Director of Public Prosecutions v Harper
[2025] VCC 1208
•21 August 2025
| IN THE COUNTY COURT OF VICTORIA AT MILDURA CRIMINAL JURISDICTION | Revised Not Restricted Suitable for Publication |
CR 25-00575
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| SHAUN HARPER |
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JUDGE: | HIS HONOUR JUDGE M.P. BOURKE |
WHERE HELD: | Mildura |
DATE OF HEARING: | 18 August 2025 |
DATE OF SENTENCE: | 21 August 2025 |
CASE MAY BE CITED AS: | DPP v Harper |
MEDIUM NEUTRAL CITATION: | [2025] VCC 1208 |
REASONS FOR SENTENCE
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APPEARANCES: | Counsel | Solicitors |
| For the Director of Public Prosecutions | Mr F. Cameron | Office of Public Prosecutions |
For the Accused | Mr C. Morgan |
HIS HONOUR:
1Shaun Harper, on indictment Q12341659 you are to be sentenced for one charge of affray, under s195H of the Crimes Act. The maximum sentence is five years' imprisonment. You are also to be sentenced for the summary offence of using a firearm in a dangerous manner, the maximum sentence two years' imprisonment.
2You pleaded guilty before me on 18 August 2025. When interviewed by police on 2 September 2024, two days after the offending, you exercised your right to silence. The matter resolved at a committal mention on 26 February 2025 in the Magistrates' Court. You pleaded guilty to this indictable offence. You had been charged with other offences which were withdrawn. The matter was adjourned, still in the Magistrates' Court, for application by all three of the persons charged for summary jurisdiction in that court. It was granted in respect of co-offenders Rami Spencer and Steven Pappin. It was refused in your case. Your matter was listed for plea hearing at the Mildura County Court sittings commencing on 4 August.
3You receive the benefit of your plea of guilty. It accepts responsibility, facilitates the interests of justice, and expresses remorse. I accept that you are remorseful.
4I bear in mind, as to the timing of the plea, that the matter resolved in the circumstance of offences originally charged not proceeding against you. You had made the offer to plead guilty in the way you have prior to 26 February 2025.
5Your co-offenders were sentenced in the Magistrates' Court as follows. Remy Spencer for one charge of affray, to a fine of $1,200, that on 4 April 2025. Stephen Pappin for affray, assault with a weapon and unlicensed driving, to an aggregate or total of three months' imprisonment on 20 May 2025.
6At your plea hearing on 18 August, Mr Cameron for the Crown tendered a written prosecution opening. Mr Morgan for you tendered the criminal record of your co‑offender, Steven Pappin, and the psychiatric report of Professor Alan Rosen dated 16 January 2025. Other materials were also provided prior to the plea hearing. They included documents and records under the auspices of Marathon Health and a Silverline Health Care in Wentworth, featuring a mental health plan under GP Dr Katie Thompson, and letters of work and character reference by Reese Anderson and Kelvin Sharp of Pickering Transport, your employer. Those materials were tendered this afternoon.
7Representatives of Pickering Transport, your partner, members of your family and others attended court on 18 August in support of you. Some others are here today.
8The circumstances of your offending are set out in the tendered Crown opening (Exhibit A). My own summary may therefore be shorter. It includes matters put on your behalf not challenged by the Crown.
9You had been introduced to drug use in your teen age. There is a New South Wales prior conviction for possession of a prohibited drug in June 2016. This is your only prior conviction. In the years following you seem to have controlled this and functioned relatively well. There were significant periods of abstinence. There was no offending.
10In late 2023, a long-term relationship with the mother of your two children broke down. You lapsed into serious drug abuse, and its antisocial associations. This ran from early 2024 to September of that year when you were sentenced to prison by a New South Wales court. I accept this has the context for this offending before me. You were using methamphetamine heavily at the time and likely on the day of the offences, 31 August 2024.
11After a family violence event between Claudia McLeod and Jade Fell, and then contact by her to you and your partner, Rami Spencer, a plan was hatched to meet and help her get away from Fell. Steven Pappin became involved.
