Director of Public Prosecutions v Scott

[2020] VCC 666

IN THE COUNTY COURT OF VICTORIA

Revised

Not Restricted

Suitable for Publication

AT MELBOURNE

CRIMINAL JURISDICTION

CR 19-02247

DIRECTOR OF PUBLIC PROSECUTIONS

v

RONALD DALE SCOTT

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JUDGE:	HER HONOUR JUDGE GAYNOR
WHERE HELD:	Melbourne
DATE OF HEARING:
DATE OF SENTENCE:	21 May 2020
CASE MAY BE CITED AS:	DPP v Scott
MEDIUM NEUTRAL CITATION:	[2020] VCC 666

REASONS FOR SENTENCE

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr I. Harrison	Office of Public Prosecutions
For the Accused	Mr I. Hartnett	Ellinghaus & Linder

HER HONOUR:

1Ronald Dale Scott, you have pleaded guilty before me to one charge of aggravated burglary and one charge of intentionally causing injury.  The offending occurred on 18 August 2019 in the early hours of the morning.  Your daughter, Taylah Scott, and her partner, Ayden Arif, were in bed in Taylah’s  home in Beveridge when she received a call from her mother, Sandy Hart, warning that you were in a 'mental state'.

2The two of them heard knocking at about 1 am but did not answer it believing it to be you.  You continued to knock on the door, banging quite hard and yelling for someone to open the door.  Taylah and Mr Arif stayed quiet in the bedroom hoping you would go away and you then moved to the bedroom window and started knocking on that yelling something like, 'You've got one more chance'.

3Both Taylah and Mr Arif got out of bed and moved into the bedroom ensuite and then into the ensuite and finally into the walk in robe where they hid in a corner.  You broke the bedroom window and climbed through into the bedroom at which time you were wearing a jumper, tracksuit pants, gloves and black garbage bags over your shoes.

4Your actions in entering the house in this way underly Charge 1 on the indictment, aggravated burglary.  You ran after Mr Arif and Taylah and came into the walk in robe, immediately punching Mr Arif in the face many times causing him to fall on the ground.

5Then once he was on the ground you kicked him a number of times.  Taylah tried to get in between you but you pushed her out of the way continuing to punch Mr Arif to his head.  This apparently occurred at least five times with Taylah trying to stop you and asking you to stop and you either pushing her out of the way or reaching around over her to continue your assault on Mr Arif.

6As you struck him you also abused him.  At one point you left the wardrobe and came back almost immediately with a pick axe which you held over your shoulder but did not strike Mr Arif with it and simply held it for a while before putting it down.

7During the assault Taylah called her mother, Ms Hart, and at approximately 1.35 am she attended at the address and spoke to you, trying to calm you down.  Eventually you left the wardrobe where Mr Arif remained, leaning against the wall, dazed and with blood on his face.

8Apparently a neighbour called police who arrived at about 1.46 am.  Mr Arif went through the broken window to speak with them, police noting he had facial swelling and blood on his face.  He was then taken by ambulance to the Northern Hospital.

9Police were then directed to the lounge where you were lying topless on the couch and were spoken to before the scene was photographed and you were arrested.  You were then taken to the Seymour police station for interview at about 4.03 am.

10It was resumed at about 11.10 am after being suspended, you advising you did not want to make any comment or answer questions as you did not think you were in a position to make answers as you did not know what was going on anymore, had too many thoughts in your head and you were 'not right at the moment'.

11You were asked about what medication you were on and you told police you had depression and anxiety tablets, as well as tablets relating to a previous operation.  The interview was concluded without any allegations being put to you.

12As a result of the assault Mr Arif suffered a cut to his right temple, a cut under each eye, swelling and bruising to his face, scratches on his back and a scratch on his left foot.  Your actions in assaulting Mr Arif underly Charge 2 on the indictment, intentionally cause injury.

13The maximum penalty for aggravated burglary is 25 years' imprisonment.  The maximum penalty for intentionally causing injury is ten years' imprisonment.  You remained in custody from your arrest on 18 August 2019 until you were bailed on 7 October 2019.

14You indicated a plea of guilty to the charges at your first committal mention on 11 November 2019 and your plea has therefore been made at the earliest opportunity.  No victim impact statement was compiled, although Mr Arif was asked if he wished to do so.

15I now turn to your personal circumstances.  You are now 52 and you have lived with your partner, Sandy Hart, for the past 35 years.  You have one daughter, Taylah, aged 24, who works as an assistant at a law firm.  You grew up in Broadmeadows where you were raised by your mother after your parents separated when you were about eight.

16You lived at home with her until you moved in with Ms Hart, buying a block of land and building a house there.  You have a very close relationship with your mother who remains supportive of you.  Ms Hart, your partner, has always worked and has no prior convictions.

