Director of Public Prosecutions v Peddineni
[2022] VCC 573
•6 April 2022
| IN THE COUNTY COURT OF VICTORIA | Revised Not Restricted Suitable for Publication | |
AT MELBOURNE
CRIMINAL DIVISION
Case No. CR-21-00659
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| ANVESH PEDDINENI |
---
JUDGE: | Her Honour Judge Syme | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 4 April 2022 | |
DATE OF SENTENCE: | 6 April 2022 | |
CASE MAY BE CITED AS: | DPP v Peddineni | |
MEDIUM NEUTRAL CITATION: | [2022] VCC 573 | |
REASONS FOR SENTENCE
---
Catchwords:
---
APPEARANCES: | Counsel | Solicitors |
| For the DPP | Mr M. Roper | Office of Public Prosecutions |
| For the Accused | Mr Z. Menon | Victoria Legal Aid |
HER HONOUR:
1
Mr Anvesh Peddineni has pled guilty to two counts of intentionally causing injury on 7 December 2019. The maximum penalty for each offence is
10 years imprisonment. There is a related summary offence of at the same time at the same place, he entered a private residential premises without the express or implied authority of the authorised person. The maximum penalty for that summary offence is six months imprisonment and/or 25 penalty units.
2
In assessing what the facts are in relation to this matter, there are it is conceded inconsistent accounts with what actually occurred on the evening of the 6th and the morning of 7 December 2019, due no doubt to the late hour and the probability that many witnesses had consumed alcohol that evening. However, it is clear that, Mr Peddineni you attended a party at the premises at Greenwood Drive, Bundoora, arriving at approximately 11 pm. At some stage in the evening, you left the party with a friend returning at approximately
2 am on the 7th. At that time, you became involved in a verbal altercation with other party guests and as a result of slapping one of those guests to the face, the victim of the charge Mr Kommidi, asked another to remove you and your brother from the house.
3 Apparently shortly afterwards an altercation occurred, and you and your brother were removed to the front of the house and the other occupants locked the door. Shortly afterwards, you and your brother entered the house again through apparently a broken window panel and at some time the police have been called and that entry relates to the summary offence that you have pleaded guilty to.
4 The subsequent events are unclear. At one stage, during what was perhaps a confrontation of some type, you picked up a piece of glass from a broken window, approximately 20 cm in length and entered the lounge room in the property. You swung the glass at victim one, who tried to avoid you but was cut on the left side of the neck. He pushed you in apparent self-defence and subsequently received a cut to his left arm. This represents charge 1 on the indictment, intentionally causing injury. You also approached another resident, victim two, Mr Kurmapu and slashed him on the left bicep and right forearm.
5
At some point and it is unclear from the facts exactly when this occurred, there was a physical altercation involving you and other party guests and you and your brother were outside. Fighting continued on the street for some
10 to 15 minutes. You and your brother left with another friend in a motor vehicle and as a result of the altercations throughout the evening, you sustained injuries and were admitted to Royal Melbourne Hospital. Both the persons referred to as the victims were transported to hospital by a friend and admitted to a different hospital.
6 When police arrived at approximately 3.20 am they observed that the remaining witnesses were intoxicated. It is understood that not much could be achieved by way of statements that evening.
7
Victim one, Mr Kommidi, sustained a 10 cm laceration to his left forearm deep to biceps muscle, requiring five stitches and a 4 cm laceration on the back of his neck deep to subcutaneous fat, requiring three stitches. Victim two, Kurmapu, sustained a 10 cm deep laceration to his left bicep and a
4 cm laceration to the right forearm deep to subcutaneous fat.
8
You sustained stab wounds to the back below your right scapula and
left shoulder. You also sustained minor lacerations to your right bicep and right forearm and three lacerations to your right arm.
9 By your plea, you have admitted intentionally causing injury to each of those victims. Your brother was charged with an offence of trespass and pleaded guilty to that charge.
10 You attended the police station on 8 January 2020 and were interviewed. You indicated that you were assaulted by others at the party, but denied any assaults were committed by you.
11 You do not have any criminal record either in this state or in Queensland or in your birth country of India. In the circumstances of this case, this may entitle you to some leniency.
12
I have read the victim impact statements provided in this matter. Those statements outline the physical, emotional and financial cost for the victims and indeed the entire community of offences such as this. While they do not amount to aggravating circumstances of the charged offence, such
victim impact statements do serve to remind the court of the serious nature and consequences of offences of this type and indeed the consequences of violence at any level. There are some sentiments expressed which are irrelevant to my consideration.
