Director of Public Prosecutions v Singh

[2016] VCC 1198

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR 15-01398

DIRECTOR OF PUBLIC PROSECUTIONS

v

VINCENT SINGH

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JUDGE:	HER HONOUR JUDGE LAWSON
WHERE HELD:	Melbourne
DATE OF HEARING:	10 August 2016
DATE OF SENTENCE:	17 August 2016
CASE MAY BE CITED AS:	DPP v Singh
MEDIUM NEUTRAL CITATION:	[2016] VCC 1198

REASONS FOR SENTENCE
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Catchwords:  Criminal law – sentencing – criminal damage, intentionally causing injury and reckless conduct endangering serious injury – plea of guilty – Community Corrections Order imposed

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms K Churchill (Plea) Ms S. Pattison (Sentence)	Mr John Cain
For the Accused	Mr L Hartnett (Plea) Mr A. Bucca (Sentence)	PBP Lawyers

Pages 1 - 9

 

 

HER HONOUR: 

1Vincent Singh, you have pleaded guilty before me in relation to the three charges on indictment and they all arise out of an incident that occurred on 1 April 2015. 

2The charges are criminal damage, intentionally causing injury and conduct endangering persons. 

3Each of those offences are serious and that is evidenced by the maximum penalty that is prescribed by Parliament and they are ten years' imprisonment for both the criminal damage charge and the causing injury intentionally charge and five years' imprisonment for the reckless conduct endangering persons charge.

4In addition, you admitted your criminal record.  I noted that only referred to one court appearance in the past and that it was for unrelated charges, namely theft from a motor vehicle and going equipped to steal. 

5On 6 April 2006 you were dealt with at the Ringwood Magistrates' Court in respect to those charges and without conviction, your matter was adjourned for 12 months on condition you pay a fine of $750 to the court fund.  Of note, you have never been dealt with in respect to any violence offences. 

6I will now proceed to sentence you on the basis of the prosecution opening that was read during the plea hearing.

Circumstances of the offending

7On 1 April 2015 you overheard a conversation between your mother and your brother, John, that concerned your wife-to-be, Pratika.  You reacted angrily and became enraged.  You then spoke with your brother who could not understand what you were saying.  You hung up from the conversation and left your mother's home and proceeded to drive to your brother's home.  He was in his car making his way home from work.

8Sometime after midnight you arrived at your brother John's home where his wife, Darsana, was alone.  She was on the bed watching some television in her bedroom.  She heard loud banging on the downstairs door and became frightened.  The door was locked and the force used by you to open the door caused damage to the door jam, door lock and some of the timber door. 

Charge 1, criminal damage

9I note that the cost of repair to the door was $890.58, which amount has been paid in full by you. 

10Darsana Murti heard the door open and then she saw you burst into her bedroom.  You started yelling at her in English initially and then in Hindi.  You then approached her and pushed her hard with both hands to her shoulders.  The force of your push was so hard it caused her to hit her head against the wall and she fell backwards.  You then placed your hands around her neck and squeezed.  She felt frightened and could not breathe. 

11You continued to yell at her in an abusive manner, telling her not to talk about you.  You then let go of her neck and hit her once to the left side of her face. 

Charge 2, the intentionally cause injury charge 

12You then left the house, went outside and by this time your brother, John, had arrived home.  You got into your car and you were continuing to yell.  John moved and stood in front of your car and was asking you “what is your problem?”. You then drove at him with your car, hitting him and forcing him to jump on the bonnet of your car with his hands and knees.  You then braked and he fell off the car and landed on his back.  You drove at him again. 

13He managed to get up and jump onto the bonnet again and avoided being injured.  You then braked and he slid off, landing on all fours.  You then reversed out of the driveway and turned around at the end of the court.  As you came driving by John picked up a brick from his garden.  You then drove at him a third time and again he jumped up on the bonnet.  This time he used the brick to break your windscreen.  He slid off the car and you drove off.  He then threw the brick at your car. He was in fear of his life. 

Charge 3, the conduct endangering persons 

14Shortly after, your brother John saw his wife on the ground near the front door and took her inside to care for her.  She was very upset; crying and hysterical.  She explained to him that you had hit her and she held her hands to her throat in a gesture.  Police were called.

15Eventually both were treated at the Northern Hospital, Epping.  John was examined and his examination revealed mild swelling on the medial aspect and left ankle, with mild limitation of movement.  An x-ray of the left knee and ankle showed soft tissue swelling on the left ankle but no fracture. 

16His wife was examined and her examination revealed a tender left shoulder with limited range of movement and tenderness to the left cheek, neck and chest.  Soft tissue injury was diagnosed. 

17You were arrested by police on 13 April 2015.  You answered some questions in the formal interview but declined to comment on the actual allegations.

