R v Hargreaves and McIntosh

IN THE SUPREME COURT OF VICTORIA	Not Restricted
AT GEELONG CRIMINAL DIVISION

No. 1430 of 2008

THE QUEEN

JOEL MICHAEL HARGREAVES

GLEN DOUGLAS McINTOSH

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JUDGE:	KING J
WHERE HELD:	Geelong
DATES OF HEARING:	Trial: 7 September to 18 September, Plea: Hargreaves 8 October 2008
DATE OF SENTENCE:	15 December 2009
CASE MAY BE CITED AS:	R v Hargreaves and McIntosh
MEDIUM NEUTRAL CITATION:	[2009] VSC 629

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McIntosh: Murder – Trial – 23 years imprisonment – minimum of 19 years.
Hargreaves: Murder – Plea – 20 years imprisonment – minimum of 16 years.

Unprovoked attack upon developmentally delayed youth.

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APPEARANCES:	Counsel	Solicitors
For the Crown	Mr BF Kissane	Office of Public Prosecution
For the Accused Hargreaves	Mr M Rochford	Brugman Mellas
For the Accused McIntosh	Mr J O’Sullivan	C Marshall & Associates

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HER HONOUR:

You, Joel Hargreaves, have pleaded guilty to one count of murder of Damien Mark Everett on 7 February 2008.
You, Glen McIntosh, have been found guilty after trial by a jury of the murder of Damien Mark Everett on the same date. You are co-offenders in the death of Damien Everett.
You, Joel Hargreaves, are 22 years of age, having been born on 29 December 1986.
You, Glen McIntosh, are 23 years of age, having been born on 1 October 1985.
The circumstances surrounding the crime of which you have either been found guilty or to which you have pleaded guilty are appalling. They would rightly distress any member of the community who became aware of them. The death of Damien Everett is the most pointless and inexplicable death that I have ever dealt with.
To understand these circumstances it is necessary to understand a little bit about the deceased man, Damien Everett. He was born in June of 1989 and was 18 years of age when he was murdered. He was not a particularly well child at birth nor during his adolescence and he was developmentally delayed by a couple of years. He ended up attending St Augustine's - a school in Geelong for those in need of some form of special education - until he was 16 years of age.
After leaving school he ultimately became involved with the CREATE Youth Centre. For a short time prior to his murder he had been selling The Big Issue in Geelong and living with friends in a Salvation Army home in Wyoming Avenue in Corio.
On this night, Damien Everett decided he wanted to buy some Coca-Cola. It was around 11 pm in the evening and the only place open that sold Coca-Cola near to where he was living was the Mobil Service Station, cnr of Purnell and Bacchus Marsh Roads in Corio.
At around 11 o'clock that night he went to the room of one of his housemates, Dwane Hall. He asked to borrow some money and was given $6.25. They also swapped mobile phones as Damien Everett's mobile phone was not working properly, so he took Hall's phone with him. He then went up to the Mobil Service Station in Corio on the Silver Razor Scooter which was part of the equipment at the home.
The service station was about a kilometre from his home and there is video footage of Damien Everett arriving on his scooter at the Mobil Service Station. There is video footage of him being in the Mobil Service Station, purchasing the Coca-Cola, his obviously friendly and happy demeanour when dealing with the console operator and then his exiting the premises on the Razor Scooter.
Whilst on the way home, Damien Everett rang his housemate, Dwane Hall, but due to the problem with Damien Everett's phone, whilst Hall could hear him, he could not hear Dwane Hall. This was some time after 11.30 pm on that evening.
Damien Everett was not seen alive again by anyone other than you two. His body was found outside the Corio South Primary School which was just near the intersection of Vermont Avenue and Marilyn Close in Corio, a short distance from his home. The silver Razor Scooter was leaning against the fence of the school and the bottles of coke on the ground. Damien Everett lay on the footpath in a pool of blood.
On the same day and night you, Joel Hargreaves, and you, Glen McIntosh, had been at the premises of Glen McIntosh's father in 55 Cox Road, Norlane, not very far from Wyoming Avenue in Corio, nor from Vermont Avenue and Marylong Close. It would appear that one side of Cox Road is Corio and the other side is Norlane.
You, Joel Hargreaves, were aged 21 at this time and you, Glen McIntosh, aged 22. You had both been drinking alcohol and smoking cannabis during that day. As indicated, you were at your father's premises. He also was drinking and would appear smoking cannabis as were a number of his friends.
Two young women came to your premises. They were Courtney Clegg and Tania Foord. They were both in State care and had been out earlier in that evening with friends. It does not appear that you knew either of these girls particularly well but, you, Joel Hargreaves, at least knew Courtney Clegg.
