Director of Public Prosecutions v Telerico

[2014] VCC 2201

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

AT LATROBE VALLEY
CRIMINAL JURISDICTION

DIRECTOR OF PUBLIC PROSECUTIONS

v

JARROD TELERICO
ANTHONY TELERICO

---

JUDGE:	HIS HONOUR JUDGE CARMODY
WHERE HELD:	Latrobe Valley
DATE OF HEARING:	8 December 2014
DATE OF SENTENCE:	12 December 2014
CASE MAY BE CITED AS:	DPP v Telerico
MEDIUM NEUTRAL CITATION:	[2014] VCC 2201

REASONS FOR SENTENCE
---

Subject:
Catchwords:
Legislation Cited:
Cases Cited:
Sentence:

---

APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr D. Cordy
For Accused J. Telerico	Mr B. Lindner
For Accused  A. Telerico	Mr B. Lindner

HIS HONOUR: 

1Jarrod Telerico, you appeared at this court on 8 December 2014 and pleaded guilty to charges on three different indictments.  On indictment C1409464 you pleaded guilty to one charge of recklessly cause serious injury to Loren “Billy” Farmer.  This charge has a maximum penalty of 15 years' imprisonment.

2On indictment number E12846376 you pleaded guilty to one charge of threat to kill your de facto, Rebecca Crozier.  This charge has a maximum penalty of ten years' imprisonment. 

3On indictment number E11913051 you pleaded guilty to one charge of recklessly cause injury to your de facto, Rebecca Crozier. You also pleaded guilty to a summary charge, number five, which was wilful damage to property.  The maximum penalty for this charge is six months' imprisonment.

4I will turn to the circumstances of your offending in respect of the indictments.  First of all the first indictment.  You are a co-offender with your half-brother, Anthony Telerico.  Anthony was 25 years old and you are 33 years old.  Your joint victim was a 73 year old man, Loren “Billy” Farmer.

5The prosecution opening was Exhibit A on the plea.  It sets out the offending as follows.  On Wednesday 6 November 2013 at approximately 7.45 pm Mr Farmer was walking his dog along Junier Street, Morwell.  As he walked past your premises, Mr Telerico, at 50 Junier Street, Morwell, Mr Farmer's dog put his head through the fence.

6Your dog grabbed hold and locked its jaw onto the head of Mr Farmer’s dog.  Mr Farmer tried unsuccessfully to get the attacking dog to let go, first by hitting it with his fist and then with the dog lead.  Neighbours also attempted to assist with a broom, to no effect.  Mr Farmer has then hit the attacking dog with a closed pocket knife that he had had in his possession.  He then resorted to stabbing the attacking dog with a six inch blade of the knife in an attempt to make the dog let go of his dog.

7Mr Farmer stabbed the attacking dog in the neck and the torso approximately 14 times.  A neighbour had thrown two buckets of water on the dogs in an attempt to separate them, but without success.  Jarrod Telerico and your girlfriend, Rebecca Crozier, as well as Jarrod Telerico's children, Xander aged three, Milla aged four, and stepchildren, Jada aged eleven and Kayla aged 15 were all home at that time.

8Hearing the dogs fight you, Jarrod, has come out of the house and observed the victim stabbing your dog.  You have grabbed your dog and pulled him away from Mr Farmer's dog saying to him, "Did you stab my dog?" to which the complainant replied, "Yes, it was going to kill my dog."

9You have then told Crozier, who had walked out of the house, to call the police.  You have then told the complainant not to go anywhere, but the complainant, Mr Farmer, began to walk away.  By this stage your stepdaughter, Kayla, was out the front of the house.

10As Mr Farmer walked up Junier Street, Morwell, you, Mr Jarrod Telerico, followed him.  Your girlfriend, Rebecca Crozier, had meanwhile called Anthony Telerico and informed him that your dog had been stabbed.  Anthony Telerico said he was coming down.  At this time he was nearby in Wells Street, Morwell, with a co-offender by the name of Phillip Mifsud.

