Director of Public Prosecutions v Hubbard (a pseudonym)

[2025] VCC 1298

IN THE COUNTY COURT OF VICTORIA

AT MELBOURNE

CRIMINAL DIVISION

Revised
Not Restricted
Suitable for Publication

DIRECTOR OF PUBLIC PROSECUTIONS

v

BRADLEY HUBBARD (A PSEUDONYM)

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JUDGE:	HIS HONOUR JUDGE WRAIGHT
WHERE HELD:	Melbourne
DATE OF HEARING:	25 August 2025
DATE OF SENTENCE:	8 September 2025
CASE MAY BE CITED AS:	DPP v Hubbard (a pseudonym)
MEDIUM NEUTRAL CITATION:	[2025] VCC 1298

REASONS FOR SENTENCE
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Subject:CRIMINAL LAW – Sentencing.

Catchwords:              Plea of guilty – Common assault – Conduct endanger persons – Causing injury recklessly – Destroying property – Prior criminal history – Family violence – Delay – Complex mental health – Verdins – Reasonably good prospects of rehabilitation.

Legislation Cited:      Crimes Act 1958 ss 18, 23, 197(1); Sentencing Act1991 ss 6AAA, 18.

Cases Cited:Pasinis v The Queen [2014] VSCA 97; Skeats (a pseudonym) v The King [2023] VSCA 226.

Sentence:                  Imprisonment for a period of 3 years with a non parole period of 20 months. Fine of $800 on Charge 6.

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APPEARANCES:	Counsel	Solicitors
For the DPP	Mr M Cookson (Plea) Ms B Yildiz (Sentence)	Office of Public Prosecutions
For the Accused	Mr B Johnston	Vinton Law

HIS HONOUR:

1Bradley Hubbard,[1] you have pleaded guilty to:

(a)   one charge of common assault contrary to Common Law which carries a maximum penalty of 5 years imprisonment (Charge 1);

(b) four charges of conduct endanger persons contrary to s 23 of the Crimes Act 1958 (‘CrimesAct’) which carries a maximum penalty of 5 years imprisonment (Charges 2, 3 ,5 and 8);

(c) two charges of causing injury recklessly contrary to s 18 of the Crimes Act which carries a maximum penalty of 5 years imprisonment (Charges 4 and 7); and

(d) one charge of destroying property contrary to s 197(1) of the Crimes Act which carries a maximum penalty of 10 years imprisonment (Charge 6).

[1] A pseudonym.

2You have also admitted your Criminal Record.

Circumstances of the offending

3A prosecution opening was tendered on the plea and may be summarised as follows:

4At the time of the initial incident, you were 37 and residing at an address in Macedon Ranges Shire.

5The victim in this matter is Mary Hubbard.[2] At the time of the initial incident she was 37 and resided with you at the Macedon Ranges Shire address.

[2] A pseudonym.

6You and the victim were married for approximately 16 years before separating in August 2021. You share three children together, Ashlee[3] born in 2008, Samuel[4] born in 2011 and Gus[5] born in 2013.

[3] A pseudonym.

[4] A pseudonym.

[5] A pseudonym.

7On 12 July 2020, the victim was admitted to the Royal Melbourne Hospital in relation to a fall where she sustained head trauma. Staff observed widespread bruising across her body and she disclosed to staff that she was a victim of domestic violence over the weekend and for the previous six years.

July 2016

8In July 2016, soon after dinner, you and the victim were upstairs arguing.

9You walked over to the victim, picked her up and threw her on the bed. You grabbed the victim around the neck with both hands and squeezed until she could not breathe, for about ten seconds (Charge 2 – part of representative charge).

10Your son Samuel came up the stairs after he heard the banging and called out, ‘stop hurting my mum.’

11You let go of the victim, walked over to the door, opened it and told Samuel, ‘I would never hurt your mum’.

12The victim sustained carpet burn to her knees and bruises to her body. She did not take any photographs.

October – November 2017

13Between October and November 2017 at approximately 4:00am, when the children were in bed, you and the victim were in the kitchen when you got into an argument. The victim mentioned to you that it might be better for you to hang around a different group of friends. You got angry at the suggestion and picked her up, took her to the playroom furthest away from the children’s bedrooms, and closed the door.

14You then grabbed the victim around the throat with both hands and squeezed. You choked her for about twenty seconds to the point she thought she might die. (Charge 2– part of representative charge). The victim was terrified for her life. You left for work.