12You drove with Spencer to a parking lot outside Tasco Petroleum on Tenth Street, Mildura. It was about 12.40 pm in the early afternoon. You spoke briefly to Pappin. You put on a balaclava. Pappin gave you some gloves. McLeod and Fell arrived in their vehicles, separately, a short time later. You took a shotgun from your vehicle and moved in the direction of Fell and Pappin, who began to fight. Pappin produced a knife and chased after Fell, at one point making stabbing motions toward him, then partly inside his car. You seemed to have played no direct role in this.
13Fell then moved towards Pappin with a large metal pole, presumably taken from his vehicle. Pappin had moved toward and nearer to you on the side of the road. At this point you fired a single shot, as put in the Crown summary, in an unknown direction. Fell drove away. Shortly after, Pappin entered McLeod's vehicle and drove off.
14Precise intentions of all involved are not clear. What is clear is that it was a drug fuelled, lunatic, but also very dangerous event. It was put on your behalf that you did not know of Pappin's possession and intentions with the knife; that your own immediately formed intention in firing the gun was to end it and protect Pappin. This is not challenged. The disturbing and adverse fact remains that you brought a firearm, apparently loaded or with ammunition closely available, with you.
15There are no victim impact statements.
16You are a 31-year-old man who lives in Curlwaa, on the New South Wales side of the Murray River, with your partner. You share custody of your own children with their mother, and also of your partner's child. Your children are seven and nine, your stepdaughter five years.
17You are an Aboriginal man of the Barkindji people, north of the Murray in western New South Wales. You do not actively identify with that. You grew up in Melbourne with your mother and two stepsiblings. Although your parents separated when you were very young and your family moved often, Mr Morgan describes a stable early life. You have maintained a good relationship with your father. However, there were disabling events including diagnoses of ADHD and conduct disorder. You moved with your mother to Mildura in 2012 and left home at 18. In 2013 at about 19 you suffered a traumatic brain injury in a motor vehicle incident. You received what seems substantial compensation and by that were able to purchase your house. In 2014 you witnessed your cousin's death in a motorcycle accident. You were first at the scene and tried without success to revive him.
18You had struggled academically and left school after Year 9. However, you have functioned relatively well in employment. You did not complete an apprenticeship in agriculture. You then worked in a sawmill and vineyard. In recent years you have worked as a truck driver and yard hand for Pickering Transport. Those work references speak highly of you, and I found the presence of Pickering Transport people at court significant. I also note that random alcohol and drugs screens are required there.
19As I have said, you began using drugs in mid to late teenage and then methamphetamine. The impact of your cousin's death affected you socially and in employment. You moved to Broken Hill and it was there that you began using ice amphetamine. Over time and particularly after your release from New South Wales prison in late 2024, there has been serious alcohol abuse in the way of heavy and damaging binge drinking. I have earlier referred to the period of increase in your drug abuse from early 2024 to September, that is after your relationship breakdown. It presents as a torrid time. During that there were attempts by you at treatment and rehabilitation, described in Professor Rosen's report. They failed, one would have to say largely because of lack of commitment.
20In February 2024 you committed offences including handling and firearm matters, which led to a New South Wales conviction and sentence on 2 September 2024. You committed these Victoria offences before me only a few days before. The New South Wales sentence on 2 September was that of 10 months' imprisonment, effectively with a non-parole period of two months. It is not a prior conviction but has been emphasised on your behalf, as providing the break that has enabled a significant movement toward rehabilitation.
