Director of Public Prosecutions v Kerrison

[2016] VCC 631

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

AT LATROBE VALLEY
CRIMINAL JURISDICTION

CR 16-00723

DIRECTOR OF PUBLIC PROSECUTIONS

v

ROBERT KERRISON

---

JUDGE:	HIS HONOUR JUDGE SMALLWOOD
WHERE HELD:	Latrobe Valley
DATE OF HEARING:
DATE OF SENTENCE:	17 May 2016
CASE MAY BE CITED AS:	DPP v Kerrison
MEDIUM NEUTRAL CITATION:	[2016] VCC 631

REASONS FOR SENTENCE
---

Subject:
Catchwords:
Legislation Cited:
Cases Cited:
Sentence:

---

APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr P. Hannan
For the Accused	Mr R. Davis

HIS HONOUR:

1You can stay seated, you do not have to stand up.  Robert Kerrison, you have pleaded guilty to one charge of aggravated burglary, one charge of threat to kill, one charge of threat to inflict serious injury, and one uplifted charge of breach of an intervention order.  Those crimes carry maximum penalties of 25 years, ten years, five years, and two years respectively.

2I accept that you pleaded guilty at the earliest reasonable opportunity, you are still a young offender, and are 20 years of age.  You have now been in custody for 138 days in adult custody when the preference would have been it had been in youth justice, and I take that matter very much into account.

3You have also been in protection because of matters relating to your father, and again I take that into account as well.  It is also your first time in gaol.  As indicated, the plea of guilty was at a reasonably early opportunity, you have expressed appropriate remorse, and you must of course get the utilitarian benefit of that plea.

4The offending has occurred in a neighbour situation.  The victims, and I am not going to go into all the background of this, it would appear that there is a bit of to-ing and fro-ing, as I understand it, and one of the victims is in fact awaiting trial on offences against you. 

5Be that as it may, you and the victim's homes were located in the same street, approximately 100 metres apart, as I recall you were living with a relative.  There was a situation where angst occurred, and on 31 December 2015, there was an incident at a bus stop where you were said to have made threats and allegations against at least one of the victims.  You yelled at a Mr Sheridan "I'm going to fucking kill you, you're a dead cunt".  He told you at this point to leave because he was on the phone, as it all occurred as a result of an altercation in the street.

6You went into the front yard of his house and smashed a window.  Doing that, as you removed your arm, you were badly cut, and I take that into account in a limited way.  It has caused you ongoing difficulties since, and in fact you were taken to hospital shortly afterwards. 

7You went up to the front area of the house, and picked up a planter box, which you then smashed.  You then said "You fucking idiot, come outside, I'm going to fucking kill you", which is the actual basis of the threat to kill, though I think the first one is probably, as a matter of law, a more accurate description.  You subsequently insofar as the victim, Mr Sheridan's, wife was concerned, said that you were going to "Fucking smash you", that gives rise to the charge of threat to inflict serious injury.  Mr Sheridan managed to lock his door.

8You then came to the door, pushed against it, and you took about two steps into the house.  At the time you entered the house, you were going to assault the occupants.  That gives rise to charge one of aggravated burglary.  As I have indicated, you were taken to hospital.

9It is clear from the police reports that you were severely substance-affected, and I am told that was alcohol, but that you are not a regular drinking, and alcoholism is not a problem.

10That is very much a summary of what occurred, and what I will simply do is annex the balance of the Crown opening to these, my sentencing remarks, for anybody who has a genuine interest in the matter. 

11Firstly, pursuant to s.464ZF of the Crimes Act, you are obliged to provide a saliva sample for DNA purposes.  Your counsel will tell you how to do that.  I must advise that should you refuse to provide such a sample, police may use reasonable force to take it from you.

12Matters then put on your behalf.  You have had a difficult childhood in particular, with ill health.  You were diagnosed with ADHD, you have a condition which facilitates the easy dislocation of joints.  You have been in protection during this period of 138 days, you do have prior convictions, well, prior findings of guilt, but they are of a limited nature, and in overall circumstances it was put to me that in this given situation that what you have done in gaol would be sufficient.  I think that that is right, and I intend to, on the charge of aggravated burglary, simply impose a sentence of imprisonment of 138 days, and direct that 138 days be reckoned as having been served under this sentence.

13The prospects of your rehabilitation and the risk of you reoffending are pretty much up to you, I think.  Obviously the offending has to be regarded as serious, that can be reflected that an active custodial order of adult imprisonment for a 20-year old has been imposed.  However, in this situation, I think that there should also be an element, at least, of specific deterrence, and that can be brought about by a court supervision, which can be adequately, in my view, provided for here by a with-conviction, adjourned disposition.  So accordingly, on the charge of aggravated burglary, 138 days' imprisonment.  On the other three charges, that is, the threat to kill, threat to cause serious injury, and the summary matter be placed, if you agree, on adjourned undertaking for a period of 18 months.  That will be with conviction.  And the only condition will be that of good behaviour. 

14Sorry, I should also add that I have read obviously, and take into account, the character references that were provided on behalf of yourself. A (indistinct) thing I should add is that I am aware there are intervention orders in place, and that the proximity that existed at the time no longer exists.

15(At this stage the court proceeded with another matter.)

16Now, you have entered into that bond, all right?  Any sort of offending like this and you come back and you get resentenced, right?  The (indistinct) is gone, you have done the time for it.  But if you come back, and you are getting sentenced by me for a threat to kill, for like another threat to kill, you will go back.  We understand each other?

17OFFENDER:  Yep.

18HIS HONOUR:  All right.  Right, now you will have to go back to the police station while they do the proper paperwork, but then you will be released within the next hour or so.

19OFFENDER:  Yep.

20HIS HONOUR:  Thanks for that.

21COUNSEL:  Thank you, Your Honour.

22HIS HONOUR:  Yes, thanks Mr Davis.

23MR DAVIS:  Thank you, Sir.

‑ ‑ ‑