Director of Public Prosecutions v Quinn

[2017] VCC 1396

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR 17-01424

DIRECTOR OF PUBLIC PROSECUTIONS

v

STORM QUINN

---

JUDGE:	HER HONOUR JUDGE QUIN
WHERE HELD:	Melbourne
DATE OF HEARING:	22 September 2017
DATE OF SENTENCE:	26 September 2017
CASE MAY BE CITED AS:	DPP v Quinn
MEDIUM NEUTRAL CITATION:	[2017] VCC 1396

REASONS FOR SENTENCE
---

Subject:
Catchwords:  False imprisonment, criminal damage, intentionally cause injury, common law assault
Legislation Cited:
Cases Cited:
Sentence:

---

APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms R. Marques	Office of Public Prosecutions
For the Accused	Ms A. Sutherland	Greg Thomas Solicitors

Pages 1 - 7

 

HER HONOUR:

1Storm Quinn, you have pleaded guilty to false imprisonment, criminal damage, intentionally cause injury and common law assault.  The maximum penalties for each of those offences is 10 years other than common law assault which is five years.

2You have also agreed to have dealt with by me and pleaded guilty to the following related summary offences:  (1) an indictable offence on bail:  three months or 30 penalty units and (2) two charges of possessing a prohibited weapon with the maximum penalty 240 penalty units or two years. The full details of your offending is set out in the prosecution opening for plea Exhibit A. 

3You were in a relationship with Ms Amira Rabou though you had had periods of reconciling and separating.  At the time of this offending you were 20 and she was 17. 

4On 14 February of this year you were with Ms Rabou at your mother's house in Braybrook out in the bungalow where you were living.  You had consensual sexual intercourse with Ms Rabou but later had an argument when she suggested that everyone was calling you a junkie.  You became volatile and angry.  Between 7 and 9 pm Ms Rabou tried to leave the bungalow but you would not let her go nor would you let her get dressed and you hid her clothes.  You also grabbed her handbag and smashed some of its contents; that conduct constituting Charge 2, criminal damage.

5She tried multiple times to leave but you continued standing in front of the door and blocking her path.  This is part of the conduct constituting Charge 1 of false imprisonment.  Ms Rabou tried to calm you down apologising to you, she was crying and scared.  Between 10 pm and 11 pm the situation escalated.  You and Ms Rabou continued arguing about her wanting to leave the bungalow.  You grabbed her on the right arm causing her to suffer abrasions and bruising.  That is Charge 3, intentionally cause injury.

6You continued arguing though this was interspersed with consensual sexual activity and at midnight you both fell asleep.  You woke her at about 4 am and went together to the service station to get cigarettes.  On the way back to your bungalow you again fought and she was too scared to ask for help on the way home. 

7Ms Rabou tried to run away before you reached the bungalow but you forced her inside and told her to keep quiet so as not to wake your mother and sister who were in the house.  This conduct continues the conduct constituting Charge 1.

8You talked for a while and you then became angry.  You punched her in the back causing a bruise.  That is  the conduct constituting Charge 4, common law assault. 

9At one point you placed your hand on her throat though she persuaded you to stop, assuring you she would not leave you.  You then both went back to sleep waking up about midday.  Ms Rabou again tried leaving and you told her she was to stay until 5 pm.  She remained in the bungalow and watched television.  During this time she contacted a friend on Facebook and told her you physically assaulted her and would not let her leave. 

10In the early evening, ultimately you let her go and walked with her to the bus stop.  She went to the police the next day. 

11On 16 February 2017 Ms Rabou was medically examined and the following injuries were observed. A collection of five small abrasions and bruising on the inner surface of her right upper arm, Charge 3 and a small area of red bruising and tenderness on her left shoulder blade, Charge 4.

12You were arrested and participated in a record of interview.  You denied the offending and amongst other things said that you had argued with Ms Rabou because she had called you an "Icehead".  You said it was you who was trying to leave and you grabbed her arm when she was preventing you from doing so and that that may have caused her bruising.  You maintain that she did not try to leave the bungalow at any stage.  When police executed a search warrant at your bungalow they located a knuckleduster and a knife.  That is the two summary offences of possess a prohibited weapon.

13Further, at the time of the commission of these offences you were on bail for offences allegedly committed on 16 November 2016. 

14No victim impact statement was provided though Ms Rabou would have felt frightened and scared during the course of the night when you would not allow her to leave the bungalow.

15You are a young offender and currently aged 20.  You have had no contact with your father throughout your life and live with your mother.  You remain living with her and your younger sister in the bungalow at the back of their house.  You also have an older half-brother who was physically abusive towards you.  You had difficulties at school and were diagnosed with ADHD when you were aged nine.  Child protection have been involved in your life and you were placed on a Custody to the Secretary order.   Under this order you resided at various residential care units where you were introduced to the use of illicit substances.  It was also during this time that you committed your first criminal offences.  You have a long involvement with juvenile justice.  At one of these units at Hurstbridge Farm you were involved in an accident and suffered a moderate head injury.  I had no evidence before me, however, regarding the long term impact, if any, on you because of this injury.

