DPP v Solomon

1. The circumstances of your offending were comprehensively outlined in the prosecution opening on plea and sentence dated 21 July 2025. I shall summarise those circumstances here.

1. The first victim in this matter is your then partner with whom you had been in an on-again, off-again, intimate relationship since July 2017. You have a daughter together who was five years old at the time of offending.

1. The second victim was a friend of you both, known to you for some 10 years, and who you came to believe was in a relationship with your partner.

1. On Tuesday 8 February 2022, you arrived home from work in the early hours of the day. After going through your partner's phone, she woke up to you on top of her, strangling her. Using two hands to squeeze her neck, you screamed that you were going to stab her. She then fell asleep and you proceeded to assault her by applying force to her hand which resulted in a cut requiring three to four stitches.

1. On Tuesday 10 July 2023, your partner was asleep next to your daughter at the family home. At 2:00 am you urinated on her, burnt her hair and then hit her in the mouth. Upon waking she dialled Triple 0 but did not follow through with the call.

1. On Monday 2 October 2023, you were at home with your partner and had been arguing. As she was sitting on the bed, you threw a bottle of body wash at her from the shower. The bottle hit her in the face, causing her tooth to go through her lip which split open.

1. On Wednesday 19 June 2024, your second victim dropped a car off to your house. You were unhappy as you believed he was messaging your partner. You swung a hammer multiple times at him. After missing him you dropped the hammer and said, 'Come on, I don't need a hammer.' You then threw multiple punches at him, making contact with his arm, ribs and near his back.

1. One morning in mid-2024, after your partner had returned from sleeping in her car due to your behaviour towards her, you followed her into the bathroom and threw things at her body, including a container of yoghurt. You then punched her on the top of her right arm, causing multiple bruises. She then took your daughter to school and did not return home until 3.30 pm - you were still present.

1. At about 11.00 pm, you called your second victim and abused him. You told him 'You're gone mate, you're dead, I'm going to slit your throat and I'm going to cave your head in'. He heard your partner screaming and crying in the

background asking for her phone back. You continued to call him approximately ten times from both your own phone and your partner's phone.

1. You then smoked methamphetamine with your partner before she went to bed, where your daughter was also sleeping, at around 11:30 pm.

1. At about midnight that same evening your partner woke up with a sore throat and bruising around her neck. She did not know what had happened. There were bruises and swelling on her breasts as well as numbness on the area of the bruises. I have seen photographs of the injuries you inflicted. They are shocking.

1. You then called your second victim on your partner's phone and began shoving the phone in her face. She moved backwards towards the bed and you ran to the corner of the bedroom where you retrieved a flip-knife from your bag. You ran at her whilst waving the knife and pointing it at her, yelling, 'I'm going to stab you' whilst your daughter was still in bed. You then gave her the phone back after removing its SIM card and left the house.

1. After some time, you returned home and used an open hand to slap your partner on the right side of her face twice. She went to sleep in the spare room after a period of fighting.

1. The next night you left the house and sent threatening messages to your partner. After receiving a text from her telling you the police would be there waiting for you, you pulled into the driveway. You barged into your daughter's bedroom where your partner was laying and waved a knife around whilst threatening to stab and kill her. You told her the only thing stopping you was your sleeping daughter.

1. Your partner was forensically examined four days after these events. It was the doctor's opinion that her injuries, including bruising to both breasts and the base of the neck, could have occurred across those two days.

1. On 27 June 2024 at approximately 10.00 pm, you sent several abusive text messages to your second victim, including 'You weak fucking putrid rag', 'Family wrecking fucking dog. You think jail's stopping me cunt. Fuck off, I will get you dog,' and 'You're getting your fucking head caved in, you dog'.

1. On 1 July 2024, between midnight and 1:15 am, you and two other males forced open, and in doing so, damaged an Australia Post mailbox in Yarra Junction. You stole a four-foot calico mail bag from inside it containing whatever mail had been placed there since the Friday previous.

1. You then attempted to force open, and in doing so, damaged another Australia Post mailbox in Seville. However, you did not steal the mail bag.

1. You proceeded to go to Chirnside between 2:00 and 2:17 am, and in the company of another male used a crowbar to force open an Australia Post mailbox and stole multiple bags from inside it.

1. At 11:50 am, your partner sent your second victim a series of screenshots from previous days between you and her. These make up the remainder of Charge 9 and include threats such as 'Say goodbye to your dog boyfriend now, he's going to have his factory torched.'

