Director of Public Prosecutions v Murphy
[2018] VCC 2220
•21 December 2018
| IN THE COUNTY COURT OF VICTORIA | Revised Not Restricted Suitable for Publication |
AT MELBOURNE
CRIMINAL JURISDICTIONCR 18-01567
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| GREYSON MURPHY |
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| JUDGE: | HIS HONOUR JUDGE CARMODY |
| WHERE HELD: | Melbourne |
| DATE OF HEARING: | 1 October 2018, 22 November 2018 and 21 December 2018 |
| DATE OF SENTENCE: | 21 December 2018 |
| CASE MAY BE CITED AS: | DPP v Murphy |
| MEDIUM NEUTRAL CITATION: | [2018] VCC 2220 |
REASONS FOR SENTENCE
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APPEARANCES: | Counsel | Solicitors |
| For the Director of Public Prosecutions | Mr L. Cameron | OPP |
| For the Accused | Mr D.A. Dann QC | Lethbridge’s |
HIS HONOUR:
1Greyson Murphy, on 1 October 2018 you pleaded guilty to the following charge on indictment No.J11066379. Charge 1, assault with intent to commit a sexual offence. This charge has a maximum penalty of 15 years' imprisonment.
2Your case was adjourned to 22 November 2018, to allow for further psychiatric reporting to be obtained. A report prepared by Dr Prashant Pandurangi dated 18 November 2018 was filed prior to the plea hearing. As at the date of your plea hearing, you had completed 211 days pre-sentence detention. On 22 November 2018 I ordered a community corrections order assessment and a Forensicare discharge, custody and treatment plan.
Circumstances of Offending
3The circumstances of your offending are as follows. The prosecution tendered an agreed summary of prosecution opening dated 6 September 2018, it was Exhibit A. The circumstances of your offending were set out in that summary as follows: “On Wednesday 25 April 2018, Charlotte Glass[1], the complainant in this case, started work at 3 am at Tullamarine Airport. She worked as a Customer Service Officer for Jetstar. She was wearing a Jetstar uniform and was checking in passengers for a flight to New Zealand.
[1] A pseudonym
4At around 5.15 am, she went to the public toilets near the Jetstar counter. There was nobody else in the toilets when she entered and all the cubicle doors were open. She went into the fifth cubicle and locked the door. A few minutes later she left that cubicle. There was another woman, Elicia Dzal, in there washing her hands. Dzal noticed that you, Mr Murphy, were watching females go past. You were near the Hungry Jacks store there. In the toilets, Dzal noticed that you were in a cubicle and appeared to be standing so that your shoes could be seen under the door.
5Ms Glass was then about to wash her hands at the sink when you grabbed her around the waist, by putting one hand on each side of her waist. You were holding firmly but not too tightly, such that she would be able to break free. You then began pulling her back towards the cubicle. While you were pulling her backwards, you were saying to her, "C'mon baby", about three times. Ms Glass said to Dzal, that she did not know you. Ms Glass loosened the grip and managed to move away towards the door of the toilet. Dzal has also assisted in pushing you.
6As she was about to walk around the corner you have grabbed her left hand and pulled her back into the toilets. She was holding the wall with her right hand to stop being dragged in. You were pulling on her firmly. Ms Glass again said to the other lady, she did not know who you were. You have said, "Yes you do", in a normal voice. She has then managed to get loose from your grip and got away. Ms Glass went back to the Jetstar counter and you followed her for part of the way. She complained to her colleagues at that time about something happening to her. She was distressed. The Australian Federal Police were called soon after.
7You had been brought to the airport that morning by your friend, Alyson Keily. She had stayed the night before at your house and you had been saying, "I'm worried. I'm going to be in loads of trouble when I get back to New Zealand". On the way to the airport, you told Ms Keily that you had taken some medication for depression. After checking in at the airport, you told her that you were going for a walk, which you did. You rang her and said that you were on your way back, when you got back to her, you said to her, "Aly, I think we should go as I just pushed a girl and I'm in trouble".
8Keily then said, "What do you mean, you pushed a girl?" You have said, "I was in the girl's toilet and I grabbed a girl and another girl grabbed her off me". The AFP officers, Birch and Krialis attended. You said to Krialis, "I am sorry". Krialis asked you why and you said, "Because I grabbed a girl and I was trying to rape her but she broke free". You were then arrested and taken to Broadmeadows police station. You were interviewed by Victoria Police. During the interview, you said as follows:
·That you were going to have medication and the men's toilet was closed for cleaning.
