Director of Public Prosecutions v Panaia

[2015] VCC 1300

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

AT SALE
CRIMINAL JURISDICTION

CR-15-01020
F10882598

DIRECTOR OF PUBLIC PROSECUTIONS

v

REECE PANAIA

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JUDGE:	HIS HONOUR JUDGE BOURKE
WHERE HELD:	Sale
DATE OF HEARING:
DATE OF SENTENCE:	18 September 2015
CASE MAY BE CITED AS:	DPP v Panaia
MEDIUM NEUTRAL CITATION:	[2015] VCC 1300

REASONS FOR SENTENCE
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Subject:
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Cases Cited:
Sentence:

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr K. Doyle
For the Accused	Mr J. Sullivan

HIS HONOUR:

1Reece Panaia, you are to be sentenced - can you hear and see me?  Can you hear me?

2ACCUSED:  Yes, Your Honour.  Yes, Your Honour.

3HIS HONOUR:  All right.  I am directing this to you.  You are to be sentenced for one charge of intentionally causing injury.  The maximum sentence is ten years' imprisonment. 

4You pleaded guilty before me on 3 September.  When interviewed by police on 12 March 2015, you at first denied the offending.  However, you were reinterviewed very soon after on the same day and made a full confession.  I accept the admissions you made were significant to the case against you.  The committal went by hand-up brief on 10 June 2015 after which you entered a plea of guilty.   The matter was listed for plea hearing in this court less than six months after your offence. 

5You receive the benefit of your plea of guilty and the level of cooperation that history of the proceedings shows. 

6

At your plea hearing also on 3 September Mr Doyle for the Crown tendered a written prosecution summary. 

Mr Sullivan appeared for you and put a number of submissions to me on sentence.  On 3 September I requested a pre-sentence assessment on your suitability for a community corrections order.  I have now received the report of Connie Wild of Community Corrections.

7The circumstances of your offending are comprehensively described in the Crown summary which is Exhibit A.  My own summary may therefore be shorter. 

8On 11 March 2015, you made contact by text with your victim, Wade Hunt.  He was aged 22 and you 19.  You pretended to be your brother, Corey Panaia, and arranged a meeting purportedly to buy drugs in Hagenauer Street, Sale,  at about midnight.  After a short time as Hunt waited at his car there accompanied by his girlfriend who had driven, you went to the passenger side window and began to attack him with a kitchen knife.  You stabbed him three times to the chest and rib areas.  You then walked away.

9Fortunately Hunt received only what, given the nature of the attack, seem relatively minor wounds.  In relevant part the Crown's summary states as follows at paragraph 14 to 16:

"As a result of the incident, Hunt suffered three stab wounds as follows: (1) right anterior chest below and medial to the nipple, horizontal and approximately 1 cm long, probed to about 1 cm depth; (2) epigastric overlying the stomach wound, also horizontal and approximately 1 cm long and probed to about 1 cm depth; and (3) left lateral chest wound, more superficial and approximately 1 cm long.

CT scans were performed and found the following: (a) right haemothorax, blood in the chest cavity, presumably due to an injury of a small vein or blood vessel; …..

"No active intervention was required for Hunt's injuries other than washing out and suturing of the superficial wounds.  He was then admitted to the high dependency unit for observation and pain relief.  Hunt discharged himself from hospital later that day against medical advice."

10No victim impact statement has been tendered.  Your grievance against Hunt is not clearly seen.  It is accepted that you were heavily using ice amphetamine throughout the day of offending. 

11You have turned 20 years of age today, is that right?

12ACCUSED:  Yes, Your Honour.

13HIS HONOUR:  Yes.  Thank you.  Your mother, stepfather and half-sister were present in court to support you at the plea hearing.  You have three half-sisters and a half-brother younger than you.  You were born and mainly raised in Western Australia.  Your parents separated when you were seven and you were cared for by your paternal grandparents.  Your parents' relationship had been abusive and violent.

