DPP v Sua [2025] VCC 1446

1. Mr Carullo has prepared a victim impact statement.[4] He describes that his entire world was shattered when he suffered a severe traumatic brain injury. Everything that he had worked for and built over more than 40 years has been taken from him. He says that since that day nothing has ever been the same. He has had to relearn the most basic skills that people take for granted; walking, talking, reading and writing. He says even now after years of rehabilitation he still struggles every day. He describes that physically he is never free from the reminders of his injuries. His right side is weak and numb. He has to think about every step he takes and he has permanently lost his sense of taste and smell.
2. Mr Carullo's memory is a daily battle. He forgets conversations and loses track of plans. He states that he used to be independent, sharp and reliable and now he often needs others to remind him of things that he should already know. He says there are days where the weight of his injury is 'too much and I collapse into tears. I grieve every day for the man I used to be, for the life I had, and for the life I should have had'.
3. He states that the injury has not just taken his health, it has taken his future and his dreams of becoming a father and building a family. The impact on him cannot be measured in words alone. He says it is lived in every forgotten conversation, in every step he is unable to take, in every meal he cannot taste, and in every word he cannot write, and in every dream that will never come true.
4. His partner, Julianne Roberts, describes the significant impact that this offending has had on her.[5] She describes the agony of watching her partner in hospital and in rehabilitation. Ms Roberts notes the critical decisions she had to make about her partner's treatment. She said every moment of that time was filled with uncertainty, heartbreak and fear. These events were very traumatic, and they still come back to her frequently. She has flashbacks and nightmares. This has impacted her own mental health. She says watching someone you love fighting for their life, with no guarantee they will ever come back to you, is something no one should ever have to experience.
5. Ms Roberts sets out her daily routine in what could only be described as an exhausting existence, working incredibly early and long hours, assisting her partner and then returning to be physically present for training sessions as a swimming coach, as they cannot be supervised remotely, after she returns home from work.
6. She describes the reliance that her partner has on her, from walking to 24‑hour care. She helps him shower, get dressed, cook his meals, and manage basic daily tasks. She is his only family support and is his sole carer, which she juggles with great difficulty between her own work and other obligations.
7. The offending has had severe financial consequences for both of them, given that Mr Carullo is now unable to work and receives some limited government assistance.
8. Socially, the two have lost a lot of friends. Mr Carullo gets tired very easily and there are very few places that he can go outside of the home, given that he cannot tolerate a lot of noise. The changes that they have had to go through have placed an emotional strain on both of them, creating communication difficulties and changes in intimacy and closeness, and then there is the stress compounded by ongoing medical treatment and the recovery process.
9. I take into account the victim impact statements. It would be an understatement to say that your offending has had a profound impact on both Mr Carullo and on his partner by extension.

1. You were charged on 27 July 2023, initially in the summary stream. The charge was then uplifted in April 2024 upon the prosecution application. You made an offer to plead guilty to recklessly causing injury in August 2024, which was rejected. You were committed to trial on 29 October 2024 following a contested committal and following a sentence indication on 20 August this year, you entered a plea of guilty to the offence for which you now stand to be sentenced.
2. The prosecution accepts that you are entitled to a discount for an early plea of guilty.[6]
3. It is also noted that you have pleaded guilty in the face of a potential defence of self-defence.
4. You have accepted responsibility for your conduct and this is consistent with your cooperation with police. You have spared witnesses from having to give evidence at trial and your plea is of considerable utilitarian value, especially given the obvious difficulties that would be inherent in compelling the victim to give evidence. You have spared the community the significant expense of a trial and your plea demonstrates a willingness to facilitate the course of justice. It is also some evidence of remorse.
5. I note that there has been a significant delay in this matter coming before this court, during which time this matter was no doubt stressful for you. Furthermore, you have continued to work on your rehabilitation during this period of the delay, which is also relevant to the court's assessment of your future prospects.

1. You come before the court with a limited prior criminal history.[7]
2. You were convicted of common law assault in the Supreme Court on 28 April 2016 and placed on a community correction order which you subsequently breached. The order was subsequently confirmed.
3. You have also been found guilty of breaching a Youth Supervision Order in 2016.
4. To your credit you largely had no contact with the criminal justice system until January 2024, when you were given an adjourned undertaking for offending against your wife that occurred some six months after this offending. This subsequent matter is relevant to your prospects of rehabilitation, which I will get to in a moment, as it is clear you have been active in trying to rehabilitate yourself.

