DPP v Singh [2016] VCC 1198

1. I note that the cost of repair to the door was $890.58, which amount has been paid in full by you.
2. Darsana Murti heard the door open and then she saw you burst into her bedroom. You started yelling at her in English initially and then in Hindi. You then approached her and pushed her hard with both hands to her shoulders. The force of your push was so hard it caused her to hit her head against the wall and she fell backwards. You then placed your hands around her neck and squeezed. She felt frightened and could not breathe.
3. You continued to yell at her in an abusive manner, telling her not to talk about you. You then let go of her neck and hit her once to the left side of her face.

Charge 2, the intentionally cause injury charge

1. You then left the house, went outside and by this time your brother, John, had arrived home. You got into your car and you were continuing to yell. John moved and stood in front of your car and was asking you "what is your problem?". You then drove at him with your car, hitting him and forcing him to jump on the bonnet of your car with his hands and knees. You then braked and he fell off the car and landed on his back. You drove at him again.
2. He managed to get up and jump onto the bonnet again and avoided being injured. You then braked and he slid off, landing on all fours. You then reversed out of the driveway and turned around at the end of the court. As you came driving by John picked up a brick from his garden. You then drove at him a third time and again he jumped up on the bonnet. This time he used the brick to break your windscreen. He slid off the car and you drove off. He then threw the brick at your car. He was in fear of his life.

1. Shortly after, your brother John saw his wife on the ground near the front door and took her inside to care for her. She was very upset; crying and hysterical. She explained to him that you had hit her and she held her hands to her throat in a gesture. Police were called.
2. Eventually both were treated at the Northern Hospital, Epping. John was examined and his examination revealed mild swelling on the medial aspect and left ankle, with mild limitation of movement. An x-ray of the left knee and ankle showed soft tissue swelling on the left ankle but no fracture.
3. His wife was examined and her examination revealed a tender left shoulder with limited range of movement and tenderness to the left cheek, neck and chest. Soft tissue injury was diagnosed.
4. You were arrested by police on 13 April 2015. You answered some questions in the formal interview but declined to comment on the actual allegations.
5. Mr Singh, your behaviour on this occasion was outrageous and it has had a deep impact on Ms Murti, who has prepared a Victim Impact Statement that was filed with the court. In her statement of 14 July 2016, she sets out the profound effect that your behaviour has had on both her and your brother John. Your brother was asked to make a statement but declined to do so.
6. Ms Murti confirms that she suffered both physical and psychological consequences. She suffered pain and bruising and she now has difficulties coping, she has been suicidal at times and is hyper vigilant at home, particularly when she is alone. She has had to upgrade the security in her home. She suffers panic attacks, is fearful, has nightmares and ruminates about what occurred. She is now taking anti-anxiety medication and she feels unable to forgive you for the hurt and sadness that you have caused.
7. Mr Singh, your crime is serious involving, as it did, damaging the front door, assaulting Ms Murti in the manner described and in the conduct involving yourself and your brother, John. Your actions were out of all proportion to any perceived hurt that you may have suffered from being upset and angry about hearing your brother's comments about your wife-to-be.
8. In sentencing you there is a real need for the court to emphasise both general specific deterrence, as well as formally denouncing your behaviour.
9. I have had regard to the submissions put on your behalf by Mr Hartnett and the references, together with the psychological report that was tendered from Mr Ian Joblin.
10. Mr Hartnett specifically disallowed any reliance on the Verdin's principles. I have still taken into account, in the general sense, the matters raised in

