Director of Public Prosecutions v Hope

[2025] VCC 406

IN THE COUNTY COURT OF VICTORIA

AT MELBOURNE

CRIMINAL JURISDICTION

Revised

Not Restricted

Suitable for Publication

CR 24-01190

DIRECTOR OF PUBLIC PROSECUTIONS

v

ANGUS HOPE

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JUDGE:	HER HONOUR JUDGE QUIN
WHERE HELD:	Melbourne
DATE OF HEARING:	25 September 2024, 17 December 2024, 21 March 2025
DATE OF SENTENCE:	3 April 2025
CASE MAY BE CITED AS:	DPP v Hope
MEDIUM NEUTRAL CITATION:	[2025] VCC 406

REASONS FOR SENTENCE

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Subject:  CRIMINAL LAW

Catchwords:             Charges of Causing serious injury intentionally, Causing injury recklessly, Theft

Sentence:Total effective sentence of 4 years and one month.  Non-parole period of 2 years.

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr A. Hodgeman	Office of Public Prosecutions
For the Accused	Ms F. Banihali	Victoria Legal Aid

HER HONOUR: 

1Angus Hope you have pleaded guilty to offences with maximum penalties as noted:

i.Causing serious injury intentionally, 20 years’ imprisonment.

ii.Causing injury recklessly, 5 years’ imprisonment.

iii.Theft, 10 years’ imprisonment.

2You have also agreed to have dealt with by me and plead guilty to one related summary offence, Possession of a controlled weapon (Charge 6), one year imprisonment or 120 penalty units.

3Intentionally causing serious injury is a Category 2 offence under the Sentencing Act 1991 and a custodial penalty is required. Pursuant to s5(2H) of the Act, the Court must impose a custodial penalty, unless the circumstances set out in sub sections (a) – (e) exist.

4The circumstances of your offending are set out in the Summary of Prosecution Opening for Plea Hearing dated 3 September 2024 (Exhibit A) and can be summarised as follows:

5At the time of your offending, you were 20 and living with your girlfriend Makeisha, and her parents Daryl Wise and Kerry Leon, at their house in Mill Park.  At about 2:00 pm on 8 August 2023, you entered the parents' bedroom and confronted Mr Wise, saying you wanted to speak to him, you were armed with a large kitchen knife.  He tried to push you out of the bedroom but was unsuccessful.  Ms Leon was also in the room and saw the attack.

6You pushed Mr Wise to the chest, forcing him back into the bedroom, then stabbed him to the chest, causing him to fall back onto a couch.  You persisted in telling him to come out and talk to you but he refused and you still had the knife.  You continued to stab him multiple times with the knife whilst he remained on the couch.   At some point, he managed to crawl towards the TV cabinet on the other side of his bedroom, while you continued to stab him with the knife.  He covered his face with his hands to protect it and continued to tell you to leave him alone.  He thought he was going to die and recalled feeling the knife going into and out of his throat.

7Makeisha heard screaming and yelling and went to the bedroom where she saw her father on the floor.  Makeisha tried to prevent you from stabbing him and tried to put herself between you, though you insisted you wanted to continue.  Ms Leon also told you to stop, and saw you stab Mr Wise over 10 times in the area of his head, throat, chest and ribs. She was scared and tried to grab the knife off you which caused cuts to her finger and above her eye (Charge 2, Recklessly cause injury).  You did not let go of the knife and said words to the effect that 'He raped me…God wants me to do this…God wants me to kill him…God wants you to be happy Kerry'.

8The attack lasted for approximately five minutes.  At some point, you stopped stabbing Mr Wise, and you told Ms Leon to call the police, though you changed your mind and took her phone away. 

9You soon left the house with Makeisha.  Ms Leon ultimately went to a neighbours to call the police.  She was scared that you would come back to the house and began to have an asthma attack.

10In response to the Triple 0 call, paramedics and police attended.  Paramedics observed Mr Wise to have multiple stab wounds on the left side of his body to his neck, chest, abdomen, upper arm, temporal region, lower back and thorax. His condition was deemed critical, and he was conveyed to the Royal Melbourne Hospital.

