DPP v Canavan [2026] VCC 182

1. The seriousness of your offending is reflected in the maximum penalties of five years imprisonment for recklessly causing injury, 10 years' imprisonment for false imprisonment and six months' imprisonment or 25 penalty units for the summary charge of trespass.
2. The Prosecutor, Ms Ftizgibbon, submitted that your offending was calculated and premediated. Your co-accused Ms Behr lured Mr Nichols under false pretences, and you were motivated to assist Mr Prior to obtain items from within Mr Nichols' apartment. You committed the offending in company; it was prolonged and occurred at night under the cover of darkness. At the time of the offending, you were wearing a hood and face covering which, Ms Fitzgibbon submitted demonstrated a degree of preparation and planning.
3. In respect to the charge of recklessly cause injury, Ms Fitzgibbon submitted that you struck Mr Nichols to a vulnerable part of the body and he suffered a fractured maxillary bone with swelling and bruising around the eye. Your offending was accompanied by an uncharged threat, and you breached the victim's privacy by entering the sanctity of his home. You acted together with your co-offenders and although you had different roles, you each jointly and actively participated in the offending. In these circumstances, she submitted your moral culpability was high. However, she noted you were not involved in luring the victim or the theft and you did not benefit from what she described as unsophisticated offending.
4. Your counsel Ms Buckley conceded that your offending was serious and would have been a frightening episode for the victim; you acknowledged as much in your record of interview. Ms Buckley submitted you did not know the victim, you had no reason to be involved and gained nothing through your participation. You were effectively present in case the victim did not hand over the property your

co-offenders had come to retrieve. 5. Ms Buckley acknowledged that the false imprisonment occurred in company, that you wore a face covering, although you removed it once inside the apartment, and that you issued a verbal threat. She noted there was no weapon involved and that the offending took place over roughly 10 minutes. Overall, she characterised the offending as unsophisticated and not particularly planned, emphasising that you were unaware of Ms Behr's earlier contact with the victim. 6. In relation to the charge of recklessly causing injury, Ms Buckley submitted that the punch to Mr Nichols' face was gratuitous and unnecessary. She argued that there was some overlap between Charges 1 and 2, as both involved the same victim, occurred over the same period, and formed part of a single episode of criminality. She further submitted that at the time of the offending you were significantly affected by drugs, felt paranoid while inside the apartment, had not slept, and had nowhere to stay. 7. On my assessment of the facts, the first offence occurred when you punched Mr Nichols in the face. The false imprisonment began almost immediately thereafter. Evaluating the seriousness of that offence requires consideration of the circumstances to which the victim was exposed. During the 20 minutes between 12:18 am and 12:38 am, Mr Nichols was taken to his apartment, threatened with further assault while you stood beside him in the kitchen, told he owed money, and was witness to Ms Behr removing items from the study, including the iPads that had been the subject of earlier discussions. You and your co‑offenders remained in the apartment for approximately 10 minutes. 8. I accept that you were not the instigator of the offending and that you had given little thought to its organisation or planning. I further accept that you had nothing to gain and in fact received no benefit from your involvement. Although the offending was unsophisticated, it would nonetheless have been frightening for Mr Nichols, who would have experienced pain and distress because of the facial fracture and bruising you caused.

