DPP v Parker

3 In sentencing you for your crimes, I am required to have regard to the maximum penalties for the offences you have committed. The maximum penalty for the charge of attempting to pervert the course of justice is one of 25 years' imprisonment. The maximum penalty for the charge of persistently contravene family violence intervention order is five years' imprisonment. These maximums reflects the seriousness with which Parliament regards these offences.

4 The circumstances of your offending are set out in a document entitled, 'Summary of Prosecution Opening' dated 12 November 2021. That document represents your acceptance of the elements of the offences to which you have pleaded guilty, as well as the factual basis on which I am to sentence.

5 You, Mr Parker, were 35 years old at the time of your offending. During the offending period, you were remanded in custody at the Metropolitan Remand Centre, the Melbourne Custody Centre and Ravenhall Correctional Facility.

6 The victim of your offending is Ms Vera Tilson[2]. You and Ms Tilson were in a relationship from about July 2019. At the time of the offending, she was pregnant with your child. You moved in with Ms Tilson the week prior to your arrest.

7 On Wednesday 18 March 2020, you were arrested in relation to what was alleged to be assaults upon and threats against Ms Tilson, as well as assault of an emergency worker (police) and resisting an emergency worker (also police). An interim family violence intervention order was granted on the same day. You,

Mr Parker, were named as the respondent, with Ms Tilson as the protected person.

8 That order prohibited you from contacting or communicating with Ms Tilson by any means or getting another person to do anything that you were prohibited from doing under that order.

9 On Thursday 19 March 2020, you were remanded into custody and transported to the Melbourne Assessment Prison.

Charge 1: Attempt to Pervert the Course of Justice and Charge 2: Persistent Contravention of Family Violence Intervention Order

10 I turn now to Charge 1 and Charge 2, the circumstances.

11 Your offending was captured on ARUNTA telephone recordings.

12 Matthew Dawson is a friend of yours and a former housemate.

13 You first contacted him at 3.33 pm on 19 March 2020, the same day that you were remanded. During the conversation, according to the Crown opening, Mr Dawson states, 'I don't think you can contact her through the coppers'. You reply, 'I know I can't but I'll call you.'

14 At the end of this conversation, you state, 'Ring her as soon as you get off the phone. Tell her I love her, all right?'

15 Call charge records conducted indicate that Mr Dawson called a phone number registered to Ms Tilson immediately after your phone conversation. When this call was not answered, Mr Dawson sent a text message to the same number.

16 On 20 March 2020 at approximately 10.12 am, you called Mr Dawson and asked if he had spoken to your 'girl'. During that call you said,

(a) 'Tell her I'll ring her at 12 o'clock, try to get to her.'

(b) 'She needs to go to court and get the IVO dropped.'

(c) 'Nah she's gotta drop it before the 6th.'

18 On 21 March 2020 at approximately 8.32 am, you called Mr Dawson and stated, 'Fuckin' get hold of her bro and tell her I'll ring her at 12. Even go to her house and wake her up. I wrote yas a letter too bro. One for you and one for her, but it's the same letter.'

19 At approximately 10.05 am on Saturday 21 March 2020, you called Mr Dawson again and spoke to Ms Tilson, who was with Mr Dawson. During that call, you made the following comments to Ms Tilson:

(a) 'You needa go get the thing revoked and pull your statement.'

(b) 'Don't stress bub, I got court on the 6th, you go get this thing revoked and pull your statement and then I've only gotta fight the copper for assaulting the copper.'

(c) 'I'll probably get out on the 6th if you drop this thing and pull your statement. Just say to 'em that fuckin you were talkin' about what I used to do to my ex and that's not what happened to me, happened to you, all right?'

(d) Ms Tilson replied, 'I'll probably get done for perjury but.'

(e) You responded, 'No you won't. Nah just say you were highly intoxicated.'

(a) 'Yeah but even go see my solicitor, Karyn, and say listen this is bullshit. This is not what's happened ya know, they flogged into him. He didn't resist or nothin.'

(b) 'Go to the courts and get this thing dropped, see me solicitor, tell 'em ya know you're pullin'...'

(c) 'They're tryin' not to let you pull it but go to the court and say listen this is bullshit'.

(d) 'Go to the court and fuckin sort it out.'

