IN THE COUNTY COURT OF VICTORIA	Revised
Not Restricted
Suitable for Publication	
AT MILDURA
CRIMINAL JURISDICTION

CR 21-00353

DIRECTOR OF PUBLIC PROSECUTIONS		
		
v		
		
BRADLEY PATE		

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JUDGE:	HIS HONOUR JUDGE COISH	
WHERE HELD:	Mildura	
DATE OF HEARING:		
DATE OF SENTENCE:	18 February 2022	
CASE MAY BE CITED AS:	DPP v Pate	
MEDIUM NEUTRAL CITATION:	[2022] VCC 146	

REASONS FOR SENTENCE
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APPEARANCES:
	Counsel	Solicitors	
For the Director of Public Prosecutions	Mr D. O'Doherty	Office of Public Prosecutions	
			
For the Accused	Mr S. Lee		

HIS HONOUR:  
1	Bradley Pate, could you stand up please.  You have pleaded guilty to one charge of persistent contravention of family violence intervention order; one charge of make threat to kill; one charge of common assault and one charge of damaging property.  These offences carry the following maximum penalties: Persistent contravention of family violence intervention order; five years' imprisonment; make threat to kill, 10 years' imprisonment; common assault five years' imprisonment; damaging property, 10 years' imprisonment. 
2	It is unnecessary for me to recount the facts of the matter in detail as they are on transcript and contain in Exhibit 1, summary of prosecution opening upon plea.  That opening was accepted by you through your counsel.  I proceed to sentence you on the basis of the facts as opened by the prosecutor, which I shall now briefly summarise. 
3	You were 34 years of age at the time of these offences.  The victim was aged 32 years at the time of the offences. 
4	You commenced a relationship in about 2010 and there were two young children of that relationship at the time of the offending.  
5	The relationship was dysfunctional.  On 12 March, 2020, an apprehended domestic violence order was made.  That order expires on 11 March 2022.  The victim was the affected family member and you were the respondent to that order.  
6	Included in the conditions of that order were a prohibition upon you approaching the victim or contacting her in any way, unless the contact was through a lawyer.  
7	The circumstances that surrounded this offence concern a series of chaotic events which occurred on the weekend of 15 and 16 August 2020.  
8	The victim and her two young children attended a friend, 'Johnno's,' home.  You were at that property.  The victim became upset and took her children to her car.  As she got into the car you opened the front passenger door and got in.  You told the victim you would spend the weekend together.  There was an argument and the police were called.  When the police arrived, you ran off.  The victim went to the Mildura Police Station and made a statement.  
9	At about 2.20 pm she left the police station and drove to the Hungry Jack's.  A short time later, she noticed that you were in the vicinity.  You approached the victim and one of your children.  The victim noticed that you had a knife.  The victim put the child in the car.  Once again you got in to the victim's car.  You produced a pair of scissors and told the victim to drive to the Bottle-O to get some wine.  The victim grabbed the scissors, you produced another pair of scissors and repeated your demand that she drive to the Bottle-O.  
10	The victim then drove to an ATM.  She withdrew $200 and at your request gave it to you.  The victim drove on to an Apex Park.  You pulled out two needles and the victim noted blood on your arm.  Another person, Herald, was also in attendance.  
11	There was a further incident involving you, the victim and Herald.  A remote control was thrown onto the floor.  The victim again put her children in the car.  You told the victim to get a room in a motel.  You said if she did not find a motel, you would hit her to the head with a wine bottle.
12	At about 2 am the victim found a room at a motel.  You, the victim and children stayed at the motel.  There were continuing arguments between you and the victim.  
13	A witness describes hearing a woman screaming, 'Help, help' from the motel room and hearing a male voice screaming, 'Shut up, be quiet.'  
14	The following morning there was a further argument between you and the victim.  During the course of that, the victim said she wanted to go home.  You locked the door, she locked herself in the bathroom and you said,
'If you don't open the door this second, I'll slit your throat.' 
15	The victim panicked.  She was scared.  There was a physical altercation which involved you grabbing the victim and throwing her onto a couch.  You punched the victim to the head, stating: 
'That's your first taste of pain.  I can't wait to break your bones.'  
