Director of Public Prosecutions v Ljepojevic, Jason Joseph
[2013] VCC 238
•27 February 2013
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
Case No. CR-12-02327
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| JASON JOSEPH LJEPOJEVIC |
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JUDGE: | HIS HONOUR JUDGE PARRISH | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 13 and 18 February 2013 | |
DATE OF SENTENCE: | 27 February 2013 | |
CASE MAY BE CITED AS: | DPP v Ljepojevic, Jason Joseph | |
MEDIUM NEUTRAL CITATION: | [2013] VCC 238 | |
REASONS FOR SENTENCE
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Subject: CRIMINAL LAW
Catchwords: Sentence – threat to kill – aggravated burglary – common assault
Legislation Cited: Crimes Act 1958; Sentencing Act 1991
Sentence: 4 years’ imprisonment with a non-parole period of 2 years. S6AAA declaration: 5 years’ imprisonment with a non-parole period of 3 years.
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Ms K Argiropoulos | Office of Public Prosecutions |
| For the Accused | Mr P Kilduff | Tait Lawyers |
HIS HONOUR:
1 Jason Joseph Ljepojevic, you have pleaded guilty to the following charges:
(a)that you, at Cranbourne in Victoria on 4 October 2012, without lawful excuse, made to Theresa Datson, a threat to kill Theresa Datson, intending that Theresa Datson would fear that the said threat would be carried out or being reckless as to whether or not Theresa Datson would fear that the said threat would be carried out;
(b)that you, at Cranbourne in Victoria on 4 October 2012, entered as a trespasser, a building at 18 Ainsleigh Court with intent to commit an offence involving an assault to a person therein and at the time of entering, a person was then present in the building and you knew that a person was then so present or was reckless as to whether or not a person was then so present; and
(c)that you, at Cranbourne in Victoria on 4 October 2012, assaulted the said Theresa Datson.
2 Charge 1: threat to kill; is contrary to s.20 of the Crimes Act 1958 and carries a maximum penalty of ten years' imprisonment.
3 Charge 2: aggravated burglary; is contrary to s.77(1) of the Crimes Act 1958 carries a maximum penalty of 25 years' imprisonment.
4 Charge 3: common assault contrary to common law; carries a maximum penalty of five years' imprisonment.
5 I also note that pursuant to s.27(2B) of the Sentencing Act 1991, a court must not make an order to suspend the whole or a part of a sentence of imprisonment for a "serious offence" or for a "significant offence". Section 3 of the Sentencing Act 1991 relevantly defines "serious offence" to include aggravated burglary contrary to s.77 of the Crimes Act 1958.
6 The prosecution has prepared a written summary of the circumstances leading up to and surrounding the offending on 4 October 2012. Such summary has been marked as an exhibit and has been accepted by you and your counsel as an appropriate representation of the offending. In particular, it is agreed that:
(a)You and the victim in this matter, Theresa Datson, had been involved in a relationship for approximately three years and had a son called Trinity, born on 24 July 2011. At the time of the offending,
Ms Datson was pregnant with your second child.
(b)You had separated from Ms Datson at the time of the offending.
(c)During the evening of Thursday, 4 October 2012, Ms Datson was home with Trinity and sent you a text message asking you for money to fix a broken window. You sent Ms Datson a series of text messages and massages on Facebook refusing to pay for the window, calling her a "slut" and saying that you were never going to get back together with her. You also sent a text saying "Ya dead, be there soon." Ms Datson queried what you meant by this and you replied that you would be at her house soon. Ms Datson was frightened by the messages.
(d)Also, Ms Datson sent emails to you and placed allegations on Facebook, that you had Hepatitis C and that you were never going to see your kids again.
(e)At about 8.45 pm on that night, Ms Datson heard banging at her front door and heard you shouting "Let me in you slut". Ms Datson picked up Trinity and went to the front door to slide the chain lock into position. However, before she got there the front door swung open violently and you entered the house.
(f)You said "I told you I'd be seeing you soon, slut". You then grabbed Ms Datson’s mobile telephone with your hands and threw it onto the ground and said "You won’t be calling anybody, I'm going to fucking kill you".
(g)Ms Datson was terrified and, with Trinity in her arms, tried to get away from you, but you followed her around the house. Ms Datson was in tears and kept saying she was sorry, and you replied you did not care and that you were going to kill her.
(h)With Trinity still in Ms Datson’s arms, you put your hands around her neck and squeezed, causing Ms Datson to drop to her knees with the pain. You let her stand up but kept yelling in her face and saying that you were going to kill her. Ms Datson backed away until she backed into a heater on the lounge room wall.
(i)You then punched the heater, narrowly missing Ms Datson’s head, and she screamed for you to stop as you were scaring the baby, and you said you did not care. You then headbutted Ms Datson to the side of the head causing her to become dazed and then pushed against the window, holding her jumper around her neck and hitting her head against the window. Ms Datson screamed as she feared you were going to kill her and you said "That’s right, scream for help, you’re not getting out of here".