15The victim sustained bruises particularly to her neck which didn't dissipate for approximately three weeks, a sore head for approximately a month and carpet burn to her knees and elbows. She did not take any photographs of the injuries or of the torn clothing. She threw out a ripped pyjama top.

February 2018

16In February 2018 on a Sunday in the late afternoon, you let your son Gus ride on a motorbike for the first time. Gus did not have proper supervision, and he crashed into the family caravan. The victim was inside the house at the time getting dinner prepared. Gus ran inside crying and the victim tried to settle him. You screamed and yelled at the victim and blamed her for the incident.

17The victim told you Gus was fine, and you were just overreacting. You hit her in the face with the back of your hand which caused her to fall into a wine barrel full of shoes in the doorway. You picked her up and threw her onto the floor. Your children were in the doorway and saw this happen. You walked over to the victim, grabbed her by the hair, and dragged her into the bedroom at least seven metres away and threw her on the bed (Charge 1). You told the victim not to get up.

18The victim got up straight away and walked over to the children to console them. You left the house and drove off in your truck.

19The victim sustained bruises to her arms, knees and legs. She did not tell anyone because she could not take the chance of word getting out about the violence.

May 2019

20In May 2019 at around 8:00pm one night, after the children had been put to bed, you and the victim got into an argument because you believed she was having an affair. You asked the victim to sit in the playroom, which she did. She told you there was no one else but you didn't believe her. You grabbed her tightly around the neck with both hands. The victim began to resist, and you tore her clothes off in the struggle.

21You got a better grip of the victim's neck and lifted her up. You held her so her feet were completely off the floor. You choked her for what seemed to the victim to be a couple minutes. The victim couldn't breathe, her vision went blurry and she involuntarily urinated and defecated (Charge 2 – part of representative charge).

22The children had run up to the glass playroom doors when you first grabbed the victim and saw the whole incident of violence. You put the victim down. The victim ran out of the room and you called out, ‘look what you've done. The kids have seen this.’

23The victim ran upstairs to clean herself up and you left the house. She sustained bruises around her neck for the next three to four weeks.

5 and 6 July 2020

24Between 5 and 6 July 2020 later in the night, you and the victim were sitting on the couch in the lounge room. The victim had recently had surgery to remove two teeth and as such the children were at their grandparents. You and the victim got into another argument because you believed the victim was having an affair. You grabbed her by her head with both hands and dug your thumbs into her jaw where the teeth had been removed.

25You squeezed her head for approximately thirty seconds before you let go, ripped her jumper and walked away. The victim had a go at you because you ripped the jumper that your daughter had bought for her. You came back and ripped the jumper in half.

26The victim walked to the kitchen while you went outside to the shed. You came back inside and walked up to the victim, grabbed her by the throat and choked her to the point she couldn't breathe and begun to black out.

27You let the victim go, told her to sit on the ground and you grabbed a piece of paper and pen (Charge 3). You told her to write the last words to her kids. The victim refused to write on the paper.

28You grabbed a glass bowl of food and threw it, which smashed the bowl into pieces and spread the food on the floor. You picked up the victim and threw her into the hallway where she landed on the ground. You walked up to her, kicked her hard in the back and then slipped on the food. You lost your footing and landed on the ground. You got up and the victim pleaded, ‘enough, please leave me.’

29You left in your truck while the victim stayed on the ground and cried for about half an hour. The victim called her friend Sarah Mason[6] and asked her to come over. The victim told Ms Mason what had happened and they cleaned up the food. Ms Mason left the house and the victim was home alone.

[6] A pseudonym.

30The following morning the victim called Ms Mason and asked her to come over. Ms Mason saw red and purple bruises on the victim’s body and neck. Ms Mason also saw the blood on the walls, the result of an injury to the victim’s head caused by you the previous day. The victim described what had happened to Ms Mason and Ms Mason took photographs of the bruises to the victim’s body.

31The victim made Ms Mason promise not to show or tell anyone. Ms Mason and the victim cleaned the house of the blood. There was blood on every wall (Charge 4).

32On 12 July 2020, you and the children arrived home. The children mentioned to you that the victim was acting weird so you called an ambulance for her. Medical Records confirm that the victim appeared confused and was repeating herself.

33The paramedics arrived and transported her to the Royal Melbourne Hospital where she was advised she may have a severe concussion and bruising on the brain. Medical Records confirm that the victim presented with eye swelling and haematoma with generalised headache and a suspected intracranial bleed. A referral was made to a CT scan of the victim’s brain and facial bones.

34The prosecution do not allege that any concussion or intra-cranial bleeding forms part of the injury for the purpose of Charge 4. The above is included as to the context of the victim’s experience.