13 In assessing the objective gravity of this particular offence, matters that make the offending more serious include the use of a weapon and I observe a potentially lethal one. A piece of glass is an aggravating circumstance of this offending.
14 In relation to potential mitigating matters, an assessment of the factual dispute is required. I acknowledge that those matters which result in the finding of aggravation of the seriousness of the circumstances, must be proven beyond reasonable doubt and those matters which are mitigating or in your favour are to be proven on balance.
15
There is some conflict in the evidence as to what exactly occurred prior to the event of you and your brother being involved in the fight inside the house. It is very difficult to make findings to any level. There is little, if any, justification for you entering the house without the consent of those inside. There is little explanation as to what brought you back into the house after you were asked to leave, and you accept that by your plea to the summary offence. There is some evidence that at some stage you were pushed through a glass panel. That observation is supported by Dr Parkins' report. She observed some hand wounds which while consistent with you injuring yourself with the
glass shard are also consistent with defensive wounds. It is therefore plausible that you reacted to a potential or perceived danger. However, you currently concede by your plea that your response was out of all proportion to the situation, that is excessive self-defence.
16 The obvious conclusion from all of the facts before the court is that there was a lot of drinking, from time-to-time significant verbal arguing and some physicality between several party goers which rapidly apparently became uncontrolled, aggravated no doubt by the disinhibiting effects of alcohol. The alcohol used by all those present, except of course the long-suffering neighbours, in turn has made reliable recollection by the parties well-nigh impossible.
17 I turn now to your personal circumstances and background. Your self-report to the report writer sets out an impressive background and personal history. I accept that you were born in India and came to Australia to study in 2018, aiming for a masters degree in your chosen field of civil engineering. You came to Melbourne in order to save some money to complete your degree but unfortunately, your arrival coincided with this offending followed by more difficulties with many shutdowns, you studying online and your requirement to stay in Melbourne.
18 You report that your alcohol consumption was not problematic up until this night. However, I must observe that the circumstances of this offence, whatever they were, involved alcohol and the circumstances of this offence, whatever they were, have resulted in you properly after legal advice pleading guilty to some serious offending. You were drinking to excess and you have ended up in court, that is the very definition I would have thought of a problem with alcohol.
19 It is reported and I accept, that over the last two years you have experienced a great deal of isolation and as a result of that, together with the worry about this event have suffered from anxiety and depression. The isolation was exacerbated by the COVID-19 restrictions and your bail conditions. I accept that. You have been diagnosed as a result with post-traumatic stress disorder and an adjustment disorder, which simply outlines that you have had difficulty in adjusting to the circumstances in which you now find yourself and therefore suffer from anxiety and depression. No doubt you have been concerned with the outcome of the sentencing proceedings and I accept that. That is a very normal concern in your circumstances.
20 You reported that as a result of this anxiety, you commenced consuming alcohol in order to help you sleep. However, on receiving advice that you should address this issue, you have taken the correct approach in relation to that and after what appears to be an unfortunately extended waiting time to access that service, you have taken up counselling and have done well with counselling in recent times. It is in your favour that you have reported to be willing to listen and take advice and it is reported that you have engaged well with the assistance offered. All of these reports and findings enable the court to subsequently make a finding that you do at this stage have good prospects of rehabilitation.
21 You are now, I think, 28 years of age, 26 when the offending occurred. I have fortunately had access to reports as to what you had done with yourself since this offense occurred. This offence occurred shortly after you arrived in NSW from Queensland and were somewhat isolated from your family who are mostly in India.
22 The report from Ms Maynard is instructive and indicates that at the time of assessment you suffered from associated anxiety and depression resulting in large part from the events of that evening. As I noted above, the psychologist recommended further assistance and as I observed, you very sensibly took her advice and addressed what was assessed as being an alcohol overuse problem.
23
The report from Ms Filipovic, who has been counselling you since
February of this year, is helpful. She has reported that you have engaged appropriately and present as highly motivated to engage in appropriate treatment, which hopefully will continue.
24 I accept that the delay in the sentence in this matter has caused a great deal of stress for you and your response to that by addressing what was clearly an issue with alcohol is very much in your favour and demonstrates you are able to rehabilitate yourself from the position you were in in all likelihood when that evening's events occurred.
