DPP v Cooper [2026] VCC 352

1. You have also consented to this Court hearing and pleaded guilty to the following two summary charges:

(a) Drive whilst disqualified, contrary to s 30 Road Safety Act 1986. This offence carries a maximum penalty of 2 years' imprisonment or 240 penalty units.[6]

(b) Unlawful assault, contrary to s 23 Summary Offences Act 1966. This offence carries a maximum penalty of 3 months' imprisonment.

1. The circumstances of your offending, which all occurred on 20 December 2022, are set out in an agreed prosecution opening dated 18 March 2026.[7] At the time of the offending, you were 25 years old, unemployed, and of no fixed abode.
2. A Toyota Hilux utility was stolen from a building site in Kangaroo Flat between 1 and 4 pm on 20 December 2022. The owner contacted the police and placed a post on Facebook about the theft.
3. Around 5 pm, police officers observed you driving the stolen vehicle,[8] with a number of passengers inside, towards Long Gully.
4. The victim, Nathan Buchanan, who knew you, saw you drive past him on two occasions in the stolen vehicle. You were driving erratically, doing burnouts and speeding. Mr Buchanan, along with another male, Mr Knight, drove around the Long Gully area looking for the stolen vehicle. They stopped outside a house in Derwent Drive, and spoke to some local youths about recent stolen vehicles in the Bendigo area.
5. At around this time, you reversed out of another address on Derwent Drive along with several people in the stolen vehicle, including your co-accused Colin Taylor ('Taylor'), who was lying down in the tub of the Ute. One of the males in the stolen vehicle was armed with a bar.
6. Mr Buchanan and Mr Knight followed you. Mr Knight performed a U-turn at the intersection of Derwent Drive and Energetic Street. He realised that you also performed the same U-turn and were driving towards his vehicle.[9] Mr Knight drove onto the nature strip to avoid a collision. Mr Buchanan got out of the vehicle and stood on the vacant land. You drove at Mr Buchanan, who had to take evasive action to avoid injury.
7. Taylor got out of the tub wielding a baseball bat. Another male also got out armed with a bat. The group chased Mr Buchanan to the front yard of 47 Derwent Drive. You again drove at Mr Buchanan, missing, and colliding with the front fence.
8. You then punched one of the youths at the front of the property, and attempted to punch Mr Knight, but missed. Mr Knight fought back, hitting you. Mr Buchanan ran to the front door area. He was hit with a baseball bat by Taylor causing immediate blood loss.
9. You then went to the front door. Mr Buchanan was on the ground propped against the fence, with blood coming out of the back of his head. You kicked Mr Buchanan twice. The first blow went across Mr Buchanan's face and the next connected directly with his head.[10]
10. An unknown male approached Mr Knight with glass bottles in each hand and told him to "back the fuck up". Mr Knight fled over a fence and called the police.
11. After discovering the police were being called, you and the rest of the group left. Before leaving, you kicked a female, Shenniele Buchanan, in the stomach.[11] You left in the stolen Hilux.
12. The incident caused distress to many who were in the street, people fearing for their own safety, as well as for the safety of children nearby.
13. Having driven a short distance, you ran from the vehicle. You were pursued on foot by police officers. Taser and OC foam were deployed, and you were arrested.
14. You were carrying a satchel bag which contained a small bag of white crystal, namely methyl-amphetamine.[12]
15. Mr Buchanan was in and out of consciousness when the police arrived. He was transported by ambulance to hospital. He had a laceration approximately 10 cm in length to the left temporal region. There was a boggy mass consistent with a scalp haematoma under the laceration. A CT scan revealed a linear left temporal bone skull fracture, left and right frontal subarachnoid and right tentorium subdural bleeding. The wound was cleaned and closed, and he was transported to the Royal Melbourne Hospital that same night. A resident doctor in neurosurgery, diagnosed, Mr Buchanan with a fracture of the left temporal bone in the skull, a subdural haematoma,[13] and a haemorrhagic contusion in the underlying lobe of the brain.[14] He was suffering from difficulty with expressive speech,[15] as a consequence of the injuries to the brain.
16. A follow-up appointment, two months after the assault, noted that Mr Buchanan had ongoing issues with balance and difficulty with word finding.
17. Following your arrest, you were interviewed by the police. You denied driving the Hilux. You said you walked to the incident on foot from a house two or three doors away. You arrived when it was all unfolding. You denied kicking Mr Buchanan, saying he was already on the ground sleeping when you got there. You also denied kicking Shenniele Buchanan. You denied knowledge of the drug found in the satchel.
18. You were remanded in custody on 20 December 2022, and have remained there since.
19. Taylor has pleaded guilty to an offence of affray and causing serious injury intentionally. His matter proceeded before the Koori Court sitting in Bendigo and was adjourned part heard to enable the defence to obtain further plea material.[16]