11Upon arrival at hospital, in addition to the stab wounds on his left side,
Mr Wise was observed to have suffered stab wounds to his right buttock and eyebrow. A CT scan and medical assessment of Mr Wise revealed injuries that included:

a)A stab wound to the upper left abdomen which was found to have internally penetrated both the front and back of his stomach. A further internal laceration was discovered to the liver, which required immediate medical attention. This injury was treated with critical emergency surgery on 8 August, in which tears to Mr Wise's stomach and liver were surgically repaired, and stab wounds to his left abdomen, flank and chest were surgically closed.

b)A stab wound to the left arm that damaged muscles in two areas.   This injury was treated in a separate surgery on 12 August which addressed, and surgically repaired, the two tears.

c)A stab wound to his right eyebrow caused a small blood clot to the right temporal muscle and chipped a piece of his skull bone. 

d)There was nerve damage and impact on eye as a result of stab wound to the neck.

12Mr Wise remained in hospital from 8 – 15 August. The various stab wounds to Mr Wise's body which were not the subject of surgery on 8 and 12 August, were separately closed with sutures on 9 and 18 August.

Arrest and interview

13You and Makeisha ran to the nearby Rivergum Shopping Centre after leaving the house.  You are captured on CCTV entering the shopping centre, wearing no shoes and with blood on your clothing. The knife used in the attack is visible on the CCTV footage, sticking out of the pocket of your pants. Upon seeing you, multiple staff at the shopping centre called Triple 0.  You took three bottles of water from the supermarket at the shopping centre, before walking outside the store and making no attempt to pay (Charge 3, theft).   You then sat on a bench outside the store with Makeisha, before entering again and asking an attendant for a bucket, as you thought you were going to be sick.  You were given a bin, and you returned to the bench outside the store. A witness approached you and asked you to place the knife inside the bin, which you did.

14Police soon attended and seized the knife and bin. You were treated for injuries to your hand.  You were arrested then assessed by Dr Prakash from Victorian Institute of Forensic Medicine via telephone and were deemed not fit to be interviewed.  You were remanded in custody.

Victim impact statement

15Victim Impact Statements were filed on behalf of Mr Wise and Ms Leon.  Clearly this incident has had a significant impact on them, particularly Mr Wise with very serious physical injuries as outlined above.  Further he states his relationship with Makisha has become more troubled.  He has not fully recovered from the physical injuries he sustained, and the psychological impact has been significant.  He thought that he was going to die as a consequence of your attack on him.  He has great difficulty trusting others, he is reluctant to go out and is angry, hurt and anxious experiencing sleep issues and social isolation.

16Ms Leon states that you have put her and her family through stress and trauma, particularly the worry associated with the survival of Mr Wise, given the extent of his injuries.  Her relationship with her daughter Makisha has been affected.  She has difficulty trusting others and feels unsafe in her home where this took place.  There was also significant property damage. The incident has left her feeling very sad, very hurt, and angry.  She feels anxious, has panic attacks and depression.

Personal Circumstances

17I received the following material on your behalf, some of which was relevant to the issue of whether you were suffering from a mental impairment at the time of the commission of this bizarre, though very serious offending. 

18Additionally, some material was obtained after the initial plea hearing relating to accommodation options for you in the community.  I received the following:

i.Report from Anthony Ferrieri psychologist dated 23 June 2021;

ii.Report from Associate Professor Danny Sullivan, psychiatrist dated 5 April 2024;

iii.Report from Dr Laura Anderson, neuropsychologist dated 11 September 2024; 

iv.Letter from Kim Metzler, Employment Case Manager, YMCA Bridge Project dated 12 September 2024.

v.Letter from Angus Payne, Disability Justice Coordinator, Forensic Disability Services, Department of Families Fairness and Housing dated 20 March 2025.