1. You were born in Wellington, New Zealand in September 1996. You were 27 at the time of the offending.[9]
2. The circumstances into which you were born were difficult ones. Your biological father, who was a family member by marriage, raped your mother, resulting in her becoming pregnant with you. Your father has not been present in your life and many extended family members rejected you due to the circumstances of your conception.
3. As a toddler, you moved to Melbourne to live with your maternal grandparents, who were your main caregivers. You describe a strong and loving relationship with both of them, although your family struggled financially growing up, meaning that your physical needs were not always met.
4. Your relationship with your mother growing up was strained, and her involvement in your childhood was sporadic and inconsistent. This relationship has improved into adulthood.
5. You attended primary school where you enjoyed learning, however the financial situation of your family home led to instability and meant you often struggled to engage and focus while at school and you were on occasion disruptive. Furthermore, you suffered bullying due to your family's financial hardship, which made you 'self-conscious and embarrassed'.[10]
6. You attended Dandenong High School which you described as 'rough'.[11] You continued to be bullied, but as you matured physically you began to retaliate, leading you to being suspended for fighting in Year 8. You transferred to Chisholm TAFE to complete Year 10.
7. You engaged positively in class as a teenager and enjoyed that aspect of school, however you continued to struggle with your learning, often 'feeling hungry and lethargic' due to ongoing financial instability at home impacting you getting sufficient food. You excelled in sports and particularly enjoyed playing rugby.[12]
8. You worked as a removalist after leaving school in Year 10 and subsequently completed most of a construction course through TAFE. However, you began spending time with antisocial peers and towards the end of the six-month course describe yourself as 'slacking off'. Your home life continued to be financially unstable and you were experiencing personal problems leading to 'distress and frustration'. You began working odd jobs in construction.[13]
9. A result of this was an increase in alcohol consumption to a problematic level and getting into physical altercations whilst drunk.
10. Your maternal grandmother, who played a key role in raising you, passed away in 2022. I acknowledge this would have had a very difficult impact on you, particularly given that she was a significant support for you.[14]
11. You now live with your partner, your grandfather and your two-year-old son. You reportedly enjoy being a father and are very proud of your son.
12. Whilst your relationship has had periods of conflict and instability, culminating in you being placed on a good behaviour bond for family violence related issues, you have engaged proactively with men's support services and report positive improvements in your relationship with your partner.
13. I take into account your personal circumstances and in particular the difficulties within your upbringing.

1. Whilst you regularly engaged in binge drinking behaviours as a teenager, you report to psychologist, Mr Austin Campbell in his report dated 15 August 2025 that you have reduced your alcohol intake since you were 18. Whilst you admit increased drinking in times of stress or conflict, you note that your drinking has not been 'out of control' since reaching adulthood and you express an interest in learning new coping strategies to avoid leaning on alcohol as a crutch during times of difficulty.[15] Similarly, you used cannabis frequently in your late adolescence, however report now only using it rarely. Your young family and the birth of your first son now aged two has been a significant motivator for your rehabilitation.
2. In regard to your mental health, you report to Mr Campbell that you have experienced mental ill health including depression following your previous involvement with the justice system in 2016. You note in particular experiences of trauma related distress, including intrusive thoughts and emotional dysregulation. While you engaged with mental health services as part of the community correction order imposed for your previous offending, these supports ceased after you completed the order.
3. You also struggled with your mental health following the loss of your grandmother and your symptoms of depression worsened alongside your relationship troubles over previous years.
4. You have completed a Caring Dad's program, which is a group counselling for fathers, between September 2024 and January 2025, which has helped you feel more 'in control' of your emotions.[16]
5. Mr Campbell notes that you received a clinically significant result in the Adverse Childhood Experiences Questionnaire, with a result of 7 out of 10, indicating that you have experienced a higher-than-average amount of adverse childhood experiences.[17]
6. Furthermore, you have suffered increased distress surrounding these legal matters, and your results in the Depression, Anxiety and Stress Scale administered by Mr Campbell show that you currently demonstrate moderate levels of depression and extremely severe levels of anxiety. However, he does not believe that you met the diagnostic criteria for any mental health disorder at the time of the offending.
7. Since the time of the offending you have made significant and genuine progress towards recovery. You have undergone rehabilitative counselling and programs over an extended period. In particular you have engaged with the Neighbourhood Justice Centre and the NME Mental Health Outreach. You engaged in counselling with a mental health clinician from 18 September 2023 until February 2024, and again you have participated in the Men's Behaviour Change counselling program between January and August 2024, in which you were said to have demonstrated insight and willingness to genuinely engage in counselling.[18]
8. As I have said, you have also participated in the Caring Dad's program, reaffirming your commitment to be a better father and partner.
9. You have remained employed with the Liuzzi Group as a customer service employee at The Hive Shopping Centre since July 2024. A character reference was provided by your employer.[19] You have been observed to have been professional and effective in managing conflicts, including conflicts with difficult members of the public. You are described as exhibiting professionalism and you are said to be an extremely caring human being, particularly towards elderly customers. You have expressed to Mr Carullo how remorseful you are for what occurred.

