Director of Public Prosecutions v Matthews-Taylor
[2015] VCC 1812
•10 December 2015
| IN THE COUNTY COURT OF VICTORIA | Revised Not Restricted Suitable for Publication |
Case No CR-15-00701
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| VINCE MATTHEWS-TAYLOR |
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| JUDGE: | HIS HONOUR JUDGE PILGRIM |
| WHERE HELD: | Melbourne |
| DATE OF HEARING: | 19 June 2015, 10 December 2015 |
| DATE OF SENTENCE: | 10 December 2015 |
| CASE MAY BE CITED AS: | DPP v Matthews-Taylor |
| MEDIUM NEUTRAL CITATION: | [2015] VCC 1812 |
REASONS FOR SENTENCE
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APPEARANCES: | Counsel | Solicitors |
| For the Director of Public Prosecutions | Ms T. Bolton | Office of Public Prosecutions |
| For the Accused | Ms N. Kaddeche | Emma Turnbull Lawyers |
HIS HONOUR:
1Mr Matthews-Taylor, you have pleaded guilty to one count of aggravated burglary, one count of assault, one count of intentionally causing injury, two counts of threat to kill, one count of criminal damage, and two counts of assault police.
2You have further consented to one summary offence being dealt with by this court. You plead guilty to one count of wilful and obscene exposure in a public place.
3You have heard the learned prosecutor tell this court of the maximum sentences that may be imposed for each of these offences.
4For having pleaded guilty I will impose a lesser sentence than I otherwise would have imposed. In other words, you receive a discounted sentence for having pleaded guilty.
5Mr Matthews-Taylor, I quote from the prosecutor’s opening touching upon the facts in this case.
6On 14 December 2014, Charm Matthews-Taylor, who is the first complainant, and her boyfriend, Kyle Haden-Woollard, who is the second complainant, were at Charm’s home at 193 Maroondah Highway, Chirnside Park. Charm lives at the address with her father, John Taylor. You are precluded from attending at the address unless her father is present.
7In the early afternoon, Charm and Kyle were watching a DVD movie in Charm’s bedroom when you attended at the address, knocking on the door. Kyle answered the door and advised you that he “knew you were not to be at the address and should leave”.
8You pushed your way inside the premises, pushing Kyle into the wall, and commenced punching him to the head. Charm came out of the bedroom and attempted to stop you from assaulting her boyfriend. Kyle went into the bedroom to obtain his phone to contact police.
9All of you ended up in a scuffle as you went to follow Kyle. Charm tried to stop you. You snatched the phone from Kyle as they tried to get you out of the house. You then seemed to calm down and stopped the assault, stating that you just needed a drink of water and then you would leave. You walked toward the kitchen, and Charm, remembering there were knives in the kitchen, tried to get there before you. By the time she got there you had already removed a meat cleaver from a wooden knife-block and started swinging it toward her head. You said “I’ll kill you, you bitch, get out of the way, I want to kill you all.”
10You then kept swinging the meat cleaver towards Charm, who had her hand up trying to protect herself. You cut two of her fingers, which began to bleed profusely, and continued your attack, cutting her upper lip.
11Charm was terrified and believed she was going to be killed. She commenced screaming very loudly and began to run out of the house. She could hear her boyfriend on the phone to police, and instructed him to run also. They both ran out of the house, Charm going to the next-door neighbour at number 195. Kyle ran in the opposite direction.
12You then ran after Kyle, screaming “I’m going to kill you, you cunt”, but then went back toward the house and said “I’m gonna smash your car”. You then used the meat cleaver to smash the front and rear windscreens of Kyle’s car which was parked in the driveway.
13You then returned to the house, went inside, and smashed the front glass window by throwing a grease gun through the window.
14You had seen that the two complainants were close by and you again came outside and started to chase them towards Shepherds Lane. The complainants were terrified. You kept yelling out “I am gonna kill ya’s.”
15As this most unpleasant and very frightening scene occurred, Detective Leading Senior Constable Ross Hill arrived in an unmarked Ford Territory police vehicle. You then commenced punching the driver’s side window of that vehicle with your right fist. You were yelling “You’re dead cunt.” The force of the blows to the window caused the vehicle to rock but the window did not break. You then continued to follow the other complainants towards Shepherds Lane, yelling out “I’ll fuck you up.” At this time you then proceeded to pull out your penis and commenced masturbating as you stood on the street. Detective Hill was able to draw your attention away from the complainants to prevent you from following them, whilst Hill also called for backup police to assist.