21 On 22 March 2020 at approximately 1.37 pm, you called Mr Dawson and stated, 'Oi, do me a favour, pick her up and take her to the courthouse and that.'

22 There was a discussion between you and Mr Dawson about Ms Tilson in which you stated:

(a) 'Oi, just say, tell her you'll pick her up tomorrow, take her to the courthouse and that and lawyers and shit, get it dropped.'

(b) Mr Dawson replied, 'What's the point in takin' her there when she didn't even put the charges on? She can't take any charges off, bro.'

(c) You replied, 'She has to she can go there and just pull her statement. All right?'

(a) 'Whatta I gotta do? Go to the fuckin' courthouse?'

(b) You answered, 'Yeah.'

(c) Mr Dawson replied, 'I'll fuckin' do it and if she carries on like a goose, then I'll leave her there and she can fuckin' walk home.'

(d) You replied, 'Yeah. All right, bro.'

24 On 23 March 2020 at approximately 10:16 am, you called Mr Dawson. The phone was handed to Ms Tilson and the two of you had a conversation which included the following:

(a) You stated, 'What are you doin'? Are you goin' to see the solicitor and that?'

(b) Ms Tilson replied, 'Yeah.'

(c) You stated, 'Yeah, all right. You needa pull the statement' and, "Just say you were drunk and you thought you were in a relationship with someone else.'

(d) Ms Tilson replied, 'What do you mean?'

(e) You answered, 'Just say you were drunk and you don't know what you were saying.'

(f) Ms Tilson asked, 'Me? I don't know what you mean.'

(g) You replied, 'Just say you don't know what you were sayin', fuckin' yeah.'

(h) Ms Tilson replied, 'Well I was pretty frazzled, not gonna lie.'

25 On 26 March 2020 at approximately 5 pm, you called Mr Dawson and spoke with Ms Tilson.

(a) You said, 'Fuckin doin' my head in. You needa retract the fuckin' statement, babe.'

(b) Ms Tilson said, 'I've tried.'

(c) You replied, 'Yeah well you're gonna have to come to court.'

(d) Ms Tilson replied, 'I don't even know if they're gonna be allowing people to go in.'

(e) You replied, 'Yeah I'll be a video link. Even go see my lawyer, Karyn Werner' and, 'You gotta go get the IVO varied.'

(f) Ms Tilson replied, 'I've already tried.'

(g) You stated, 'Yeah but don't listen to them, you're gonna have to see my lawyer. You gotta change your statement.'

(h) Ms Tilson became upset and started crying. You stated, 'Don't get upset, it's okay, it's my fault.'

(i) Ms Tilson told you, 'I've tried everything I can. I' m just gonna have to keep goin' back and get on their case about it.'

(j) You stated, 'Go see my lawyer and tell her what's goin' on. Say, fuckin', I lied in my statement fuckin blah blah blah and he's in there for no reason.'

(k) Ms Tilson replied, 'I can't really say I lied.'

(l) You said, 'Well you can cause you were drunk, you don't know what you were sayin'.

26 Between 27 and 28 March 2020, you made four calls to Mr Dawson where you arranged for Ms Tilson to attend to Mr Dawson's address for a phone call.

27 At 5:33 pm on 28 March, you called Mr Dawson and spoke with Ms Tilson. During the call you said:

(a) 'You know what to tell 'em, you want to change your statement because you lied. Just say that.'

(b) Ms Tilson said, 'Yeah but I'll get done for perjury.'

(c) You said, 'Oi you won't get done, fuck me dead, I needed a holiday anyway.'

(d) Ms Tilson said, 'It's perjury. That's what it is.'

(e) You replied, 'Oh fuckin big deal, it's better than fuckin doin' 18 months gaol' and, 'That's how fuckin long I'll probably get.'

(f) Ms Tilson said, 'I'm trying, I'm just harassing them.'

(g) You said, 'Go see the solicitors and that and just do that shit bub. You gotta help get me out.'

28 On 30 March 2020 you called Mr Dawson and said, 'Tell my girl I'm at Ravenhall. Tell her I'll ring at 10 in the morning.'

29 The next day, you called Mr Dawson and spoke to Ms Tilson. There was another discussion about her pulling her statement.

30 Later that day, you again called Mr Dawson and spoke to Ms Tilson. There was a discussion about Ms Tilson being put on the your phone list under the alias 'Cyann Hadges'. During this call, you again asks Ms Tilson to change her statement.

