R v Smith
[2005] VSC 366
•14 September 2005
| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
CRIMINAL DIVISION
No. 1531 of 2004
| THE QUEEN |
| v |
| JULIE SMITH |
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JUDGE: | TEAGUE J | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 23 May 2005 | |
DATE OF SENTENCE: | 14 September 2005 | |
CASE MAY BE CITED AS: | R v Julie Smith | |
MEDIUM NEUTRAL CITATION: | [2005] VSC 366 | |
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Criminal Law – Sentencing – Intentionally causing serious injury – Daughter stabbing Mother many times – Many mitigating factors – Imprisonment for 4 years – Short non-parole period
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APPEARANCES: | Counsel | Solicitors |
| For the Crown | Mr K. Gilligan | Office of Public Prosecutions |
| For the Accused | Mr D. McKenzie | Victoria Legal Aid |
HIS HONOUR:
Julie Smith. You have pleaded guilty to an offence of intentionally causing serious injury. You seriously injured your mother at your and her home at Broadmeadows on 27 January 2004. Later, I will briefly summarise what occurred on that night. I accept that what happened then has to be viewed in a much broader context. That context is one of decades of minor events, and of the interplay of two very different personalities.
The necessities of life threw together you and your mother, not only for your childhood, but for almost all of your life. You are the older of two children. You were born in February 1956 and will shortly turn 50. Your parents separated when you were in your twenties. Apart from a short period that you spent in Adelaide, you lived with your mother until January 2004.
I have been provided with, and have read, reports of two psychiatrists and two psychologists. I have also read the depositions. That material has examined extensively a number of matters that relate mainly to each of you and your mother. Others, like your father and your mother’s twin sister, had their part to play. But the main focus was on your mother’s physical problems, and on her personality problems and eccentricities, and on your personality problems and eccentricities. For many years, she has had major physical health and some mental health problems. You have had major problems with depression and anxiety. These problems were compounded by the major communication problems that existed between the two of you. There were many ways in which you dealt with your mother that troubled her. She was ready to let you know it. There were many ways in which your mother dealt with you that troubled you. Until January 2004, you did not retort physically. Occasionally, you retorted orally. You generally opted to seethe.
On a continuing basis, you were caused stress by the actions and words of your mother. In the period leading up to January 2004, you were beset by stresses from other sources too. Your mother’s physical problems were worsening. The burden of caring for her was increasing. The health of your father, to whom you remained close after he separated from your mother, was deteriorating. The property in which you lived needed to be maintained. It was the subject of some vandalism. Financially, it was difficult to meet all expenses out of a small income. In the overall scheme of things, the particular problem of how you prepared a meal for your mother to eat was relatively minor. But it seems to have been symbolic.
On the night of 27 January 2004, you prepared a dinner of lamb chops and salad for your mother. You thought that you had cooked the chops as she would want them cooked. She thought otherwise. She went from her bedroom into the kitchen to cook them further. You resented the implied criticism, and said so. She put down the tray and went back to her bedroom. The lamb chops were a metaphorical last straw. You took the tray on which was the plate with the chops. You hit your mother over the head with it. You then took a knife from the kitchen. With that knife, you stabbed your mother many times. The wounds were multiple. Given the number, they could easily have been, but were not, fatal.
Indeed your mother has lodged a victim impact statement with the court. Not surprisingly, she says that she does not want you to go to jail. She wants you to have ongoing treatment. The like sentiments, namely that the emphasis be on your being treated rather than punished, have been expressed in the reports of the professionals placed before me.
You were held on remand until you were granted bail on 7 June 2004. That was a period of just over 4 months. During that period, you spent some time in hospital and some in prison. After being granted bail, you have been housed at various places. You have also been supported in other ways.
Your actions in stabbing your mother were seriously wrong. If it were not for the combination of mitigating factors, I would have had to impose both a long prison term and a long non-parole period.
There are many mitigating factors operating in your favour. They include your obviously genuine remorse, your depression and anxiety problems, and your plea of guilty. You are scarcely an appropriate vehicle for general deterrence.
Because of the seriousness of the offending behaviour for which you have been convicted, I have concluded that I should impose a significant prison sentence. I sought a pre-sentence report mainly because it was my preliminary position that close to immediate release on parole would be more likely to provide a better result than would immediate incarceration. The report that I have received from Doctors Reid and Owens has provided sound support for that position in its conclusions, and in the grounds for those conclusions.
I propose to sentence you to a long period of imprisonment, namely 4 years. I also propose to fix a very short non-parole period. This course is one not often taken. I am satisfied that it is appropriate given the exceptional considerations that apply to you. You have spent 132 days in custody. I propose to declare that that period shall qualify as the non-parole period. The Adult Parole Board is meeting today. It will be for the Board to determine whether you will be granted parole – and subject to what conditions. You will only be granted parole if you accept those conditions. The basic conditions would include regular attendance on a community corrections officer who could be asked to report regularly to the Board. Specific conditions can be tailored by the Board to address your particular situation, as to assessment and treatment and otherwise. Conditions can be varied readily if necessary. You will remain under the supervision of the Board, and more directly under a community corrections officer, for the period of the sentence. Breach of the conditions can lead to cancellation of the parole by the Board. In such circumstances, the whole term of 4 years could have to be served in prison.
I have already arranged for a copy of certain documents to be provided to the Parole Board. I also direct now that a transcript of what I have said this morning be emailed or otherwise provided to the Board as soon as possible. You will remain in custody in this building until the Board has made a decision later today.
I attend to the formalities. I have signed the s.464ZF retention order, that course having been consented to. I declare that the period of pre-sentence detention is 132 days. I direct that that be entered in the records of the court. I impose a sentence of 4 years’ imprisonment. I fix a non-parole period of 132 days.
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