Director of Public Prosecutions v Griffiths

[2025] VCC 291

IN THE COUNTY COURT OF VICTORIA

                Revised

Not Restricted

     Suitable for Publication

AT MELBOURNE

CRIMINAL JURISDICTION

CR-23-00640

DIRECTOR OF PUBLIC PROSECUTIONS

v

THALIA GRIFFITHS

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JUDGE:	HIS HONOUR JUDGE JOHNS
WHERE HELD:	Melbourne
DATE OF HEARING:	19 February 2025
DATE OF SENTENCE:	18 March 2025
CASE MAY BE CITED AS:	DPP v Griffiths
MEDIUM NEUTRAL CITATION:	[2025] VCC 291

REASONS FOR SENTENCE

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Subject:  CRIMINAL LAW - Sentence

Catchwords:             Aggravated burglary – Possess cannabis – Make threat to inflict serious injury – Common assault – Handling stolen goods – Related summary offences – Plea of guilty – Aboriginal offender – Application of Bugmy principles – family violence victim – long period on CISP bail -complex PTSD and BPD -Totality.

Legislation Cited:     Sentencing Act 1991

Cases Cited:Bugmy v The Queen (2013) 249 CLR 571; R v Verdins (2007) 16 VR 269; R v McKee [2003] VSCA 16; Hogarth v The Queen (2012) 37 VR 658

Sentence:Total effective sentence 27 months non-parole period 15 months            

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr G. Mohammed	Office of Public Prosecutions
For the Accused	Ms D. Lardner	Victoria Legal Aid

HIS HONOUR:

1Thalia Griffiths, you have pleaded guilty before me to a charge of aggravated burglary, two charges of making a threat to inflict serious injury, two charges of common law assault, a charge of handling stolen goods and a charge of possess a drug of dependence.    

2The maximum penalty for aggravated burglary is 25 years' imprisonment.  The maximum penalty for possessing a drug of dependence in the circumstances you did is five penalty units.  The maximum penalty for threatening serious injury is five years' imprisonment.  Common law assault has a maximum of five years' imprisonment and handling stolen goods 15 years' imprisonment.  You have admitted relevant prior convictions. 

3You have also been charged with relevant summary offences of possess cartridge ammunition and commit an indictable offence whilst on bail.

Circumstances of Offending

4The circumstances of your offending are set out in Exhibit A.  That detailed summary of your offending forms part of these Reasons for Sentence.  I sentence you on those facts, but I do not propose to recite the detail herein. 

5In much briefer terms, you attended the private residence of your victim,
Mr Prietto, with your partner at the time, Ashweirth, whom I have previously sentenced.  Ashweirth had some grievance with Prietto, perhaps to do with payment of some kind. The incident occurred almost three years ago on
25 April 2022. 

6You were armed with a fire extinguisher, Ashweirth was armed with a knife.  You both forced your way into the house.  Ashweirth was pointing the knife at Prietto who was trying to evade him.  Ashweirth grabbed him by the shirt and punched him to the face twice causing him to bleed heavily.  A second victim, Ms Morgan Carr, came out of the bedroom and saw Ashweirth holding the knife to Prietto.  You threatened her with the fire extinguisher. 

7Various threats were made to each victim that they would be stabbed.  Ashweirth also demanded money.  I received a victim impact statement from Mr Prietto and I take the impacts upon him into account.  This is a serious example of aggravated burglary, threats to inflict serious injury and common assault. 

8When you were arrested in July 2022, you were in possession of stolen goods set out in the indictment and a small amount of cannabis. 

9You have been in custody since your arrest pursuant to my warrant in 2024. You have spent 139 days on remand in relation to this matter. I issued a warrant for your arrest due to your non-appearance at your plea on 14 June last year.

10Prior to your non-appearance, you had been on CISP bail for a lengthy period, and doing relatively well.

11You had spent almost two years on bail for the matters prior to your
non-appearance, eleven months of which was successful supervision under CISP.

12It was apparent to me, having the carriage of this case for some time, that once the CISP support on bail ceased, you struggled.  I accept that you again became a victim of violence during that period, and again experienced mental health issues requiring attendance at hospital.