·An air host woman walked past you and you lost control and followed her into the toilets.
·That you went up behind her and she went to go away, that you were worried about catching the flight and you were feeling uneasy.
·That she walked past you and you followed her and tried to rape her.
·That you went into a cubicle a few up from her.
·When she flushed the toilet and went to wash her hands, you came out behind her and then tried to rape her.
·When she went out to wash her hands, you grabbed her by the hips and tried to push her into the toilets.
·You intended to have sex with her, to rape her.
·That you were going to undress and to rape her.
·She was attractive, so you wanted to have sex with her. You said, you defined rape to the police as having sex with someone without them wanting it.
·You acknowledged that she was probably scared, did not know what was going on and was threatened
·That you had spent two weeks in a “psycho-ward” in Perth after attempting the same thing in Bali.
9The charges against you has had an extended period of resolution and the chronology of those events is as follows:
On 25 April 2018, you were arrested and you were interviewed for the charge.
On 26 April 2018, there was a filing hearing.
On 16 May 2018, there was a bail application which was refused.
On 3 August 2018, a committal mention and the matter was resolved as a contested plea.
On 6 August 2018, there was an initial directions hearing.
On 20 August 2018 there was a further directions hearing.
On 1 October 2018 this matter was listed for a contested plea, which did not take place at that date.
Then on 22 November 2018, the plea hearing itself was heard.
10The plea hearing was adjourned to this day, 21 December 2018 to allow for the finalisation of a community corrections assessment and a report from Forensicare community forensic mental health service. On 27 November 2018, a community corrections assessment report was received by the court. You had been assessed as being unsuitable for a CCO. A Forensicare report dated 18 December 2018, set out a follow-up services for psychiatric and case management upon your release from Ravenshall prison.
11This morning I received a report from Forensicare dated 21 December 2018 setting out your current treatment plan and proposed appointments at the Mercy Health Area Mental Health Service on 18 January 2019. This is a change from 28 December 2018 appointment, which was referred to in the earlier report from Forensicare dated 18 December 2018.
Victim Impact Statement
12I turn to the impact on your victim. The victim of your offending, Charlotte Glass, filed a victim impact statement dated 30 September 2018. It was Exhibit B on the plea. The prosecutor read the victim impact statement in open court. Clearly your offending has had a significant and long-standing effect on Ms Glass. On the day of your offending she was going about her duties at work, assisting the travelling public, of which you were a member. She goes to the female bathrooms and has been offended against by you, in the manner described earlier in these reasons. You have left her scared and unable to go about her work, socialising and her fitness competitions. She was afraid of her workplace.
13It was up to eight weeks before she could return to her work for day shifts only. Special arrangements are still in place to allow her to get to and from the staff car park area. Her area of work is close to the place of your offence and she has daily reminders of your offending, because of that location. She has lost her sport, her confidence in a social setting and trusting people generally. She has suffered financial loss, which is ongoing. In Ms Glass's opinion, these impacts will be ongoing for her. One can only hope in time she will recover from your offending.
Your Personal Circumstances
14I turn to your personal circumstances. You are now 26 years old. You were born in the North Island of New Zealand and grew up in the South Island. You have been raised by your mother, Michelle Murphy, who was in court the day of the plea and I note she is in court today. Tragically your father was killed in a motor vehicle accident when you were six days old. You have no siblings.
15You were educated to Year 12 level in New Zealand. Your Year 12 education was a gateway of course, to a trades program. After completing your school education, you went to Christchurch Polytechnic Institute of Technology to commence a joinery apprenticeship. You completed a four year joinery apprenticeship. You worked at JB Joinery from July 2010 till October 2015. That is set out in Exhibit 5. You completed your apprenticeship whilst employed by JB Joinery. In August 2014, you became a fully qualified joiner.
16The reference from your employer, Stuart Cowan, which is dated 2 October 2015, speaks in glowing terms of your competency and skill in your trade. Mr Cowan describes you as showing initiative and problem solving in performance of your work. He describes you as a reliable worker.
