Director of Public Prosecutions v Wright

[2019] VCC 722

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR 19-00055

DIRECTOR OF PUBLIC PROSECUTIONS

v

BROOKE WRIGHT

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JUDGE:	HER HONOUR JUDGE GAYNOR
WHERE HELD:	Melbourne
DATE OF HEARING:
DATE OF SENTENCE:	22 May 2019
CASE MAY BE CITED AS:	DPP v WRIGHT
MEDIUM NEUTRAL CITATION:	[2019] VCC 722

REASONS FOR SENTENCE
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Subject:
Catchwords:
Legislation Cited:
Cases Cited:
Sentence:

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APPEARANCES:	Counsel	Solicitors
For the Office of Public Prosecutions	Mr A. J. Moore
For the Accused	Ms H. Bate

HER HONOUR:

1Brooke Wright, you have pleaded guilty before me to one charge of aggravated burglary and one charge of common assault.  The facts underlying your offending are as follows.  At the time of this offending, you were fifteen weeks pregnant.  You were informed that your partner, to whom you were pregnant with your second child, was having an affair with the victim in this matter,
Chloe King.  Ms King has a toddler cared for by her mother at a separate address to where she resided. 

2On 2 June 2018, you and King exchanged a series of Facebook messages in which in fairly graphic terms you expressed your animosity towards her and abused her.  She responded and essentially in the end invited you to come over to her house to talk the situation out.  At about 12.10 am, which was in the early hours of the next morning, you went to Ms King's house at 81 Goldsworthy Road in Corio and spoke to her about the relationship with your partner.

3During that conversation, I was informed by your counsel, you were told by
Ms King that the relationship had been ongoing for some time and had resulted in a pregnancy which had been terminated.  Thereafter, you left the address.  On leaving you thanked Ms King for the conversation.  Again, according to your counsel, this conversation confirmed fears that you had had for some time in relation to your partner who had in the past been unfaithful, but you had suspected there was some sort or relationship going on between him and
Ms King.  You then returned home.  At about 3.30pm the next afternoon, you went to the home of your co-accused, Sarah Ford.  You suspected that Ms King was also having a relationship with Ms Ford's then de facto partner. 

4You picked up Ms Ford, you having stated to her that the two of you should re-attend at Ms King's premises so Ms Ford could discuss the suspicions she was having that Ms King was also having a relationship with her current de facto partner.  The two of you arrived at about 3.50 pm.  Ms Ford intended to speak with Ms King, but you were angry at some of the matters in the conversation you had had with her during your last visit and were considering assaulting her.  I should add that that piece of information comes directly from your record of interview, which I will refer to at a later stage.  The two of you arrived at the house and started banging on the doors and windows.  Ms King was home by herself and asleep but was woken by the banging, opening the front door and had a verbal argument with Ms Ford inside the front door.

5You then ran at Ms King and grabbed her by the head and punched her several times, as a result of which Ms King dropped to the ground.  Ms Ford also punched Ms King to the head, up to three times.  You had Ms King from behind and continued punching her, then turned around and kneed her four times.  You had Ms King in a headlock between your legs when you started punching her again, then got her up against a wall, while she was in a headlock between your legs.  Ms King went to say something, you told her to 'Shut the fuck up' and hit her from the side, then swapped hands and hit her from the side again.  Whilst you were assaulting Ms King, Ms Ford entered Ms King's bedroom and began to look through her mobile phone.  You started punching Ms King again and then threw her up and Ms Ford told you to stop.  Ms King told you to get out and you said 'Find my keys and I will leave' and then the two of you left the premises.

6Ms King's mother reported the matter to police on 5 June.  Ms King was reluctant to speak to police out of fear of retribution from the two of you but ultimately provided a statement.  Personal protection orders on behalf of Ms King were applied for by police against both you and Ms Ford and issued at the Geelong Magistrates' Court.  You sent a further threatening angry message to Ms King on 6 June.  Ultimately search warrants were executed at your home and at the home of Ms Ford.  In that search, an Apple iPhone belonging to you was seized, containing the Facebook messages between yourself and Ms King, as well as other Facebook messages about the assault on Ms King.

7You were arrested and taken to the Geelong police station where you conducted an extraordinarily full record of interview, making admissions to entering Ms King's premises with an intent to assault her and detailing the assaults that you then committed.  Your actions in entering Ms King's home while she was there, and with the intention of assaulting her underlie Charge 1 on the indictment, aggravated burglary.  The actions you then took in punching Ms King underlie Charge 2 on the indictment, common law assault.