8 August 2021

35On 8 August 2021 at approximately 4:00am, you got into an argument with the victim in the upstairs bedroom. You began to throw her around the room and took her into the bathroom. The victim sustained a significant bruise just below her shoulder where it appears you had grabbed her under the arm.

36You grabbed her by the throat and choked her for what felt like 15 to 20 seconds to her. The victim couldn’t breathe (Charge 5). The victim heard you say ‘just give your mum and I some privacy.’

37Everyone returned to their bed as if it was a normal event that happened. The victim slept in the downstairs bed after the assault.

38At approximately 11:00am, you again asked the victim if she was having an affair after she'd called a male friend because she wasn't feeling very well. You asked to talk to her upstairs. You got upstairs and you began to throw her into walls and on the ground. You abused her in relation to the house not being neat enough and you banged your head on the bathroom door until it broke (Charge 6).

39Meanwhile, the children downstairs heard the commotion. Ashlee and her brothers rushed upstairs when they heard you banging something and saw that you were breaking the door with your head. Ashlee saw the victim on the ground and saw some blood. She called Ms Mason and asked her to come to their house. Ashlee saw that you were ‘top angry, the most angry anyone can get’. Ms Mason arrived and heard the bangs upstairs. Samuel stated, ‘don't worry, that's not mum, it sounds different.’

40Ms Mason got upstairs and saw the broken door. You were having a panic attack on the floor and the victim was trying to console you. You continuously apologised for having smashed the door. Ms Mason and the victim helped calm you and put you to bed. Ms Mason and the victim went downstairs to another bedroom where Ms Mason was reassured by the victim and Ashlee that you wouldn't assault the victim again in a twenty-four hour period.

41You woke the victim up around midnight and asked if she was okay and if you could talk. She told you she was fine and didn't want to talk. She got up when she noticed you were in ‘a mood’ and she began to run up the stairs terrified. The victim got halfway up the stairs when you grabbed her by the dressing gown, ripped the sleeve off and then dragged her up the stairs by her hair. You locked the door behind you. You began to throw her against the walls a number of times.

42You grabbed the victim by the throat, squeezed with one hand and choked her to the point she couldn't breathe (Charge 8). The children began to knock on the door and tried to open it.

43You let her go, walked over to the door, opened it and asked the children to give you some privacy. The children went downstairs, and you began packing clothes ready to leave. The victim made herself look presentable before she went downstairs to see the children, where they ushered her into Ashlee’s bedroom and hid the victim behind the door. Ashlee saw that the victim was dripping with blood, and she covered the victim’s mouth to protect her from further violence because that was all she could do. All the children were crying.

44You asked the children where the victim was, and they told you they didn't know. You left in your truck and took the victim's phone with you as you had smashed yours earlier.

45Ashlee called Ms Mason. When she arrived, the group sat down on the couch and talked about what happened. Ms Mason told the victim that she was either calling the police or the victim's father. The victim opted to call her father, Andrew Porter.[7]

[7] A pseudonym.

46Mr Porter arrived between 3:00am and 4:00am and the victim confided in him about the assaults over the years. The victim facetimed her sister, Diane Porter,[8] who took screenshots of her face and blood on her clothes.

[8] A pseudonym.

47The children were put to bed around 4:00am and the elder two told the victim that they couldn't watch you assault her anymore.

48Mr Porter took photographs the next morning of the bruises the victim sustained during the assaults. He took more photographs a couple of days later when another bruise emerged.

49On 11 August 2021, the victim attended the local doctors clinic where she was examined by a doctor. (Charge 7).

50On 11 August 2021, you attended at Royal Melbourne Hospital. Staff became concerned about some of the matters you had raised. Local police officer Leading Senior Constable Chris Botwood was tasked to attend the victim’s home. He spoke to the victim and her father. The victim eventually revealed she had been the victim of significant family violence.

51The victim was too scared at this time to make a statement. LSC Botwood made an application for an intervention order to protect the victim and the children.

52The victim made a statement on 4 November 2021 detailing the assaults. Ashlee and Samuel each participated in a VARE on 1 November 2021.

53You were arrested and interviewed on 31 January 2022 where you made some ‘no comment’ answers and denied causing any injuries to the victim.

Nature and gravity of the offending

54The offending to which you have pleaded guilty relates to six episodes of conduct between July 2016 and August 2021. The offending occurred in the context of your marriage to the victim and when considered together, the offences to which you have pleaded guilty in my view, reflect a serious example of family violence. Mr Johnston who appeared on your behalf conceded that your offending represents serious examples of the charges you have pleaded guilty to.