11They drove to Junier Street soon after.  Anthony Telerico and Phillip Mifsud saw you, Mr Telerico, following Mr Farmer along Junier Street.  Anthony Telerico and Mifsud have left their vehicle and crossed the street.  You, Jarrod Telerico, have stormed up behind Mr Farmer who was unaware of your presence and you have punched him in the face with a closed fist knocking him rotten.

12The victim has immediately fallen to the ground.  Witness Kach says that after the initial punch all three of you offenders started kicking into the victim, Mr Farmer.  Witness Delost says that all of them were involved in it.  Witness Vandersloot described the assault on the victim as like "kicking a bag of potatoes".

13Witness Kennedy James also observed the three offenders assaulting the complainant and he has yelled out to you, "Don't kill the man."  The offenders have left the victim on the ground unable to stand.  Anthony Telerico and Mifsud have left in Mifsud's vehicle and you, Jarrod Telerico, have left on foot. You have all gone back to your home in Junier Street.

14Neighbours and witnesses provided assistance to Mr Farmer until an ambulance arrived.  Mr Farmer was conveyed by ambulance to the La Trobe Regional Hospital and later transferred to Dandenong Hospital for specialist treatment for his injuries.  As a result of the assault Mr Farmer received the following injuries:

·severe multiple facial bone fractures

·broken nose

·split lip

·tooth damage

·black eyes

·bruising to his hands, back, lower body and rib bone

15The injuries to his face required plates and screws to be inserted to repair the facial fractures.  He continues to suffer from loss of feeling in his face and loss of taste and ongoing symptoms requiring further treatment.

16On 7 November 2013 you were interviewed by police.  You made no admissions.  At committal hearing you took no part in the proceeding except to enter your plea of guilty prior to the committal.  You have served a total of 181 days prior to your plea hearing as pre-sentence detention on these charges.  You are entitled to a discount for your early plea of guilty.

17I will now deal with the victim impact statement from Mr Farmer.  He filed a victim impact statement in this case and it is Exhibit B on the plea.  Mr Farmer set out fully his physical injuries he received at your hands and those of your co-accused.  I have just listed them earlier on.  He sets them out in detail.

18No doubt the impact of your assault will be with Mr Farmer for the rest of his life.  I note for the sake of completeness that Mr Farmer was charged in respect of having a prohibited weapon, the pocket knife, and was placed on a diversion order.  You and your co-accused stepped in and took the law into your own hands on this occasion.

19The context of this offending was put as being an injury to your dog, Tyson.  The screaming and emotional response to the stabbing of your dog by your children setting off a chain of events ending in this vicious assault by you and your co-accused.  All that needed to happen was that you had to wait for the police to arrive and direct them to where Mr Farmer went and let the investigation take its course.

20You elected to exercise your own revenge on Mr Farmer.  This context does not lessen your moral culpability for this offence.  I have to determine the seriousness of this particular instance of recklessly cause injury to Mr Farmer.  I have to consider (a) the degree of probability that serious injury will result and (b) the seriousness of the probable injury foreseen.

21The probability that serious injury would result from the assault was relatively high.  You are young, fit and trained in the martial art of Taekwondo.  You have struck and kicked Mr Farmer after he has fallen to the ground.  You have kicked Mr Farmer while your co-accused were doing the same.

22The probability of serious injury was relatively high.  The blows were struck to the head and body area of Mr Farmer.  The attack was sustained in company or in combination with other assailants and to an old man of 73 years of age.  The repeated blows to the head by the fist or foot would undoubtedly make the seriousness of the injuries to Mr Farmer more than foreseeable on any person, assailant or witness.

23Indeed one of the witnesses pleaded with you, "Don't kill the man."  The aggravating features of this assault are there were three young men assaulting a very old man.  The assaulting was by punching but also by kicking the victim once he had been felled and was defenceless.  The blows were directed to the victim's head area mostly.