31 On 1 April 2020, you called Mr Dawson and spoke to Ms Tilson. During the call, you and Ms Tilson discussed the intervention order and whether she had spoken to your solicitor. You stated, 'You've gotta call Legal Aid and get Karyn Werner's number and talk to her, 'cause tomorrow's Thursday. I've got court Monday.'

32 The next day, on 2 April, you called Mr Dawson and again spoke to Ms Tilson. During the call, you asked her whether she had spoken to your lawyer.

33 On 3 April, you called Mr Dawson and stated, 'Tell her to go to the courts and get the shit dropped.'

34 On the same date, 'Cyann Hadges' was added to your phone list with the phone number that was registered to Ms Tilson.

35 At approximately 3.38 pm, you called Ms Tilson on this number and spoke to her as if she were Cyann Hadges.

(a) On the call you stated, 'Vera's gonna have to go to court and see my solicitor and get the IVO varied and that.'

(b) Later in the call, you said, 'Vera just needs to tell, just need to tell 'em you were drunk and you don't realise what you were sayin', fuckin' blah blah blah blah in the statement cause they're not allowed to take statements off people when they're intoxicated.'

(c) Ms Tilson replied, 'It's all good, I'm on to it.'

36 You called Ms Tilson under the name Cyann Hadges again and gave her the phone number for Shepparton Legal Aid. You asked her to talk to your solicitor.

37 The following day on 4 April 2020, you called Ms Tilson at approximately 9:33 am under the name Cyann Hagdes. When discussing the pending court appearances during the call you stated, 'In the court you've just gotta say, "Listen, I was drunk, I don't even remember what I said in the statement, we had an argument and he left."

38 You made a further eight calls to Ms Tilson on this day.

39 The next day, you called Ms Tilson twice and discussed her changing her statement.

40 You asked Ms Tilson to speak with your lawyer and tell the police that she had lied.

41 On 6 April 2020, the family violence intervention order was varied to allow you to contact Ms Tilson.

Conduct Specific to just Charge 1: Attempting to Pervert the Course of Justice

42 From 6 April to 29 April 2020, you contacted Ms Tilson and pressured her to either withdraw her statement, change her statement or provide a statement of 'no complaint'.

43 Your comments included, but are not limited to, the following:

(a) 'Go to the cop shop and say listen I lied, I was drunk, I lied.' That was on

5 April 2020.

(b) On 6 April 2020, 'Try and get onto the coppers and change your statement too.'

(c) On 17 April 2020, 'Fuckin' doin' my head in. You needa retract the fuckin' statement babe.'

(d) On 19 April 2020, 'Yeah, just say you were drunk and you didn't even know what you were sayin'.'

(e) On 27 April 2020, 'All you gotta do is tell him what we did. We had an argument and I left and I come back to the police being there and all the other shit you said is not true.'

(f) On the same date, 'Just make sure you say, statement of no complaint and ya know, that shit is bullshit ya didn't, you thought you were talkin' about your ex-husband or some shit. I dunno.'

(g) Again on the same date, 'You just gotta do this thing, statement of no complaint. Fuckin' say we had an argument and I left which is what happened and that all the other shit is bullshit. That's it. Then I'll be home.'

44 You also sent two letters to Ms Tilson referring to the pending court matters. Those letters included the following statements:

(a) 'I'm over gaol. I might be doing some time if police fuck me over and if you don't see my lawyer. I really need you at court with your niece and brother as your witness to cops flogging me.'

(b) 'If you don't change your statement and tell them you lied, I could be doing 18 months' gaol 'cause the police are trying to give me max sentence.'

45 On 29 April 2020, Ms Tilson did attend the Shepparton police station and made a statement of 'no complaint'.

46 You were interviewed in relation to these matters on 9 September 2020 when police attended Dhurringle Prison to interview you. On that occasion, you refused to be interviewed, as is your right.

48 No victim impact statement was tendered in this matter. However, Ms Tilson was a victim of your violence immediately prior to the period of your offending and during your offending. Given the context of the offending which saw you remanded, the details of which have been made known to me in the charge sheets and, included placing your hands around her neck, I am hardly surprised. I have little doubt that Ms Tilson was and remains afraid of you.

