Aggravated Burglary
- Maximum penalty: 25 years’ imprisonment
Case / Date / Disposition Type / Head Sentence / Orders / Individual Sentences / Plea / Type / Offence / Appeal StatusBulduk [2017] VCC 324 / 29 March 2017 / Custodial / 216 months (18 years) imprisonment
NPP – 156 months (13 years) / Rape (x6) (8 years; 7 years x5)
Aggravated Burglary (x2) (5 years x2) / G (early) / Other / Offending – O broke into V1’s home with the intent to assault her, after hearing that she would be home alone. O, naked save for a balaclava and armed with a knife, confronted V1 and took her to the bedroom. O bound V1’s hands and mouth with tape and threatened to kill her if she didn’t stop screaming. O then committed penile-vaginal rape on V1, causing pain and for V1 to bleed due to recent vaginal surgery. O then penetrated V1’s mouth and anus with his penis.
On a second occasion, O climbed into the bedroom of V2 (16 y at time of offending) with the intention of assaulting her. O was wearing a balaclava at the time. O climbed into V2’s bed, pinched her nose hard and told her to be quiet or he would hit her or kill her. O inserted his penis into V2’s vagina, licked her vagina, and inserted his penis into her mouth. O then committed penile-vaginal rape on V2 before ejaculating on her stomach. At one point V2 told O she was 14 and a virgin hoping this would stop O, but it did not.
Very serious offending. Upper end of offending. Planned and premeditated. Unprotected sex. Threat of violence and carrying it out. No concern or sympathy for victims. Use of disguise. Sexual predator.
Offender – no prior relevant convictions, intoxicated at time of offending, 30 y male, remorse, drug use, completion of courses, character references, reasonable prospect of rehabilitation, previous good character
Till [2016] VCC 1976
Offender 1 / 15 Dec 2016 / Custodial / 144 months (12 years)
NPP – 108 months (9 years) / Aggravated burglary (8 years);
Armed robbery (7 years); and
Recklessly causing serious injury in circumstances of gross violence (7 years). / G / Confrontational / Offending – Os entered 74 y V’s (who has heart condition) flat using key left in locked key box. O1 wore hood and hat. O2 wore balaclava. O1 pushed V on floor and broke her hip. O1 punched V fracturing her cheek bone, hit V with metal bar and demanded drugs and money. O1 sat on to top of V, grabbed V by throat, choked her and suffocated her with pillow. O2 ransacked flat and took V’s valuables. When security arrived at V’s door, O1 punched V, put pillow over her face, choked her and threatened to kill her if she spoke. O1 threw knife towards V saying he would kill her. After 30 minutes O2 left with two handbags filled with V’s belongings. O1 searched V’s whole flat and destroyed most of it. O1 continued threatening to kill V and assaulting her. Approximately six hours after having entered V’s flat, O1 left with two suitcases filled with V’s possessions. O1 principal offender in relation to causing injury offending. Drug-fuelled planning. V suffered bruising and fractures, was taken to the hospital and required a half-joint replacement. Without treatment probable that injuries would have caused V’s death. V has not regained mobility and can no longer live unassisted. Emotional pain worse than her physical pain.
Offender 1 – Prior convictions including aggravated burglary, history of moderately severe depression, 37 y male, high moral culpability in particular in relation to recklessly causing injury offending, difficult upbringing, alcohol and drug use, past drug treatment, somewhat institutionalised, remorse, totality, poor rehabilitation prospects. / Sentence appeal dismissed
[2017] VSCA 224
29 August 2017
Till [2016] VCC 1976
Offender 2 / 15 Dec 2016 / Custodial / 120 months (10 years)
NPP – 84 months (7 years) / Aggravated burglary (7 years);
Armed robbery (6 years); and
Recklessly causing serious injury in circumstances of gross violence (6 years). / G / Confrontational / Offending – Os entered 74 y V’s (who has heart condition) flat using key left in locked key box. O1 wore hood and hat. O2 wore balaclava. O1 pushed V on floor and broke her hip. O1 punched V fracturing her cheek bone, hit V with metal bar and demanded drugs and money. O1 sat on to top of V, grabbed V by throat, choked her and suffocated her with pillow. O2 ransacked flat and took V’s valuables. When security arrived at V’s door, O1 punched V, put pillow over her face, choked her and threatened to kill her if she spoke. O1 threw knife towards V saying he would kill her. After 30 minutes O2 left with two handbags filled with V’s belongings. O1 searched V’s whole flat and destroyed most of it. O1 continued threatening to kill V and assaulting her. Approximately six hours after having entered V’s flat, O1 left with two suitcases filled with V’s possessions. O1 principal offender in relation to causing injury offending. Drug-fuelled planning. V suffered bruising and fractures, was taken to the hospital and required a half-joint replacement. Without treatment probable that injuries would have caused V’s death. V has not regained mobility and can no longer live unassisted. Emotional pain worse than her physical pain.
