DPP v Brown [2026] VCC 57

1. There are no victim impact statements in this matter. However, their home being attacked in the early hours of the morning and the assault that followed, would have been a frightening experience for the whole family.

1. I have taken into account your personal circumstances as set out in the psychological report of Dr Jennifer Wright dated 16 July 2025[6] and your counsel's written submissions dated 12 December 2025 and 27 January 2026.[7]
2. You are now 40 years old. You were born in Victoria and grew up in Yarram in a sibship of 6. Your parents separated when you were in your mid-teens.
3. Your parents suffered from depression. You experienced violence at the hands of your father, who would use physical discipline if you did not complete your chores as a child.
4. Your maternal uncle committed suicide by way of self-decapitation with a chainsaw,[8] and your grandmother passed away when you were 16 years old. Both of these events were extremely distressing for you. It was around this time that you commenced using cannabis. You have been using cannabis regularly until about two years ago. You began using amphetamines around the age of 30. You have used GHB on approximately three occasions, including about 6pm on the night prior to your offending. You have now been clean for over 12 months while in custody. You have stated that you intend to stay clean for your and your daughter's sake.
5. You went to live with your father at around 16 years of age. You completed Year 12, following which you worked with your father as a plumber for two years. You trained as a firefighter and in 2013, completed a certificate III in plant operation.
6. Between 2017-2018 you were in a romantic relationship and fathered a child. Your daughter is now seven years old. There is a family violence order in place where the mother of your daughter is the protected person.
7. In terms of your mental health, you have been diagnosed with Schizoaffective Disorder. You have had numerous and longstanding interactions with the mental health system since 2007, including multiple inpatient admissions. You have overdosed on prescription medicine three times, in 2008, 2013 and 2017.
8. You were remanded on this matter in January 2025. During your time in custody, you have been placed in Thomas Embling for a month, and are now at the Erskin Unit at Ravenhall. You are currently receiving a depot injection.
9. You are supported by the NDIS, although your ability to engage with the NDIS was limited in custody.
10. You benefit from the support of your mother, who was willing to provide you with accommodation upon release should you not secure independent accommodation through the NDIS prior to release.

1. You have a relevant criminal history dating back to 2006. You have committed offences including contravening family violence intervention orders, stalking, using a carriage service to harass and menace, threats to inflict serious injury and drug possession, among others.
2. You have no priors for aggravated burglary. You do however, have a single prior for burglary in 2009.
3. Your most recent appearance, prior to this matter, was on 19 August 2024 in the Frankston Magistrates Court for a contravention of a family violence final intervention order. You were convicted and fined $1,600.
4. You have been placed on CCO's on several occasions, all of which you have subsequently breached. The last CCO was imposed in 2019.[9] You have also served a number of terms of imprisonment. Your last term of imprisonment[10] was imposed in August 2022 for offences including persistent contravention of a family violence order and stalking.

1. The offence of aggravated burglary carries a maximum penalty of 25 years' imprisonment. It is clearly an inherently serious offence. In this case, the offence occurred in the early hours of the morning when you knew the victim family would be inside. You entered your neighbour's property by kicking in the front door, and went onto assault one of the occupants.
2. I was told by your counsel that this offending occurred in the context of you believing that the victims had stolen, and were hacking into your phone. Your entry into their home was primarily to retrieve your property. I accept that this offending occurred in the context of your significant mental health issues. Your victims, who had no knowledge of your mental health issues, would have been extremely frightened to have been disturbed and attacked in the early hours of the morning. I accept that the offending was of relatively short duration, not committed in company, unsophisticated and did not involve the use of disguises or weapons. While your moral culpability is reduced, you remain, as indicated by your pleas of guilty, legally responsible for your unlawful conduct.

1. In addition to her oral submissions, your counsel, Ms Kushnir, relied upon written submissions.[11]
2. Ms Kushnir relied upon matters in mitigation which centred around your mental health and the application of Verdins.[12] She also highlighted the benefit of your plea of guilty and matters relating to your prospects of rehabilitation.

1. You pleaded guilty following a sentence indication on 12 December 2025. This has avoided a trial that was listed on 19 March 2026. While not an early plea, it has nevertheless facilitated the course of justice and you have taken responsibility for your actions. You have saved the community the time and expense associated with a trial, and spared your victims from having to give evidence before a jury. This entitles you to a sentencing discount.