49 The family violence offending is between the dates of 19 March 2020 and 5 April 2020 and therefore coincides part in time and in fact with the attempt to pervert the course of justice charge, which occurred between 19 March 2020 and

50 Ms Tilson had the family violence intervention order varied to a limited order on or about 6 April 2020, at which time it was no longer an offence for you to make contact. Whilst each charge on the indictment carries separate elements, given the cross-over in both facts and timeline, care must be shown to avoid double punishment such that, in my view, there should be substantial concurrency in the sentences imposed.

51 The gravity in your offending for Charge 2 comes in the flagrant breach of a court order and in the background of family violence against Ms Tilson which made her vulnerable to your demands.

52 Your offending has obviously occurred in a family violence context. General deterrence is paramount and, in your case, given the period of your offending, the nature of it and your criminal history, specific deterrence is also important.

53 Obviously, intervention orders can only protect victims of threatened violence if they are effectively enforced and if the breach of an order attracts an appropriate sentence.

54 The charge of attempting to pervert the course of justice is the most serious charge. That charge is particularised as:

(a) While speaking to Matthew Dawson on the telephone, you requested that Matthew Dawson contact Vera Tilson to attempt to persuade her to withdraw her complaint to the police about you, including by asking her to withdraw charges against you;

(b) Contacting the complainant, Vera Tilson, by telephone to request that she withdraw her complaint to police about you, including asking her to withdraw charges against you and make a statement of no complaint; and

(c) You wrote two letters to Vera Tilson asking her to withdraw her complaint to police about you, including asking her to withdraw the charges against you and make a statement of no complaint.

55 The offence of attempting to pervert the course of justice may 'embrace a wide spectrum of criminal conduct'. However, it is an offence that strikes at the heart of the administration of justice and normally does requires a term of imprisonment to be imposed.

56 Charles JA, in the Victorian Court of Appeal quoted, with approval, a sentencing judge in the case of Healy (unreported, Victorian Court of Appeal, 4 August 1997), who observed:

'The administration of justice depends upon the system operating so that people who commit crimes are pursued, are brought to court and are punished, and those who take part in trying to interfere with that system commit a grave injustice insofar as the community is concerned.'

57 In the decision of Buscema [2011] VSC 206, Nettle J referred to a number of circumstances which assist to inform the gravity of the offending. These include:

a) The consequences which the offending was calculated to avoid;

b) The time for which the deception was maintained and whether it was actively repeated or persisted in or merely allowed to continue;

c) Whether the deception involved some other person, either as an accomplice or as a victim;

d) Whether there was any threat of violence involved;

e) Whether the offence was spontaneous or premeditated; and

f) Whether the deception resulted in the deception of the court or the creation of false public records and, if so, the extent and consequence of that.

58 In your particular case, your offending was borne of your self interest in an effort to avoid prosecution for offending against both Ms Tilson and police members. Your offending was protracted and persistent and inveigled Mr Dawson to become involved. You weren't concerned about potentially exposing him, nor Ms Tilson to criminal charges, nor Ms Tilson's continuing distress. As you were aware, Ms Tilson was pregnant with your child at the time.

59 Whilst your calls were recorded and ultimately led to you being charged, there was a degree of subterfuge in, firstly, involving Mr Dawson so contact could be made with Ms Tilson and then also suggesting Ms Tilson use an alias. You were persistent in your pressure upon her to retract her statement detailing offences of violence which you had committed against her. Whilst not how the charge is particularised, your calls also included that she revoke the intervention order and her observations of you assaulting police. You will of course only be punished for that with which you are charged. I accept your counsel's submission that I could not be satisfied to the required standard that Ms Tilson amended the intervention order on 6 April 2020 to a safe contact order because of your requests for her to do so. The circumstances in which that transpired have not been made clear to me.

60 However, I am less convinced about Ms Tilson's decision to attend upon police on 29 April 2020 and to then make a statement of 'no complaint.' It would be open to draw an inference that this was partly because of your direct approaches to her to do so over a five to six week period, her responses to you as outlined in the accepted Crown document, your use of Mr Dawson to facilitate your contact and your recent history of violence against Ms Tilson. This would represent a matter of some aggravation, so far as the offence of attempting to pervert the course of justice is concerned. In addition, I note the particularisation of the charges to which you have entered your guilty. I am satisfied that it was at least a contributing factor that Ms Tilson did respond to the approaches you made to her in her decision to make a statement of 'no complaint'.

