Director of Public Prosecutions v Jiggins

[2022] VCC 2179

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

AT Melbourne

CRIMINAL DIVISION

CR-22-00240

DIRECTOR OF PUBLIC PROSECUTIONS

v

BRADLEY JIGGINS

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JUDGE:	HIS HONOUR JUDGE McINERNEY
WHERE HELD:	Melbourne
DATE OF HEARING:	2 December 2022
DATE OF SENTENCE:	5 December 2022
CASE MAY BE CITED AS:	DPP v Jiggins
MEDIUM NEUTRAL CITATION:	[2022] VCC 2179

REASONS FOR SENTENCE

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Catchwords:   Criminal law – Guilty plea – Aggravated burglary – Causing injury intentionally – Valuable plea – Imprisonment – Community Correction Order – Disposal Order

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms F. Martin	Mr J. Morrison
For the Accused	Ms J. Hession	Ms J. Caust

HIS HONOUR:

1       Mr Jiggins comes before the Court aged 33.  He was 32 when these events took place.  He was born in July 1989.  In this hearing Ms Martin appeared on behalf of the Director and Ms Hession on behalf of Mr Jiggins.  The offences themselves relate to Mr McMaster, who was the victim.  They were sharing a house at Cavendish Street, Broadmeadows, apparently for some time.  The victim was there for only a month.  Exhibit A was accepted by Ms Hession as the facts upon which I am to sentence her client. 

2 The charge of aggravated burglary is a charge under s77 of the Crimes Act 1958 (Vic) for which the maximum penalty prescribed is one of 25 years imprisonment. The second charge in the indictment is cause injury intentionally, this related to the machete attack on Mark McMaster, who was 36 at the time. Such is an offence against s18 of the Crimes Act for which the maximum penalty prescribed is one of 10 years imprisonment.

3       The circumstances themselves, involved this share house where they each had individual rooms.  On this particular evening an argument took place, which began because of what Mr Jiggins essentially felt that Mr McMaster had said to him.  He perceived some form of threat.  The argument ended up outside and across the road when Mr Jiggins swung a machete at the victim.  The victim no doubt was particularly concerned, and at 12:38am on the day of this crime called the police.  He made his way close to home but, unfortunately, albeit the police sent a patrol car, the victim could not be located.

4       The circumstances, unfortunately, continued in Mr Jiggins' perception and when the victim was at home in his own room he was attacked, by Mr Jiggins. 

5       I have already indicated I consider this is a very valuable plea essentially in regard to the aggravated burglary count.  The question of trespass in the circumstances of a share house is a particularly interesting consideration in front of a jury, however, the plea has been made and I accept that.  However, it still remains a valuable plea.

6       As a result of the attack, Mr McMaster suffered a 10-centimetre laceration to his head.  He indicated in his statement that at or around the time of being assaulted Mr Jiggins had said that he intended to kill him.  In the melee the victim picked up a speaker pole and some form of salutary justice was administered to Mr Jiggins, from which he also had to go to hospital, and suffered bruising, abrasions and a fracture of his clavicle.

7       Both in fact, the victim and Mr Jiggins, were taken to hospital after the police were called finally at 2.10am.  They both went to Royal Melbourne Hospital under police guard.  Mr Jiggins was discharged at noon on 26 May.

8       

The agreed days by way of pre‑sentence detention served to date are

375 days, not including today.

9       I have been asked to sign disposal orders which I have already done.

10     Insofar as his priors are concerned, as I indicated during the plea, considering the extent of his mental health issues in his life, the prior sheet submitted, in particular the matter in April 2016 concerning his father, for which he got a CCO, are minimal indeed.

11     Insofar as the plea is concerned of Ms Hession, she took me in her tendered outline, Exhibit 1, to Mr Jiggins' personal circumstances set out at [7] to [22].  In particular, I refer to her comments as to him under the heading of Mental Health.  She noted that he first had contact with mental health professionals when he was in his mid-20s.  He first saw a private psychiatrist for a period of seven years between 2012 to 2019, but no contact in the period 2019 to 2021.  At the time he was treated with mood stabilising and antipsychotic medication.  He has had five voluntary admissions to inpatient psychiatric units between 2012 and 2018.  He had limited contact with health professionals during 2020 and 2021 and unfortunately, in particular, he had not been taking his medication prior to this offending.