The evidence disclosed that you and the two girls spent the majority of your time in the lounge room of the premises in Cox Road listening to music, drinking and talking.
You both had a friend by the name of David Mooring. Mr Mooring was a person who suffered from psychiatric problems, including paranoid psychoses, usually drug induced, particularly from his use of cannabis. You were aware that he was described as paranoid and that he had in the past been hospitalised with mental health issues. On this night you, Joel Hargreaves, received two telephone calls from David Mooring indicating to you that he was in trouble and required help.
The calls appeared to indicate that he was in a taxi, that he was being chased by motor bike gangs, the Bandidos in particular, and that they were armed in some manner. You, Joel Hargreaves, told Glen McIntosh of the situation and you both determined to go and help David Mooring. You, Joel Hargreaves, armed yourself with a large black handled kitchen knife and you, Glen McIntosh, armed yourself with a very large black coloured steel torch known as a Maglite, similar to the one carried by police officers.
You were described by the witnesses at the house on that night as being angry when you left the premises and, in fact, you, Glen McIntosh, punched a hole through the plaster wall adjacent to the front door which was shown in the exhibit photos. You left the premises and eventually caught up with David Mooring who was in a taxi not far from your premises.
You, Joel Hargreaves, started to get into the rear seat of the taxi and you, Glen McIntosh, went around to the driver's door of the taxi. You opened the driver's door of the taxi at which stage the taxi driver, not surprisingly, feeling uncomfortable with the situation, took off with David Mooring still in the taxi. You, Joe Hargreaves, either fell out or jumped out of the taxi as it was taking off. But the situation was that the two of you were then left in the vicinity of Marylong Close. Whilst not exactly there, you were not far away.
It was equally clear to both of you that your friend David Mooring was not in any form of trouble and was not being pursued by bikers. What occurred after that is, to a large degree, unknown with any form of real precision, in that the only version that has been put forward is the version put forward by you, Glen McIntosh, which was clearly rejected by the jury. Having heard the evidence, I agree entirely with the rejection of that evidence by the jury. It was unbelievable and highly implausible.
What is clear is that the two of you came across Damien Everett in Marylong Close near the State School. He was on his way home after purchasing the Coca-Cola. You, Joel Hargreaves, while armed with the large kitchen black handled knife, stabbed Damien Everett at least four times in the back and other wounds to his head. You, Glen McIntosh, struck Damien Everett to the head several times with the steel torch, at least four times, but probably more.
Three of the stab wounds to the back were described as life threatening and two caused penetration of the lungs and chest. The blows to the head were struck with such ferocity that Damien Everett's skull was shattered. The torch itself was distorted. I am not capable of concluding beyond reasonable doubt that the distortion was caused by the striking of the torch to Damien Everett's head but, despite that, I am satisfied that the blows were struck with a great deal of ferocity, because that is the evidence of the pathologist, Professor Stephen Cordner.
Each of the wounds you inflicted either to the head or the back would have caused the death of Damien Everett. Professor Cordner also said that Damien was alive at the time of the infliction of the stab wounds and also alive at the time of the blows to the head. He cannot say, with any precision, the order in which the injuries were inflicted.
You, Glen McIntosh, gave evidence that you were acting in defence of another, being Joel Hargreaves. The jury clearly rejected that and I am satisfied that you were both present at the time of the infliction of these injuries.
I am satisfied that you, Glen McIntosh, were present for the start of this incident and that you did not become involved at a subsequent time. There is nothing in the material to support that except your evidence which I have rejected.
No motive for this killing has been put forward apart from that of self defence which was clearly and rapidly rejected by the jury. Some items were taken from the body of Damien Everett but the Crown do not put forward robbery as a motive. Whilst the taking of those objects may have indicated some intent to rob Damien Everett, your behaviour in arming yourselves on leaving the premises at Cox Road were clearly not motivated by any plan to commit a robbery or any plan to assault anyone but on the basis that you were going to assist your friend, David Mooring.
