Director of Public Prosecutions v McLaughlin

[2025] VCC 1150

IN THE COUNTY COURT OF VICTORIA

AT MELBOURNE

CRIMINAL DIVISION

Revised
Not Restricted
Suitable for Publication

Case No. CR-25-00110

DIRECTOR OF PUBLIC PROSECUTIONS

v

LEROY MCLAUGHLIN

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JUDGE:	His Honour Judge Rozen
WHERE HELD:	Melbourne
DATE OF HEARING:	1 July 2025
DATE OF SENTENCE:	15 July 2025
CASE MAY BE CITED AS:	DPP v McLaughlin
MEDIUM NEUTRAL CITATION:	[2025] VCC 1150

REASONS FOR SENTENCE
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Subject:CRIMINAL LAW

Catchwords:          Recklessly causing serious injury – Use of knife – unprovoked attack - Objective gravity- above mid-range –  Koori Court sentencing conversation – Relevance of participation in sentencing – Aboriginal Community Justice Report – Childhood deprivation enlivening Bugmy principles – General and specific deterrence.

Legislation Cited:         Crimes Act 1958 (Vic); County Court Amendment (Koori Court) Act 2008 (Vic); County Court Act 1958 (Vic).

Cases Cited:R v McLaughlin (County Court of Victoria, Gamble J, 19 October 2010); Bugmy v The Queen (2013) 249 CLR 571; DPP v Rotumah [2022] VCC 1532; DPP v Heyfron [2019] VSCA 130; R v Verdins [2007] VSCA 102; Findlay v The King [2024] VSCA 191; R v De Simoni (1981) 147 CLR 383; DPP v McKay [2018] VSCA 292; Jojic v The Queen [2017] VSCA 77; DPP v Webb [2023] VCC 355.

Sentence: Total Effective Sentence – Four years and two months’ imprisonment – Non-parole period 2 years and 6 months’ – S 6AAA – Six years’ imprisonment – Non-parole period 4 years’.

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APPEARANCES:	Counsel	Solicitors
For the DPP	Ms A. Liantzakis	Office of Public Prosecutions
For the Accused	Ms N. Low	Victoria Legal Aid

HIS HONOUR:

1Leroy McLaughlin, you have pleaded guilty to:

(a) One charge of recklessly causing serious injury contrary to section 17 of the Crimes Act 1958 (Vic), which carries a maximum penalty of 15 years’ imprisonment.

2You are to be sentenced on the basis of the Summary of Prosecution Opening for Plea dated 27 June 2025, which I note is an agreed document.[1]

[1] Exhibit P1.

Circumstances of offending

3The victim in this matter is Daniel Walters. At the time of the offending, the two of you had been close friends for approximately 20 years. You began temporarily residing with Mr Walters at his house in Reservoir approximately three to four months prior to the offending.

4On Sunday 24 September 2023, at approximately 11:30pm, you, Mr Walters, his partner Stacey Dawson and his friends Andreas Weiss and Lindsay Crilly were all watching television in the lounge room at Mr Walters’s house. All of you had consumed drugs of dependence.

5During this time, Mr Walters received text messages and missed calls from your intimate partner, who was at another location.

6Mr Walters disclosed this to you, and you became suspicious of the relationship between your partner and Mr Walters. You took Mr Walters’s phone, called your partner and walked out to the front yard.

7At about this time, a neighbour heard a male yelling in the front yard words to the effect, “I fucking saw your messages, you fucking whore”.

8Several minutes later, you returned inside to the lounge room and began yelling at Mr Walters. You accused Mr Walters of cheating with your partner and called him a “fucking dog”. Mr Walters attempted to calm you down. You began to punch him with closed fists, striking his face and nose. He held his hands over his face for protection. Mr Weiss and Mr Crilly were present at this time whilst Ms Dawson was in another room.

9You then picked up a hammer and smashed Mr Walters’s phone with it. You demanded he hold out his hand. He did, and you hit his hand with the hammer. You were screaming at Mr Walters in what Mr Weiss has described as a fit of rage.

10You then walked into the kitchen and picked up two carving knives and returned to the lounge room with a knife in each hand. Mr Walters was seated on the couch. You approached him, stood over him and pointed the knives at him in a threatening manner. Mr Walters cowered on the couch and said words to the effect “Please Leroy, please Leroy”. You then stabbed Mr Walters in the back of his neck.

11Ms Dawson returned to the lounge room, stood between you and Mr Walters and asked you to stop and leave Mr Walters alone. You said to Mr Walters “I’m gonna take your life”. You then stabbed him a second time, on his left forearm, with the knife. This caused blood to spread throughout his clothing and drip onto the ground.

