Director of Public Prosecutions v Johnson, Caycee Lee and Menzies, David John
[2012] VCC 2016
•21 November 2012
| IN THE COUNTY COURT OF VICTORIA | Revised Not Restricted Suitable for Publication |
AT GEELONG
CRIMINAL DIVISION
Case No. CR-11-01383
CR-11-01384
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| CAYCEE LEE JOHNSON DAVID JOHN MENZIES |
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JUDGE: | HER HONOUR JUDGE CAMPTON | |
WHERE HELD: | Geelong | |
DATE OF HEARING: | 21 November 2012 | |
DATE OF SENTENCE: | 21 November 2012 | |
CASE MAY BE CITED AS: | DPP v Johnson, Caycee Lee & Menzies, David John | |
MEDIUM NEUTRAL CITATION: | [2012] VCC 2016 | |
REASONS FOR SENTENCE
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Subject: Plea of guilty – Recklessly causing serious injury – Accused hit the complainant with a cricket bat causing bruising – Common law assault.
Catchwords:
Legislation Cited:
Cases Cited:
Sentence: Convicted and fined $700 – Convicted and fined $500.
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Ms S.A. Flynn | Office of Public Prosecutions |
| For the Accused Johnson | Mr D.G. Wraith | Michael Vines |
| For the Accused Menzies | Mr S.L. Dewberry | Robert Morgan |
HER HONOUR:
Charges
1 Caycee Lee Johnson, you have pleaded guilty to one charge of recklessly cause injury for which the maximum penalty is five years imprisonment.
2 David Menzies, you have pleaded guilty to one charge of common law assault for which the maximum sentence is five years imprisonment.
Circumstances of offending
3 The circumstances surrounding your offending are that on 22 January 2011 you were at Shane Stocks' house when Michelle Markham told him that Travis Leersen had hit her and that he would not let her take the children out of the house.
4 Caycee Johnson, you agree to drive Michelle Markham to her rental property at 52 Roadknight Street in Birregurra.
5 David Menzies, you and Matthew Keegan accompanied them to Birregurra in Mathew's car.
6 Not long after you got there an altercation ensued during which Mr Leersen was struck by Matthew Keegan with a pipe-like object which struck his left eye, which is alleged, to have caused a serious injury.
7 You, Ms Johnson, have pleaded guilty to recklessly cause injury to Mr Leersen in that, in going to the defence of your brother, Matthew, you hit Mr Leersen across the back of his legs and on his back with a cricket bat. You also admitted to hitting and slapping him on the back of the head and shoulders "and stuff" to quote your record of interview.
8 It is agreed by the prosecution that your actions, essentially, caused bruising; three contusions which have since healed.
Personal circumstances – Caycee Johnson
9 Your personal circumstances are that you were born on 8 March in 1986 and you are now 26 years old. You grew up in Geelong and your mother, Karen Shaw, gave evidence that your father was abusive towards her.. Unfortunately it appears that you have repeated this pattern in that you have also been in an abusive relationship with the father of your young son, Tyler, aged four.
10 Your met, Paul, your ex partner, when you were 16 or 17 and you were together for some nine years. He is currently in custody for offending involving violence.
11 To your credit, you are a qualified as a chef and you have worked in this capacity for some years earning $600 to $700 a week when you are in employment.
12 Although you have not worked for some five months you have prospects of a job and your mother and grandmother support you. There is also a prospect that you will be given custody of your son now that you have your own house.
13 Mr Wraith submitted that you were acting in good faith in going to retrieve Ms Markham's children and that you only struck Mr Leersen when going to the aid of your brother. He submitted that a non-conviction was an appropriate disposition.
14 However, the prosecutor submitted that a Community Corrections Order, with conviction, was within range.
Personal circumstances – David Menzies
15 Turning now to you, Mr Menzies, you pleaded guilty to the offence of assault on the basis that you were present at the scene. Of the assault of Mr Leersen by the others your counsel described your role as being peripheral.
16 Your personal circumstances are that you were born on 1 July 1986 so you are also 26 years old. You are single. You live with your mother and sister. Your parents are separated and your father is terminally ill.
17 You have been diagnosed with Attention Deficit Disorder, and given your diagnosis, it was not surprising to hear that you left school after Year 9. Also that you have difficulty with reading and writing.
18 However, to your credit, you have been employed off and on since leaving school in various labouring jobs. In addition, you have obtained a number of certificates including for forklift and bobcat work and a truck licence.
19 Unfortunately, you lost your most recent job involving metal processing of some type in that you told them about this court appearance.
20 You have three prior court appearances but none are for violence. One, is when you were a child, another one in 2008 was committed when you were about 15 or 16 and the third lot of offences were for theft to possess cannabis. You have no offences pending.
21 Your counsel submitted that, given your peripheral role, your lack of relevant priors and the high price you had already paid for being there that night, I should fine you.
Sentencing remarks
22 I note that I did not mention your priors, Ms Johnson, I have taken into account that you have two priors, one for dishonesty and one for failing to honour your bail, but you have no convictions.
23 In both your cases I have taken into account your pleas of guilty. Although they took place at a late stage you are still entitled to a discount.
24 With both of you I have taken into account that, although you have some prior convictions, there are not many, and there are no priors for violence.
25 With you, Ms Johnson, I have accepted that you misguidingly went to the defence of your brother and with you, Mr Menzies, I accept that your role was peripheral.
26 I have taken into account that you both are relatively young and I consider that you have reasonable prospects for rehabilitation.
27 However, I must, of course, also take into account both specific and general deterrence. In your case, Ms Johnson, your actions caused Mr Leersen some pain and injury, although not long-standing. Mr Menzies, you stayed at the scene in support of the others.
Sentence
28 Could you please stand up. Taking all these sentencing considerations into account, Ms Johnson, on the charge of recklessly cause injury, you are convicted and fined the sum of $700. You have had two prior occasions where you did not get convictions. I consider that in the circumstances of this offending a conviction is merited.
29 Mr Menzies, on the charge of common law assault, you are convicted and fined the sum of $500.
30 Given that you are both not working, I am prepared to accede a stay in relation to both those fines.
31 MR DEWBERRY: I seek a stay of three months, Your Honour.
32 MR WRAITH: Your Honour, as I have indicated to you, she has not been employed and is in parlous circumstances. She has applied to Centrelink but will not receive any benefit for about a month, I am told, but of course if she obtains employment, that will be different.
33 HER HONOUR: Do you want a stay of the same period or what?
34 MR WRAITH: Longer, if I may.
35 HER HONOUR: I' will grant you a stay of six months. What you can both do is if you approach the court they will allow you to enter into some sort of instalment plan and that is the way in which you can pay those fines. Yes, is there anything?
36 MS FLYNN: No, thank you, Your Honour.
37 HER HONOUR: Anything else? Thank you for your attendance and the sensible settlement and resolution of the matter and I hope I do not see the two accused back in this court room. Thank you.
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