Director of Public Prosecutions v Olle

[2025] VCC 1358

IN THE COUNTY COURT OF VICTORIA

AT MELBOURNE

CRIMINAL JURISIDICTION

Revised

Not Restricted

 Suitable for Publication

CR 24-02139

DIRECTOR OF PUBLIC PROSECUTIONS

v

JANDAMARRA OLLE

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JUDGE:	HER HONOUR JUDGE WILMOTH
WHERE HELD:	Melbourne
DATE OF HEARING:	13 March 2025
DATE OF SENTENCE:	17 September 2025
CASE MAY BE CITED AS:	DPP v Olle
MEDIUM NEUTRAL CITATION:	[2025] VCC 1358

REASONS FOR SENTENCE

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Subject: Criminal law - sentence      

Catchwords: Pleas of guilty to one charge of aggravated burglary and one charge of causing injury recklessly – unprovoked and unexplained entry into stranger’s house – punch to victim’s face – continuing physical aggression – subdued by victim who suffered laceration from broken glass – offender aged 36 -long-standing schizophrenia – non compliant with medication – Verdins’ principles enlivened - previous conviction for armed robbery – several prison terms served in last few years – offending consistent with psychotic episodes -  presently complaint with treatment and medication – stable accommodation- supportive family and community – partially developed insight and judgment – totality.

Cases Cited: Verdins    

Sentence: 6 months imprisonment with 15 month CCO   

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APPEARANCES:	Counsel	Solicitors
For the DPP	Mr A Moore	OPP
For the Accused	Mr V Peters	VLA

HER HONOUR: 

1Jandamarra Olle, you have pleaded guilty to one charge of aggravated burglary and one charge of causing injury recklessly.  These charges are punishable by maximum sentences of 25 years and five years' imprisonment respectively.

2Today I will be sentencing you to six months' imprisonment in combination with a Community Correction Order.

3I have determined that the offending was too serious to avoid the imposition of a non-custodial sentence.  I will explain my reasons for this sentence.

4The victim in this matter is Matthew Hickey, who was living in Forest Road, Orbost.  On the afternoon of Sunday 31 March 2024, a friend of his, Paul Marsh, went to Hickey's home and found you standing in the front yard.  You asked Marsh if the ute in the yard was for sale.  He said “no” and knocked on the door of the house.  Hickey opened the door and let Marsh in, and you followed.

5Hickey offered you a beer, believing you were a friend of Marsh's.  After a short time both men realised neither of them knew you and you were asked to leave.  You walked away and stopped about 50 metres up the road, where you stood staring at Hickey's house.  You then rode your pushbike to a friend's house nearby and apparently returned to Mr Hickey's house where you were seen by him again staring at his house.

6Almost a week later on Saturday 6 April, you returned to Hickey's address and knocked loudly on the door.  Hickey opened the door and you immediately punched him in his right eye, causing him to stagger backwards inside the house.  You then continued to throw punches at him.  Hickey grabbed your shirt attempting to prevent further punches and the two of you fought.  Hickey threw you against a wall, dislodging a damaged television set, causing the television to smash.

7Hickey's partner came out from the room and returned to the bedroom where she called the police.  Hickey managed to pin you facedown against the back of a couch.  He punched you to the back of your head and you said 'sorry brother, sorry brother'.  After asking your name and being told by you it was 'John', Hickey let go of you and you ran from the house. 

8He realised he had a deep laceration to his arm and an ambulance was called.  He was taken to hospital for treatment to the laceration.  He also had other cuts, bruises, and swelling to his right eye.  It transpired that the laceration was caused by a piece of broken glass from the television screen.

9Investigating police received information that you were the suspected offender, and you attended the police station voluntarily on 7 April.  You were interviewed and you made full admissions to the offending.  You said you had gone to the house looking for a fight, looking for trouble.  When asked why, you said you wanted to get some confidence back and felt you needed practice.  You did not know Hickey, but you knew his house because you had been to parties there in the past.

10You were arrested that day and granted bail for these offences.  However, you were remanded in custody for offending committed in the ACT and you were later sentenced to a term of imprisonment for those matters.  You were released on 27 November 2024.

11On 6 October 2024 you indicated through your legal representatives that you would be pleading guilty to the current charges. 

12Aggravated burglary is a serious offence which attracts a maximum penalty of 25 years' imprisonment, which I noted earlier.  Causing injury recklessly is punishable by a maximum sentence of five years. 

13Your entry to the victim's house was accompanied by you punching his face with no provocation by him.  He did not know who you were or why you were there, and he had not invited you in.  As already described, he was quite badly injured and was taken to hospital for treatment.  I accept that the laceration to his arm was not caused by any weapon, and it is not clear how it happened, other than having been caused by the cut glass from the television.

14Mr Hickey had to subdue you, and you damaged his property before your aggression ceased, during the course of which Mr Hickey sustained the laceration and the other injuries.  The objective gravity of this offending is towards the level of the middle of the range.