25 In their submissions to the court, the Crown have very properly accepted that those reports indicate that you have positive prospects of rehabilitation and it might well be that to place you in custody at this moment runs a real risk of undoing what any real progress you have made.
26 It is submitted that your mental health treatment you were engaging in and the difficulties in custody that you may be presented with are all matters that the court should take into account. I agree with those submissions.
27 Community protection is a very important sentencing consideration for all matters of violence. In my view the community protection can be adequately addressed in your case by you continuing with your treatment which is readily available in a noncustodial setting. Specific deterrents have been to a large part already dealt with and general deterrents, in my view, can also be addressed by the combination of the counselling that you have already undertaken, your expression of remorse and your plea of guilty and of course the conviction.
28 General deterrence is always a consideration of sentencing in relation to offences such as this. But the circumstances of this offence are so difficult to assess and the findings available to the court, place the circumstances of the offending at the level of excessive self-defence rather than at the level of an unprovoked act of aggression on your behalf.
29 For all of those reasons, I am of the view that this matter can be dealt with by way of a lengthy supervised community corrections order. You entered a plea after committal, after negotiations on charges. As I have observed again, the prosecution concede very fairly that you pled guilty at an early stage. Prosecution further fairly concedes that given current sentencing practices, the potentially more onerous conditions in custody in general and for you personally, and for your positive prospects of rehabilitation, supervision within the community is a sentencing option that is within range.
30 However, Mr Peddineni, you must understand that the supervision in the community must be complied with strictly. Any requirements for you to attend for compliance or to attend for counselling must be complied with. You must understand that any further offending will result in the potential for imprisonment to be reconsidered. You must in addition, as a condition of the order that I propose, not leave the state of Victoria without the consent of your supervisors and you must advise them at all times of your current address and contact details.
31 In the event you fail to comply with the terms of supervision or if you commit any further offences, you may be liable for resenting on this particular offence. Your compliance is very important for you and your family in the community. In considering what sentence may have been imposed were it not for your early plea, I observe that your early plea carries with it considerations of acceptance of responsibility and remorse. A modest imprisonment term would therefore have been appropriate of say six months were it not for that early plea.
32
Therefore, Mr Peddineni, I propose to place you on a supervised
community correction order for a period of two years from today. The formal requirements for supervision will be that you accept referral for treatment and rehabilitation for alcohol abuse and/or for any programs to reduce offending if you are directed to do so. I note that you have had the purposes of the community corrections order explained to you and that the material including medical reports which have been provided to me, will be retained by Community Corrections Services to assist in your supervision. I note it has been explained to you that if there are any costs or fees incurred while complying with the conditions of the order, you may be liable for those fees.
33 HER HONOUR: Mr Peddineni, do you consent to that order being made?
34 MR PEDDINENI: Yes, ma'am.
35 HER HONOUR: Yes, thank you. Now, usually Mr Peddineni would sign the order in court, but I note that he has agreed with the conditions that I have read out and I will note that and note that he has agreed in my presence.
36 MR PEDDINENI: Thank you, Your Honour.
37 MR MENON: Yes, Your Honour.
38 HER HONOUR: Mr Roper is there anything else?
39 MR ROPER: No, Your Honour.
40 MR MENON: There are some ancillary orders.
41 HER HONOUR: Of course, I have got it.
42 MR MENON: Not opposed.
43
HER HONOUR: And these orders are by consent. I failed to mention them throughout my reasons for decision, but of course the agreement to the orders are further support of his remorse and contrition. A compensation order to
Mr Kurmapu in the sum of $1340 which indicate largely medical expenses and a disposal order in relation to various swabs and so forth taken. I will make those order. Mr Roper my associate has just asked for you to stay on the line after we are completed so she can get details of where that is to be paid to.
44 MR ROPER: Yes.
45 HER HONOUR: Madame Interpreter, are there any questions from you?
46 INTERPRETER: No, Your Honour.
47 HER HONOUR: Thank you. Mr Peddineni are there any questions from you?
48 MR PEDDINENI: No, ma'am.
49 HER HONOUR: More importantly, Mr Menon are there any questions from you or any further matters?
50 MR MENON: No, Your Honour. As Your Honour pleases.
51 HER HONOUR: Thank you. Can I again indicate my gratitude to both counsel for the efficiency with their submissions and the very appropriate and sensible focus both of you have with respect to the orders that are appropriate in this case. I genuinely thank you for that, it is very good to see sensible submissions rather than people adopting opposite approaches in such matters just for the sake of it. Thank you.
- - -
0
0
0