12     

Insofar as the plea was concerned, it relied very much upon the evidence of

Dr Darjee.  Dr Darjee's report is Exhibit 3, and is dated 24 November 2022. I want to go to that report because it relies upon Verdins [2007] VSCA 102, [32] principles, in particular the first four principles. I note the professional manner in which the prosecution have approached this matter and there is no issue with the applicability of those principles. However to understand that, it is necessary again to go to the report itself.

13     

I note at p3, [16], he described problems with other prisoners since he was remanded, stating he has been threatened.  Some of them wanted to stab him and he was getting blamed for things that he had nothing to do with.  He had had some punch‑ups and he had concerns as to the manner in which he was treated.  He has moved through various sections and indeed went to the

Ravenhall Correction Centre, which is a sub-acute inpatient mental health unit, from May to August 2022.

14     At [17] the doctor opines as follows:

'A psychological assessment [that is the reference to Dr Lechner's report] raised the possibility of autism spectrum disorder, found him to have mild borderline personality disorder symptoms, and probable paranoid personality disorder.'

15     

Insofar as his own diagnosis was concerned, having had the benefit of seeing Dr Lechner's report, which has also been tendered to the Court and is

Exhibit 2, dated 17 June 2022, Dr Darjee opined as follows, in particular at [24]:

'In terms of diagnosis it's my view that he has complex post-traumatic stress disorder (CPTSD) and a moderate to severe personality disorder, paranoid borderline and schizo-typical features.  When under stress (for example, when he feels threatened) or when he takes substances he is vulnerable to becoming acutely paranoid and persecutory and self-referential beliefs bordering on delusions.'

16     Going through to the top of p6 of the report, being [25], he says as follows:

'He meets the criteria to moderate to severe personality disorder.  He is suspicious, untrusting, reads hidden meanings into things, and reacts defensively.'

17     [26]:

'His personality disorder and his CPTSD are chronic conditions.  However, avoiding substances and treatment with medication have lessened his paranoia and psychotic-like symptoms.  These will both be important in terms of his prognosis.  He would benefit from psychological treatment to address his chronic trauma response, his poor perception and the dysfunctional way of perceiving others and the world.'

18     Mr Jiggins, I am sorry for reading out lengthy medical reports, but I repeat again, it is so important for you, as no doubt you have been told by your family, to ensure you stay on your medication.

19     OFFENDER:  Yes, Your Honour.

20     HIS HONOUR:  All right?

21     OFFENDER:  Yes.

22     HIS HONOUR:  [26] says as follows:

'The conditions described above were clearly relevant and causative in terms of the current offences.  If he did not have CPTSD and personality disorder he would not have perceived the victim the way he did or reacted the way he did.  He reacted to innocuous comments.'

23     Finally at [28]:

'Due to his mental health conditions he has significant problems in his interactions with other prisoners.  He feels threatened.'

24     And I will not go through that again.  As I say it is the joint view of counsel, and I thank the prosecution for its professional approach, that Verdins 1, 2, 3, 4 principles apply in this case and it seems to me, given the report, that is correct.

25     It is also appropriate to take into account the evidence of Dr Darjee as to the impact of his condition while in gaol. I take into account that him being sent to gaol will be far more onerous than to other persons.  It is indeed not a pleasant feature of this occupation to send persons who have mental issues to gaol, and it is certainly the intention of the Court to ensure that that period of immediate imprisonment is the least possible.

26     Ms Hession also in her plea spoke to the principles that relate to the plea of guilty, the factors that indicate remorse on Mr Jiggins' behalf, the fact that such a plea assists justice and ensures that there was no need for the victim to be called.  I should indicate that there is no victim impact statement.

27     Ms Hession also relied upon the principle of Worboyes [2021] VSCA 169, [39], where a more pronounced amelioration of sentence is appropriate in the times that the Courts are going through. Insofar as her ultimate plea, she sought a combined sentence and, as a result thereof, the report that we made Exhibit 3 today, was received. That report was a positive report, as I said. Again, I thank Mr Dhillon for that report. The assessment was one which was positive in the sense that Mr Jiggins was found suitable for the order.

28     It is also important, and I hope that this can work, that suitable accommodation is now to be provided by his family.  I know that the family have been more than supportive and I hope, Mr Jiggins, that you comply by all the rules - - -

29     OFFENDER:  Yes, Your Honour.

30     HIS HONOUR:  - - - because it is in your favour to be at home being looked after by your mum, having your brother there and your father.  All right. 