19You are currently aged 22 and are still a relatively a young man with an Aboriginal background.  I was informed that your father is Aboriginal though he left the family home when you were quite young. You only discovered your heritage when you were at high school, and you have only limited knowledge of your mob's culture and background. You are one of four siblings, you have two older brothers and a twin sister. 

20You grew up in West Heidelberg and were schooled until Year 10.  You were good at football and played in the local competition.  You commenced a plumbing course at TAFE when you left school, though were expelled for poor attendance. 

21You began a relationship with Makeisha when you were about 16 and she was 15.  I understand that you have not had contact with her since this offence.

22You commenced drinking alcohol when you were about 15, soon thereafter you started using cannabis, usually mixed with tobacco.  You informed Associate Professor Sullivan that you had used magic mushrooms approximately six times before this incident, and experienced visual misperceptions and fearful experiences upon use.  You have also used pills such as Xanax and MDMA

23You have no prior convictions and this is the first period of time you have spent in custody.  You have spent 604 days or approximately one year seven months in custody You were aged 20 at the time of this offending and at 22, though not a young offender as that term is defined in the Sentencing Act, are still a young age in this jurisdiction.

24You were diagnosed with an intellectual disability in 2021 and have been on a Disability Support Pension since that time – you have never been employed.  It would not appear that other than in receipt of the pension, that you have received any other community support.  Mr Ferrieri opined that on the evidence presented to him in 2021, including your history, cognitive and adaptive behaviour assessment results, that you presented with a mild intellectual disability.  The validity of this assessment, or as to its application to your current presentation, was raised by both Associate Professor Sullivan and Dr Anderson.

25I note the psychiatric history as set out in Associate Professor Sullivan's report and in Dr Anderson's report. You have never been diagnosed with any significant mental health disorder or major mental illness.

26As to this offending Associate Professor Sullivan opined:

I do not consider that his behaviour is attributable to a mental illness.  The genesis of his delusions and hallucinations related to his significant substance use.  His psychotic episode was acutely induced by the consumption of magic mushrooms on a background of heavy cannabis use.  There was no preceding or subsequent evidence of schizophrenia or other mental disorder underlying this.  Intellectual disability was not associated with this offence and did not appear to impair his awareness of the nature and quality of his conduct or ability to reason as to its wrong fullness.

27He did not consider there to be a mental disorder causally associated with the assault on Mr Wise, apart from drug induced psychosis.

28Further, Associate Professor Sullivan opined there was no indication that the mental disorder weighed more heavily upon you in custody.  That was so, given the drug induced psychosis had resolved, that you were being maintained in a mainstream setting, you were not requiring psychotropic medication and you were managing adequately in custody (see [79] and [82] of Associate Professor Sullivan's report).

29As to your current level of intellectual disability, Dr Anderson opined:

That whilst [your] developmental history and your previous cognitive assessment results were supportive of a diagnosis of an intellectual disability, that [your] current performance on neuropsychological assessment demonstrated some significant variability, including areas of significant strength, that in [her] opinion, were not commensurate with the global reductions required for a diagnosis of intellectual disability.  

30She agreed with Assoc Professor Sullivan's assertion that perhaps chronic drug use at the time of the previous assessment (that is in 2021) confounded your test performance. However, she did note that there was clear evidence that you continue to meet the criteria as outlined in the Disability Act for an intellectual disability, and the appropriateness of you utilising forensic disability support services.

31Given that it was agreed that you had an intellectual disability for the purposes of the Disability Act, I ordered and obtained the following reports:

i.Justice Plan dated 9 December 2024;

ii.Disability overview dated 10 December 2024;

iii.Mental Health Advice Referral Service dated 17 December 2024; and

iv.Community Correction Order assessment dated 17 December 2024.

32When the matter was due to return before me in December last year the parties agreed to a further adjournment in order to clarify possible accommodation arrangements for you in the community.

33I have considered this additional material along with the recent letter from Mr Payne. 

34I was informed on the last plea hearing date that no accommodation was available through Forensic Disability Services, though Mr Payne would continue to advocate through different community housing sources to secure you accommodation.  No concrete plans were able to be made as to future availability.  Your mother, who was also at Court, indicated that you could reside with her, but that was only on a short term basis, or as she indicated for 'a few weeks'.     

