Sentence: 9 months imprisonment in combination with 12 month CCO
[2]
Alexander Dahmes, you have pleaded guilty before me to one charge of causing serious injury recklessly. The maximum penalty for this offence is 15 years imprisonment.
[3]
The circumstances of your offending were comprehensively outlined in the Summary of Prosecution Opening Upon Plea dated 7 February 2025. I will summarise those circumstances here.
On 27 May 2023, you and the complainant, Tamati McCulloch, who were unknown to one another, were both in attendance at Retro Nightclub with your respective groups of friends.
You and the complainant had both consumed alcohol and he had consumed cocaine.
At 11.41pm a minor altercation occurred on the dance floor between your partner, Amanda Perera, and the complainant. Ms Perrera located you in the adjoining hallway and took you to confront the complainant. You were seen to lean towards Ms Perera and heard to say 'Is this the guy?'
CCTV clearly shows that you were holding a glass in your right hand as you headbutted the complainant to the face, causing him to rock backwards. You then used your right hand to punch the complainant to the head. You punched him twice further to the back of the head, by which time you were no longer holding the glass. You grabbed the back of his shirt and kneed Mr McCulloch using your left knee, before swinging your right elbow down towards the back of the complainant's head and neck.
While there is no suggestion you struck the complainant with the glass, you were clearly holding it before the assault and not afterwards. I do not find the presence of the glass at the start of the incident to be an aggravating factor.
The complainant, Mr McCulloch, presented to the Royal Melbourne Hospital at around 12.24am on 28 May 2023 complaining of pain to the forehead. He had, as depicted in photographs, a 2 x 2 centimetre indentation on his forehead, the result of a depressed frontal bone fracture.
On 9 June 2023, Mr McCulloch underwent an elective procedure to address the displaced and fragmented frontal skull bone. He was treated with a combination of metal plates and screws. He has ongoing secondary nerve damage to the forehead and upper eyelid on both sides of the face resulting in some loss of sensitivity, together with scarring.
I note the opinion of Dr Sanjeev Gaya that 'the anterior or front table of the frontal bone sinus ... is thick bone and provides forehead contour. The force needed to fracture the frontal bone is between 800 and 1600 pounds'.
The injury would not have corrected itself without surgery.
Investigators located a text message conversation between you and your friend Mr Straka in which you state 'Mate love the biff. Great ending to a night'.
You participated in a record of interview at the Narre Warren police station on
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(a) You had been out for dinner with Ms Perrera and 2 friends before moving onto several other venues.
(b) Upon arrival at the club, you said you were 'feeling alright ... I wasn't, like, sloshy drunk or anything'.
(c) At Retro you had 'probably close to 10 [drinks], and a shot or two'.
(d) At Retro you felt 'hammered. Hammered. Drunk as I've been in a long time'.
(e) You said you were not trying to blame the booze because you were the one who put it in your system.
(f) '...all I remember was Amanda coming up to me, saying some guy hurt her ... pushed her ... and then she told me again and then pointed at the guy, 'cause the guy was standing next to her ... And I was just like "this guy?" And she's like, "Yeah". Then he pushed her again right in front of me ... I just remember seeing red and that's honestly all I remember ... I remember head-butting and then that's it. I'm guessing I hit him. I'm guessing, like, something else - and then I got - I remember getting escorted out...'. I note the CCTV footage shows that no such second push occurred.
(g) You stated that '...I grew up doing, like, marital arts and stuff, so I understand, like, the pros and cons and I never want to get in a fight'.
(h) You said your actions were 'a massive overreaction. And that's disgusting behaviour'.
[5]
You made no attempt to check on the welfare of your victim, although I accept you saw him walk out of the venue. The text messages you later sent are concerning in that you seemed proud of your actions.
[6]
Your offending was plainly serious. By your headbutting, punching, kneeing and elbowing Mr McCulloch, you have caused a skull fracture to his forehead. While his surgery was categorised as elective, one could not imagine him proceeding through life with a 2 x 2 centimetre indentation in his forehead, which was the only alternative to surgery.
Your counsel submitted that this fell towards the lower to mid-range of seriousness for a serious injury. The prosecution agreed.
It was submitted that your actions were not unprovoked as your victim had been in an altercation with Ms Perera earlier in the evening. While you maintain there was a second incident immediately prior to your attack, that was plainly not the case according to the CCTV. You are a trained boxer. I consider that although you were alcohol affected, your moral culpability is high.
[7]
Your victim, Tamati McCulloch, provided a Victim Impact Statement detailing the effect of your offending on him. While he did not wish for this to be read aloud to the court, it is clear that there has been an ongoing impact upon him. He experiences ongoing anxiety, particularly in social settings, and is self-conscious about the scar across his head as a result of the corrective surgery. Understandably, the offending has affected his confidence.
[8]
You indicated a plea of guilty to the charge at the earliest possible opportunity and you have saved the community the time and expense of running a trial. Regrettably, the prosecution did not accept the early offer and there was a committal hearing, but you have spared your victim and other witnesses the ordeal of giving evidence at trial. As such, you have facilitated the administration of justice and you are entitled to a benefit for the utilitarian value of your plea.
You were cooperative and made admissions to investigators during your record of interview as indicated above.
By your plea of guilty you have also demonstrated an acceptance of responsibility for your offending, together with some remorse. You gave evidence before me and while you maintained that there was a second 'push' of your girlfriend by the complainant which was not captured on CCTV, you otherwise expressed appropriate remorse in saying that the offending was 'disgraceful behaviour' and 'goes against everything I advocate and stand up for'.
[9]
I turn now to your personal circumstances.
You are 35 years of age, having been born in December 1989.