24The assault was sustained and continued even after bystanders were calling for you to stop.  I was told you were under the influence of “ice” at the time.  This is not an excuse or an explanation for your behaviour.  It does not lessen your moral culpability for this offending.

25I now turn to the second indictment, threat to kill.  You pleaded to one charge of threat to kill.  You have been in a relationship with Rebecca Crozier for seven to eight years.  You have two children together, Milla, aged five, and Xander, aged two.  The victim of your threat to kill charge is Rebecca Crozier.

26On 19 May 2014 you were at the victim's home in Morwell when you became verbally abusive towards her.  You then called the victim a mutt, a dog and a cunt.  As a result the victim has gathered her children and left the house, later sending you a text message telling you that you were not allowed to stay in her home anymore due to your aggressive behaviour.

27On 21 May 2014 at 7 am you began sending texts to the victim begging to be allowed back in the house.  Crozier refused.  Throughout the day the texts became more aggressive and threatening.  I am going to go through part of this so that the full context of it is understood.

28This is texting from you, "Fuck you, fuck you, dog.  Any of my stuff goes missing you're fucked, cunt.  You'll never change, just fuck off I don't need you, cunt.  You are a piece of shit.  You can't even help me and I'm not good.  Just leave me to die, okay.  I'm all over this.  Goodbye.  Would I hate you?  Call me please.  I'm alone.  Just call. Too hard to call.  Why do I bother, no shit?  Anthony wants his money." 

29She responds, "I told you and I can't do loan until two tomorrow, and you got more than you were meant to get.  So it is not up to me and you have to buy a new computer."  You responded, "You are paying for it, Bec, the end."

30She responds, "Whatever.  I still pay for you to do shit and get what you want and you'll be paying for the damage you did here."  You then responded, "No simple, you done it, Bec.  You shouldn't have left me with the kids and done it to me again."  She then responds, "Fuck off, you shouldn't smash shit up.  Don't message again."

31You have then responded, "You'll pay for it and I'll get it off you, okay?  You're the one who does the run and I'm supposed to be okay.  Again fucking pull up.  Thanks, Bec, no shit I need you and the kids.  I'm ending all this.  Goodbye."  She responds, "Why 1800, mum, dad, me, when you had credit to message him this morning?  I'm sorry, Jarrod, but I can't help anymore.  You showed me that angry person again the other day.  You can't handle the kids.  Try detox at the hospital again.  Don't you ever scream abuse at me again."

32You respond, "I am coming to see my kids, Becso.  Let me come outside, okay, no trouble."  She has responded, "Don't, Jarrod."  You have responded, "Bad luck.  I asked you to come past and you didn't so I will come past, okay?"  She responds, "Fuck, I'm not having this shit.  I'll call the cops.  I told you to go through someone else to see the kids."

33You respond, "Look, cunt, involve the cops again and I'll kill you.  I've had your fucking games.  I'm coming to see my kids, okay?  Dog, you don't run my life anymore.  You're a sick, fucking self-inflicted rape episode.  Me, poor me, my ass, you're a filthy slut, always were.  I'm seeing my kids, Bec.  That's it."  She responds, "Already have."

34When Constables Curran and Wood, arrived at Ms Crozier's address at approximately 3.30 pm, the texts were still continuing.  Your final text was, "Oh well, better get there before I do, hey, cunt.  You've done it again.  You're the lowest piece of shit on earth, mate.  Your day will come you fucking crack whore.  You wait.  I'll wait as long as it takes, okay, you slimy fucking lagging.  You are not a mother's arse.  Get my kids brought past or you're fucked, okay?"

35On that day you sent 18 text messages to Ms Crozier.  When you became aware that the police were looking for you you presented yourself at the Morwell Police Station to be interviewed on 21 May 2014.  The learned prosecutor read sections of your interview into the record at your plea.