Plea of guilty

35I take into account that you pleaded guilty at an early stage.  Your plea is indicative of acceptance of responsibility for this offending.  No witnesses were required to relive this traumatic incident, and you have by your plea facilitated the course of justice.  Your plea is also indicative of remorse. 

Youth

36I take into account your age and that this is your first time in custody.  The principles in Mills regarding sentencing of young offenders have some application.

Rehabilitation prospects

37Clearly your rehabilitation prospects depend upon you engaging in treatment for drug abuse and effectively utilising disability supports.  Other matters that auger well for your rehabilitation include:

·Your plea of guilty;

·Your lack of prior convictions and this period and experience of custody;

·Support from your family and disability services;

·Your relative youth.

38However, it is of concern that it is noted in the CCO Report dated 17 December 2024, that there have been recorded seven incidents relating to you being in possession of illicit substances and refusing to complete random urine analysis testing whilst you have been in custody.  I was informed you have undergone a screen in the last two months which was negative though I was not provided with any documentation. 

Objective seriousness

39The maximum penalty for intentionally cause serious injury and its categorisation under the Sentencing Act with mandatory imprisonment reflects how seriously Parliament views this offence.

40It is fortunate that both Mr Wise and Ms Leon were not much more seriously injured. Your drug fuelled assault on them with a weapon, in their own home, was terrifying. The physical and psychological impact on them has been significant.  Your attack on Mr Wise was ferocious with multiple stabbings over a period of approximately five minutes.  The attack occurred in the presence of Ms Leon and Makeisha both of whom were pleading for you to stop.  Your attack was unprovoked, and Mr Case [sic] had little ability to defend himself.

Operation of the mandatory sentencing scheme

41The test under s5(H2) is clear in its wording, although matters relied upon by your counsel are highly relevant to the sentencing exercise.  Those matters were that you are an intellectually disabled young offender with an aboriginal background. That you have no prior matters and that this was your first time in custody.  I am not satisfied that those factors, either individually or in combination, overcome the statutory threshold.

Sentencing principles

42The circumstances of this offending involve your ingestion of drugs and consequently an unprovoked attack on a person with a weapon, meaning community protection, denunciation, and general deterrence are important sentencing considerations. Specific deterrence has less relevance given your age and lack of priors however, clearly it is necessary for you to address your drug and mental health issues.  These matters need to be balanced against matters in mitigation including your personal background, plea of guilty, mild intellectual disability and youth.

Sentencing submissions

43Your counsel submitted that I should impose a combination sentence.  As noted, I do not accept that the evidentiary burden had been discharged. The prosecution submitted the only appropriate sentence to impose was a head sentence with a non‑parole period and I agree. 

44If you could please stand up, Mr Hope.

45In relation to Charge 1, intentionally causing serious injury, you are convicted and sentenced to a term of imprisonment of four years.

46In relation to Charge 2, recklessly cause injury, you are convicted and sentenced to a term of imprisonment of three months.

47In respect of Charge 3, theft, you are convicted and discharged.

48In relation to the summary offence, you are convicted and sentenced to a term of imprisonment of one month.

49One month of the sentence imposed on Charge 2 will be cumulative on the sentence imposed on Charge 1, giving a total effective sentence of four years and one month.

50I set a non-parole period of two years.

51I understand as at this date there are 604 days pre-sentence detention, which is approximately one year seven months and 20 days.

52Pursuant to s6AAA of the Sentencing Act 1991, I would have sentenced you to a term of imprisonment of six years with a non-parole period of four years if you had not pleaded guilty to this matter.

53Are there any other matters?

54MR HODGEMAN:  I believe there's a draft disposal order with the court.

55HER HONOUR:  Yes, I will make the disposal order in the terms that was provided.

56MR HODGEMAN:  Yes, Your Honour.

57HER HONOUR:  Thank you.  I will stand down.

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