Offender 2 - Prior dishonesty and violence convictions, subsequent convictions, on CCO, imprisonment Verdins, symptoms of PTSD, 33 y male, high moral culpability but lower than O1, parents killed in Timor, intermittent work history, drug use, past drug treatment, remorse, totality, poor rehabilitation prospects. / Sentence appeal dismissed
[2017] VSCA 315
1 November 2017
Case summary
Stafford [2017] VCC 717 / 7 June 2017 / Custodial / 120 months (10 years)
NPP – 84 months (7 years) / Rape x 3 (representative x 1) (6 years 6 months, 4 years x 2)
Aggravated burglary (5 years) / G / Robbery related / Offending – O broke into a home where V was sleeping intending to steal. As V called out, O rushed into her bedroom, lay on top of her and told her to be quiet.
O then used one hand to hold V down and inserted his fingers into V’s vagina. O then forced V to log into her computer, and then forced her to perform oral sex on him. After a short break, O then inserted his fingers into V’s vagina several times and performed penile-vagina sex.
Police arrested O at V’s house in possession of V’s mobile phone. O was not wearing a condom throughout. Opportunistic sexual offending.
Offender – prior convictions for property and violence offences, 42 y male, schizophrenia, drug use, troubled childhood, victim of child sex abuse, totality
Russell [2016] VCC 1312 / 2 Sept 2016 / Custodial / 120 months (10 years)
NPP – 78 months (7 years and 6 months) / Aggravated burglary x 3 (3 years x 2; 2 years and 6 months);
Indecent assault x 10 (1 year and 6 months x 8; 1 year and 2 months x 2); Attempting to pervert the course of justice (9 months); Persistent contravention of a notice and order x 2 (9 months; 5 months); and
Intentionally causing injury (6 months).
/ G / Intimate relationship / Offending – O and V were in a de facto relationship. Over ten months, O committed violent, humiliating and degrading sexual assaults against V. This included rubbing his penis against V’s vagina, mouth or anus without her consent, throwing V against wall, and punching her to face and head. O whipped V with a cord, and tied V’s hands above her head before rubbing his penis against her vagina. On another occasion, O held a knife to V’s throat before rubbing his penis against her vagina. On one occasion, O caused V to split her head on a chair, and when V regained consciousness V was rubbing his penis against her vagina. Following service with a safety notice, O committed multiple assaults over several days, including rubbing his penis against V’s vagina and anus. O also spat on and insulted V. O, while holding a rake, kicked down the bathroom door where V was hiding, then dragged V to the bedroom and rubbed his penis against her vagina. After V ended the relationship and obtained an IVO, O breached the order in various ways, including entering the house against V’s will on multiple occasions, punching V in the face, punching V’s dad in the face and head, making about 200 nuisance calls, and punching V to the head before rubbing his penis against her vagina. O attempted to pervert the course of justice by providing a false alibi to police and requesting a friend to give a false statement that O was with her during some offending. V suffered PTSD.
Offender – Prior convictions including violent but not sexual offending, 25 y male, victim of child sexual and physical abuse, suicidal and self-harming tendencies, evidence of substance abuse, heavy cannabis user, moderate to high-risk of future sexual violence, will need to avoid cannabis to have any real confidence in prospects of rehabilitation.
Bux
[2016] VCC 689 / 23 May 2016 / Custodial / 109 months (9 years and 1 month)
NPP – 78 months (6 years and 6 months) / Aggravated burglary (6 years);
False Imprisonment (3 years and 6 months);
Robbery (3 years);
Recklessly causing injury (2 years and 6 moths);
Criminal damage (2 years); and
Committing an indictable offence whilst on bail (2 months). / G (early) / Robbery related / Offending – O surveilled elderly, frail and disabled V (unknown to O) at night, grabbed V when he stepped out of his home for a cigarette and dragged V back into his home. O struck V causing injuries to face, head and upper body and blindfolded, gagged and tied V. O stole $400 and personal items, including WWII medals. O damaged V’s landline to ensure V could not raise alarm. V located by carer following morning. Most vulnerable V. O acted with deliberation and calculation. Intention to steal. Serious offending. Devastating impact on V’s sister and V who had to relocate to aged care accommodation. O assisted police to retrieve certain items.