17You have a reasonable relationship with your father who is a painter and over the years you have compiled a good work history.  You passed Year 11 at Broadmeadows Technical School and then undertook a four year sheet plastering apprenticeship and have always worked in that trade.

18You began your own business when you were about 30 with your brother and then in 2010 began to operate a sole business named Ronsan Plastering which you conduct to this day.  That business has been successful, employing at times up to 24 people.

19You are currently working on a high rise building in Lonsdale Street.  You often work six days a week and this job carries with it apparently an amount of stress in terms of dealing with subcontractors and building and of course running your own business.

20Ms Hart runs a restaurant called Jack's Satay Box which was purchased early in 2019 which is now closed due to the COVID-19 restrictions causing some financial difficulties.  You have a number of prior convictions, some of them for violence, but they are more than 20 years old.  Despite urging by the prosecution it is my view that the facts of this case and the passage of time mean that that offending is not relevant to the sentencing exercise before me.  I drew that conclusion partly because of what I regard as the somewhat unusual circumstances attached to this case.

21Your daughter began a relationship with Mr Arif when she was 15 and he 16, they meeting at school.  Two years later he moved in to the home you shared with Ms Hart and your daughter.  In that time Taylah obtained her VCE in Year 12 and began working full time in 2014.

22In that year you and Ms Hart assisted Taylah and Mr Arif by buying them a block of land with the intention of building on it.  The title was put in both of their names.  Things changed in late 2015 when Taylah told you and Ms Hart that Mr Arif was regularly using ice.

23At this stage she and Mr Arif were still living with you and he was asked to leave your home.  Unsurprisingly your relationship with Mr Arif then fractured.  Mr Arif continued to regularly use drugs, offend, was dealt with by the courts and he ceased working.

24This greatly distressed both you and Ms Hart and you wished the relationship to end.  There is no suggestion that Taylah has ever used drugs but she continued on in the relationship with Mr Arif, this very much against your wishes.

25Things got worse in December 2016 when Mr Arif physically assaulted Taylah and she rang you in an hysterical state seeking help.  This marked a significant further downturn in your attitude towards Mr Arif and you became increasingly stressed and distressed at the continuing relationship between he and your daughter.

26In May 2017 the block of land you had purchased for Taylah and Mr Arif was sold and a second block bought with a view to building on it, however this time the block of land was placed in Taylah's name only.

27You became increasingly depressed over your daughter's relationship which affected your behaviour to the point that your relationship with Ms Hart was affected and she was ready to leave you.  In May 2018 you began taking anxiety medication prescribed by your GP.

28In July 2018 your best friend, Mr Potts, died of a heart attack.  This caused you enormous guilt and grief.  This was because Mr Potts had rung you to ask if you would drive him to hospital but you were unable to do so because you were working in Echuca.

29Mr Potts died in hospital several days later.  You have continued and continue I understand on the psychological evidence put before the plea hearing to berate yourself for Mr Potts' death and this was a cause of significant elevation of the distress and anxiety you were already undergoing.

30In October 2018 Taylah moved out of the family home into a house that had been built on the land bought for her, the building being funded by you and Ms Hart.  You asked Taylah not to allow Mr Arif to move in but he did so.

31On the plea evidence was given by psychologist, Jeffrey Cummins, who stated that in relation to Mr Potts' death he believed you had developed what he termed as a persistent complex bereavement disorder.  He also gave the opinion that the stress and anxiety you felt over your daughter's relationship with Mr Arif reached such a stage that you had yourself developed what he termed an adjustment disorder with mixed disturbance of emotions and conduct.

32Symptoms of those he said were frustration, anger, hurt, regret and a sense of betrayal by Mr Arif.  During that time you significantly increased your alcohol intake.  You had previously essentially been a social drinker.  For the first time you began to occasionally dabble in use of ice.

33The irony of this should not be lost upon you, Mr Scott.  A great deal of your upset in relation to Mr Arif arose from his use of methylamphetamine and other drugs, and yet you began using the very drug you condemned Mr Arif for.

34After Mr Potts' death you significantly increased your use of ice where you were smoking it about two or three times a week.  Unsurprisingly your abuse of drugs and alcohol led to even greater deterioration in your mental state.

35You realised however that you needed help and in January 2019 began attending a counsellor at Incolink, an industry related health support service.  This worked for a while and you stopped using ice for several months.  It was noted by Incolink counsellor, Shanna Crawley, in her report dated
12 September 2019 that by May however you had relapsed back into drug use, although you did continue attending upon her.

