DPP v Huddart [2026] VCC 439

1. A prosecution opening was tendered on the plea and may be summarised as follows:

1. On 30 July 2024 a pair of Xero Sandals, which had been ordered online for $105.39 USD, were delivered to Simone Vucinic at her home at an address in Newcombe.
2. At about 3:05pm you approached the front door and picked up the package containing the sandals. You placed it inside the front of your pants and then lifted your top to cover the pants. This was captured by the victim's Arlo Door Camera.
3. At around this time, the victim received a notification on her mobile device that someone had approached her front door. She had a conversation with you through the door camera. You said you were looking for someone called Bruce. The victim replied that you had the wrong address and you walked away, taking the parcel with you (Charge 1 - Theft).

1. On 31 October 2024 at approximately 6pm Ava Quigley,[1] a 17-year-old healthcare student, was walking home from her workplace. She walked along Boundary Road, Breakwater and noticed you standing outside the front entrance of the Gordon TAFE Institute.
2. The victim entered the grounds of the TAFE as she is a student and resided at student accommodation inside. You approached the victim and asked her for the time. She told you it was 6.14pm.
3. You continued to follow the victim closely. At times you were so close that you almost touched her. You made comments such as 'you're so beautiful bitch' and 'I'd like to fuck you, you've got a great arse'.
4. The victim called and spoke to her father Ryan Quigley,[2] in the hope it would deter you, however you kept following her.
5. You said 'I'm gonna rape you, I'm going to cum all over you, I'm gonna pin you down and rape you', 'I'm going to put burning cigarette butts down your bra'. (Charge 2 - Threaten to Commit Sexual Offence).
6. The victim started running away at this point. You chased her through the Gordon Institute continuing to tell her that you wanted to rape her.
7. While chasing the victim, you reached out and lost balance. You yelled 'fuck' and fell over. The victim heard you yelling for help, stating that you were having a heart attack.
8. The victim continued running towards her accommodation. She told her father that she was being followed and he told her to keep running.
9. You continued chasing the victim. When she reached the locked gate of her accommodation she was distressed and struggled to unlock the key pad. You grabbed the gate and placed yourself between victim and the gate. You said 'I need to get in there, I need to get in there with you'. At this point the victim hung up on her father and called a neighbour for assistance. You then walked off and left the scene.
10. The incident lasted for approximately 4.5 minutes and was captured on CCTV.

1. At 9:36pm DSC Stephanie Cox, DS David Young, and DAS Glenn Bensted attended 186 St Albans Road in Breakwater to make inquiries about the incident at the Gordon TAFE. When they knocked on the door it was answered by Dean Scholte, who opened the door and told police that you were inside. He allowed police to enter. They saw you sitting on a couch inside.
2. DS Young started to speak to you asking what had happened that day. You cut him off and told DS Young that he was 'fucked' and that you were 'going to kill him' (Charge 4 - Threat to kill). You yelled and used hostile language referring to police as 'cunts' and 'dogs' and specifically calling DSC Cox a 'royal slut' and a 'bitch' on a number of occasions.
3. DSC Cox was positioned opposite a coffee table between her and you. She asked you to calm down so she could explain the situation. You yelled at her that she was 'going down' and spat a large mouthful of spit towards her. It sprayed everywhere and landed at her shoes (Charge 5 - Assault emergency worker on duty). You then said 'I am going to kill you' (Charge 6 - Threat to kill).
4. You continued yelling. You stood up and adopted an aggressive posture towards DS Young. DS Young and DAS Bensted took you down and placed you in handcuffs. While this occurred you thrashed, bucked, and continued making threats (Charge 7 - Resist emergency worker on duty).
5. Other police officers arrived to assist. You were searched and placed in a divisional van and conveyed to Geelong Police Station where you were remanded.
6. Police located a small amount of cannabis wrapped in an old Mars bar wrapper inside a pocket of your pants. (Charge 3 - Possess Cannabis).
7. You did not participate in a record of interview.

1. The conduct that gives rise to Charge 2, threat to commit a sexual offence, is most disturbing. The victim in the matter resided at student accommodation on the grounds of the TAFE where she was a student. As she approached her accommodation you followed her and made the threating sexual comments to her. The victim became concerned and called her father in an effort to deter you, however you then made further threatening comments to her, including that you were going to rape her. She then ran, however that did also not deter you and you chased her ultimately catching up with her, standing between her and the gate entrance to her accommodation. At this point the victim called a neighbour and you left the scene.
2. There can be no doubt that your conduct would have been a terrifying experience for the victim, as is confirmed in her victim impact statement which I will address further below. The victim was simply returning to her student accommodation when you approached her threatening to rape her. She was vulnerable and alone. Your physical conduct, together with the comments you made in my view represent a reasonably serious example of the offence.
3. Some hours after the incident, police knocked on your door in order to make inquiries about the earlier incident. Your reaction to the enquiries of the police was on one view unexpected and unprovoked, by you first making threatening comments and then spitting at the police, ultimately resulting in you assaulting the police and resisting arrest. However, your behaviour may be explained to some extent as a result of your long-term mental illness which I will discuss further below. Nonetheless, your hostile response to the police members was unnecessary when they were simply making enquiries about the earlier incident.

