DPP v Jones [2025] VCC 1867

(b) you entered Edney's home as a trespasser intending to assault him, knowing he was inside; and

(c) you assaulted Edney by punching him to the jaw and threatening him with the baseball bat.

1. Edney went to Wangaratta hospital by taxi. He had some loose teeth. He stayed hospital overnight. Three days later his dentist moved the loose teeth back into place.
2. in a victim impact statement[3] , which was read to the court, Mr Edney stated he suffers ongoing oral pain and requires more dental treatment. As a result of your crimes, he is scared to go out during the day and has nightmares at night[4]. .

1. You have admitted a criminal record.
2. In Victoria
3. On 28 November 2022 at Shepparton magistrates Court, for damaging property and resisting and assaulting police, you were convicted and fined $1000.
4. On 20 December 2023, at Wangaratta Magistrates' Court, for recklessly cause injury and driving offences you were convicted and placed on two 12 month community correction orders with, inter-alia, alcohol and mental health treatment conditions.
5. In New South Wales
6. On 19 June 2019, at the Corowa Local Court for damaging property and common assault you were fined $600 and placed on an 18-month community correction order.
7. On 25 January 2024, at the same court, for assault occasioning actual bodily harm you were fined $1200 and placed on a nine-month community correction order.
8. At the time of the index offending you were subject to community correction orders, made, at Wangaratta, on 20 December 2023, and at Corowa, on 25 January 2024, both for violent offending, inter-alia. In Victoria, at the Wangaratta RSL, you had punched another patron to the face. In New South Wales, at the Mulwala ski club, after security staff ejected you, you head-butted one of them

1. You were born in August 1999. You were 24 years old when you offended. You are now 26.
2. You are an only child.
3. When you were three years old your parents separated. Your mother took you with her from Queensland to Yarrawonga where you grew up. Your mother tried her best to care and provide for you on her own. You lived in government housing and money was short.
4. Your aunt[5] , who lives in the district, described your upbringing as "hard and emotional".
5. You went to local schools until year 10.
6. When you left school you worked for a butcher for two years, and then laboured for 2 plastering companies for five years. For the next three years, you worked on and off for the silo construction co.
7. You were close to his maternal grandparents. When your grandfather passed in 2020 and grandmother, in 2023, you did not cope well[6].
8. According to your paternal grandmother[7], who lives in Queensland, you had been trying to reconcile with your father but, sadly, he killed himself on 7 February 2024. His death was traumatic for you. When you offended, you were living alone in the family home at Yarrawonga. In 2020, your mother moved to Shepparton, after her father's death, to look after her mother.
9. When you offended you were dealing with the grief of your father's death and drinking heavily.
10. You told your paternal grandmother you are sorry for what you had done. You said, since, anger management counselling had helped to control your temper. She described you as loving, polite and hard-working. She stated he keeps a "clean comfortable" home.
11. In June 2025, when a position became available, Mr Jones started work again for the silo construction company. Your employer stated you have "a good work ethic" and he hoped to keep you "on board" with his company [8] . However the work became spasmodic and Matt Bell has given you full-time work in his plastering business. Mr Bell described you as a valued worker with "great trade skills"

1. The crime of aggravated burglary, as the maximum penalty of 25 years' imprisonment demonstrates, is inherently very serious.
2. A confrontational aggravated burglary, as yours was, is a particularly nasty form of conduct because it invariably puts the victim in great fear.[9]
3. When you offended, you were subject to court mandated orders which had as their core condition, a condition that you not reoffend.
4. Ordinarily, a term of imprisonment would be warranted.
5. After Mr Edney refused to let you into his house, you forced your way inside by breaking the door lock. You had not concealed his identity and were not armed. Your actions were impulsive. The episode was relatively sure and after punching Mr Edney once, and threatening him, you walked away.
6. I assess your crime of aggravated burglary is certainly to fall towards the lower end of objective seriousness for offending of the type.
7. Causing damage to the door is additional criminality; as is the assault upon Mr Edney inside his home.

1. Your guilty plea has high utilitarian value because it has saved Mr Edney the ordeal of a trial. It is also an indication of your acceptance of responsibility for your actions and evidence of remorse.
2. Because you fall to be sentenced for several offences the totality principle has application.
3. The parsimony principle also has application.
4. While you have a history of violent offending you have never been incarcerated. And you have completed previous community correction orders.
5. You are still a relatively young offender. Rehabilitation is an important sentencing consideration.
6. Since your arrest you have made impressive progress towards your rehabilitation.
7. Under your community correction orders you have completed alcohol and drug counselling and participated in psychological counselling sessions. You have also done voluntary Alcoholics Anonymous programs.
8. In July 2025, a magistrate restored your driver's licence.
9. You have secured full-time employment.
10. You have negotiated the potential purchase of your home from the Department of Housing.
11. Importantly, you have not reoffended.
12. I am hopeful, and reasonably optimistic, the constructive changes, which you have made to your life, will continue.
13. Significantly, your aunt, grandmother and employer supported you at court.
14. You have a stable home and steady work.
15. A home, work and family support are protective factors against you reoffending.
16. I assess your prospects of rehabilitation to be very good.
17. Overall, I am satisfied a punitive and therapeutic CCO can meet all sentencing objectives, including deterrence and punishment, for this relatively serious offending.[10]
18. Please stand Mr Jones.
19. By the sentence I impose I must announce your conduct, punish you and deter you and others from committing crimes of the same or similar kind. I must also look to your rehabilitation.
20. Considering the circumstances of your offending and your personal circumstances and antecedents, and endeavouring to produce a sentence which reflects and promotes the purposes of sentencing in a manner appropriate to you:
21. On the charges of criminal damage, aggravated burglary and common assault, you are convicted and released on a two-year community correction order.
22. A special condition of the order is that you perform 150 hours community work
23. Other special conditions are:

1. I direct up to 50 hours of your treatment and programs be credited to your community work.
2. I make an order, under s 78 (1) of the Confiscation Act 1997, for disposal of two baseball bats and a machete which police seized from your home
3. While there is some artificiality in the process, I declare, but for your guilty plea, I would have imposed a sentence of two years' imprisonment and fixed a minimum non-parole period of 15 months.

[1] The circumstances of the offending are set out in the summary of prosecution opening (Exhibit A). They are agreed facts

[2] Mr Jones had previously been to in his home, consensually, most recently about one month prior

[4] He already had PTSD as a result of a serious knife attack 25 years ago

[8] Ben Verlin, Millwright & Director (Exhibit 4)

[9] Hogarth v. The Queen [2012] VSCA 302; DPP v. Meyers [2014] VSCA 314

[10] See Boulton v. The Queen [2014] VSCA 342