1. Mr Buchanan has chosen not to make a victim impact statement. However, it is clear that the violent attack he endured would have been a terrifying experience. He suffered significant injuries which continued to impact him when he was seen by a doctor two months after the incident.[17]
2. Shenniele Buchanan has made a victim impact statement.[18] The impact upon her has been profound and lasting. She has experienced emotional distress, and her sense of safety and peace of mind has been affected. She struggles with sleep and experiences flashbacks of the incident.
3. In addition, other innocent bystanders were caused alarm and distress as a result of witnessing the violent episode unfolding.

1. You have an extensive and relevant criminal history going back to 2013. You have many priors for dishonesty and violence, as well as driving offences, including many offences of driving whilst disqualified.
2. On 28 October 2016, you appeared before the Magistrates' Court for the first time. A financial penalty was imposed for offending which included theft from motor vehicle, attempted theft of a motor vehicle, theft of bicycle, burglary, two offences of damaging property and two offences of unlawful assault.
3. You appeared before this Court on 24 October 2017 and were sentenced to 18 months' imprisonment in combination with a three-year Community Correction Order ('CCO') for an offence of arson and armed robbery. You contravened this CCO on three occasions.
4. On 8 November 2017, you were sentenced to a term of 6 months' imprisonment to run concurrently with the County Court sentence for offences of burglary, theft of a motor vehicle, two other thefts, three offences of obtaining property by deception, two offences of resisting an emergency worker on duty, driving in a manner dangerous and unlicensed driving.
5. On 25 January 2019, the Magistrates' Court sentenced you for offences which included eight offences of drive whilst disqualified, 20 offences of theft, including five involving theft of a motor vehicle, three offences of damaging property, two offences of obtaining property by deception, two offences of threatening to destroy property, aggravated burglary, dangerous driving, and reckless conduct endangering serious injury. You were sentenced to a term of six months' imprisonment
6. On 16 December 2019, the Magistrates' Court sentenced you for offences including reckless conduct endangering serious injury, six offences of driving whilst disqualified, 10 offences of theft which included an offence of theft of a motor vehicle, two offences of resist emergency worker on duty, and offences of failing to stop vehicle on police direction and after an accident. The sentence imposed in respect of this offending was reduced on appeal to an aggregate term of 9 months.
7. On 26 May 2021, the Magistrates' Court sentenced you to 18 months' imprisonment for offences including aggravated burglary, three offences of burglary, theft of a motor vehicle, another offence of theft, reckless conduct endangering serious injury, arson and drive whilst disqualified.
8. Your last court appearance was two months prior to the current offending on 25 October 2022, when the Magistrates' Court sentenced you to a term of 399 days' imprisonment, already served as presentence detention, and an 18 month CCO. This related to offending which included nine offences of damaging property, three offences of theft of a motor vehicle, two offences of unlawful assault, two offences of driving whilst disqualified, two offences of driving in a manner dangerous, and an offence of reckless conduct endangering serious injury, dangerous driving while pursued by police, burglary, and arson.
9. Therefore, the offending for which you fall to be sentenced was committed only two months after your release and when you were subject to a CCO.
10. Your criminal history does not increase the gravity of the offending for which I am to sentence you. However, it does require a greater emphasis on specific deterrence. It increases your moral culpability and demonstrates that your prospects of rehabilitation are poor. It also requires me to give emphasis to community protection.
11. In addition, I am required to give emphasis to general deterrence, just punishment and denunciation.