36By the time of the offending you had become aware that Mr Arif was occasionally selling drugs from your daughter's home and had been visited by drug dealers seeking money for drug debts.  Your daughter had in fact informed you of this.

37You then received information that Taylah's house may be raided by drug dealers seeking money from Mr Arif.  You believed that she was being assaulted by Mr Arif and you were concerned because you had also received information that if there were such a raid Taylah may be held hostage.

38You told Mr Cummins that you had been drinking alcohol and had ice in your system when you formed the decision to go to your daughter's home essentially on what you regarded as some sort of misguided rescue mission.

39Your fears apparently increased when there was no answer to your knocking.  It was Mr Cummins' view that on that morning you had been experiencing suicidal ideation and that your mental state and distress were inflated by the consumption of ice and alcohol.

40He described you as suffering what he termed a 'nervous breakdown' which in his report dated 8 May 2015 he described as an acute situational crisis, 'Whereby at that time he was in a disturbed mental state characterised by suicidal ideation and elevated feelings of hurt, betrayal and an overwhelming sense of wanting to protect his daughter'.

41Your counsel submitted that there were bizarre aspects to your offending.  The example he gave was you placing garbage bags over your shoes.  Taylah's garden at the time was apparently being landscaped and not wanting to dirty the carpets you placed the garbage bags on your shoes in order not to dirty the carpet.

42You apparently have little recall of your actions but believed you got the pick axe from tools being used by the landscapers outside.  Ultimately you entered the premises in the way I have described and offended in the way I have described.

43As I have said, you were held in custody until 7 October 2019 when you were released on bail.  In that time Taylah took out an intervention order against you.  A condition of your bail was to attend upon Mr Cummins for treatment, which you have done.

44Mr Cummins noted in his report that at the committal hearing he was approached by Taylah who asked if she could come to see you for treatment and after receiving permission from you she did so on the strict understanding that you not attend at the same time as Taylah.

45Ultimately there was a joint session with you and Taylah and Mr Cummins at which time there was a reconciliation.  I understand that the relationship with your daughter has now resolved and at that joint treatment session with
Mr Cummins you apologised to her for your behaviour.

46I note that your daughter attended with Ms Hart to support you on the plea.  Taylah herself has ended the relationship with Mr Arif about two and a half months ago.  He has continued to use drugs and I was informed faces five sets of offending still to be heard in the Magistrates' Court.

47In the meantime on bail you have ceased taking methylamphetamines.  You have undertaken urinalysis since your release.  I understand that each of those urinalysis testings have returned a negative result for methylamphetamines.

48Mr Cummins said you had displayed a vigorous remorse for your offending.  He assessed you as being a low risk of reoffending.  You are now working again and you have undergone anger management therapy with Mr Cummins as part of your treatment with him.

49I also received a report from your general practitioner, Alessa Matuza, dated
6 May 2020 in which she outlined the issues between yourself and Mr Arif and the effects of Mr Potts' death.  She said you had undertaken meaningful progress in recent months.  She stated that your judgment was now intact and that, 'He has not shied away from the inexcusable nature of his actions'.

50It was Mr Cummins' opinion that you were suffering mental impairment at the time of your offending and were also exercising or demonstrating the impulsivity often displayed by persons who use ice.  Apparently the offending you undertook has resulted in some catharsis of your adjustment disorder but you continue to ruminate over the death of Mr Potts.

51It was the prosecution's submission that the seriousness of your offending was high.  It was submitted that your motivation for this offending was to get into the house one way or another.  The prosecutor, Mr Harrison, submitted that this was an incident of family violence.

52Mr Harrison submitted that your actions simply arose because of your dislike of Mr Arif and that whilst you believed that you were justified in doing what you were doing in relation to your daughter this was often it was submitted the thinking that underlay far too many incidents of domestic assault where one person decides to take criminal action on what they regard as justifiable grounds.

53It was pointed out that the assault on Mr Arif lasted for 30 minutes.  It was also submitted that your prior convictions were of relevance, a submission that I have already dealt with.  Ultimately it was the prosecution's submission that I should deal with you by way of a term of imprisonment, although it was conceded that a combination sentence, that is a sentence comprising a term of imprisonment combined with a community corrections order, was open.

54Whilst I understand the prosecution's submissions I do not accept them.  In my view, whilst the offending was serious, the lead up to it contained features which whilst they do not in any way excuse your offending on this day, do have an explanation attached to them.

55I am satisfied that there was a degree of mental impairment suffered by you in the lead up to this offending.  I stress again this is by no means an excuse for your behaviour on that day, but I am satisfied that you do no longer regard what you did as excusable behaviour.

