DPP v Lynch [2025] VCC 1869

(a) a black baseball bat with a wooden handle;

(b) a metal pole, alleged to be the metal bat observed by Ms Vennell;

(c) two pink Guess purses and a woman's hair clip;

(d) a NAB bank card in the name of Audrey Baker;

(e) a brown handbag;

(f) a black Guess coin purse; and

(g) a pair of Apple AirPods.

1. Police re-attended later that day at about 12.02 p.m and arrested you.

1. Mr Reardon set out the pertinent matters relating to your background in his written submissions.[3] Your personal circumstances are also set out in Dr Nicholas Owens' psychiatric report.[4]
2. You were born in England in 2002 and are now 22 years of age. You are an only child. Your family migrated to Australia when you were two years' old. Following the breakdown of your parents' relationship, your father moved to Scotland. You have only met your biological father once since your parents separated.
3. Your mother re-partnered when you were aged six or seven. You have two half-brothers from that relationship, which ended in 2019.
4. You experienced violence at the hands of your stepfather. In his report, Dr Owen states:[5]

When Mr Lynch was six, his mother formed a relationship with his stepfather. Mr Lynch said that 'it was all right for a bit' but after his mother and his stepfather had their own children, his stepfather started becoming more and more hostile to Mr Lynch. He said he was always being accused of things by his stepfather and he felt that he was being 'tormented' by him. He said his stepfather would deliberately make a mess and then tell Mr Lynch to clean it up. When his mother was not around his stepfather would physically assault him. He recalled one instance of his ear being pulled, and of him being dragged down the stairs by his arm. On another occasion when there was no one else at home, his stepfather dragged him into a cupboard and kicked him, for no apparent reason. Mr Lynch told his mother about it, but she downplayed the seriousness of it, and in general he thought that she didn't do much to prevent the abuse. The abuse started when he was 8 years old, but escalated until Mr Lynch was 15, at which point he refused to return home one night. He said 'I didn't feel like I was part of the family, it was like I was the add-on.'

5. In notes prepared by psychiatrist, Dr Helen Driscoll, dated 28 July 2020,[6] you told her that you were scared of your stepfather "99.9% of the time". In 2020, Dr Driscoll noted that you displayed symptoms of PTSD[7] including flashbacks, chronic sleep problems, chronic anxiety, low mood and feelings of worthlessness. This was noted by her to be consistent with developmental trauma disorder from experiencing chronic physical and emotional abuse from your stepfather.
6. You were referred to Child Protection at the age of 15 as you were considered a risk to yourself with high substance and alcohol use, as well as dangerous incidents such as falling off a train while train surfing.
7. You completed primary school and attended high school completing Year 10. You struggled at school, and had issues with truancy, getting into fights and concentration.
8. Having left school, you initially worked as a labourer for a business that provided maintenance services for schools. You remained in this job for about eight or nine months. You then spent a number of years unemployed as your drug addiction took hold. You commenced a mechanics apprenticeship with Chadstone Ford at the end of May 2022. You performed well in this role and remained employed by Chadstone Ford until your arrest. Since being granted bail, you were initially unemployed as you focused on your recovery from drug abuse. You then worked for some six months as a cleaner for a business that conducted end-of-lease cleaning work. On average, you worked three days per week.
9. You have had one significant relationship, which lasted approximately five years, ending in November 2024. You had been cohabitating with your partner until the end of that relationship, upon which you moved to live with your mother.
10. You have had significant issues with drug abuse from an early age. You first tried alcohol at the age of 10, with considerably increased consumption at 13. From ages 13-19, you drank approximately every second day, consuming between 8-19 standard drinks in one sitting. In the six or so months prior to your arrest, you were consuming between six and 10 beers regularly and drinking premixed spirits.
11. You first tried cannabis at the age of 10 and consumed it daily from the age of 12. Until your first rehabilitation admission, you were smoking two to three grams per day. Following discharge, you abstained from cannabis use before relapsing. In the last three months before your arrest, you were smoking one gram per day. You first used Xanax from the age of 10, and by the time you were 13, you were consuming 15-16 tablets per day. You often experienced blackouts. In the lead up to your arrest, you were consuming two Xanax "Bricks" once every two or three months. You have also abused buprenorphine and methamphetamine.
12. You have attended a number of detox and residential rehabilitation programs on your own volition, particularly at times of crisis where you felt you needed assistance with avoiding drug use. You completed residential rehabilitation at Birribi in December 2021. Following discharge from that program, you were managing your abstinence well with the support of an outreach worker through Anglicare. In the weeks leading up to the present charges, you relapsed into benzodiazepine and alcohol use, citing peer pressure from negative associates.
13. Since being granted bail on 5 July 2023, you have completed a further residential rehabilitation program with Uniting Victoria. You commenced this program voluntarily when struggling with grief caused by the passing of a close friend. You are currently partaking as a resident in the Windana residential rehabilitation program. This program is of nine months duration. I will address the Uniting and Windana programs later in these reasons.