61 Your counsel helpfully referred me to a number of recent decisions, including those of Dunford v The Queen [2021] VSCA 304; Matovic v The Queen [2021] VSCA 212; Baker (a pseudonym) v The Queen [2021] VSCA 258 and Carter v The Queen [2020] VSCA 156 by way of comparative cases, all of which involved a charge of attempting to pervert the course of justice in a family violence context.

62 There are naturally some differences in factual circumstance, for example, Mr Dunford had no direct contact with his victim of family violence when attempting to pervert the course of justice, Mr Matovic had committed extremely serious offences of violence and made four phone calls to the victim with made threats to her and to her family, Mr Baker was very young, between the ages of 21 and 23 at the time of his offending. I have had recourse to each of these decisions which are of some assistance.

63 Whilst your counsel is correct in her submission that there are worse examples of this particular charge, I do take the view that the circumstance of the charge of attempting to pervert the course of justice is not at the lower end. Whilst your counsel also correctly points me to the fact that you did not use direct threats or coercion, in my view, you hardly needed to, given the context of your relationship with Ms Tilson.

64 I am told that on 1 July 2020, you ultimately pleaded guilty to charges of recklessly engaging in conduct placing Ms Tilson in danger of serious injury, assaulting an emergency worker whilst on duty and resist an emergency worker, that plea being entered at the Shepparton Magistrates' Court on 1July 2020. It was this offending which occurred immediately prior to your remand on or about 18 March 2020 and therefore set the background for the charges on the indictment.

65 Your offending occurred in the context of you, as a perpetrator of family violence, seeking to prevent your victim from seeking exactly what she was entitled to, that is, the full protection of the law and of her physical and emotional safety. General deterrence and denunciation loom large in the sentencing mix. Whilst warranting distinct punishment as I have said, care must be taken not to punish you for the offending which it was sought to conceal. That task has been taken care of by the Shepparton Magistrates' Court on 1 July 2020.

66 In this instance, however, the time line also gives rise to the principle of totality, which would have application in any event.

67 The totality principle requires that where an offender is being sentenced to multiple terms, or is otherwise to serve multiple sentences, then the sentencer should ensure that the total sentence remains one which is 'just and appropriate' for the whole of the offending.

68 Some assistance is gained from the chronology as partly outlined.

69 As I have said, you were remanded into custody on 19 March 2020. The sentence of eight months imposed by the Shepparton Magistrates' Court on 1 July 2020 was in relation your offending on 18 March 2020 which led to your remand. One hundred and six days were reckoned as having already served under this sentence.

70 You were interviewed by police for the offences on the indictment on 9 September 2020, but not charged until 3 March 2021.

71 It was on 10 September 2021 that you were formally remanded into custody for the charges on the indictment. Up until that time, you had been charged on summons. You have 96 days directly referable to these charges available as pre-sentence detention.

72 In that sense the proper question is: What would likely to have been the effective sentence imposed if sentencing had been able to take place at the one time, particularly for such interrelated matters?

73 In addition, you spent the period between 7 January 2021 and 9 September 2021, some 245 days, on remand for a matter which is yet to be determined involving allegations of family violence against Ms Tilson. I do take the period between 7 January 2021 and 9 September 2021 into account in what has been described as Renzella time.

74 The application of these principles, that is, totality and Renzella time, does require some moderation of the sentence to be imposed.

75 I turn now to your plea of guilty. The charges on the indictment resolved on

10 September 2021 prior to any contested committal taking place.

76 Your guilty plea does have utilitarian value in saving the court the time and expense of contested proceedings. More importantly, it has saved the witnesses, particularly Ms Tilson, the need to give evidence and relive distressing events.

77 Your plea of guilty in the context of the COVID-19 pandemic also has additional utilitarian value as it provides both certainty and finality to all parties in circumstances where the courts operations have been significantly disrupted and many trial dates remain as yet unfixed.

78 In the recent decision of Worboyes v The Queen [2021] VSCA 169 at

"A plea of guilty entered during the currency of the COVID-19 pandemic is worthy of greater weight in mitigation than a similar plea entered at a time when the community and the courts are not afflicted by the pandemic's effects. A plea of guilty during the pandemic ordinarily should attract a more pronounced amelioration of sentence than at another time..."

