Director of Public Prosecutions v Young

[2024] VCC 1725

IN THE COUNTY COURT OF VICTORIA

AT MELBOURNE

CRIMINAL DIVISION

Revised
Not Restricted
 Suitable for Publication

Case No. CR-23-00856

DIRECTOR OF PUBLIC PROSECUTIONS

v

ANTHONY YOUNG

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JUDGE:	HIS HONOUR JUDGE WRAIGHT
WHERE HELD:	Melbourne
DATE OF HEARING:	22 August & 11 October 2024
DATE OF SENTENCE:	29 October 2024
CASE MAY BE CITED AS:	DPP v Young
MEDIUM NEUTRAL CITATION:	[2024] VCC 1725

REASONS FOR SENTENCE
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Subject:CRIMINAL LAW – Sentencing.

Catchwords:              Plea of Guilty – Aggravated burglary – Common assault – Damaging property – Resist an emergency worker on duty – No prior criminal history – Offending in company – Verdins – Very good prospects of rehabilitation.

Legislation Cited:      Crimes Act 1958 ss 31(1)(b), 77, s197(1); Sentencing Act 1991 ss 6AAA, 18, 44.

Cases Cited:R v Okutgen (1982) 8 A Crim R 262.

Sentence:                  Imprisonment for a period of 6 months with a Community Correction Order for a period of 2 years.

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APPEARANCES:	Counsel	Solicitors
For the DPP	Mr S Tan (Plea) Ms C Dunn (Sentence)	Office of Public Prosecutions
For the Accused	Mr J McQuillan (Plea) Mr A Paull (Sentence)	Adrian Paull Criminal Lawyers

HIS HONOUR:

1Anthony Young, you have pleaded guilty to:

(a) one charge of aggravated burglary contrary to s 77 of the Crimes Act 1958 (‘Crimes Act’), which carries a maximum penalty of 25 years imprisonment (Charge 1);

(b)   one charge of common law assault contrary to Common Law, which carries a maximum penalty of 5 years imprisonment (Charge 2);

(c) one charge of damaging property contrary to s 197(1) of the Crimes Act  which carries a maximum penalty of 10 years imprisonment (Charge 3); and

(d) one charge of resist an emergency worker on duty contrary to s 31(1)(b) of the Crimes Act which carries a maximum penalty of 5 years imprisonment (Charge 4).

2You have no prior Criminal History.

Circumstances of the offending

3A prosecution opening was tendered on the plea and may be summarised as follows:

4You were 56 years old at the time of the offending. The co-accused in this matter is your son, Lachlan Young. Lachlan Young lives in Bordertown, South Australia.

5The incident occurred at the residential address of Hayley Spratling, the victim in this matter.

6At 8:35pm on 8 October 2022, the victim arrived at her home address in Sebastopol. The victim drove into the driveway using the garage remote control to open her double garage door and close it behind her.

7Whilst the victim remained inside her parked vehicle, she heard knocking on the garage door and a male voice saying ‘you’ve got my dog, you’ve got my dog’. While sitting in the car she looked around her garage but couldn’t see or hear a dog.

8The victim heard knocking before it turned into a loud banging on the garage door. The victim thought it was bizarre and felt uncomfortable.

9The victim called her brother Corey Spratling and told him what was happening. He said he would come around and that he wouldn’t be long.

10The victim could hear the banging getting louder and could see the garage door moving as the banging grew more and more forceful, the male voice was now screaming. The victim started to get scared and panic. As a result, she called her brother again and told him to hurry up. She also called 000 to request assistance.

11At 8:42pm, your partner, Melissa Thomson, called 000. In the call she addresses someone else at the scene and can be heard querying whether someone has ‘kicked the door in’. You can be heard in the background threatening to ‘fucking run through the place’.

12The victim remained in the car and heard banging coming from the fence along the south side of the property. The male voice was now yelling abusive language and threatening to kill the victim. The victim felt terrified.

13You and your co-accused, pushed over a corrugated tin fence on the south side of the property and entered the backyard of the property. At the rear of the garage is a single roller door which provides access to the garage from the backyard of the property. Whilst the victim was still sitting in her car, the garage door was damaged and forced open by you and your co-accused.  You both confirm that at this point, the dog ran out of the garage.

14You both then entered the garage and yelled threats towards the victim saying ‘get out of the fucking car, give back the fucking dog’ (Charge 2 – aggravated burglary; Charge 3 – common assault). You picked up a nine litre LPG gas bottle attached to an outdoor heater and threw it into the windscreen of the victim’s vehicle, breaking the windscreen and denting the bonnet (Charge 4 – damaging property).

15You and your co-accused started hitting and kicking the victim’s vehicle. You tried to open the doors of the car, whilst continuing to scream and threaten her.

