DPP v Chapman [2026] VCC 470

No more talking. Hope you're ready for this reminder of when we met at Brownie's and we all about stabbing comps, and someone said, 'Fuck that, I'm not going against Deanie-o.' Now I'll show you why. Sweet. I'll come there now. Good fun. I rang her several times last night, and you know I'm not around. Believe me. Bye-bye.

1. On 27 December 2024, at approximately 1.30 am, your victim was at home with her partner and her three children, who were asleep in their bedrooms. As she was about to go to sleep, she received a notification on her phone from her CCTV security cameras and saw you on the feed.
2. You were captured on CCTV entering the front gate in possession of garden shears.
3. You approached the front door and spoke to your victim. She told you the children were inside and not to enter the house. You then punched a hole in the glass windowpane next to the front door, put your hand through the hole, and unlocked the front door to enter the address.
4. As you entered through the front door, whilst holding the shears, you pushed your victim against the wall.
5. Once inside, you used your left hand to punch her three times, including to her jaw and face, and then once or twice with your right hand. At some point, you told your victim you would kill her. You kicked her twice to the stomach and rib areas, before her partner, armed with a bat, came out of a bedroom and interrupted, telling you to leave.
6. You left the address, and in doing so, caused damage to your victim's 2012 Nissan Navara utility, by hitting both rear view mirrors and passenger and driver's side panels.
7. Your victim called Triple 0 for assistance. You were arrested the following morning and provided a no-comment record of interview.

1. Aggravated burglary is a serious offence, made clear by the 25‑year maximum imposed by Parliament.
2. This offence was committed in a familial environment. Any act of domestic violence is concerning, given its prevalence in the community.
3. Your offending was committed during the night, after sending a threatening text message, while the victim, her partner, and young children were present in the home, and you were in possession of garden shears. You smashed the window of the home. While there is no assault charge, the fact that you assaulted your victim, once in the home, is aggravating. It would have been utterly terrifying.

1. I received a victim impact statement from your victim. She outlined her anxiety following your offending, stating:

Any noise outside, particularly dogs barking, immediately puts me on edge and makes me feel unsafe. I constantly check my doors and windows to make sure they are locked.

1. She struggles to relax and feel safe in her own home, suffers panic attacks, and finds it difficult to leave the house unless absolutely necessary.
2. Clearly, the impact of your offending is substantial and ongoing. Your victim has a right to feel safe in her own home, and you have destroyed that feeling.

1. While yours is a late plea of guilty, there is nevertheless utility in it. You have saved the court and the community the time and expense of running a trial, and you have spared your victim and other witnesses the ordeal of giving evidence at trial. You have therefore facilitated the administration of justice, and are entitled to a discount for doing so.
2. Your plea is an acceptance of your actions, and demonstrates some remorse. I note, there is no remorse apparent beyond that inherent in the plea.

1. I turn now to your personal circumstances.
2. You are now 55 years old, having been born in August 1971, in Warrnambool. You are an unreliable historian, and I received somewhat conflicting reports, but I understand your mother died when you were two years old, and you grew up in the care of your grandmother, until she died when you were 19.
3. You had limited contact with your father, due to his alcoholism; however, you managed to re-establish a relationship with him as an adult.
4. You have one sister, with whom you have apparently reconnected in recent times.
5. You report that you were subject to physical abuse as a child by your uncles, who frequently stayed with your family. You recall instances where you were forced to bathe naked in front of your uncles, and were whipped with canes while unclothed.
6. These experiences caused you significant mental distress over the years. You report having flashbacks, intrusive thoughts, and heightened anxiety, especially since being in custody, where there are fewer distractions.
7. You commenced your schooling in Footscray before moving to Sunshine Technical College, where you finished Year 10. You played football for several years, and it was a major part of your life.
8. You started a plumbing apprenticeship shortly after leaving school, but your involvement in drugs and alcohol at the time derailed your career prospects.
9. You started drinking when you were 18, and were introduced to amphetamines at the age of 21 by your peers. This later escalated to methamphetamines. You initially started smoking it, before transitioning to intravenous use. You report a period of consuming methamphetamine most days, but state that you reduced your usage to monthly in recent times. Since being in custody, you have participated in AA and NA, as well as the Alcohol and Me programme.
10. Your father was a strong support until he died from a heart attack on Christmas Day in the year 2000. You were living with him at the time, and his death devastated you. Your drug and alcohol use escalated. Your housing became unstable. You began couch-surfing, and state that you slept on the streets for two periods in your life.
11. Your first significant relationship began when you were in high school, and lasted for approximately nine years, ending after your father's death. You reflected that your behaviour was often erratic, and you did not treat your partner well.
12. Your second serious relationship resulted in the birth of your daughter, who is now 11 years old. You were only involved in her life consistently for her first two years, and your relationship with her mother was short-lived. You acknowledge your inconsistency as a father, and have expressed both remorse and a desire to rebuild a relationship with your daughter.
13. You have several significant health issues, including heart problems and blood clots, for which you are currently receiving medication. You have a history of self-harm and suicidal ideation.
14. I received a report from psychologist Gina Cidoni, dated 11 February 2025. She diagnosed you with severe alcohol use disorder, mild to moderate methamphetamine use disorder, and post-traumatic stress disorder.
15. Ms Cidoni stated that your severe alcohol dependence played a central role in your actions, and that you were experiencing significant psychological distress, exacerbated by chronic substance use and unresolved trauma.
16. She opined that:

Having endured significant parental loss, exposure to physical abuse, and prolonged instability, [you] developed deep-seated difficulties in emotional regulation, interpersonal relationships, and self-concept. [Your] offending can be understood within the context of these early experiences, which disrupted the development of adaptive coping strategies, and instead reinforce self-destructive behaviours, such as substance use, avoidance, and aggression.

1. This was frightening offending, committed in the context of family violence.
2. You have a significant criminal history, spanning 1991 to the present, which includes a family violence related aggravated burglary in 2006, recklessly causing serious injury, assault, dishonesty offences, drug and driving offences. While you are not to be resentenced for that offending, it informs specific deterrence and your prospects of rehabilitation.
3. You must see, by the sentence I impose, that offending of this nature will not be tolerated by the courts or by the community, and will inevitably result in imprisonment.
4. General deterrence is a paramount consideration, given the prevalence of aggravated burglaries, particularly in a domestic violence setting. Members of the community must see that offences of this nature attract periods of imprisonment.
5. I take just punishment and denunciation into account.
6. Ms Cidoni found that your risk of reoffending is medium. She found, your prospects for rehabilitation are moderate. I find, they are guarded, contingent on you engaging meaningfully with drug and alcohol treatment upon your release. You have not engaged in treatment until this period in custody, and should you fail to keep it up, your risk of recidivism is likely to be realised in the context of a return to substance use.
7. It was submitted that the principles in Bugmy v The Queen (2013) 249 CLR 571 ('Bugmy') are applicable in your case in a general rather than a specific sense, given your exposure to loss, physical abuse and instability at a young age. These principles contemplate a background of deprivation that may compromise a person's capacity to mature and to learn from experience.
8. I do not consider the Bugmy principles to be enlivened on the evidence before me, but I do take into account the death of your mother at a young age and the reported episodes of physical abuse from your uncles.
9. Mr Lascaris, appearing for you, took me to the sentencing statistics. He also took me to DPP v Bietman [2020] VCC 894 and DPP v Johnson [2011] VSCA 288.
10. Ms Dearman, appearing for the prosecution, took me to the relevant considerations for a charge of aggravated burglary, as set out in DPP v Meyers [2014] VSCA 314.
11. Both parties submitted that a term of imprisonment with a non-parole period was within range.

1. Would you please stand, Mr Champan.
2. On Charge 1, aggravated burglary, you are sentenced to three years, six months' imprisonment.
3. I direct that you serve a non-parole period of two years and two months before becoming eligible for parole.
4. Pursuant to s18 of the Sentencing Act 1991, I declare that you have served 460 days by way of pre-sentence detention, excluding today.
5. Pursuant to s6AAA of the Sentencing Act 1991, I declare that had you not pleaded guilty, the sentence I would have imposed would have been five years' imprisonment, with a non-parole period of three years and three months.
6. HER HONOUR: You may be seated, Mr Chapman. Is there anything further, Ms Corrigan?
7. MS CORRIGAN: No, Your Honour.
8. HER HONOUR: Mr Lascaris?
9. MR LASCARIS: No, Your Honour.
10. HER HONOUR: Thank you. You can take Mr Chapman out. Thank you.
11. OFFENDER: Thank you, Your Honour.
12. HER HONOUR: Thank you.