DPP v Galea
[2005] VSC 508
•21 December 2005
| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
CRIMINAL DIVISION
No. 1457 of 2005
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| JEFFREY MICHAEL JOSEPH GALEA |
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JUDGE: | CUMMINS J | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 5-14, 21 December 2005 | |
DATE OF SENTENCE: | 21 December 2005 | |
CASE MAY BE CITED AS: | DPP v Galea | |
MEDIUM NEUTRAL CITATION: | [2005] VSC 508 | 1st Revision: 28/12/05 |
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Criminal law – sentencing – intentionally causing serious injury – knife attack in road rage incident – damage to motor vehicle – considerations applicable.
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APPEARANCES: | Counsel | Solicitors |
| For the Crown | Mr C.G. Hillman, SC | Office of Public Prosecutions |
| For the Accused | Mr G. Lethbridge | Lethbridge & Associates |
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HIS HONOUR:
On Friday 11 June 2004, a 31-year old man, Salvatore Poillucci, drove his vehicle to the Crown Casino in the city to spend an evening with friends. One of the friends was Mr Lisbino, who had finished a job that day and was there at the Casino to celebrate, as were other friends.
Mr Lisbino and the friends duly celebrated. Mr Poillucci was a person who did not drink and drive and he consumed one light beer that night. Mr Lisbino had his car there. Other persons had their cars there, including a young woman, and as the night progressed Mr Poillucci, in a responsible gesture which assists the safety of our public roads, offered to be the designated driver for other persons and to drive them to their homes. Accordingly, in the early hours of the Saturday morning Mr Poillucci drove two other persons home. In a further act of decency, Mr Poillucci left his own vehicle at the Casino because Mr Lisbino needed his car early the next morning, and so it was Mr Lisbino's car that Mr Poillucci was driving home.
In the front seat was the young woman, who had been drinking. In the back seat was Mr Lisbino, who had been drinking. The party set off to the northern suburbs. Mr Poillucci drove Mr Lisbino's vehicle first to the home address of the young woman in Taylors Hill. As he drove along Taylors Road from east to west in the area just before Taylors Hill, Mr Poillucci and the young woman in the front seat observed a large white Mercedes van speed past them in an erratic manner.
The young woman having been dropped off, Mr Poillucci commenced the return trip to the suburb in which he and Mr Lisbino lived. Mr Lisbino remained in the back seat but at that stage was asleep. Again Mr Poillucci observed the same Mercedes van driving in an erratic manner in the opposite direction along Taylors Road. The Mercedes van repeatedly approached and negotiated around Mr Poillucci's vehicle. They were the only vehicles on the road at 2.30 a.m. this Saturday morning at St Albans.
Mr Poillucci exercised responsibility, prudence, sobriety and restraint in his dealings with the van. But the van driver was not to be deflected from his drug-induced course of attack upon the vehicle and driver, Mr Poillucci, and the Toyota Celica he was driving.
Ultimately you, Mr Galea, who were the driver of the van, lay in wait for Mr Poillucci at the intersection of Taylors Road and Sunshine Avenue St Albans. Mr Poillucci pulled up behind the van, which was blocking his path. You, Mr Galea came out from the van. Hidden behind your back in a sheath was a large Rambo 15 to 20 centimetre serrated knife. You then commenced viciously, severely and persistently, to attack Mr Poillucci.
First you rammed his knife through the roof of the Toyota Celica three times, clearly with great force as the knife three times penetrated the full thickness of metal roof of the Toyota. Directly beneath where the knife was rammed with great force was sitting trapped, Mr Poillucci. Fortunately the knife did not, at that stage, strike him. Then you commenced to attempt to knife Mr Poillucci through the half open driver's window of the Toyota Celica, which driver's window had been half opened by Mr Poillucci in order to seek to speak to the attacker. On a number of occasions the knife was plunged through the open window. Mr Poillucci, who was a responsible and conservative witness, estimated the number of stab attempts at six to seven. The witness in the back seat who was awoken by the proceedings, estimated it at 15 to 20. I proceed upon Mr Poillucci's estimate.