1. You committed this offending only two months after being released from custody having served a term of 399 days' imprisonment for offences involving dishonesty, violence and driving whilst disqualified. The dishonesty offending included three offences of theft of a motor vehicle. The violent offending included two offences of unlawful assault. Having been released you were placed on an 18 month CCO. This offending occurred while you were on the CCO.
2. Very quickly, upon your release, you recommenced using alcohol and methamphetamine and associating with known criminals.
3. You, along with others, engaged in mindless and unprovoked violence in a residential street during daylight in the early evening.
4. The affray that you engaged in may not have been lengthy in period, but I regard it as a serious example. It involved you driving the stolen Hilux containing a number of passengers, some of them armed with a bat or a bar, towards Mr Knight's vehicle, who had to take evasive action to avoid a collision. Then when Mr Buchanan was standing on vacant land, you drove towards him forcing him to jump out of the way in order to avoid injury. Passengers got out of your vehicle. Taylor and another man were armed with bats. They chased Mr Buchanan to the front yard of 47 Derwent Drive. You, once again, drove the Hilux at Mr Buchanan, missing him and colliding with the front fence. You then got out of the vehicle and punched one of the youths in the front yard. You also tried to punch Mr Knight but missed. Mr Knight fought back hitting you. At some stage Mr Buchanan, who had run to the side of the house, was struck by Taylor with a baseball bat causing immediate blood loss. You then kicked Mr Buchanan in the head and kicked his sister, Shenniele Buchanan, in the stomach.
5. You were an enthusiastic participant, playing a significant role in the affray from start to finish. It involved a group attack in a residential street in the presence of adults and children. It is not surprising that the level of violence involved, which included you using the vehicle as a weapon, as well as others in your group being armed with bats, caused many innocent bystanders distress. It would have been terrifying.
6. It was Taylor who struck Mr Buchanan with a baseball bat. At the time he did so, Taylor accepts that he intended to cause him serious injury. You are not being sentenced for that offence. I was told that you were not present at the side of the house when this attack occurred. However, Taylor striking Mr Buchanan remains part of the affray. As an active participant in the affray you must take some responsibility for the overall conduct, and not merely your own acts.[19]
7. I also regard the offence of intentionally causing injury as a serious example. When you committed this cowardly act, the victim was already incapacitated. He was on the ground, propped against a fence with blood coming from the back of his head. In those circumstances you kicked him twice. The prosecution accept that they are unable to say that the first kick connected, however, the second kick did connect directly with his head. You had absolutely no regard for Mr Buchanan's sorry state and kicked him intending to cause him injury.
8. You then committed another gutless and unprovoked attack, kicking a female in the stomach, forming the unlawful assault.[20]
9. I bear in mind, as submitted by Ms Marthick, I am sentencing you in respect of offending that formed part of a single incident on the same day. While Charges 2 and 3, and the summary Charge of unlawful assault, represent distinct criminality, they form part of the same episode of violent offending. Accordingly, I must bear in mind the principle of totality and avoid double punishment.
10. As I have said, you are not being sentenced for the offence of intentionally causing serious injury to which Taylor has pleaded guilty. You played no role in that offence and are not charged with it.[21] You are responsible for kicking Mr Buchanan, causing him injury and intending to cause him injury. It is not possible to say what injuries you were personally responsible for.
11. However, the extent of the injuries suffered by Mr Buchanan as a result of Taylor striking him with a bat, which forms part of the affray, is relevant. It informs the circumstances and the seriousness of the affray as a whole. Taylor's attack would have increased the overall level of terror experienced by those present.[22]
12. As I stated earlier this offending occurred in the context of you having recently been released from prison and on a CCO. As outlined you have a significant and relevant criminal history.
13. Therefore your moral culpability, even after reduction on account of Bugmy principles, remains high. The community must be protected from such random street violence that causes misery to many innocent people. The sentence also requires that you be specifically deterred.
14. Terrifying violent behaviour must be appropriately denounced and those who are minded to engage in such behaviour must be deterred.
15. These sentencing purposes can only be achieved by the imposition of a sentence of imprisonment that involves a non-parole period.
16. I note that theft of motor vehicles features heavily in your prior history,[23] as does the offence of driving whilst disqualified. In respect of these offences you must also be specifically deterred.

1. You are now 28 years of age. You were born in Queensland but largely raised in Northern Victoria. You have an older and a younger sister, as well as several half siblings.
2. It is clear that you have endured a particularly difficult childhood involving exposure to and experience of trauma, violence, addiction, neglect, abuse, instability and cultural disconnection.
3. You are a Yorta Yorta and Ngarrindjeri man. Your mother was a heavy substance user during her pregnancy with you, and you required neonatal withdrawal support following your birth. You were removed from your mother's care at the age of six due to environmental neglect and exposure to alcohol, drugs and family violence. You spent your childhood moving between your mother's care and child protection, including foster care and residential care. You became separated from your siblings over time. At the age of 11 you were moved into residential care, where you were the youngest child in the unit. You were the victim of abuse from the age of five until your early teens whilst in foster care and residential care systems. You were introduced to cannabis at the age of eight, alcohol at the age of 10, and methamphetamine around the age of 11 or 12. You also took various prescription medications from a young age. Your contact with the criminal justice system commenced in your early teens.
4. You attended school until grade five before disengaging due to instability in your care arrangements, continuing trauma, and associated behavioural difficulties. Your education was also disrupted by your intellectual disability and social isolation arising from being one of the few aboriginal children at your school.
5. You met your father for the first time at the age of 13 and formed a brief relationship before your father passed away from a drug induced overdose when you were 16 years old.
6. As an adult you have continued to experience instability and have lived a transient life since the age of 16, being largely homeless.
7. In terms of your mental health, Ms Kocic has diagnosed you with complex post-traumatic stress disorder, major depressive disorder, antisocial personality disorder, and various alcohol and substance use disorders.

