DPP v O'Connor
[2006] VSC 155
•26 April 2006
| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
CRIMINAL DIVISION
No. 1424 of 2005
| DPP |
| v |
| GARY SEAN O'CONNOR |
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JUDGE: | TEAGUE J | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 3 April 2006 | |
DATE OF SENTENCE: | 26 April 2006 | |
CASE MAY BE CITED AS: | DPP v O'Connor | |
MEDIUM NEUTRAL CITATION: | [2006] VSC 155 | |
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Criminal Law – Sentencing – Stabbing of two victims when in drug-hazed state – Pleas of guilty to intentionally causing serious injury as to one and recklessly causing injury as to the other – 6 years imprisonment – non-parole period of 4 years
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Mr R. Elston S.C. | Office of Public Prosecutions |
| For the Accused | Mr D Drake | Rainer Martini & Associates |
HIS HONOUR:
Gary O’Connor, you have pleaded guilty to two offences arising out of events which occurred on 19 August 2004 at 14B Potter Street, Dandenong. The first is of intentionally causing serious injury to Terrence Atkinson. The second is of recklessly causing injury to Michelle Bellaart.
14B Potter Street was the then home of Terrence Anderson and Michelle Bellaart. Terrence Anderson had set up there a makeshift laboratory for manufacturing the illegal drug amphetamine. You had come to be a friend of Terrence Atkinson. That friendship led to your being able for a time to be provided by him with amphetamine. On some occasions, you used the amphetamine. On other occasions, you exchanged the amphetamine for heroin. Terrence Anderson did not know for some time about your choice to make the amphetamine–heroin exchanges. When he found out about it, he made known to you that he would no longer provide you with amphetamine. You resented his having made that decision.
On 19 August 2004, you went to 14B Potter Street. At that time, you were adversely affected by a cocktail of alcohol and illegal drugs. You were let into the house by Michelle Bellaart. You went to the bedroom of Terrence Anderson. He was lying on his bed. You made some remarks about there being a lack of loyalty on his part. You then stabbed Terrence Anderson once in the chest. Michelle Bellaart entered the bedroom. She tried to get the knife off you. In the course of her attempting to do so, she was cut to her right hand. A female friend of Michelle Bellaart came into the room. You made threats to both women.
The stab wound to Terrence Anderson soon started to cause him difficulty with breathing. He indicated that he needed medical attention. It is to your credit that you then chose to assist him. You used a mobile phone to call a friend. The friend came in a car and took Terrence Anderson to the Dandenong Hospital. Michelle Bellaart was also taken to the hospital. The slashing wounds to her hand were nasty and required sutures. The stab wound that you inflicted to Terrence Anderson was very much more serious. As could reasonably have been anticipated by anyone inflicting such a stab wound to the front of the chest, it caused major damage to internal organs. In fact, the consequences were even more drastic, although not so readily anticipated. The hospitalisation led to his contracting a severe golden staphylococcus infection. He was in Intensive Care for many weeks. He had to have a series of operations. The transcript of what he said as to his injuries in the course of his plea hearing last October before Judge Campton helps to reveal the particularly adverse consequences you caused to him by your mindless act of spite. As to your victims, I do note that there are no victim impact statements, and that I was told that both victims were given, but chose not to take, the opportunity to prepare such a statement.
I turn to your background. I summarise what was provided in detail in the reports of Mr Cummins and Dr Walton, and amplified by Mr Drake at the plea hearing. You are 42 years of age, having been born in Belfast, Northern Ireland in April 1963. You came to Australia when you were about 9 years of age. Not long after that, your parents separated. You father was a chronic alcoholic. You have always been and remain close to your mother. She is still supportive of you. You have long had problems with alcohol and illegal drugs. Only recently have you actively been involved in any drug rehabilitation program. As to that, I have noted the reports of Mr Atkinson. You have had a number of physical health problems, and have been in receipt of a disability support pension for some years. Prior to that you worked at a number of jobs, mainly in the fishing industry. You also suffer from mental health problems as detailed by Dr Walton. He has noted that only recently have you been receiving proper psychiatric treatment for those problems. He has pointed to the need for more drug rehabilitation.
You have prior convictions, arising out of appearances before the courts on seven occasions between 1984 and 2003. There is no particular significance attaching to the several matters for which you received fines. Two convictions are much more troubling. The first is the conviction in May 1995 for intentionally causing serious injury, for which you received a sentence of two and a half years in prison. It seems that you stabbed a man with a screwdriver when affected adversely by alcohol and drugs. The second is the conviction in December 2003 for recklessly causing serious injury as to which you were placed on a community based order. It seems that the victim of a punch from you when you were drug affected had to receive several facial stitches. You have made the choice over the years to use and abuse both alcohol and illegal drugs. That choice which makes or tends to make you alcohol and drug-hazed has created a series of victims. Unless you make different choices in the future, you will find you have no choice but to spend undue time in prison.
Because of the serious nature of the stabbing of Terrence Anderson, measured against the background of previous court appearances, there is no question but that you must have imposed on you a substantial prison sentence. There are matters to be allowed for in mitigation. One is that you have pleaded guilty. That indicates remorse, and serves to your advantage for other reasons. I also take account of your disadvantaged past family situation, your disabilities, and your recent moves to address your serious drug and alcohol problems and your mental problems.
I have signed disposal and forensic sample orders, there being no objection to my doing so. I make the required declaration that you are a serious violent offender. I direct that it be entered in the court records. I am not proposing to increase the sentence as a consequence. I declare a period of 249 days by way of pre-sentence detention. I direct that be entered in the court records. On the first count of intentionally causing serious injury, I impose a sentence of 5 years and 6 months. On the second count of recklessly causing injury, I impose a sentence of one year, concurrent as to six months. The head sentence is 6 years. I fix a non-parole period of 4 years.
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