12At approximately 12:46am on the following morning, Mr Crilly went to the front yard and called a taxi. This conversation was heard by a neighbour, Daniel Brown, who heard Mr Crilly say “You need to hurry up, it’s life and death”. Mr Brown also heard various voices yelling and things being smashed. He recognised Mr Walters’s voice say “No, stop, just leave” and “don’t hurt me. Stop. Leave”. Another neighbour, Danielle Patrick, also heard various voices yelling at the residence and recognised Mr Walters say “Please, not me”, as well as a female voice saying “Please stop”. The taxi arrived at approximately 1:00am and Mr Crilly then left alone in the taxi. This was captured on residential CCTV.

13Mr Weiss was prevented from assisting Mr Walters and was threatened by you, stating “If you patch him up, I’ll put another hole in him”. Mr Weiss gave Mr Walters a t-shirt to hold over his arm wound. Mr Weiss noted Mr Walters was losing a lot of blood and was perspiring. You continued to taunt Mr Walters, saying “If I see the jacks, I’m fucking taking your life cunt. Your life is mine”.

14A short time later, you returned to Mr Walters on the couch. He brought his legs up towards his chest and curled up into a ball. You then stabbed him in his left calf with a knife. Mr Walters said “Ok Leroy, ok Leroy, no Leroy, no Leroy”. He placed his left leg back on the ground and blood pooled on the ground from his leg wound. Mr Weiss pleaded with you to stop but was again prevented from assisting Mr Walters.

15Mr Walters said “Please, I’ve got kids Leroy, I’ve got kids” and fell in and out of consciousness. You threw objects at him to keep him awake and kept saying to him “I’m taking your life”. You hit Mr Walters’s toe with the hammer to wake him. He lost consciousness for several hours.

16Between approximately 11:30am and 12:00pm on 25 September 2023, Belinda Altimari arrived at the residence in her car. She saw you asleep on one couch and Mr Walters slumped over and unconscious on a second couch, covered in blood.

17You woke up and told Ms Altimari that you stabbed Mr Walters because he deserved it. Ms Altimari returned to her vehicle and left shortly after. She stated that she did not call emergency services because she believed you would kill Mr Walters if police arrived.

18At approximately 1:30pm, Mr Walters regained consciousness on the couch. You and Mr Weiss were still present. Ms Dawson was seated in the hallway. You explained to Mr Walters why you did what you did. You apologised, shook hands, and hugged.

19Shortly after, Mr Weiss called Ms Altimari who returned to the residence. Upon arrival, you advised her that you had stabbed Mr Walters because he was texting your partner behind your back. Ms Altimari and Ms Dawson then drove Mr Walters to the Austin Hospital.

20CCTV at the Austin Hospital captured Mr Walters, Ms Altimari and Ms Dawson arrive at approximately 2:00pm on 25 September 2023 in Ms Altimari’s car. Internal CCTV captured Mr Walters being transported in a wheelchair with blood on his clothing. He was immediately admitted for surgery and was discharged on 28 September 2023.

21You left the residence at approximately 5:00pm on 25 September 2023 on a pushbike. At approximately 5:28pm on 25 September 2023, you called Mr Walters’ son, Angus Walters. You told Angus “I’m sorry bruz. I knocked up your dad”, “He was trying to touch my missus. They were on the phone together”, and “I jacked him four times”. Angus recorded a conversation with you on 26 September 2023, during which you apologised and stated you were “just pissed”.

22On 26 September 2023, Victoria Police attended the Austin Hospital. Mr Walters provided a statement, his clothing was seized, and photographs were taken.

23At approximately 12:53pm, Victoria Police attended the residence. Mr Weiss was the only person present. Police observed dried blood on the couch and on the floor in front of the couch. The coffee table was lying on its side and a hammer was on the ground in front of the couch. Police seized two knives, a hammer and a smashed Apple iPhone located within the lounge room of the residence.

Arrest

24On 5 October 2023, Victoria Police attended your partner’s house. Entry was gained by force, you were in the lounge room and were provided your caution and rights. You were placed under arrest and transported to the Preston Police Station for the purpose of a recorded interview. You exercised your right to provide a ‘no comment’ record of interview. You were charged and remanded in custody.

