Director of Public Prosecutions v Hansen

[2015] VCC 13

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR-14-02029

DIRECTOR OF PUBLIC PROSECUTIONS

v

YAIDEN-BEAU HANSEN

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JUDGE:	HIS HONOUR JUDGE DEAN
WHERE HELD:	Melbourne
DATE OF HEARING:	22 January 2015
DATE OF SENTENCE:	22 January 2015
CASE MAY BE CITED AS:	DPP v Hansen
MEDIUM NEUTRAL CITATION:	[2015] VCC 13

REASONS FOR SENTENCE
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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms A. Kapitaniak	OPP
For the Offender	Ms C. Woodward	Victoria Legal Aid

1HIS HONOUR: Yaiden‑Beau Hansen, you have pleaded guilty to one count of aggravated burglary contrary to s.77(1) of the Crimes Act 1958. The maximum penalty for that offence is 25 years imprisonment or a fine of 3000 penalty units.

2You have also pleaded guilty to one count of intentionally causing injury contrary to s.18 of the Crimes Act 1958. The maximum penalty for that offence is 10 years imprisonment or a fine of 1200 penalty units.

3You pleaded guilty at a directions hearing in this court on 12 December 2014 and I have taken your early plea of guilty into account in your favour in mitigation of sentence.  Furthermore, in my opinion, your plea of guilty is evidence of remorse for your offending. 

4You have admitted a limited criminal history in relation to two court appearances in the Magistrates' Court at Ringwood on 4 March 2014 in relation to offending in respect of your current partner and a further court appearance on 17 July 2013 in respect of intentionally damaging property, which your counsel submitted concerned a broken window. 

5Your prior criminal history is, therefore, of limited significance for sentencing purposes in this instance. 

6A summary of prosecution opening was read to court and tendered in evidence and your offending may be summarised as follows:

7On 10 July 2014 you were in company with your partner, Rachelle Slater, who was pregnant at the time.  You had been in a relationship with her since October 2013 but in March of 2014 you two separated for a short time.  During that period of separation Ms Slater had a short relationship with a former boyfriend of hers, Christopher MacDougall, who was also known to you, but only in a limited way. 

8On 10 July 2014 it would appear that you were both experiencing relationship difficulties and prior to this  Ms Slater had revealed to you that she had spent a night with Mr MacDougall whilst you two were separated.  This revelation had undermined your sense of security in your relationship and ultimately on 10 July 2014 you decided to confront Mr MacDougall. 

9You drove to his house after requiring Ms Slater to show you where it was.  You entered his house at approximately 10 a.m. that morning.  He was present, having just got out of bed.  You confronted him and punched him a number of times to the face.  As I observed during the course of the plea hearing, you are a tall, well‑built man and your assault upon Mr MacDougal caused a fracture to a facial bone and the loss of some teeth. 

10Your assault upon him was a serious example of the offence of intentionally causing injury and also a serious example of the offence of aggravated burglary.  Your victim suffered a significant facial injury and no doubt was also deeply traumatised by your attack upon him. 

11You were arrested by investigating police and made full admissions when questioned by them. 

12Following your interview you were charged and remanded in custody for a period of four days.  No doubt this period in prison gave you cause to reflect on your criminal behaviour. 

13Offending of this type is plainly serious and the sentence I impose must be calculated to deter you and others from offending in this serious way.  Furthermore, you must also be punished for what you did. 

14I now turn to your personal circumstances.  You were born on 8 February 1994 and are 20 years of age.  You are, accordingly, a young offender, and were so at the time of your offending. 

15You have three siblings; two stepsisters from your mother's previous relationship, together with an elder sister who is 26 years of age.  During your childhood you were exposed to alcohol and drug use by your father who was also physically abusive towards your mother.  You attended a number of different primary and secondary schools due to your parents relocating.  Despite your disrupted childhood, you were nevertheless able to complete Year 12 at TAFE and have completed a pre‑apprenticeship course. 