21Since release from prison in late October 2024, you have abstained from drug use. That said, there were very significant alcohol abuse and mental health problems in the early time. These included suicidal thinking, attempt at that, and hospitalisation. Your situation led to consultation with Professor Rosen. Professor Rosen's January 2016 report is not a forensic psychiatric report. It focuses upon more immediate problems of binge drinking and erratic, suicidal behaviour. He makes reference to the stressors and trauma of your earlier life, to your amphetamine abuse, and to feelings or symptoms of depression. He gives an opinion, perhaps tentative, of borderline personality disorder or traits. The significant aspect of your consultation with him is that it led to a mental health plan under care of Marathon Health in Wentworth and general practitioner, Dr Thompson. You have responded well to that. The main diagnosis is for depression. Her 31 March 2025 progress notes state:
Compliant with Fluoxetine (antidepressant) and tolerating it without issue, feeling more positive day to day. No current invasive thoughts. No current suicidal ideation. Remains employed at Pickerings Transport. Reports no issues with working and performing tasks. Sense of accomplishment. Has been engaged with the Buronga Drug and Alcohol and Mental Health Teams for more than nine months, with support workers throughout crisis period. Discharged from their service last week. Now keen to engage with a psychologist to work on longer term gains.
22Mr Morgan states that you are compliant with New South Wales parole. You have an apparently settled domestic and employment situation. You remain drug free. After several months of complete abstinence from alcohol you have recently begun drinking sparingly in social settings.
23My earlier description and comments state serious offending. This includes that the event happened in the middle of the day and in a residential area. Your drug use and dependence is no mitigation. Arguably, it added to the danger and seriousness of what you did. Such circumstances make relevant sentencing consideration and purposes of moral culpability, deterrence, particularly general deterrence, condemnation of your offending and proportionate punishment of it.
24On its objectively seen circumstances, a sentence including some imprisonment is appropriate. That is the Crown submission, albeit, as conceded, without the benefit of the materials and submissions put as to the matters personal to you.
25I find that those are substantial and significantly moderate what your sentence should be. They include the following.
(i)Your plea of guilty and remorse.
(ii)Your personal history and circumstances. That includes your mental health an present treatment of it.
(iii)I find that you have real, perhaps positive prospects for rehabilitation. You have a limited criminal history, although the February 2024 New South Wales matters included firearm offences. You have stable employment, family and other support. You have addressed your drug and alcohol dependence with present success over a period of about six months. You have responded well to that New South Wales imprisonment and its parole. I find genuine steps toward rehabilitation.
(iv) I should apply the here connected principles of delay and totality. The fact of different jurisdictions meant that sentences of you (the New South Wales court and my sentence) have not been able to give you the benefit of some appropriate concurrency. Victoria Police interview of you was delayed until your New South Wales release in late October 2024.
(iv)The principle of parity or disparity is also important. Pappin was sentenced to three months' imprisonment. A comparison of respective roles is not simple. Pappin was markedly the more active aggressor. He used or tried to use his weapon against Fell. On the other hand, having apparently brought the firearm to the scene, you fired it, which irrespective of intention was a very important cause of fear to bystanders. More relevant is the comparison of your prior histories. Pappin's criminal record has been tendered. It states multiple offending in Victoria, Queensland and New South Wales. There are very numerous appearances including for offences of violence against property and in respect of weapons; albeit dishonesty tends to dominate.
26Ultimately, despite the seriousness of offending I have concluded that a community correction order can meet the relevant sentencing purposes. Particularly I see support for you and for your rehabilitation to be important not just for you but also for protection of the community. For example, you present as a fragile person in terms of mental health, capable of erratic dangerous behaviour against both yourself and, as here, others. There is a need, in my view, for both further investigation and mental health support. As I have said, that is in the community's interest. It can be attempted under a community correction order.
27I have received the assessment report of Glen Bellini of Community Corrections. You are found suitable for a community correction order. Stand up, I will sentence you.
28I sentence you as follows.
29On both charges you are convicted and I impose a community correction order of two years duration. The usual terms apply.
30The additional conditions are as follows:
a)That you be under supervision.
b)That you perform 200 hours of unpaid community work. I also order in relation to that, that all program work or therapeutic work can be set off or deducted from those 200 hours.
c)Further, there is a condition that there be assessment and treatment for drug dependence, assessment and treatment for alcohol dependence, and assessment and treatment for mental health.
d)I raised with counsel earlier today, what I saw as the need for a judicial monitoring condition. I will impose that, that there be judicial monitoring. That means at times you are to return to court before me, so that I can also know what your progress is. We will turn in a moment to the first date of that.