18Mr Singh, your behaviour on this occasion was outrageous and it has had a deep impact on Ms Murti, who has prepared a Victim Impact Statement that was filed with the court.  In her statement of 14 July 2016, she sets out the profound effect that your behaviour has had on both her and your brother John.  Your brother was asked to make a statement but declined to do so.

19Ms Murti confirms that she suffered both physical and psychological consequences.  She suffered pain and bruising and she now has difficulties coping, she has been suicidal at times and is hyper vigilant at home, particularly when she is alone.  She has had to upgrade the security in her home.  She suffers panic attacks, is fearful, has nightmares and ruminates about what occurred.  She is now taking anti-anxiety medication and she feels unable to forgive you for the hurt and sadness that you have caused. 

20Mr Singh, your crime is serious involving, as it did, damaging the front door, assaulting Ms Murti in the manner described and in the conduct involving yourself and your brother, John.  Your actions were out of all proportion to any perceived hurt that you may have suffered from being upset and angry about hearing your brother's comments about your wife-to-be. 

21In sentencing you there is a real need for the court to emphasise both general specific deterrence, as well as formally denouncing your behaviour. 

22I have had regard to the submissions put on your behalf by Mr Hartnett and the references, together with the psychological report that was tendered from Mr Ian Joblin.

23Mr Hartnett specifically disallowed any reliance on the Verdin’s principles. I have still taken into account, in the general sense, the matters raised in
Mr Joblin's report, to which I will refer shortly. 

24At the outset of the plea hearing Mr Hartnett confirmed that you have made an apology to both victims through your mother.  You now accept your behaviour was quite outrageous.  It was not planned or premeditated but was reactive. 

25It was anticipated on the day following this event that you were to travel to Fiji to marry and your brother John was saying nasty and vicious rumours about your wife-to-be, about some alleged infidelities.  You now understand what you did was wrong and you have taken steps to address the hurt that you have occasioned to both your brother John and his wife, although the relationship between them and you is now at an end.

26You pleaded guilty and it is accepted that the plea was entered at the earliest opportunity.  I accept by your plea you have demonstrated appropriate genuine remorse and you accept full responsibility for your actions.  I noted that you have paid full reparation for the property damage and you accept that what you did on this occasion was wrong. 

27By your plea you have spared the victims the unnecessary inconvenience and trauma of having to come to court and give evidence upon a trial.  There is significant utility in your plea.  You facilitated justice and your sentence will be discounted accordingly. 

28I have had regard to the reference that was provided to the court from your friend, Roland Blan, who has known you for about ten years through your mutual employment at the Ford Motor Company.  You are close friends and he states that you were under considerable personal stress at the time of the offending.  He also states you are upset by the unfounded and malicious rumours that your brother John was circulating about your wife-to-be.

29He says that you have discussed your offending at length with him and not only have you expressed considerable remorse for your actions, also you have informed him about the apology that was given through your mother.  He states that you are otherwise a respected person who has never resorted to violence and he considers that the offending is totally out of character.  He confirms that you now express appropriate regret and shame.  Those sentiments were also reflected in your mother's letter that was addressed to the court. 

30Overall I do accept that your conduct on this occasion was situational rather than premeditated, and given your post offence conduct, including the payment of reparation and the apology offered to both victims, I consider that there are reasonable prospects for your rehabilitation in the future. 

31I note that you support your mother who is in poor health and has chronic disease.  You live with her and another brother, Patrick.  You assist her with her medical appointments and also help with the preparation of meals, grocery shopping and purchasing pharmacy medication.  Your mother stated in her letter that you are very remorseful and sorry for your actions and that you have now learnt to better deal with personal attacks. 

32You enjoy good health, although you have had some problems with depression and anxiety and have been on anti-depressant medication for some years.  You have hypertension.  You are treated by a general practitioner, Dr Das, and you have had some limited psychological counselling in the past. 

33I noted the extensive background history and detail in Mr Joblin's report and I am not repeating that.  You are a person who is a Fijian Indian who came to Australia with your parents and three brothers in 1987.  You have made Australia your home.  You have some limited formal education, having left school partway through Year 11.  You had problems at school of some significance because you are not particularly academic, nor did you play sport.  You were the target of bullying, teasing and abuse.

34Following leaving school you have an excellent work history and I noted your work in the supermarket and at Ford Motor Company.  I note that you are currently working in self-employed capacity and have a business known as “On Call Tipping and Earth Moving Pty Ltd”.  The business is operational and you work long hours doing cartage work and general trucking.  You work alone. 

35You have purchased a home that you are currently renting.  There is no issue of alcohol or drug abuse. 

36I noted Mr Joblin's comments that you presented very well.  He acknowledged that your actions on this occasion were a reaction to the negative comments made by your brother John concerning your marriage to Pratika.  Sadly that marriage has failed and she has been unable to join you here in Australia.