11. At the outset of the plea hearing Mr Hartnett confirmed that you have made an apology to both victims through your mother. You now accept your behaviour was quite outrageous. It was not planned or premeditated but was reactive.
12. It was anticipated on the day following this event that you were to travel to Fiji to marry and your brother John was saying nasty and vicious rumours about your wife-to-be, about some alleged infidelities. You now understand what you did was wrong and you have taken steps to address the hurt that you have occasioned to both your brother John and his wife, although the relationship between them and you is now at an end.
13. You pleaded guilty and it is accepted that the plea was entered at the earliest opportunity. I accept by your plea you have demonstrated appropriate genuine remorse and you accept full responsibility for your actions. I noted that you have paid full reparation for the property damage and you accept that what you did on this occasion was wrong.
14. By your plea you have spared the victims the unnecessary inconvenience and trauma of having to come to court and give evidence upon a trial. There is significant utility in your plea. You facilitated justice and your sentence will be discounted accordingly.
15. I have had regard to the reference that was provided to the court from your friend, Roland Blan, who has known you for about ten years through your mutual employment at the Ford Motor Company. You are close friends and he states that you were under considerable personal stress at the time of the offending. He also states you are upset by the unfounded and malicious rumours that your brother John was circulating about your wife-to-be.
16. He says that you have discussed your offending at length with him and not only have you expressed considerable remorse for your actions, also you have informed him about the apology that was given through your mother. He states that you are otherwise a respected person who has never resorted to violence and he considers that the offending is totally out of character. He confirms that you now express appropriate regret and shame. Those sentiments were also reflected in your mother's letter that was addressed to the court.
17. Overall I do accept that your conduct on this occasion was situational rather than premeditated, and given your post offence conduct, including the payment of reparation and the apology offered to both victims, I consider that there are reasonable prospects for your rehabilitation in the future.
18. I note that you support your mother who is in poor health and has chronic disease. You live with her and another brother, Patrick. You assist her with her medical appointments and also help with the preparation of meals, grocery shopping and purchasing pharmacy medication. Your mother stated in her letter that you are very remorseful and sorry for your actions and that you have now learnt to better deal with personal attacks.
19. You enjoy good health, although you have had some problems with depression and anxiety and have been on anti-depressant medication for some years. You have hypertension. You are treated by a general practitioner, Dr Das, and you have had some limited psychological counselling in the past.
20. I noted the extensive background history and detail in Mr Joblin's report and I am not repeating that. You are a person who is a Fijian Indian who came to Australia with your parents and three brothers in 1987. You have made Australia your home. You have some limited formal education, having left school partway through Year 11. You had problems at school of some significance because you are not particularly academic, nor did you play sport. You were the target of bullying, teasing and abuse.
21. Following leaving school you have an excellent work history and I noted your work in the supermarket and at Ford Motor Company. I note that you are currently working in self-employed capacity and have a business known as "On Call Tipping and Earth Moving Pty Ltd". The business is operational and you work long hours doing cartage work and general trucking. You work alone.
22. You have purchased a home that you are currently renting. There is no issue of alcohol or drug abuse.
23. I noted Mr Joblin's comments that you presented very well. He acknowledged that your actions on this occasion were a reaction to the negative comments made by your brother John concerning your marriage to Pratika. Sadly that marriage has failed and she has been unable to join you here in Australia.
24. Having regard to a combination of factors, namely that this was situational, that there was no past history of violent offending, that you have expressed appropriate remorse and now accept the wrongfulness of your actions, Mr Hartnett submitted that in all the circumstances all the sentencing principles could be met through the imposition of a Community Correction Order.
25. The Crown accepted that such an order was within the range, notwithstanding the number of aggravating features to your offending, namely assaulting a woman who was home alone and had her privacy invaded, and also using your motor vehicle to assault your brother.
26. Having regard to your limited prior criminal history, and the positive prospects of rehabilitation, I had you assessed as to your suitability for a Community Correction Order and you have been found to be suitable. I propose to sentence you to an aggregate sentence, given that these events related to the same course of conduct.
27. In respect to the three charges on the indictment you will be convicted and sentenced to a Community Correction Order of three years' duration, subject to the special conditions that I have already articulated, namely that you undertake 200 hours community work, attend for treatment at rehabilitation in respect to mental health and programs to reduce reoffending as directed. Also, that you be subject to supervision.
28. I have explained to you currently that you must attend the Carlton Community Correction Services at 12 pm today and that in the future, when the Reservoir office reopens, you will be attending there and be supervised by that office.
29. Application was made pursuant to s.464ZF Crimes Act 1958 for the taking of a forensic sample and that was formally opposed. In the particular circumstances of this case, where your offending was a reaction and situational and can be explained by the context, and where there was no issue as to identification, I do not consider such an order is warranted and I decline to make the order.
30. Those are my reasons for sentence. I have signed the order. I now ask that it be signed by the offender.
31. MR BUCCA: Your Honour, just as a matter of completeness, two minor matters for the purpose of the record.
32. HER HONOUR: Yes.
33. MR BUCCA: One was I was asked by the informant - I think it's Sergeant Gary Pemberton - last week in relation to the passport. He was unsure whether an order was required. I'm not here to advise the informant, I guess, but my view was that once the matter is finalised, as at today, there's no basis for him to retain Mr Singh's passport.
34. HER HONOUR: No. Was that a condition of his bail?
35. MR BUCCA: Yes it was.
36. HER HONOUR: If needs be I will formally make an order saying that
37. MR BUCCA: I'd appreciate that, Your Honour. And the second point
38. HER HONOUR: Mr Vincent Ashnil Singh's passport can be released.
39. MR BUCCA: Thank you, Your Honour. The second point relates to Mrs Singh, who was a surety in the sum of $500,000 in relation to bail. Again, my advice to her was that, the matter being concluded, that's the end of the bail, the end of the surety, but she'd like to hear that from Your Honour. It would give her some peace of mind.
40. HER HONOUR: I believe with the surety there's a form that has to be completed at Registry. Are you able to assist me in that regard, Ms Pattison?
41. MS PATTISON: It would sound appropriate and
42. HER HONOUR: While Mr Singh is signing his order I'll check.
43. MR BUCCA: All that was done was a surety was signed and copy of the type that was provided. My view - my respectful submission, Your Honour, once the order has been made today that surety simply lapses.
44. HER HONOUR: Can you copy that? That's right. I think - I'll just look at the Act.
45. MR BUCCA: I only raise it because Mrs Singh believed that she was still at risk of losing her house, that's all.
46. HER HONOUR: Yes, I understand that. I understand now that the sentence has been imposed, the surety is released from any further obligation so it should not be an issue.
47. MR BUCCA: It would only apply if he was to breach his bail.
48. HER HONOUR: That's right.
49. MR BUCCA: As the bail is now over and done with I can't (indistinct).
50. HER HONOUR: I thought there was a form but it may only be where a cash surety is offered.
51. MR BUCCA: Yes, I think that's the case, Your Honour.
52. HER HONOUR: Where there's a cash deposit.
53. MR BUCCA: I don't envisage any problems because, as I said, I was asked to raise it by Mrs Singh. I've done that and I'm indebted to Your Honour for endeavouring to give us an answer, at the very least.
54. HER HONOUR: All right.
55. MR BUCCA: Thank you, Your Honour.
56. HER HONOUR: I'm pretty sure it's only in the event that it's cash surety but if - can you just check that? It's not working. All right, well just as a precaution, when I leave the Bench I'll ask my Associate just to ring the Registry and speak to the Registrar, just to confirm that before you leave.
57. MR BUCCA: If Your Honour pleases.
58. HER HONOUR: So I'll just leave the Bench and that can be done.
59. MR BUCCA: Thank you, Your Honour.