DPP v Kitchen [2016] VCC 1045

Sentence summary: Intentionally causing injury

The offender entered the family holiday home in the early hours of the morning when his ex-wife, the victim, was there. He had been told by the victim’s lawyers he was not welcome to go to the house. When the victim awoke the offender threatened her, told her, “Die, you bitch” and advanced on her with a pillow. During a struggle the victim sustained injuries. The offender stopped the attack, broke down and cried.

The offender pleaded guilty to making a threat to kill and intentionally causing injury.

The judge found it was a case of extremely serious offending that ordinarily would attract a term of imprisonment. However, a traumatic and abusive childhood had led to the offender’s adult life being seriously compromised by extremely poor mental health. The offending occurred during a period of intense psychological collapse; as a result, the sentencing principles of general and specific deterrence needed to be moderated.

The offender’s mental condition at the time of offending and his need for ongoing mental health treatment warranted assessment for a Community Corrections Order.

The offender was remorseful for his offending and the deeply traumatic effect that it had had upon his wife and daughter. His wife's protection and the protection of the community would best be facilitated by his receiving ongoing psychiatric treatment and the support of Corrections Victoria.

The offender was convicted and released on a Community Corrections Order for two years. This was on the undertaking that he receive treatment and rehabilitation in respect of his mental health issues and complete programs to reduce the risk of reoffending.

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Page last updated: 30 August 2018