1. Mr Canavan, you are now 37. You were born and raised in Victoria. You have got three older sisters, an older brother and a younger sister.
2. Your parents separated when you were four years old. Your mother left the relationship because of your father's violence. Your father worked in the trades, struggled with alcoholism, and spent periods in custody while you were young. After the separation, you lived with your mother but maintained regular contact with your father, with whom you were very close.
3. When you were 12, your father took you to New Zealand to meet your paternal and Māori family. Tragically, when you were 16 and staying with him for two months, he fell down a staircase while intoxicated. He was admitted to intensive care with neck fractures, and your family later made the decision to withdraw life support. His death had a profound impact on you.
4. You have always maintained a close relationship with your mother. In 2018, she suffered a double stroke and has not fully recovered. She receives support through the NDIS. Upon your release into the community, you plan to live with your mother.
5. You attended Parkhill Primary School in Ashwood and then Ashwood Secondary College until the end of Year 9. You later attended Swinburne Senior Secondary College in Hawthorn, completing Year 11 at age 16. You describe yourself as an average student but were suspended on several occasions for fighting with peers. You say you were bullied by older students and felt compelled to defend yourself.
6. After leaving school, you completed a 16‑week pre‑apprenticeship in painting and decorating at Holmesglen TAFE and worked in that field for two years. You later completed Certificates I and II in Horticulture and Landscape Gardening, also at Holmesglen TAFE. Your employment history since then has been intermittent, with periods on Newstart and JobSeeker between short-term work and periods in custody. You have worked from time to time for your brother‑in‑law's scaffolding company and have enjoyed that work.
7. Whilst in custody, you were hoping to start work in timber industries and at the time you saw Gina Cidoni, psychologist you had completed an induction. A close friend has offered you some work in a fencing business upon your release which you plan to start without delay.
8. You have two daughters with your former partner, Tara, with whom you were in a relationship from ages 16 to 24. You maintain monthly contact with Tara. Your younger daughter, Alisha, is 14 years old, lives with your mother, and is doing well. Your older daughter, Mackenzie, now 16, previously ran away from home, was placed in residential care, and currently lives with her partner in Geelong.
9. You commenced a relationship with Jade in 2020, and together you have a 19‑month‑old daughter who lives with Jade. You receive updates about her through your mother due to an intervention order preventing direct communication. You experience anxiety arising from your inability to communicate with Jade.
10. Regarding your substance use, you began using cannabis at the age of 14 and methamphetamine (Ice) at 17. Following your father's death, you developed a daily dependence on methamphetamine that continued for roughly two years. Although your use briefly decreased after your separation from Tara, eventually you returned to a daily pattern of use. Approximately two years ago you began using GHB, and your consumption escalated to as much as 80 mL per day.
11. Although three weeks before you entered custody, you experienced an overdose and spent two days in hospital. you resumed substance use immediately upon discharge. You have not completed residential rehabilitation, but you have engaged in AOD counselling and participated in prison programs available to you while in custody. You have remained abstinent from illicit drugs during this period in prison and have at times received methadone treatment.

1. At your plea hearing, your counsel Ms Buckley tendered a psychological report from Gina Cidoni dated 24 October 2025. A further psychological report from Jeffery Cummins dated 25 February 2015 was also tendered.
2. Ms Cidoni noted that your developmental history is marked by psychosocial disadvantage. From a young age, you reported being exposed to family violence, alcoholism and disrupted attachments, establishing a pattern of emotional insecurity and mistrust. Your father's death marked a decline in your mental health and wellbeing. You experienced significant grief and destabilisation, increasing your reliance on substances and peer-driven behaviours.
3. You have a history of long-term polysubstance dependence and depressive symptoms, attracting diagnoses of severe stimulant and sedative use disorders and moderate cannabis use disorder. Owing to your substance use, namely methamphetamine and GHB, you have experienced symptoms including agitation, paranoia, and sleep disruption, which in turn have led to repeated offending, interpersonal conflict and health risks. Your cannabis use has contributed to avoidance and low motivation.
4. In Ms Cidoni's opinion, which is consistent with the opinions of Mr Cummins and your treating GP, Dr Con Lahanis, your persisting low moods and hopelessness are consistent with Major Depressive Disorder. Ms Cidoni further identified personality features of emotional instability, impulsivity and self-defeating attitudes.
5. Ms Cidoni opined that your 'offending occurred within a context of substance-induced impairment, emotional dysregulation, and situational stress rather than premeditated intent'. At the time of your offending, you were using methamphetamine and GHB heavily, and concurrent cannabis use.
6. Your counsel, Ms Buckley, submitted that these matters should have some bearing upon your moral culpability for your offending. I agree that these factors explain and provide context as to why you became involved in the offending for which you are now to be sentenced. I have taken them into account.

1. Ms Buckley in her written submissions relied upon limb 5 of Verdins.[1] She contended this was enlivened as Ms Cidoni opined that your mental health vulnerabilities and trauma history make imprisonment more burdensome for you than most prisoners. Your ongoing depressive symptoms, anxiety, and residual withdrawal effects heighten your sensitivity to isolation and restriction, whilst limited coping resources increase your risk of psychological deterioration if therapeutic and pharmacological supports are interrupted.
2. The prosecutor, Ms Fitzgibbon conceded that limb 5 of Verdins is enlivened in your case.

1. You pleaded guilty at an early stage, before your matter proceeded to a committal hearing. Your counsel submitted that your plea has facilitated the course of justice, having spared the need for witnesses to give evidence and by sparing the court the time and cost of a trial.
2. Your counsel further submitted that your plea reflects an acceptance of personal responsibility for your offending. You also made admissions in your record of interview and assisted investigators. You acknowledged the victim's fear during the interview, demonstrating a degree of insight and some empathy.
3. In the circumstances, I propose to allow a significant discount for your plea of guilty. I also accept that together with the other factors mentioned your plea provides objective evidence of your genuine remorse.

