Director of Public Prosecutions v Laurens
[2023] VCC 2003
•17 October 2023
| IN THE COUNTY COURT OF VICTORIA | Revised Not Restricted Suitable for Publication |
AT BENDIGO
CRIMINAL DIVISION
CR 23-00685
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| PETER LAURENS |
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JUDGE: | HIS HONOUR JUDGE CHETTLE | |
WHERE HELD: | Bendigo | |
DATE OF HEARING: | 14 July 2023 | |
DATE OF SENTENCE: | 17 October 2023 | |
CASE MAY BE CITED AS: | DPP v Laurens | |
MEDIUM NEUTRAL CITATION: | [2023] VCC 2003 | |
REASONS FOR SENTENCE
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Subject:CRIMINAL LAW SENTENCE
Catchwords: Sentencing – damaging property, aggravated burglary, common law assault, make threat to kill, unlawful assault - plea of guilty
Legislation Cited: 6AAA, s.80, Sentencing Act 1991
Cases Cited:R v Verdins [2007] VSCA 102; Worboyes v The Queen [2021] VSCA 169, R v Boulton [2014] VSCA 342
Sentence:Imprisonment – aggregate sentence of 12 months, 2-year Community Correction Order- to be under supervision, undertake drug and alcohol dependency assessment and treatment, Justice Plan attached to Community Correction Order. Disposal Order.
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APPEARANCES: | Counsel | Solicitors |
| For the Director of Public Prosecutions | Mr D. Cordy | Ms K. Parnham, Office of Public Prosecutions |
| For the Accused | Ms N. King | Ms N. King, Teak Legal & Consulting Pty Ltd. |
HIS HONOUR:
1 Peter Laurens, you have pleaded guilty to one charge of damaging property, one charge of aggravated burglary, one charge of common assault and one charge of threat to kill.
2 In addition, you pleaded guilty to a related summary offence of unlawful assault relating to Mr Dulake.
3 You have admitted a prior criminal history which involve street offences, both in Victoria and interstate. You have not been in custody before. However, you have prior convictions of assault, damaging property, burglary and theft in Victoria. Whilst in Queensland, you have been convicted of wilful damage, unlawful entry to vehicles, public nuisance and assault occasioning bodily harm.
4 This was a step up in seriousness of your offending. The facts of your offending are set out in Exhibit A, the prosecution plea summary and I was informed by your counsel that I could treat that document as an agreed statement of fact. I incorporate it into these reasons for Sentence and sentence you on the basis of the facts set out therein.
5 On 6 January 2023, you had an argument with your ex-partner, Sharon Zelke. You believed she had stolen your cannabis. She left your Korang address and you followed her to the home of Norm Dulake in Wellington Street, Korang. You had a kitchen knife in your pocket. You broke a glass window, cutting your arm and hand. You unlocked a door and entered into the flat. That constitutes the aggravated burglary.
6 You grabbed Zelke by the throat, thereby assaulting her and told her you were going to kill her. When Dulake tried to intervene you swung a punch at him but missed and that relates to the related summary assault charge.
7 Police arrived, took you to hospital for treatment to your arm and they interviewed you the next day and you made full omissions to your offending.
8 You have been in custody since. You appeared before me in Bendigo on 14 July of this year and I adjourned the plea, in order to obtain further material.
9 I have now received that material, which includes a Forensicare report, an extended CCO report, a statement of intellectual disability, a Justice Plan and a disability overview report.
10 You suffer from significant sub-average general intellectual functioning and significant deficits in adaptive behaviour. You will receive NDIS assistance as a result of your cerebral palsy issues.
11 Your significant impairment meant that in my view you are not a suitable vehicle for the expression of general deterrence and denunciation. The principles in Verdins[1] have equal application to people with intellectual and cognitive difficulties and that has been recognised by the Court of Appeal.
[1]R v Verdins [2007] VSCA 102;
12 Your counsel provided full and helpful plea submissions, Exhibit 1 and supplementary submissions subsequently.
13 You pleaded guilty at an early stage. You are entitled to a reduction in sentence to reflect those pleas of guilty. You have spared the community the time and expense of a criminal trial and your victim the need to give evidence at such a trial.
14 The value of those pleas of guilty are increased because of the effect COVID-19 has had upon our justice system. Even though we are finally getting back onto a normal keel in that regard, your pleas facilitated the course of justice and have a greater utilitarian value as a result.
15 I take into account your cooperation with the police. You made full and frank admissions when you were interviewed. I accept that your offending, although serious, is towards the lower level of offences of that type. You carried a knife but did not use it or produce it. Your actions were spontaneous.
16 There is no victim impact statement in this case.
17
You find yourself in custody for the first time in your life and you are now
48 years of age. I accept that you are remorseful for your conduct and have no intention of returning to Korang where your victim resides.
18 Your personal history is set out in the various reports and summarised in your counsel's submissions.
19 You grew up in Eaglehawk, the youngest of four children. Your parents divorced when you were a child and you were brought up by your mother. You did not really know your father.