17In 2015, aged 23, you came to Australia. You set up a company known as "Greyline Instals" and worked as a sub-contractor on short term contracts as a cabinet maker and kitchen installer. You were conducting this business up to the time of your offending.
18An extensive bundle of references and letters were tendered on your behalf, which were Exhibit 4. The letters were from your mother, first of all, your grandmothers, uncles, aunties and cousins. It is clear from reading this material, that you have broad and strong support from your extended family. The common thread through these letters is that your normal self is a caring and respectful person, who is suffering from a mental health condition.
19The letter from your cousin, Tamara Mark, which was dated 19 September 2018, sets out in detail some difficulties you faced in Bali and subsequently in Perth around the time of your 25th birthday. You are fortunate that your family members acted so promptly to rescue you and evacuate you from Bali. It is unfortunate that after your return to Melbourne following your release from the Armadale Hospital in Perth, that you decided to cease your medication regime.
20You have been assessed by Dr Prashant Pandurangi, psychiatrist. Dr Pandurangi prepared two reports dated 17 May 2018, which was Exhibit 2 and 18 November 2018, which was Exhibit 3. In his first report, Dr Pandurangi took a history from you that after hearing voices, you tried to “gas” yourself at the Bali Airport. You told him you were transferred to Perth and admitted as an involuntary patient at Armadale Hospital on 1 September 2017. You told Dr Pandurangi that for the first six months after release from Perth hospital, your mental state was fairly stable. You resumed drinking heavily and took cocaine sporadically. You felt everything was “fake” again. That is the history you gave to him.
21In May 2018, you were transferred from prison to Thomas Embling Hospital. You were commenced on Olanzapine. You have subsequently been transferred back to the Aire Unit, which is in Ravenshall prison. Dr Pandurangi's opinion is that you have developed a paranoid psychotic illness and the differential diagnosis of either paranoid schizophrenia or drug-induced psychotic disorder.
22In his second report, Dr Pandurangi noted that you were in “lock-down” after touching a female member at the Ravenshall correctional facility and some property damage caused by you. You reported an “urge to touch women and let go…Just touch", is the way you describe it, with an anxiety that something bad would happen if you did not do it. Dr Pandurangi noted your current medication regime now is 30 milligram of Aripiprazole and 100 milligram of Clomipramine daily.
23Dr Pandurangi gave an opinion that your diagnosis of paranoid schizophrenia is confirmed. You also have a confirmed diagnosis of obsessive compulsive disorder. In his opinion, your use of drugs has contributed to the development of or the precipitation of your mental illness. Dr Pandurangi's opinion is you require assertive treatment from mental health services upon release.
Sentencing Considerations
24I turn to sentencing considerations. The basic purpose for which a court may impose a sentence of just punishment, deterrence both specific and general, rehabilitation and denunciation of your actions and the protection of the community. In sentencing you, I must have regard to a range of factors such as the seriousness of your offending, your culpability for it and your personal circumstances. I am also required to balance the interests of the community in denouncing your criminal conduct with the interest of the community, in seeking to ensure as far as possible, that you as an offender are rehabilitated and reintegrated into society.
25I am also required to take into account current sentencing practices in fixing your sentence. That enquiry is directed particularly but not exhaustively, to the kinds of sentences imposed in comparable cases and the statistics for those sentences. I have considered the statistics and the current sentencing practices, mindful that each case must be considered in the light of its own particular circumstances, and many of the cases would be distinguishable from your case, as indeed they are from one another.
26I am mindful of the provisions of the Sentencing Act and in particular s.54C which directs the sentencing court to consider whether a community corrections order can achieve the purpose for which this sentence is to be imposed. I have reviewed the case of Boulton in considering if a community corrections order would be appropriate in your case, and as you know I had you assessed for a community corrections order. You were assessed as not being suitable. That does not finish the matter.
27You have pleaded guilty to this charge. Your plea of guilty was indicated at an early stage. Your plea does have the utilitarian value of allowing for the orderly and effective administration of justice. There is a certainty of outcome and a resolution of the substantive issues raised by your offending. Your plea allows for the preservation of court and police resources to deal with other matters and your plea vindicates the public confidence in the legal process set up to protect the community. Your plea also is a clear acknowledgement by you, that you accept responsibility for your criminal behaviour on this occasion.
