Director of Public Prosecutions v Ramsay
[2018] VCC 2025
•3 December 2018
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised (Not) Restricted Suitable for Publication |
Case No. CR-18-00035
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| ANTHONY RAMSAY |
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JUDGE: | HER HONOUR JUDGE MORRISH | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 20 November 2018 | |
DATE OF SENTENCE: | 3 December 2018 | |
CASE MAY BE CITED AS: | DPP v Ramsay | |
MEDIUM NEUTRAL CITATION: | [2018] VCC 2025 | |
REASONS FOR SENTENCE
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APPEARANCES: | Counsel | Solicitors |
| For the Director of Public Prosecutions For the Director of Public Prosecutions (Sentence) | Mr M Sharpley Mr M. Senia | Office of Public Prosecutions |
| For the Accused For the Accused (Sentence) | Ms C Lynch Mr J. Barrera | Stary Norton Halphen |
HER HONOUR:
1 Anthony Ramsay, you are to be sentenced in respect of one charge of arson, contrary to s.197(1) and 197(6) of the Crimes Act 1958. The maximum applicable penalty is 15 years' imprisonment.
2 You pleaded guilty when arraigned before me on 5 November 2018.
3 You are also to be sentenced in respect of a related summary offence of commit indictable offence (arson) whilst on bail contrary to s.30B of the Bail Act 1977. The maximum applicable penalty for this related summary charge is 30 penalty units or three months' imprisonment.
4 You also pleaded guilty to this charge on 5 November 2018 when you consented to this summary offence being dealt with by me.
Circumstances of offending
5 The circumstances of offending are not in dispute, and are well summarised in the prosecution opening for plea, tendered as Exhibit A. I shall annex a copy of the opening as attachment A to these reasons for sentence.
6 At the time of committing these offences you were 29 years old, unemployed and homeless. You have a history of mental illness and drug addiction that has contributed to psychotic episodes from time to time.
7 On 7 May 2017, you were granted bail at the Geelong Police Station. A condition of bail was that you not attend the Geelong Hospital. You gave your address as 626 Thompson Road, Norlane, for the purposes of the undertaking of bail. You told police that you were presently staying at that address, it having been the place where your grandparents used to live. In fact, your grandmother had previously lived at the address between 1995 and 2007, until she passed away in 2007. The property was owned by the Department of Housing, Geelong.
8 Upon your release on bail, members of police drove you to the address, leaving you at the front of the house. The next morning the house was found to have been damaged extensively by fire. You lit the fire, causing approximately $200,000 in damage.
9 The occupant of the home was Ms Susan Colville, who lived at the premises with her 13‑year-old daughter. You and Ms Colville were strangers.
10 On 9 May 2017 you attended Geelong Housing on advice of the Salvation Army. Your behaviour was observed to be erratic. Unfortunately, accommodation could not be found for you. The next day, 10 May 2017, contrary to your condition of bail, you attended at the Geelong Hospital Accident and Emergency Department, where your behaviour was noted as destructive whilst you were in the waiting area.
11 Members of staff called police, who attended. You asked them to drive you to your grandmother's address at 626 Thompson Road, the property you had recently destroyed by fire. As it happened, upon arrival at the address, other members of police were still in attendance investigating the fire. Those members of police informed the members who drove you there that you did not live at the address.
12 Patrol Sergeant Daniel Wilsmore had also attended at the address to assist with the investigation. He knew you from previous dealings. You asked Sergeant Wilsmore to arrest you. When Sergeant Wilsmore told you that you had done nothing wrong, you replied by saying, "Yes, I have burnt that house down." When asked to identify which house you were talking about, you pointed out the address at 626 Thompson Road. You explained to police that you had entered the house via the back of the premises, removing a window. You then climbed in, and using your lighter, you set fire to some blankets on the floor in the bedroom. You were then arrested. As police attempted to arrest you, you resisted, and in the struggle you fell to the ground, where you continued to resist. Eventually police managed to subdue you and arrest you. You were then taken to Geelong Police Station where you were to be interviewed.
13
You were assessed by a forensic medical officer, Dr Profit, who deemed you to be unfit for interview, pending reassessment the following morning. On
11 May 2017, forensic medical officer Dr Ryan reassessed you and found you fit for interview. Dr Ryan also informed the police that you had presented to Geelong Mental Health on 11 occasions in the previous 23 days, and on each such occasion you had been released.
14 When interviewed by police, you stated that the house was your "nanna's house" and that you last visited your grandmother at that address in around 2002. You also told police that your nanna's house had been burnt down, a fact you knew because you could "feel it"". You said this was called "spirituality". Police asked you whether you knew how the house was burnt down. You responded, "No. I think I do, but anyway." You added that your nanna's wishes were finally dealt: "All the bad shit that happened there can finally rest and the house could be built, hence why you replenish the ground." You told police that you felt the house needed to be cleansed, explaining, "Cleansing as in rebuilding, you know, it might be turning into a community centre or something like that, or it might even be my home." You added that the best way to cleanse a house was to burn it down.