16	Eventually you all the left the motel.  You told the victim to drive to the Centro Shopping Centre.  There was a further altercation.  You were giving directions as to where to drive the car and you threatened her with a bottle.  
17	Ultimately you arrived at another home and during the course of a further altercation you made threats to the victim.  You became angry and you smashed the side mirrors of the Toyota motor vehicle.  
18	The victim drove back to the Centro Shopping Centre.  The unpleasantness continued and at one point you grabbed the victim's wallet and tried to unlock the car door and then you began smashing the door window.  
19	The victim was eventually able to contact the police.  She informed them that she had been kept against her will overnight.  She said that she felt powerless and intimidated.  
20	You sent a text message to the victim asking if she was too scared to come and see you and stating: 'You should be.'  In another message, you told the victim:  
'Just remember you brang (sic) all this on yourself.'  
21	On 19 August 2020, you were arrested and taken to Mildura Police Station.  A record of interview was commenced and suspended.  The record of interview recommenced on 20 August 2020.  During the record of interview you admitted being with the victim at the time of the alleged offending.  You admitted smashing the windows of the car, but otherwise denied the offending. 
22	I state to you that I have taken into account the following matters in mitigation of sentence.  You have pleaded guilty.  You are entitled to have that fact taken into account in your favour and I do so.  The community has, by your plea, been spared the time and cost of a trial.  Witnesses have been spared the ordeal of giving evidence upon your trial.  I accept there is a high utilitarian value to the plea of guilty as it is entered in the COVID-19 pandemic.  You pleaded guilty at a late stage.  I accept that you are genuinely remorseful. 
23	I have been told something of your personal circumstances and these matters are set out in the psychiatric report of Dr Jindal, dated 18 August, 2021.  
24	You are 35 years of age. You grew up on a dairy farm.  Your parents separated when you were in your teens.  You were educated to Year 10 level.  You have obtained a Certificate III in Civil Construction.  You have worked in a variety of odd jobs and in the excavation industry.  
25	You and your former partner, the victim, have two children as I have already stated, having commenced a relationship in 2010.  Those children reside with their mother. 
26	As I have already stated, the relationship can best be described as dysfunctional and an apprehended domestic violence order was made against you in favour of the victim on 12 March 2020.  
27	You have a long history of illicit drug use, having commenced using alcohol and marijuana at the age of 15 and methamphetamines at the age of 23.  You have also used heroin. 
28	You have a significant psychiatric history and these matters are summarised in the report of Dr Jindal.  From age 11 to 14 you were prescribed Ritalin.  You attended the North-West Area Mental Health Service in 2014 with a situational crisis.  You were an inpatient at Mildura Base Hospital in January 2015, following a manic episode on a background of situational crisis and substance abuse.  
29	In 2019, you were admitted to Werribee Hospital Emergency Department with an acute stress reaction.  You have been in custody since 19 August 2020.  As you were exhibiting various psychiatric symptoms, you were transferred to the Forensic Mental Health Unit of the Ravenhall Correctional Centre.  On 23 November 2020, you were certified under the Mental Health Act to be treated compulsorily at Thomas Embling Hospital. 
30	I accept the diagnosis made by Dr Jindal which is: 
'Schizo-affective disorder and multiple substance abuse in the community.  Currently abstinent due to being in prison.'  
31	Although the report of Dr Jim Dale does not specifically address the well-known principles enunciated in Verdins case, I have adopted a broad-brush common sense approach to the Verdins principles.  
32	I accept, having regard to your psychiatric illness and behaviour in this incident, there is a relationship between your psychiatric illness and the offending, and accordingly there ought be some reduction in your moral culpability.  I accept that it is appropriate to sensibly moderate the weight to be attached to specific and general deterrence.  I also accept that a sentence of imprisonment will be more burdensome on you than on a person of normal mental health.  
33	In the application of these Verdins principles, I have had regard to the complex inter-relationship between your long history of illicit drug use and psychiatric illness.  I assess your prospects of rehabilitation as being cloudy.  
