Director of Public Prosecutions v Letizia
[2014] VCC 957
•23 May 2014
| IN THE COUNTY COURT OF VICTORIA | Revised Suitable for Publication |
AT SHEPPARTON
CRIMINAL DIVISION
Case No. CR-13-01198
| THE DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| DEAN LETIZIA |
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JUDGE: | HIS HONOUR JUDGE MASON | |
WHERE HELD: | Shepparton | |
DATE OF HEARING: | 21 May 2014 | |
DATE OF SENTENCE: | 23 May 2014 | |
CASE MAY BE CITED AS: | DPP v Letizia | |
MEDIUM NEUTRAL CITATION: | [2014] VCC 957 | |
REASONS FOR SENTENCE
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Catchwords: Plea – sentencing - stalking
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APPEARANCES: | Counsel | Solicitors |
| For the Crown | Mr D.R. Cordy | Office of Public Prosecutions |
| For the Accused | Mr P. J. Haag | Felthams |
HIS HONOUR:
1 Dean Letizia, you have pleaded guilty to one charge of stalking that occurred over a period of five days in December 2012.
- Stalking carries a maximum penalty of ten years' imprisonment.
2 You are aged 39, having been born on 8 July 1974. At the time of the offending you were aged 38.
3 You have one prior conviction. In 2004 at the Melbourne Magistrates' Court, you were convicted for stalking.
4 The circumstances of this offending are as follows.
5 The victim in this matter worked together with you at your family business, Letizia's Café Bar Restaurant, at one stage.
6 You and the victim were never involved in a relationship. She has your mobile telephone number stored in her telephone and had contact with you via the social media website Facebook. The victim and you did not regularly contact each other, but did contact via Facebook at times.
7 On 15 December 2012 at approximately 2.10 p.m. you sent a digital image of yourself lying on your bed with your erect penis displayed, but not showing your face, to the victim's mobile telephone through an unlisted mobile telephone number. Attached to the digital image was a text that read:
"I know you LOVE cock".
8 The victim did not recognise your mobile telephone number and replied to the message, telling you that you had confused her with someone else by sending the picture.
9 The following day, being 16 December 2012, at approximately 9.43 a.m. you sent a pornographic video from the unlisted mobile telephone displaying a female having sexual intercourse with a male to the victim's mobile telephone. Attached to the video was a text that read:
"I know you love this. I've been told you go off like a firecracker".
10 The victim replied to this message by telling you that you needed help and to stop hiding behind a telephone. She told you to go and waste someone else's time.
11 At approximately 12.18 p.m. the same day, you sent another text message from the unlisted mobile telephone to the victim's mobile telephone that read:
"Stop acting like you don't want a huge cock spreading your arse wide apart like in the video. It's amazing what can be achieved with Photoshop and the Internet. I wonder what your friends, family and work colleagues would say if they see your face instead of that lady posted on the Web for everyone to see".
12 The victim replied to this message by asking you who you were and why were you wasting her time?
13 On 19 December 2012 at approximately 10.38 a.m. you sent a text message from the unlisted mobile telephone to the victim's mobile phone that read:
"So you think that telling the cops is going to stop me. Well, you're mistaken. Just a couple of questions. Are you a good big sister? Would you do anything to protect your little sister? You wouldn't want to see what happened on the video to your little sister now, would you? Now 3 things can happen from here:
1, you think this is a prank and ignore it;
2, you could go to the police; or,
3, trust that I'm not joking and that if you do this one thing that I will leave you and your family alone and that is not going to the police, and trust me, I will find out.
No one except you is to know about this message. I will know if you have told, then your sister will be fucked like on the video. What I want for you to do is to go into Shepparton to Dick SMITH'S at 11.00 A.M. and I will text you when I see you walk in and tell you which guy I want to see you plant a kiss on and whisper in his ear to take you home and fuck your brains out. Now remember, I will be watching so you better do what I tell you or little sister will be an Internet sensation. I want proof that he fucks your brains out, so I need to see a video, or picture".
14 These messages obviously concerned the victim as she is a nurse and was concerned that the public posting of any pornographic image or videos might be seen by her employers and her career might be jeopardised.
15 The victim was also concerned that her young sister, who was 17 years of age, might have her schooling jeopardised should any pornographic pictures or videos be posted on the Internet.
16 On 7 March 2013 a search warrant was executed at your home address in Tatura. You were present at the time. During the search, police located numerous items relating to electronic media, which were all seized. Also located within your bedroom was a bedspread on your bed with a pattern matching material observed in a digital image you sent to the victim on 15 December 2012.
17 As a result of the search warrant, a mobile telephone containing messages and video sent to the victim was located.
18 On 7 March 2013 you were arrested and interviewed at the Tatura Police Station in relation to these matters.
19 During the interview you made full admissions to sending the victim a digital image of your erect penis to her mobile telephone. You stated you used a mobile telephone number different to the mobile telephone number that you usually use, a number the victim did not have. You stated that you took the digital image whilst on your bed at your home address. You stated that you had been drinking heavily at the time you sent the digital image. You stated that you started drinking during the evening hours of 15 December 2012. You then stated you further sent various text messages and a pornographic video to the victim depicting a female engaged in a sex position with a male. You admitted to sending the victim a threatening request to have the victim engage in sexual intercourse with an unnamed male, but stated that this would never have taken place as you would not have followed through with the threat.