16The victim pressed the garage remote control to open the front roller door as she was fearing for her life. The roller door opened and the victim reversed her vehicle out of the garage. Unknown to the victim, your vehicle, a blue Nissan Navara was parked in front of the garage door. The victim’s vehicle collided with your vehicle before she drove her vehicle back into the garage where you and your co-accused were still standing.

17A number of other persons relating to you and your co-accused had attend the scene and entered the garage to attempt to speak with the victim. The victim remained in the vehicle and refused to exit due to being fearful of you and the other persons present.

18Mr Spratling and Troy Cuthbertson attempted to attend the scene by car. You and your co-accused threatened the pair and kicked the car so they drove away.

19At this time, the victim called 000 again. Whilst on the phone to 000, you and your co-accused continued to threaten and abuse her.

20After the victim called 000, you returned to the garage and kept hitting the window. You told the victim she was ‘fucked’ and that you were going to kill her. The victim was terrified. You and an unknown female were coming in and out of the garage, banging on the car. The victim told you that she didn’t touch any dog and that she had no idea what you were talking about to which you responded ‘it’s too late for sorry, get out of the fucking car, you’re fucked when you get out’.

21At approximately 9:00pm, Sergeant Jamie Jordan attended the address. You were aggressive towards Sergeant Jordan and demanded to see a senior sergeant. Sergeant Jordan told you to leave and remain outside the address.

22You remained on the street until Mr Spratling re-attended the scene. You aggressively approached Mr Spratling and had to be continually directed by police to stop and get back. You failed to follow the directions given by police and were placed under arrest for breach of the peace.

23You continued to behave in an aggressive manner and force was used to effect the arrest. You continued to resist the police. You were then sprayed with OC spray and the police were required to taser you on multiple occasions to obtain control (Charge 6 – resisting an emergency worker on duty).

24You were assessed by paramedics, sedated and transported to Ballarat Base Hospital, before being conveyed to the Ballarat Police Station for interview.

25Your co-accused, Mr Young, remained at the scene for a short period before leaving while police dealt with you.

26The police investigated the scene and observed:

(a)   damage to the front door of the victim’s property;

(b)   damage to the victim’s side fence; and

(c)   damage to the victim’s car, and the gas bottle.

27You took part in a record of interview and made a number of admissions which are summarised in the prosecution opening.

Nature and gravity of offending

28Aggravated burglary is by its nature a serious offence, reflected in the maximum penalty of 25 years imprisonment. However aggravated burglary offences are committed in a wide range of circumstances and in some instances the conduct that occurs after the offence is completed and the offender has entered, can also  result in serious offending, as was the case here. In this instance, the conduct you engaged in together with your co-accused once you had entered the garage of the victim, can only be described as very serious and entirely unjustified.

29It seems that your son lost control of the dog and by coincidence, it ran into the victim’s garage as she was driving her car into the garage, after which she closed the remote controlled door. She was unaware that the dog was in her property. It is unexplainable why your son formed the view that the victim had somehow taken the dog which he conveyed to you, resulting in you attending and the angry and violent conduct that you both then engaged in. The terrified victim remained in her car during the incident and was subjected to abuse, threats and violence including you throwing a gas bottle into her front windscreen.

30What is most concerning is that when you and your son ultimately entered the garage via the internal door, the dog ran out, which you both acknowledge. Thus your conduct following seems to have been directed at the victim as revenge or punishment for having taken the dog. Your conduct was reprehensible and frightening, and it was entirely unjustified.

31Further, your state of aggression and anger was such that after police attended you resisted the police and ultimately had to be sedated.

Personal circumstances

32You were born in 1966 are now 58 years old. You are the second eldest of five children in your family.

33You were raised in Ararat and grew up on your family’s dairy farm near Bacchus Marsh. You describe your upbringing as traditional, one in which you and your siblings were all expected to contribute on the farm. You report that your parent’s relationship was free from serious conflict. Your father died in 2010; you remain on good terms with your mother and siblings.

34You attended Bachus Marsh Primary School and then Bacchus Marsh High School where you enjoyed good relationships with peers and teachers, and acquired functional literacy and numeracy skills without undue difficulty. You left school at age 16.

35You moved to Beaufort after leaving school where you worked at the local sawmill. You subsequently worked primarily in semi-skilled roles such as forklift driving and truck driving. You have maintained consistent employment and have been with your current employer for 16 years. Your employer is aware of your offending and remains supportive of you.

36You have been involved in at least two serious relationships. You were married for two years when you were 22 which ultimately ended due to your work requiring frequent interstate travel. You have a son from that relationship.