34	Against these matters in mitigation, however, your actions were very serious indeed.  I agree with the submission of the prosecution that this was a serious example of the offence of persistent contravention of a family violence intervention order as the conduct involved threats, acts of violence and destruction of property, the conduct spanned the weekend, the conduct overall ought fairly be described as deplorable and it was in the presence of both your wife and the two young children.   
35	There is a victim impact statement from the victim, dated 17 February 2022.  She describes the inner turmoil that she has experienced as a result of what she calls, 'a cycle of trauma.'  She frankly describes being emotionally torn between missing you and reminding herself not to tolerate poor behaviour.  She states that she begged for help for you, but you would not get help for yourself.  She states:  
'I have given him a thousand chances to be what was needed as a father and partner.' 
36	I have had regard to the victim impact statement but it not overwhelm other relevant sentencing considerations.  
37	You have admitted before me numerous prior convictions and there are many court appearances involving convictions for a range of offences, but of particular significance are past breaches of family violence intervention orders in 2014 and 2018.  
38	The nature of these prior convictions is highly relevant to my task of sentencing you today.  I have had regard to the principle of totality.  There are 547 days of pre-sentence detention.  
39	As well as the matters to which I have referred, I must also take into account the need for general and specific deterrence.  
40	Although as stated, I have sensibly moderated the weight to be attached to both specific and general deterrence, having regard to your long history of psychiatric illness, specific deterrence remains relevant given the nature of this offending and your extensive criminal record.  
41	General deterrence is also of considerable importance in a case such as this.  This type of offending must be discouraged.  
42	I am called upon by the Sentencing Act to manifest the community's denunciation of your conduct, and generally to impose a just punishment.  
43	It was not in issue that a term of immediate imprisonment as required.  Your counsel submitted that I ought consider the imposition of time-served.  It was submitted on behalf of the prosecution this was not within range.  I agree with this submission.  
44	There are four charges.  The conduct forming the basis of Charges 2, 3 and 4 is included in the particulars in Charge 1.  The charges all relate to one extended incident of offending.  Charge 1 is, in my opinion, the most serious charge.  The sentence on Charge 1 will therefore be the base sentence.  
45	I have imposed appropriate individual sentences on all charges.  It is appropriate in all the circumstances that the sentences imposed on Charge 2, 3 and 4 be served wholly concurrently with the sentence imposed on Charge 1.  
46	Having regard to all relevant facts and appropriate sentencing principles, I sentence you as follows:  
47	Charge 1, convicted and sentenced to two years and six months imprisonment;
48	Charge 2, convicted and sentenced to 12 months' imprisonment; 
49	Charge 3, convicted and sentenced to six months' imprisonment; 
50	Charge 4, convicted and sentenced to one month's imprisonment; 
51	The sentences are to be served wholly concurrently.  The total effective sentence is two years and six months (30 months.)  
52	The non-parole period is the minimum term that Justice requires you to serve having regard to all the relevant circumstances that exist.  For that reason it cannot be fixed automatically.  All relevant factors and sentencing principles are to be taken into account.  I have to consider when you should be eligible for mitigation of confinement and in turn, rehabilitation under conditional supervision.  In all the circumstances I direct that you serve a minimum term of 20 months before becoming eligible for parole.  As prescribed by s18(4) of the Sentencing Act, I declare that the period of time you've spent in custody is 547 days which is to be reckoned as time already served under the sentence.  I direct that such be noted in the records of the court.  I shall make the forfeiture and disposal orders sought by the Crown, pursuant to s6AAA of the Sentencing Act.  I state that the sentence of a non-parole period I would have imposed but for the plea of guilty is four years, non-parole period two years' and six months.  Does that cover all the technicalities. 
53	MR O'DOHERTY:  Yes, Your Honour. 
54	HIS HONOUR:  Thanks very much indeed.  2.15 Monday.  
55	MR O'DOHERTY:  Thank you, Your Honour.  
56	HIS HONOUR:  Thank you.  
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