1. You have a relevant criminal history that dates back to July 2020.
2. On 16 July 2020[8] you were placed on a probation order without conviction for offences including 13 offences of theft, two offences of attempted theft, two offences of handling stolen goods, possess methylamphetamine, damaging property, unlawful assault and two offences of commit indictable offence on bail.
3. On 20 May 2021,[9] you were placed on an adjourned undertaking without conviction for offences including robbery, assault with intent to rob, unlawful assault, possess controlled weapon without excuse, wilfully damaging property, seven offences of commit indictable offence on bail, three offences of theft from shop and possess methylamphetamine and cannabis.
4. On the same day, in the Children's Court, you were placed on a without conviction 12 month Youth Supervision Order for offences including six offences of theft from shop, going equipped to steal, possess cannabis and commit indictable offence on bail.
5. On 26 May 2021, the Children's Court, without conviction, placed you on a further Youth Supervision Order for offences including aggravated burglary, 21 offences of theft,[10] two offences of burglary, robbery, two offences of attempted theft from a motor vehicle, going equipped to steal, two offences of handling stolen goods, criminal damage, resist police officer, two offences of unlawful assault, recklessly cause injury, two offences of possess controlled weapon without excuse and possess suspected stolen goods.
6. On your last prior appearance, on 13 December 2021, the Magistrates' Court sentenced you without conviction to a 12 month Community Correction Order ('CCO'). This was for offences including seven offences of theft,[11] dealing with property suspected to be proceeds of crime, obtaining property by deception, dishonest assisting in retention of stolen goods, possess controlled weapon without excuse, two offences of unlawful assault, possess drug of dependence[12] and six offences of commit indictable offence whilst on bail.

1. An armed robbery is a serious offence. The 25-year maximum term of imprisonment makes that absolutely plain. While there are no victim impact statements, your offending, involving you arriving at a home at night while armed with a metal baseball bat, would have been a particularly frightening experience. While in the house, you threatened the victim with the bat, yelling at her to give you money. At the same time, you committed the offence of theft, stealing a wallet belonging to the owner of the house.
2. You have a relevant history of both dishonest and violent offending. The Courts have given you opportunities to seek help and resolve your issues by sentencing you to solely rehabilitative orders. Regrettably, you have continued to offend. Therefore, in sentencing you, as well as seeking to deter others from committing the crimes you appear before me for, I must also seek to deter you from further offending. However, I firmly bear in mind your recent commendable rehabilitative efforts. Bearing in mind your youth, your successful rehabilitation is also an important sentencing objective.