36A summary of what you said to police was that you had split up with Rebecca Crozier a couple of weeks prior.  You stated you "say shit to each other all the time" and that you "say shit that you don't mean".  In the range of threat to kill charges this is at the lowest end of that offending.

37The context of this threat is that you and your ex-partner engaged in what could be termed "trash talking" all the time and this threat to kill was in such conversations. I have to sentence you as a serious violent offender for this offence as it is your second conviction for a threat to kill charge. Section 6D and 6E and 6F of the Sentencing Act apply.

38The Crown have not sought a disproportionate sentence for this offence.  Whilst you are deemed a serious violent offender for this charge I am ordering total concurrency for the sentence I impose on you for it.  The reasons for total concurrency of sentence in this charge are the very low level of the offence, the lack of any physical proximity when the threat is made, the fact that this type of talking transpired between you and Ms Crozier regularly, the fear that Ms Crozier had complained about to the police on 21 May 2014 had completely disappeared by 8 June 2014 because you were back living together again.

39Unfortunately this led to the offending in the third indictment.  I now turn to the third indictment.  This is a charge of recklessly cause injury.  The third indictment has a charge of recklessly cause injury to Rebecca Crozier.  You also pleaded guilty to a summary charge of wilful damage to property.  The victim of your assault in this indictment was your partner of seven to eight years and the mother of your two young children.

40After the threat to kill event you have returned to the family home.  On 8 June 2014 Crozier was at her home address when an argument occurred with you in the presence of the four children.  Sometime later Ms Crozier, yourself and the four children were travelling in a car to a friend's house.  Another argument erupted with you telling Ms Crozier to exit the car.

41Ms Crozier has grabbed her children and exited the car before you have followed her and head butted her, causing her pain.  You then pulled Ms Crozier's hair and dragged her back towards the car whilst also punching her a number of times.  This incident occurred in front of the four children.

42You then started to walk away.  Ms Crozier and the children returned to the car and drove away to a family member's home for assistance.  As a result of her injuries Ms Crozier sustained bruising and swelling to her face and soreness to her body from the punches.  That is the charge of recklessly cause injury.

43On 10 June 2014 you returned to the family home to obtain your belongings.  You could not gain entry to the property.  Whilst banging on a window it broke.  You gained entry and retrieved your belongings.  The damaged window cost $150 to repair.  You were arrested, made partial admissions, and have been in custody since that time.  The relationship with Rebecca Crozier is now finished and she is in a new relationship.

44Ms Crozier was given the opportunity to make a victim impact statement and elected not to do so.  The offence of assault constituted by head butting, punching and pulling her hair of your partner is serious offending.  You and she are fortunate that the injuries to Ms Crozier were not more serious.

45The fact that you executed the assault in front of your children is an aggravating feature.  You have committed this offence in the context of being on bail for the other violent offending.  This offence calls for imprisonment.

46I now turn to your personal circumstances.  You are 33 years old.  You have been raised by your mother and stepfather.  You have one younger sister and a half brother, Anthony, who is your co-accused in the first indictment.  You do not have a relationship with your biological father who left your mother when you were just three years old.

47You described to Ms Cunningham, psychologist, in Exhibit JT2, that your parents were strict and you got into a lot of trouble at home.  You report that you constantly sought approval from your parents.  It was not forthcoming.  You were a gifted athlete, previously an Australian champion at Taekwondo and playing soccer for the Victorian Soccer Team in your younger days.

48You attended Lydiard Road Primary School and then Traralgon Secondary College up to part way through Year 11.  At age 15 you left home and went to Melbourne to train as a chef.  You have completed your training and are a fully qualified chef.  In the course of your apprenticeship you were working very long hours, sometimes as many as 80 a week.

49You were introduced to drugs at this time by fellow workers in the kitchen, initially cannabis, followed by ecstasy and amphetamines.  By age 18 you were using methylamphetamine or “ice”, as it is known.  Your “ice” use continued to the time of your offending.  You have also had issues with alcohol abuse.  In 2013 you recognised you had a drug problem which needed treatment.