1. Three victim impact statements were tendered on the plea: from the victim, Ava Quigley; her father Ryan Quigley; and her mother, Lisa Quigley.[3] Each speak eloquently and openly of the impact your offending has had.
2. Following the offending the victim did not feel safe in her accommodation or in Geelong where she had moved in order to study. As such she moved from her accommodation and did not finish her course at TAFE. She states that she is haunted by the incident on a daily basis and that you have ruined her life. She also states that your conduct has impacted her relationships with others.
3. The victim's mother and father speak of the emotional impact your conduct has had on their daughter and on them. They confirm that they observe their daughters suffering on a daily basis and that she continues to have difficulty sleeping. The victim's mother observes that this should be 'a time in victims life when she is flourishing and excitedly studying to become a nurse' but as a result of your conduct, she was unable to continue her studies.
4. I have read and taken the victim impact statements into account.

1. You are now aged 53 and were born in Geelong as the middle child in a sibship of three brothers. Your parents were married throughout your childhood and you report a stable upbringing, free from any trauma or abuse.
2. Your father worked in telecommunications and your mother is a nurse. You shared a close bond with both of your brothers growing up and are particularly close to your older brother. Your relationship with your younger brother deteriorated some years ago and you no longer remain in contact with him.
3. You remain in communication with your mother, who now resides in a retirement home. Your father died by suicide approximately 10 years ago, and you acknowledge that you have not processed your grief from this event since.
4. You completed your secondary schooling up to year 10 however report facing challenges with subjects such as English and mathematics, and you experienced difficulties in paying attention. You occasionally got into trouble for truanting which eventually led to a suspension. Upon your suspension you completed an apprenticeship in spray painting initially working on cars and aircrafts.
5. You have not held employment for several years due to your mental health and have been receiving a Disability Support Pension since your cessation of work.
6. You entered your first serious intimate relationship at the age of 28 which lasted for 10 years. Together you share one daughter who is now aged 25.
7. You attribute the breakdown of this relationship to mutual drug use detailing that during periods of drug use both you and your ex partner lost the care of your daughter. You were able to regain full custody upon successful completion of rehabilitation which was later changed to shared custody and you now maintain a civil relationship with your ex-partner and daughter.
8. You have two sons from your second relationship (approximately aged 12 and 13) and separated from this ex-partner when your sons were approximately one and two years old. You have not reestablished any form of contact with either of your sons.
9. Turning now to your mental health and drug use. Your history with illicit substances is detailed and complex and you acknowledge the function of your alcohol and drug use as a coping mechanism, particularly for your emotional distress and unprocessed grief. You are further aware that your association with antisocial peers exacerbates your drug use.
10. You first began using cannabis at approximately age 13 years which increased significantly in your early 20s when you had the financial means to purchase it. Prior to your remand, you were smoking at least three to four grams per day noting you used it as a 'safety net' to help you sleep. You first encountered amphetamines at the age of 18, which eventually led to your use of methamphetamine. This methamphetamine use became daily, and you resorted to intravenous use of two to three points per day.
11. You further report a historical use of heroin in your 20s for six and a half years before achieving abstinence. This period of abstinence coincided with the timeframe in which you gained custody of your daughter. You express a desire to cease drugs and have successfully abstained from drug use since being in prison. This current remand is the longest period you have been drug free.
12. A psychological report by Psychologist Daniella Kocic and dated 28 January 2025 was tendered in which you undertook a Drug Use Disorders Identification Test disclosing severe drug-related problems and chronic substance abuse. Ms Kokic asserts that you greatly would benefit from undergoing AOD treatment at a residential rehabilitation facility upon your release from custody.
13. You have a longstanding and complicated psychiatric history including a diagnosis of schizoaffective disorder, complicated by substance use disorders. You have required many inpatient admissions, and treatment under Victoria's mental health legislation. You disclosed to Ms Kokic that you were diagnosed with both schizophrenia and drug-induced psychosis some time ago and that methamphetamine use triggers your mental state detailing symptoms such as hallucinations (auditory and visual) and feelings of paranoia.
14. Your longstanding diagnosis of schizoaffective disorder severely impacts your functioning on a daily basis resulting in functional impairment, poor self-care and self-management, long-term unemployment, social isolation, and maladaptive ways of coping, including drug use.
15. A Forensicare Psychiatric Court Report dated 16 July 2025 and authored by Dr David Trainor was also tendered on the plea which confirms your diagnosis of schizoaffective disorder and substance use disorder. You have presented as stable whilst in custody, adhering to your antipsychotic medication and have been free from any psychotic symptoms.
16. You have been working with ReStart, an outreach support program whilst on remand and have identified transitional support domains in employment, Alcohol and Other Drugs and Independent Living Skills. Upon your release from custody you will be supported by employment services providers and gain referrals to engage in voluntary Alcohol and Drugs counselling. You will also be supported with transportation and crisis accommodation upon your release from prison.