15 When asked whether you entered the premises, you admitted that you probably did and that you saw "just evil, absolute evil" inside the house. You remarked that you saw the purest smoke that you had ever seen in your life.
16 As mentioned earlier, at the time of committing this offence you were on bail for an offence committed on 3 April 2017 at the Centrelink office, Corio, when you kicked the automatic doors to the entrance of the centre after being frustrated by being kept waiting for a number of hours.
Gravity of offending
17 Arson is a serious crime, a fact conceded by your counsel. You caused a significant amount of damage, and disrupted the lives of the occupants. Ordinarily in cases such as these, protection of the community is the dominant sentencing purpose. Principles of general deterrence, denunciation and condemnation are also important sentencing considerations.
18 Your counsel submits, however, that because of your compromised mental functioning at the time of committing the offences, a greater focus of the sentencing exercise should be on your treatment and rehabilitation.
Impact of your offending
19 As I have stated, the premises was occupied by Ms Colville and her daughter. In her victim impact statement, tendered as Exhibit B, Ms Colville stated:
"The fire that destroyed [our] home was truly devastating. It was very surreal walking in to salvage what I could. I was in such shock ... I lost all my paintings, my jewellery, all our clothes. My biggest loss was all our family photo albums, my books etc, just everything. The emotional toll. ... I gave up for a while, walking around in a daze. It is something that still plays on my mind. I think [it] will for a long time."
Plea in mitigation
20 Your counsel, Ms Lynch, made a comprehensive plea in mitigation on your behalf. She noted that as at 5 November 2018 you had spent some 544 days on remand following your arrest on 10 May 2017. She identified a number of circumstances that she submitted combined to justify "a merciful disposition and one that provides for [you] to be released into the community with appropriate support".[1]
[1]Exhibit 1, paragraph 3
Background to offending
21 Prior to the incident, you had been living with your mother in Cairns, Queensland. You formed the mistaken belief that your stepsister had been raped and murdered in Geelong, and made a perilous and stressful drive through "Cyclone Debbie" to get to Geelong. When you arrived here you found yourself with no money and nowhere to stay. For the next month you made a desperate search for the truth about your stepsister. All the while, your mental health was deteriorating. In the days leading up to the offence, you made frequent contact with housing and mental health services in an effort to get help, but you were unsuccessful in your endeavours.
22 As noted earlier, the day before the offence, on 7 May, you had been arrested due to your aggressive behaviour at the Geelong Hospital. Apparently, you believed the hospital was withholding your sister's admission to the hospital from you. Police records show that although you were found to be cooperative with police, your behaviour and language was unpredictable and at times incoherent. Upon your release from custody, as I have already noted, you requested to be taken to your grandmother's home, after having told police that you lived there.
23
Your counsel submitted that the offence was committed in the night of
8 May "in somewhat bizarre circumstances" and that you appear to have been experiencing delusions about the house.
Personal circumstances
24 You are now 30 years of age. You were born in Bairnsdale but spent most of your childhood in the Geelong area. You have one younger brother and three half-siblings. Your parents separated when you were aged five. Your grandmother took custody of you and your brother, and denied your mother access to both of you. Subsequently, you were made a ward of the State, and experienced the instability of the foster care system. Your schooling was interrupted, and you were diagnosed with ADHD and prescribed medication for that condition. Despite this, you continued to struggle, and eventually left school in Year 9.
25 When you were aged 12 you returned to live with your mother, who was by then living in Queensland. You never returned to school, and in your teenage years you began getting into trouble with the law. According to a psychiatric report,[2] you also were placed in juvenile detention centres in Queensland, mostly for car and motorcycle theft. You have also received terms of imprisonment on a number of occasions while you were in Queensland.
[2]Exhibit 2, report from Dr Fiona Best, consultant forensic psychiatrist dated 7 August 2017
26 You obtained work experience in plastering, and from time to time you have worked in that field with your stepfather in Queensland.
27 Despite not having any significant personal relationships, you have two children to two different partners.
28 In 2015 your 21‑year-old stepbrother died in a car accident. You were in custody at the time and were not permitted to go to the funeral. You were particularly close to your stepbrother and his death had a profound impact on you. Your mental health declined dramatically, and you engaged in extreme acts of self-harm.
29 Since 2014 you also developed issues with substance abuse, in particular abuse of methamphetamine. It is conceded by your counsel that your history of drug use is linked to frequent periods of instability associated with some of the symptoms of your underlying mental health issues.