1. I have had regard to your counsel's very helpful written,[24] and oral, submissions. In short, Ms Marthick relied upon the following matters:

(a) Pleas of guilty;

(b) Your profoundly disadvantaged background giving rise to the Bugmy principles in a general sense;[25]

(c) Your psychological make up and intellectual disability, giving rise to Verdins limb five,[26] and Muldrock principles;[27] and

(d) Delay.

1. Through your lawyers, you made an offer to plead guilty on 26 November 2025. The offer was accepted by the prosecution on 11 February 2026. The case did not proceed to a contested committal or trial, and no witnesses have been cross-examined. Your pleas of guilty entitle you to a utilitarian benefit. You have saved court time and expense, spared the witnesses from giving evidence and facilitated the course of justice.
2. I am prepared to accept that you have demonstrated some remorse. In addition to your pleas of guilty, you read out a letter written by you at the plea hearing. The letter reflected your feelings of regret at what you did, being ashamed of your behaviour and expressing your apology to the principal victim and his family.[28] You have also expressed some remorse to Ms Kocic.[29]

1. As stated earlier, you have endured a particularly difficult, unstable and distressing childhood. You have lacked support and have suffered neglect, violence, abuse and exposure to drug use. It is not surprising that you are grappling with a number of mental health issues. Having been introduced to illicit substances at a young age, you have grappled with long term addiction.
2. I accept that Bugmy principles have application in a general sense, and I can reduce your moral culpability for your offending. As the Court of Appeal stated in DPP v Hermann:[30]

It is the mark of a humane society that the moral judgement expressed through sentencing should take account of the lifelong damage that may result from exposure to violence or abuse or parental neglect in an offender's formative years.

3. You were diagnosed with an intellectual disability in late primary school. Ms Kocic states:[31]

Mr Cooper's lifelong difficulties with learning, information processing, problem-solving, and adaptive functioning has implications for his vulnerability to psychosocial stressors, peer influence, and difficulty navigating complex systems without support.

4. As a result of your intellectual disability you have access to the National Disability Insurance Scheme ('NDIS') for the remainder of your life.[32]
5. I accept that on account of your lifelong disability I can give lesser weight to general deterrence, which nevertheless remains an important sentencing purpose.[33]
6. I have borne in mind the various psychological issues that you have struggled with. In light of Ms Kocic's opinion that your psychological distress and trauma issues will increase the burden of imprisonment upon you, I accept that limb five of Verdins has some application and I will moderate the sentence accordingly.[34]

1. Ms Marthick submitted that the matter has been hanging over your head for over three years. I was assisted by a helpful chronology forming part of Ms Marthick's plea submissions.
2. You were arrested and charged on 20 December 2022 and have remained in custody as a remand prisoner ever since. Initially you were charged in the summary stream. The matter was uplifted on 24 May 2023 and a filing hearing proceeded that same day. The matter was listed on five separate occasions for a committal mention hearing, as well as being listed for a committal hearing twice, with both hearings being adjourned. It eventually proceeded by way of a straight hand up to this Court and was listed here for a directions hearing on 2 June 2025. As I indicated earlier, a plea offer was made to the prosecution by you on 25 November 2025. The plea offer was accepted by the prosecution on 11 February 2026. I was told that it was the change of solicitors that led to the numerous hearings in the Magistrates' Court being adjourned.
3. I note that you told Ms Kocic:[35]

In terms of current symptomatology, Mr Cooper reported persistent psychological distress. He described chronic stress, low energy, amotivation, and a marked deterioration in his mental health in recent months...He reported excessive worry, rumination, and difficulty "switching off" his thoughts, particularly in the context of prolonged uncertainty regarding his legal and custodial circumstances. He described feeling left in limbo for approximately three years, which he identified as a significant contributor to his distress.