56It was of course domestic violence of a sort, but in my view you have paid a high price for it.  You have been charged with a serious offence, you have faced the prospect of gaol.  You have been estranged from your daughter, whom you understand herself to have been injured by your actions against
Mr Arif which were extremely violent.

57I accept that you are truly remorseful for your offending.  This has been indicated not only by your extremely early plea of guilty but by in particular the way in which you have conducted yourself since being released on bail, attending to your drug and alcohol problems, attending appropriate therapy with Mr Cummins, reconciling with your daughter and making appropriate expression of remorse for your behaviour.

58I accept that prior to this offending you yourself had recognised that your emotional and mental state and drug use was getting out of control.  I regard this offending as situational.  In saying this I recognise that very often domestic violent offending is often situational but in my view there were extreme circumstances surrounding this offending which make it unlikely that you will reoffend and I agree with Mr Cummins' assessment of you being a low risk of reoffending.

59You continue to enjoy the support of your partner and your daughter.  You continue to run a successful business, you have finally dealt with the mental health difficulties that have plagued you for some years, the situation with your daughter and Mr Arif is now resolved.

60I am comforted in that conclusion by your many years of prosocial and active engagement in work and your employment of many people and of the fact that this responsible prosocial behaviour has continued unabated for more than two decades.

61I do accept that there were particular stressors which were apparent in this case relating to a concerning relationship between your only daughter and a man who was engaging in criminal behaviour and addicted to methylamphetamine, and a man who had mistreated your daughter and whom she continued to see almost it would seem no matter what he did.

62I do regard this as uncharacteristic offending for the man that you had become.  In saying all those things I am in no way condoning domestic violence which I accept ordinarily should be dealt with by a stern response from the court most usually involving the imposition of a term of imprisonment.

63However, for the reasons and the mitigating factors I have outlined I am satisfied that the punitive and mitigatory features of this case can be adequately met by the imposition of a community corrections order for which you have been found suitable.

64Again the community corrections assessing officer found you to be a low risk of general reoffending and minimal conditions were recommended.  Ultimately it was stated that if a community corrections order was imposed only a mental health condition was recommended as a special condition and I agree with that recommendation.

65It seems despite the great strides that you have made that you continue to suffer mental distress in relation to Mr Potts.  I am satisfied that the danger of you reoffending has very much abated due to your responsible handling of your drug and alcohol abuse but it seems to me that the mental component that underlay your offending still needs attention and I do intend to impose this as a special condition.

66Unpaid community work has not been recommended due to the changes implemented at the community corrections service due to the COVID-19 crisis.  I can only place you on a community corrections order, Mr Scott, if you consent to the making of this order and I need to explain the conditions to you.

67They are firstly that you must report to the Community Corrections Office within two working days of being placed on this community corrections order, that is by Monday of next week.  The order will last for a period of two years.  Whilst on the order you must not commit an offence punishable by imprisonment.

68That does not mean, Mr Scott, that you have to be sentenced to a term of imprisonment if you do offend, only if you commit an offence for which theoretically you could be gaoled such as stealing a box of matches from Woolworths.

69Whilst on the order you may not leave Victoria except with the permission of the Community Corrections Office.  You must report any change of address or employment within 48 hours of the making of that change.  You must report to and receive visits from the Community Corrections Office.  You must obey all lawful directions of the Community Corrections Office and you must not attend upon Community Corrections whilst under the influence of drugs and alcohol.

70The special condition will be that you undertake treatment for mental health difficulties.  Are you prepared to enter this order?

71OFFENDER:  Yes, Your Honour.

72HER HONOUR:  Thank you.  Pursuant to s.6AAA I declare that had you not pleaded guilty I would have sentenced you to a term of imprisonment of
18 months and order that you serve a minimum term of 12 months.  Is there anything else that I need to attend to?

73MR HARTNETT:  No, Your Honour.

74HER HONOUR:  Thank you.  I am going to leave the Bench and my associate will talk to you, Mr Hartnett, about how the papers will be got to Mr Scott.

75MR HARTNETT:  Will Your Honour come back on the Bench after that?

76HER HONOUR:  Pardon?

77MR HARTNETT:  Your Honour won't come back on the Bench?

78HER HONOUR:  No, I won't come back on the Bench, my associate will just bring the order down for me to sign.  I thank counsel very much for their extremely helpful submissions on both sides.  I particularly commend
Mr Harrison for his very full submissions even though I have not accepted them in the way he may have wished.

79Again I repeat this is a most unusual case with a particular build up, a particular situation surrounding it.  I am satisfied that unusually the ground number one in Verdins' case has some application in this case and as I have said were it not for the unique circumstances as I regard them to be in relation to this offending in existence the submissions made by Mr Harrison as to the imposition of some form of imprisonment were entirely appropriate.  Thank you.

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