20 You stated that at all times you sent the video, photo or text messages you were intoxicated.
21 Police relayed the discrepancies to you with your stated drinking times and the actual times the items were sent. You were unable to explain the discrepancies.
22 I now turn to your personal circumstances.
23 As I said earlier, you are now 39. At the time of the offending you were 38 and you do have a criminal record which includes a conviction for the same offence committed in 2003, the circumstances of which bear a striking similarity to the present offence.
24 You had an unremarkable childhood, growing up in a family environment with three siblings, you being the youngest child. You proceeded through school, completed Year 12, worked initially in hospitality and then in insurance, banking and ultimately your own mortgage broking business.
25 In the recent past you had been driving trucks; however, you are now receiving WorkCover assistance because of your current arm injury.
26 Your two marriages have both, unfortunately, resulted in separation. You were first married in 1999 and were shocked one day when you came home and found the locks changed and your wife gone. You have not seen your first wife since. Shortly after this breakdown in 2003, the events leading to your conviction for stalking, that is, your first and prior conviction for stalking, occurred.
27 You attempted to hang yourself in 2004.
28 You remarried in 2007 and have a son by that marriage. Unfortunately, that marriage also failed by the end of 2011.
29
In March 2013 there was a further suicide attempt when you deliberately drove your work truck into a tree.
30 A report from Dr Walton, a highly experienced consultant psychiatrist, was tendered on your plea. Dr Walton regards your offending as arising out of expressions of anger rather than primarily seeking sexual gratification. In Dr Walton's opinion, you were in a state of considerable depression and emotional turmoil in the aftermath of the breakdown of your second marriage, which I note occurred at about the same time as the failure of your mortgage business.
31 Dr Walton believes your psychiatric history dates back at least to 2004 and is best diagnosed as Major Depressive Disorder. This is a treatable condition and you are now established on antidepressant medication. Ideally, you should be reviewed by a treating psychiatrist.
32 Dr Walton concluded that you were appropriately remorseful and that your underlying intelligence is normal.
33 Your acts on the occasions of this offending, however, were highly offensive, disgusting and calculated to threaten and frighten the victim in a gross way. It was a form of serious emotional assault and is aggravated by having been repeated over a three‑day period, intensifying in its nature to include threats involving also the victim's younger sister.
34 The victim impact statement provides eloquent testimony to the harm this type of offending can do. It presents as a serious example of the crime of stalking. Moreover, you have a previous conviction for stalking. Principles of denunciation and specific and general deterrence should feature prominently in the sentencing discretion.
35 In mitigation, I have taken into account the matters submitted by your counsel, including the following as moderating of sentence:
· your early admissions to police and expressions of immediate remorse;
· your plea of guilty at the earliest stage, which has a general utilitarian effect and also, importantly, avoided the necessity of calling the victim to give evidence;
· your personal circumstances, in particular that on each occasion you have behaved in this offending manner there has been a precipitating emotional point of emotional breakdown. When I mention on each occasion you behaved in this offending manner, I am referring to the fact of the prior circumstances of the offence of stalking.
· your mental health, diagnosed as Major Depressive Disorder, which I accept, has been long‑standing. I accept it has reduced your moral culpability for the offending.
· your prospects of rehabilitation are good, if you maintain treatment for your condition; and
· because of your mental health and recent physical injury, any time spent in custody will be more onerous for you than upon a person in normal health.
36 I have carefully considered your counsel’s and the prosecution's submissions on the type of sentence structure that may be appropriate. Whilst a disposition that would embrace a period in custody together with an extensive period of years under supervision with the condition for assessment and treatment has attraction, I consider that the gravity of the offending precludes that option in light of the restriction imposed by law for the period of imprisonment. Furthermore, your illness is regarded as depressive, amenable to treatment by pharmacological medication, you have insight and intelligence and have already begun a managed program. With application on your part, it is likely that your mental health can be maintained.
37 Mr Letizia, would you now please stand.
38 On Charge 1 of stalking, you are convicted and sentenced to 12 months' imprisonment.
39 I direct that you serve a period of six months' imprisonment before being eligible for parole.
40 I declare that the period that you have already spent in custody in this matter, namely two days, not including today, be reckoned as a period of imprisonment already served under this sentence and is to be deducted administratively.
41 For the purposes of s.6AAA of the Sentencing Act, but for your plea of guilty the sentence that would have been imposed is a term of imprisonment of 18 months with a non‑parole period of 12 months.
42 The Crown have sought an order for the disposal of your Nokia mobile phone, to which you have consented, and I have also made that order today.
43 Are there any other matters of either counsel?
44 COUNSEL: No, Your Honour.
45 HIS HONOUR: You may be seated, Mr Letizia.
46 Thank you, Mr Haag, for your careful submissions in this matter. It is appreciated, Mr Cordy, as well.
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