Director of Public Prosecutions v Piggott

[2019] VCC 1802

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR-19-01170

DIRECTOR OF PUBLIC PROSECUTIONS

v

LEIGH PIGGOTT

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JUDGE:	HIS HONOUR JUDGE CAHILL
WHERE HELD:	Melbourne
DATE OF HEARING:	18 October 2019
DATE OF SENTENCE:	1 November 2019
CASE MAY BE CITED AS:	DPP v Piggott
MEDIUM NEUTRAL CITATION:	[2019] VCC 1802

REASONS FOR SENTENCE
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Subject:
Catchwords: Burglary and damage property – Guilty plea – Remorse - Mental health issues relevant to offending and disposition – imprisonment not appropriate 
Legislation Cited:
Cases Cited:
Sentence: Community Corrections Order for 18 months – 175 hours unpaid work – alcohol and mental health assessment and treatment

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms. S. Locke	Office of Public Prosecutions
For the Accused	Ms. M. O'Brien	Stary Norton Halphen

HIS HONOUR:

1Leigh Piggott, you have pleaded guilty to one charge of burglary with intent to damage property, and one charge of intentionally damaging property.

2On 26 October 2018, you were talking to Jessica Jones at the Bell Tavern at Belgrave.  The two of you got into an argument about her ex-partner, Michael McLees, who is your friend. 

3She got angry at you and, before she left, she slapped you across the face a number of times and threw her drink at you.  You left after she had gone.

4I was told you walked towards your home and her house was on the way. When you got to her home you threw stones on her roof and, when there was no response, you entered into her home.

5You broke two glass panels to the front door and damaged the door jamb when you forced your way inside the house.  It was unoccupied.  You damaged internal doors, plaster walls and wall tiles.  You blocked the toilet and threw household items around the bedroom causing damage to the timber floor.  You ripped down the electric circuit board which was fixed to external weatherboards and you tore plants out of the garden. 

6During the rampage, you cut your hands and left drops of blood throughout the house.  You also damaged some of Ms Jones' property.  You pulled her television from its wall mounts, you pulled her clothing out of the cupboards, you knocked over tables and chairs and set a timber swing alight.

7While you were at the house, you sent Mr McLees text messages telling him what you had done.  When you left the house you went to his home, your hands and knuckles were cut and bloodied.  You said you had been to Ms Jones' house and trashed it.  You said you kicked in the door and burnt a swing which Mr McLees had made. 

8When Ms Jones returned to her home she was confronted with the damage and destruction you had caused.  When police called you, you voluntarily attended Belgrave Police Station where police arrested and interviewed you. 

9At interview, you made full admissions.  You said you had gone to Ms Jones' home and caused the damage.  You said you did not react immediately when she slapped your face at the pub, but you did afterwards and you said that because of your PTSD you were vulnerable to becoming angry. 

10You described a blackout and said that you did not remember the details but you just remembered being there and smashing stuff.  You had been drinking on the night yourself.  You said you felt remorseful, that you knew you had messed up and that you had over-reacted. 

11Ms Jones' victim impact statement was read to the court.  Having heard it, I hope you appreciate the impact of not only the property damage but also the psychological harm you caused to her. 

12You admitted a criminal history.  Relevantly, you have two convictions for criminal damage.  Firstly, in February 1995, when you were sentenced to a community based order for 12 months, and secondly, in November 2009 when you were released on a further community based order for eight months.  You successfully completed both orders.

13Your personal circumstances are set out in the neuro-psychological report dated 25 July 2019 of Dr Linda Borg [Exhibit 3].

14You were born on 4 February 1975 and are now aged 44 years.  You are the second of three children.  You struggled to learn at school and were bullied.  You were in special education classes in Grades 5 and 6.  You left school in Year 9 and laboured for a builder and you have worked in timber milling, tree-lopping and tiling.  You have never obtained a driver's licence.  You live with your parents and you last worked in 2017. 

15You have a history of anxiety and self-harm.  Between November 2012 and January 2019, you have had eight attendances at hospital including two hospital admissions which were in November 2012 and December 2017 for suicidal thoughts.

16After your release from hospital in December 2017, your treating psychiatrist referred you to a psychologist, Sonya Xenias, for assessment.  Her report was Exhibit 2.  She diagnosed you as suffering ADHD, predominantly inattentive, and recommended psychological treatment. 