37Having regard to a combination of factors, namely that this was situational, that there was no past history of violent offending, that you have expressed appropriate remorse and now accept the wrongfulness of your actions, Mr Hartnett submitted that in all the circumstances all the sentencing principles could be met through the imposition of a Community Correction Order. 

38The Crown accepted that such an order was within the range, notwithstanding the number of aggravating features to your offending, namely assaulting a woman who was home alone and had her privacy invaded, and also using your motor vehicle to assault your brother. 

39Having regard to your limited prior criminal history, and the positive prospects of rehabilitation, I had you assessed as to your suitability for a Community Correction Order and you have been found to be suitable.  I propose to sentence you to an aggregate sentence, given that these events related to the same course of conduct.  

40In respect to the three charges on the indictment you will be convicted and sentenced to a Community Correction Order of three years' duration, subject to the special conditions that I have already articulated, namely that you undertake 200 hours community work, attend for treatment at rehabilitation in respect to mental health and programs to reduce reoffending as directed.  Also, that you be subject to supervision.

41I have explained to you currently that you must attend the Carlton Community Correction Services at 12 pm today and that in the future, when the Reservoir office reopens, you will be attending there and be supervised by that office. 

42Application was made pursuant to s.464ZF Crimes Act 1958 for the taking of a forensic sample and that was formally opposed.  In the particular circumstances of this case, where your offending was a reaction and situational and can be explained by the context, and where there was no issue as to identification, I do not consider such an order is warranted and I decline to make the order. 

43Those are my reasons for sentence.  I have signed the order.  I now ask that it be signed by the offender. 

44MR BUCCA:  Your Honour, just as a matter of completeness, two minor matters for the purpose of the record.

45HER HONOUR:  Yes.

46MR BUCCA:  One was I was asked by the informant – I think it's Sergeant Gary Pemberton – last week in relation to the passport.  He was unsure whether an order was required.  I'm not here to advise the informant, I guess, but my view was that once the matter is finalised, as at today, there's no basis for him to retain Mr Singh's passport. 

47HER HONOUR:  No.  Was that a condition of his bail?

48MR BUCCA:  Yes it was. 

49HER HONOUR:  If needs be I will formally make an order saying that ‑ ‑ ‑

50MR BUCCA:  I'd appreciate that, Your Honour.  And the second point ‑ ‑ ‑

51HER HONOUR:   ‑ ‑ ‑ Mr Vincent Ashnil Singh's passport can be released.

52MR BUCCA:  Thank you, Your Honour.  The second point relates to Mrs Singh, who was a surety in the sum of $500,000 in relation to bail.  Again, my advice to her was that, the matter being concluded, that's the end of the bail, the end of the surety, but she'd like to hear that from Your Honour.  It would give her some peace of mind.

53HER HONOUR:  I believe with the surety there's a form that has to be completed at Registry.  Are you able to assist me in that regard, Ms Pattison?

54MS PATTISON:  It would sound appropriate and ‑ ‑ ‑

55HER HONOUR:  While Mr Singh is signing his order I'll check. 

56MR BUCCA:  All that was done was a surety was signed and copy of the type that was provided.  My view – my respectful submission, Your Honour, once the order has been made today that surety simply lapses.

57HER HONOUR:  Can you copy that?  That's right.  I think – I'll just look at the Act. 

58MR BUCCA:  I only raise it because Mrs Singh believed that she was still at risk of losing her house, that's all.

59HER HONOUR:  Yes, I understand that.  I understand now that the sentence has been imposed, the surety is released from any further obligation so it should not be an issue.

60MR BUCCA:  It would only apply if he was to breach his bail. 

61HER HONOUR:  That's right. 

62MR BUCCA:  As the bail is now over and done with I can't (indistinct).

63HER HONOUR:  I thought there was a form but it may only be where a cash surety is offered.

64MR BUCCA:  Yes, I think that's the case, Your Honour. 

65HER HONOUR:  Where there's a cash deposit.

66MR BUCCA:  I don't envisage any problems because, as I said, I was asked to raise it by Mrs Singh.  I've done that and I'm indebted to Your Honour for endeavouring to give us an answer, at the very least.

67HER HONOUR:  All right. 

68MR BUCCA:  Thank you, Your Honour.

69HER HONOUR:  I'm pretty sure it's only in the event that it's cash surety but if – can you just check that?  It's not working.  All right, well just as a precaution, when I leave the Bench I'll ask my Associate just to ring the Registry and speak to the Registrar, just to confirm that before you leave.

70MR BUCCA:  If Your Honour pleases.

71HER HONOUR:  So I'll just leave the Bench and that can be done. 

72MR BUCCA:  Thank you, Your Honour.

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