Director of Public Prosecutions v Petersen

[2016] VCC 642

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

AT GEELONG
CRIMINAL JURISDICTION

CR 15-02124

DIRECTOR OF PUBLIC PROSECUTIONS

v

SHAUN PETERSEN

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JUDGE:	HIS HONOUR JUDGE MULLALY
WHERE HELD:	Geelong
DATE OF HEARING:	25 February 2016
DATE OF SENTENCE:	25 February 2016
CASE MAY BE CITED AS:	DPP v Petersen
MEDIUM NEUTRAL CITATION:	[2016] VCC 642

REASONS FOR SENTENCE
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Subject:
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Cases Cited:
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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms M.A. Mahady	Office of Public Prosecutions
For the Offender	Mr C. Terry	Armstrong Legal

HIS HONOUR: 

1Shaun Petersen, after a successful sentence indication application, you pleaded guilty to a charge of aggravated burglary, intentionally cause injury.

2In the sentencing indication I summarised the offending and the gravity of the crimes in this way.

3You, Mr Petersen, were aggrieved when your relationship ended and your ex-partner was at a neighbour's place.  You pushed your way into the neighbour's house and assaulted the neighbour.  You did this twice, re-entering after the first assault upon him and continued the assault.

4The victim was knocked out and sustained a cut to his temple, eyebrow, chin; the latter requiring four stitches.  He was left with a black eye and a swollen cheek and jaw.  As I said earlier to you, you are a big and powerful man, and it is fortunate for him, and fortunate for you, that his injuries were not more serious, and his injuries have resolved.

5However, I was told by the prosecution the informant has spoken to the victim and he is more anxious in his daily life and is considering starting afresh in another State as a consequence of what occurred.

6The gravity of your crimes are, you bursting into someone's home, a place where the residents are well entitled to feel safe.  The attack was fierce enough to knock the victim out and it was sustained in the sense that you went back in.  You then, in a cruel fashion, expressed to your ex-girlfriend that she had better go back in because you killed the victim.

7The sentencing purposes that are prominent are denunciation and general deterrence.  As I said, and I emphasise this, Mr Petersen, that women are entitled to leave relationships and form new ones; whether that was occurring here is uncertain, but let us be clear that women are entitled to leave relationships and form new ones without an ex-partner resorting to violence against the new partner, and/or the woman.  To do so is cowardly.  Good men do not act like that.

8But that said, it is clear that you did lose control and without thought or planning went to the neighbour's house. 

9Aggravated burglary, to which you pleaded guilty, has a maximum term of 25 years' imprisonment.  It is always a serious crime, but yours is not the most serious example of it. 

10That said, I do not ignore the impact upon the victim and the fact that you re-entered the house and continued your assault.

11The matters that were put forward in the sentence indication and apply here in the plea are powerful matters in mitigation.  You have never been in trouble before and that is an important matter, so as a first time offender, I do grant to you, as you are entitled to ask for mercy, and another chance.

12You have an impressive work history; your hard work as a truck driver has taken a toll on your family life and things have been difficult on that front.

13You have, from an earlier relationship, children that you do not see any more and that is a matter that has troubled you.

14You have support from your family and friends who have written impressive references.  Your parents are here from Broadford to Geelong to support you in this matter.  You are living with them at the moment and will continue to do so until this community corrections order, that I will impose, is concluded.

15I am told you are now well settled in Queensland with a new partner, and you hope to move there permanently as soon as possible.  You are undertaking some psychological treatment in Queensland and that is to be encouraged.

16Your rehabilitation is important and it simply means that you should resume your previous lawful ways.

17I take into account your plea of guilty, it is a weighty matter.  I consider that it is evidence and there is other evidence of your remorse and your shame.  I consider this is out of character and the experience that you have endured of being part of the criminal justice system will have the appropriate impact upon you, that is, you will be deterred from ever committing any other offences.

18Mr Petersen, you should be absolutely clear that that will be the case.

19In recent times, the sentencing landscape, as I have said earlier, and have said in many cases of late, the sentencing landscape in this State has changed; this is a consequence of Parliament considering our sentencing laws and amending our Sentencing Act and, also, as a consequence of the Court of Appeal in this State, considering that changes to the legislation in delivering a guideline judgment for sentencing judges, the name of the case being Bolton & Ors v The Queen.

20As a consequence of that decision and Parliament's intervention too in changing the legislation, I am required to recalibrate what I previously had considered appropriate and just sentencing regimes.

21I must consider the longer community corrections order that I now have available and that the accused can be made to do programs to facilitate their continuing rehabilitation.