28Your plea also recognises you are willing to facilitate the course of justice in the community and I accept that your plea to this charge, indicates and demonstrates remorse on your part. Your plea also obviates the need for your victim, Ms Glass, from giving evidence and being subjected to the trauma of the court processes. In the course of the investigation you made full voluntary admissions and expressed remorse for your offending. You have confirmed your remorse for your offending with your family members, which is set out in their letters (Exhibit 4).
29You have no prior convictions in this country or your country of origin, New Zealand. You have been in custody since the day of your arrest on Anzac Day 2018. Your counsel, Mr Dann, submitted that the principles of Verdins case apply to your sentencing process. In respect of the reduction in moral culpability, he relied upon Dr Pandurangi's opinion, which stated as follows.
"The statement of Ms Keily does indicate that he was mentally unwell at the time, however does not elaborate on any specific beliefs. Interestingly, the police record of interview does not reveal any systemised delusions or perceptual abnormalities which Mr Murphy was suffering from at that time. The relationship between Mr Murphy's offending and his underlying mental disorder is not a straight forward one. The available information suggests his psychotic beliefs at the time would have clearly worsened by underlying obsessional beliefs he would have had. He was distressed by the psychotic beliefs and has described not being in control or having no feelings at the time of the incident".
30I accept that at the time of the offending, you had an underlying mental disorder identified in September 2017 in Perth. The conflict between Ms Keily's assessment of your mental state and your responses in the record of interview, do not assist in being satisfied your moral culpability for this offence is substantially reduced. I will make some allowance for a reduction in your moral culpability, in your sentence, due to your underlying mental disorder.
31The sentencing factors of general deterrence and specific deterrence are appropriately moderated to reflect your underlying mental disorder, at the time of the offending. Further, specific deterrence is to be moderated at the time of your sentence, as you are appropriately medicated under Correctional supervision and the risk of reoffending is correspondingly reduced. Further, I accept your mental condition weighs more heavily on you than a person of normal mental health due to your custodial status. I note you have been placed in lockdown due to touching, as it was described, a female Correctional staff member.
32Your enforced psychiatric treatment whilst in prison and Thomas Embling Hospital has resulted in your current mental state being stabilised. Your offending is serious. The factors indicative of the level of the seriousness are:
(1), the random nature of your attack;
(2), the attack occurred in female toilets at an airport, that is a public place;
(3), the nature of your attack in capturing a random person and trying to get her into a toilet cubicle in the toilets;
(4), your expressed desire to rape the woman that you had grabbed; and
(5), the direct effect on your victim.
33Your prospects of rehabilitation are predominantly dependent on your partaking in a strict psychiatric and psychological regime upon your release from prison. You have the benefit of broad family support. Your mother has moved to Melbourne to support you whilst you are in custody and to reside with you upon your release from prison. If your mental health regime is strictly imposed and complied with by you, then your prospects of rehabilitation are relatively good for someone who has offended in this nature.
34The best way of your rehabilitation to be enhanced, is if it is controlled by the Adult Parole Board. That way the protection of the community will be bolstered. I was not addressed about the prospect of you being deported to New Zealand at the end of your sentence. It is appropriate to note that in your case, deportation could amount to an additional punishment as you had moved to Australia to make a new home for yourself and you have commenced a joinery business here. Your mother has moved to Melbourne to live with you and to care for you. The position of whether you face the risk of deportation to New Zealand is unknown. Would you stand please?
35On Charge 1, you are convicted and sentenced to three years' imprisonment. I will fix a non-parole period of two years' imprisonment before you are eligible for parole. I declare that you have served 240 days pre- sentence detention. Pursuant to 464ZF I will make an order that you are to provide a forensic sample. The reason for that are the nature of the offending, it is in the public interest and as I understand it, it was not opposed.
36Pursuant to section 6AAA of the Sentencing Act 1991, I direct that were it not for your plea of guilty I would have sentenced you to a Total Effective Sentence of 5 years imprisonment, with a non-parole period of 3 years 3 months imprisonment.
37MR DANN: If Your Honour pleases.
38MR CAMERON: If Your Honour please.
39HIS HONOUR: Is there anything else?
40MR DANN: No, Your Honour.
41HIS HONOUR: Thanks. Thank you. You can remove the prisoner.
42Thank you.
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