1. I have had regard to the following material tendered on your plea:

(a) Written plea submissions prepared by your counsel, Mr Reardon, dated 6 November 2025;[13]

(b) Psychiatric report prepared by Dr Nicholas Owens dated 25 August 2025;[14]

(c) Letter from Kelly-Ann Faulkner of Windana dated 1 April 2025;[15]

(d) Letter from Jeffrey Watts of Windana dated 5 November 2025;[16]

(e) Letter from Sarah Drager of Uniting dated 31 March 2025;[17]

(f) Progress notes prepared by Dr Helen Driscoll dated 28 July 2020;[18] and

(g) Further letter tendered this morning from Jeffrey Watts of Windana dated 15 December 2025.[19]

1. Your counsel relied upon the following matters in mitigation:

(a) Plea of guilty;

(b) Youth;

(c) Background of disadvantage and mental health;

(d) Delay;

(e) Punitive nature of the residential rehabilitation;

(f) Imprisonment being more burdensome for you than that of a person of normal mental health; and

(g) Good prospects of rehabilitation.

1. You have entered pleas of guilty following extensive negotiations. I understand that you were prepared to resolve the matter from an early stage on the basis that it has ultimately resolved upon. I accept that your pleas can be viewed as being entered at an early stage. They entitle you to a significant sentencing discount. By pleading guilty you have facilitated the course of justice and taken responsibility for your actions. You have saved the community the time and expense associated with a trial. You have also ensured that the victim of the armed robbery and other witnesses have avoided having to give evidence at a trial.

1. I have had regard to Dr Owen's psychiatric assessment. He has diagnosed you with complex post-traumatic stress disorder ('CPTSD'). Dr Owen opines:

I think that Mr Lynch has CPTSD. This is a form of PTSD that is associated with protracted trauma over many years (as opposed to one or a few specific incidents), in which core symptoms of PTSD are present (re-experiencing, avoidance and heightened sense of threat) in addition to disturbances of self-organisation: emotional dysregulation, interpersonal difficulties and negative self-concept. However, it seems that his CPTSD symptoms are probably not as severe now as they were in the past, and it is likely that his uncontrolled substance use exacerbated his difficulties with panic attacks, hypervigilance, and emotional dysregulation.[20]

2. Dr Owen talks about the trauma that you suffered as a result of being abused by your stepfather. He states:

I think that Mr Lynch was severely impacted by the physical and emotional abuse that he suffered from his stepfather. It stands to reason that there is an association between his sense of insecurity and feeling unwanted, present at home, and his subsequently leaving home and finding an escape into alcohol and other drugs. He experienced feelings of anger, particularly towards his stepfather, but also his mother, and he also experienced feelings of shame - of not being good enough to be part of the family. I think he has also struggled with the difficulties associated with never really knowing his biological father and feeling rejected by his stepfather. I think this combination of anger and shame has been close to the root of his mental health difficulties as well as the intolerable states of mind that trigger uncontrolled drug use.[21]

3. Dr Owen did not have the opportunity to confirm or refute a diagnosis of ADHD,[22] however, he recommends that an assessment take place.
4. Dr Owen confirmed a diagnosis of drug use disorder involving mainly alcohol, cannabis, stimulants and prescription sedatives. He notes that this disorder is in remission while in a protected environment.
5. In light of the CPTSD diagnosis, Dr Owen opines that you would experience imprisonment as being more burdensome than a person without that diagnosis. He states that prison is an inherently threatening environment that would cause you significant distress as a result of your hypervigilance and anxiety symptoms. However, Dr Owen states that your distress would most likely be contained with the assistance of mental health services.
6. In terms of future offending, Dr Owen states that the main risk factor is uncontrolled relapse into drug and alcohol use. There are other risk factors as well. Dr Owen states that you need to be involved in productive and meaningful activity in the community. You also require ongoing support and treatment for CPTSD. Dr Owen states:

Mr Lynch needs ongoing support and treatment for his CPTSD, because his use of drugs is linked to inadequately treated symptoms of CPTSD, e.g. anxiety, hypervigilance in company, transit states of paranoia etc., which themselves reduce the threshold for him to seek out drugs.[23]