Injuries

25Mr Walters was examined by Dr Khan at the Austin Hospital on 25 September 2023. Dr Khan found that Mr Walters suffered a stab wound to the back of the right side of his neck at the base of his skull, a stab wound to his left forearm, a stab wound to his left calf, and other injuries including lacerations and abrasions to his hands and a right thumb tendon laceration.

26Treatment included surgery for each of the stab wounds, right thumb tendon laceration and left palm laceration. The left calf wound repair included a fasciotomy, evacuation of haematoma, removal of thrombus from a major lower limb artery and repair with venous graft. Mr Walters received antibiotics, required a blood transfusion following significant blood loss and required a pressure offloading boot for his leg injury.

27On 28 August 2024, Dr Gaya of the Victorian Institute of Forensic Medicine opined that Mr Walters experienced significant blood loss and loss of consciousness. The stab wound to the back of his neck, while concerning, did not involve major blood vessels or nerves. The deep wound in the left leg was severe, associated with arterial and nerve damage and was managed effectively with surgical intervention. The compartment syndrome in his leg was a serious medical emergency that required prompt surgery, such as a fasciotomy, to prevent life-threatening complications such as tissue necrosis.

28Dr Gaya opined that Mr Walters’s injuries were substantial both in the extent of tissue damage and complexity of treatment, which included multiple operations and post-operative care.

(a)   In relation to his right thumb, a 25 percent tear of the EPL tendon, limiting thumb extension and grip strength.

(b)   In relation to his left hand and forearm, partial tears of the FDS tendon on the ring finger, damage to the FDS and FDP muscle bellies and a complete severance of the lateral cutaneous nerve of the forearm, leading to functioning and sensory deficits.

(c)   In relation to his left leg, being the most severe injury, complete severance of the deep peroneal nerve, damage to the anterior tibial artery, and compartment syndrome due to a large haematoma. These injuries necessitated extensive surgical repair, including, fasciotomy, nerve repair, and an arterial bypass.

29Monitoring was required due to risk of complication such as ischemia, graft failure, and nerve dysfunction. Mr Walters was required to wear a cam boot post-surgery, avoid weight-bearing and attend various outpatient appointments such as plastic surgery, hand therapy, physiotherapy, and vascular surgery follow-up. He will likely continue to face permanent limitations especially of the left leg and hand.

30Mr Walters continues to experience the effects of his injuries, including:

(a)   Left leg persistent numbness, pain, and loss of function of the left foot particularly the big toe indicative of long-term nerve damage and a potential tendon transfer.

(b)   Left hand functional limitations and development of a fixed flexion (bending) deformity.

(c)   Ongoing pain and discomfort of the right thumb.

(d)   Significant psychological distress.

Objective gravity

31The Court of Appeal has explained that the offence of recklessly causing serious injury ‘… requires foresight on the part of the offender of the probability of serious injury as a consequence of their conduct and indifference as to whether or not those consequences occur’.[2] It follows that ‘… the culpability of a reckless offender will increase as the degree to which the offender has adverted to the actual consequences of his conduct increases’.[3]

[2] Findlay v The King [2024] VSCA 191, 15 [90] (‘Findlay’).

[3] Ibid.

32You had previous experience of the injuries that knives can cause as a result of your prior conviction for the offence in 2010. Further, on this night and early morning, you stabbed Mr Walters three times in circumstances where you must have been aware of the blood that he had lost from the earlier wounds. There must therefore have been a clear correlation between the injuries sustained and those foreseen by you. 

33Having regard to these principles, I consider yours is an egregious example of a serious offence. The features of the offending which make it so are:

(a)   Your use of a bladed weapon to injure Mr Walters by stabbing him three times including in the neck which evidences a high degree of recklessness;

(b)   The seriousness of the injuries you caused to Mr Walters and the ongoing impact of those injuries as detailed in the victim impact statement;

(c)   That the injuries were inflicted in Mr Walters’ own home where he was entitled to feel safe;

(d)   That you were a guest in Mr Walters’ home; and

(e)   That the attack was unprovoked as Mr Walters presented no threat to you and asked you more than once to stop hurting him.

34In assessing the objective gravity of your offending, I wish to make clear that I have disregarded parts of the opening which attribute conduct to you that could have been the subject of other charges.[4] These are:

(a)   That you told your victim ‘I’m gonna take your life’;

(b)   That you said ‘your life is mine’;

(c)   That you said ‘I’m taking your life; and

(d)   That you prevented others from assisting your victim.

[4] Under the principle in the case of R v De Simoni (1981) 147 CLR 383.

35This was at least a mid-range example of the offence of recklessly causing serious injury.