16Mr Matthews-Taylor, you continued to masturbate in full view of witnesses until further police arrived and you were arrested. During the course of being arrested, you attempted to kick and head-butt Acting Sergeant Sue Weinbergs. You continued to be highly aggressive, yelling at Detective Hill “You faggot white cunt, you’re dead, I’ll kill you.” The police eventually got you into a divisional van and you were conveyed to Lilydale Police Station.
17Charm was taken to hospital for treatment. As a result of the attack she sustained a 4–5cm full thickness laceration to her left ring finger and a 1cm full thickness laceration to her middle finger which were closed with five stitches, and a 1cm full thickness laceration to her face which required three stitches.
18You were later conveyed to the Maroondah Hospital psychiatric unit and released on 15 December 2014 into the custody of police.
19On all the available information to this court, I am surprised that you were released from the psychiatric hospital at this time. I have no doubt you were at that time most unwell.
20This observation is confirmed by a report from Forensicare, Melbourne Assessment Prison. You apparently were assessed at this prison (see assessment order signed by Sophia Patagnan and Mercy George, registered psychiatric nurses, dated 24 March 2015). This report is indicative of your significant mental health issues. I do not propose to quote from this report; however, the report will be exhibited to these sentencing comments.
21I assure you, Mr Matthews-Taylor, that I have read and reread this report on numerous occasions. I take into account all of the comments therein.
22Mr Matthews-Taylor, I also have to hand two further reports, one by Dr Hemlata Ranga, psychiatrist, and one by Dr Patel, psychiatrist from Forensicare.
23I note that Dr Ranga refers to your Aboriginality; that is either an error made by this psychiatrist or a mistaken reference to your Maori bloodline, ie from your mother.
24I also note that your mother has apparently been burdened with significant mental health issues, as she was and possibly still is confined in an institution in New Zealand.
25I quote in part from Dr Patel’s report:
“Mental State Examination
Mr Matthews-Taylor was a young man of medium height and muscular build with a mid-olive complexion, regular features and close cropped hair wearing clean casual attire. He was superficially cooperative but due to his exhibiting mild irritability, guardedness and disorganised thinking, rapport was superficial. He made reasonable eye contact and speech was of normal volume and prosody. He was not overactive or disinhibited.
Affect was restricted but reactive and mood appeared minimally elevated and suspicious.
There was no overt abnormality of perception.
Stream of thought was pressured but interruptible. Form of thinking demonstrated disjointed comments bordering at times on tangentiality. However, he was in general able to stay with the appropriate topic whilst incorporating significant material that seemed irrelevant or only loosely associated.
Content of thinking revealed grandiose self beliefs, stating “I’m a genius” but no frank delusional material. Overall the content of his thinking showed poverty.
Insight appeared poor in that he maintained that he was a rational person who had merely made some stupid decisions and that others may consider the latter to be a mental illness. He stated that he was accepting current medication as he was advised to do so by the prison mental health staff, and had agreed that after a year he would be able to cease it. Mr Matthews-Taylor also indicated, when directly asked if he required any ongoing psychological or mental health treatment, that all he needed was help to make money.
Intelligence appeared to be at least within the normal range. Mr Matthews-Taylor did not demonstrate any gross abnormality of attention, concentration or memory.
Personal History
Mr Matthews-Taylor, due to the aforementioned disturbance of thinking, was unable to provide background information. Nevertheless he stated that he was born in Perth and that due to significant parental conflict he moved with his father, at the age of 11, to Victoria. He stated that his mother had subsequently moved to New Zealand.
Mr Matthews-Taylor stated that he was a loner at school but a good student. He stated that he was suspended 21 times for smoking, resulting in expulsion at the age of 15. He also stated that he had a suspension of one week at the age of 15 after stealing a phone from another student’s locker. He stated that he had a few “little scruffs, nothing serious”, meaning fights with other students. He indicated he had a significant fight in his first year at secondary school resulting in the other student suffering minor injuries. Mr Matthews-Taylor stated that he completed Year 10 and chose to leave because he ‘wanted to go on to smoking dope and go on Centrelink’.”
26Mr Matthews-Taylor, I quote from Dr Patel’s report where he opines that:
“Mr Matthews-Taylor has clear evidence for a Schizoaffective Disorder. Whilst the alternative explanation of a drug induced psychotic state is possible; given the period of time he has been in custody and despite presumably being free of illicit substances, he has continued to display mental state disturbance which is more likely indicative of an ongoing illness process.