50Between 19 August 2013 and 25 October 2013 you attended a full-time live in drug rehabilitation premises known as Foundation 61, which is in the Bellarine area.  There was a letter from that organisation, Exhibit JT1, which confirms your treatment.  You left that place after your court appearance in Geelong Magistrates' Court on 24 October 2013 where you were charged and dealt with for arson.

51Within days you had relapsed to using “ice” and the offence in Indictment 1 occurred on 6 November 2013.  Dr Cunningham in his report, Exhibit JT2, has diagnosed you as suffering from major depressive disorder and generalised anxiety disorder.  You are prescribed Effexor and Olanzapine.  He assess you as being of average intelligence.

52Dr Cunningham's opinion is that your rehabilitation would be enhanced by psychological intervention.  It was not submitted on your behalf that the Verdins principle applied in your case.  You have now been in custody on these matters for a total of 185 days pre-sentence detention.  You are currently working as a cook in the prison.

53You have only seen your children once since you have been in custody.  You have an extensive criminal history commencing in December 2006.  On that occasion you were before the La Trobe Magistrates' Court for intentionally cause injury and fined $1250 without conviction.  On 6 May 2009 you were again before La Trobe Magistrates' Court on a charge of intentionally cause injury, threat to kill, recklessly cause injury, assault with a weapon and other charges where you were convicted and given a 12 month wholly suspended sentence.

54On 16 November 2009 you were again at La Trobe Magistrates' Court on a charge of affray.  You were convicted and placed on a six months' community based order.  On 8 July 2010 you were breached for your suspended sentence from 6 May 2009 and re-sentenced to six months' imprisonment.  On 24 August 2010 you were breached for your CBO order made on 16 November 2009 and fined.

55On 24 October 2013, your last court appearance prior to this series of offences, you were convicted of arson and sentenced to eight months' imprisonment, wholly suspended for two years.  Each of the charges on these three indictments breached that suspended sentence of eight months.  You have other prior convictions not directly related to this type of offending.

56I now turn to sentencing considerations.  The first consideration I take into account is that you have pleaded guilty to the charges on the indictments.  The plea of guilty was made at an early stage.  Your plea of guilty has utilitarian value of allowing the orderly and effective administration of justice.  It gives a certainty of outcome and a resolution of the substantive issues raised by your offending.

57Your plea also allows for the preservation of the court and police resources to deal with other matters and your plea vindicates the public confidence in the legal process set up to protect the community.  A plea of guilty to these charges indicates and demonstrates your remorse for the offending.  Your plea is clear acknowledgement by you that you actually accept responsibility for your criminal behaviour in these offences.

58Your plea also recognises you are willing to facilitate the course of justice in the community.  By your plea you have relieved Mr Farmer from giving evidence against you in a trial.  The basic purpose for which a court may impose a sentence of imprisonment are just punishment, deterrence, both specific and general, rehabilitation, denunciation of your actions and the protection of the community.

59In sentencing you I must have regard to a range of factors such as the seriousness of your offending, your culpability for it and your personal circumstances.  I am required to balance the interests of the community in denouncing your criminal conduct, and secondly to ensure that as far as possible you as an offender are rehabilitated and reintegrated into society.

60In your particular case general deterrence in respect of the offences against Mr Famer and your ex-partner, Ms Crozier, is a significant factor in sentencing you.  The community has to know that if there is street violence, particularly involving group attacks or violent offending against a domestic partner then imprisonment is the result.

61In your case specific deterrence also has significance because of your prior convictions for violence, causing injury to others and making threats to kill.  Despite receiving fines, suspended sentences, community based orders and ultimately imprisonment you have offended again on these three separate occasions.

62Further you have offended whilst being on the suspended sentence.  This is an aggravating feature of the offending.  You have some prospects for rehabilitation.  Your rehabilitation is directly related to your ability to get over your drug addiction and get it under control and also to access some psychological assistance upon your release to assist you in dealing with your anger responses.

