DPP v Kelly [2016] VCC 1556

Sentence summary: Intentionally causing serious injury

At 4:00am on the day in question, the offender drove to the house of the man she was in a volatile and turbulent relationship with. The victim, another female, was also at the house, however the victim decided she wanted to leave the house when the couple became engaged in a heated verbal argument.

The victim was unable to leave because the offender’s car was blocking her car in the driveway.

After she asked that the offender’s car be moved, the offender got into her car and twice rammed into the victim’s car. After the victim asked the offender to stop, the offender drove at the victim, crushing her leg between the two cars.

As the victim moved away to call an ambulance, he kicked her already severely injured leg three times, punched her in the face and abused her. The victim’s injuries required two operations, an extended hospital stay and extensive rehabilitation.

The offender pleaded guilty to one charge of intentionally causing serious injury and two charges of criminal damage.

The judge found that this was very serious offending that led to the victim suffering long-term physical and psychological harm.

The judge accepted that the offender came from a background of hardship, instability and disadvantage and noted that, to her credit, she had no prior convictions, was a good mother and had a good work record. He noted the controlling and psychologically abusive relationship the offender had been in with her partner and the sense of anger she felt at his involvement with other women. He also noted her early guilty plea.

Nonetheless, the judge found that using a vehicle as a weapon was a very serious offence, compounded by the offender following the victim into the house and assaulting her.

The offender was sentenced to five years and nine months’ imprisonment with a non-parole period of three years and three months.

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Page last updated: 26 August 2018