7. In light of the opinions expressed by Dr Owen, I am prepared to accept that limb five of Verdins[24] has some application. Further, it is plain that you have endured a background of disadvantage. Feeling unloved within the home environment and being exposed to ongoing violence during your formative years, at the hands of your stepfather, led you to leave home and become embroiled in drug and alcohol use at an early age. The adverse childhood experiences have impacted your mental health, leading to a diagnosis of CPTSD. I accept that your moral culpability, quite apart from your youth, is reduced because of your difficult childhood in a general sense.[25]

1. Substance use has featured in all your offending. I think you understand the importance of refraining from drug and alcohol use. To your credit you have sought help in addressing these issues by partaking in a number of residential treatment programs. In February 2024, after your friend passed away, recognising the risk of relapse, you voluntarily entered the Uniting Gippsland Youth Residential Rehabilitation program for a period of four months.
2. You are currently engaged in a nine-month residential rehabilitation program at Windana. You became a resident on 14 April 2025 and are due to complete the program on 14 January 2026. I have had regard to the letter from Mr Jeffrey Watts, an AOD[26] clinician at Windana. He states that during the early stages of the program, you required targeted interventions to address concerns relating to behaviour, participation, and communication. These included instances of rudeness towards staff, possession of vaping devices on the property, unauthorised computer access, and low program engagement. However, despite early difficulties, there has been a significant improvement in your participation in the program. Mr Watts states that you have taken proactive steps to address your underlying behavioural concerns. You have commenced regular sessions with a psychologist and successfully completed the U-Turn program, which focuses on anger management and behavioural change. You are receiving career counselling with the Re-connect Program through Holmesglen TAFE. You have enrolled in an electrical pre-apprenticeship. You have been subject to testing for alcohol and drugs, both on a random basis, and when returning from leave. All tests have been negative. You have been participating actively and contributing in a meaningful way, both in an educational setting and in respect of structured work programs.
3. The Uniting program ran for four months, following a 10-day detoxification program. It required you to participate in several classes every day and entailed a nightly curfew. You were only permitted to leave the residence in the company of staff.
4. The current Windana program requires you to attend daily activities and meetings until around 4.30 p.m. You were not allowed any leave during Phase 1 of the program. Phase 2 allowed leave from an initial eight-hour period graduating to overnight leave. The leave periods are a minimum of two weeks apart. Any leave required you to provide a written plan broken down into two-hour blocks indicating where you intend to be, with addresses and contact numbers. I was told that when on leave, you resided with your mother and stepbrothers. Mandatory drug testing took place upon your return, which returned negative results, as I stated earlier. During the first eight weeks of the program, you were not allowed any visitors. The up to date letter tendered this morning from Mr Watts, confirms that you are in the final phase of the program and you continue to progress well.
5. Bail conditions were varied to allow your participation in these two residential programs.
6. I accept that your participation in the recent and the current residential program is relevant in terms of demonstrating your commendable efforts at rehabilitation. It is also relevant in a punitive sense. While your residence in the two rehabilitation programs, which will total around 13 months, is not to be credited in the same manner as pre-sentence detention, I will take into account the punitive impact on you in the instinctive synthesis when arriving at a just sentence.[27]
7. Nearly two years have elapsed since the offending. At the time of this offending, you were 20 years old and will turn 23 on 21 December this year. Since being granted bail in July 2023, you have made real efforts to tackle your substance abuse and mental health issues. It has been done voluntarily by seeking admission into rehabilitative facilities. You have not been in any further trouble. You were prepared to resolve this matter to an armed robbery on the basis that it was not committed in company, as long ago as February 2024. It took until November 2024 for the prosecution to accept your proposed resolution.
8. I accept that the delay is relevant for both highlighting your progress and rehabilitation over a fairly significant period and as causing you anxiety and uncertainty in having the matter hanging over your head without knowing the ultimate outcome. Not knowing the end result is particularly prominent in your case bearing in mind your youth and the mental health issues you are grappling with.
9. Your youth is a relevant sentencing consideration. While you do not appear before me as someone with an unblemished record, your successful rehabilitation, particularly in light of the progress you have made, is plainly in the interest of the community.
10. Both parties concurred on the ultimate disposition. On behalf of the prosecution, Mr Pickering took no issue with the defence plea submissions. He accepted that residence at a treatment facility was relevant to both your rehabilitation, which was to be encouraged, as well as relevant for its punitive impact.
11. Bearing in mind you have served 126 days in adult custody as a 20-year-old, and have made good progress since the grant of bail, I do not consider it necessary to send you back into a custodial environment. The term that you have served, along with a CCO will meet all sentencing objectives, including the punitive aspects, general and specific deterrence, as well as encouraging and maintaining your rehabilitation.