79 This was recently reinforced in the decision of Rossi v The Queen [2021] VSCA 296.

80 Your remorse is a little harder to discern, but I accept that you at least regret your actions.

81 All of these factors will be taken into account in your favour.

82 I turn now to your personal circumstances which are set out in detailed and helpful submissions provided by your counsel and are contained in a psychological report authored by Mariam Latif, psychologist, dated 17 November 2021. Both documents were tendered on your plea.

83 You were apparently born in Albury and had a dysfunctional and dislocated childhood and adolescence.

84 You report to Ms Latif that your parents were 'never really together"' but you witnessed ongoing domestic abuse during periods when they did live together.

85 You report that your mother was often preoccupied with new romantic relationships and put those relationships ahead of you. Your father was drug addicted and physically abusive towards you. You have had no contact with your father for approximately 12 years. You have had minimal contact with your mother until recently after about 11 years of estrangement.

86 You have an older brother and three step siblings. One of your stepbrothers died from suicide at the age of 30, one week prior to your assessment with Ms Latif.

87 You report a poor relationship with your biological brother and advise that you were often separated between different family members' care during your childhood, and as a result, never became close. You are currently not in contact with your biological brother.

88 You spent most of your childhood living with extended family, including your aunty and grandparents. You were constantly moving between family members which resulted in you growing up across multiple states.

89 In your early adolescent years, you would run away from home and live with friends. Sometimes you would live on the streets. You remained relatively transient until your early 20s, when you were able to acquire stable accommodation.

90 You report attending seven different primary schools as a result of constantly moving. This made it difficult for you to make friends and you struggled academically.

91 By secondary school, you had lost interest in school and began getting suspended frequently. You struggled with literacy and were unable to read and write adequately. You were not provided with academic assistance and began truanting from school, eventually leaving in Year 8.

92 I accept that, overall, this was a very difficult upbringing which has undoubtedly had its impact on you

93 After leaving school, you worked for approximately 18 months in a sawmill with your uncle. You began working in the automotive industry at 19 years of age and remained in this line of work until aged 35. You described yourself to Ms Latif as a reliable worker, working for a company in Shepparton for about eight years. You do report being consistently employed.

94 In 2018, you began working as a forklift driver and would also set up marquees for an outdoor events for a company called GV Party Hire. You continued this work until the time of your remand.

95 You state you were contemplating obtaining a trucking licence so that you can drive trucks as an occupation in the future.

96 You have had two significant intimate relationships.

97 Between 2004 and 2018, you were in a long-term de-facto relationship with

Ms Gabby Ray[3]. Your relationship broke down in large part due to your drug use. You have two children from that partnership, Michael[4], aged 16 years and Julie[5], aged 10 years. You have not had contact with your children since 2019. Your prior criminal history would indicate that this was also a relationship marred by family violence.

98 In 2019, you commenced a relationship with Ms Tilson. In September 2020, she did give birth to your child, a son, Chris[6]. You were in custody at this time. Chris was removed from Ms Tilson's care by the Department of Families Fairness and Housing and initially placed in foster care. Chris was removed from his placement due to an allegation that another child in care had sexually abused him. Understandably you have found this information distressing, not only in terms of its content, but also as your incarceration means you have been unable to assist your son in any way.

99 Chris is currently subject to a Family Preservation Order and is residing with your maternal grandmother, who is not seen as a suitable long-term carer given her own health issues. It is your intention is to eventually have shared custody of Chris with Ms Tilson. I accept that this is a considerable motivator for you to lead a more positive life.

100 You began smoking cannabis and drinking alcohol at the age of 13. By 15 years of age, you were using amphetamines and continued using them until 2012, when you then began using methamphetamine. Your use of methamphetamine increased in 2018 following your relationship breakdown. You reported a six week abstinence from drugs following your release from custody in 2020 but relapsed and began using ice over the Christmas period of that year.

101 You report to Ms Latif that you often suffer from symptoms consistent with drug induced psychosis, including paranoid delusions and visual hallucinations. You would often go a week without sleep, which would exacerbate your psychosis.

102 Alcohol abuse has been an issue for you since your 20s. You have been hospitalised for alcohol poisoning on one occasion. Prior to your arrest, you report drinking every day and would consume a bottle of spirits or a slab of beer on each day.