Thus, this remains a motiveless crime. It makes this a senseless, barbaric, appalling murder of a young 18 year old man for no reason other than that he was on the street in the wrong place at the wrong time.
Your statements to the girls, Courtney Clegg and Tania Foord, upon your return to the premises indicate to me quite clearly that this was a crime that you committed together.
The statements indicated that you, Glen McIntosh, knew Joel Hargreaves had stabbed Damien Everett and whilst he was lying on the ground and making noises, you hit him with a torch.
You returned to the premises at Cox Road. You had the torch with you which still clearly had the blood of Damien Everett upon it. You, Joel Hargreaves, had the knife, equally covered in blood.
You, Glen McIntosh, had the deceased's cigarette case and his folding pocket knife. His wallet remained lying near his body in Marylong Close. You, Glen McIntosh, made statements to your father about what you had done as well as statements being made to the two girls about what you had done and what had occurred. They were predominantly made by you, Joel Hargreaves.
There appeared to be little remorse or regret for your actions in what either of you said to the girls. Although the statements made by you, Glen McIntosh, to your father indicated at least some regret about what had occurred.
You did, at some later stage, go to where the body of Damien Everett was but returned when you saw that persons were there. This was said to indicate your regret and checking to see if he was all right. I do not accept that as indicating any form of remorse.
I am totally satisfied that you were aware he was dead before you left the scene. You suggested in evidence that you never told your father any of the things that were stated by him and that you never had possession of the items that he claimed he saw you with.
In light of when his statement was taken by the police, it is my view that your father was clearly telling the truth as he would not have been in a position, at that time, to either see those items to which he referred or, to know the information he gave to the police without those statements having been made and those items viewed by him.
Ultimately, the torch and the knife used to kill Damien Everett were placed with his cigarette case and folding pocket knife, wrapped into plastic bags and taken by Tania Foord and put in a communications pit outside No.47 Cox Road. The two of you then went to bed.
Tania Foord left the premises and contacted the police in the early hours of the morning and at around 11 am the next day you were both taken into custody.
Meanwhile, Damien Everett's body was found by a taxi driver lying on the footpath where you had left him. He called the police and the ambulance and, ultimately, when the ambulance attended, they found Damien Everett to be deceased.
When you were arrested by police you both gave records of interview in which you told lies. The police, on searching the premises, also found the mobile phone that Damien Everett had been carrying which belonged to Dwane Hall. They also found the items located in the communications pit, including the murder weapons and Damien's cigarette case and knife.
As indicated, you, Joel Hargreaves, pleaded guilty to this offence of murder and are entitled to the mitigation of penalty that flows from such a plea.
You, Glen McIntosh, pleaded not guilty in relation to this matter and ran your trial. You are not entitled to the mitigation of a plea of guilty, but neither are you to be punished additionally for exercising your right to contest the trial. It does go to the fact of potential demonstration of remorse and regret for what has occurred.
In this case I have received seven Victim Impact Statements, all of which are applicable to both of you. They were from Damien's mother, Gail Roberts, his father, David Everett, his sisters, Emma and Sarah Everett, his grandmother, Maureen Everett, his grandfather, Robin Everett, and his other grandparents, Joan and George England. All of them refer to the emotional trauma that they have suffered.
The clearest things that these Victim Impact Statements demonstrate is that Damien Everett was loved, much loved. A much cared about son, grandson and brother. So many lives have been hurt and damaged by what has been done to Damien. Nothing that this court does in the way of punishment will bring him back to those that loved him, and nothing will take away the pain that they feel.
I would particularly like to mention and read to you a part of what David Everett, Damien's father, had to say, it is one of the most balanced and calm and generous Victim Impact Statements I have read, but the pain he feels is equally as evident.
To me a civilised society has a justice system like ours, one in which the
community is in judgment of a fellow member of society. It is a fair and just system of enforcing the law. I cannot forgive those two people for what they did to Damien, but I do see the butterfly effect which has rippled through my family and friends and has also rippled through the McIntosh and Hargreaves families. Six weeks before Damien died, both of us made a split level outdoor decking. I am reminded of this by a small brass plate on the lower deck. It says, 'Built by Damien, assisted by dad. December 07'. This memory is remembered fondly and it helps.