Verdins[3] issues
[3]R v Verdins; R v Buckley; R v Vo (2007) 16 VR 269
30 Your counsel submits that there is a strong nexus between your mental health issues and your offending. So much is obvious from the agreed summary of facts to which I have already referred. Following your remand you continued to display psychotic symptoms, which led to your transfer to the psychiatric units within the prison. On 5 July 2017 you were transferred to the Thomas Embling Hospital under the Mental Health Act, where you remained until 1 August 2017. Whilst there you underwent electric shock therapy for manic psychosis. Whilst in custody you were diagnosed with schizoaffective disorder, and you were treated with depot injections. In her report dated 7 August 2017,[4] Dr Best stated:
"Shortly after the offence, Mr Ramsay was remanded to Melbourne Assessment Prison and was found to be floridly psychotic. It is highly likely that Mr Ramsay was psychotic at the time of the offense and was experiencing grandiose, religious and referential delusions as well as thought interference such that he was unable to reason with any sense or composure about the wrongfulness of his actions. Verdin's considerations are relevant in that there appears to be a link between Mr Ramsay's impaired mental functioning because of his psychotic illness and his offending, his psychotic illness (worsened by his drug use) is likely to have affected his capacity to exercise appropriate judgement and make calm decisions and think clearly at the time of the offenses.
...
Mr Ramsay's has a history of Schizoaffective Disorder, and his impaired mental functioning as a consequence of his illness means that some sentences may weigh more heavily on him than on an individual without those difficulties and has the potential to have an adverse effect on his mental health.
Given there is a relationship between offending and psychosis, it is recommended that Mr Ramsay continue with his current psychiatric treatment plan to manage his psychotic illness. This would have the potential to reduce risk of reoffending. This plan should include regular antipsychotic medication."
[4]Exhibit 2
31 In her updated report,[5] Dr Best stated:
[5]Exhibit 3, report of Dr Fiona Best, consultant forensic psychiatrist, dated 16 November 2018
"At the time of his remand he was floridly psychotic, threatening self-harm, was irritable and assessed as being at high risk of interpersonal violence. Mr Ramsay was also refusing psychiatric treatment and medication and refusing food and fluid, he said, "I was all over the place". He was initially transferred to the psychiatric unit at Melbourne Assessment Prison (AAU) and damaged property, and continued to refuse food and fluid. He was subsequently detained in a Muirhead cell at the Melbourne Assessment Prison but was transferred to St Vincent's Hospital on 3.7.17 because of concerns about dehydration. He was rehydrated with intravenous fluids at St. Vincent's Hospital and then transferred to Thomas Embling Hospital as a Security Patient under the Mental Health Act, Vic (2014) where he was treated with electroconvulsive therapy (ECT) and began long acting depot (injectable) antipsychotic medication. His treatment at Thomas Embling Hospital was provided in a seclusion area of the unit because of concerns about risk and unstable mental state and this area allowed for closer nursing observations and provided a low stimulus environment. Mr Ramsay reported he was transferred back to the Melbourne Assessment Prison after 3 weeks of treatment. He reported that the ECT had a "dramatic effect, I come out of everything". He reported that after he was returned to prison he requested oral antipsychotic medication instead of depot medication because he was experiencing side effects from the depot medication. He reported that his medication regime was subsequently altered and the depot was ceased. He reported that after two months at Melbourne Assessment Prison, he was transferred to the inpatient psychiatric unit at Ravenhall Prison, initially to Erskine/Aire units (the acute units) and then Moroka Unit (rehabilitation unit). He reported that he was at Ravenhall Prison for 5 months, but assaulted a corrections officer while at Moroka, he said, "I had a lapse, a massive argument with my ex-partner and I asked an officer if he could do something for me and he told me to f…k off". He reported he was transferred to Melbourne Remand Centre, Chilwell Unit (Chilwell Unit is a unit that provides additional support for vulnerable prisoners). Mr Ramsay reported that while at Chilwell Unit he severed the top half of his pinnae (the external component of the right and left ear), which required surgical treatment. He reported he was admitted for 2 days to St Vincent's Hospital for plastic surgery. He reported this happened because, "Occasionally, I still hear voices and my cousin had passed away the last month, I'd had really bad phone calls with my ex and we've broken up and she's manipulating me with my son, like a game of chess, instead of lashing out at someone else, I'd take it out on myself, a bit of voices and taking it out on myself", he also said, "At the time I was really unwell, three or four months ago". Mr Ramsay reported that for the last few months his mental state has been stable. He reported that he was currently seeing the psychiatrist monthly at outpatients at Melbourne Remand Centre and would sometimes speak with an officer at Chilwell and to a Peer Educator, which he found helpful. When asked about future plans, Mr Ramsay indicated a willingness to attend ongoing mental health treatment, he said, "I reckon this time I get out, the help's going to be there. In Queensland I never had that, if I need help there's alternatives I can go for". He also said he wanted to continue to see a psychiatrist, he said, "I want to go and see one, if that could be part of my CCO, I want to do that off my own back". When asked about drug and alcohol counseling, Mr Ramsay said, "It would be good to have a worker, alcohol is not a problem, but the ice or pot, that's another story, I've used them all me life, I need some outlet, I've got the drive to say no, I don't know anyone down here". Mr Ramsay also reported that if he was released, he planned to work as a plasterer for his stepfather and would live at his uncle's house.