Victim Impact

36In a victim impact statement dated 27 October 2023, Mr Walters described the ongoing effects of the physical injuries you inflicted. He also stated that he constantly feels unsafe and his ‘mental wellbeing is not good’. He can no longer do things such as kicking a football with his kids that he used to do. Overall, Mr Walters explained that your actions that night changed his life forever.

37I have taken into account the impact on Mr Walters of your offending.

Personal circumstances

Family background

38You were born on 16 July 1986. You were 37 years old at the time of the alleged offending. You are now 38 years old.

39You are an Aboriginal man from the Yorta Yorta mob.[5] You were raised by your parents in Echuca until age six, when they separated. You and your three half-sisters were placed under a Guardianship to Secretary Order from 1994 to 2004 due to apparent abandonment, failure to ensure safety and environment neglect. Your mother suffered from alcoholism and you had limited contact with her during this period.

[5] This part of the reasons draws heavily on the Aboriginal Community Justice Report.

40You had no contact with your father for approximately 10 years. You reconnected with your father when you were 16 and developed a relatively close relationship.

41Your father had bipolar disorder and also had substance addiction issues. He passed away unexpectedly in March 2025 while you were on remand for this offence.

Foster Care

42You were placed with various foster families in Melbourne and Echuca and were raised by non-Aboriginal families. You and your sisters experienced and witnessed physical and sexual abuse in at least two of these foster homes. In one placement, you were sexually abused by your foster carer and tied up in the kitchen almost daily. In another, you were sexually abused by an older son of your foster carer. You are in the process of making a personal injury claim for the abuse you experienced in foster care.[6]

[6] Letter by Angela Sdrinis Legal dated 5 December 2024.

Life after Foster Care

43You left foster care when you were 16 years old, eventually living with your mother in Thornbury from ages 17-18. She passed away when you were 22 years’ old. You continued to live at the Thornbury house for a few years.

44You were in an on-and-off relationship with an older woman named Sharon when you were aged 17. She moved in with you at the Thornbury property and you became a step-father to Sharon’s two children.

45You lost the property as a result of your incarceration in 2017 and after your release in 2018, you were homeless together for several years – sleeping in a tent by the Yarra River in Abbotsford and moving between motels during the COVID-19 pandemic.

46You were assisted by Launch Housing to secure your own rental property during the COVID-19 lockdowns at the beginning of 2021.

Education and employment

47You attended numerous schools due to your frequent relocations while in foster care. You exhibited attention and behavioural issues at school which were likely related to your displacement from your family, having been placed in care and the trauma associated with the early abuse you had endured.

48You left school after year 10 and completed a hospitality TAFE course. You had brief periods of employment in maintenance, panel beating and tree-lopping.

49You were employed by Torch Indigenous Artists Program (‘Torch’) from 2014 until your remand in October 2023. You worked as an Arts Production Assistant for two days per week which involved artwork collection management, sales and installation; and were an accomplished artist who sold many artworks while participating in the program. Painting is an important source of comfort and purpose for you, and is a key connection to your culture. You continue to create artwork for Torch in custody. I will discuss this further later in these reasons.

Illicit drug use

50You were introduced to alcohol and cannabis by your cousins and peers during high school. You started to use heroin at 16-17 years of age. During your heroin dependency, you experienced at least nine overdoses. You made various attempts to cease heroin use including with methadone and buprenorphine, as well as by attending rehabilitation facilities.

51At around the time of the offending, you were using methamphetamine daily to address your declining mental health. You have been abstinent from illicit substances whilst in custody and are prescribed 70mLs of methadone daily.

Mental health

52You have been diagnosed with:

(a)   Complex Post-Traumatic Stress Disorder;

(b)   Major Depressive Disorder;

(c)   Traits of borderline personality disorder; and

(d)   Alcohol/Stimulant/Opioid Use Disorder.

53Ms Ferrari, who examined you at the request of your legal team concludes that your mental health conditions and trauma-related symptoms are consistent with the removal from your parents’ care, disconnection with your family, displacement with multiple foster carers and physical and sexual abuse perpetrated by foster parents whilst you were in State care.[7]

[7] Psychological Report of Leroy McLaughlin by Carla Ferrari dated 12 May 2025, 12 [120(ii)] (‘Exhibit D1’).

54You have had long-standing difficulties with managing your mental health and told Ms Ferrari that you have had at least five suicide attempts. You have attempted to suppress your severe symptoms through self-medication, which has contributed to difficulties with maintaining employment and further exacerbated your mental health and general functioning, including resulting in numerous incidents of violence leading to incarceration.