37You have been in a stable relationship with your partner for 25 years to which you have two adult children together. Your daughter still lives in the family home. You report that your relationship with your daughter is good and that whilst she is not happy about your charges, she remains supportive. Your son is the co-accused in this matter. Your report that your son has caused you intense stress over the years and that he is now on remand on unrelated serious charges.

38In 2013, you were injured in a motor vehicle collision which left you with serious injuries. A psychological report of Patrick Newton dated 8 August 2024, was tendered on the plea which details the distress caused by this collision, which ultimately led to you developing symptoms associated with post-traumatic stress disorder (PTSD) and claustrophobia. You were unable to return to driving for a period of two years and have suffered continuing mental-health problems since that time. You were referred to Mr Gerry Egan a psychologist for trauma-related counselling who you saw on a regular basis for more than three years.

39Mr Newton’s report further details that you were admitted to Bendigo Hospital after a suicide attempt following an argument with your partner. Post your admission you attended a further six sessions with psychologist, Mr Egan. You are prescribed antidepressant medication.

40As a result of the PTSD, you report that you find it difficult to manage your emotional reactions to toxic stimuli, including ‘even small things’. A report of Dr Rodney Allen dated 19 February 2023 was also tendered on the plea and concurs that your symptoms of PTSD contributed to this offending in addition to your irritability and hypervigilance.  

41Your son was remanded earlier this year for serious offending.  You report that the ongoing prosecution of your son has been a major source of stress and that you and your wife have had to navigate the legal system to provide both emotional and practical support for your son.

42You report that whilst you occasionally drink relatively heavily, with the exception of this offending, you have not experienced any significant adverse consequences from alcohol. You have never used any illicit substances and have no prior criminal history.

Sentencing considerations

Plea of guilty

43I first take into account your plea of guilty. This matter resolved following a sentence indication before me. Your plea has saved the community the time and expense of running a trial and most importantly, has saved the victim from having to give evidence and relive the event. Your plea also demonstrates your acceptance of responsibility for you conduct.

Verdins

44It was submitted on your behalf that Verdins principles 5 and 6 are enlivened based on the report of Mr Newton and his opinion that your claustrophobia and PTSD would be adversely affected by placement in custody. Mr Newton is also of the opinion that given the lack of trauma focused counselling available in custody, it is predictable that you would experience a deterioration of your symptoms. I accept that Verdins principles 5 and 6 can be given weight in this instance.

Rehabilitation

45Turning to your prospects of rehabilitation you come before the court at age 58 with no prior criminal history. You have maintained employment throughout your life and you have the ongoing support of your wife and family. As noted by the Court of Criminal Appeal in R v Okutgen[1], a person of mature years that has otherwise been of good character is entitled to call in aid his character that he has maintained up until the time of conviction.

[1] (1982) 8 A Crim R 262; 265.

46It appears that this offending while very serious, emanated from false information given to you by your son. While your reaction remains very concerning, I note that Mr Newton assessed your risk of reoffending as low-moderate and you have expressed a willingness to continue to engage in rehabilitative treatment. In my view in all the circumstances your prospects of rehabilitation are very good.

Other sentencing considerations

47General deterrence remains the paramount sentencing consideration. Your conduct together with your son was terrifying conduct inflicted on an innocent women who was entitled to feel safe in her own home. A message must be conveyed that such conduct will not be tolerated. Further, while you do not have prior criminal history, your reaction on this occasion is disturbing and you must be deterred from such conduct in the future when in an angry state. As such in my view specific deterrence has some role to play in the sentencing discretion.

48While a community correction order alone was sought on your behalf, in my view a term of imprisonment in combination with a community correction order is required in order to meet the relevant sentencing considerations. Mr Tan who appeared on behalf of the Director of Public Prosecutions, submitted that a combination sentence is within range.

Sentence

49Mr Young, would you please stand.

50Anthony Young, on Charge 1 aggravated burglary, Charge 2 common assault, Charge 3, criminal damage and Charge 4 resist an emergency worker on duty, you are convicted and sentenced to an aggregate 6 months imprisonment as the prison component of a combination sentence pursuant to s 44 of the Sentencing Act 1991 (‘Sentencing Act’).

51Upon your release you will be placed on a community correction order for a period of 2 years. In addition to the standard conditions, you will be required to undertake treatment and rehabilitation in relation to your mental health and undertake programs to reduce the risk of reoffending. You will also be subject to supervision.

52Pursuant to s 18 of the Sentencing Act, I declare that 2 days be reckoned as the period of imprisonment already served under the sentence I have imposed. That does not include today.

53Pursuant to s 6AAA of the Sentencing Act, if not for your plea of guilty, I would have sentenced you to a period of imprisonment of 2 years with a non parole period of 12 months.