Mr Matthews-Taylor does exhibit attitudes and past behaviours that would be in keeping with a young man who has personality disorder of a predominantly antisocial and narcissistic type. As a result he has displayed lack of goals for the future with a generally irresponsible approach to his interactions with others, driven largely by meeting his immediate gratification. He also exhibits little concern for the impact of his actions on others.
Mr Matthews-Taylor has had a significant history of substance abuse which has no doubt at times contributed to a more acutely disturbed state of mind with increased paranoia and agitation. Mr Matthews-Taylor exhibits little concern over the impact of his substance abuse on his life and on the offending resulting in his current situation. Nevertheless, he does appear to indicate at this stage that such illicit substance use is indeed detrimental and to be avoided in the future at all costs. Mr Matthews-Taylor, however, shows very limited ideas around how he will maintain abstinence in the future and reports using aggression if needed to challenge others who may try and persuade him to use illicit substances.
It would appear that Mr Matthews-Taylor has very limited strategies for managing conflict with others and with a significant propensity to use verbal and physical aggression in order to resolve such conflict and get his way.
Mr Matthews-Taylor has little insight into his mental illness and the need for ongoing treatment, which is likely to be not just a feature of his illness, but also due to his personality style not being conducive to having to do anything that he finds not to his liking, or is felt to be imposed upon him by others.
Whilst it does not appear that at the time of the offences he was clearly significantly influenced by the presence of specific mental health symptoms and in particular a psychotic state, it does appear that he was likely to have been in a highly aroused and possibly manic state brought on by illicit substance abuse and not taking regular antipsychotic treatment. It is possible that his desperation to see his father, that caused him to come to the family home, was in part brought on by increasing paranoia that his place of residence was no longer safe (as he reported when he presented to the Emergency Department on 4 December 2014).
It would appear therefore that in relation to the Verdins principles, it is probable that Mr Matthews-Taylor was indeed, at the time of the offences, having significant disturbance of mood brought on by illicit substance abuse and untreated mental illness that caused him to be highly aroused and impaired in his impulse control and judgment. Mr Matthews-Taylor has responded to acute psychiatric treatment whilst in custody, such that his mood, thinking and behaviour have substantially improved. Nevertheless, he continues to display residual symptoms of irritability, grandiosity, guardedness and thought disorder with poor insight, such that if he were to be released he would require ongoing assertive community mental health management through the local service on a Community Treatment Order under the Mental Health Act 2014.”
27Apart from Dr Ranga’s mistake as to your cultural background, his report mirrors that of Dr Patel.
28The final paragraph of Dr Patel’s report records:
“It is difficult at this stage to state with any confidence what Mr Matthews-Taylor’s ability will be in the community to engage in appropriate mental health support and to abstain from illicit substance abuse in order to ensure that he can improve his functioning and avoid further offending. It would appear that given his particular personality style he is likely to continue to struggle to demonstrate good self management and cooperation with mental health services.”
29At the present time, the health authorities are supervising your wellbeing in hospital.
30Mr Matthews-Taylor, you have three previous court appearances, two in the Children’s Court and one in the Magistrates’ Court. I infer from the orders made by those courts that mental health issues gave rise to your court appearances.
31Your sister has filed a victim impact statement. This young lady is very distressed by your behaviour.
32Mr Matthews-Taylor, I take into account the principles enunciated in s5 of the Sentencing Act.
33On Count 1, you will be convicted and sentenced to be imprisoned for a period of 18 months.
34On Count 2, you will be convicted and discharged.
35On Counts 3, 4 and 5, sentencing will be deferred to a date to be fixed, that date to be less than 12 months from this day.
36On Count 6, you will be convicted and discharged.
37On Count 7, you will be convicted and discharged.
38On Count 8, you will be convicted and discharged.
39On the one summary offence, you will also be convicted and discharged.
40Pursuant to s18 of the Sentencing Act, you are to be given credit for having served 361 days of imprisonment.
41Pursuant to s464ZF of the Crimes Act, you are to provide a forensic sample.
42Further, pursuant to s78 of the Confiscation Act, the items as listed in the schedule are to be forfeited.
43Pursuant to s6AAA of the Sentencing Act, had it not been for the plea of guilty, I would have imposed a prison term of three years with a minimum of two years to be served before parole.