55Ms Ferrari describes your trauma as ‘adversely affecting [your] overall development, identity formation, self-esteem and personality development, general functioning and interpersonal relationships’.[8] Most significantly, Ms Ferrari noted that ‘it appears that [your] ability to trust others has been affected by [your] abuse, disrupted [your] attachment with partners and their children, and [you] feel incapable of feelings of love or demonstrating affection, with this making [you] feel vulnerable and uncomfortable.[9]

[8] See ibid.

[9] Ibid.

56You were experiencing a decline in your mental health in the lead up to the offending. You stopped attending your employment at the Torch Project and reported to them your increasing feelings of depression and suicide. In response, they had arranged for you to attend a men’s mental health group. However, you did not ultimately attend this due to further feelings of shame.

57Instead, you sought emotional support from Mr Walters spending many weeks with him at his house where you were provided with methamphetamine and alcohol – behaviours that are consistent with your tendency to suppress the severe symptoms of your trauma with self-medication.

58It is noted that you have a hypersensitivity to rejection, abandonment and betrayal which has emanated from your highly dysfunctional background.[10] This perceived betrayal by your partner and Mr Walters appears to have triggered an overwhelming emotional reaction,[11] resulting in the offending.

[10] Psychological Assessment Report of Leroy McLaughlin by Vanessa Pitts dated 15 April 2025, 10 [54] (‘Exhibit D3’).

[11] Ibid 11 [62].

59Inherent within the core diagnostic features of complex PTSD and borderline personality disorder are difficulties with effective emotion regulation. As a result, you have great difficulty in calming yourself down from heightened emotions. 

60Ms Vanessa Pitts, another psychologist who examined you for this plea, opined that your mental state would have been significantly impaired at the time of the offending, attributable to your complex trauma history, cognitive vulnerabilities, substance misuse/acute intoxication and compromised personality structure.[12]

[12] Ibid 11-2 [63].

Criminal Record

61Your criminal record dates back to 2004 when, at the age of 18, you appeared in the Magistrates’ Court charged with attempted theft of a motor vehicle. Since that time you have regularly come before the courts charged with a range of offences.

62Of particular concern are your prior convictions for violent offending which consist of a conviction in 2009 for intentionally causing injury for which you were placed on a community based order; a conviction in 2010 for recklessly causing serious injury for which you were sentenced to three years’ imprisonment in this court; a conviction for recklessly causing injury in 2017 for which you were sentenced to 6 months’ imprisonment; and two unlawful assault convictions – one in 2019 and another in 2021.

63You have also been sentenced to a number of community-based dispositions some of which you have breached.

64The most serious of your prior matters is clearly your 2010 conviction for recklessly causing serious injury. It is most concerning that the circumstances of that offending resemble the current offending. In January 2010, you stabbed your intimate partner in the back of the head and slashed her across the face with a knife. You were heavily intoxicated at the time. The offending occurred in the victim’s home in the presence of her eight year old daughter. The incident was unprovoked.

65In sentencing you, his Honour Judge Gamble characterised the offending as ‘in the upper part of the middle range of seriousness for offences of this type’.[13] You were the subject of a community-based order at the time of the offending. That order had been imposed for intentionally causing injury to the same victim.

[13] R v McLaughlin (County Court of Victoria, Gamble J, 19 October 2010) 7 [28].

66The court accepted that you were making concerted efforts to rehabilitate yourself and that you were remorseful. As noted, a sentence of 3 years’ imprisonment with a non-parole period of 18 months was imposed.

Aboriginal Community Justice Report

67The court received an Aboriginal Community Justice Report (‘ACJR’) about you dated 27 June 2025. ACJRs provide ‘holistic background information’ about the individual before the court, their family, Aboriginal community and history’. This information is provided to assist the court in sentencing. ACJRs serve a similar purpose to that served by ‘Gladue’ reports in Canada.[14]

[14] ‘Gladue’ reports are discussed in Bugmy v The Queen (2013) 249 CLR 571, 10-13 [28]-[35] (‘Bugmy’). There is also an informative discussion about such reports in DPP v Rotumah [2022] VCC 1532, 5-9 [28]-[49].

68The ACJR before the court discusses your cultural background (Yorta Yorta), the impact of colonisation on the Yorta Yorta people and the enduring trauma that is experienced by cultural descendants to this day.

69Importantly the report examines in detail your background which saw you taken into foster care when you were young and subjected to terrible abuse. This is discussed in more detail in the section headed ‘personal circumstances’.