Prior criminal history and prospects for rehabilitation

1. Having regard to your prior character, the prosecution, through Ms Fitzgibbon, highlighted your lengthy and relevant criminal history. She submitted you have previously received terms of imprisonment and community‑based orders for offending involving weapons, violence and family violence. You have twice been sentenced to community correction orders aimed at rehabilitation and contravened both, and you have also breached family violence intervention orders.
2. Ms Fitzgibbon submitted that your prior offending and repeated non‑compliance with community‑based orders are relevant to assessing your prospects of rehabilitation, as well as the need for community protection and specific deterrence. To this end, she submitted that your prospects of rehabilitation remain guarded, having regard to your criminal history, subsequent offending, poor compliance with community orders, longstanding substance abuse, moderate risk of violent reoffending and limited insight or acceptance of responsibility. She argued that your characterisation of your involvement as 'getting dragged into something you shouldn't have gotten involved in' minimises your role and indicates a lack of accountability.
3. Your counsel, Ms Buckley, conceded that your criminal history is both lengthy and relevant and therefore bears upon your prospects of rehabilitation. In the circumstances, considerations of specific deterrence, just punishment and protection of the community assume greater weight. However, it was submitted that your past offending occurred within the context of substance use. Relying on Veen v The Queen,[2] your counsel argued that although your 'continuing attitude of disobedience of the law' informs the sentencing principles, your prior history cannot justify a penalty disproportionate to the gravity of the present offending.
4. Ms Buckley submitted that you are not without prospects of rehabilitation. She pointed to your loving and supportive family and the availability of stable accommodation with your mother upon release, where you would also reside with your daughter Alisha and your older brother Josh. Further, she referenced your expressed intention to be a good father and a positive role model.
5. Ms Buckley further submitted that you have a strong desire to work and relevant qualifications, with fencing work available through a close friend. You also maintain contact with extended family in New Zealand and hope to return there with your children to reconnect with culture.
6. In your assessment with Ms Cidoni, you expressed a desire to avoid repeating past patterns and a motivation to break the cycle of offending. Ms Cidoni noted that you do not hold entrenched violent attitudes and assessed your risk of violent reoffending as moderate. She recommended residential rehabilitation to address substance use, along with pharmacotherapy, medical supervision and ongoing psychological treatment. While in custody, you have demonstrated stability, medication adherence and emerging insight into the connection between your substance use and offending. Ms Cidoni described your insight as 'fair', although situational rather than fully developed.
7. It is clear that you have a way to go on the path towards reformation. In my view, you will be more likely to succeed if you are supported and supervised in the community.

1. The principles that govern parity are well established. Equal justice requires that like offences be treated alike, but also that relevant differences between offenders be capable of being treated as justifying different outcomes.
2. The case against your co-offenders resolved on a different basis - neither were charged with recklessly cause injury.
3. You co-offender, Ms Behr was sentenced on 21 November 2025 on two indictments She was sentenced to a community correction order for a period of two years and six months. Ms Behr was 23 years old at the time of her offending and had a limited prior criminal history. Ms Behr suffered from mental health difficulties including PTSD, major depressive disorder and borderline personality disorder. The principles in Verdins and Bugmy, were engaged,[3] and her moral culpability was appropriately moderated. Crucially, Ms Behr spent 11 months at Windana rehabilitation facility where she was subject to the restrictions and punitive aspects involved in residential rehabilitation, which was appropriately credited as Akoka time as part of the instinctive synthesis. Additionally, Ms Behr had spent 261 days on remand which was taken into account although not formally declared as pre-sentence detention.
4. Jacob Prior has not yet been sentenced. His matter returns on 13 March 2026 for further plea and sentence.
5. Ms Fitzgibbon for the prosecution submitted that, unlike Ms Behr and Mr Prior, aged 23 and 24 respectively at the time of the offending, you do not have the benefit of youth available to you. You were 35 years old at the time of offending.
6. I have weighed these considerations into the sentence I intend to impose.

1. The purposes for which sentences may be imposed are just punishment, general deterrence, specific deterrence, rehabilitation, denunciation and protection of the community. In a case such as this general deterrence looms large. The sentence imposed must generally deter others and must reflect the denunciation of the community of this type of activity and protection of the community is relevant. I accept that specific deterrence has a significant role in the sentencing matrix given your past and subsequent offending history. The principles of parsimony and proportionality are also important sentencing considerations. That is, I must do no more than is necessary to punish you and such punishment must fit the gravity of the crimes committed.
2. In your case totality is an important issue. On my calculation since November 2024, you have been in custody for a total of 350 days yet only 151 days of pre-sentence detention is referable to this matter. You have been dealt with on two separate occasions for offending that occurred both before and after the offending for which you now fall to be sentenced.
3. I take into account the sentencing guidelines referred to in s5 of the Sentencing Act 1991,[4] where relevant in your case. I have had regard to several other relevant cases which together with the relevant sentencing statistics referred to, have assisted me to determine the sentencing landscape for this offending, whilst noting the inherent limitations with comparable cases and statistics I have found this research to be of assistance.
4. Mr Canavan, I had you assessed for a community correction order. You were assessed as suitable and a high risk of future offending. Given your previous history of non-compliance Corrections have recommended a judicial monitoring condition, which I intend to impose. The Corrections assessor considered you to have some insight into your offending, and to have demonstrated remorse and empathy for the victim. You recognise drug addiction as a major driver for your offending behaviour.
5. In all the circumstances, I consider that all of the relevant sentencing principles can be properly accommodated by a combination disposition in the form of a period of imprisonment with a CCO. I have had regard to the decision of the Court of Appeal in Boulton v The Queen which makes clear that:[5]

