Director of Public Prosecutions v Singh
[2024] VCC 923
•19 June 2024
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
Case No. CR-24-00078
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| BHALWINDER SINGH |
---
JUDGE: | HIS HONOUR JUDGE TIWANA | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 7 June 2024 | |
DATE OF SENTENCE: | 19 June 2024 | |
CASE MAY BE CITED AS: | DPP v Singh | |
MEDIUM NEUTRAL CITATION: | [2024] VCC 923 | |
REASONS FOR SENTENCE
---
Subject:Criminal law – Sentence
Catchwords: Aggravated burglary – Intentionally damage property – Offender purchased townhouse and became disgruntled due to delays in the estimated completion date – Offender used sledgehammer to shatter a window and enter building – Sledgehammer used to cause approximately $175,000 in damage to business premises – Out of character offending – Offender meets criteria for Major Depressive Disorder (with anxious distress and mixed features) and Alcohol Use Disorder – Seven months of positive compliance with Court Integrated Services Program (CISP) – Pleas of guilty following a second indication.
Legislation Cited: Crimes Act 1958; Sentencing Act 1991.
Sentence: 91 days’ imprisonment and a 16 month Community Correction Order.
---
APPEARANCES: | Counsel | Solicitors |
| For the DPP | Mr P. Stefanovic | Office of Public Prosecutions |
| For the Accused | Mr C. Pearson | Vassis & Co. |
HIS HONOUR:
Introduction
1Bhalwinder Singh, following a sentence indication hearing,[1] you have pleaded guilty to one charge of aggravated burglary and one charge of intentionally damage property.
[1]A sentence indication hearing took place on 10 May 2024. An indication was given at this hearing and accepted. Mr Singh was arraigned at the plea hearing on 7 June 2024.
2Aggravated burglary carries a maximum penalty of 25 years’ imprisonment. Intentionally damage property carries a maximum penalty of 10 years’ imprisonment.
Circumstances of the offending
3An agreed prosecution opening dated 6 June 2024 was read aloud in court.[2]
[2]Exhibit A.
4You had purchased a townhouse from Woodlea Sales Hub and Display (‘Woodlea’) some two years prior to the offending. There had been significant delays in the estimated completion date. On 24 May 2023, you sent an email to the company expressing the fact you were disgruntled.
5You sent a somewhat rambling email to Woodlea on the morning of 29 June 2023. You expressed your frustration and mentioned that you had a sledgehammer.
6A representative from Woodlea, Mr Howard, called you at 9.41am, but you were abusive and hung up. Mr Howard called you again a couple of minutes later. You said ‘I’ve got a hammer, I’m in the car, I’m on my way to see you.’
7At 10.37am, you sent a text message to Mr Howard saying ‘today is reconciliation day. I am gonna reconcile with HANUMAN’.
8You arrived at the premises of Woodlea at approximately 11.00am that same day, 29 June 2023. Five staff members were working at the premises, and the front doors were locked.
9You walked up to the locked front doors and kicked them twice, causing damage, but they remained closed. A security guard witnessed you kick the door and told you to stop. You said ‘You stay away!’. The guard told the receptionist to call triple zero.
10You returned to your car and got a sledgehammer from the boot.
11You used the sledgehammer to hit a window on the side of the building. The window shattered, allowing you to enter the premises (charge 1 - aggravated burglary).
12CCTV from the reception area shows staff were still inside the building and reacting to your entry. One staff member began recording the incident on her phone. Staff then vacated the building through a joint café area.
13You proceeded to use your sledgehammer to cause extensive damage within the building (charge 2 - intentionally damage property).
14You damaged various items of property, including windows, four laptops and five screens, three mounted television screens, an interactive model screen, a sales map table, three Apple iPhones, a tablet, an office light fitting, a kitchen island bench, Smeg cooktop, kitchen sink tap, framed pictures, a café glass cabinet, tiles and a pair of reading glasses.
15At approximately 11.07am, you then entered the café area causing damage and took a can from the fridge.
16You then left the building and damaged a Nissan X-Trail belonging to Woodlea.
17You then re-entered the building and caused further damage.
18Police attended while you were still inside the premises and placed you under arrest.
19The damage you caused totalled $174,943.34c. There has been an insurance payout of $122,363.34c. Woodlea have commenced civil action against you in relation to the shortfall.
20You were formally interviewed on the day of your offending. When asked what happened, you said that you did not really remember, but it was like a God came to you and said ‘you should do this’ and you did it.
21You described your initial interactions with Woodlea involving numerous emails as polite as you attempted to cancel the building contract.