70The authors of the report were present in court during the sentencing conversation and participated in the discussion in a way that assisted the court.

71The court has been assisted by the ACJR in its sentencing task and I express my gratitude to the authors.

Sentencing Conversation

72Although you have been before the courts regularly, this is the first time you have appeared in the Koori Court. All of your previous experiences of the justice system have been in the mainstream courts. An integral part of the Koori Court process is the ‘sentencing conversation’ which is steered by two Aboriginal elders or respected persons.

73You actively participated in the sentencing conversation on 1 July 2025 with two Respected Elders – Uncle Jim Berg and Aunty Michelle Winters. I observed that you took the conversation very seriously and were open and honest in your self-reflection. It would not have been easy for you to open up about your failings in the way that you did and this is to your credit.

74During the conversation you became emotional about your life and the mistakes you had made. You told the court that you wanted to improve yourself and change your ways. Much of the discussion focussed on your work as an artist. Uncle Jim is the patron of the Torch Project, a program that provides art, cultural and industry support to indigenous artists who have experienced incarceration in Victoria. You have worked for Torch.

75During the sentencing conversation both elders expressed the view that you need support once you are released to prevent relapsing into drugs and crime.

76The elders remarked about the high quality of your paintings. They encouraged you to concentrate on your artwork as a way of building up your self-esteem. You embraced this idea.

77Aunty Michelle said she is very sorry about your childhood experiences. She spoke to you about the need to acknowledge your past and be strong in the future. 

78The objective of the Koori Court is to ensure ‘greater participation of the Aboriginal community in the sentencing process of the County Court through the role to be played in that process by the Aboriginal elder or respected person and others’.[15]

[15] County Court Amendment (Koori Court) Act 2008 (Vic) s 1.

79In sentencing you, this Court may inform itself as it ‘thinks fit’.[16] I have taken into account your active and voluntary participation in the sentencing conversation in determining your prospects of rehabilitation and the appropriate sentence to impose.[17]

[16] County Court Act 1958 (Vic) s 4G(3).

[17] See generally DPP v Heyfron [2019] VSCA 130, 22-23 [66]-[69].

Matters in mitigation of sentence

80First, there is your guilty plea which is very significant. It represents an acceptance of responsibility for your offending and demonstrates your remorse. It saves the court and prosecuting authorities the time and expense of a trial. Witnesses, especially Mr Walters, are spared the inconvenience and stress of giving evidence. These are important matters to your credit.

81Secondly, your participation in the sentencing conversation is an important consideration. You were challenged about your offending by Aunty Michelle. I accept that you approached the conversation with sincerity. You demonstrated some remorse during the course of the conversation.

82Thirdly, I accept that your moral culpability for your offending is reduced by reason of the ongoing effects of your traumatic childhood. Yours is a case which enlivens the specific and general Bugmy principles.[18] As the High Court explained in that case:

The experience of growing up in an environment surrounded by alcohol abuse and violence may leave its mark on a person throughout life. Among other things, a background of that kind may compromise the person's capacity to mature and to learn from experience. It is a feature of the person's make-up and remains relevant to the determination of the appropriate sentence, notwithstanding that the person has a long history of offending.

Because the effects of profound childhood deprivation do not diminish with the passage of time and repeated offending, it is right to speak of giving "full weight" to an offender's deprived background in every sentencing decision. However, this is not to suggest, as the appellant's submissions were apt to do, that an offender's deprived background has the same (mitigatory) relevance for all of the purposes of punishment. Giving weight to the conflicting purposes of punishment is what makes the exercise of the discretion so difficult. An offender's childhood exposure to extreme violence and alcohol abuse may explain the offender's recourse to violence when frustrated such that the offender's moral culpability for the inability to control that impulse may be substantially reduced. However, the inability to control the violent response to frustration may increase the importance of protecting the community from the offender.[19]

[18] Bugmy (n 14).

[19] Ibid [43]-[44] (reference omitted).

83The evidence before the court demonstrates that the considerable childhood disadvantage that you suffered continues to influence the way you respond to situations you perceive to be stressful and challenging. As Ms Pitt explains, your offending ‘can be understood within the context of [your] longstanding trauma’.[20] She also expresses the view that complex trauma history such as yours ‘can culminate into extreme suspiciousness and mistrust towards others’.[21]

[20] Exhibit D3 (n 10) 11 [62].

[21] See ibid.