1. These threats caused your second victim, his family and his extended family to move out of their homes.

1. On the morning of 4 July 2024, police attended your home where you were arrested and your house was searched. You refused to provide the passwords to police to access your mobile phone.

1. During your taped record of interview with police later that day you again refused to provide the PIN to police.

1. Charges 1, 2, 3, 5, 7 and 8 were committed over almost two and a half years in the context of persistent family violence against your de facto partner, the mother of your child. It was serious offending, particularly Charge 1 which involved strangulation, although not to the point of unconsciousness. You humiliated and degraded your partner, urinating on her, setting fire to her hair and punching her while she slept. You threw things at her and punched her and threatened to stab and kill her in the presence of your young daughter.

1. The offending against your second victim, while not family violence, was similarly motivated by jealousy and possessiveness and a belief that he was in a relationship with your partner. The charge of use carriage service to menace is particularly troubling, your threats to set fire to his premises resulting in your victim, his family and his extended family moving from their homes in fear of what you may do.

1. Your plea of guilty was entered prior to any cross-examination at committal. It is not a plea at the earliest stage but nevertheless it does have significant utilitarian value. You have saved the community the time and expense of running a trial and spared your victims the ordeal of giving evidence. As such, you have facilitated the administration of justice, and you are entitled to a benefit for that.

1. Mr Kelly, appearing for you, placed no reliance on remorse.

1. I received a victim impact statement from your former partner, the victim of your family violence offending, which was read to the court. The impact of your offending on her is clear in that she wrote, 'I feel very torn writing this victim impact statement because I feel a lot of guilt from going to the police about all of the abuse that I have been put through ...and putting [you] in jail ... I still have regret and shame because I reported it.' She should feel no guilt and take absolutely no blame for your actions. That she feels this way is a direct result of your power and control over her. She fears that she will be injured again and one day may not wake up as a consequence of you having strangled her in her sleep.

1. I also received a victim impact statement from your second victim. He did not wish for his statement to be read aloud, so I will not quote directly from it, but the stress and anxiety that your offending has caused is ongoing for him too.

1. You are now 38 years of age, having been born in September 1986.

1. You are the second of three boys. Your family lived in the Yarra Valley area for most of your childhood. Your parents separated when you were in your early 30s. You do not have much contact with your father and you are no longer close to your brothers. You grew up witnessing your father physically and sexually abusing your mother. Your father would at times also physically abuse you.

1. You attended Yarra Junction primary school and later attended Upper Yarra Secondary College. You left school after passing Year 11. In Year 7 you were diagnosed with adjustment disorder and intermittent explosive disorder. You received support both in and outside of school.

1. From around the age of 10 to 11, you have been abusing substances, namely, Valium and Xanax, which were introduced to you by your mother. You acknowledge that you used these drugs to self-medicate in relation to your dysfunctional upbringing.

1. You also state that you were sexually abused by a sports teacher at your school.

1. At the age of 18 you were involved in a firearm incident in which you accidentally discharged a firearm into your older brother's face. Your brother survived without significant injury, but this incident put a strain on your relationship.

1. After leaving school you completed a four-year diesel mechanic apprenticeship in Dandenong. You subsequently worked as a diesel mechanic for several large companies, including a period as a fly-in, fly-out worker, a position which you ceased in 2023 following an escalation in your drug use.

1. You formed a relationship with the complainant in this matter in 2015. You have one child from this relationship, a daughter born in 2018.

1. You report having suicidal ideations. You have previously made attempts to end your life, including an attempt to hang yourself and two occasions of slitting your wrists.

1. You have been a regular drug user, particularly methamphetamine, which was introduced to you by your maternal uncle at age 18. Your uncle had earlier introduced you to an outlaw motorcycle gang at the age of 16.

1. At age 25 you were hospitalised in Knox Private Hospital as a result of experiencing methamphetamine induced auditory hallucinations.

1. During your relationship with the complainant in this matter, you started to use ice daily. Your intake varied from half a gram up to two grams. You were also an occasional heroin user.

1. Since entering custody, you have worked in the laundry. You have completed a number of courses including drug rehabilitation and parenting courses. You have further participated in 12 individual and seven group psychology sessions focusing on your mental health rather than offence-related issues.

1. I received two reports from forensic psychologist, Mr Jeffrey Cummins. He opined that 'there was a significant nexus between [your] offending and [your] mental health issues and [your] chronic polysubstance use including a dependency on Valium, Xanax and methamphetamine.' He further diagnosed you with complex PTSD.