16The custody order expired in May 2015 you have had a limited education and work history.  You have had various jobs as a scaffolder, in retail and in washing cars.  In 2015 you enrolled in Certificate II in Civil Construction through the National Skills program and you were hopeful of completing this course and finding work in that field. 

17As previously mentioned you have abused substances since a young age.  At the time of this offending you were using methyl amphetamine or ice and cannabis but this does not mitigate your offending, it provides some explanation for your violent and irrational behaviour. 

18You have a significant number of prior appearances at the Children's Court dating back to 2009.  Many of these relate to driving and dishonesty offences though they also include you damaging property, assault and threatening to inflict serious injury. 

19You have been before a court on 13 prior occasions.  I note that your period in remand in relation to these matters 49 days was  your first time in a custodial environment having never received juvenile justice detention in the Children's Court for your prior offending.

20The prosecution conceded that you indicated an intention to plead to these matters approximately a month after the committal proceeding which was held in July this year.  I take into account your plea of guilty, it was at an early stage in the proceedings.  There is a utilitarian value in the plea as none of the witnesses were required to give evidence particularly Ms Rabou and you have saved the community the cost associated with running a trial. 

21Your plea is also indicative of your acceptance of responsibility for your actions and shows a willingness to facilitate the course of justice. 

22Your plea is indicative of some remorse.  It was submitted that your time in custody was difficult and gave you time to reflect on your conduct.

23Given your prior history and that you have matters outstanding, I have some reservations regarding your rehabilitation prospects.  It clearly will be necessary for you to address your drug issues otherwise it is fair to say that you are likely to encounter further involvement with the criminal justice system.

24Corrections Victoria have assessed you as being a high risk of re-offending.  However, given you are a young offender I am conscious of the relevant sentencing considerations and the recognition by the law of the potential for youths to be redeemed and rehabilitated.

25Accordingly your counsel submitted particularly given your time spent in custody that you should be sentenced to a community correction order with conditions to address your issues and community work or that any further imprisonment should be served in Youth Detention.  The prosecution did not dispute the appropriateness of either of these courses.

26Consideration of just punishment, general deterrence, specific deterrence and community denunciation must be balanced against the matters in mitigation outlined above, particularly your plea of guilty and your youth.

27Taking all relevant sentencing considerations into account, and in consideration of the Court of Appeal decision in Boulton, I am of the view that all sentencing purposes can be met by the imposition of the community correction order. Having received a favourable report from Office of Corrections, I am minded to make such an order. 

28Mr Quinn, could you just stand up for a moment?  I understand the conditions and the requirements of a community correction order have been explained to you and you understand the obligations; is that correct?

29OFFENDER:  Yes, Your Honour.

30HER HONOUR:  Do you also understand the consequences of failing to meet those obligations and that you need to be assured that if you breach the order and do not comply with the relevant conditions that you will come back to me and I will have to re-sentence you for this matter?

31OFFENDER:  Yes, Your Honour, I understand. 

32HER HONOUR:  Thank you.  It is important that you do use the assistance that is provided to you Mr Quinn.  I am concerned about your drug issues and they are long-standing issues and you need to address them otherwise you are going to find yourself back in adult prison pretty quickly.

33OFFENDER:  Yes, Your Honour.

34HER HONOUR:  All right.  What I am going to do is impose a community correction order for a period of 12 months.  There will be a 50 hour community work provision.  There will be a condition regarding treatment and rehabilitation for drugs, a condition for a men's behaviour change program, you will be under the supervision of community corrections at Sunshine and I am going to have you come back before me in three months' time so that I can be assured that you are committed to addressing your issues and undertaking the responsibilities that you have under the order. 

35On the court order I will make sure that it is noted that you served a period of time of 49 days in relation to this matter. 

36If you had not pleaded guilty to this matter pursuant to s.6AAA of the Sentencing Act I would have imposed a terms of imprisonment of three months.

37Now, there were some orders for confiscation.  Have you got those?

38MS MARQUES:  I think they were handed up last time, Your Honour.

39HER HONOUR:  I do not think so.

40MS MARQUES:  We can email them through.

41HER HONOUR:  All right. That is fine.  Now, I have got an order here for you to sign, Mr Quinn.  I will ask my associate to take that down to you.  Thank you.

42ASSOCIATE:  Is this your signature?

43OFFENDER:  Yes, it is.

44ASSOCIATE:  I will make some copies.

45OFFENDER:  Thank you.

46HER HONOUR:  Thank you. Mr Quin you will be required to come back here for judicial monitoring on Wednesday 20 December at 9.30.  All right? 

47OFFENDER:  Thank you, Your Honour.

48HER HONOUR:  Thank you.  Is there any other matters?  Thank you.  I will just adjourn until tomorrow, thank you.

‑ ‑ ‑