84The last sentence in the quoted passage at [82] from Bugmy is of importance in your case. As noted earlier, this is not the first time you have offended violently using a knife. On both occasions you were unable to control the impulse to respond violently to a situation you found frustrating. It must now be acknowledged that the impairments you suffer are likely to be longstanding if not permanent. This means that protection of the community is an important sentencing purpose in your case.[22]

[22] Brown [2020] VSCA 212, 22 [70].

85Fourthly, the principles in the case of Verdins apply.[23] Your moral culpability is somewhat reduced under limb 1 by virtue of your reduced capacity, due to your complex PTSD and BPD, to ‘regulate your thoughts, weigh up the consequences and consider alternative responses’ to what you saw on Mr Walters’ phone.[24] However, as the prosecution submits,[25] it is necessary to moderate the mitigating effect of your mental impairment due to the contribution of illicit substances to your offending.[26]

[23] R v Verdins [2007] VSCA 102 (‘Verdins’).

[24] Exhibit D3 (n 10) 11 [60]-[63].

[25] Office of Public Prosecutions, ‘Prosecution Sentencing Submissions’, Submission in DPP v McLaughlin, CR-25-00110, 30 June 2025, 5 [21] (‘Prosecution Submissions’).

[26] Exhibit D3 (n 10) 11 [62]-[63].

86Your ‘moral culpability for this offending [cannot] be realistically be equated with that of a person who had had the advantage of a stable, secure and loving upbringing, and who did not suffer from the same impairment of mental functioning’.[27] This lessens, but does not remove entirely, the extent to which general and specific deterrence are applicable sentencing objectives in your case.

[27] Cf DPP v Herrmann [2021] VSCA 160, 25 [86].

87As explained by the Court of Appeal in the case of Hermann,  in a case where the court’s assessment of moral culpability is affected by both the application of the Bugmy principles and Verdins limb 1, it is necessary to give each the weight that is appropriate in the sentencing synthesis. Concepts such as ‘overlap’ and ‘double counting’ are to be avoided.[28]

[28] Ibid 24-25 [82]-[84]

88Limb 5 of Verdins is also enlivened as I accept that time in custody will be more difficult for you than it would be for a person without your mental health conditions.[29]

[29] Exhibit D3 (n 10) 12 [64].

89Your counsel submits that limb 6 is also relevant.[30] In her comprehensive and detailed submissions on your behalf, Ms Low submitted that the symptoms of “trauma reactivation” that you are experiencing in custody are evidence that imprisonment is already having a significant adverse effect on your mental health. I note that this is supported in the evidence.

[30] Victoria Legal Aid, ‘Outline of Defence Submissions for Plea’, Submission in DPP v McLaughlin, CR-25-00110, 25 June 2025, 5 [28] (‘Defence Submissions’).

90At paragraph 64 of her report, Ms Pitts opines:

Based on Mr McLaughlin’s descriptions during the assessment, it appears that the impacts of imprisonment are quite burdensome on his mental state. He spoke about a consistent sense of hypervigilance that is noticed by his peers. Naturally, the custodial environment is one that can be hostile and threatening, and it is not uncommon for violence to erupt. With Mr McLaughlin’s history, it seems he is consistently observing his environment for potential threats. Mr McLaughlin spoke about difficulties with being in crowds, stating he becomes anxious and overwhelmed. He notices that he experiences increased anger and irritability, and that he utilises a punching bag to release his frustrations. These all appear to be symptoms of trauma reactivation, highlighting that he is likely to be in a constant state of dysregulation. Mr McLaughlin did not have any understanding of his symptoms (relating to trauma), rather perceiving that he was paranoid. Furthermore, as highlighted above, as a result of his personality profile (with prominent BPD traits) he is prone to impulsive behaviours when emotionally dysregulated. His lower cognitive functioning impairs his ability to engage in problem-solving and higher order cognitive skills, particularly when dysregulated. Thus, there is a greater risk that Mr McLaughlin will find himself amidst interpersonal conflicts within the custodial environment.

91I accept that there is some support in the evidence to demonstrate that there is a ‘serious risk’ that imprisonment will have ‘a significantly adverse effect’ on your mental health thus enlivening limb 6 of the Verdins principles. Accordingly, I have moderated the sentence on this basis to a modest extent.

92Finally, it is agreed by the parties that delay is a mitigating consideration. The offending occurred nearly two years ago and you were charged and remanded within a fortnight. There were considerable delays while the case was in the Magistrates’ Court which were not of your making. In this court, your case has been expeditiously concluded.

93I have taken into account the anxiety that you will have suffered as a result of this delay.