17A consulting psychiatrist, Dr Anthony Cidoni, examined you on 18 October 2019.  His report is Exhibit 4.  In his opinion, you have clinical features of a number of mental disorders, including, in addition to ADHD, PTSD and depression.  In his opinion, your PTSD was a factor in your offending as it will have made you extremely sensitive to Ms Jones’ mistreatment of you.

18He is also of the view your depression and anxiety would significantly worsen in custody and your risk of self-harm in a custodial setting would be very high.  Removing you from your main support, your father, would have a negative effect on your mental health in his view. 

19I also received and read your father's letter which was Exhibit 8.  You have a very close relationship with him. 

20In November 2018, you qualified for NDIS assistance and there is a letter to that effect [Exhibit 7].  Under your NDIS plan, you saw an occupational therapist for five months to assist you to make behaviour strategies.  Her letter is Exhibit 6. You continue to see a psychologist and a mental health support worker under the plan and in that regard I received a letter of your case manager which was Exhibit 5.

21In written [Exhibit 1] and oral submissions, Ms O'Brien, who appeared on your behalf, relied on the following factors in mitigation of penalty; your admissions to your friend immediately after the offending and your admissions and cooperation with police; your plea of guilty entered at the earliest opportunity; your absence of prior convictions since 2009; your complex mental health for its interaction with your offending and the likely adverse impact of incarceration on your mental health and your previous compliance with the requirements of community based dispositions. 

22She submitted I should impose a community correction order with a punitive component of unpaid work and a rehabilitative component of treatment and supervision conditions.

23Ms Locke, who appeared for the prosecution, submitted, taking into account the circumstances of your offending, your limited criminal history, your early guilty plea and your mental health, a community correction order is within proper sentencing range.

24I have had you assessed for a community correction order and you have been found suitable. 

25Your offending was serious.  It struck at the heart of Ms Jones' ability to feel safe in her own home.  Parliament has legislated that an offence of burglary involving an intent to damage property must be heard in this court and not the Magistrates' Court. 

26However, taking into account the circumstances of your offending, and your personal circumstances, including your guilty plea and mental health and your prospects of rehabilitation, which I find to be reasonable, I have formed the view all sentencing objectives including general deterrence and specific deterrence, just punishment and rehabilitation can properly be met by an appropriately conditioned community correction order.  Please stand Mr Piggott. 

27On the charges of burglary with intent to damage property and intentionally damage property, you are convicted and I order that you be released on a community corrections order for a period of 18 months.

28In addition to the core conditions, it will have the following special conditions.  Supervision, 175 hours of unpaid community work, alcohol treatment and rehabilitation, mental health treatment and rehabilitation. 

29In relation to the community work and your treatment and rehabilitation, I direct that up to 75 hours of time you spend on treatment and rehabilitation programs be credited to your un-paid community work.

30So Mr Piggott, that gives you an incentive to attend your programs, because by doing that, you will reduce the community work hours that you will need to do. 

31While I am of the view that Ms Jones should be compensated by you for any additional financial loss, I decline to make an order for compensation today because Ms Jones has not provided any evidence of the quantification of her loss. 

32I do make a compensation order in the sum of $10,030 to Westpac Insurance.

33I declare, but for your plea of guilty, I would have imposed a community correction order of two years and ordered that you undertake 250 hours community work.

34Mr Piggott, you may have a seat, and my associate Ms Phillips will prepare the form of community correction order.  Before I can make the Order, it is required that you understand the effect of the community correction order and that you agree to it being made. 

35So I will ask your counsel Ms O'Brien to approach the dock with the form of the order and give her the opportunity to discuss it with you.  Do you understand?

36OFFENDER:  Yes.

37Mr Piggott, because I am satisfied that is it in the interests of justice to do so, I make an order that you provide a sample of your saliva which will go on the data base and I must inform you that if you do not cooperate in providing the sample of your saliva, then police can use reasonable force to obtain a sample which may be a blood sample. 

38Do you understand that you will be required to attend the Ringwood Community Correctional Services within two working days, that is, by Tuesday of next week?

39OFFENDER:  Yes.

40HIS HONOUR:  Or in fact by Monday.  If you can go today, you should go today, otherwise on Monday. I have seen that you have signed the acknowledgment that you understand the effect and conditions of the order and consent to it being made, so I will make that order Mr Piggott, and I have confidence that you will oblige the conditions of the order as you have done previously, and I hope that the courts will not see you again. 

41Ms Locke and Ms O'Brien, thank you for your assistance. 

42MS LOCKE:  Thank you, Your Honour.

43MS O'BRIEN:  As Your Honour pleases.

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