Medication
Sodium Valproate 1500mg daily (mood stabilizer)
Mirtazapine 60mg daily (antidepressant)
Chlorpromazine 200mg daily (antipsychotic)Olanzapine 30mg daily (antipsychotic)
Mental State Examination as at 16 November 2018
Mr Ramsay presented as looking his stated age, he was dressed in prison attire and his hygiene appeared adequate, he was clean-shaven and his hair was cut short. This was in contrast with a previous meeting in April 2018 when Mr Ramsay was disheveled, he had a large unkempt beard, and his hair was long and tangled. Mr Ramsay has gained weight (>20kg) and he was significantly overweight. He was very cooperative with the interview process. His eye contact was good and he was not restless. He had tattoos on his neck, arms and hands. The top half (pinnae) of both his ears were missing. His speech was normal in rate, tone and volume. When asked about his mood, he said, "Relieved, knowing court is…going to be sentenced soon, I'm looking forward to getting out, in other jail sentences there's some other things to worry about, this time I know what's to come" and, "Can be up and down, depending on what's going on". He reported that he was sleeping well, he said, "12 to 13 hour, that's good". He reported a good appetite and said that he was "Always hungry". He reported he had gained 20 – 30kg of weight. Mr Ramsay was not thought disordered, he reported a significant reduction in psychotic symptoms, but reported some vague residual symptoms of auditory hallucinations, he said, "I don't have much anymore, the occasional voice, but it's like I've worked out it's just a thought". He denied any paranoid thoughts, delusions, or referential idea, but recalled experiencing ideas of reference when he was first incarcerated, he said, "When I first came in, I was at my worst". He denied any passivity symptoms. He denied any suicidal thoughts or attempts, he said, "I've never had a suicidal thought, I've cut, I've cut my ears off, it was more trying to take the anger off". When asked about thoughts to harm others, he said, "There has been, at times, the person I've only lashed out at was the officer, it was the stupidest thing, it was more spontaneous, impulsive".
Opinion and Recommendations
1. Mr Ramsay is a 30-year-old single Australian male who has two children with whom he has minimal contact. He was remanded into custody on the 12 May 2017 in a floridly psychotic state. Prior to traveling to Geelong, he had lived in Queensland for 17 years. He has worked as a plasterer in the past. He has a 4-½ -year history of mental illness and has been admitted to psychiatric units in Queensland and Victoria. He has a family history of mental illness in his brother and father who both have psychotic illnesses. He has a long history of illicit substance use. He has been charged with arson and assault.
2. On assessment today, Mr Ramsay was very settled although he reported history of florid manic psychosis when he was first remanded. Mr Ramsay has a diagnosis of Schizoaffective Disorder, Bipolar type, multiple episodes, currently in partial remission (DSM‑5). Comparison between Mr Ramsay's mental state at first assessment in April 2017 and on 15 November 2018 shows a significant improvement in his mental state with only fleeting residual psychotic symptoms (occasional auditory hallucinations).
3. Mr Ramsay is in need of ongoing psychiatric care and his current psychiatric treatment (including psychotropic medication) should continue uninterrupted. Mr Ramsay currently takes a complicated oral medication regime and reports compliance. At assessment today we discussed aides to assist with adherence with treatment such as dosette boxes, which pharmacists can fill on a weekly basis and pharmacist prepared monthly Webster packs. If released from custody, Mr Ramsay should be referred for case management by his local area mental health service particularly to ensure that his treatment is uninterrupted. Given the severity of Mr Ramsay's illness 12 months ago, which took a significant amount of time to resolve with treatment, a Community Treatment Order under the Mental Health Act, Vic 2014, should be contemplated by his treating team. Additionally, referral to the Community Integration Program (CIP) at Forensicare should be contemplated to assist with accessing and liaising with community mental health treatment teams. Mr Ramsay indicated a willingness to comply with these recommendations and demonstrated good insight into his mental health difficulties.
4. Mr Ramsay should be supported to apply for a Disability Support Pension on the grounds of mental illness. His local area mental health service could assist with this process.
5. Mr Ramsay reports a long history of illicit drug use (cannabis, cocaine and amphetamines) and he meets criteria for Cannabis Use Disorder (DSM-5) and Amphetamine Use Disorder (DSM-5). A therapeutic and rehabilitative program to address his illicit use difficulties would be beneficial particularly as his drug use has the potential to de-stabilize his mental state and increase the risk of psychotic relapse. Abstinence from illicit substances is likely to reduce risk of relapse and of reoffending. At assessment today, Mr Ramsay indicated a willingness to maintain his current abstinence. He discussed concerns about being referred to a drug and alcohol program that might introduce him to new contacts in Victoria that may supply him illicit drugs in the future (he reports he does not have any Victorian contacts as he moved from Queensland and was incarcerated shortly after arrival).
6. Mr Ramsay indicated a willingness to comply with a Community Correction Order. It is recommended that any order include conditions to attend regular mental health service appointments and drug and alcohol counselling and urinalysis. I am of the opinion that given
Mr Ramsay's current settled mental state, he would be able to comply with these conditions and he demonstrated a willingness to comply.7. Mr Ramsay has gained a considerable amount of weight (a side effect to his psychotropic medication). It is recommended that case management by his local area mental health service carry out regular metabolic screening, and provide weight loss education.