(j)At some point, Ms Datson grabbed the home phone and called for help. You smashed it onto the floor.
(k)You grabbed Ms Datson by the throat and forced her onto the couch, during which time she was still holding your son, Trinity. Ms Datson blacked out and when she came to your hands were still around her neck. You released your hands and pulled Ms Datson to her feet by her hair and then pushed her against the wall next to the front door, putting your hands around her throat again and pushed her up against the wall. You kept yelling at her that she had fucked your life and said "Don’t ever take the kids".
(l)At some point, you momentarily released Ms Datson and she was able to open the front door and escape with Trinity. You grabbed the hood of her jumper, causing her to fall to the ground, but Ms Datson was able to get back to her feet and run out the driveway and down the street. She could still hear you shouting at her and you followed her to the end of the driveway and then walked away.
(m)A neighbour had heard screams from inside the house and saw Ms Datson run away. She heard you yell out after Ms Datson "You’re a fucking mole and a fucking slut" and that she was dead and you would be coming back to kill her.
(n)Ms Datson was conveyed to hospital and admitted overnight for observation due to her pregnancy.
(o)You were arrested at approximately 11.30 pm the next day and were interviewed by police, during which time you exercised your right to answer "no comment" to all the questions asked.
7 You are presently 27 years of age – nearly 28 – and I am informed by your counsel that you commenced smoking cannabis at approximately 14 years of age and by 17, you had a daily habit that continued until May 2011. Furthermore, you started using amphetamines intravenously at 17 years of age, up to half-a-gram daily, and later this was replaced by heroin when you were 18 years of age. You ceased using heroin after about five months when you reverted back to amphetamine use and, by the age of 23, you were using "ice" and later you smoked it.
8 You were raised in the family home at Cranbourne and you have described, through your counsel, home life to be "happy and harmonious".
9 You left school at Year 9 and completed a panel beating-spray painting apprenticeship and then did on-the-job training in plastering.
10 You maintained contact with your parents and your sister.
11 A psychological report from the clinical psychologist, Mr Bernard Healey, dated 3 November 2012, was tendered. Mr Healey notes that he consulted with you on 3 November 2012. At that time, you informed Mr Healey that you had been in an unstable relationship with Theresa. On the day in question, Mr Healey obtained a history that you received a message from Theresa that you would never see your son again, nor the unborn child.
12 Mr Healey notes that you have realised that the relationship with Theresa is over and that you would need to seek access to your children by legal means, as well as provide financially for them.
13 Mr Healey notes that you remained self-reproachful over the offending, which occurred in the context of heightened frustration on your part. In particular, Mr Healey notes that you do not seek to excuse your conduct and have expressed a desire to have further discussion with Mr Healey upon your release and to engage in an anger management program.
14 I am informed by your counsel that since late last year you have not used any illicit drugs and wish to turn your life around.
15 I note that you have been convicted of the following offences:
(a)On 4 September 2006, intentionally causing injury; for which you were sentenced to one month’s imprisonment;
(b)On 8 October 2009, you were convicted of criminal damage (intent damage - destroy) and unlawful assault; for which there was an aggregate of two months' imprisonment, which was wholly-suspended for 12 months;
(c)On 6 June 2011, such suspended sentence was restored due to your breaching the original sentence.
16 I note that when convicted on 8 October 2009, you were the subject of a Community Corrections Order whereby, in part, you were required to undergo an anger management course.
17 Although I accept that to some degree you were provoked by Ms Datson on the day of offending by her comments that you would not see your then child or your forthcoming child, or indeed her comments in relation to Hepatitis C. However, the offending involves blatant violence to Ms Datson, all of which was conducted when she was holding your son, Trinity. Throughout the period of assaulting Ms Datson, you continued to make threats that you would kill her, all of which must have been terrifying to Ms Datson and upsetting to the baby, given the yelling which was occurring. You appear to have acted in a rage and had little control over your actions, resulting in such a frightening episode.
18 I am of the view that your sentence must reflect the denunciation of the type of conduct in which you engaged. Furthermore, I consider that your sentence should be intended to deter not only you but other persons from committing similar offending.
19 It has been submitted on your behalf that some discount of the sentence should occur because of your early plea of guilty and indeed I accept such submission. It is also submitted that you have shown "remorse" about your offending on the day in question. I am not uncertain how much remorse you have experienced as a result of this offending. In this respect, I believe it will be necessary for you to engage in some type of anger management course or courses when in prison, or at least when you are discharged from prison.
20 Accordingly, I order:
(a) That you should be convicted of Charges 1, 2 and 3 and sentenced to an aggregate period of imprisonment of four (4) years with a non-parole period of two (2) years.
(b) I reckon as served 42 days of this sentence.
(c) That you provide a saliva sample for DNA purposes under s.464ZF on the basis of the seriousness of the offences and the social utility of such a database.
(d) Save for your plea of guilty, I would have ordered a period of imprisonment of five years with a non-parole period of three years.
21 Take the prisoner thank you. We will temporarily adjourn, thank you.
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