Rehabilitation Prospects

94After discussing your mental ill-health, Ms Pitts expresses the following opinion about your prospects of rehabilitation:

Despite these challenges, Mr McLaughlin has demonstrated potential for engagement in therapeutic activities when supported in a culturally responsive, strengths-based environment. His long-term involvement with The Torch’s Indigenous Arts Program has been of substantial psychological benefit. Mr McLaughlin reports that through painting, he experiences a sense of emotional freedom, cultural identity, and non-judgemental expression. He describes this process as central to his self-regulation and psychological wellbeing. This suggests that non-verbal, creative modalities may be more appropriate and accessible for his therapeutic needs. Should Mr McLaughlin engage with this, and other recommended treatment modalities to address his mental health, as well as his substance use issues, his prospects for rehabilitation are positive. Without such treatment, and with continued use of substances and alcohol, Mr McLaughlin’s prospects for rehabilitation are guarded. He will likely continue experiencing the effects of his trauma, which are difficult to manage, and will therefore, likely revert back to his primary coping strategy of substances. In this case, Mr McLaughlin’s risk of reoffending significantly increases. However, if Mr McLaughlin is able to engage in the following recommendations, his risk of recidivism will decrease, and his prospects of rehabilitation will increase.[31]

[31] Exhibit D3 (n 10) 12 [66].

95I accept this opinion. You have little family support and the likelihood of you being a father in a practical sense for your daughter Mateika who is now 18 is not looking positive. Ms Pitts records your ambivalence in this regard.[32]

[32] Ibid 5 [33].

96Your longest period of employment has been with the Torch’s Indigenous Arts Program. During the sentencing conversation, you said you enjoyed this work and are keen to return to it when you are released. A letter to the Court from Mr Kent Morris, the Creative Director at the Torch, describes you as ‘an incredibly talented artist and employee’. There is work for you at the Torch upon your release. This is positive.

97I have also taken into account your voluntary participation in the sentencing conversation as a positive indication of your preparedness to change your ways.

98As is often the case, your rehabilitation is largely in your hands. Given the uncertainties, all I can do is assess your prospects as guarded. 

Current sentencing practices

99The court was referred to three decisions of the Court of Appeal concerning appeals against sentences imposed by this Court for recklessly causing injury or serious injury,[33] as well as one decision of this Court in such a case.[34] In each case, a knife was used by the offender.

[33] Findlay (n 2); DPP v McKay [2018] VSCA 292; Jojic v The Queen [2017] VSCA 77.

[34] DPP v Webb [2023] VCC 355.

100The sentences imposed ranged from 4 years to 4 years and 6 months’ imprisonment. In the course of the appeal judgment in the case of Findlay, the Court of Appeal observed that in the period between 2017 and 2022, the median sentence for the offence of recklessly causing serious injury was three years and 9 months’ imprisonment.[35]

[35] Findlay (n 2) 12 [74].

101Sentences imposed in earlier cases are of limited benefit to a sentencing judge. While they offer some guidance on the range of sentences imposed by other courts, the decision of the appropriate sentence to impose in a given case is made having regard to the facts of that case and the circumstances of the offender.

102It is also significant that, as pointed out by your counsel,[36] none of these four cases was heard in the Korri Court.

[36] Defence Submissions (n 29) 11 [55].

Submissions

103The prosecution submitted that the only disposition reasonably open is a term of imprisonment comprising a head sentence and a non-parole period.

104Your counsel conceded that a term of imprisonment is warranted. The court should avoid a crushing sentence.

Consideration

105As discussed earlier, this is an egregious example of the serious offence of recklessly causing serious injury. The injuries inflicted by you on Mr Walters were very significant.

106In determining the appropriate  sentence I must take into account your history of prior offending; especially the 2010 offending which bears some similarities to the matter before the court. That history increases the need for specific deterrence and community protection.

107There are important matters of mitigation that have been examined earlier. These reduce the appropriateness of your case as a vehicle for general deterrence.

108Taking all relevant matters into account, on the charge of recklessly causing serious injury, you are convicted and sentenced to four years and two months’ imprisonment.

109You will be eligible for parole after you have served two years and six months.

110Pursuant to section 6AAA of the Sentencing Act 1991, I state that, had you pleaded not guilty, the head sentence would have been six years’ imprisonment with a non-parole period of four years.

111Pursuant to section 18 of the Sentencing Act 1991, the period you have spent on remand of 649 days (excluding today) is to be reckoned as time served in relation to the sentence imposed today.

112I make the forfeiture order sought by the prosecution noting that it is not opposed.