shouting at you as you ran away.  Unfortunately for you, and for her, you turned around, came back and punched her in the head.  She fell to the ground.

11You then got into your van and drove your van into Ms Wilson's car causing damage.

12The premises in which all this happened had cameras at the front which showed your punch to Ms Wilson's head, and in general terms, you driving into her car causing the damage.

13The vision of you punching Ms Wilson causing her to fall to the ground was most confronting. 

14Ms Wilson sustained injuries in the form of bruises to her left side, of her face and swelling and tenderness to her cheek bones and abrasions to her face and a deformity of her right hand and abrasions to her knee.  An X-ray showed a fracture to her hand which was placed in a plaster cast.

15Mr Tripp was observed to have abrasions and minimal swelling to his face and swollen hands.  He refused further treatment.

16You were interviewed by the police later that afternoon after being arrested at your house.  You told the police that you had lost control when you went to the house.  You said that you threatened Ms Wilson to stay away from you and not to text your family.  You used the words that once you received a text you, "Blew a piston".

17The prosecution tendered victim impact statements from Ms Wilson and from Conrad Tripp.  I have taken into account the Victim Impact Statements insofar as they are consistent with the agreed summary of facts.  Ms Wilson has suffered adversely, or has had an adverse impact, as a consequence of your crime.  So, too, her son, who was nearby when all this violence occurred.

18She has had to deal via Victims of Crime Compensation Tribunal grants of aid for her to go to a psychologist.  She has had to have multiple sessions of counselling; so too her son.

19Mr Tripp also has had adverse impact as a consequence of the crime and said as much in his Victim Impact Statement which I have taken into account.

20It is noted, Mr Greig, your son needs an enormous amount of care and attention.  You are central to that.  The evidence of all the witnesses called on your plea was crystal clear and compelling on that issue, in particular, a worker from the Department of Health and Human Services.  All of this, of course, is very much to your credit.

21If you were incarcerated from this point the impact on your son would be profound, and in my view, cruel.  Your brief period on remand in early 2016 was clear evidence of this. 

22On any analysis this case meets the high test of exceptional circumstances for the affect on a third person to be mitigatory.  Ultimately, the Crown this morning conceded that this was so. 

23This fact is a very significant in its mitigatory weight, in my view, moving me to impose in this case a non-custodial penalty.  That said, there is also a great deal in your favour in other forms of mitigation.

24The witnesses who know you well, Mr Jones and Mr Coggar, spoke of your generous and fine qualities. You contribute to your community in circumstances where you already shoulder too beg a burden and that is all the more impressive. This is one of those rare cases where I can utilise in your favour s.6 of the Sentencing Act which reads:

"In determining the character of an offender a court may consider, (c) any significant contributions made by the offender to the community".

25I will not detail all the evidence of those two impressive men but it remains important, Mr Greig, that you keep working with them.  Good male friendships, bonds, mateship, mentorship are worth a great deal in overcoming adversity. 

26Your work with St Vincent de Paul and the Foodbank and as a handyman generally, as well as work with the Living Streams Church is very much to your credit.

27In addition you are remorseful and shocked at how badly you behaved.  You have taken significant steps in rehabilitation with counselling yourself. 

28The Court of Appeal has said it is important that a sentencing judge not just give mere lip service to mitigatory factors because the offending is serious, and in this case, a good deal of attention has been recently focused on recalibrating sentences for aggravated burglary and violence to offenders.  But it is important that the seriousness of the gravity of the offence does not determine the punishment to be imposed.  All matters, including powerful mitigatory matters, must be considered.

29Always the punishment must fit, not just the crime, but the offender who committed the crime.  Your son's predicament should not be seen by you, Mr Greig, as giving you immunity for criminal conduct that you commit. Rather, you must remain law abiding into the future or the mercy shown today will be unlikely to be repeated, much to your son's detriment.

30Your previous offending 20 years ago in 1995, before your son was born, is of serious concern and was a factor that I considered anxiously when coming to a conclusion that, by a bare margin, you ought not be returned to gaol but rather a punishment in the community.

31You now have a second violent offending taking weapons to a domestic house.  Should there be offending of any kind into the future then the mercy that has been shown today is, as I said, highly unlikely to be repeated.

32Your offending is to be denounced but I can at least see, without understanding, how the female complainant's threats and threatening text caused you to lose control.  None of that is an excuse but I recognise that everyone has human frailties. 

33I had you assessed for a community corrections order and you are suitable.  The officer thought you should do programs to reduce your offending but you have already done a men's behaviour change group program involving 14 sessions from late May to late August 2016.  This is to your credit that you had embarked upon this and also, in my view, means that your insight had already developed. 