44Dealing with the summary offence, Count 7 and Count 8, both assault police matters, Count 6, criminal damage matter where compensation has in fact been made, and Count 2, the assault of the sister’s boyfriend Caine where I think he went to ground and was kicked or something of that nature. Is there some difficulty with that? It is a common law assault, Count 2.
45MS BOLTON: No, that’s right. That’s correct, Your Honour, sorry, I was ‑ ‑ ‑
46HIS HONOUR: Where I believe he went to ground and was kicked or something of that nature. On all of those matters, I emphasise - taking into account the entire circumstances of this matter, I emphasise that, and I also emphasise the mental health problems, the significant health problems of the accused, on each of those matters that I have just raised that he be convicted and discharged.
47On the aggravated burglary count, the prisoner will be convicted and sentenced to 18 months’ imprisonment. I immediately announce that pursuant to s.18 of the Sentencing Act, he is to be given credit for having served 361 days of imprisonment which means two-thirds of the prison sentence has already been served, and I state - I do not believe I am bound to state it but I will state it, I do not fix a parole period, taking into account the significant health problems encountered by this gentleman and the fact that he is subject to the supervision of others. I say no more.
48I insist you do the best you can perhaps to speak to Dad first and of course the accused gentleman. I do not propose to sentence on Count 3, Count 4 or Count 5 - that is the intentionally cause injury and the two counts of threat to kill. I defer sentencing to a date to be fixed not later than 10 December 2016. I understand there is a deferral power of 12 months.
49I am conscious of the fact that a prison term has been fixed. As far as I am concerned, if there is a need for any further order, it will be in relation to assisting this man, not punishing this man. You understand what I am saying?
50MS KADDECHE: I do.
51IS HONOUR: But I have got some sort of supervision in terms of our own interests. I am not being critical of the mental health authorities in any way but at least we will see him in 12 months’ time. Within 12 months’ time, we can bring it on - as I said, adjourned to a date to be fixed not later than 10 December next year. If you have got a concern, or if the prosecution have got a concern, then just simply notify my associate and we will attend to it earlier if necessary, but not later than 10 December of next year, and if there is any further order that is going to be made by me, it is not of a punitive nature.
52MS KADDECHE: Can I just raise one matter, Your Honour, in relation to that, in terms of housekeeping matters. If Your Honour’s proposing to defer sentence, would Your Honour be proposing to bail him? Because at the end of the six - I understand it’s another six months, Your Honour would have to bail him ‑ ‑ ‑
53HIS HONOUR: He can be bailed on his own undertaking if necessary.
54MS KADDECHE: Can I say this, Your Honour, the court have to, as I understand it, bail would have to be signed at Thomas Embling, and my understanding is that the paperwork gets sent to the Collingwood police station and the sergeant from Collingwood police station takes the paperwork over.
55HIS HONOUR: Thank you. Now will you please reassure Mr Taylor Senior - and Junior, of course - what the effect of all of that is.
56MS KADDECHE: Yes.
57HIS HONOUR: Then I’ll publish those documents as soon as possible. I do propose to make an order under s.464 because of the nature of the charges involved. And I also ‑ ‑ ‑
58OFFENDER: Your Honour, if I may interrupt for one second, my psych nurse would just like to make a request to know that - which bail address I will be bailed to.
59HIS HONOUR: Well, we won’t know that until the bail documents are to be signed. Your barrister will talk about that, because there’s obviously going to be arrangements made in your best interests, and we don’t know what those arrangements are until the Mental Health Authority make them, and obviously then that will be the address that’s shown.
60MS KADDECHE: Just so that Mr Matthew-Taylor’s not concerned, his father has found him accommodation. So there is accommodation.
61HIS HONOUR: There you go, all right. I further make an order in relation to the goods seized and shown in the schedule. I am not going to read them out. That those goods be, pursuant to s.78(1) of the Confiscation Act, forfeited, that they be placed in the custody of the Chief Commissioner of Police and held by him until 28 days from this date or the conclusion of any appeal proceedings where they may be tested, analysed and then destroyed.
62And the last matter that I believe I have to mention is the s.6AAA provisions. I believe, taking into account all that fell from the Court of Appeal in the aggravated burglary matter, that I would have highly probably - it is crystal ball gazing, I know - but highly probably would have imposed a sentence of three years’ imprisonment with a minimum term of two.
63Thank you.
64MS KADDECHE: As Your Honour pleases.
65HIS HONOUR: Adjourn.
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