22On the morning of your offending, you spoke to someone from Woodlea, before you became angry and hung up the phone. You said that Woodlea called you back, and you do not remember what happened afterwards. You later said you went to Woodlea to have a conversation, the doors were locked, you kicked them. You said you did not remember what happened after that and that you blacked out.
23Following the interview, you were charged and remanded in custody.
24Having spent three months in custody, you were granted bail on 27 September 2023. You have remained on bail since and have made good progress.
Impact of offending
25I have had regard to the victim impact statement of Ms Haddara, one of the staff members working at the Woodlea premises at the time of your offending.[3] The statement was tendered but not read out in court. It is plain that your terrifying offending conduct has had a significant and ongoing impact upon her. She was unable to continue work and still feels unsafe even in her own home.
[3]Exhibit B.
Personal circumstances
26You are now 35 years old.
27You were born and raised in Punjab, India, and have lived in Australia since 2008 as a permanent resident. Your parents and brother remain in Punjab.
28You got married in 2018 and have two children aged around four and two. You have a sister who lives with you and your family.
29Having arrived in Australia in 2008 on a student visa, you commenced a hospitality management course. At the same time you worked at night in a bakery. That employment continued over a number of years until 2014. As a result of the unsociable hours, you began driving a truck in 2015.
30Your wife’s second pregnancy with your daughter was a particularly difficult one. The pregnancy involved the premature rupture of the placental membrane and required daily hospital attendance for monitoring from the six month mark in 2021. This was a particularly stressful time with a small child at home, COVID and ongoing work problems.
31At the time of the offending, you were drinking heavily. You would drink up to a bottle of spirits at night to induce sleep. Other than trying cannabis some eight years ago, you have no issues with illicit substances.
32You sought psychological treatment in 2022, focusing on stress management.
33Your licence to drive a truck was suspended pending a psychiatric assessment as a consequence of the offending on 15 April 2023.[4] While you were not employed at the time of your offending before this court, you have otherwise been studying or in employment since you arrived in Australia. Your truck licence was re-instated in January 2024 and you are currently working as a truck driver.
[4]See [35] of these reasons.
Gravity of the offending and sentencing purposes
34Quite obviously, the grievance you had with Woodlea needed resolution in a manner that did not break the law. Instead, you engaged in a terrifying incident involving extensive damage to the Woodlea premises with a sledgehammer. The impact of your offending upon one of the staff members demonstrates the terror your offending caused. Thankfully, the staff were able to leave without incident.
35While it is accepted that you did not intend to use the sledgehammer as an offensive weapon to assault, nevertheless you used it to cause extensive damage to valuable property that Woodlea relied upon to function as a business. Damage totalling just under $175,000 was caused.
36In order to ensure such offending as a result of personal grievances does not occur, general deterrence assumes importance. Your conduct also needs to be denounced.
Defence submissions
37Apart from a drink driving matter in January 2015, you have no prior criminal history. Of more significance, you have pending matters before the Magistrates’ Court relating to offending on 15 April 2023. You have pleaded guilty to these matters and are awaiting a further plea and sentence hearing. I was told there are a number of offences including common law assault, reckless conduct endangering life, careless driving, criminal damage, reckless conduct endangering serious injury, failing to stop and failing to stop at a red light.
Dr Ryan’s psychiatric report
38I have had regard to Dr Ryan’s psychiatric report dated 19 September 2023, which was prepared to assist with your bail application.[5] Dr Ryan states that in the setting of significant work stress, a complicated and distressing second pregnancy and work and family pressures in COVID times, you developed persistent symptoms of depression and anxiety in 2019-20. Your alcohol intake escalated and sleep deteriorated.
[5]Exhibit 2.
39A formal diagnosis of depression was made in 2021 and confirmed in 2022 and 2023.
40Dr Ryan states that you meet the criteria for Major Depressive Disorder (with anxious distress and mixed features) of moderate severity. You also meet the criteria for Alcohol Use Disorder. There appears to have been an improvement with the medication you have been taking.[6]
[6]Anti-depressant and anti-psychotic medication.
41Dr Ryan states that the presence of some unusual ideas of a persecutory nature have improved and do not relate to a primary psychotic disorder but rather a mood disorder, significant abuse of alcohol and other stressors.
42Dr Ryan opines that you require ongoing management of your mental health, including psychological counselling.
43Having spent 91 days in custody, you were granted bail by the Magistrates Court on 27 September 2023. This was your first experience of custody. That fact alone would have had a salutary impact upon you and hopefully will deter you from further offending.