Mr Poillucci attempted to grab this large knife with his hands. As he said, “the instinct is to put your hand and get your hand cut and make sure the knife doesn't come through your body”. He swung his body to the left, although confined by the seatbelt and the steering wheel, only to be stabbed in the back of the right shoulder by the Rambo knife. In desperation, Mr Poillucci grabbed the arm of the attacker, forced it up towards the roof and fought his way out of the vehicle so that at least he was not as vulnerable as when he was sitting in the driver's seat. Then you commenced to move towards him and Mr Poillucci moved backwards. Then you went across to the vehicle and commenced to attack the vehicle. You then promptly and without warning, left.
I have no doubt that the reason you left was because for the first time you realised there was a second person in the Toyota Celica. For at that time, the previously sleeping Mr Lisbino, awoken, desperate and terrified, had climbed into the front seat and was starting the vehicle in an attempt to drive away. Thus it was, I have no doubt, that you, Mr Galea saw there was a second man. You immediately decamped. Possibly you would never have been apprehended, but fortunately, Mr Lisbino keyed into his mobile phone the registration number of the Mercedes van and thus it was, four days later, that you were arrested. The Rambo knife has never been recovered.
Mr Poillucci's conduct on that night was sober, responsible and prudent. He had every right to travel on that lonely road safely.
The courts and the law have a responsibility to protect members of the public, including Mr Poillucci from such dangerous and unjustified attacks. It was you Mr Galea and you alone, who created the situation of confrontation. Mr Poillucci at all time acted conservatively, sensibly and lawfully.
During the attack upon him you said on a number of occasions, at least twice, the words of "I'll kill you", which plainly on the jury's verdict were an expression of anger, not a statement of intent and I of course proceed upon that basis.
The stab injury to the right rear shoulder was 2.5 centimetres in width and 7 centimetres in depth. It was very close to major blood vessels and to the right lung. It was only because the stab was at an angle that it did not penetrate the chest cavity. In fact, the only thing which saved Mr Poillucci was his muscle bulk, he being a well-muscled concreter. But this attack was not a surgical examination on an operating table under arc lights, but was in the dark to a moving person, trapped in the vehicle on a public road, to his upper torso by repeated stabbing actions.
After you had driven away Mr Poillucci drove himself and Mr Lisbino to the Coburg Police Station, from where Mr Poillucci was taken by ambulance to the Austin Hospital emergency department. There he was surgically examined, two deep sutures were inserted into his back, his right hand was treated and later that morning he was released from hospital. Mr Poillucci has made a full recovery physically. However, as his victim impact statement reveals, he is scarred psychologically.
I regard this attack upon this victim as especially serious, both in its nature, in its medical potential, and in the circumstances that it was an attack upon a decent citizen on a public road and wholly unjustified.
Mr Galea, you were born on 16 February 1979 and thus were 24 years of age at the time of these offences and are now 25 years of age. You left school in Year 10. You have a limited employment history. You are a long term drug abuser, including of cannabis and of amphetamines. On the night of these offences you had consumed both alcohol and amphetamines.
To your credit, you have sought to improve your education and skills in custody, which effort stands to your credit and is relevant to rehabilitation.
Further, you have pleaded guilty to the charge of intentionally causing serious injury and indeed pleaded guilty to that charge on 5 April 2005 at the committal. The prosecution did not accept that plea. You were originally charged with attempted murder of Mr Poillucci and the prosecution proceeded to jury trial in this court on that charge of attempted murder, with the charge of intentionally causing serious injury to which you also pleaded guilty in the presence of the jury as an alternative. The jury found you not guilty of attempted murder, doubtless for the reason I have stated, and I, of course, sentence you solely on the basis of the count of intentionally causing serious injury to which you have always pleaded guilty and for which continuing plea over time you are to be given full credit.
Between May 1996 and July 1999, a period of just over three years, you have been convicted of 27 offences in nine court appearances. You have received a number of suspended sentences. You have been convicted of five offences of violence to the person. On two separate occasions the prior offences involved the use or possession by you of a knife. At the Melbourne Magistrates' Court on 12 March 1998 you were convicted of threat to inflict serious injury and assault with a weapon, for each of which offences you were sentenced to nine months' imprisonment to be served concurrently and convicted of possession of a regulation weapon, for which you were fined $500. Six months of the sentence was suspended for a period of two years. On the occasion of those offences you slashed at two persons in a motorcycle shop in Elizabeth Street, city, and then decamped. You had brought the knife to the scene. At the Melbourne Magistrates' Court on 12 May 1998 you were convicted of eight offences, including possession of a regulated weapon and possession of a dangerous article. On that occasion in a police check a knife was found in the glove box of your vehicle. Thus the offence on Count 2 for which you are to be sentenced is the third occasion you have been convicted and sentenced for use or possession of a knife.