63You have the advantage of being a fully qualified chef.  In the past you have shown the self-discipline to become a successful athlete in martial arts and in soccer.  Whilst your prospect of rehabilitation is guarded there is hope as your counsel, Mr Lindner, put it.  Mr Lindner conceded that imprisonment was the only disposition open to the court, but urged some concurrency in the different sentences and a significant non-parole period by taking into account the principles of totality when accumulating and fixing a non-parole period.

64I now turn to you, Anthony Telerico, and I will sentence you both at the same time.  Anthony Telerico, you have pleaded guilty to one charge of recklessly cause injury to Loren Farmer on 6 November 2013.  Your plea was given on 8 December 2014 in this court.  This offence has a maximum penalty of 15 years imprisonment.  You also admitted your prior criminal history and I will address that matter later in these reasons for sentence.

65You appeared in court as a co-accused to your half-brother, Jarrod Telerico, for this charge.  I have dealt with the full context of Jarrod Telerico's offending in his sentence.  I now turn to the offending as far as you are concerned.

66The background to your involvement in this offence is that Jarrod's dog and Mr Farmer's dog were involved in a dog fight at Jarrod's premises in Junier Street, Morwell, on 6 November 2013.  Mr Farmer had used a pocket knife to stab Jarrod's dog in an attempt to stop the attack on his own dog.  You did not witness any of these events.

67You were contacted by telephone by Rebecca Crozier, who at that time was Jarrod's de facto.  She told you that Jarrod's dog had been stabbed.  You were nearby in Wells Street, Morwell, and travelled with your friend, Phillip Mifsud, to Junier Street shortly after the phone call from Ms Crozier.

68You and Mifsud saw your brother, Jarrod Telerico, following Mr Farmer along Junier Street.  You and Mifsud have then left your vehicle and crossed the road at Junier Street.  You have then seen your brother storm up behind Farmer who was unaware of his presence and punched him in the face with a closed fist and knocked him rotten.

69The victim has ultimately fallen to the ground.  You have then kicked into Mr Farmer.  You have also on your own admission punched him.  I will not repeat all of the items that I have read out in respect to your own brother, but they are applicable to you from the Crown opening.

70You were arrested that day at Jarrod Telerico's place and conveyed to Morwell Station.  A DVD recorded record of interview was conducted with you.  You made full admissions to assaulting the victim at that time.  You claimed to have been the first person to strike the victim, Mr Farmer, when it became apparent through later evidence that it was in fact Jarrod Telerico who first assaulted Mr Farmer.

71In your record of interview conducted on 6 November 2013 you say in answer to question 49, "Yeah, I hit him and as he dropped I hit him again with the left."  You later said in answer to questions 92 and 94 that the effect of your first punch was for Mr Farmer to fall onto the fence and in your own words "he was fucked".  At the time of the record of interview your reason for hitting Mr Farmer was that he had a knife in his hand.  You denied kicking Farmer at the time of the record of interview.

72I find that your brother, Jarrod, instigated the assault by hitting Mr Farmer and that you joined in by hitting a 73 year old man.  Then when he was down you had joined in with the kicking of him.  It was cowardly and savage.  In the proceeding and investigation you made admissions to police at the record of interview stage.

73You had a contested committal hearing where witnesses, including the victim, were cross-examined.  You pleaded guilty to this offence after committal was completed.  You have maintained that plea of guilty in this court.  You have been in custody for four days since the date of the plea.

74There was a victim impact statement which is Exhibit B in this proceeding filed by Mr Farmer.  As I say he was a 73 year old man at the time of the offending.  I will repeat the injuries in your sentence.  He set out the injuries.  There were multiple facial fractures to his cheekbones, his eye sockets and nasal bones.  It took a four hour operation to insert plates and screws to his facial fractures to rectify the damage caused by your offending and that of your co-accused.