16You do not have a significant alcohol or drug history, although you instructed your counsel that you do use cannabis from time to time. 

17I have received in evidence a psychological report of Dr Shannon Lamkin, who describes statements made by you during sessions with her as follows:  "Yaiden attended two sessions in which he described a history of angry outbursts since childhood.  He reported that these outbursts occurred impulsively when provoked and could include both verbal and physical abuse to others.  Yaiden acknowledged that his anger was often disproportionate to the situation." 

18It is plain from the contents of Dr Lamkin's report that you have an underlying psychological condition that requires ongoing treatment and support and that this condition contributed to your offending in this instance. 

19In my opinion, the principles enunciated by the Court of Appeal in R v. Verdins (2007) 16 VR 269 are engaged in your case. In particular, as Dr Lamkin states, in all probability you are suffering from an intermittent explosive disorder, which condition has been in place since you were a child, and is no doubt related to the abuse you observed carried out by your father. You need treatment, as I have said, and ongoing support for this condition.

20In November 2014 Ms Slater gave birth to the child that she was pregnant with at the time of your offending.  The child was born at 30 weeks gestation and required extensive treatment and hospitalisation following her birth.  She is now living at home and you all reside with Ms Slater's mother who is providing you with ongoing support. 

21I have received in evidence a number of character references attesting to the fact that you would appear to be responding well to the responsibilities you now face.  In my opinion, your prospects for rehabilitation may properly be described as good. 

22In all the circumstances of this case, it was appropriate that you be assessed for a Community Corrections Order and I have received a report from the assessing officer stating that you are suitable to be placed on such an order.  In my opinion, the purposes for which this sentence is to be imposed will be best achieved by you undertaking such an order. 

23Do you agree to entering into an order for the period of 18 months conditional upon you seeking treatment and rehabilitation for drug use, seeking treatment and rehabilitation for your mental health issues and seeking treatment and rehabilitation in respect of programs to reduce re‑offending, and being under the supervision of a Community Corrections officer for the period of the order?

24OFFENDER:  Yes, Your Honour.

25HIS HONOUR:  In the result, the sentence of the court is as follows:

26In relation to the two charges on the Indictment you are convicted and sentenced to a Community Corrections Order for a period of 18 months on the following core conditions.  You report to the Lilydale Community Corrections Services Centre within two clear working days of the making of this order; you not commit an offence punishable by imprisonment during the period of the order; you comply with any obligation or requirement proscribed by the sentencing regulations; you report to and receive visits from the delegate of the Secretary of Corrections Victoria; you advice a Community Corrections officer within two clear working days of you changing your address or employment; you not leave the State of Victoria without the permission of the delegate of the Secretary and you obey all lawful instructions of the delegate of the Secretary, and on the further special conditions that you be under the supervision of a Community Corrections officer for the period of the order; you undertake mental health assessment and treatment during the period of the order; that you undertake assessment and treatment for drug addiction during the period of the order and you undergo programs to address your offending, in particular anger management and mens' behavioural programs.  

27I will just have that order reproduced and when that is done you can come forward and sign it. 

28I have made the ancillary orders sought on behalf of the prosecution. 

29There is no order for a term of imprisonment and so it is not necessary to make a s.6AAA declaration? 

30MS KAPITANIAK:  Yes, Your Honour.

31MS WOODWARD:  Yes, Your Honour.

32HIS HONOUR:  I have made the s.464ZF order as well. 

33Mr Hansen, that requires you to provide a forensic sample to the officer‑in‑charge of the Mooroolbark police station within 28 days from the making of this order.  That will involve a scraping from the inside of your mouth.  Police are entitled to use reasonable force in order to obtain that, and so plainly you need to cooperate with them for that purpose. 

34You can now come forward and sign the CCO, please.  My associate will provide you with a copy of that.   There are no further orders required? 

35COUNSEL:  No.

36HIS HONOUR:  Adjourn the court.

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