14After leaving school in Year 9 you began an apprenticeship in butchery.  You did not complete that.  Since, there has been some but not consistent work such as in labouring jobs.

15You came to Victoria in 2012 when 16 or 17.  In part that was to live with or near your mother,  who resides in the Sale area,  and also because of involvement with the youth criminal justice system in Western Australia.  Over time, you had spent periods with your mother in Sale. 

16I was told that you began using cannabis at 14 and then ice amphetamine at 16.  That is your drug of choice.  Given your age, the criminal history filed with the court states a very considerable number of court appearances between October 2010,  when you were aged just 15,  and February 2015.  There are early Children's Court appearances in both Victoria and Western Australia.  Offences of violence, if not predominant, are common.  Mr Sullivan made the point that several appearances over the time related to the same proceedings.  He conceded significant periods of youth and adult detention.  Since early 2012, he told me, you have spent about two years in custody.  Youth detention in Victoria has failed to assist you. 

17On 18 February 2015 you were sentenced in the Sale Magistrates' Court to a community corrections order of twelve months' duration which included rehabilitative conditions for drug abuse and mental health assessment and treatment.  This offending before me occurred only three weeks after.  Whilst this must be seen as a factor adverse to you, it can also be said that there seems to have been little opportunity for that order to take effect and assist you.  It is also clear that you continued to use drugs.

18You have been in remand custody since arrest for this matter on 12 March.  That is now a period of 192 days.  The report of Ms Wild of community corrections states as follows:

"Mr Penaia indicated whilst at the Metropolitan Remand Centre he has completed the 24 hour drug and alcohol program through Caraniche which includes topics such as relapse prevention, physical harm and mental harm.  He advised he also put his name down to participate in the mood management program.  However, this program was unable to be completed due to the recent riots."

19You have mental health symptoms related to anxiety, panic attacks and depression and you take antidepressant medication.  When you leave prison you are able to live with your mother and stepfather. 

20This was a serious, dangerous and senseless attack in a public setting.  It was planned and you used a weapon.  It is fortunate that your victim was not more seriously injured.  That you were using drugs does not mitigate the culpability of the offending.  You have, at 20, a considerable criminal history including for relevant offending.  In such circumstances, the sentencing purposes and considerations of deterrence, your moral culpability and the need to sentence you in a way to condemn your offence are important.  There is a need for proportionate punishment.  That must be a sentence of imprisonment beyond what you have served. 

21There are also mitigating and/or moderating factors.  These include the following.   (1) Your plea of guilty and cooperation.  You have expressed remorse including to Ms Wild of community corrections.   (2) Your unsettled personal history and circumstances.  (3) You are still young and although it would be naïve to state high prospects for rehabilitation, at least in the short term,  I do not discount that.  At your age and given your drug abuse and mental health problems, there is a need to attempt to assist rehabilitation of you.

22It was submitted to me that I should impose a combined sentence of imprisonment and a community corrections order.  The principles stated by the Court of Appeal related to this, particularly in the case of Boulton v The Queen, are well known and I was referred to them.  I have decided that that is the appropriate sentence.

23In the community corrections order component of the sentence, there should be the punitive condition of community work and again rehabilitative conditions related to drug abuse and mental health assistance. 

24Now stand up, please. I sentence you as follows. For one count of intentionally causing injury you are sentenced to 12 months' imprisonment. Under s.18 of the Sentencing Act I declare 192 days of presentence detention already served.  I also convict you and impose a community corrections order of two years' duration.  The usual conditions apply and also the following conditions: that you perform 350 hours of community work over that period, that there be rehabilitative conditions related to drug abuse and dependence and mental health treatment, that there be a condition for supervision and that there be a judicial monitoring condition.

25Had you not pleaded guilty, I would have imposed a sentence of imprisonment of three years with a minimum term of two years before parole. 

26Sit down, please.  Sit down now.  All right, are there any other matters?  There is no forensic sample application?

27MR DOYLE:  No.