75There was bruising to his upper body.  He was unable to eat solid foods for some six months.  He still has trouble sleeping.  He has ongoing discomfort in his face due to the plates still in there.  He has fear and anxiety about the attack.

76As you have heard from the prosecutor in this proceeding Mr Farmer was charged in respect of having the pocket knife and placed on a diversion order.  There was never any need for you to join in with your stepbrother in this attack on Mr Farmer.  The law is to be respected by all people in the community, including you and Mr Farmer.

77You came to the scene in Junier Street, Morwell, on the information you received in a phone call from Rebecca Crozier.  The dog was not your dog, but you were determined to join your stepbrother to hand out some retribution to Mr Farmer.

78I turn to your personal circumstances.  You are 25 years old.  At the time of the offending you had just turned 24.  A week prior to the offending you had become a father for the first time.  You were unemployed and were so at the time of the offences.  Your father prepared a letter which was Exhibit AT3 on the plea.

79It sets out an opportunity of employment with him for repairing cars.  You own the house you live in and you live alone.  It was submitted that you suffer from schizophrenia and are under the care of Dr Adey, psychiatrist, and a general practitioner.  You are prescribed Pristiq 200 mg and Zyprexa 10 mg per day.

80

There was no report from either of your treating doctors tendered on the plea.  In relation to the other offending that you have been under a court integrated services program since this offence, there were two KISS reports dated

24 October 2014 and 23 September 2014.  They are Exhibit AT2.

81Those reports confirm that you are under the treatment of Dr Adey and that the prescription for medications are by him.  The thrust of the KISS reports was that you had difficulty managing your mental health, anger and aggression, but there was no medical report, as I say, from a psychiatrist or a psychologist linking your offending to your mental health diagnosis.

82It was submitted on your behalf that you had strong family support.  Indeed your parents were in court on the day of your plea and they are here again today.  You have prior criminal proceedings dating back to 2008 in the La Trobe Children's Court.  On 29 February 2008 you were placed on probation without conviction for a charge of recklessly cause injury and assault in company charges.

83

You subsequently had four court appearances relating to criminal damage, driving charges, throwing missiles, threatening words and resisting police.  Each of these matters were dealt with by financial penalty.  You have subsequently been convicted at the La Trobe Magistrates' Court on

27 October 2014 for recklessly cause injury, intentionally cause injury and given a six month suspended sentence, wholly suspended for 18 months.  That was Exhibit AT4.

84These offences occurred in the weeks before the offending in this case.  This is why you were actually on the KISS program.  Whilst they are not prior convictions in the strict sense of treating them in that manner, they are prior events and go to your chances of rehabilitation.  Your criminal record is not extensive, but some of your offending in the past clearly shows you have propensity to violence.

85I turn to sentencing considerations.  As I say, the first consideration I take into account is that you have pleaded guilty to the charge on the indictment.  The plea of guilty was made after some negotiations with the prosecution and after the committal.  Your plea of guilty has the utilitarian value of allowing orderly and effective administration of justice.

86It gives a certainty of outcome in your case and a resolution of the substantive issues raised by your offending.  Your plea allows for the preservation of court and police resources to deal with other matters and your plea vindicates the public confidence in the legal process set up to protect the community.

87A plea of guilty to these charges indicates and demonstrates some remorse on your behalf for this offending.  Your plea is clear acknowledgement that you accept your responsibility for the criminal behaviour in this case.  Your plea also recognises you are willing to facilitate the course of justice in the community.

88Further Mr Farmer has not had to give evidence for a second time.  The basic purpose for which a court may impose a sentence of imprisonment or just punishment, deterrence, both specific and general, rehabilitation, denunciation of your actions and the protection of the community.  In sentencing you I must have regard to a range of factors such as the seriousness of your offence, your culpability for it and your personal circumstances.

89I am required to balance the interests of the community in denouncing your criminal conduct and secondly to ensure that as far as possible you as an offender are rehabilitated and reintegrated into society. 