31Under s6AAA of the Sentencing Act 1991, had you not pleaded guilty I would have sentenced you to six months' imprisonment and a community correction order upon release of a suitable length.
32There are other orders. I notice there is a disposal order, Mr Cameron?
33MR CAMERON: Yes, Your Honour. I understand that that was already canvased and not opposed.
34HIS HONOUR: All right, well I will sign that in Chambers. Yes, and that's it, is it?
35MR CAMERON: Yes, Your Honour. That's all.
36HIS HONOUR: Yes, all right. Just take a seat for a moment. In fact what you can do is you can come out of the dock and sit opposite Mr Hennessy.
37I will make the first date for judicial monitoring - there is some possibility of me being here in late January. Do you know, Mr Cameron, what the start of the January ‑ ‑ ‑
38MR CAMERON: Next year's circuits?
39HIS HONOUR: Yes, January, February.
40MR CAMERON: I can probably find out pretty quickly, I would have thought.
41HIS HONOUR: Yes. There is usually one from mid-January but I'm not sure. I want to make it about four months from now but it needs to be during a court period. So what's four months from now?
42MR CAMERON: Four months from now is just before Christmas.
43HIS HONOUR: It's December is it?
44MR CAMERON: Yes.
45HIS HONOUR: What's the last day of that sitting in December?
46MR CAMERON: Friday the 4th.
47HIS HONOUR: What day of the week is the 13th.
48ASSOCIATE: Is the 3rd?
49HIS HONOUR: The 13th.
50MR CAMERON: The 13th is a Saturday.
51HIS HONOUR: So I will make it the Friday the 12th. All right, the first judicial monitoring date will be at 10 o'clock here on 12 December. I will explain this further to you in a moment.
52All right, stand up again. I am required to explain this order to you in more detail. It means this. You are on the order for two years, it runs from today till 20 August 2027.
53The usual terms are these:
a)That you do not commit another offence for which you could be imprisoned during that time. That does not mean an offence for which you do get imprisoned, it just means for which you could be. Most offences are punishable by imprisonment.
b)You must comply with the regulation that you do not attend any program or worksite or a meeting affected by alcohol or drugs or in possession of illegal drugs.
c)You must report and receive visits from Community Corrections.
d)You must report to the relevant Community Correction Centre - and I think you know already where that is in Madden Avenue here, within two days of today.
e)You must let Community Corrections know within two days of a change of address or job.
f)You must not leave Victoria without first getting permission to do so and it looks to me as if you discussed that with the person that you assessed you, that is on the other side, so they will accommodate that as long as you do not go far. That was the message that came through to me.
g)You must obey all lawful instructions and directions of Community Corrections.
54Now the special conditions are these:
a)That you perform 200 hours of unpaid community work. Now as to that as I said before all of your hours of program work, which I will come to in a moment, or therapeutic work, can be set off against that, deducted against it.
55I will go on. The further conditions are:
b)You be under supervision of a Community Corrections officer.
c)You undergo assessment and treatment for drug abuse or dependency.
d)You undergo assessment and treatment for alcohol abuse or dependency.
e)You undergo mental health assessment and treatment, as you are directed.
f)Now you must come and see me on 12 December 2025 at 10 am here, but I will be on link from Melbourne.
56All right, now do you understand all of that?
57OFFENDER: Yes.
58HIS HONOUR: Do you agree to it?
59OFFENDER: Yes.
60HIS HONOUR: I will hand this down and get you to sign it, then I will sign it.
61You might have gathered I am a bit worried about this case. How do you think you will go?
62OFFENDER: She'll be right.
63HIS HONOUR: Yes, all right. My advice to you is this. I don't know you very well but don't think you can get through this without help.
64OFFENDER: Yeah.
65HIS HONOUR: The moment you start thinking that, the moment is I suspect you'll be in a bit of trouble.
66OFFENDER: Right.
67HIS HONOUR: All right. Well best of luck with it.
68Thank you, Mr Morgan.
69MR MORGAN: Thank you, Your Honour.
70HIS HONOUR: Good, you can go now.
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