15You are a 36-year-old man living with your mother on a rural property near Orbost, where you assist with stock and other farmwork.  After finishing high school you began an Arts degree at university but did not complete it. You entered the workforce and have obtained several certificate qualifications.

16You have suffered from schizophrenia for many years and have accumulated an extensive criminal history.  That offending may well have had its origins in your mental illness.  The charges are many and varied including armed robbery and other serious offences.  Of course you are not being punished further for that offending, but their relevance goes to your prospects of rehabilitation which I must consider as part of the sentencing process.

17In 2009 His Honour Judge Gullaci of this Court sentenced you to 30 months' imprisonment for armed robbery.  At that time you were aged 20 and you had escaped from a psychiatric institution.  You stole a car from a woman while threatening her with a large knife.  You had already been serving prison terms and since then you have served some further short sentences and attempted to complete a Community Correction Order, which you breached.

18Judge Gullaci set out in his sentencing remarks some of your background details, including reference to a report from Dr Vine, whom I take to be Dr Ruth Vine, a forensic psychiatrist.  From those sentencing remarks it appears that you had a settled life with your parents until the age of 10, when your parents separated and you had many moves.  When you were about 16 your father went to live in Indonesia and when you were about 18 your mother moved to the USA, by which time your father had returned and you lived with him.

19Some elaboration was given to that family history in the report of a Sydney forensic psychologist, Kris North.  She prepared a report for the Court in the ACT when you faced criminal charges and were sentenced on 27 November 2024.

20She had assessed you for that purpose and had access to what she referred as 'mental health documents'.  You told her of an unstable life as an adolescent, with both parents sometimes absent which saw you living alone for some periods, or with an aunt who sadly suicided when you were 15 or 16. 

21You became involved with a woman who had serious alcohol problems, and you began abusing alcohol and using cannabis.  Your mental health deteriorated, and His Honour Judge Gullaci referred to that history in his remarks, as being set out in the reports tendered.

22You were sentenced as a young person and with all the principles in the Verdins case applying.  You had succeeded in becoming drug free and your mental state had improved.  The principle of totality was taken into account as you had spent 14 months in custody, most of which was in respect of other offending.  His Honour considered that you had prospects for rehabilitation.  Sadly, since then you have continued to offend in Victoria and interstate.

23Returning to Ms North's report, she described you as having been diagnosed with schizophrenia at the age of 19 and she concluded that your underlying mental health issues directly contributed to your behaviour at the time of the offences committed in the ACT in May 2024.

24In a recent addendum to that report, Ms North said the same about the offending in Orbost, which occurred a month before the ACT charges while you were unmedicated.  Ms North stated that you reported having experienced psychotic episodes in 2023 and again in February 2024, with symptoms continuing until 2 May 2024 when you were arrested.  You had been non-compliant with prescribed medication during that period and had experienced command hallucinations at the time of the offending.

25In 2023 while in Victoria you had a recurrence of psychotic symptoms and during one episode you engaged in serious self-harm.  You spent about two weeks in hospital as an involuntary patient in July 2023, and again in September after having amputated your finger.  It appears that from October 2023 to February 2024 you were compliant with taking Olanzapine.

26Ms North's report also indicated that you were placed on a psychiatric treatment order, described as a PTO, in Canberra on 20 May 2024 following episodes in which you had self-harmed and attacked other patients.  This order was due to expire in November 2024.

27Your mother, Ms Parekh, is a psychotherapist.  I heard evidence from her as to some of your history, as well as what was then your current living conditions, and the state of your mental health.  She stated that she could tell if your mental health deteriorated and would take steps to inform police this happened.  She lives with you during the week and is absent at weekends, but you have the company of other residents of the communal farm where you live.

28The hearing in March 2025was adjourned part heard for your representatives to obtain reports from your treating psychiatrist and your case manager, and ultimately for you to be assessed as to your suitability for a Community Correction Order.  It has taken a considerable period of time for those reports to be obtained.

29Dr Cyril Been, consultant psychiatrist at Latrobe Regional Health, has provided a report dated 14 July 2025.  He reviewed you on 19 February this year.  His report refers to your history in some detail, with its particular importance being in regard to your recent medication history.  He was satisfied that your mental health is presently stable and you are tolerating your oral medication well.  He stated that you have partial insight and judgement and are agreeable to continuing with your medication as presently prescribed, and to have regular monitoring by the community mental health team.

30Also provided was a letter from Ms Kate Douglas, a case manager at the Bairnsdale Community Mental Health Service dated 1 July 2025.  She stated that your case management is provided by the Orbost Community Mental Health Service, where you are engaged with the recovery team on a
non-compulsory basis under the Victorian Mental Health and Wellbeing Act 2022.

31Your counsel, Mr Peters, submitted that an appropriate disposition would be a Community Correction Order with conditions relating to medication and treatment.