4. I accept that the delay has been praying on your mind. It has caused you anxiety and I take that into account as some additional punishment.

1. I am unable to express much optimism in respect of your rehabilitation prospects. However, you are only 28 years old. It is important that you be given an opportunity in circumstances where you feel institutionalised. I note that you have spent the vast majority of the last decade in custody. That is a sad state of affairs. I note that you have made some progress in custody and have expressed some hope for your future.
2. While in custody you have engaged with the therapeutic art program and produced some excellent paintings, some of which have been sold through the Torch Program. You have also held the role of peer support listener for fellow First Nation's prisoners. I was told that you take great pride in that role and being able to support your community. You will have lifelong support through NDIS. You have expressed commendable goals to the NDIS support coordinator.
3. I hope that with the support on offer, and some level of insight, you are able to break the cycle of re-offending and returning back to prison.

1. Mr Cordy on behalf the prosecution took no issue with the matters raised on your behalf in mitigation. He submitted that general deterrence remained important, as well as specific deterrence. Mr Cordy submitted that the affray, a continuing offence, was serious, as was the offence of intentionally causing injury, which involved kicking a man who was down and disabled.

1. Having considered all relevant matters and circumstances, I sentence you, Warrick Cooper, as follows:
   • On Charge 1, theft, you are convicted and sentenced to nine months' imprisonment.
   • On Charge 2, affray, you are convicted and sentenced to 20 months' imprisonment.
   • On Charge 3, causing injury intentionally, you are convicted and sentenced to two years and six months' imprisonment.
   • On Charge 4, possession of a drug of dependence, you are convicted and sentenced to a financial penalty of $300.
   • On Summary Charge 4, unlawful assault, you are convicted and sentenced to two months' imprisonment.
   • On Summary Charge 6, drive whilst disqualified, you are convicted and sentenced to six months' imprisonment.
2. The sentence on Charge 3 will be the base sentence. Three months of the sentence on Charge 1, five months of the sentence on Charge 2, one month of the sentence on Summary Charge 4 and three months of the sentence on Summary Charge 6 will be served cumulatively upon each other and upon the base sentence.
3. This makes a total effective sentence of three years and six months' imprisonment.
4. I set a non-parole period of two years and six months' imprisonment.

1. Pursuant to s 18 of the Sentencing Act 1991, the period of 1192 days is declared as having already been served.

Section 6AAA declaration

1. Pursuant to s 6AAA of the Sentencing Act, had you pleaded not guilty and been found guilty, I would have sentenced you to a term of four years and nine months' imprisonment with a non-parole period of three years and eight months.

1. Pursuant to s 89(4) of the Sentencing Act, having been convicted of theft of a motor vehicle, I cancel your licence and disqualify you from obtaining another for a period of six months from today.
2. HIS HONOUR - Mr Cordy, anything arising?
3. MR CORDY - Nothing, your Honour.
4. HIS HONOUR - Ms Marthick?
5. MS MARTHICK - No, your Honour.

[5] Accepted not for trafficking purposes.

[6] This is the penalty for a subsequent offence applicable here.

[16] It is next listed for further plea on 18 May 2026.

[17] No further medical material has been provided.

[19] DPP v Russell [2014] VSCA 308; (2014) 44 VR 471, [43] - [44] ('Russell') (per Maxwell P, Weinberg and Santamaria JJA).

[20] I am limited to a maximum sentence of three months as the charge was not laid under section 24 of the Summary Offences Act 1966.

[21] R v De Simoni (1981) 147 CLR 383.

[22] Russell [41] - [44]. R v Feretzanis [2003] VSCA 8, [18] - [19].

[23] It is not alleged that you were responsible for the initial taking of the vehicle.

[24] Defence Submissions on Plea Hearing dated 17 March 2026 (Exhibit 1). Addendum Defence Submissions regarding Objective Gravity dated 24 March 2026 (Exhibit 5).

[25] Bugmy v The Queen (2013) 249 CLR 571 ('Bugmy').

[26] Verdins v The Queen (2007) 16 VR 269 ('Verdins').

[27] Muldrock v The Queen (2011) 244 CLR 120 ('Muldrock').

[30] DPP v Hermann [2021] VSCA 160 at [45].

[31] Exhibit 2, [150]. See also [34] - [36], [149].

[33] Muldrock v The Queen (2011) 244 CLR 120