8. Mr Ramsay reported that he has a plan to work for his stepfather as a plasterer if he is released. Employment is likely to reduce risk of reoffending.
9. Failure to comply with mental health treatment, particularly combined with illicit drug use would significantly increase risk of relapse."
Guilty plea
32 You pleaded guilty following the committal hearing. As I understand it, the only issue at the committal concerned your mental health.
33 A guilty plea, no matter why or when it is entered, must almost always attract a sentencing discount. In assessing the weight to be given to your plea, I take into account the following factors:
(i) The timing of your plea;
(ii) Your entitlement to a statutory discount;
(iii) Your plea evidences your remorse;
(iv) You have avoided the cost of a trial;
(v) You have spared witnesses the inconvenience and ordeal of giving evidence against you upon your trial;
(vi) The strength of the Crown case, including your admissions to police about your involvement;
(vii) The question mark over your mental functioning at the time of committing the offence; and
(viii) The social utility involved in your plea.
Prior criminal history
34 You have an extensive criminal history dating back to 9 December 2005 when you were convicted and sentenced to a total effective sentence of two years' and three months' imprisonment for various dishonesty and motor vehicle offences. In fact, you have many prior convictions for dishonesty offences, some of which include violent behaviour. You also have prior convictions for other violent offences and wilful damage convictions. You have a history of breaching your bail conditions, of disorderly behaviour, loitering, resisting and hindering police, breaching domestic violence orders, and you have a number of drug-related convictions.
35 I accept your criminal history is mostly associated with your mental illness and your drug abuse.
Prospects for rehabilitation
36 You have been assessed as posing a high risk of reoffending because of your past criminal history and your mental illness. With treatment and your commitment to it, your prospects for rehabilitation will be much improved. Indeed, I have been informed, and accept, that your period in custody has given you the opportunity to gain a level of stability in more recent times. So much is evident from Dr Best's updated report.
Sentencing submissions
37 In all the circumstances, your counsel urged me to sentence you to a term of imprisonment capped at time already served, combined with a community correction order with conditions focused upon your treatment and rehabilitation.
38 On behalf of the prosecution, Mr Sharpley agreed that it would be appropriate to combine a term of imprisonment with a therapeutic type community correction order, as you clearly need assistance to overcome your longstanding mental health and drug issues. He submitted, however, that given the gravity of your offending and your prior criminal history, the imprisonment component should extend beyond that which has already been served.
39 You have been assessed as a suitable candidate for a community correction order. On 20 November 2018, I heard from Ms Pamela Fedley, Assessing Community Corrections Officer, about the arrangements that could be put in place to transfer the community correction order to Queensland in view of your stated desire to return there to be with your mother. Ms Fedley stated that she had made enquiries with authorities in Queensland. Cairns would be the appropriate Community Corrections office to take over the order, should it be transferred to Queensland. In the event that the transfer is unsuccessful, Community Corrections in Victoria will assist you to find accommodation so that you can complete the community correction order here in Geelong or elsewhere in Victoria.
Sentences
40 In sentencing you I must take into account all of the matters personal to you, to which I have referred. I must also take into account matters such as deterrence, although it is of less significance in this case, given the nexus between your mental health condition and the offending. I am required to take into account the question of the protection of members of the community from you, and bear in mind the likelihood of your reoffending. I am called upon by the Sentencing Act to manifest the community's denunciation of your conduct and generally to impose a just punishment.
41 Anthony Ramsay, I have no alternative but to impose a term of imprisonment, which will be combined with a community correction order. I can only make such an order with your consent. I have been told that you do consent to the making of such an order, but, to be clear, I will outline what I propose and then check that you still agree to the making of a community correction order combined with a term of imprisonment.
42 First, the term of imprisonment will be 22 months. The time you have already served by way of pre-sentence detention will be counted as time already served under the sentence of imprisonment imposed today. You will then be bound by a community correction order for two years. The order will commence upon your release from custody.
43 Every community correction order, including the one I propose in this case, contains seven mandatory conditions. They are:
(i) You must not commit, whether inside or outside Victoria, during the period of the order, an offence punishable by imprisonment;
(ii) You must comply with any obligation or requirement prescribed by the regulations;
(iii) You must report to, and receive visits from, the Secretary during the period of the order;
(iv) You must report to the Community Corrections Centre specified in the order, in this case Geelong, within two clear working days after the order coming into force, namely within two days of your release from custody;
(v) You must notify the Secretary of any change of address or employment within two clear working days after the change;
(vi) You must not leave Victoria except with the permission, either generally or in relation to a particular case, of the Secretary;
(vii) You must comply with any direction given by the Secretary that is necessary for the Secretary to give to ensure that you comply with the order. Any such directions may be given to you either orally or in writing.
44 I am also required to attach at least one other condition. The court requires you to undergo treatment and rehabilitation, which I shall soon specify, and as directed by the Secretary unless otherwise directed by the court. In attaching this treatment and rehabilitation condition I have regard to:
(a)The need to address the underlying causes of your offending; and
(b)The recommendations, information and matters identified in the pre‑sentence report concerning your treatment and rehabilitation.