55I will not repeat the summary of the evidence; however the endangerment charges warrant some consideration. Charge 2 is a representative count and related to three separate incidents. In short, the charge relates to you grabbing the victim around the neck and squeezing until she was unable to breathe. On one occasion the victim was of the view that she might die and on another, her vision became blurry and she lost control of her bladder and bowels.

56Charge 3 also relates to conduct where you grabbed the victims throat and choked her to the point that she began to lose consciousness. Shortly after this conduct you smashed a bowl of food on the floor and continued to assault the victim by throwing her to the floor and kicking her giving rise to Charge 4.

57Charges 5 and 8 are also related to incidents where you choked the victim to the point where she could not breathe.

58The circumstances giving rise to Charge 1, common assault are also very serious. You struck the victim causing her to fall, you then picked her up and threw her to the floor before dragging her by the hair to another room. This was witnessed by your children as were a number of the other incidents.

Victim Impact

59Four victim impact statements were prepared by the victim and your children, which I have taken into account. These statements collectively describe the harrowing impact of your offending.

60The primary victim describes her drained self-esteem, stress and anxiety and her constant state of fear for herself and the safety of her children. She is angered by the terror you inflicted on her children and expresses her sadness for stealing their childhood from them. 

61Each of your children provided an eloquent statement detailing the fear and trauma they experienced as a result of your offending. It is clear that individually, they experience complex anxiety, sleeping issues and stress responses as a result of your offending. They do not recall good childhood memories and are terrified to see you in public. Sadly, your children speak to their individual guilt as they feel they could not protect their own mother and themselves from your offending.

Personal circumstances

62You were born in Hobart in 1978. Your parents are still married and have retired. You have one sister who currently resides in Darwin. Your family remain supportive of you. You currently reside with your parents in a caravan on their property.

63You attended primary school in Tasmania and completed secondary schooling up until year 9. You state you struggled academically and were bullied for your poor academic ability.

64Since leaving school, you have been employed consistently up until recently. You completed work experience at a transport company with your father and worked full time as a fork lift driver following your departure from school at age 15.

65You relocated to Victoria at age 18 to play football in East Gippsland. During this time you maintained employment in various transport companies.

66At age 26, you established your own transporting company, working six days per week. You report you made substantial earnings during this time and your family purchased homes in Yarraville and the Macedon Ranges Shire. The business disbanded following the breakdown of your marriage.  You then maintained employment for a further transport company in the workshop however you have not been employed since late 2022.

67You report that you have been hospitalised twice with brain injuries. Further you sustained an injury at work which required surgery for a spinal infusion. You report that you suffer back pain and are prescribed pain medication.

68You met the victim through your sister in the early 2000’s. You married three years later. You have three children together. You do not have any contact with your three children.

69In 2021 you commenced a relationship with Isabelle Fenton.[9] Together you have a son who is now 15 months old. The Department of Health and Human Services have been involved and your son is currently in your parent’s care. As at 25 August 2025, the Department acknowledge your positive progress is addressing concerns raised by child protection and it was considered appropriate for your child to be returned to your care.

[9][9] A pseudonym.

70You report that you struggle with substance abuse. You report you commenced using stimulants in the context of truck driving in your early thirties and that you commenced using methamphetamine at the time of your back injury. At its peak, you report using 3.5 grams of methamphetamine a week. You report you are currently abstinent although have had periods of relapse.

71You were diagnosed at a young age with depression and diagnosed with ADHD in recent years by your psychiatrist, Mark Schiff who you have engaged with since February 2022. Two letters authored by Dr Schiff were tendered on the plea which detail your complex mental health symptoms including ongoing anxiety, self-esteem issues and difficulties with cognitive focus. He opines that your inability to see your children in combination with your cognitive difficulties is extremely challenging for you.

72You are on a strict medication scheme and report four hospital admissions since 2022 relating to your depressive symptoms. You have attempted suicide on two occasions.

73You attended a 90 day residential rehabilitation program at Arrow Health in 2024 and completed a men’s behaviour change program in 2022. You have completed 13 out of 18 sessions as part of the Caring Dads Program and you are currently engaging with a drug and alcohol worker with Ballarat Community Health.

74Your father and sister provided character references which I have read and taken into account. You are described as a hardworking individual. You have demonstrated a willingness to engage with mental health and rehabilitation supports and your family are committed to supporting you to ensure your life can be turned around.

