Director of Public Prosecutions v Stewart

[2014] VCC 1530

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR-13-00115

DIRECTOR OF PUBLIC PROSECUTIONS

v

JOHNATHON STEWART

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JUDGE:	HIS HONOUR JUDGE DEAN
WHERE HELD:	Melbourne
DATE OF HEARING:	10 September 2014
DATE OF SENTENCE:	10 September 2014
CASE MAY BE CITED AS:	DPP v Stewart
MEDIUM NEUTRAL CITATION:	[2014] VCC 1530

REASONS FOR SENTENCE
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APPEARANCES:	Counsel	Solicitors
For the Accused	Mr M. Kowalski	Koutsantoni & Associates
For the Director of Public Prosecutions	Mr P. Jones	O.P.P.

HIS HONOUR:

1Johnathon Hayden Stewart, you have pleaded guilty to one charge of aggravated burglary contrary to s.77(1) of the Crimes Act 1958. The maximum penalty for that offence is 25 years' imprisonment.

2You have also pleaded guilty to one charge of recklessly causing injury contrary to s.18 of the Crimes Act 1958. The maximum penalty for that offence is five years' imprisonment.

3You pleaded guilty following negotiations to resolve this matter after a committal proceeding was conducted.  Accordingly, your plea may not be characterised as an early plea, but nevertheless it does have considerable utilitarian value and I accept that it does evidence remorse, to some degree, in your case.

4Accordingly, I have taken your plea of guilty into account in your favour in mitigation of sentence.  Furthermore, I accept that your plea, to some degree, evidences the fact that you understand now how serious your offending on the occasion in question was.

5You have admitted two prior court appearances for serious driving offences, the last of which was in 2009, but these prior court appearances are of little relevance for sentencing in this case.  There are no subsequent convictions and no outstanding charges in your case.

6A summary of prosecution opening was read to the court and tendered in evidence, and your offending may be summarised as follows.

7In the early hours of 23 June 2012 you attended at your then ex-girlfriend's home, Jasmine Berry, in Eaglehawk.  In all probability you went there to see if the victim of your offending, Jamie Meade, was present.  At that time Meade was either in a relationship with Ms Berry or in the throes of separating from her.

8After arriving at the premises you became aware that Meade was in fact there and you then armed yourself with a cricket bat.  You entered the premises and assaulted Meade with the cricket bat whilst he was under the shower.  You also threatened to kill him and you punched him in the face.  Meade suffered bruising and swelling to his face and body.  A passer-by heard the incident and notified 000 who dispatched police and an ambulance to the premises.  Meade was conveyed to the Bendigo Hospital where he was treated for his injuries.  You were arrested the following day by investigating police and made no comment to questions put to you regarding your offending.

9It is clear that your offending may properly be described as serious.  Your forced entry into Ms Berry's home, and assault on Mr Meade, was driven by jealously and possessiveness.  You responded to the difficulties in your relationship with Ms Berry by resorting to serious violence and such conduct must be denounced by this court.

10The sentence I impose must be calculated to deter you, and others, from offending in this way, and you must be punished for what you have done.  Violence of this nature is all too prevalent in our community and the courts must unequivocally state that it is not warranted under any circumstances.

11I have received in evidence a victim impact statement of Jamie Meade and I accept that your offending has had a deeply traumatic effect upon him. 

12I now turn to your personal circumstances.

13You were born on 29 January 1983 and you are now aged 31.  Two months after this offending occurred you reconciled with Ms Berry and you two now have one child, aged one year.  Ms Berry is also 27 weeks pregnant with your second child.

14You have a good educational history and completed Year 12 at school.  You come from a stable family background and you have a good work history.  You are currently managing a poultry business and earning $55,000 per annum.  You own a home in Maiden Gully valued at approximately $250,000, subject to a mortgage of approximately $230,000.  Your mortgage repayments are $1300 per month and you provide support to Ms Berry in relation to your child, and you propose to support your second child with her.  Following the resolution of these proceedings you expect to reside with Ms Berry and your children.

15Despite your relatively stable background in my opinion you have poor insight into your offending and do not appreciate the seriousness of what you did.  Your explanation to the court as to why you attended at Ms Berry's house at this time cannot be accepted, and as I have already observed in my opinion your offending was motivated by jealously and possessiveness.

16Any prospects of your rehabilitation are therefore dependent upon you receiving appropriate counselling and treatment for anger management issues.  You have made no apology to Mr Meade for your inexcusable assault upon him despite the fact that you two have known each other for 16 years.

17There are no current drug or alcohol issues in your case that require treatment or intervention.

18Offending of this nature, as I have said, is serious, and ordinarily it would warrant the imposition of a gaol term, however during the course of the plea in mitigation I indicated that in my opinion imprisonment was not the only appropriate proportionate sentence available to me and I had you assessed for suitability for a Community Corrections Order.

19That assessment has been provided to the court and discloses that you are suitable for such a disposition, and after having given the circumstances of this case anxious consideration, having regard to its seriousness, I am satisfied that the purposes for which this sentence is to be imposed will be met by the imposition of a Community Corrections Order.  Do you consent to entering into such an order Mr Stewart?

20OFFENDER:  Yes Your Honour.

21HIS HONOUR:  In the result the sentence of the court is as follows.  On the two charges before the court of aggravated burglary and recklessly causing injury you are convicted and sentenced to a Community Corrections Order for a period of 18 months on the usual core conditions that will be explained to you.

22I further order that you perform 100 hours of unpaid community work during the period of the order.

23I further order that you be under the supervision of a Community Corrections Officer for the period of the order.

24I further order that you undergo mental health assessment and treatment as directed, and I further order that you undertake a program as directed for anger management.  Yes you can stand forward and sign that order please Mr Stewart.

25Yes I'll sign that order.  I've made the Disposal Order sought by the prosecution in relation to a broken cricket bat and an empty beer stubbie.  I take it you don't oppose to the making of that order Mr Kowalski?

26MR KOWALSKI:  No Your Honour.

27HIS HONOUR:  Yes, thank you.  Are there any further orders required?

28MR JONES:  No Your Honour.

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