103 In 2016, you were diagnosed with depression and were prescribed anti-depressant, Mirtazapine. You report attempting suicide on three occasions.

104 In December 2020, you were placed on a Mental Health Care Plan as you were observed to be presenting with depressive symptoms. Whilst you report to

Ms Latif that you engaged in short-term counselling, it would seem that your mental health issues, as identified, have largely remained untreated.

105 It is in her report that Ms Latif diagnoses you with Stimulant Use Disorder, Alcohol Use Disorder and Adjustment Disorder. Your metal health presentation to her indicates untreated depression and anxiety issues that are related to maladjustment. She opines that you are likely experiencing a depressive episode and that it is likely that you will find the custodial environment harder to cope with emotionally than someone not suffering from this type of depression.

106 I accept that there is some application of Limb 5 of the principles of R v Verdins & Ors [2007] VSCA 102; (2007) 16 VR 269, that is, your condition will increase the hardship experienced by you in prison as compared with a prisoner who is not in that circumstance.

107 Ms Latif opines that your antisocial personality traits likely made you more prone to impulsive, aggressive behaviour along with apathy towards others and poor victim empathy. She is of the view that it is essential that you address your substance use and psychological presentation, especially as it relates to anger and poor adjustment, if you are to reduce your risk of re-offending.

108 An assessment of that risk come in your criminal history. You do have a relevant criminal history in both Victoria and New South Wales.

109 Between 2002 and 2005, you appeared before the Raymond Terrace Local Court in New South Wales on three occasions for driving offences, shoplifting and larceny. You received a range of fines and license disqualifications.

110 Between 2005 and 2011, you appeared before multiple courts in New South Wales, again for a range of offending, which included violence, drug and stalking offences. You received a range of bonds and terms of imprisonment, both suspended, and also terms required to be immediately served.

111 Your prior history in Victoria commences in 2014 and is all before the Shepparton Magistrates' Court.

112 On 22 April 2014, you appeared for charges of possess imitation firearm, unlicensed store ammunition and resist police. You received an adjourned undertaking without conviction. It would appear that you completed that undertaking.

113 On 21 August 2015, you appeared for charges of recklessly cause injury, resist police and contravene and persistently contravene a family violence intervention order for which you were fined.

114 On 20 December 2016, you appeared for aggravated assault of a female and were again fined.

115 On 8 May 2018, you appeared for multiple charges of contravene and persistently contravene family violence intervention order, contravene a condition of bail, resist an emergency worker, aggravated assault of a female, unlawful assault and fail oral fluid test. You received a term of imprisonment of 35 days in combination with a 12 month Corrections order and a fine. This Corrections order was confirmed on 17 July 2018 when you appeared for a contravention of that order. On this date, you also received a term of imprisonment of 17 days for charges of persistently contravene a family violence intervention order, contravene a condition of bail and fail oral fluid test.

116 On 25 September 2018, you appeared for charges of persistently contravene a family violence intervention order, contravene a condition of bail and commit an indictable offence whilst on bail. You received a Corrections order of 12 months duration with an unpaid community work condition.

117 On 19 November 2018, you appeared for contravention of the Corrections Orders imposed upon you on 16 July 2018 and 25 September 2018. Those breaches were found proven and both Corrections orders were varied. On this date, you also received a term of imprisonment of 90 days for charges of persistently contravene a family violence intervention order and contraventions of a family violence intervention order.

118 On 23 July 2019, you appeared for contravention of both Corrections orders, which were cancelled and no further order was made. For charges of persistently contravene a family violence intervention order and contravene a family violence order, you received a Corrections order of eight months' duration. You had approximately four to five days left on this order at the time at which your offending on the indictment commenced, which is a somewhat aggravating aspect to your offending.

119 On 24 February 2020, you appeared for contravention of the Corrections order imposed on 23 July 2019 and entered an undertaking of some 12 months duration. You are in breach of that undertaking by the offending on the indictment which is an aggravating feature of that offending.

120 As previously outlined, on 1 July 2020, you were sentenced to eight months' imprisonment for charges of reckless conduct endanger serious injury to

Ms Tilson, assault police office and resist police officer.

