Bashed paramedic’s dad slams thug’s sentence as chief magistrate defends court
The father of a paramedic bashed by a man high on party drugs has slammed a court’s decision to let the thug walk free, saying he was given “the lightest of slaps on the wrist”. It comes after Victoria’s chief magistrate defended the sentence.
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The father of a paramedic brutally bashed by a man high on a cocktail of party drugs has declared “enough is enough” as he slams a court decision that let the attacker walk free.
Ian has returned fire after Victorian Chief Magistrate Judge Peter Lauritsen defended the ruling that saw James Haberfield, 22, last week dodge a mandatory jail term for his attack on Monica and another paramedic.
Monica’s father wrote in a letter to the Herald Sun that he was “angry about this situation”, and said Haberfield was given “the lightest of slaps on the wrist”.
“It was as though Haberfield was the victim and not the violent offender,” Ian said.
“The court in my opinion seemed more concerned about the well-being of Haberfield rather than the victim.”
READ IAN’S LETTER IN FULL BELOW
Haberfield consumed ice, ketamine and MDMA while at the Rainbow Serpent music festival, in central Victoria, north of Ballarat in January.
He was hospitalised but escaped and roamed the streets of Coburg before launching a frenzied attack on Monica as she tried to treat him in the ambulance.
Instead of being locked up, Haberfield was handed an 18-month community correction order and ordered to undergo mental health and drug treatment.
The case is the latest to call into question the effectiveness of mandatory minimum six-month jail terms for thugs who bash paramedics.
Despite the laws being introduced five years ago, and strengthened last year, the sentence has never been dished out by Victorian courts.
In his letter, Ian recounted the “rocking of the ambulance” during Haberfield’s attack on his daughter, and the assault’s “physical, psychological and financial impacts” that left her unable to return to work.
“Bystanders heard the loud screams of the female paramedic and the rocking of the ambulance highlighting the level of violence occurring inside,” he said.
“If it was not for the heroic bystanders intervening and restraining Haberfield, then god knows what could have happened to those paramedics.”
The Victorian father said “enough is enough” and that he had penned the emotional 707-word letter for all emergency workers.
“I am not writing this message just for my daughter but for all emergency workers who suffer at the hands of drug fuelled criminals,” he said.
“I am sick and tired of irresponsible people who take illicit drugs and then use that as an excuse for their violent behaviour.”
He added: “We simply must keep drug fuelled thugs off our streets and emergency workers must be able to do their work unhindered without facing violence.”
Ian’s comments come after Mr Lauritsen backed sentencing magistrate Simon Zebrowski in a letter to the Herald Sun, saying “there has been controversy in some sections of the media”.
Mr Zebrowski was criticised for finding special reasons why Haberfield, 22, should not be jailed for the attack.
Despite being tightened, a provision in the mandatory minimum sentencing laws remains for people with severe mental or cognitive impairment.
Mr Zebrowski’s sentencing remarks included concern that Haberfield’s depressive disorder and autism traits would make it very difficult for him in prison.
“Your clinically depressed state … would mean that you would find any term of imprisonment more burdensome than a prisoner not so afflicted,” he said.
Mr Lauritsen said in a letter to the editor, published yesterday, that Mr Zebrowski applied the law.
“Whether there is an appeal or not, it is clear the magistrate applied the law (as he saw it) to the facts to reach the sentence he imposed,” he said.
“It would have been wrong for him to do otherwise.”
“Incidentally, prior to his appointment, the magistrate was a principal solicitor with the Office of Public Prosecutions.”
Paramedic Paul Judd, the victim of a career-ending bashing by two drunk women, was not impressed by Mr Lauritsen’s comments.
“It (the sentence) may have been to the letter of the law — but certainly does not go
to the intent of the law or meet community expectations,” he said.
“If this is in fact correct — then obviously the law must be changed to reflect its intent and community expectations.”
Police Association secretary Wayne Gatt said there should be no ambiguity in the law.
“If you assault an emergency service worker and cause injury, you should expect a prison sentence,” he said.
“When a decision like this is made in the belief that it is supported by the law, it’s clear that the law has not adequately conveyed the intent of the legislature, as articulated by Premier Daniel Andrews when he had it tightened last year.”