1. Mr Cummins opines that your dysfunctional upbringing has adversely impacted on your perception, judgement and reasoning ability such that you are very easily emotionally triggered and then almost inevitably the accuracy of your perception, judgement and reasoning ability is further compromised when you are significantly emotionally triggered. Therefore, under those circumstances you are prone to act in ways which are inappropriate and at times clearly amount to you committing offences.

1. I further received a character reference from your mother, together with extracts from her diary detailing the abuse from your father some years ago.

1. You face 11 State charges for which I have taken into account the s5 Sentencing Act 1991 considerations.

1. You are also to be sentenced in accordance with the Crimes Act 1914 (Cth) in relation to Charge 9. Pursuant to s16A(1) of the Act, I am required to impose a sentence that is of a severity appropriate to all of the circumstances of the offence. Pursuant to s16A(2)(k), you must be adequately punished for the offending.

1. Section 16A(2) of the Act sets out a list of factors, all which I have taken into account in passing sentence on you.

1. You, Mr Solomon, are a perpetrator of family violence. Your offending was persistent, violent and humiliating, in some instances committed in front of your young daughter. Your victim, like so many victims of domestic violence, has come to

believe that your actions were her fault - it is shameful. Your jealousy and entitlement then led to the offending against your second victim.

1. As noted in Pasinis v the Queen [2014] VSCA 97, it has also been recognised that women who are killed by their husband, boyfriend or de facto partner have frequently been assaulted by them many times previously. This makes both specific and general deterrence very important factors in sentencing men who assault their partners.

1. General deterrence is of paramount importance in sentencing for family violence offending. Members of the public, minded to act as you have done, must see that offending of this nature will necessarily result in terms of immediate imprisonment.

1. While you have only one prior matter in your criminal history, that prior for false imprisonment also involved power and control, albeit not in a domestic violence setting. The persistent nature of your current offending means that specific deterrence does have a role to play in the sentencing exercise. By the sentence I impose, you must understand that behaviour such as this is unacceptable. It will not be tolerated by the courts or by the community.

1. It was submitted on your behalf that the principles in Bugmy v The Queen (2013) 249 CLR 571 are applicable in your case, in both a general and a specific sense, given your exposure to severe family violence as a child. These principles contemplate a background of deprivation that may compromise a person's capacity to mature and learn from experience.

1. I accept the evidentiary foundation for your exposure to significant family violence and find that this mitigates the sentence. Your moral culpability is less than an offender whose formative years have not been so marred and your ability to control your impulsive recourse to violence when frustrated is reduced.

1. As I said to your counsel in the course of the plea, this in turn increases the importance of community protection. Given your apparent inability to control your

response to frustration, members of the community, in particular the victim of your family violence offending and any future partners you may have must be protected from you.

1. Your prospects of rehabilitation are guarded, contingent on you continuing to work with mental health supports and engaging with drug rehabilitation and programs to reduce reoffending. Such engagement is a key factor in your future progress and in remaining offence free.

1. I note you have abided by the terms of the family violence intervention order in place to protect your former partner, although the order has been varied and you have received correspondence from her.

1. Mr Cummins regards you as a moderate risk of recidivism and in need of intensive therapeutic intervention. He reports that you consider yourself a low risk of committing further violence, which is a demonstration of your lack of insight into the offending.

1. It is difficult, if not impossible, to separate your drug use from your mental health issues, and while I do take your mental health issues into account, the Verdins principles were not relied on.

1. I give weight to denunciation and just punishment in circumstances where family violence is all too often seen by this court.

1. Mr Kelly's primary submission was that the time you have served in custody would be an appropriate disposition of this matter. In the alternative, he submitted that the time you have served in custody in combination with a community correction order would adequately reflect the sentencing purposes.

1. Your counsel provided three cases in demonstration of current sentencing practices, one being from the Court of Appeal, namely Skeates (a pseudonym) v The King

[2023] VSCA 226. He also provided two cases from this court, namely DPP v Kearney (a pseudonym) [2025] VCC 1043 and DPP v Hughes [2024] VCC 888. These cases are, it was submitted, illustrative of the range of individual sentences imposed for family violence offences and include community correction orders through to sentences of imprisonment involving a non-parole period.

1. Ms Champion, appearing for the prosecution, submitted that a term of imprisonment in excess of that served to date, in combination with a community correction order would be within the range of sentences open.

1. The prosecutor referred me to Pasinis v The Queen [2014] VSCA 97 and Skeates as referred to by the defence. She emphasised the need for general and specific deterrence in cases of this nature and the principles underpinning sentencing in strangulation offences, namely those now set out in s34AC of the Crimes Act 1958.