(a) A CCO is a flexible sentencing option that can be imposed for relatively serious offences that would have previously attracted substantial terms of imprisonment;

(b) A CCO is intrinsically punitive and, depending on the length of the order and the nature and extent of the conditions imposed, it is capable of being highly punitive;

(c) A CCO can provide substantial general and specific deterrence through the imposition of restrictive, coercive and prohibitive conditions; and

(d) A CCO demands an offender take responsibility for their behaviour, engage in treatment and positive activities, and refrain from undesirable conduct.

(e) A CCO can powerfully denounce an offender's conduct whilst simultaneously benefitting the offender and the community[6].

1. Mr Canavan you are convicted of each of the charges and you are sentenced to an aggregate term of 10 months' imprisonment and in addition you are ordered to undertake a community correction order for 22 months. This is a lengthy period and a significant punishment in and of itself. The conditions of the community correction order include:

(a) Supervision

(b) Assessment and treatment for alcohol and drug abuse

(c) 150 hours of unpaid community work; and

(d) Judicial monitoring

1. I intend to offset all of the treatment undertaken against the community work ordered.
2. In addition to the conditions that I have imposed, there are standard conditions that you must comply with. The first and foremost of these is that you must not commit any offences punishable by imprisonment during the 22-month period of the community correction order. This order will hang over your head for the next 22 months.
3. You need to report within two working days after your release from custody to your nearest Corrections office, which is the Dandenong GSO located at 46-50 Walker Street, Dandenong.
4. You are required to advise your supervising Corrections office of any change of address of where you are living or working within two clear working days, and it is a term of all community correction orders that you must submit to visits as directed and obey the instructions and directions of the Corrections officer. You cannot leave the State of Victoria without their prior permission.
5. Mr Canavan, if you reoffend you will breach the order. You will also breach the order if you do not comply with the conditions, both the standard conditions and those that I have imposed.
6. Now, I can only place you on a community correction order if you agree. So, firstly, do you understand what is involved in a community correction order.
7. ACCUSED: Yes, Your Honour.
8. HER HONOUR: And do you agree to undertake such an order.
9. ACCUSED: Yes, Your Honour.
10. HER HONOUR: So ordinarily we would generate and get you to sign that, but I will take into account your verbal acknowledgement that you understand and also that you agree to do the order, and you will need to sign that when you go to Corrections for your induction, after leaving custody.
11. OFFENDER: Okay.
12. HER HONOUR: Pursuant to s18 of the Sentencing Act,[7] I declare that you have served 151 days by way of pre-sentence detention and this is to be deducted as time already served from the sentence imposed.
13. HER HONOUR: In relation to s6AAA of the Sentencing Act, had you pleaded not guilty and been found guilty, the sentence I would have imposed is a head sentence of two and half years with a non-parole period of 20 months.[8]
14. HER HONOUR: Mr Canavan, a little bit more time to do, get your head right, get things organised. Hopefully that fencing work will be available for you. I don't know whether you want to put that on hold for a bit and get the community work out of the way.
15. OFFENDER: Yeah.
16. HER HONOUR: But it would be really great to see you working, living with your mum and being a father to your daughter or daughters and not offending.
17. The judicial monitoring will be 9.30 on Tuesday 22 September.
18. OFFENDER: Okay. Yeah, thank you, Your Honour.
19. HER HONOUR: All right, thanks.
20. Thanks to counsel. Thanks Ms Buckley for all your submissions, they were really helpful and if you could also thank Ms Fitzgibbon for hers, they were very helpful too.
21. COUNSEL: As Your Honour pleases.

[1] R v Verdins [2007] VSCA 102.

[2] Veen v The Queen [No 2] (1987-8) 164 CLR 465.

[3] R v Verdins [2007] VSCA 102; Bugmy v The Queen 249 CLR 571.

[4] _Sentencing Act 1991 (_Vic) s 5.

[5] Boulton v The Queen [2014] VSCA 342.

[6] Boulton v The Queen [2014] VSCA 342.

[7] _Sentencing Act 1991 (_Vic) s 18.

[8] Ibid s 6AAA.