1. Your counsel relied upon the report of Dr Wright to submit that all limbs of Verdins are enlivened.

1. Dr Wright assessed you on 22 May 2025 via video conference.
2. Dr Wright agrees with your prior diagnosis of Schizoaffective Disorder, noting that it is a permanent but treatable condition. At the time of the offending, Dr Wright opines that your symptoms were severe and unremitting. Dr Wright states:

Schizoaffective Disorder involves symptoms that overlap with symptoms of schizophrenia, depression, and/or mania. Mr Brown has experienced most (if not all of) the following. He has experienced symptoms that are similar to schizophrenia such as: hallucinations (hearing voices); paranoid and persecutory delusions (holding false beliefs); using disorganized speech (speaking in a way that does not make sense to others); adopting odd, confusing or fixated behaviours; losing interest in maintaining one's hygiene or self-care; finding it difficult to relate to other people. He has experienced symptoms that are similar to depression including: feelings of intense sadness that endure for two or more weeks; losing interest in the people, places, and activities that are most important to the person; changes in eating and sleeping habits; having lower energy levels than usual; having thoughts about death or suicide. The symptoms of Schizoaffective Disorder have impacted on his functioning across multiple life domains including his relationships with family and friends, and his ability to function in the home and to work. In my opinion at the material time these symptoms were severe and unremitting. Mr Brown's mental state might be vulnerable to being exacerbated by drug use, but in my opinion, his symptoms are not impacted by drug use at the material time.

In regard to the Aggravated Burglary [...] it is my opinion that Mr Brown's actions resulted from his delusional state. The delusions that Mr Brown was experiencing (and possibly auditory hallucinations of them talking about him) at the time of the offences directly and causally contributed to his offending behaviour. He thought his neighbours were purposely interfering with his phone in a malicious manner. When he went to their home in the early hours of the morning, he intended to confront them about this. His decision making and ability to evaluate the wrongness of his conduct, and reason with a moderate degree of sense and composure once there was impaired by his disordered mental state. As a result of his delusional beliefs, he did not know his conduct was wrong and he should not undertake these actions.

4. Although your mental state might be vulnerable to being exacerbated by drug use, at the time of offending, Dr Wright opines that your symptoms were not impacted by drug use. Dr Wright does say however that you have a number of Substance Use Disorders which appeared to be moderate at the time of offending.
5. Despite treatment in custody, your mental health has declined. You spent a month in Thomas Embling and currently reside in the Erskine Unit at Ravenhall. You currently receive depot injections.
6. In particular, that you were mentally impaired at the time of offending and that imprisonment is particularly burdensome for you as a result of your psychotic illness. On this point, Dr Wright states that:

Mr Brown is experiencing imprisonment as highly aversive [...] Imprisonment for people with psychotic illnesses can be extremely stressful due to the sensory deprivation and social challenges [...] long term imprisonment would lead to severe deterioration in Mr Brown's mental state.

7. Dr Wright assessed you as having a "very limited understanding of his diagnosis of schizoaffective disorder, nor did he agree with this diagnosis". Despite your reluctance to accept your diagnosis, you have complied with treatment including antipsychotic medications and a paliperidone three monthly injection in custody that you continue to take consistently.
8. In light of Dr Wright's unchallenged findings, I accept that all six limbs of Verdins are engaged. Your moral culpability is significantly reduced. Also deterrence, both general and specific can be significantly moderated. This is a case where I can give much reduced emphasis to denunciation.
9. Imprisonment is not going to assist your mental wellbeing in the long term. I accept that imprisonment has weighed heavily upon you and has resulted in deteriorating mental health.
10. Now that you have been clean for over a year and are taking your medication, assistance with ongoing treatment supported by NDIS will be the most beneficial way to protect the community long term. Your mental health will be monitored and your treatment will be administered by those who will be alive to inpatient treatment if that becomes necessary.
11. In terms of your prospects of rehabilitation, Dr Wright finds that:

Mr Brown will continue to be impacted by his mental illness in the long term. He requires life-long treatment. The degree to which he will experience symptoms over time will depend on multiple factors, for example his insight into this illness, his willingness to accept treatment, the level of stress he is experiencing in his life and the amount of social and professional support he has access to. In my view Mr Brown requires ongoing treatment with antipsychotic and antidepressant medication, and professional support for managing his mental illness to maintain his insight into the nature of that illness and his need for treatment. His current mental state is stable, and he is managing his illness relatively well. He needs some assistance to develop insight into the link between his illness and his offending behaviours, and the need for treatment in order to mitigate risk of future offending. If this treatment continues Mr Brown is not likely to become as severely unwell as he was at the time of his offending. If he were to deteriorate, having case management to intervene and admit him to hospital if required is also protective. Mr Brown's current treatment and support has been effective in managing his condition so that he is no longer as severely impacted by psychosis. He has also ceased abuse of alcohol and drugs in custody, and he has expressed insight into the fact they were causing him problems which is positive.