This court cannot repair the damage done and I hope that all of those who cared about Damien will, in the future, at some time, be able to think of Damien and smile and just remember the love they had for him rather than the pain of this event.
I have to, and I will bear in mind, what is contained in those statements when determining the appropriate penalty to be imposed. I also have to take into account the personal circumstances of each of you.
As indicated, you, Joel Hargreaves, are 22 years of age, having been born on 29 December 1986. You were arrested and charged with murder on 8 February 2008. The committal proceedings were held in November of 2008 and around Christmas of that year you indicated your willingness to enter a plea of guilty to the charge of murder. A charge of armed robbery in relation to Damien Everett which had been laid at the same time as the murder, was not proceeded with. In April of 2009 you were formally arraigned and you pleaded guilty to one count of murder. Accordingly, it can, and should be, described as an early plea of guilty.
You are the eldest of four children, having been born and lived around the Geelong/Corio area. Your mother is aged 47 and works in a local fruit shop. Your father is aged 49 and works as a cleaner. Your siblings are Jessie, 21, unemployed, Cody 19, who works in a shop. Maddison, sister, 16, who attends school.
Your parents lived in different rental accommodation as you were growing up and you attended different primary schools around the Geelong district, ultimately attending Bellarine High School and then Corio High School until Year 9. At the age of 16, you spent one year at the CREATE Youth Centre, which was a special education facility as well, also attended by Damien Everett, although clearly he attended at a different time.
You enjoyed sport, and were involved in football and cricket, playing in junior levels in and around Geelong. You had a very limited employment since leaving school at the age of about 16. You worked briefly as a labourer, a cleaner at a nursery; you had a part-time job which was possibly your longest, serving food and drink at football matches which you did for approximately three months.
Prior to the offending in relation to your family, your parents had separated when you were aged around 19 to 20. Your father left the family home and your mother could no longer afford the rent. She moved to other premises but there was insufficient room for you to reside there. Your father had your brother Jessie living with him in Norlane and your mother had Maddison and Cody residing with her. It is clear that there was no particular place for you, but you apparently get on well with both of your parents and your siblings.
Like many others who come before me, you have a significant history of alcohol and drug abuse. You commenced using cannabis and alcohol at around the age of 14, becoming a daily user at the age of 15. This is also the same age at which you commenced using amphetamines. You have a number of prior appearances in the Children's Court in Geelong, commencing in August of 2000, when you appeared for unlawful assault, theft and stating a false name. You were placed on probation for nine months. From then on, you appeared approximately on another eight occasions between 2001 and 2004. Those charges were either for theft related matters or possession of liquor under the age of 18. You were placed on Youth Supervision Orders, probation with conditions and fines.
You have been attending Barwon Head Space, a psychiatric division of Jigsaw Young Persons' Health Service, which is, as I say, a division of the Barwon Health Service, since 2004. You presented at that time on a referral from your paediatrician for problems including social withdrawal and anxiety and chronic marijuana use. You described to those in charge long term depressive symptoms, significant anxiety on leaving the house and concern that you were going to be hurt. You had been using marijuana regularly for two years and binge drinking at that stage.
The Service found that there was no clear evidence of any psychosis and it appeared that some of your concerns as to your health and welfare issues upon leaving the house were well founded, and that your family agreed with the potential dangers that you faced. There was a family history of depression and anxiety, and treatment for your depression was initiated at that time. You were commenced on antidepressants, and attempts were made to engage you in further treatment and in reducing your social avoidance. You unfortunately did not engage well with the Service. Medication appeared to have some improvement and you attended periodic psychiatric reviews. You reported yourself more stable and less depressed.