20 Your childhood apparently was relatively normal, save for the issues the cerebral palsy caused you at your school.
21 Both your parents are now deceased and you were looked after by your older brother in Mildura. At the age of 22 when you were 20 years of age your brother committed suicide, which has caused you significant psychological trauma.
22
You were educated firstly at Eaglehawk Primary School. You completed
Year 10 through to 12 at a school in Banwick, as I understand it.
23 You have worked as a fruit picker in Mildura. You came back to Bendigo after your brother died and then travelled around Australia for a period of time, incurring the interstate priors to which I have referred.
24 You found long-term stable accommodation in Korang up until this offending and you were living there for some eight or nine years, living on a pension, when this offending occurred.
25 You have been diagnosed with a number of conditions; cerebral palsy, and you have a genetic heart condition. You have suffered from PTSD and depression and you now are on NDIS support. Your cerebral palsy effects your right side and causes muscle spasms.
26 You have had a troubled history with using cannabis and alcohol and of recent times methylamphetamine.
27 Since being in custody you have been substance free and apparently are much physically better as a result and you look certainly healthier today.
28 Drug screens tendered in support of your plea demonstrate that you have been negative whilst in custody.
29 You have a sister who lives in Bridgewater, who is going to be your carer upon your release and she is apparently going to move to where you can obtain housing. And then from what I understand you have got or will be receiving temporary housing in the Essendon area.
30 Whilst you have been in custody you have completed an anger management course, a drug course, and as I said, have been drug free.
31 The report that I received from Corrections indicated that you were suitable for a community corrections order and that you had expressed a desire to maintain the drug free status you have and to try and make something of your life.
32
I accept the prosecution submissions that your offending is serious.
The Court of Appeal have often said that confrontational aggravated burglaries demand serious punishment. Denunciation and just punishment are significant sentencing considerations.
33 However, the Court of Appeal has also indicated that often a combination sentence of imprisonment and a community corrections order represents appropriate sentencing and balancing of sentencing principles for even serious offences such as aggravated burglary and I refer in particular to the statements of the Court of Appeal in the R v Boulton[2] at paragraph 131.
[2]R v Boulton [2014] VSCA 342
34
I have considered the submissions of your counsel and submissions of the prosecution and balancing all the factors to which I have to take into account,
I am of the view that a combination sentence is one of those sentences appropriate in your case, primarily because of the steps you have taken and the support that has been put in place to look after you when you are released from custody.
35 I propose to impose an aggregate sentence of imprisonment in respect of all the offences for which you have pleaded guilty, the four indictable offences and the summary offence and thereafter, release you on a community corrections order for two years.
36 The order of the court is in relation to all charges you are convicted and sentenced to an aggregate term of imprisonment of 12 months. On your release from custody, you are to undergo a community corrections order for a period of two years. The conditions of that community corrections order are that you be under supervision, that you undertake drug dependency assessment and treatment, you undertake alcohol abuse dependency assessment and treatment and you have the attached Justice Plan, pursuant to s80 of the Sentencing Act[3].
[3]Sentencing Act 1991
37 You will be living in Essendon. Where do we report to Brunswick – sorry, Broadmeadows, Madam Associate?
38 Mr Cordy, do you know where the closest Corrections Centre is where he will have to report upon his release?
39 MR CORDY: Yes. I'm afraid I don't. I'm sorry, Your Honour. No.
40 HIS HONOUR: My Associate with check now. Mr Laurens do you understand what I'm saying to you? You have got 12 months of which I declare – how many days are we up to? It's in your submissions – I declare 283 days have already been served by way of pre-sentence detention, not including today.
41 So, you have still got two or three months to go and then you will be released on a community corrections order. You will have to report to corrections within 48 hours of your release from custody. And at the moment I am going to stipulate that you report to the Broadmeadows Community Corrections Centre within that period of time. Do you follow?
42 HIS HONOUR: All right. I'm not imposing any work hours because the gaol term you have served is a significant punitive term. But I do want you looked after with drugs and alcohol support and the Justice Plan to be implemented, so that you can hopefully have a better future than what you have had in the past. Do you understand?
43 OFFENDER: Yes, Your Honour.
44 HIS HONOUR: Right. If you do not comply with this order, if you breach the order by reoffending or non-compliance they will bring you back before me and you will have to – you will be put back in custody. Do you understand?
45 OFFENDER: Yes, Your Honour.
46 HIS HONOUR: All right. I indicate pursuant to s6AAA of the Sentencing Act[4] that but for your pleas of guilty I would have imposed an effective term of imprisonment of four years with a non-parole period of three. And I make the disposal orders sought by the prosecution.
[4]Sentencing Act 1991
47 Anything else, Mr Cordy?
48 MR CORDY: No, Your Honour. That covers it.
49 HIS HONOUR: Thank you. All right. Well, I'll terminate the links. Thank you. Mr Laurens, they will send you a copy of the order for you to sign and to return back. Yes. All right. You'll have to sign that, otherwise I'll have you back in front of me again. Do you follow?
50 OFFENDER: Yes, Your Honour.
51 HIS HONOUR: All right. Thank you. Terminate the links, please.
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