1. I first take into account your pleas of guilty. While the matter has had a relevantly lengthy procedural history, primarily as a result of the determination of the question of fitness, the matter ultimately resolved at a sentencing indication hearing before me on 13 March 2026. In the circumstances the pleas can still be considered to be early pleas, saving the court the time and expense of a trial and thereby progressing the course of justice. I note also that in the corrections assessment report that I ordered, you stated to the writer that you acknowledged the impact of your conduct on the victims, demonstrating insight and a degree of remorse.
2. Based on your complex psychological and psychiatric profile, it was submitted that all limbs of Verdins principles are enlivened. In the November 2025 report of Ms Kocic she states:

The interference of substances on his mental state and actions makes determining his moral culpability difficult. However, as he has a longstanding diagnosis of schizoaffective disorder, the presence of this major mental illness would have severely impacted his insight and judgement at the time of the offences, with him having a reduced ability to understand the consequences of his actions, further impaired by substance use.[4]

1. As is apparent in the passage quoted, while it is not disputed that you have suffered from schizoaffective disorder for a number of years, and that it would have affected your judgement and insight at the time of the offending, you were also at that time, using substances making it difficult to determine the weight that can be given to the application of Verdins principles 1 to 4. As noted in Ms Kocic's earlier January 2025 report, you stated that you were aware that methamphetamine use 'triggers' your mental illness.[5] The prosecution therefore submitted that consideration of the application of Verdins principles should approached with some scrutiny.
2. In my view in all the circumstances Verdins principles 1 to 4 still can be given weight in the sentencing discretion but only to a limited degree. As to Verdins principle 5, I accept that your psychiatric condition would make prison more burdensome for you however as is evident on the materials, since being in custody, your mental state has stabilised and as such there is no evidence to support the application of Verdins principle 6.
3. Turning to your prospects of rehabilitation it was submitted that a result of the stabilisation of your mental state while in custody and the supports that have been put in place upon your release, your prospects of rehabilitation can be viewed positively. You have self-referred to ACSO ReStart and have a case manager assigned to you for up to three months after release. Further, you have the support of the Salvation Army for housing support while your DFFH property is repaired for you to return to.
4. In my view, while you have gained further insight into the impacts of your mental illness and your substance abuse while you have been on remand, there is clearly a need for significant support on your release more than that which you have currently arranged. In my view, if you can remain drug free and compliant with your mental health treatment, your prospects can be assessed positively. Thus the sentence I impose will allow for a sustained period of rehabilitation and supervision in the community.

1. Deterrence, both general and specific, denunciation of your conduct and protection of the community are the prominent sentencing considerations in this instance. While your mental illness is something you battle with on a day-to-day basis, you are also aware of the impact that your drug use has on your illness and the consequences that may follow. I note also that you have a relevant prior criminal history. Thus you must be deterred not only from the type of conduct you engaged in but also from using illicit substances.
2. It was submitted that a term of imprisonment less than that which you have served on remand would be appropriate and in range given the supports you already have in place. However, in my view further structured supervision and rehabilitation is required and as such I had you assessed for a community correction order to be served in combination with a term of imprisonment. In my view a term of imprisonment in combination with a community correction order is required in order to meet the relevant sentencing considerations.
3. Finally, while you have 476 days that can be reckoned as served, I take into account that whilst on remand you have served a 30 day sentence that is unable to be declared.

1. Mr Huddart, would you please stand.
2. Kirk Huddart, on Charge 1, theft you are convicted and sentenced to 1 month imprisonment. On Charge 2, threat to commit a sexual offence, you are convicted and sentenced to 12 months imprisonment. On Charges 4 and 6, make threat to kill and Charges 5 and 7, assault an emergency worker on duty, you are convicted and sentenced to 6 months imprisonment on each charge. On Charge 3, possess a drug of dependence you are convicted and fined $250.
3. I direct that 1 month of the sentence imposed on Charges 5 and 7 be served cumulatively on each other and on Charge 2, making for a total effective sentence of 14 months as the prison component of the combination sentence pursuant to s 44 of the Sentencing Act 1991 (Sentencing Act).
4. Upon your release from custody you will be placed on a community correction order for a period of 2 years. While all community correction orders are punitive in nature, the focus of the order will be therapeutic and will also provide a level of supervision in the community. You will be required to undertake treatment and rehabilitation for drug use and in relation to your mental health. You will also be subject to supervision for the period of the order.
5. Pursuant to s 18 of the Sentencing Act, I declare that 476 days be reckoned as the period of imprisonment already served under the sentence I have imposed. That does not include today.
6. Pursuant to the Sex Offenders Registration Act 2004, in relation to Charge 2, as it is a Class 2 offence, you will be subject to reporting conditions for a period of 8 years.
7. Pursuant to s 6AAA of the Sentencing Act, if not for your plea of guilty, I would have sentenced you to a period of 2 years imprisonment with a non parole period of 18 months.

[5] Reprort of Daniella Kocic, 28 January 2025, [42].