1. I have had regard to all relevant matters and principles including the CCO assessment report dated 12 November 2025.
2. Please stand. I sentence you, Mr Lynch, as follows:
3. On Charge 2, armed robbery, you are convicted and sentenced to 126 days imprisonment.
4. In addition, on Charges 1 and 2 you will be convicted and sentenced to a CCO that will commence today and last for a period of 18 months.
5. Every CCO has core conditions with which you must comply. The core conditions are set out in a document that you will be given shortly. They include that you must not commit any offence punishable by imprisonment and that you must not leave Victoria except with the permission of the Secretary.
6. In addition to the mandatory core conditions, the CCO will also include the following special conditions:
   • First, you must undergo assessment and treatment (including testing) for drug abuse or dependency as directed.
   • Second, you must undergo assessment and treatment (including testing) for alcohol abuse or dependency as directed.
   • Third, you must undergo any mental health assessment and treatment as directed.
   • Fourth, you will be subject to supervision as directed for the duration of the CCO.
7. You must report to Pakenham Community Correctional Centre within two clear working days from today.
8. Mr Lynch, you need to understand that if you were to breach the CCO in any way, either by committing another offence or by not complying with any of the core conditions or any of the special conditions, then you could be charged with the offence of breaching the order.
9. The offence of breaching a CCO itself carries a maximum penalty of three months' imprisonment. So were you to breach the order, you would need to come back to court and face sentencing for that breach offence. In those circumstances, you could also be resentenced for the offences for which you have been placed on the order today. You would then face the possibility of being sent to custody.
10. So, there are serious consequences attached to any breach. Do you understand that?
11. OFFENDER: Yes.
12. HIS HONOUR: Do you also understand all of the conditions of the proposed CCO?
13. OFFENDER: Yes.
14. HIS HONOUR: Do you consent to being placed on a CCO in the terms I have outlined and to abide by all of its conditions?
15. OFFENDER: Yes.
16. HIS HONOUR: Thank you. You will now be given a copy of the CCO which sets out all the conditions of the order. Please sign the order to formally acknowledge your consent.[28]

1. Pursuant to s 18 of the Sentencing Act 1991, the period of 126 days of pre-sentence detention, is declared as having already been served in respect of this sentence.

Section 6AAA declaration

1. Pursuant to s 6AAA of the Sentencing Act, I indicate that had you pleaded not guilty and been convicted, I would have sentenced you to a term of 3 years' imprisonment with a non-parole period of 2 years.

1. I grant the disposal order sought by the prosecution.

[2] The charges against Drummond were discontinued.

[7] Post Traumatic Stress Disorder ('PTSD').

[10] This includes eight thefts from shop and a theft from a motor vehicle.

[11] This includes one offence of theft from shop.

[12] Including cannabis and a Schedule 4 poison.

[22] Attention Deficit Hyperactivity Disorder ('ADHD')

[24] R v Verdins [2007] VSCA 102; (2007) 16 VR 269 ('Verdins').

[25] Bugmy v The Queen (2013) 249 CLR 594, [40].

[27] Akoka v The Queen [2017] VSCA 214.

[28] Mr Lynch signed the order in Court.