“Prosecutors in this case strongly argued that even if the court did not have to impose a `mandatory’ minimum jail sentence it could, in its discretion, still impose a jail sentence given the gravity of the matter before it. It chose otherwise.”
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Law Institute of Victoria criminal law section co-chair Mel Walker backed the Chief Magistrate.
“Jail does punish an offender in the short term, but it may not protect the community if offenders do not undertake any treatment,” Ms Walker said.
“Recidivism rates of individuals sent to prison are very high. The community can feel more comfortable if an offender is forced to address the causes of offending through treatment as part of a Community Corrections Order”.
IAN’S FULL LETTER TO THE HERALD SUN
James Haberfield walked free from the Magistrates Court in Melbourne last week despite being convicted of violently assaulting a young female paramedic in January this year.
The court was told that Haberfield had been taking drugs since he was 15 years of age. He was also described to be allegedly socially inept, suffering depression and had other mental issues, yet ironically, he had attended a crowded music event where thousands of people were in attendance. Furthermore, despite his alleged significant personal issues, it was considered he had a great academic and working career ahead of him. Haberfield, who was said to come from Warrnambool was educated at the private day/boarding school — St Patrick’s Ballarat College whose message is ‘raising fine boys to the status of great men.’
At the music event Haberfield took a cocktail of drugs and somehow got back to Melbourne. Uninvited he had entered at least one person’s house in Coburg and the male at that address escorted him out of his property. He noticed that Haberfield was drug affected and called for an ambulance.
Paramedics attended the scene and started to treat Haberfield. One of the paramedics was in the driver’s seat about to drive off and the other paramedic attended to Haberfield in the back of the ambulance. The latter asked him did he want her to contact someone on his behalf. Haberfield gave her his father’s mobile phone number, which she phoned. Whilst the mobile was on speakerphone, Haberfield viciously attacked the young female paramedic. In court it was claimed that Haberfield (approximately 190cm tall) was fearful of the paramedic for reasons beyond comprehension and was trying to escape. This certainly was not the view of the paramedics or the three bystanders.
If one accepted this absurd and erroneous claim, then it should be noted that Haberfield had an easy means of escape through the side door. Instead, he viciously and seriously assaulted the female paramedic, resulting in physical, psychological and financial impacts on that paramedic. He did not stop there but also attacked the other paramedic who came to her aid.
Bystanders heard the loud screams of the female paramedic and the rocking of the ambulance highlighting the level of violence occurring inside. If it was not for the heroic bystanders intervening and restraining Haberfield, then god knows what could have happened to those paramedics. Haberfield showed no restraint whatsoever, punching the female paramedic in the face, putting her in a headlock and smashing her against the back of the ambulance resulting in serious physical and traumatic injuries.
Despite there being mandatory prison sentencing legislation whereby people who assault paramedics and other emergency workers, face a minimum of six months imprisonment; Haberfield, although convicted, effectively walked free with the lightest of slaps on the wrist. It was as though Haberfield was the victim and not the violent offender. The court in my opinion seemed more concerned about the well-being of Haberfield rather than the victim.
The female paramedic, the victim of Haberfield’s criminal action, was my daughter and I am angry about this situation. I am not writing this message just for my daughter but for all emergency workers who suffer at the hands of drug fuelled criminals. I am sick and tired of irresponsible people who take illicit drugs and then use that as an excuse for their violent behaviour. Argument was put to the court that his medical condition was the root of the problem. I for one cannot buy that — I and others are convinced that if Haberfield had not taken the cocktail of drugs, then he would never have been in the position where he violently assaulted two paramedics who were there to assist him.
Haberfield was said to be sorry for his actions and was suffering remorse. I did not see any display of remorse from Haberfield.
Enough is enough! If prison was not considered appropriate by the Magistrate in view of Haberfield’s alleged psychiatric situation, then why not commit him to the Thomas Embling Hospital or somewhere similar until such time as he was fit enough to re-enter civilised society. We simply must keep drug fuelled thugs off our streets and emergency workers must be able to do their work unhindered without facing violence.