90On your behalf Ms McFarlane submitted that the Verdins principles apply in your case.  It was submitted that due to your schizophrenia your moral culpability for the offending should be reduced.  There was no evidence that you were affected by a psychotic episode at the time of your offending. There was no medical evidence to support that proposition.  You have been referred to Dr Adey well after these offences.  Your answers in the record of interview immediately after the offence are rational and brutally frank. 

91It was also submitted your mental health conditions may have a bearing on the type of sentence to be imposed on you. Again there is no medical report that properly assesses your mental health condition, either at the time of the offending or at the time of this sentence.  I have no doubt a term of imprisonment is more difficult for people with mental health issues than those without them.  Ms McFarlane also relied on principle three and six of Verdins' case.

92I will repeat, there was no evidence to support the causal link between the offending and your mental health diagnosis.  Further there is no evidence beyond the prescription of Pristiq and Zyprexa which seem to be controlling your symptoms.

93The more significant issues are you are young and this term of imprisonment will be your first time in custody.  You have a more limited criminal history than your stepbrother, co-accused, and this fact separates you from him in respect of the parity of sentence between the two of you.  The principle of parity usually requires the same sentence for the same offending.

94Ms McFarlane submitted that the appropriate disposition was a community corrections order.  The objective seriousness of this instance of recklessly cause serious injury to Mr Farmer dictates that the only appropriate penalty is imprisonment.

95I have to consider the degree of probability that serious injury will result.  On your own admissions you split your own hand when you hit Mr Farmer and you described him as being "fucked" when you did it.  You then set about kicking an old man whilst he was incapacitated and defenceless on the ground.  There were three, fit, young men involved in the attack on the elderly man.

96The seriousness of the probable injuries to Mr Farmer would have easily been foreseen by anyone, you included.  The principles of general and specific deterrence require a sentence of imprisonment in this case.  Denunciation of your behaviour and just punishment require a term of imprisonment.

97Your rehabilitation is an issue that is best enhanced by you continuing to seek assistance for your mental health issues upon your release and whilst in custody.  Whilst on parole you will be assisted in addressing that issue.  I will ask you to both stand please.

98Jarrod Telerico, in respect of indictment number C1409464, on Charge 1 you are convicted and sentence to two and a half years' imprisonment. On indictment number E12846376, on Charge 1 you are convicted and sentenced to six months' imprisonment. I order that this sentence be served concurrently with all other State sentences. I order that in respect of this charge you have been sentenced as a serious violent offender pursuant to s.6F of the Sentencing Act.

99On indictment number E11913051, on Charge 1 you are convicted and sentenced to one year imprisonment.  On summary Charge 5 you are convicted and sentenced to one month imprisonment.  I order that six months of the sentence in indictment number E11913051 be served cumulatively on the sentence with indictment number C1409464.  That is a total effective sentence of three years' imprisonment.

100I fix a non-parole period of two years' imprisonment.  In respect of the whole of the offending but for your plea of guilty s.6AAA I would have given you a sentence of five years with a three and a half year non-parole period.  I declare that you have served 185 days pre-sentence detention and I order that a forensic sample order which is that the authorities have the power to take a forensic sample, that is a buccal swab, from inside your mouth and to use reasonable force to do so.  Do you understand that last part?  Thank you.

101Anthony Telerico, on indictment number C1409464, on Charge 1 you are convicted and sentenced to two years' imprisonment.  The total effective sentence is two years' imprisonment.  I fix a non-parole period of 15 months' imprisonment and I declare that you have served four days pre-sentence detention.

102I also make a 464ZF order, which is that authorities can take a buccal swab in order to obtain a forensic sample and they can use reasonable force to do so.  Do you understand that?  Pursuant to s.6AAA, that is if you had not pleaded guilty, I would have sentenced you to three and a half years' imprisonment with a two and a half year non-parole period.  I will sign those forensic sample orders.

‑ ‑ ‑