In 2005, you withdrew from marijuana usage. You appeared to benefit from that. Your low moods and anxieties became more limited. You were still circumscribed in your ability to be out in public, continuing to express fear that you would be attacked on the streets of Corio and only felt safe if you were out with a group of friends. You also reported carrying rocks in your pocket at time in case you needed to defend yourself, although you denied any intent to specifically harm anyone else.
In late 2005, you ceased contact with that Service, although you did continue to attend a local GP for prescriptions. You had resumed cannabis use, had lost weight and ultimately it was arranged for your antidepressants to be changed when you were seen again in November of 2005. In February of 2006, you completed a detox process and you remained drug free with the support of your worker at least until you were discharged from follow up in August of 2006.
You were again seen by Dr Paul Hantz in June of 2007. At that stage your general practitioner was concerned that you were becoming depressed again. Your social anxiety had continued unabated and you remained socially restricted. You had reduced contact with old friends and you described some panic attacks and reported frequently getting very angry.
You reported very little cannabis use and there was a determination that there was no evidence of any psychosis. You expressed to Dr Hantz a desire for help. That you had future goals which included a job and a girlfriend but you could not see your way to obtaining them.
Your medication was again reviewed and you were encouraged to work with one of the psychologists in relation to ending your feelings as well as attending activity groups at Jigsaw. Whilst you initially agreed, you failed to attend any further appointments and your case was closed at Jigsaw in August of 2007 and your GP informed.
It is reported that you attended the Geelong Hospital on 5 January 2008 in the Emergency Department at approx 3 am in the morning having allegedly been assaulted and stabbed by unknown persons. You had a superficial stab wound which was sutured. You were sent home for review by your local GP. When you were at the hospital you presented with good, normal vital signs and stable observations. Your offending occurred approximately a month after this.
There was also a report tendered to the court on your behalf from Mr Geoffrey Cummins, psychologist, who saw you on one occasion on 9 September 2009. You reported to Mr Cummins that at around the time of your involvement in this offending you were unemployed and not taking any of your mood stabilising medication.
You told him you were drinking excessive quantities of alcohol being beer and vodka on a daily basis and abusing cannabis, amphetamines via intravenous usage, crystal methamphetamine and Xanax.
You stated to him that on 7 February continuing through and immediately prior to the offending you were under the influence of alcohol and "pissed." You stated that you had taken approximately six to seven Xanax and injected approximately .5 of a gram of speed or ice. You said you were smoking cannabis throughout each day and each evening and smoking an average of an ounce of cannabis a week.
At the time, you said you were in receipt of a disability support pension which you had been on for the last two years. You further stated that immediately prior to the offending you told him you had been on mood stabilisers, Olazapine and Avanza for approximately 12 months.
You also stated to Mr Cummins that you went through an extended phase of paranoia where you thought people were chasing you. You said that there were "a couple of times I quit smoking dope but the longest time was about six weeks."
You stated that you never underwent any residential drug detoxification or any residential drug rehabilitation and said that the marijuana detoxification referred to in the report of Dr Hantz was a home detoxification process.
You described what happened on this night to Mr Cummins in the following terms,
This mate, Dave Mooring, phoned me and said people were chasing him.
He was paranoid. He had been in a psyche hospital because he had used too much speed and ice. He asked me if we would go and help him so I grabbed a knife and Glen McIntosh took a torch. Dave said he was being chased by a carload of Bandidos. We set off to walk to Dave's place but on the way we met him in a cab. We spoke to him. We thought he was OK and then we were walking back home and we ran into this guy we'd never seen before. I can't remember if he was on a motorised scooter. I must have been so off my head. I remember that we started arguing and I've only got flashes of memory of this. I saw he had a knife. I remember we wrestled and I got out my knife and I started stabbing him and then Glen started hitting him. I then sort of realised that we had injured him and we just ran off.
Mr Cummins, in his report, at p.5 under "Opinion" in conclusion stated:
Based upon his comments at interview, it is my opinion it is very probable at