121 Whilst you are not to be punished for your criminal history a second time, it would appear that, to date, you have failed to respond to short sharp shocks by way of terms of imprisonment or to therapeutic orders designed to foster your rehabilitation. You have a clear history for family violence offending against each of your intimate partners. That history is relevant to the need for specific deterrence, denunciation and the need to protect the community, particularly intimate partners from you. It is also relevant to an assessment as to your prospects for rehabilitation.

122 In terms of those prospects, whether through sentence or remand, this has been the longest period you have been required to spend in custody.

123 Clean urine screens have been tendered as have a bundle of certificates confirming that you have completed programs in 'Release Related Harm Reduction', 'Keeping your Cool', 'Cannabis and Me' and 'Alcohol and Me'. It would appear that you are using your time wisely whilst in custody.

124 I note also that your period of remand to date, and at least for some of any sentence, is during the Corrections response to the COVID-19 pandemic. This has, in general terms, meant less freedom of movement, less access to visits and less access to programs, making the prison setting more onerous than it would otherwise be. I take this factor into account.

125 I do accept that you are highly motivated in developing a relationship with your infant son and encourage you maintain this resolve. You have recently reconnected with your mother in the context of your incarceration and Child Protection proceedings in relation to Chris and hopefully gives you an additional support which has not otherwise been available to you.

126 You are to be encouraged in your efforts. Nevertheless, at this point in time, the assessment of your prospects can only be described as guarded.

127 That moment has come, Ms Kelly and Ms Grunwald. I just want to check if there is anything that you want to bring to my attention?

128 MS GRUNWALD: Your Honour, I think Your Honour misspoke in relation to the date when discussing Renzella time.

129 HER HONOUR: All right, that is entirely possible, Ms Grunwald, yes.

130 MS GRUNWALD: I am not sure if my learned friend also picked up on this. But Your Honour said something along the lines of that Your Honour takes into account the date range of 1 July. Your Honour said 2019 and the date should be 2020.

131 HER HONOUR: Yes. Well it is the period between 7 January 2021 and

133 HIS HONOUR: It is that 245 days, is that also right?

135 HER HONOUR: Well that is the period that I meant to refer to, so thank you very much, Ms Grunwald, for bringing that to my attention. That is one of the reasons why you and Ms Kelly are there and I will make that correction. Is that the right correction?

136 MS GRUNWALD: Yes, Your Honour. That is all that I wish to raise.

138 MS KELLY: It is perhaps a minor matter, but when Your Honour was reading out the criminal history, there is a date of 25 September 2018 for which Mr Parker received a community corrections order. When Your Honour was reading out Your Honour's reasons, I heard Your Honour refer to that as 25 April 2018. But I do not imagine that affects anything. It is not a matter of significance. I just out of an abundance of caution thought I should raise it.

139 HER HONOUR: No, I invited you to do so and the correct date is, and I have got it here, so goodness knows why I said April, is 25 September 2018. Thank you. Is there anything else?

142 In terms of sentencing, the basic purposes for which a court may impose a sentence are punishment, general and specific deterrence, rehabilitation, denunciation and protection of the community. In sentencing, I must have regard to a range of matters such as the seriousness of the offending, your culpability for it, your personal circumstances and those of your victim.

143 I am also required to balance the interest of the community in denouncing criminal conduct with the interest the community clearly has in seeking to ensure, where possible, that offenders are rehabilitated and are reintegrated into society.

144 I have taken into account the relevant sentencing guidelines and I have taken into account the factors referred to in s5 of the Sentencing Act.

145 In relation to Charge 1, attempting to pervert the course of justice, you are convicted and sentenced to 22 months' imprisonment. This is the base sentence.

146 In relation to Charge 2, persistently contravene a family violence intervention order, you are convicted and sentenced to 12 months' imprisonment. Two months is cumulative on the base sentence.

147 That forms a total effective sentence of two years' imprisonment. I fix a minimum of sixteen months before becoming eligible for parole and reckon 96 days as having already been served pursuant to s18 of the Sentencing Act.

148 Section 6AAA of the Sentencing Act does requires me to state the sentence that I would have imposed if you had not pleaded guilty to the charges. If not for the plea of guilty, you would have been sentenced to three years with a minimum of two years before being eligible for parole.

151 HER HONOUR: Ms Kelly, I will give you the opportunity to speak to

152 MS KELLY: As Your Honour pleases and thank you for that opportunity.

153 HER HONOUR: Thank you. I will stand down. Close the court until 9.30 tomorrow. Thank you.