28HIS HONOUR:  All right.  Well we will have the order printed out and then we will have to attempt to have it conveyed.

29ASSOCIATE:  (Indistinct).

30HIS HONOUR:  Yes.

31MR SULLIVAN:  Is there a date for the judicial monitoring, Your Honour, or?

32HIS HONOUR:  Well we will have to work that out.  What is the arithmetic?  He has got about five and a months to serve.

33MR SULLIVAN:  Yes. 

34HIS HONOUR:  So I would set a date three months after that for the first judicial monitoring.  

35MR SULLIVAN:  Should be released on 12 March ‑ ‑ ‑

36MR DOYLE:  12 March.

37

MR SULLIVAN:  ‑ ‑ ‑ if Your Honour's giving him 12 months

so ‑ ‑ ‑

38HIS HONOUR:  So we will make it April, May, June, 12 June.

39MR SULLIVAN:  May or June.

40HIS HONOUR:  Or should it be an earlier time, given that he will be released and I suppose it can be said that the first few weeks or months will be critical.

41MR SULLIVAN:  Yes, I agree.

42HIS HONOUR:  I will make it six weeks after.

43MR SULLIVAN:  Thank you, Your Honour.

44(At this stage the court proceeded with another matter.)

45HIS HONOUR:  What has happened to the other community corrections order?  Has it been suspended or is it just running?

46MR SULLIVAN:  No, he was breached on it, Your Honour, and from memory he was fined ‑ ‑ ‑

47HIS HONOUR:  I see.  So he will ‑ ‑ ‑

48MR SULLIVAN:  ‑ ‑ ‑ in lieu of the original offence, was it - $1,000.

49HIS HONOUR:  Yes.  He will come out of ‑ ‑ ‑

50ACCUSED:  Yeah, a thousand ‑ ‑ ‑

51HIS HONOUR:  All right.  Well this is your opportunity to see if you can make it work this time.  Now, I will - just give me a moment.  Yes, all right.  Now stand up again, please, I am going to read out the terms and conditions of the order.  It is an order that will last for two years and commences upon the completion of your term of imprisonment which is said to be about 12 March next year. 

52Now the conditions, the usual conditions are these: that you attend at the Sale community correctional services in Raymond Street here within two clear working days after the commencement of the order.  I should imagine you will be contacted in prison by community corrections and arrangements for that.  You must not commit another offence for which you could be imprisoned during that time and you must comply with regulation 17 of the Sentencing Regulations which, as I understand it,  means that you are not to attend any program or appointment under the order affected by alcohol or drugs or in possession of illegal drugs.  You must report to and receive visits from the community corrections people.  You must let community corrections know within two clear working days of a change of address or job.  You must not leave Victoria without first getting permission to do so.  You must obey all lawful instructions and direction. 

53The additional conditions are these, that you perform 350 hours of community work over that two years as you are directed, that there be supervision of you by a community corrections officer, that you undergo assessment and treatment for drug abuse as directed, that you undergo mental health assessment and treatment as directed.  And now you must also attend for review by me on 26 April 2016 here at the Sale County Court.  Do you understand those conditions?

54ACCUSED:  Yes, Your Honour.

55HIS HONOUR:  And do you agree to them?

56ACCUSED:  Yes.

57HIS HONOUR:  This is now going to be sent to you.  Can that happen right now?  Do we know?  What do you need to do, go to a - yes, he has agreed.  I will sign it and then I will get you to sign it when it is sent to you over the next few minutes.  You can sit down, Mr Panaia.  Yes, have you - thank you, sir.  Have you received the fax yet?

58CORRECTIONS OFFICER:  I've - I've just sent an officer to go and get it, sir.

59HIS HONOUR:  Good, thank you.  How far away does he have to go?

60CORRECTIONS OFFICER:  A few minutes, sir.

61HIS HONOUR:  All right.  Well I think we will - thank you.

62CORRECTIONS OFFICER:  Yep, thank you.

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