the time of offending he was regularly experiencing symptoms of a cannabis induced psychotic disorder with delusions. In my opinion, his reports about believing people were after him were most probably reports of a cannabis induced psychotic disorder to be distinguished from him suffering from a general psychosis. In my opinion, at the time of offending he would have also been diagnosed with a chronic adjustment disorder with mixed disturbance of emotions and conduct. This adjustment disorder having developed in the context of his chronic drug use. I also formed the opinion, based upon interviewing Mr Hargreaves on the 9 September 2009, that he still had not adequately come to terms with his parent's separation. In my opinion, he was therefore still experiencing symptoms of an ongoing and unresolved grief reaction in relation to his parents separation at the time of offending in February 2008.
With the greatest of respect to Mr Cummins, I do not accept his conclusions that you were suffering from, in all probability, a drug induced psychosis at the time of the offending. You had been under treatment by Dr Hantz for a period of some years. On each occasion the psychiatrist found no evidence of any psychosis, including, and up to, the end of June 2007. This offending occurred approximately seven months later and the paranoia to which he referred has been evident in your dealings with Dr Hantz for many years.
Your parents and siblings continue to visit you in prison, as well as some friends. At the time of the offending you were residing with Glen McIntosh and his father at their premises in Cox Road, Norlane. It was clearly a house in which alcohol and illegal drugs were readily available and often consumed. I have no doubt that you were affected to some degree by alcohol and cannabis on this evening. That, of course, does not, in any way, excuse or justify your behaviour. What it does is, to a degree, perhaps explain your lack of inhibition and social reality such that you became involved in such an appalling attack upon another human being.
You, Glen McIntosh, at 23 years of age, having been born on 1 October 1985, also have a number of prior appearances before a court commencing in the Children's Court at Geelong n March of 2000, July of 2000, October of 2000 and December of 2000, for a total of two counts of wilful damage, three counts of theft, one count of trespassing, for which you were either fined or placed on probation.
In 2001 you appeared in the Children's Court twice. The first being in November on three counts of theft for which you were released on probation for six months, with a special condition that you attend at CREATE Youth Centre, and the second appearance, again in November, for damaging property potentially and sentenced to pay a fine of $400.
In February 2000 again before the Children's Court, possessing and consuming liquor under the age of 18, for which you were fined, and in October 2003 you appeared for the first time before the Magistrates' Court on a count of criminal damage and four counts of theft. You were given an eight month community-based order with 120 hours of work and were to attend educational assessment and treatment for alcohol and drug addiction and to submit to medical, psychiatric or psychological assessment as directed. That was breached in June of 2004 and your order was extended for 12 months and 130 hours of unpaid community work. You breached that again in August of 2007 and you were sentenced ultimately to a period of seven days' imprisonment on each charge, concurrent with each other and concurrent with the sentence imposed in August of 2007.
On 19 July 2005 you appeared in the Magistrates' Court at Bendigo with a series of offences, the most serious of which was causing injury intentionally, making a threat to kill, theft, failing to answer bail, and recklessly endangering serious injury. On those charges you were sentenced to a term of imprisonment of two months to be served concurrently on a series of other charges predominantly relating to motor vehicle driving offences.
In August of 2007 you were convicted at the Magistrates' Court at Geelong on two counts of burglary, five counts of theft, failing to state your name and address and possession of a Schedule 8 poison. In a long and complicated sentence, the result was that you received a sentence of five months in total. Three months to be served immediately and two months suspended for a period of 12 months.
You are also currently on remand in respect of offences relating to the possession and discharge of a firearm. I am unaware of the circumstances of that, but I was informed by your counsel that it is likely to resolve into a charge of being a prohibited person in possession of a firearm which will be heard in the County Court in the January sittings.