Offender – Prior dishonesty, criminal damage and violence convictions, on bail, drug and alcohol use, high moral culpability, previous gap in offending and substance abuse, co-operation, remorse, 50 y male, difficult childhood, support of partner, imprisonment harsher as in protective custody, return to religious faith, guardedly fair rehabilitation prospects. / Sentence appeal dismissed
[2017] VSCA 70
30 March 2017
case summary
Ferrer
[2016] VCC 808 / 14 June 2016 / Custodial / 108 months (9 years)
NPP – 72 months (6 years) / Intentionally causing serious injury in circumstances of gross violence (8 years);
Aggravated burglary (6 years); and Theft (1 year). / G (early) / Confrontational / Offending – O and 2 co-offenders attended V’s home. O repeatedly struck V to head with hammer. O chased V as he went to look for help and stomped on V’s head a few times when V fell to the ground. Co-offender also struck V with a hammer. O then stole V’s personal items to the value of $3000. O told co-offenders that he was going to kill V. Most stolen property sold for drugs. Real and devastating effects on V with lasting psychological and physical injuries requiring craniotomy and elevation of depressed skull fragment. O could have killed V. Serious example of aggravated burglary. Most serious example of ICSI. Planned. Intention to cause serious injury and to use offensive weapon. Warrants sentence that exceeds mandatory minimum.
Offender – Prior violence and dishonesty convictions, 44 y male, O reacting to allegation that V raped his partner, not acting in purely gratuitous fashion, O crowed about his conduct when arrested, drug use, gaps in offending and drug use, harsh remand conditions, isolation from family in gaol, remorse, guardedly fair rehabilitation prospects. / Sentence appeal dismissed
[2016] VSCA 295
25 November 2016
case summary
Villella, Anthony [2017] VCC 120 / 14 February 2017 / Custodial / 104 months’ (8 years and 8 months)
NPP – 72 months (6 years) / Aggravated Burglary (4 years and 6 months);
Conduct endangering persons (3 years);
Robbery (2 years);
Prohibited person in possession of firearm (12 months);
Assault (9 months);
Handling stolen goods (6 months); and
Possess a drug of dependence (3 months) / G / Robbery related / Offending - O was driving with four other co-offenders and caused V1 to pull over. A confrontation occurred between V1 and three co-offenders, after which one of them struck V1 on the head causing injury. O and the co-offenders drove off with V1’s car.
A month later, O believed that there was a hydroponic cannabis crop located at V2’s house. O and his co-offender decided to burgle the house while disguised. O had a .22 Beretta handgun while the co-offender had a crowbar. They both forced entry into the house by kicking in a door and confronted V2 in the kitchen, and in the fight O shot at V2 but missed. O and his co-offender fled and were later arrested. Police found O’s handgun, cannabis, methylamphetamine, and a stolen car at O’s house.
Offender – Prior dishonesty, violence, criminal damage, drug and weapon convictions, breach of bail and court orders, moral culpability Verdins, general deterrence Verdins, specific deterrence Verdins, imprisonment Verdins, 31 y male, family history of drug dependence, victim of child sexual assault, mental health issues, drug use, cessation of drug use, negligible prospects of rehabilitation but not irredeemable, some expression of remorse
Kiezenberg [2016] VCC 1877
Offender 1 / 2 Dec 2016 / Custodial / 96 months (8 years)
NPP – 59 months (5 years and 9 months) / Aggravated burglary (6 years);
Intentionally cause injury (2 years); and
Attempt to pervert the course of justice (2 years). / G / Confrontational / Offending – O2’s sister was socialising at a house, when her behaviour upset people at the house and she was asked to leave. O2’s sister called O2, and met up with O1 and O2. They drove back to the address and, without knocking, O1 and O2 entered the house through the front door. O2 punched V in the head and wrestled with him. O1 produced a metal bar and struck V to the side of the head and the forehead. One of the offenders struck V to the head with a wooden chair. The offenders then left. While on remand, O1 made phone calls to his mother and brother directing that attempts be made to ensure witnesses do not appear at committal proceedings, including paying the witnesses with money or drugs. Neither O1’s mother nor brother acted on these directions. Particularly serious instance of aggravated burglary, with entry in company in middle of night, knowing people in house and with intent to commit assault, O1 carrying concealed weapon. No attempt to disguise, not extensive planning or premeditation.