DPP v Saurini [2022] VCC 1054

Covid-19 pandemic and the consequent delays in the listing of trials in this court. 27. Mr Saurini, I state to you that I have taken into account all the matters raised on your behalf in mitigation of penalty during the course of the plea, during which your counsel spoke to detailed written submissions which became Exhibit 6. 28. The matters raised included the following: 29. The fact that almost two years before the jury was empanelled on your trial, you made an offer to plead guilty to the offence for which you are to be sentenced today. I take the making of the offer to be evidence of your remorse for negligently causing serious injury to Senior Constable Brown, as I do your expressions of concern for his welfare made immediately upon your presentation to the police station the next day.[4] You are entitled to have these matters taken into account in mitigation of penalty, and I have done so. 30. I have taken into account your youth. You are now only 22 years of age, and you were 19 when these offences were committed.[5] 31. Apart from a single traffic infringement offence, you have no criminal history. 32. After two days on remand, you were bailed to comply with Youth Justice supervision. A report from the Youth Justice Bail Support Program - Exhibit 8 - shows that you complied exceptionally well with the stringent conditions of bail, which included a strict curfew, and you attended 47 of 49 appointments with youth justice, undergoing urine screening to detect substance abuse and the completion of the substance-use program administered by the Youth Support and Advocacy Service (YSAS), which service closed your case in April 2020 because you had completed all of its requirements. The author of the progress report to the Magistrates' Court concluded that you had engaged very well with all the conditions of your Youth Justice bail and once you turned 21 they transferred your supervision from Youth Justice to Corrections. 33. I have taken into account delay. These charges have hung over your head for nearly three years now, and, until the jury's verdict, the more serious charges on the indictment carried with them the almost certain prospect that a term of imprisonment was likely to be imposed, should you have been convicted of them. 34. I have taken into account your background and personal circumstances. These are set out in counsel's submissions and in the psychologist's report. 35. Your parents separated when you were about 10 and you have lived with your father since about the age of 14. You left high school during Year 11 to commence an electrical apprenticeship, which you later changed to carpentry, and you completed your apprenticeship as a carpenter in 2021, whilst awaiting trial on these charges. 36. You have been in full-time employment for some years now as a carpenter in the construction industry. Despite not having a licence, you have managed to attend on site at 6.00am on a reliable basis for some years now. And there was a glowing reference from your employer, which formed part of the references which are Exhibit 9. 37. You have been in a steady relationship with your partner since the age of 19. 38. I have taken into account your otherwise good character and a number of references were tendered on the plea - Exhibit 9 - showing amongst other things, that you continue to enjoy the support of both your parents and of your extended family, and their encouragement in your continued rehabilitation. 39. I have taken into account the report of the psychologist Sandra Cokorilo, which is Exhibit 7. She recorded a history of some difficulties and behavioural issues during your school years and wrote that your family life became dysfunctional as a result of your parents' breakup, and that this may have contributed to your disruptive behaviours, substance abuse and depressed mood. She felt that at that time you had suffered from depression, though this was in remission, as was your substance abuse disorder which she felt had begun as a coping mechanism. She recorded your history of substance abuse, which began with the smoking cannabis when you were about 16 and progressing to regular methamphetamine use until the time of this offending. To her, you reported that the shock of your two days in custody was such that you have not had any difficulty maintaining abstinence since. She recorded also your expressions of remorse and of empathy for the plight of Senior Constable Brown, and your acceptance of responsibility for it. She did not think you currently suffered from any diagnosable mental condition and wrote that, in her view, your risk of reoffending was low. 40. Having regard to all those matters, it was submitted that your rehabilitation is already well-established and that I should regard your prospects of rehabilitation as very good. I agree. 41. On your behalf, it was submitted that all relevant sentencing considerations could be met by the imposition of a community corrections order with punitive conditions of supervision and community work. Counsel for the Director of Public Prosecutions agreed with this submission. 42. Against the matters to be taken into account in mitigation of penalty must be balanced the fact that your negligent driving on this night has caused to Senior Constable Brown a very serious injury to his left leg and lasting psychological