45 The treatment and rehabilitation specified by the court is as follows:
· That you undergo assessment and treatment (including testing) for drug abuse or dependency;
· That you undergo medical assessment and treatment that may include general or specialist medical treatment or treatment in a hospital or residential facility;
· That you undergo mental health assessment and treatment that may include psychological, neuropsychological, psychiatric or treatment in a hospital or residential facility;
· That you participate in any program that addresses factors related to your offending behaviour;
· That you participate in other treatment and rehabilitation that the Secretary considers necessary, and this may include employment, educational, cultural and personal development programs that are consistent with the purpose of the treatment and rehabilitation conditions of this order;
46 You will be required to be under the supervision of, and be monitored and managed as directed, by the Secretary for the period that the order is in force. I propose to attach this supervision condition for the purpose of ensuring your compliance with the order.
47 My proposal then is to record a conviction and make a community correction order containing all of the conditions that I have just mentioned.
48 You must understand that if you breach any of the conditions of this order you may be charged with the offence of contravening a community correction order. That offence carries a maximum penalty of three months' imprisonment. There may be other consequences. If you are found guilty of the breach, in addition to the penalty imposed for that offence, the court might vary or cancel the order or resentence you in respect of the offences before me today. That might mean you will be sent to prison as a result. Do you understand that, Mr Ramsay?
49 OFFENDER: Yes.
50 Do you consent to the order in the terms that I have just outlined, in the full knowledge of the consequences of breaching such an order? Mr Barrera, do you want to just confirm with your client before I ask him to respond?
51 MR BARRERA: Thank you, Your Honour. Thank you for that time, Your Honour, he consents.
52 HER HONOUR: Thank you, Mr Barrera. Very well, the order may be prepared in the terms I have indicated.
53 You are convicted and sentenced to 22 months' imprisonment together with a community correction order in the terms I have just outlined.
54 On the related summary offence, you are convicted and sentenced to 14 days' imprisonment to be served concurrently with the sentence imposed on the arson charge contained in the indictment.
Pre-sentence detention
55 Under s.18(4) of the Sentencing Act 1991, I declare that the period of 572 days is to be reckoned as a period of imprisonment already served under this sentence and I direct that the fact of this declaration and its details be noted in the records of the court.
Statement under s.6AAA Sentencing Act
56 I am required to state the sentence and non-parole period, if any, that would have been imposed in respect of the offences but for your plea of guilty. Pursuant to s.6AAA, and taking into account the matters I have previously referred to as relevant to the weight to be given to your guilty plea, I state that but for your guilty plea, the sentences I would have imposed are as follows:
57 On the charge of arson you would have been convicted and sentenced to a term of three and one half years' imprisonment.
58 On the related summary charge you would have been convicted and sentenced to 21 days' imprisonment, to be served concurrently with the sentence imposed on the arson charge.
59 I would have directed that you serve a minimum period of two years before becoming eligible for parole.
60 I direct pursuant to s.6AAA that the sentence that would have been imposed but for your plea of guilty be noted in the court records.
Ancillary orders
Forensic sample order
61 Pursuant to s.464ZF(2) of the Crimes Act 1958, I order that you, Anthony Ramsay, undergo a forensic procedure for the taking of a scraping from the mouth and/or a blood sample in accordance with subdivision 30A of part 3 of the Crimes Act until a sample of sufficient standard is obtained for placement on the database. This order relates to Charge 1 on Indictment H11304946. Having considered the seriousness of the circumstances of the forensic sample offence, I am satisfied that in all the circumstances the making of the order is justified for the following reasons:
· The seriousness of the circumstances of the offending warrant the order;
· The prior convictions are such as to warrant the making of the order;
· The order is by consent; and
· The granting of the order is in the public interest.
62 Anthony Ramsay, I must inform you that if at the time of request you do not consent to the taking of a mouth scraping under the supervision of an authorised member of the police force, then the sample to be taken will be a blood sample, and police may use reasonable force to enable that forensic procedure to be conducted; do you understand?
63 OFFENDER: Yes.
64 HER HONOUR:
65 Are there any other ancillary orders sought?
66 MR SENIA: No, Your Honour.
67 MR BARRERA: No, Your Honour.
68 HER HONOUR: Right, the terms of the community correction order have now been prepared. Would counsel please double-check that the order is in accordance with what I intended. I will read though through the conditions again, if you would not mind both following with the draft order.
69 MR SENIA: Yes, Your Honour.
70 HER HONOUR: That you undergo assessment and treatment (including testing) for drug abuse or dependency. They might not appear in the same order but just double-check that they are all there.
71 Undergo medical assessment and treatment that may include general or specialist medical treatment or treatment in a hospital or residential facility.
72 Undergo mental health assessment and treatment that may include psychological, neuropsychological, psychiatric or treatment in a hospital or residential facility.