It is also the second occasion you are to be sentenced for violent conduct on public roadways. At Broadmeadows Magistrates' Court on 29 October 1997 you were found guilty of causing injury intentionally or recklessly and of destroying or damaging property. You were released upon a community-based order for 12 months with conditions, which order you breached. On that occasion you and two others in a vehicle threatened and chased a victim in another car, forced him off the road and then assaulted him with an iron bar, punched him and, yet again, decamped.
I take into account, as your counsel rightly has submitted, the substantial gap in time between the last set of offences, July 1999, and these offences, namely five years, apart from some offences committed on 9 December 2003 for which you were convicted on 18 February 2005. That gap in offending is a matter of significance in your favour in the context of your earlier history of offending.
I take into account the psychiatric report of Dr D. Sullivan dated 2 December 2005 and the psychological report of Mr Bernard Healey of 27 June 2004, tendered before me. Dr Sullivan in paragraph 23 of his report states that your only conviction for assault was in 1996. However, I do not doubt Dr Sullivan's diagnosis of polysubstance abuse, stated in paragraph 21 of his report. Mr Healey likewise found vulnerability to substance abuse (p.6 of his report). Intellectually you are of just average capacity (p.5 of Mr Healey's report). You suffer no psychiatric illness.
You have the support of a loyal and decent family who have been in court throughout these proceedings and as I have previously stated, I acknowledge their loyal and continuing support of you.
I take into account the helpful references tendered on your behalf by three persons who I am sure are good and decent citizens.
On the ever important matter of rehabilitation, I take into account in particular, as well as the gap in offending that I have previously stated, your progress and good efforts in custody as evidenced by the certificates tendered before me of courses and training you have undertaken and completed. I have examined the report of 25 November 2005 of Ms A. Hooker, Youth Development Officer, the progress report of Kangan Batman TAFE of 29 November 2005 and the four certificates attached to it, a certificate of 10 December 2005 from Port Phillip Prison as to anger management courses, and the four reports of Moreland Hall as to drug and related education courses of 10 and 19 March 2005, 13 July 2005 and 8 September 2005.
As I have stated, in particular I take into account your plea of guilty on a continuing and early basis to this offence of intentionally causing serious injury and its relation to the good efforts you have undertaken in custody as to your own rehabilitation. I further take into account in respect of rehabilitation your relative youth. By reason of those factors I impose a somewhat longer period of eligibility for parole than otherwise I would.
Turning to the relevant principles of sentencing which apply to this matter, the protection of the community is central to this case. Citizens are entitled to be protected from road rage, especially road rage of the violence and dangerousness and persistence as has been exhibited by you. General deterrence is especially applicable to this case - the deterrence of others from road rage. Specific deterrence is applicable to you because of your history in relation to offences. Rehabilitation is always important and is even more so in this case by reason of the circumstances I have stated, notably your early and continuing plea of guilty, your youth and your own efforts at rehabilitation.
You have served 511 days in pre-sentence detention, being 553 days less 42 days which were in relation to another matter. I therefore, pursuant to s.18 Sentencing Act 1991, declare that 511 days of the sentence I impose has already been served under the sentence and I so certify.
Mr Galea, on the count of intentionally causing serious injury, I sentence you to eight years' imprisonment.
On the count of damaging a motor vehicle, I sentence you to one year's imprisonment. You pleaded guilty to that count also. Nearly all the damage by you to the vehicle was a consequence of your attempting to stab Mr Poilluci and for which I have sentenced you on the other count. Accordingly I direct that the sentence of one year’s imprisonment be served fully concurrently with the sentence of eight years’ imprisonment on the count of intentionally causing serious injury, making a total effective sentence of eight years' imprisonment.
I direct that you serve a minimum term of five years' imprisonment before you are eligible for parole.
Remove Mr Galea.
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CERTIFICATE
I certify that this and the 6 preceding pages are a true copy of the reasons for Sentence of Cummins J of the Supreme Court of Victoria delivered on 21 December 2005.
DATED this twenty first day of December 2005.
Associate
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