ill-health, as well as disrupting his family life and imposing significant burdens upon those of his immediate family who have unstintingly supported him during these difficulties. That he will struggle to go back to the more confrontational aspects of police work is only to be expected, as his sense of apprehension will likely be elevated permanently. 43. If it needed to be stated, I should state to you that you are not to be sentenced on the basis as the Crown would have it when the case was put to the jury - that you deliberately drove your vehicle at the police vehicle, and that you knew that it was a police vehicle. Rather, you fall to be sentenced on the basis that under the influence of the substances you had taken that night, you panicked in the face of the very bright lights that shone upon your vehicle and fled, rather than using your vehicle as a weapon with which to assault police officers in the course of their duty, which was the way the Crown had framed its case. 44. Nevertheless, I regard this as a serious example of an offence the seriousness of which is marked out by Parliament's imposition of a maximum penalty of 10 years' imprisonment. 45. Having regard to the submissions made as to disposition by both parties, I ordered that you be assessed to determine your suitability to undergo a community corrections order. 46. The report has been received and this morning it has been marked Exhibit 10. The author of it, Paul Sguerzi, assessed you as suitable to undergo such an order, although having regard to the progress you have made since this offending, he did not recommend conditions of supervision or of drug and alcohol treatment because he assessed you at being at low risk of general reoffending, and he wrote that the imposition of supervision type interventions is counter-productive. The recommendation was that only conditions of community work should be imposed. 47. Benjamin Saurini, I state to you that I have taken into account all of the matters raised on your behalf in the course of the plea and all other relevant facts and sentencing principles in arriving at the sentence I am about to impose. 48. On Charge 5, negligently causing serious injury, on Summary Charge 11, unlicensed driving and on Summary Charge 13, using methamphetamine, you are convicted and sentenced to a community corrections order for a period of 2 years with conditions of supervision and the performance of 200 hours of unpaid community work. 49. On Charge 8, possession of cannabis and Summary Charge 12, using cannabis, you are convicted and discharged. 50. All licences are cancelled and you are disqualified from obtaining a licence for a period of 2 years from this date. 51. I declare the period of time you have spent in custody in relation to these charges namely, 2 days is to reckoned as time already served and I direct that that fact be entered into the records of the court.

1. Mr Saurini, you have been convicted and sentenced to a Community Correction Order for a period of 2 years. I am obliged to explain the orders, so that you understand what it means and what may happen if you breach the order in any way
2. There are a number of core conditions that apply to a Community Correction Order:

(a) You must not commit, whether in or outside of Victoria, during the order an offence punishable by imprisonment. If you do, you will be in breach of the order. > > (b) You must comply with any obligations or requirements prescribed by regulation 17 of the Sentencing Regulations 2011. > > (c) You must report to and receive visits from the Secretary to the Department of Justice, or his or her nominee, during the period of the order, that is, > > 2 years. > > (d) You must report to the Community Corrections Centre at Sunshine. You will be given the address within two clear days after from today. If you do not, you will be in breach of the order. > > (e) You must let a corrections officer know within two clear working days of you changing your address or changing your job. > > (f) You must not leave Victoria, except with the permission of the Secretary to the Department of Justice, or his or her delegate. > > (g) You must comply with any lawful direction given by the Secretary, or his delegate, that is necessary to ensure that you comply with the order.

3. They are the core conditions of the order. They apply to all Community Corrections Orders.
4. There are a number of additional conditions that apply to you:

(a) You must perform 200 hours of unpaid community work over a period of > > 18 months as directed by the Regional Manager. Now you are in full-time work, you will find that extremely inconvinient to comply with but that is part of the punishment that is being imposed today. > > (b) You must be under the supervision of a Community Corrections officer for a period of 2 years. > > (c) You are required to be supervised, monitored and managed, as directed by the Secretary, or his or her nominee (s48E).

5. I can only impose a Community Corrections Order if you agree to such an order being imposed.
6. If you contravene or breach this order by committing any further offences, you can be charged and sentenced to a term of imprisonment for the breach.
7. And you can also be re-sentenced for the offences that are before me today. In other words, I would re-sentence you on the charges that are currently before me, and in that circumstance you could be sentenced to a term of imprisonment. Do you understand that?
8. OFFENDER: Yes, Your Honour.
9. HIS HONOUR: Now I have to advise you that if you fail to comply with any direction of the Secretary to the Department of Justice, that is a Corrections officer, as part of this order, you can also be fined. Now can you print the order and have me have a look at it please. Would you have him sign it please. Ms Walker if you want to approach the dock and explain it to him.
10. MS WALKER: Of course.
11. HIS HONOUR: Where there any ancillary orders?
12. MR MIGHELL: There was Your Honour. There's a disposal order which is being agreed with by the parties and filed with the court.
13. HIS HONOUR: Is that not opposed Ms Walker?
14. MS WALKER: That's not opposed Your Honour.
15. HIS HONOUR: Yes, I'll make that order. Are there any other matters?
16. MR MIGHELL: Nothing further Your Honour.
17. MS WALKER: No.
18. HIS HONOUR: Adjourn the court please.

[2] Victim Impact Statement of Elizabeth Brown, dated 3 June 2022 - Exhibit 1; Victim Impact Statement of Russell Brown, dated 3 June 2022 - Exhibit 2

[3] Victim Impact Statement of Rohan Brown, dated 1 June 2022 - Exhibit 3

[5] I have had regard to the often referred to principles stated in R v Mills [1998] 4 VR 235. See also Azzopardi v The Queen [2011] VSCA 372; (2011) 35 VR 43.