44Your release on bail included a condition that you comply with the Court Integrated Services Program (CISP). Your involvement with CISP continued in this Court after you were committed here on 31 January 2024. I have had regard to the final progress report dated 14 May 2024.[7] It is plain that your engagement with CISP over a period of some seven months has been a positive experience involving excellent progress by you. It has involved counselling with a psychologist, and the completion of an Alcohol and Other Drug program with the Australian Community Support Organisation (ACSO).[8] Your case manager states that you have engaged openly and respectfully during a total of 15 case management appointments.
[7]Exhibit 3.
[8]Exhibit 4.
45I accept that this offending for which I am to sentence you, along with the offending in April, was out of character. It occurred at a time when you were finding it particularly difficult to cope with a number of stressors in your life. Thankfully, you have taken advantage of the support offered by CISP and made inroads in dealing with the issues you have grappled with.
46You have maintained your employment as a truck driver working up to 40 hours per week. You are mindful of ensuring a work-life balance and are motivated to ensuring you are a good husband and father to your two children. You have not consumed alcohol since 28 June 2023. I was told that you have also given up smoking. You have not been in any further trouble.
47While not an early plea, you have facilitated the course of justice and have now taken responsibility for your actions. You have saved the community the time and expense of a trial. I am prepared to accept that your pleas of guilty demonstrate at least some remorse.
Sentencing
48While your successful rehabilitation is in the interests of the community, that needs to be balanced against the punitive purposes of sentencing. In determining the length of the CCO, I have taken into account your engagement with CISP over seven months after having spent three months in custody. I also bear in mind that too many work hours may prove detrimental to your mental health. Your employment as a truck driver is essential in order to support your wife and two young children.
49Having carefully considered all matters and circumstances, including the agreed position of the prosecution and defence on disposition, you are convicted and sentenced as follows:
50On Charge 1 you are sentenced to 91 days imprisonment.
51On Charge 2 you are sentenced to 91 days imprisonment.
52These sentences will run concurrently, making a total effective sentence of 91 days’ imprisonment.
53In addition, on Charges 1 and 2, you will be sentenced to a CCO which will commence today and last for a period of 16 months.
54Every CCO has core conditions that you must comply with. They are as follows:
· You must not commit any offence punishable by imprisonment.
· You must comply with any obligation or requirement prescribed by the regulations.
· You must report to and receive visits from the Secretary.
· You must report to the community corrections centre within two clear working days.
· You must notify the Secretary of any change of address or employment within two clear working days of the change.
· You must not leave Victoria except with the permission of the Secretary.
· And, finally, you must comply with any direction given by the Secretary that is necessary for the Secretary to give to ensure your compliance with the order.
55In addition to the mandatory core conditions, the CCO will also include special conditions. The special conditions are:
· First, you are required to undertake 100 hours of unpaid community work as directed.
· Second, you must undergo assessment and treatment (including testing) for alcohol abuse or dependency as directed.
· Third, you must undergo any mental health assessment and treatment as directed.
· Fourth, you must engage in programs that address factors relating to your offending behaviour.
· Fifth, you will be subject to supervision as directed for the duration of the CCO.
56Pursuant to s 48CA(2) of the Sentencing Act 1991, I direct that any hours of treatment and rehabilitation successfully undertaken be counted as hours of unpaid community work.
57You must report to Melton Community Correctional Services within two working days.
58You need to understand that if you were to breach the CCO in any way, either by committing another offence or by not complying with any of the core or special conditions, then you could be charged with the offence of breaching the order.
59The offence of breaching a CCO itself carries a maximum penalty of three months' imprisonment. So were you to breach the order, you would need to come back to court and face sentencing for that breach offence. In those circumstances, you could also be re-sentenced for the offences for which you have been placed on the order. You would then face the very real possibility of being sent to prison.
60So, there are serious consequences attached to any breach. Do you understand Mr Singh?
61OFFENDER: Yes, your Honour.
62HIS HONOUR: Do you also understand all the conditions of the proposed CCO?
63OFFENDER: Yes, your Honour.
64HIS HONOUR: Do you consent to being placed on a CCO in the terms I have outlined and to abide by all of its conditions?
65OFFENDER: Yes, your Honour.
Pre-sentence detention
66Pursuant to s 18 of the Sentencing Act 1991, the period of 91 days of pre-sentence detention, not including today’s date, is hereby declared as having already been served in respect of this sentence, and I order that such declaration and its details be entered in the Court’s records.
Section 6AAA declaration
67Pursuant to s 6AAA of the Sentencing Act, I indicate that had you pleaded not guilty and been convicted of these two charges, you would have been sentenced to a term of 2 years and 3 months’ imprisonment with a non-parole period of 18 months’ imprisonment.
0
0
0