73 Participate in any program that addresses factors related to your offending behaviour.
74 Participate in other treatment and rehabilitation that the Secretary considers necessary, and this may include employment, educational, cultural and personal development programs that are consistent with the purpose of the treatment and rehabilitation conditions of this order.
75 Require to be under the supervision of and be monitored and managed as directed by the Secretary for the period that the order is in force.
76 Conviction and combined with the term of imprisonment.
77 The Community Correction Centre or office is Geelong until such time as transferred. Is there a mistake?
78 COUNSEL: No, Your Honour.
79 HER HONOUR: All right, thank you. Is the order now in the correct form?
80 COUNSEL: Yes, Your Honour.
81 HER HONOUR: Well, Mr Barrera, if you do not mind going with my associate, Mr Day, to see your client to have him sign the order? Is there anything further?
82 COUNSEL: No, Your Honour.
83 HER HONOUR: Thank you. We can run off a copy of the community correction order for your client, Mr Barrera.
84 MR BARRERA: Yes, thank you, Your Honour.
85 HER HONOUR: When that is done, he can be taken down to continue with the sentence.
86 MR BARRERA: Yes, Your Honour. May I approach - thank you.
87 HIS HONOUR: Thank you, Mr Barrera.
88 MR BARRERA: Thank you.
89 HER HONOUR: Yes, you can remove the prisoner, thank you. Thank you.
- - -
Attachment "A"
Summary of Prosecution Opening dated 27 February 2018
Court Reference: CR-18-00035
Indictment No:H11304946
IN THE COUNTY COURT OF VICTORIA
AT GEELONG
CRIMINAL JURISDICTION
Section 182 of the Criminal Procedure Act 2009
IN THE MATTER OF
| THE DIRECTOR OF PUBLIC PROSECUTIONS v. ANTHONY RAMSEY |
SUMMARY OF PROSECUTION OPENING
| Date of document: | 27 February 2018 |
| Filed on behalf of: | The Director of Public Prosecutions |
| Prepared by: JOHN CAIN Solicitor for Public Prosecutions | Solicitor's code: 7539 Telephone : (03) 9603 7666 Direct: (03) 5215 6712 Reference: M.Senia |
Accused
- The Accused in this matter is Anthony Ramsey born on 26 January 1988. At the time of the alleged offending he was 29 years old, unemployed and homeless.
Circumstances – Charge 1 Arson
- On 7 May 2017 at approximately 11.30am the Accused was released on bail from the Geelong Police Station by Senior Constable Rick Mullen.[6] The Accused signed his undertaking of bail with a residential address of 626 Thompson Road Norlane ("the Address"), that address having been given by the Accused as where his grandparents used to live and where he was presently staying.[7]
[6] Statement of Senior Constable Rick Mullen 16 June 2017, depositions page 69
[7] Statement of Senior Constable Rick Mullen 16 June 2017, depositions page 70
- The Accused's grandmother, Ms Linda ANDREASEN, had previously lived at the Address between 1995 and 2007. Ms ANDREASON passed away in 2007.
- The residence located at the Address was owned by the Department of Housing, Geelong.
- Amongst other conditions, the Accused's bail included a condition to not be at Geelong Hospital.
- The Accused was dropped off out the front of the Address by a nightshift van.[8]
[8] Statements of Senior Constable Richard Peers dated 21 June 2017, depositions page 73, Senior Constable Rhett Killeen dated 11 June 2017, depositions page 75
- On 8 May 2017 at approximately 9.00am, Police were called to a house fire at the Address. CFA units attended at this time. The house was observed to be extensively damaged from the fire and was subsequently put out by firefighters. [9] The premises were guarded overnight by Police.[10]
[9] Statement of Sergeant Tim Bennet dated 12 May 2017, depositions page 77
[10] Statement of Senior Constable Daniel Hughes dated 11 June 2017, depositions page 26
- On 9 May 2017 fire investigators from the CFA and Victoria Police Arson Chemist John KELLEHER examined the scene.[11] KELLEHER found that the rear window to the premises had been removed prior to the fire taking place and that the fire had started in the front main bedroom. He opined that the cause of the fire was ignition of combustible material, probably the double bed and/or bedding.[12] This information was not made publicly available and was known only to the fire investigators and police.[13]
[11] Statement of John Desmond Kelleher dated 18 May 2017, depositions page 64
[12] Statement of John Desmond Kelleher dated 18 May 2017, depositions pages 64 - 66
[13] Statements of Senior Constable Daniel Hughes dated 11 June 2017, depositions page 49, Senior Constable Daniel Hughes, depositions page 31, line 15
- The estimated damage to house from the fire was approximately $200,000.00.[14]
[14] Statement of Gary Moore dated 21 September 2017
- The occupant of the residence, Ms Susan COLVILLE, stated that she was last at the Address on the morning of 7 May 2017, along with her thirteen-year-old daughter. Ms COLVILLE stated that she, along with her daughter, resided there about four nights per week and that she was the only person who had a key to the property at that address. Ms COLVILLE stated that she thought she had locked the front and rear doors to the property at before she left on 7 May 2017.[15]
[15] Statement of Susan Colville dated 9 May 2017, depositions pages 53 to 55
- The Accused and COLVILLE were not known to each other.