75You have limited criminal history and have made genuine attempts to engage with rehabilitation programs. Importantly, you continue to enjoy the support of your family and have maintained a positive relationship with Dr Schiff who supports you in your efforts towards rehabilitation. Upon your release from custody, you will have the support of your family and have employment opportunities which will further assist you in your attempts to rebuild your life. 

Sentencing Considerations

76Mr Johnson highlighted a number of matters in mitigation. I first take into account  your plea of guilty. While not a plea at the earliest opportunity, your plea has saved the court the considerable time and expense associated with running a trial and has thereby advanced the course of justice. Most importantly it has spared the victim and your children from having to give evidence and relive these events.

77It was submitted that delay should be given weight. While there is a natural delay as a result of the timing of the complaint, I also take into account the delay between the filing of the charges in 2022 and the ultimate conclusion of the matter. Throughout the criminal process, there have been attempts at resolving the matter and other adjournments. I accept that in that time you have had the burden of this matter hanging over you and that you have taken some steps towards your rehabilitation.

78Turning to your mental health concerns, the evidence from your treating psychiatrist Dr Schiff, outlines that your ‘anxiety and fear’ on the last admission to the Delmont Hospital in July this year reached such sever levels that you came close to emotionally dissociating, resulting in your medications being increased. I accept that in the circumstances your time in custody will be more onerous as a result of your complex mental health concerns and as such Verdins principle 5 is enlivened.

79It was submitted that being away from your infant son while in custody will mean prison will weigh more heavily on you. While hardship was not relied on in the sense that exceptional circumstances can be established, I accept that you will not be present to assist in the care of your son during crucial milestones. That said, your circumstances are not unique and are a common consequence for a person who has committed serious offences and is sentenced to a term of imprisonment.

80Turning to your prospects of rehabilitation I note your completion of the 90 day rehabilitation program in 2024 and a men’s behavioural change program in 2022. You are also currently engaging in a parenting program and further drug counselling. I note however that you have some subsequent criminal matters which relate to breaches of intervention orders related to the victims. While you still are grappling with complex mental health issues, in all the circumstances in my view if you maintain your commitment to rehabilitation your prospects can be assessed as reasonably good.

81Turning to other sentencing considerations, general deterrence is the prominent sentencing consideration together with denunciation of your conduct. Specific deterrence in my view also has some role to play. As noted in oft quoted passage in Pasinis v The Queen:[10]

The effects of family violence are now well documented.  They are not confined to physical injury.  Victims often feel responsible for the violence and ashamed that they were not able to prevent the perpetrator from offending.  As occurred in this case, it is common for victims to deny or conceal that their partners have assaulted them until the violence becomes unbearable… Victims who have been dominated, controlled and beaten by their partners over a significant period experience serious and long‑lasting psychological trauma.  As in the present case, the physical effects of the violence and its erosion of the victim’s confidence can also affect their ability to participate in paid work and have other serious financial effects.

[10] [2014] VSCA 97, [54].

82Further in Skeats (a pseudonym) v The King[11] the Court noted:

Further, the seriousness of family violence and the harm it inflicts is not to be simply equated with physical injury. Family violence is now understood — and defined in law — to encompass behaviour that is physically, sexually, emotionally, psychologically and economically abusive or threatening or coercive, even if such behaviour does not constitute a criminal offence. That kind of behaviour produces situations where people, disproportionately women, live in ‘real and justified fear of men who are, or were, their intimate partners.’ It produces a domestic atmosphere steeped in dread. It robs victims of capacity and agency and also engenders shame.

[11] [2023] VSCA 226, [61].

Sentence

83Mr Hubbard would you please stand.

84Bradley Hubbard on Charge 2, the representative charge of conduct endangering persons you are convicted and sentenced to 2 years imprisonment. On Charges 3, 5 and 8 conduct endangering persons, you are convicted and sentenced to 18 months on each charge. On Charge 1 common assault and Charges 4 and 7, recklessly causing injury you are convicted and sentenced to 12 months imprisonment on each chare. On Charge 6 destroying property, you are convicted and fined $800.

85I direct that 2 months of the sentence imposed on Charges 1, 3, 4, 5, 7 and 8 be served cumulatively on each other and on Charge 2 making for a total effective sentence of 3 years imprisonment. I direct that you serve 20 months before becoming eligible for parole.

86Pursuant to s 18 of the Sentencing Act, I declare that 14 days be reckoned as the period of imprisonment already served under the sentence I have imposed. That does not include today.

87Pursuant to s 6AAA of the Sentencing Act, I indicate that had you not pleaded guilty, I would have sentenced you to a period of 5 years imprisonment with a non-parole period of 3 years.