13Had you been able to maintain progress on bail, and remain offence free, it is likely I would have had you assessed for a lengthy CCO without a period of imprisonment in combination.

14Due to your remand, and your unsuitability for a CCO I will impose jail sentences for your offending.

15Sentences of imprisonment are appropriate due to the objective gravity of the offending.  I accept what the prosecution submits as to the relevant sentencing considerations including:

-   This was a confrontational aggravated burglary;

-   Committed in company;

-   Both armed; and

-   Accompanied by violence and threats of harm.

16I have moderated the sentences substantially due to the lengthy period on bail, in particular the intensive and supported bail, and what steps toward rehabilitation those periods reflect.

Personal circumstances

17You identify as Aboriginal through your mother’s line, and you sought to participate in the Koori Court process in order to engage with your heritage. Unfortunately, due to your disconnection from your mother, eligibility requirements were unable to be fulfilled.

18You have had a tough life, a disadvantaged and traumatic life, and these experiences have shaped you from infancy.

19You are 29.  Your parents separated when you were two.  You were raised mainly by your mother, intermittently by your father.

20You have five brothers.  You had a younger sister who passed away by suicide in 2018.

21Between the ages of 13 and 17 you were in DHHS care moving between foster care, residential facilities, secure welfare and occasionally your parents' homes.

22You also spent periods of time homeless and couch-surfing.

23You were exposed to violence and drug use in childhood.  Your mother was a heroin user and was involved in a succession of violent relationships with men who also abused drugs.  You were exposed to this environment and were also the direct victim of physical violence in the home.

24You have also been a victim of sexual abuse and violence from childhood.  I will not go into the details, but I accept this deeply traumatic history set out in the materials.

25Your schooling was disrupted. You attended eight different secondary schools due to frequent moving and behavioural issues.

26To your credit, despite your childhood experiences, you completed Year 12 through VCAL and Certificates I and II of Retail Studies.

27You were employed in Dangerfield in Doncaster for approximately 18 months when you were 19 and 20.

28You have two sons aged 10 and 7, who are in the care of family, and you are motivated to reunite with them.

Victim of violence

29I accept that you have been the victim of extreme violence, physical injury and psychological harm within relationships since childhood. These traumas have exacerbated earlier traumas, and indeed may be related to your early experiences. The details of the abusive relationships are set out in Ms Lardner’s excellent outline from June last year. The case of DPP v Joshua Russell [2016] VCC 1312 was relied upon to illustrate part of the traumas you have experienced.

30The traumatic and damaging experiences you suffered in relationships are not limited to what is described in that case.

31I accept that there is a link to your early childhood trauma and exposure to violence, and the cycle of abusive relationships you have experienced and the harm that has been inflicted upon you during those relationships. This context is also relevant to an assessment of your moral culpability in playing second fiddle to your co-offender, Ashweirth, whom you were also in a relationship with at the time.

32You began using substances at the age of 14.  You began methamphetamine use in 2017 in the context of the abovementioned dysfunctional relationships. You commenced binge drinking after your sister’s suicide in March 2018.

Mental Health

33You have a long history of mental health problems, commencing in early teenage years.  You have been diagnosed in the past with autism spectrum disorder, ADHD, depression, anxiety and PTSD. 

34You have a long history of self-harming and suicide attempts in response to trauma and your circumstances.

35You have had contact with several mental health services including:

·The Albert Road Clinic, where you spent 5-6 months at around 15 years old and were diagnosed with autism, ADHD, depression and borderline personality disorder.

·Inpatient admission at various public hospitals including Box Hill, Maroondah, Austin, Sunshine Hospital and most recently St Vincent's.

·Epping Hospital in late 2018 and 2019, due to mental state deterioration following your sister’s passing.

36The Forensicare Mental Advice and Response Team report which I have referred to, notes that you have been admitted as an inpatient 28 times since 2009 (14 years old). On 8 March 2023, you were admitted to the Alfred Hospital in relation to your mental health. 