- On 9 May 2017 the Accused telephoned the Salvation Army at Corio where he requested accommodation. The Accused was advised to contact Geelong Housing in Bellarine Street. The Accused attended Geelong Housing at about 4.00pm on this day where his behaviour was observed to be erratic. He was unable to be assisted with finding accommodation at this time.[16]
[16] Statement of Jennifer Rahofer dated 22 June 2017, depositions page 58
- On 10 May 2017 the Accused attended at the Geelong Hospital accident and emergency department where his behaviour was observed to be disruptive in the waiting area. As a result, hospital staff called Police at approximately 3.00pm. Police attended shortly thereafter. The Accused requested the attending police officers to drive him to his grandmother's address of 626 Thompson Road Norlane, which they did. [17]
[17] Statements of Constable Eliza McMonigle dated 10 May 2017, depositions page 42, Constable Michael Dempster dated 10 May 2017, depositions page 38
- Upon their arrival at the Address, Constable Eliza McMONIGLE and Constable Michael DEMPSTER met with Senior Constable Daniel HUGHES who was in attendance at the Address investigating the fire damaged residence. HUGHES advised McMONIGLE and DEMPSTER that the Accused did not live at that address.[18]
[18] Statements of Constable Eliza McMonigle dated 10 May 2017, depositions page 42, Constable Michael Dempster dated 10 May 2017, depositions page 39
- Patrol Sergeant Daniel WILSMORE also attended at the Address to assist with the investigation. The Accused was known to WILSMORE as a result of previous dealings. The Accused requested that WILSMORE arrest him. WILSMORE told the Accused that he had done nothing wrong. The Accused replied by saying "Yes I have I burnt that house down".
- WILSMORE asked the Accused which house he burnt down and the Accused pointed to 626 Thompson Road Norlane. The Accused went on to say that he had entered the house via the back of the premises and removed a window, climbed in and set fire to some blankets on the floor in the bedroom using his lighter.[19] This conversation was in the presence of HUGHES, MCMONIGLE and DEMPSTER.[20]
[19] Statement of Sergeant Daniel Wilsmore dated 10 May 2017, depositions page 34, Statements of Constable Eliza McMonigle dated 10 May 2017, depositions page 43 - 45, Constable Michael Dempster dated 10 May 2017, depositions pages 39 – 40, Senior Constable Daniel Hughes dated 11 June 2017, depositions page 49 – 50
[20] Statement of Sergeant Daniel Wilsmore dated 10 May 2017, depositions pages 35 - 37
- As a result of this conversation the Accused was arrested by WILSMORE with the assistance of HUGHES. WILSOMORE grabbed the Accused by the left arm which the Accused shrugged off. WILSMORE then grabbed the Accused by the upper body in an attempt to gain control of him. The Accused resisted and both WILSMORE and the Accused fell to the ground. HUGHES then grabbed the Accused by the legs when he was on the ground. The Accused continued to struggle with police until he was subdued and then handcuffed.
- The Accused was then transported to Geelong Police Station for interview. Prior to the commencement of the interview the Accused was assessed by Forensic Medical Officer Dr Cameron PROFIT who deemed the Accused unfit for interview pending reassessment the following morning.[21]
[21] Statement of Forensic Medical Officer Doctor Cameron Profit 25 September 2017, depositions, page 62
- On 11 May 2017 the Accused was reassessed by a Forensic Medical Officer Dr Matthew RYAN who deemed the Accused fit for interview. Dr RYAN also advised police that the Accused had presented to Geelong Mental Health on 11 occasions in the previous 23 days and had been released on each occasion.[22]
[22] Statement of Dr Matthew Ryan dated 20 September 2017, depositions page 65
Record of Interview
- The Accused was interviewed on 11 May 2017 and made partial admissions.
- The Accused stated that the Address in question is his nanna's house[23] and that he last visited her at that address in around 2002.[24] He stated that he told police that his nanna's house had been burnt down[25] and that he knew that because he could feel it. He stated that it was called "Spirituality."[26]
[23] ROI Q62
[24] ROI Q65
[25] ROI Q110
[26] ROI Q 111 & 112
- When the Accused was asked whether he had any knowledge as to how the house was burnt down, the accused stated "No. I think I do, but anyway" He went on to say that his nanna's wishes were finally dealt. He stated that "All the bad shit that happened there can finally rest and the house could be built, hence why you replenish the ground." The Accused stated that he felt the house needed to be cleansed. When asked what he meant by cleansed, the Accused said "Cleansing as in rebuilding, you know, it might be turning into a community centre or something like that, or it might even be my home." He further stated that the best way to cleanse a house was to burn it down.[27]
[27] ROI Q 205-213
- When the Accused was asked whether he entered the premises he stated that he probably did and that he saw "Just evil, absolute evil"[28] inside the house. He further stated that he saw the purest smoke he had ever seen in his life.
[28] ROI Q 225-227
0
1
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