1. Any sort of street violence is unacceptable. As you are by now well aware, the outcomes can be extremely grave when another human being is assaulted. The risk of a victim hitting their head on the concrete is high and this can lead to devastating and often fatal consequences.
2. As was noted in DPP v Russell, random street violence is a scourge on our society. Although this case differs somewhat from that, the Court there noted relevantly:

Typically the violence is brief and unpremeditated, but it has profound and enduring consequences. Innocent people are killed or seriously injured, their families are devastated, their communities disrupted and the outburst of violence is ruinous for the offender too.[20]

1. I accept that you were reckless as to the victim sustaining injury and it is unclear whether he was actually struck or pushed and it is unclear where you made contact. For these purposes it is accepted it was a strike. It is also unclear whether or not he was struck toward the collarbone area or the lower face.
2. I accept that the offending occurred in the context of a potential threat to you and that a defence was open to you with the issue being whether your response was proportionate. Clearly you were responding to what was going on around you. This was therefore not an unprovoked attack on an unsuspecting victim.
3. I accept that the offending was not premeditated, and it was of very short duration, occurring in what would have been a matter of seconds. However, as discussed, the consequences here have been devastating.
4. The prosecution submits that you have reasonable prospects of rehabilitation.[21] I note that Corrections have assessed you as a medium risk of reoffending.
5. In his psychological assessment, Mr Campbell concludes that your prospects of rehabilitation are positive and refers to the quality of your engagement during the psychological assessments and your engagement with past supports, your desire to continue to engage with recommended supports, and your insight and ability to identify the needs that you have in improving your coping skills.[22]
6. While there is said to be some risks of future deterioration in mental functioning and a subsequent resort to maladaptive coping mechanisms such as alcohol use, his overall assessment of you is that your prospects of rehabilitation are positive.
7. I accept that you have good prospects of rehabilitation given your demonstrated commitment to engaging with supports and counselling, your genuine remorse, your stable employment, your supportive family, and the significant gaps in your criminal history. However, your prospects are enhanced if you remain free of alcohol and drugs and commit to the programs designed to help you, as well as engaging in treatment.
8. I accept that you are remorseful for your offending.
9. Firstly, you remained at the scene following the altercation with Mr Carullo and you attempted to assist him.
10. You were forthcoming with police and provided an account of what had occurred.
11. You also indicated your concern for Mr Carullo, saying things like 'I just want to make sure he's okay' and that you had stayed back to help him.
12. You have also expressed your genuine regret and remorse to others.
13. It is submitted on your behalf that but for your admissions at the scene, it would have been very difficult for police to identify you, noting that there is no CCTV that captures the incident, only CCTV from The Bakers Arms Hotel approximately 500 metres away. None of the witnesses at the scene knew you or your personal details in order to be able to identify you. I accept that this is the case.

1. There are a number of basic purposes for which a court may impose a sentencing, namely just punishment, both specific and general deterrence, rehabilitation, denunciation and protection of the community. In determining an appropriate sentence I am required to take these objectives into account, as well as various other matters including the gravity of the offending, your culpability, the impact on the victim, and your personal circumstances, as well as the maximum penalty.
2. I am to have regard to the principles of parsimony, and I do so.
3. General deterrence is relevant. Members of the community inclined to assault another on a night out must be aware that this sort of offending has significant consequences, not just for the victim but the perpetrator as well.
4. As the Court noted in DPP v Cook:

Violence in the context of physical fights and assaults at or near places like hotels, bars and clubs seems to have become more prevalent in the community in recent times. It is important that those who propose to engage in such conduct should be made aware through the sentencing process that the court will not treat such conduct likely, but will in the appropriate case, impose condign punishment on the offender.[23]

1. Your counsel submits that a CCO would be a disposition open to the court, having regard to the matters in mitigation.[24]
2. The prosecution agrees with this submission, noting that it is an unusual set of circumstances and whilst ordinarily it might warrant a gaol sentence with a head sentence and a non-parole period, in this instance it is conceded that a lengthy and punitive community correction order is open to the court.
3. You have been assessed by Corrections as suitable for a community correction order and a number of recommendations have been made by both Corrections and in the Mental Health and Advice Response Service.
4. Ultimately, a term of imprisonment is a disposition of last resort and as indicated, I propose placing you on a community correction order as I consider that this would adequately meet the sentencing objectives.
5. Could you stand up please, Mr Sua.