34Doing the best I can and emphasising again that this is a brief set of sentencing reasons, which I hope I have exposed in my path of reasoning, but by circumstances it is not as fulsome as it might otherwise would be.

35But doing the best I can giving proper weight to denunciation, deterrence and to your rehabilitation, what I consider to be a case that is quite unique, I impose a single aggregate term for the five offences that you committed. 

36The aggravated burglary and the intentional causing injury are clearly the most serious offences.

37Charges 1, 2, 3, 4 and 5 with conviction, I impose a three year community corrections order.

38In respect to that there will be conditions for unpaid work, 200 hours.  You will have to undergo programs and treatment for mental health and you will also be under supervision.

39You have already served a period of 29 days in prison.  In my view, it would be tokenistic to declare that as part of the sentence that I have just imposed.  In my view, I have to a conclusion in which I, as is clear, considered anxiously as to whether there should be a period of imprisonment.  I simply restate that you have done 29 days and that was adequate in terms of imprisonment together with a community corrections order.  It is not just tailoring the sentence it is more than that and I am not proposing to do it so I put the 29 days, which you have served, to one side.

40Should you breach this community corrections order then, of course, I may consider the 29 days that you have already served in prison.

41The sentence I impose is a three year community corrections order.

42Had you pleaded not guilty to this office, and I note that you pleaded guilty to it but at the door of the court when the case crystallised in terms of the conduct inside the house, so there still remains a benefit to you for the plea of guilty that you entered.

43Had you pleaded not guilty to the offences and then found guilty of them I would have imposed a penalty of 12 months' imprisonment with a community corrections order as well of three years. 

44Is there anything further required in terms of other orders?

45MR PLUMMER:  Your Honour, I believe we handed up a compensation order on the last occasion and there will be a disposal order as well.

46HIS HONOUR:  Yes, I will just deal with those.  There is a disposal order here, Mr Greig, seeking to dispose of the bat, so I will make that order.  

47Ms Wilson, seeks $1,889.80 in respect of her car.  I propose to make that order because I am satisfied that, as a result of the offence, damage occurred to her property, therefore, you have a civil debt. 

48(Orders signed.)

49Is there anything further?

50MR PLUMMER:  No, Your Honour. 

51HIS HONOUR:  Mr Greig can leave the dock and sit back in the court.  Just come up behind you, I will sign the particular community corrections order.  Mr Greig, the terms of the community corrections order, it goes for three years.  It is no short matter.  It will be until May 2020. 

52The mandatory conditions, as apply to all community corrections order, and therefore apply to you, are as follows.  The first of which, please understand, is very important.  You must not commit another offence for which you can be imprisoned during the time that the order is in force.  So, even if a magistrate would not put you in prison at all for whatever it is, it breaches the order if there is a capacity for imprisonment. 

53As I said, I just would not be persuaded to exercise mercy again.  The community would say that my naivety has been exposed by your breaking of the law or the like and I have little choice. 

54Beyond that you must comply with any obligations and requirements under the Sentencing Act.  They will need to take a photograph of you, I am told, and various other identification things, that is, Corrections will, so just comply with all that.

55You must report to and receive visits from the Office of Corrections.  You must report to the Office of Corrections Centre, that is the one in Box Hill, Station Street, Box Hill; the address is here.  You have got to do that within two clear working days so I would go today or tomorrow.

56You must not leave Victoria without getting permissions to do so and you must obey all lawful instructions and directions and you must let them know within two clear working days if you change your address or your job.  So all of those make clear; just co-operate with them. 

57You have to do unpaid community work.  I know that you do other voluntary work all over the place but 200 hours here for them, and you have to do it within the three year period, but I expect you will get that done quickly.

58Not everyone will be as committed to their rehabilitation on the work crews so just keep to your own program, get the 200 hours done and you will be done with it.

59You have got to be under supervision at Community Corrections for three years.  They will want to know how you are going.  Telephone calls, visits and those sorts of things.  Just co-operate with that. 

60You must undergo any mental health assessments and treatments.  That might be dovetailed with what you have had in the past or the like.  It is important that you get help.  You are not going to be able to do this totally on your own.  All right, sign that, (indistinct).

61(Orders signed and acknowledged.)

62You get a copy of that, Mr Greig, and as I say, you are free to go. 

63Mr Plummer, thank you very much for your assistance; you too, Mr Williams and in particular the table setting out the various cases that autistic children have been seen as exceptional circumstances.  I have discovered others, some of which I have been involved in, but there it is. 

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