1. Pursuant to s17A(1) of the Crimes Act 1914 (Cth), I can only pass a sentence of imprisonment if, having considered all other available sentences, I am satisfied that no other sentence is appropriate in all the circumstances of the case.

1. In your case I have come to the conclusion that I have no alternative but to impose a term of actual imprisonment for the Commonwealth offence and I direct that my reasons for so finding be entered into the records of the court under s17A(2)(b) of the Crimes Act 1914 (Cth).

1. I had you assessed for a community correction order on the State charges. The assessor found you to be a medium risk of general offending but nevertheless suitable for an order. You attributed the offending to your drug you use and mental health and expressed appropriate victim empathy to the assessor.

1. You were also assessed by the Mental Health Advice and Response Service. You told the assessor you had benefitted from engagement in counselling alongside treatment with medication. A mental health condition was recommended to be included in any order I might impose.

1. I consider that a further period of time in custody is required, but this will be imposed in combination with a community correction order. I can impose a term of imprisonment of up to 12 months longer than the period of time you have spent in custody to date, in combination with such an order.

1. On Charge 1, common assault, you are sentenced to six months' imprisonment in combination with a community corrections order, with conviction, for a period of 18 months.

1. On Charge 2, common assault, you are sentenced to four months' imprisonment.

1. On Charge 3, common assault, you are sentenced to four months' imprisonment.

1. On Charge 4, common assault, you are sentenced to four months' imprisonment

1. On Charge 5, common assault, you are sentenced to four months' imprisonment

1. On Charge 6, make threat to inflict serious injury, you are sentenced to four months' imprisonment.

1. On Charge 7, common assault, you are sentenced to six months' imprisonment.

1. On Charge 8, make threat to kill, you are sentenced to six months' imprisonment.

1. On Charge 10, destroying property, you are sentenced to two months' imprisonment.

1. On Charge 11, theft, you are sentenced to two months' imprisonment.

1. On Charge 12, failing to comply with an order to provide information or assistance, you are sentenced to one month imprisonment.

1. I direct that one month each of the sentences imposed on Charges 2, 3, 4, 5, 6 and

11 and two months of each of the sentences on Charges 7 and 8 be served cumulatively on each other and on the sentence imposed on Charge 1.

1. For the avoidance of doubt, there is no cumulation on Charges 10 and 12.

1. That makes a total effective State sentence of 16 months' imprisonment.

1. I direct that the State sentence commence today.

1. On Charge 9, use carriage service to menace, you are sentence to three months' imprisonment.

1. I direct that the Commonwealth sentence commence immediately upon the expiration of the State sentence. For the avoidance of doubt, that is 16 months from today.

1. That makes a global total effective sentence of 19 months' imprisonment in combination with an 18-month community corrections order.

1. As for the community corrections order, you are to comply with the core conditions of the order, being that:

• You must not commit another offence punishable by imprisonment during the period of the order.

• You must comply with any obligation or requirement prescribed by the regulations.

• You must report to, or receive visits from, the Secretary during the period of the order.

• You must report to the Lilydale Community Corrections Centre within two working days from the completion of the term of imprisonment.

• You must notify the Secretary of any change of address or employment within two clear working days after the change.

• You must not leave Victoria except with the permission of the Secretary.

• You must comply with any direction given by the Secretary that is necessary for the Secretary to give to ensure that you comply with the order.

1. In addition, you are to comply with the following special conditions:

• You are to undergo assessment and treatment for your mental health.

• You are to undergo assessment and treatment for drug use.

• You are to undergo programs to reduce reoffending.

1. HER HONOUR: Thank you. Pursuant to s18(4) of the Sentencing Act 1991 (Vic) and s16E(2) of the Crimes Act 1914 (Cth), I declare that you have served 421 days by way of pre-sentence detention, and I direct that the fact of this declaration and its details be noted in the records of the court.

1. Pursuant to s6AAA of the Sentencing Act 1991 (Vic), I declare that had you not pleaded guilty, the sentence I would have imposed would have been a global total effective sentence of three and a half years with a non-parole period of two years and four months.

1. Would you please sign the community corrections order. You can assist Mr Kelly, if you wish.

1. HER HONOUR: Thank you, you may be seated Mr Solomon. Is there anything else from the prosecution perspective, Ms Champion.

1. HER HONOUR: Thank you. You may take Mr Solomon out, thank you. Thank you, we will adjourn until 11.30.