37You have been prescribed Seroquel, Fluoxetine and Olanzapine.

38Mr Jeffrey Cummins assessed you in 2020 and again this year. In 2020 he reported that:

·Your presentation at interview was consistent with someone experiencing mild autism spectrum disorder. 

·You most probably did have a borderline personality disorder and a dependent personality disorder.

·You were also diagnosed with PTSD with the symptoms of anxiety, depression and traumatisation.

39At that time, he stated that overall you presented as being a quite vulnerable young adult.  He recommended you receive domestic violence counselling.

40In his report from February this year, Mr Cummins noted that you have had a very significant dysfunctional upbringing. He confirmed the diagnosis of Complex PTSD and noted that you are medicated with antidepressants, Fluoxetine and Prazosin.

41Mr Cummins also diagnoses you with borderline personality disorder and anti-social personality disorder with some of the indicia of dependent personality disorder.

42In Mr Cummins’ opinion, your prospects of rehabilitation are linked to you remaining free from illicit substance use and remaining free from abusive intimate relationships where you are exposed to violent and controlling behaviour.

Matters in Mitigation: Verdins and Bugmy

43I have no difficulty accepting that the principles of Bugmy apply in your case with full effect.  Your moral culpability is assessed in light of forces that have shaped you through no fault of your own, and that have led you to substance abuse, negative relationships and other criminogenic factors.

44I also find, to a moderate degree, that complex PTSD and personality disorders provide relevant context through which to assess and explain the circumstances that led to your offending.

45I also consider that due to the matters set out in Ms Lardner’s outline as to your last experience of custody, and due to my acceptance of the findings of Mr Cummins, and your mental health challenges more generally, that your experience of custody is harsher due to these factors than it would be otherwise.

46You have pleaded guilty at a relatively early stage, given the negotiation that resulted in a more serious charge being removed.

47The totality principle is important in your case given the connection between the offences on the indictment and the role you played in the offending.

48I consider that general deterrence and denunciation are very prominent sentencing factors for the breadth of the criminal episode before me.  Specific deterrence is also important in your case.

49I had you assessed for a Community Correction Order.  You are assessed as unsuitable. Your recent history before me would not have given me great confidence that you could comply with a CCO.  In light of the assessments and your attitude to a CCO, it is an inappropriate disposition.

50You have expressed a desire to relocate to Queensland to be near your sons. You have indicated through the assessment that you would prefer a straight sentence.  I have concluded, based on all of the material and balancing as best I am able all of the sentencing considerations in your case, that a head sentence with a non-parole period is the appropriate disposition.

Sentence

51I now sentence you as follows, Ms Griffiths. 

52In relation to Charge 1, aggravated burglary, you are sentenced to 22 months' imprisonment. 

53In relation to Charge 2, make threats to inflict serious injury, six months' imprisonment.

54In relation to Charge 3, six months' imprisonment

55In relation to Charge 4, common assault, three months' imprisonment.

56In relation to Charge 5, three months' imprisonment.

57In relation to Charge 6, three months' imprisonment.

58In relation to Charge 7, you are convicted and discharged.

59In relation to the relevant summary offence of committing an offence whilst on bail, you are sentenced to seven days' imprisonment.

60In relation to possess cartridge ammunition, you are fined $400.

61I direct that three months of the sentence imposed on Charge 2, and two months of the sentence imposed on Charge 4, be served cumulatively on the sentence imposed on Charge 1.

62That makes a total effective sentence of 27 months' imprisonment.

63I set a non-parole period of 15 months' imprisonment before you are eligible for parole.

64I declare pursuant to s18 Sentencing Act 1991 that you have served 137 days of this sentence as pre-sentence detention.

65Pursuant to s6AAA, were it not for your pleas of guilty, I would have sentenced you to a total effective sentence of three and a half years with a non-parole period of two and a half years.

66I make the disposal order that is sought.

67All right.  Nothing else?

68MR MOHAMMED:  No, Your Honour.  May it please the court.

69MS LARDNER:  No, Your Honour.

70HIS HONOUR:  Thank you.  Yes, we will adjourn the court.

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