31     

The recommendations made are what seems to me totally appropriate.  And, Ms Hession, in regard to that do I understand your client would accept the

- and I think he has already indicated by his advice to the officer, but the conditions set out relating to treatment, rehabilitation essentially as to drugs, alcohol, mental health and reduce offending.

32     MS HESSION:  Yes.

33     HIS HONOUR:  And in addition to supervision.

34     MS HESSION:  Certainly he consents to that order.

35     HIS HONOUR:  Yes.  All right.  Yes, Mr Jiggins, if you would stand, please.

36     In this matter you will be sentenced to a combined sentence.  It seems to me that a sentence in your circumstances is exactly what Boulton [2014] VSCA 342 was about.

37     I have determined to sentence you to a period of imprisonment of one year and four months, to be followed at the end of that period of immediate gaol by a Community Correction Order of two years. 

38     The PSD of 375 days obviously will be recorded and declared as time that has already been served and it will be declared as part of this sentence.

39     The question of s6AAA is always difficult when you are dealing with people with Verdins factors.  Clearly, had there been no Verdins factors in this case there would have been no CCO.  It is very difficult to concentrate on one figure only, but, doing as best I can, had Mr Jiggins not pleaded guilty to these crimes he would have been sentenced to a period of imprisonment of four years imprisonment with a minimum period of three years. 

40     Mr Jiggins, it is important for me to tell you that Parliament requires me to indicate to you the benefit of you pleading guilty.  That benefit is that you have been sentenced by me to serve an aggregate sentence of one year and four months, which will mean that it will not be all that long until you will be able to leave prison.  Then you must comply with the Community Correction Order for a period of two years thereafter.  The best way you are going to comply is to stay at home and stay on your medication.

41     OFFENDER:  Yes, Your Honour.

42     

HIS HONOUR:  But to assist you in that there are also a number of conditions which will be part and parcel of the Community Correction Order, and that is provided by the Department of Corrections, whereby you will get assistance to overcome your drug and alcohol problems, get assistance with your mental health and with making sure you do not reoffend.  As I said the other day, given your background you come before the Court with a minimal amount of trouble and the important thing now is to make sure you do not get into any more trouble.  This was a dangerous risk for you.  You could have been in much more serious trouble, if I can say that, and so it is important to benefit from this.  All right.  Ms Hession will tell you the precise details.  But,

Ms Hession, is there anything that I need to detail that I haven't in regard to this sentence?

43     MS HESSION:  No, Your Honour.  Certainly if I can have the opportunity to go with Mr Jiggins when he signs that order I can explain the consequences.

44     HIS HONOUR:  Well, you can do that - well, I'll just check with the prosecutor.  Ms Martin?

45     MS MARTIN:  I just wondered whether Your Honour was going to make a specific order about the number of hours Mr Jiggins needs to complete as part of the order in terms of the - - -

46     HIS HONOUR:  I'm not setting - and they didn't actually seek hours, did they?  This is purely therapeutic.

47     MS MARTIN:  Yes, Your Honour.

48     HIS HONOUR:  Yes.  If you'd like to check with your client just to clarify things with him before he goes away.

49     MS HESSION:  Certainly.

50     HIS HONOUR:  Ms Hession, if you remain there we'll print the order and you can explain it to your client. 

51     Mr Jiggins, as I said to you, it doesn't give the Court any joy in giving you more gaol, but the fact is that you're before the Court for very serious offences.  Given the circumstances the Court has been able to give you a sentence which hopefully therapeutically will assist you, but there's only one way that you're going to make sure that you don't get into Court again and that's up to you.  All right?  No drugs and stay on your medicine.  Most important.

52     OFFENDER:  Yes.

53     HIS HONOUR:  In the nicest way I don't want to see you before me again.  All right?  Yes, Mr Jiggins can be taken away.  Sorry, everything okay? Just one second, Mr Jiggins.

54     MS MARTIN:  I just missed whether Your Honour recorded a conviction.

55     HIS HONOUR:  Well, if I didn't I did.

56     MS MARTIN:  It goes without saying.  Yes, thank you, Your Honour.

57     HIS HONOUR:  Yes, thank you, Mr Jiggins.  Good luck.

58     OFFENDER:  Thank you, Your Honour.

59     HIS HONOUR:  Right.  Thank you, members of the Jiggins family, for your assistance.  Let's hope things go well.  Right.  Yes.

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