8Ultimately, Ms Ford was also arrested and interviewed, although she denied assaulting Ms King.  She appeared at the Geelong Magistrates' Court on charges of intentionally cause injury, recklessly cause injury and unlawful assault.  She was ultimately dealt with by way of an adjourned undertaking to be of good behaviour.  It is important, in my view, that I refer in reasonable detail to your record of interview.  Because of it, the charge of aggravated burglary in fact was laid.  It was an extraordinarily detailed record of interview where you described precisely what had happened.  You gave the details of the assault and said that Ms Ford had told you to stop hurting Ms King.  You said that she did not have a chance to fight back.  You spoke about the later message on Facebook and the further threat that you made to her.  It was conceded by the prosecution that the charge of aggravated burglary could not have been laid against you and the information that you gave police in that record of interview. 

9The maximum penalty for aggravated burglary is 25 years imprisonment.  The maximum penalty for common assault is six years imprisonment. 

10In a victim impact statement, Ms King said that your actions had put her in fear, and had caused her to move out for a time to live with her parents during which period her premises were burgled.  She ultimately ended the lease prematurely and has been in attendance upon a psychologist who has diagnosed her as suffering post-traumatic stress disorder. 

11I now turn to your personal circumstances.  You are 27 years of age and were 26 at the time of this offending.  You had a difficult childhood.  Your mother was aged 16 and was still at school when she gave birth to you.  She apparently, according to the reference written to me by your grandmother (who raised you) could not cope and thereafter you were essentially raised by your maternal grandmother in Corio.  Both your parents then went on to suffer from a range of substance abuse and mental health issues and essentially have not been able to behave in a parental role for you.

12As I have said, your grandmother, Helen MacLean, whose very helpful reference dated 20 May 2019 was tendered on the plea, raised you. 
Mrs MacLean spoke about your mother's breakdown after your birth and said that even today, your mother struggles with life.  She described her as an alcoholic and a person with mental issues, although she visits you regularly.  Your father has also suffered ongoing drug abuse and mental health issues.  He attended court, but I was informed in court that in fact he is currently in a detoxification centre.

13You have no prior or subsequent convictions which is very much to your credit and I suspect very much in the credit of your grandmother.  You were referred to Child and Adolescent Services as a teenager when you were about 14, but went onto complete your VCE.  You have had diagnosis in the past of a bipolar mood disorder, for which you have been prescribed medication.  I have also received further material which describes your condition as one where you suffer considerable mood swings.

14You ceased that medication about two years ago, as a result of you giving birth to two children and your pregnancies.  Going back to your history you completed VCE and then a Certificate III in childcare and began employment.  You remained in that employment until you were charged with this offending.  As a result, you were immediately suspended, but I had a reference from your employer who wrote impressively about you and said that he was prepared to take you back as a valued employee, but noted that this could not be done unless you received a disposition which did not carry with it a conviction.

15You moved into independent accommodation when you were 20 and began your relationship with the father of your children, Rhys, when you were 21.  You gave birth to your first child when you were 25.  She is now two and your second child is five months of age.  Unsurprisingly, as a result of all this, the relationship between you and your partner has effectively ceased, although you remain living together but separately under the same roof.  That is primarily because of the fact that you need him to care for the children.

16It appears that following the birth of your youngest child, you had a bout of what you suspected was post natal depression.  You referred yourself to a GP for mental healthcare and support, but because of the waitlist, gave up and have not had any further treatment because of the cost.

17You were assessed by psychologist Lisa Jackson and testing revealed you to be suffering some severe symptoms of depression, moderate anxiety and extremely severe symptoms of stress.  In fact it was described as clinical depression and anxiety.  Your counsel Ms Bate pointed out that at the time of this offending, not only were you not on your medication, you were in a position of extreme stress.  Essentially as I understood it, her submission was that this offending was out of character for you and very much confined to the extreme circumstances surrounding your situation, that is, your pregnancy, the behaviour of your partner and the fact that you had suspected for some time that his affair was going on.  Indeed there had been previous affairs on the part of your partner.  The fact was that when you had the conversation with Ms King, your partner having previously denied that he had been involved in a relationship with her, you received the news that in fact Ms King had fallen pregnant to him.