12. It is hoped that you maintain your medication regime and abstinence from illicit drugs. You have the support of NDIS[13] who will assist you in many ways, including co-ordinating relevant services, finding accommodation, and ensuring that you comply with CCO appointments. I was told that you will have access for up to eight hours per day of services in the community.
13. While your prospects of rehabilitation are very much guarded, if you can take advantage of the assistance that will be available to you, you may be able to live a law abiding life.
14. I revert again to the opinion of Dr Wright, who states:

If this treatment continues Mr Brown is not likely to become as severely unwell as he was at the time of his offending [...] He has also ceased abuse of alcohol and drugs in custody, and he has expressed insight into the fact they were causing him problems.[14]

1. On behalf of the prosecution, Mr Moutsias accepted that all Verdins principles were engaged. He submitted that regard needed to be had to the protection of the community and in light of your criminal history, specific deterrence remained relevant.
2. The prosecution conceded that if you were deemed suitable for a CCO that would be an appropriate sentencing disposition given the time you have served to date.
3. In line with my sentencing indication. I proposed to sentence you to time served and a CCO.[15]
4. Bearing the time you have spent in custody, I do not plan to make the CCO order onerous in length or special conditions. The CCO is designed primarily to assist you in your rehabilitation along with the NDIS support.

1. Having carefully considered all relevant circumstances and factors, Damien Brown, you are sentenced as follows:
   • On Charge 1, you are convicted and sentenced to 371 days' imprisonment.
   • On Charge 2, you are convicted and sentenced to 30 days' imprisonment.
2. In addition, on Charges 1 and 2 you are sentenced to a CCO of 12 months' duration.
3. The sentence on Charges 1 and 2 will be served concurrently.
4. This makes a total effective sentence of 371 days' imprisonment.
5. The CCO will commence upon your release from prison.
6. Every CCO has core conditions that you must comply with. They are set out in a document that you will be given. They include not committing an offence punishable by imprisonment and not to leave Victoria except with permission.
7. In addition to the mandatory core conditions, the CCO will also include the following special conditions:

(a) First, you must undergo assessment and treatment (including testing) for drug abuse or dependency as directed;

(b) Second, you must undergo any mental health assessment and treatment as directed;

(c) Third, you will be subject to supervision as directed for the duration of the CCO.

1. You must report to Frankston Community Correctional Services within two working days of your release from prison.
2. You need to understand that if you were to breach the CCO in any way, either by committing another offence or by not complying with any of the core or special conditions, then you could be charged with the offence of breaching the order.
3. The offence of breaching a CCO itself carries a maximum penalty of three months' imprisonment. So were you to breach the order, you would need to come back to court and face sentencing for that breach offence. In those circumstances, you could also be re-sentenced for the offences for which you have been placed on the order. You would then face the very real possibility of being sent back to prison.
4. So, there are serious consequences attached to any breach. Do you understand Damien Brown?
5. OFFENDER: Yes sir.
6. HIS HONOUR: Do you also understand all the conditions of the proposed CCO?
7. OFFENDER: Yes sir.
8. HIS HONOUR: Do you consent to being placed on a CCO in the terms I have outlined and to abide by all of its conditions?
9. OFFENDER: Yes I do sir.

1. Pursuant to s 18 of the Sentencing Act 1991, the period of 371 days of pre-sentence detention, is declared as having already been served in respect of this sentence, and I order that such declaration and its details be entered in the Court's records.

Section 6AAA declaration

1. Pursuant to s 6AAA of the Sentencing Act 1991, I indicate that had you pleaded not guilty and been convicted, I would have sentenced you to a term of 2 years and 6 months' imprisonment with a non-parole period of 20 months.

[1] Arraigned on Indictment No. R10172963 on 12 December 2025.

[2] The pleas of guilty were entered by you on 12 December 2025 following a sentence indication that I will sentence you to time served and a Community Correction Order.

[7] Exhibit 1; Supplemented by an Outline of Submissions for Plea dated 27 January 2026 (Exhibit 4).

[10] 12 months imprisonment with a non-parole period of 6 months.

[12] R v Verdins (2007) 16 VR 269 ('Verdins').

[15] Despite the CCO assessment report deeming your unsuitable.