Your background childhood and upbringing can all be described as appalling. It would appear that the persons who truly cared about you were, in fact, your grandparents. You, and twin brother, Neil, were born to your parents approximately two months premature. You were described as a sickly child and your parents separated shortly after your birth. Your mother left your father and, it would appear you and your brother also, to form a relationship with a man by the name of Geoffrey Greagan. They ultimately had another child, a daughter. That relationship between your mother and Greagan was described as violent and Greagan eventually murdered your mother and your 18 year old half sister before committing suicide himself.
You had been living with your father with your paternal grandparents. Your father was really incapable of looking after you for most of your life and he was a significant alcoholic who also suffered from schizophrenia and ultimately it fell to your grandmother and her partner, Jack Ayre, who was not your biological grandfather, to ultimately raise you and your brother.
Your grandfather has been present in court throughout this trial and the plea hearing and has been what appeared to be virtually your only support. Your grandmother died some two years ago. He is yet another victim of this crime.
You and your brother attended Corio South Primary School and your father was best described as being in and out of your lives, moving home when his relationship with whatever current girlfriend fell apart and then moving out upon finding another girlfriend with whom to commence a relationship. Sometimes you and your brother were taken with him, sometimes you stayed with your grandparents.
One of the persons with whom your father resided, a man by the name of Andrew Bignall, sexually assaulted you when you were in approximately Grade 4 or 5, for a period of some three to six months. This is not something that has been disclosed to many persons, as you are reluctant to recall it or talk about it. You have stated that from that period you started getting into trouble at school, failing your subjects and ultimately you were expelled from primary school. As indicated, your father suffered from schizophrenia and was a significant consumer of cannabis as well as alcohol and often used to blame you for the death of your mother and sister, saying that you would pay for that death.
When you were a teenager, you observed your father involved in violence, including stabbing someone during one of his badly schizophrenic phases. At high school, you and your brother Neil were diagnosed as having attention deficit disorder and placed on medication of Dexamphetamine. You clearly enjoyed it and you commenced to abuse this medication. It would appear that your brother may not have done so, as he, despite having had a life similar to yours, has not been in trouble and has gone on to make a good life for himself, moving out of the State and commencing a profession.
I was informed that whilst at school you became involved in taking drugs, drinking, truancy and breaking the law, and that is clearly evidenced from your prior criminal history in the Children's Court. You were using all sorts of drugs, including injecting amphetamine and alcohol. You managed to get some odd jobs but nothing of any substance. When you attended CREATE, you managed to complete Year 10, indicating that you are not unintelligent.
When you were aged about 17, you met a young woman with whom you had a relatively lengthy relationship. You moved with her to Bendigo and that corresponds, as your counsel submitted, with the years between 2003 and 2005 that you were not before the courts. You were working as a roof tiler or shearing. You had a house that you were renting with your partner and your life was normal for one of the earliest and I suppose longest period of your time on this earth.
But unfortunately that relationship broke down and you eventually returned to Geelong. When you did return to Geelong, you moved in with the same old group, living with your father off and on, living occasionally with your grandfather and recommencing the use of drugs. It was shortly after your return to Geelong that you went to gaol for the first time, for three months. As indicated, it was around August of 2007 that you received the three months imprisonment, and it was a very short time that you were out, approximately a month, before you committed this offence for which you are to be sentenced.
In that time you were consuming large quantities of drugs and alcohol. You were seen by a forensic psychologist, Dr Michelle Worshop, who prepared a report on 18 November 2009 which is Exhibit 2 on the plea. In her lengthy summary and recommendation, Dr Worshop refers at length to what may have happened if you had not had such an appalling dysfunctional upbringing and then continues:
It should be noted that Mr McIntosh's childhood circumstances, namely loss,
