Sentence Determined for Charges of Assault on Emergency Worker

DPP v Basic [2022] VCC 920 (21 June 2022)

Dennis Basic was charged for assaulting an emergency worker on duty, causing injury recklessly, knowingly possessing explosive substance for an unlawful object, cruelty to animals, and more. The Court, in determining the appropriate sentence, considered early pleas of guilty and highly problematic prospects of rehabilitation. 

Facts:

On Friday 23 October 2020 at approximately 2:00pm, Mr Basic attended in the vicinity of the Shrine of Remembrance along with approximately 2,000 other protesters in breach of the Chief Health Officer’s Directions operative at that time. Those directions included a requirement not to gather in groups of 10 or more people, and to maintain a social distance of 1.5 metres.

At approximately 2:45 pm, Mr Basic and the group of protesters left the Shrine of Remembrance and travelled towards the Melbourne CBD along St Kilda Road. Police had established a roadblock on St Kilda Road, on Princess Bridge in front of the Arts Centre. 

Those police officers were involved in maintaining a roadblock, which prevented Mr Basic and the protesters from travelling North on St Kilda Road. At 2:58 pm, Mr Basic confronted Senior Constable Jamie Brown who was on foot. Mr Basic ripped his police-issue baseball cap from his head. While standing in front of him, Mr Basic yelled obscenities, waved the flagpole he was holding in a threatening manner and gestured as if he wanted him to fight you.

At 3:01pm Mr Basic approached Mounted Branch officer Senior Constable Jessica Walsh who was riding a troop horse named ‘Zac’.  Mr Basic used the flagpole to forcefully strike the head of the troop-horse being ridden by Senior Constable Walsh multiple times thereby causing him to lift its head up and quickly move backwards.

On 18 November 2020, investigators from the Northwest Regional Crime Squad attended his home at Narre Warren South. He was taken to the Narre Warren Police Station where he was asked to take part in a forensic procedure to allow police to photograph tattoos on his arms and chest, and a distinctive scar on his stomach.  Mr Basic relied on his right to decline to take part in that procedure.

On 24 July 2021 at 10:00 am, Mr Basic and approximately 3,000 anti-lockdown protesters entered the city of Melbourne to take part in what was called a ‘Worldwide Freedom Rally’. When the mounted police were approximately two metres from him, he picked up a heavy orange traffic bollard with a weighted black base.

He threw the bollard directly at Leading Senior Constable Christine  Brown, who was riding away from him and therefore had her back to him. In the statement attached to her Victim Impact Statement (‘VIS’), Leading Senior Constable Christine Brown observes the incident gave her horse, ‘Unity’, a fright which caused the horse anxiety.  

As a result of the assault, Leading Senior Constable Christine Brown sustained injuries to her head and neck which required ongoing treatment by an osteopath and analgesic medications for approximately two months.  He committed this offence whilst he were on bail for committing similar offences in the first incident. He also breached the conditions of his bail by attending the CBD, taking part in the protest and confronting the police in close proximity to other protesters, and breached the Chief Health Officer’s Directions.

Issue:

Whether or not it is appropriate to impose an aggregate sentence of imprisonment. 

Applicable law:

Crimes Act 1958 (‘CA’) s 31(1)(b) - prohibits assaulting an emergency worker on duty. 

Phillips v The Queen [2017] VSCA 313 - provides that if police were the target in all incidents, it increases one's moral culpability and emphasises that general and specific deterrence are important sentencing considerations in such case.

Loader v The Queen [2011] VSCA 292; (2011) 33 VR 86 - relied upon in holding that the use of a weapon is an aggravating feature of this offence, as is the fact you were in breach of your undertaking of bail, arising from the first incident, when you committed the second assault. 

DPP v Frewstal Pty Ltd [2015] VSCA 266; (2015) 47 VR 660 - relied upon in holding that the four offences are of a comparable level of seriousness.  

Analysis:

His offending involved aggressive and violent behaviour. After charging toward and then physically struggling with Senior Constable Jamie Brown, he continued to stand in front of him for a period of time, gesturing at him as if he wanted to fight him. Senior Constable Brown was performing his lawful duty protecting the public from the very type of unprovoked and aggressive behaviour you engaged in. The presence of a weapon is an aggravating circumstance.

Leading Senior Constable Christine Brown was particularly vulnerable when Mr Basic threw the traffic bollard at her because her back was facing himat the time. She was on horseback which created a significant risk to her safety. She suffered an injury that was protracted, lasting two months, and required osteopathic treatment and significant quantities of analgesics, indicating the injury was far from trivial.  

The attack on the police horse with the flagpole Mr Basic was carrying is also a serious enough example of cruelty to an animal. His attacks on two police officers and a police horse in two separate incidents nine months apart show a continuing disregard for the law and disrespect towards those charged with enforcing the law on behalf of the Victorian community.

Conclusion:

For assaulting an emergency worker on duty, Mr Basic is convicted and sentenced to six months’ imprisonment. For knowingly possessing an explosive substance for an unlawful object, Mr Basic is convicted and fined $1000.00. 

For causing injury recklessly, he is convicted and sentenced to 15 months’ imprisonment. For cruelty to an animal, he is convicted and sentenced to three months’ imprisonment. For possessing prohibited weapons, he isconvicted and sentenced to an aggregate sentence of six months’ imprisonment. 

For throwing a missile to endanger, he is convicted and sentenced to two months’ imprisonment.  For committing an indictable offence on bail, he is convicted and sentenced to one month’s imprisonment. For contravening the conduct condition, he is convicted and sentenced to one month’s imprisonment.  

For failure to comply with the direction of the Chief Health Officer, he is convicted and fined $500.00. This makes a total effective sentence of imprisonment of 26 months and 14 days.  He is to serve a minimum of 20 months imprisonment before being eligible for parole.

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