Director of Public Prosecutions v Meers

[2017] VCC 828

IN THE COUNTY COURT OF VICTORIA Revised
(Not) Restricted
Suitable for Publication

AT LATROBE VALLEY
CRIMINAL JURISDICTION

CR 17-00209

DIRECTOR OF PUBLIC PROSECUTIONS

v

LUKE ANTHONY MEERS

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JUDGE:	HIS HONOUR JUDGE SMALLWOOD
WHERE HELD:	Latrobe Valley
DATE OF HEARING:
DATE OF SENTENCE:	21 June 2017
CASE MAY BE CITED AS:	DPP v Meers
MEDIUM NEUTRAL CITATION:	[2017] VCC 828

REASONS FOR SENTENCE
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Subject:
Catchwords:
Legislation Cited:
Cases Cited:
Sentence:

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms D. Guesdon
For the Accused	Mr J. Sullivan

HIS HONOUR:

1Luke Anthony Meers, you have pleaded guilty to two charges of common assault and one charge of intentionally causing injury.  Those crimes carry maximum penalties of five years and ten years respectively.  You have also pleaded guilty to some uplifted summary matters, two of unregistered vehicle and two of unlicensed driving.  In this scenario where you have now been in custody for a significant period of time, on the unregistered drivings I will simply convict and discharge, on each of the unlicensed drivings 30 days which will be concurrent with the aggregate sentence I am going to impose on the assaults.

2You are now 37 years of age, you pleaded guilty to a settled indictment and you must get the utilitarian benefit of that.  I will also in this situation give you benefit of the doubt in relation to remorse as I am informed that you and the victim have reconciled.

3You do have relative prior convictions. You have been gaoled before. There is some violence in it and obviously it puts this offending in a context of seriousness that it might not otherwise have. Pursuant to s.464 of the Crimes Act, I make an order that you provide a saliva sample for DNA purposes.  That order having been made, I must advise you that should you refuse to provide such a sample, police may use reasonable force to take it from you and that order is made and handed down.

4A summary of the offending can be done in relatively short compass.  You had been, and continue to be as I understand it, in a relationship with one George Johnson who was some 13 years younger than you.  You have two children together and the relationship would appear to have been turbulent.  There had been discussions and arguments between you about unfaithfulness and the like and various nasty massages sent.

5The relevant date is 29 March 2016 where arguments took place.  In the event you grabbed her mobile phone and she refused to give it to you.  You grabbed her, held her around the neck which is part of Charge 1 of a common assault.  You took her mobile phone, tried to unlock it but could not.  You then accused her of lying, called her a slut and she told you were the one doing the wrong thing.

6You were both angry and verbally abusive.  You kicked her on the back of the legs causing her pain.  She opened the front door and went outside. That is the other part of Charge 1 of common assault.  You then followed her outside calling her a liar and the matter went from there.

7At about 11.30 she was at home and was attempting to move a curtain across the front door.  You had left and she was doing this in order to prevent you from getting back into the house.  She heard you arrive in your car, punch the front door and she told you to fuck off.  You pushed her through the door, grabbed her in a headlock and again assaulted her.

8She broke free and ran out the front door.  You then pushed her onto a couch face down and pushed her face into one of the cushions in order to prevent her from yelling.  You then punched her to the back of the head two or three times.  It becomes part of Charge 2 of common assault.  She managed to get outside.

9She was screaming at you, you were screaming at her and you reached your car and she was nearby.  You then grabbed her in a headlock, bent her over and smashed her head into the boot - a number of times causing her pain.  That is another part of Charge 2, of rolled up common assault.  You drove away still in possession of her phone.

10At about 4.40 am in the morning, she was asleep.  You returned to the house, went into her bedroom and punched her several times in the head.  She received some injuries including bruising and a lump to the head. That gives rise to Charge 3 of intentionally causing injury.  She begged you not to hurt her and you ultimately went away.  Her father came over and viewed the injuries.

11When interviewed by police, you denied the offending.  You were remanded in custody and have remained there.  As I understand it, that is for some 427 days.  The offending has to be regarded as serious domestic violence which calls for the application of general and specific deterrence as well as denunciation and appropriate punishment.

12In my view an active custodial sentence would have been the only available option here and in fact you have now in effect already done one.  Material was tendered on your behalf including a report from a psychologist,
Mr Jeremy Parker, and he points out, having examined you, that you in all likelihood have a bipolar disorder and suffer from depression.  It is clear that the offending occurred in the context of the abuse of ice and whilst that does not affect the moral culpability, certainly in terms of your other underlying issues as described by Dr Parker, I think you have effected some of the principles in Verdins.

13You have had a difficult life.  You moved around a lot as a child.  You would appear to have had a reasonably good work record and you have somewhere to go when you get out.  I do not think I need to go into all the details of your background.  It is a situation where you must understand by now that any repetition of this sort of behaviour to this sort of level would result in a very serious and significant custodial sentence indeed.

14The prospects of your rehabilitation are up to you. The risk of you re-offending is problematic but as I have said, if your partner has decided to forgive you, that is her decision.  In any event, on the charges of assault you are sentenced to be imprisoned for an aggregate period of 427 days and I direct that 427 days be reckoned as having been served under this sentence and that is to incorporate the sentences passed on the unlicensed driving.  So the sentence is to conclude today.

15I say that but for your plea of guilty, pursuant to s.6AAA, I would have given you two years with a minimum term for 18 months.  No other orders I have to make.  No.  Yes, all right.  You will go back and they will let you go probably in an hour or so.  All right, you can take him now thanks.

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