32The prosecution's submission as to sentence was for a combination sentence of prison and a Community Correction Order.

33Having received the reports referred to, I arranged for your assessment by Corrections, and you were assessed as suitable with appropriate conditions.  These offences occurred some 18 months ago.  You served a sentence for approximately six months for previous offending in the ACT.  Having been released in November 2024, you have been living in the community for almost 10 months without any further trouble.  It would seem that your mental health is, and has been, more stable than it was at the time of this very serious offending. 

34Perhaps it can be inferred that your compliance with medication has brought about this improvement which should auger well for your future.  However, your prospects for rehabilitation are guarded because of your previous history and recidivism, and the need for continuing treatment and monitoring.  Your chances of remaining free of trouble depend upon it.

35The attack on Mr Hickey was very serious with the infliction of a nasty injury.  He has not provided a victim impact statement but in the statement he made to police, he described having to fight hard to defend himself, as you continued trying to punch him and he only let you go when you calmed down somewhat.  He said he was in fear as he did not know what you were capable of, and did not want you to assault his girlfriend who was in the house.

36I heard further submissions today from Mr Peters on your behalf as to the applicability of the Verdins principles.  His Honour Judge Gullaci, when sentencing you in 2009, did so on the basis of those principles applying then, and your offending in April 2024 occurred in a similar context of non-compliance with medication.  This non-compliance likely led to your otherwise inexplicable behaviour in arriving on the victim's doorstep and punching him viciously and continuing to assault him, as already described.

37Your culpability is high but might be moderated by reason of your mental impairment at the time, despite your non-compliance having contributed to it.  Accordingly, I will allow a sensible moderation to apply to both general and specific deterrence.  I take that into account in sentencing you.

38General deterrence does remain an important principle, even though your moral culpability is somewhat reduced, and I take that into account.

39I also take into account the principle of totality, given the time you have spent in custody in the ACT and around the same time as your irrational behaviour for all offending would likely have been caused by your mental impairment.

40As for specific deterrence, in your case that takes the form of building into your sentence the assistance you need to cause you to not continue to offend.  That being said, the seriousness of your conduct warrants imprisonment but with a Community Correction Order to follow.

41Your plea of guilty means you are entitled to a discount on your sentence for having avoided the expense and inconvenience of a trial.  The victim and other witnesses have not had to give evidence and that is an important consideration.  I can also accept it as an indication of remorse, but otherwise there is little or nothing to suggest that you are remorseful.  You told the Corrections officer who interviewed you, that you thought the victim and his partner would have been afraid, but that was the extent of any regret you may have.  Your prospects for rehabilitation are not assisted by this absence of remorse.

42Jandamarra Olle I sentence you to six months' imprisonment for each of the two charges.  Once released you will commence a Community Correction Order which will last for 15 months.  Convictions will be recorded for each charge.  You will be under supervision and must comply with orders for treatment for drug and alcohol abuse and dependency, and for mental health assistance. 

43There is also an order for judicial monitoring.  That means that you will appear in court from time to time so that I can monitor your progress.  You will have to attend the Corrections Centre and appear via video link.  I will be here in Court, there will be no lawyers present; just your Corrections case manager who will be with you.  I will have a report about your progress and you and I and the worker will discuss it.

44When you are released from custody you must report to the Corrections Office in Bairnsdale by telephone within two working days.  In that telephone call you will be advised of your induction appointment and the location.  The telephone number to call is 1300 160 216.  I am reading that out so that it will appear in the written sentencing reasons, which can be made available to you through your solicitors.

45The date of your first judicial review will be some time in July 2026 and I will just look for a date in a moment.  I am going to make it in July so that there is time for you, once you have started the Community Correction Order, to make a little bit of progress and then I will have a report made available, which we can discuss.  I will make it Tuesday 21 July.

46Finally, under s6AAA of the Sentencing Act1991, if you had pleaded not guilty to these charges, I would have sentenced you to 18 months' imprisonment with a non‑parole period of 12 months and a Community Correction Order lasting for two years.

47Now, Mr Peters, can you let me know please if there are any custody management issues that you would like noted on the gaol order?

48MR PETERS:  Can I just seek some instructions, Your Honour?

49HER HONOUR:  Certainly.

50MR PETERS:  The only medication he is on, Your Honour, is the Olanzapine.

51HER HONOUR:  I see.

52MR PETERS:  So that's probably, if Corrections can ensure that he has a regular supply, that's about the only issue that needs attention.

53HER HONOUR:  All right, thank you.  I will note that on the gaol order.  I think the process will be that he will be reassessed and a prescription will be obtained through the authorities, but as long as they know that is what it is, that is fine.

54Mr Moore, is there anything else I have omitted or neglected?

55MR MOORE:  No, Your Honour.  That completes the matter.

56HER HONOUR:  Thank you.  Thank you for those of you who have attended remotely this morning, and I think that completes everything.

57MR PETERS:  As Your Honour pleases.

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