22What I must be clear about is that I can only take the step, a grave one, to incarcerate someone if it is the only sentence that could satisfy all sentencing purposes.  As I indicated, a community corrections order can be, in this instance, a sentence that meets all sentencing considerations, being punishment to you, denunciation of this violent crime, and deterrence to you and, most particularly, to others; men who think that the way to deal with a relationship being over is to use their fists.  It also satisfies the sentencing purpose of rehabilitation.

23In my view, the just and appropriate sentence is one involving a community corrections order.

24I intend to impose an aggregate term for both crimes, and it is this; Mr Petersen, please stand.

25For committing the crimes aggravated burglary, intentionally causing injury to Mr Grantham, you are convicted and placed on a two community corrections order.

26There will be a number of conditions that apply to everyone under such an order, and I will explain those to you, that the conditions that apply, or programs that apply to you, are that you must do unpaid community work, 200 hours, and you must undergo assessment and treatment and rehabilitation programs as directed by the Office of Corrections.  That is, to deal with the risk of re-offending, and it will be targeted if the Office of Corrections consider it should be done, towards anger management.

27Any program that you undertake at the direction of the Office of Correction will be considered as part of the hours of unpaid work.  That is, in this instance, I consider that if you do do a course, then that deducts from the hours that I have ordered.

28I have reduced the number of hours and, indeed, the length of the community corrections order, to take into account that you will be required to remain in Victoria while this is done.  It cannot be transferred to your now home State and, in that sense, you will be away from the life that you wish to lead, and there is some sense of punishment about that.

29What is for you, Mr Petersen, is to get this order done as quickly as possible; raise with the Office of Corrections that you wish to return to Queensland as soon as possible, and make arrangements so that you can do so lawfully, not just go there, that they have authorised that to occur.

30A document will be produced and if you consent to it, sign it, that will put an end to the matter, save that you have to do all that I have required of you.

31At that time I will go through all the conditions.  They are written down.  What is not written down is this, Mr Petersen, is that if you do not do this, if you breach this order, then the mercy that has been shown to you today, will not be repeated.  In all likelihood, you will go to gaol.  So just get through the order.

32An interpretation of s.6AAA mean that I do not have to indicate to you what I would have done, had you pleaded not guilty and been found guilty of this offence, but I intend to make it clear to you, given that this has gone through a sentence indication, that had you pleaded not guilty and been found guilty which, in my mind, was absolutely inevitable, then you would have faced a sentence of imprisonment of 24 months' with a non-parole period of 14 months.  For a man like you, that sentence, you would never be the same again.  So your plea of guilty in this instance has been a matter that significant weight has been attached to, as it should be.

33Is there anything further required?

34MS MAHADY:  No, Your Honour.

35MR TERRY:  No, Your Honour.

36HIS HONOUR:  Thank you.  Just produce the document.  You can be seated while that is done, Mr Petersen.

37So the document will just need to be reproduced.  It indicates that you must attend at the Office of Corrections in Seymour.

38These are the conditions that apply to this community corrections order,
Mr Petersen; that is, it goes for two years', it starts 25 February 2016, and ends on 24 February 2018.

39The mandatory conditions that apply to all community corrections orders are you must not commit another offence for which you can be imprisoned during the time that the order is in force.  So do not commit any offences.  You have not till this point; do not commit any others.  If you do during the time of this order, then you will come back before me.

40You must comply with any obligation requirement under the sentencing regulations.  They will probably need a photograph of you to identify you so they know who you are when you go out to work and whatever.

41You must report to, and receive visits from, the Office of Corrections.  You must report to the community corrections office, that is the Seymour Community Correctional Service at 32 Wallis Street in Seymour, within two clear working days, so get amongst it tomorrow or Monday.

42You must not leave Victoria without first getting permission to do so from the Secretary.

43Normally, I just brush by that one, but that is very important for you.  If you are going for a trip back on the weekend or during the week or any of that, you must tell them that you are doing it, and get permission.

44You must obey all lawful instructions and directions from the Office of Corrections, and you must perform 200 hours of unpaid community work over the two years' as I have directed.  All hours of treatment and rehabilitation that you undertake will be considered as unpaid community work for the purposes of the 200 hours, and you must participate in programs and courses that address factors relating to your offending as directed by the regional manager.

45Now if you agree to consent to that and sign it; I will sign it, and that, as I say, will bring the matter to an end.

46Copies will be available in due course.

47MR TERRY:  Thank you, Your Honour.

48HIS HONOUR:  Thank you very much, Mr Terry, for your assistance and Ms Mahady for your efforts in jumping in to help out.  Mr Liaskos will be advised of all this, no doubt.

49MS MAHADY:  Thank you, Your Honour.

50HIS HONOUR:  Mr Petersen can leave the dock once he has got copies he is free to leave.

51MR TERRY:  Thank you, Your Honour, may I be excused.

52(Offender released.)

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