You come from a close-knit family with 2 older brothers and an older sister. Your parents remain together.
You completed Year 11 at secondary school before leaving to commence an electrical apprenticeship. You have since held a number of different positions in retail, personal training, labouring, hospitality and manufacturing. You are currently employed as a Production Assistant team leader at a pharmaceutical manufacturing company.
You have been with your partner, Ms Perera, for 5 years. You are presently living with her and her parents in order to save for a home.
Your sister has five children with a range of medical conditions whom you help care for. You have lived with her at times to provide assistance with the children.
While you were alcohol affected at the time of your offending, you reportedly have no drug or alcohol dependency issues and no mental health concerns.
I received three character references, one from your sister Anna Bell, one from your former boss Fanizah Downs, and one from your friend Harley Bonner. All bespeak your good character, your commitment to your family and friends and your remorse.
[10]
Mr Dahmes, the level of violence you inflicted upon your victim Mr McCulloch was horrific. While the incident only lasted some 4-5 seconds, the CCTV is truly shocking.
It was not planned offending and did not involve the use of a weapon, however it involved repeated contact with your victim's head by way of a headbutt, multiple punches, a knee and an elbow.
In Ashdown v The Queen [2011] VSCA 408, it was observed that
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"As the majority said in Winch v The Queen[2010] VSCA 141; (2010) 27 VR 658, it is important to recall that RCSI is a very serious offence. It carries a maximum penalty of 15 years. An examination of the elements of the offence reveals why this is so. First, the offence involves the causing of serious injury to the victim. Secondly, the mental element of the offence - recklessness - means that the offender has consciously disregarded a known risk.
[12]
The offence of RCSI is only committed if the offender foresaw the probability that his/her action would cause serious injury to the victim, and went ahead regardless of that probability. This is not mere carelessness, where the offender fails to appreciate the risk of injury. This is conscious disregard of a risk of serious injury which the offender knows to exist."
[13]
You are a trained boxer and Muay Thai fighter. Other members of the community must be protected from violence such as this, inflicted for no good reason. Your counsel repeatedly submitted that this incident was in response to the preceding altercation between your girlfriend and your victim. That may have been so, but it was over, it was nothing to do with you and it did not call for your intervention. There was, as I have made clear, no second push to which you were responding.
General deterrence and community protection must be paramount considerations in the sentencing exercise. The sentence I impose upon you must make clear to others in the community minded to act as you have done, that serious examples of alcohol-fuelled violence will necessarily result in severe punishment.
You have no criminal history or subsequent offending. I accept that you are of previous good character. I must nevertheless make it clear to you that you simply cannot act this way. You said yourself this was disgusting behaviour. You were right. It will not be tolerated by the courts or the community.
Having offered a plea at the earliest opportunity, almost two years have now passed from the date of the offending. I accept this delay has left the matter hanging over you for that time and caused a state of uncertainty as to the ultimate outcome.
The delay has further allowed you to demonstrate your ongoing attempts at rehabilitation which you have done by not committing further offences and dedicating yourself to your family and your employment. I take both consequences of delay into account in passing sentence upon you.
You have strong family support and had a number of people in court to support you. I consider this to be a protective factor, together with your strong work ethic and history of continuous employment. I consider your prospects of rehabilitation to be excellent.
Your counsel urged me to impose a Community Corrections Order upon you in circumstances where you were reacting to perceived provocation and have a number of mitigatory factors in your favour. The prosecution submitted that while a term of imprisonment was warranted given the high level of violence, a Community Corrections Order would not fall outside the range, perhaps in combination with a fine.
I was taken to a broad range of 'comparable sentences' by both parties. Most of those provided by your counsel were County Court sentences, whereas the prosecution cases were largely from the Court of Appeal. Many of the cases were dated and a large number involved much younger offenders. The sentences imposed ranged from Community Corrections Orders to head sentences with
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non-parole periods and involved various types of serious injury.
9. Without citing all of the sentences to which I was referred, several of the more relevant decisions are Barlow v The Queen [2012] VSCA 37; DPP v Pinsent [2016] VCC 1368; Joseph v The Queen [2017] VCC 194; and DPP v Hood [2022] VCC 1627. I have taken all of the cases provided to me into account.
10. I have given consideration to just punishment and denunciation when passing sentence upon you. I also have regard to the principle of parsimony.
11. After careful consideration and having taken into account both the written and oral submissions of the parties, I have concluded that an immediate term of imprisonment, in combination with a Community Corrections Order, is the only sentence which adequately meets all the sentencing considerations for an
[15]
On charge one, causing serious injury recklessly, you are sentenced to 9 months imprisonment in combination with a Community Corrections Order with conviction for a period of 12 months.
You are to comply with the core conditions of the order, being that:
You must not commit another offence punishable by imprisonment during the period of the order.
You must comply with any obligation or requirement prescribed by the regulations.
You must report to, or receive visits from, the Secretary during the period of the order.
You must report to the Melbourne Community Corrections Centre within two working days from the completion of the term of imprisonment.
You must notify the Secretary of any change of address or employment within two working days after the change.
You must not leave Victoria except with the permission of the Secretary.
You must comply with any direction given by the Secretary that is necessary for the Secretary to give to ensure that you comply with the order.
In addition, you are to comply with the following special conditions:
You are to undergo assessment and treatment for alcohol use.
You are to be subject to supervision.
You are to undergo programs to reduce reoffending.
Do you consent to that order being made?
Pursuant to s18 of the Sentencing Act 1991, I declare that you have served no days by way of pre-sentence detention.
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 3 years 6 months imprisonment with a non-parole period of 2 years and 3 months.