instability, attachment issues, parental dysfunction, sexual abuse, his exposure to violence, are considered key indicators that early behavioural and emotional problems and later antisocial, legal and substance abuse problems. Whilst Mr McIntosh's childhood circumstances do not excuse his offending behaviour they do help to explain it. In short, Mr McIntosh has a range of unresolved emotional problems and habitual responses appear to drive his underlying emotional turmoil, his substance use and his offending behaviour. Mr McIntosh lacks insight into his particular problems and issues and intensive psychological intervention is recommended so that he can understand how his childhood circumstances and later experiences impacted upon his emotions and coping abilities, which are, in turn, driving his tendency to give into peer pressure, his substance abuse and his offending behaviour. Whilst Mr McIntosh has articulated strategies for remaining substance free in the future the reality is that substance abuse is an addiction and because of the physical and psychological dependence associated with it and the barrier it provides to pain and emotional distress, most substance users find it very difficult to abstain without long term and focussed therapy and support. Similarly, while Mr McIntosh has shown a little insight into his particular issues and problems, he still lacks insight into his behaviour and his cognitive distortions are such that he tends to minimise his negative behaviour without taking full responsibility for it. Moreover, his pessimism and lack of self esteem tend to make him passive at times and thus he will need long-term and focused therapy and support in order to address these issues. Mr McIntosh has learned a number of quite dysfunctional ways of coping and functioning that appear to have become habitual for him and the reality is he needs to learn new positive and more productive coping skills in order to make the necessary changes in his life in the future.
I have read the reference provided by your grandfather, Jack Ayre, and I have to say he appears to be a very decent man who has stood by you throughout all of this.
I accept that you are motivated to do more with your life but I agree with Dr Worshop, you will need a great deal of assistance if you are ever to have an opportunity of becoming a normal member of our community.
In respect of this crime, as I indicated, it is a dreadful crime and dreadful case of murder. It is pointless savagery and a crime that makes us all despair for what has happened to the community in which we live. Both of you were clearly angry that night and you took that anger out on a young man that you had never met, never spoken to and who had done you no harm. All he was doing was going home after buying a couple of bottles of Coke.
It is clear from the savagery of the wounds inflicted upon him both to his back and to his head that it demonstrates the involvement of both of you separately. That you took your anger out on him with a degree of force and violence that is horrific.
Whilst I have to deal with all of that, I have to balance those matters with all of the other matters to which I have referred which includes your personal circumstances which are far from good. The plea of guilty in your case, Joel Hargreaves. Your ages, as you are both young men. You were young men at the time, you remain young men, and I have to try and ensure that the sentence I impose is just and fair. One that takes into account, as I indicated, all of those personal circumstances but also things that matter to the community, general and specific deterrence which both have a significant part to play in a crime of this nature.
I have to ensure that what I do impose in the way of sentence does not crush you. There must be some hope for your future. I hold some hope, although limited hope, that you both have some prospect of rehabilitation due to your youth.
If you seek and take the assistance that is available to you whilst you are incarcerated then you may have some hope for the future. Without that, I would be far from optimistic about your long-term chances of rehabilitation.
I find no basis to distinguish your roles in respect of this murder. I consider that you were equal participants.
Accordingly, in relation to the sentence, you, Joel Michael Hargreaves, are convicted of murder and sentenced to be imprisoned for a period of 20 years.
In relation to you, Glen Douglas McIntosh, you are convicted and sentenced to be imprisoned for a term of 23 years.
The minimum term I shall impose upon both of you will result in a longer than normal period on parole on the basis that each of you are still young and will need as much assistance as you possibly can if you are ever to rejoin society in the community as genuinely participating citizens.
Accordingly, Joel Hargreaves, I direct that you are to serve a minimum of 16 years before you are eligible for parole and, in respect of you, Glen McIntosh, you are to serve a minimum period of 19 years before being eligible for parole.

Pursuant to s.6AAA I state that the sentence I would have imposed on you, Joel Hargreaves, but for your plea of guilty would have been a sentence of 23 years with a minimum of 19.
I declare that 675 days has been served by way of pre-sentence detention and such should be noted in the records of the court.
The disposal order and a retention order in relation to Mr Hargreaves are granted.

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[2009] VSC 629

15 December 2009