18I am informed by your counsel that on your return home, you confronted your partner, who eventually admitted what had occurred, saying that he had not wanted to tell you until your child was born in order not to upset you.  Understandably that made things worse.  It would appear in the circumstances, you have seen Ms King, you have gone home and you have begun to brood about this particular situation.  I am satisfied that the ongoing mood swing condition, which was unmedicated at the time, had some part in the way you then reacted, together with the very particular circumstances surrounding this situation.

19I am satisfied that this behaviour was out of character for you.  It is quite clear you have managed your life impressively, you have good employment - the reference was impressive.  The references from your grandmother and your aunt, Valerie Hall, were also impressive and explained a great deal about your background. 

20Importantly, both ladies expressed their extreme displeasure at your behaviour and wrote of your great remorse at what you had done.  I am satisfied that you have strong supports in the community in the form of your grandmother and your aunt and that you are surrounded by people who do not approve of this behaviour and do not approve of offending behaviour.  I also accept that you are remorseful for your actions.  This is clear both from the extraordinarily explicit record of interview that you conducted with police and your early plea of guilty.

21Further, Ms Bate informs me that your partner has now become involved with Ms Ford, in another relationship and yet you have not reacted to this, which is an indication, she submitted and which I accept, that you have essentially learned your lesson and been deterred from further offending as a result of the offending that has brought you here before the court today.  In all the circumstances, I am satisfied firstly that a term of imprisonment is not appropriate in your case and indeed, it was indicated by Mr Moore on behalf of the prosecution, at the outset of this plea, that a community corrections order was an appropriate disposition.  I have had you assessed for that community corrections order.  You have been found suitable for it.  It is my view that in the circumstances, of this particular offending, and because of your employment situation, that I should not attach a conviction to that order.

22All right, now I can only place you on an order with your consent.  I first need to explain the conditions that attach to this order.  Could you stand up please madam, thank you.  The order will be - it is an aggregate sentence in relation to both charges.  I am satisfied that is an appropriate way to deal with the two charges which essentially arose out of the one incident.  It will be for a period of twelve months.

23The core conditions of the order, that you must report to the Community Corrections Office within two working days of the making of this order, that is by Friday of this week.  While on the order, you must not commit another offence punishable by imprisonment.  It does not mean you have to be sent to gaol, it just means if you commit an offence for which you could be sent to gaol, that will breach the order.  That will bring you back in front of me and I will be forced to re-sentence you, all right?

24You must report any change of address or employment within 48 hours of making that change.  Whilst on the order, you may not leave Victoria without the permission of the Community Corrections Office.  You must report to and receive visits from the Community Corrections Office.  You must obey all lawful directions of the Community Corrections Office.  You must not attend upon the Community Corrections Office under the influence of drugs or alcohol.  It appears that you have no problems now with substance abuse, although there was some difficulties with that in your early twenties.

25I am going to attach some special conditions.  It seems to me, given the situation with your children, and the resumption of your employment that the imposition of community work hours is certainly not practicable in your case.  I am simply going to order that you attend for assessment and treatment for mental health difficulties.  Are you prepared to enter this order?

26OFFENDER:  Yes, Your Honour.

27HER HONOUR:  Thank you very much.  We will just prepare the documentation.

28MS BATE:  As Your Honour pleases.

29HER HONOUR:  Thank you very much Ms Bate.  I found the references from your client's grandmother and aunt of enormous assistance.  So thank you very much indeed, they were really good.  I should also refer to a report received from your general practitioner, Dr Swati Mukherjee who notes that you are suffering from anxiety and depression, that you were referred to a psychiatrist, in what he calls The Private Room which you were unable to afford.

30All right, so hopefully this will result in you receiving the attention you require, which is not something that you have to dip into your private purse for
Ms Wright.  Thank you.  Have we got the no conviction ‑ ‑ ‑

31ASSOCIATE:  Yes no conviction but it doesn’t appear on the community corrections order.

32HER HONOUR:  Well I might write 'Without conviction' on it, just to make sure.

33ASSOCIATE:  Yes.

34HER HONOUR:  Just so everyone knows.  Thank you.  We will get you to sign that please.  Thank you, Ms Wright.  I will give you back your references as well.  Sorry, I will just try to find them.  That is all of them.  Thank you.  All the best Ms Wright, thank you very much.  Also I thank counsel very much for their assistance in this matter and we will adjourn to ‑ ‑ ‑

35TIPSTAFF:  Nine thirty.

36HER HONOUR:  All right, thank you.  You are excused Ms Bate, thank you very much.  You can come out of the dock Ms Wright, thank you.  I just need to have a quick chat to Mr Moore about tomorrow, so - all right, thank you.

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