1. On Charge 1, you are convicted and placed on a community correction order for a period of three years.
2. There will be a number of conditions attached to the community correction order as follows:

a) You are to be under the supervision of Corrections for a period of two years. > > b) You are to perform 300 hours of unpaid community work over the three year period of the order. > > c) You must undergo treatment and rehabilitation for drug and alcohol use. > > d) You must undergo treatment and rehabilitation with respect to your mental health. I am going to allow 150 hours of rehabilitation and treatment to count towards the unpaid community work.

3. There are also a number of other core conditions which are attached to all community correction orders:

(a) You must not commit any other offence that is punishable by imprisonment during the three year period

(b) You must comply with any and all obligations and requirements proscribed

(c) You must report to and receive visits from Corrections during the period of the order

(d) You must report to the nearest Community Corrections Centre, which I believe is in Collingwood at the Neighbourhood Justice Centre, within two clear working days from today. I suggest you make contact with them today.

(e) You must let a Community Correction officer know within two working days of a change of address or employment

(f) You must not leave Victoria without first getting permission; and

(g) You must obey all lawful instructions and directions from Corrections

1. Do you understand the conditions of the order that I have read out?
2. OFFENDER: Yes, Your Honour.
3. HER HONOUR: Do you agree to abide by them?
4. OFFENDER: Yes, Your Honour.
5. HER HONOUR: Shortly you will be provided with some paperwork. Now you must comply with the conditions of the order. If you do not do so, if for example you decided not to do the unpaid community work, or if you did not engage in supervision or in treatment as directed, then you will likely find yourself back before this court on a breach and I would need to resentence you for this offending.
6. Similarly, if you were to commit a further offence punishable by a term of imprisonment, you would likely be brought back before me on a breach and again I would need to resentence you for this offending and it is likely there would also be a penalty for the breach itself. Do you understand what I have said?
7. OFFENDER: Yes, Your Honour.
8. HER HONOUR: All right. So it is very important that you comply with the conditions of the order. You are now going to be provided with the paperwork to sign and indicate you agree to abide by those conditions.
9. Ms Di Paolo, you are welcome to approach your client to assist if you wish.
10. All right, that paperwork is signed.

1. I indicate now pursuant to s6AAA of the Sentencing Act 1991 (Vic), that but for your plea of guilty, so had you not pleaded guilty, but had you been found guilty after trial, I would have imposed a term of imprisonment for a period of six months.
2. Counsel, are there any matters that I have overlooked or that require correction?
3. MS GEORGE: I don't believe so, Your Honour.
4. MS DI PAOLO: No, Your Honour.
5. HER HONOUR: Yes, all right, thank you. I thank both counsel for your assistance during these proceedings.
6. Mr Sua, I urge you to make the most of the opportunity that has been provided to you by the court on this occasion, to engage with the community correction order and to complete it as directed. Thank you.

[2] Summary of Prosecution Opening dated 9 July 2025 and Criminal Records dated 14 July 2025 ('Exhibit A').

[3] Medical Report authored by Dr Timothy Stobie dated 25 January 2025 ('Exhibit D').

[4] Victim Impact Statement of Jayden Carullo dated 1 October 2025 ('Exhibit B').

[5] Victim Impact Statement of Julie-Anne Roberts dated 1 October 2025 ('Exhibit C').

[6] Prosecution Submissions for Sentence dated 2 September 2025 ('Exhibit E').

[8] Austin Campbell 'Psychological Assessment' dated 15 August 2025 ('Exhibit 2')..

[9] Defence Sentence Indication Submissions dated 19 August 2025 ('Exhibit 1').

[18] Nick Joseph 'Progress Report' dated 13 August 2025 ('Exhibit 3').

[19] Character Reference of Sarandis Vertsonis dated 15 July 2025.

[20] DPP v Russell (2014) VSCA 308 [1].

[23] DPP v Cook ( 2004) VSCA 11 [19].