Paramedic attacker James Haberfield spared jail once again
A drug-fuelled “maniac” who bashed two paramedics has been spared prison once again, despite tough laws designed to jail people who attack emergency service workers.
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A maniac thug who bashed two paramedics while high on a cocktail of party drugs won’t be jailed after beating an appeal by the Director of Public Prosecutions.
James Haberfield, 22, sidestepped intended mandatory sentencing laws and avoided a prison term over the attacks earlier this year.
He was placed on an 18-month Community Correction Order with a Mandatory Treatment and Monitoring Order in a move that sparked outrage among the community and prompted Premier Dan Andrews to urge an appeal.
Director of Public Prosecutions Kerri Judd, QC, appealed the sentence saying it was in the public interest to do so.
Today, County Court judge Michael Tinney again spared Haberfield from prison — handing down the same 18-month non-custodial sentence — saying prosecutors ultimately conceded the six month mandatory prison term was not required.
Haberfield launched a frenzied attack on a female paramedic, Monica, placing her in a headlock and punching her several times in the face.
He had gone into a psychotic state after the four-day Rainbow Serpent festival in January, where he’d consumed a cocktail of drugs including ice, MDMA and ketamine.
Judge Tinney found because of his impaired mental functioning Haberfield had made out two special reasons that removed the legislative requirement to jail him.
Outside court, one of the paramedics he attacked said she was disappointed by the appeal outcome.
“It’s continued to have devastating impacts on my life. I loved working on the road as a paramedic and helping the community,” she said.
“Violence against anyone is unacceptable. Violence against paramedics, other emergency workers and other health professionals is never okay.”
Predicting a public fallout from his decision, Judge Tinney, a 10-year veteran of the County Court, said judges were sometimes required to do things that would be considered unpopular, but that were right.
“I have been around long enough to have an appreciation of how my sentence in this matter may be received,” he said.
“I have but two choices. The first is to send a young man of exemplary past behaviour to prison, one whom I judge to have excellent prospects of rehabilitation if dealt with in a humane fashion here, and yet one who has very serious risks of substantial deterioration as well as a worryingly high risk of suicide if imprisoned.
“Or I spare him from prison but admit him to an intense order which was created and designed specifically to be used only in the case of an offender who establishes the matters which can enliven that option, as you have. What a choice.”
Despite being in place for five years, tough laws intended to force judges to jail people convicted of assaulting emergency services workers have never been used.
Judge Tinney defended the laws, which promise minimum six-month jail terms, and said it would be hard for anyone convicted under the legislation to avoid prison.
“Someone acting whilst intoxicated or juiced up on drugs without some causally connected mental impairment will have nowhere to hide. Prison will be a certainty,” he said.
“This sentencing outcome in this case occurs on, what as a matter of chance, happens to be the first application of these provisions.
“That should not lead people to think the laws are not working or will not work or will not be applied by Judges. We will apply them.
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“They will work in exactly the manner intended. Indeed they are working, which is precisely why I am not sending you a mentally unwell, disturbed and suicidal youthful first offender with reduced culpability to an adult prison.”
Judge Tinney said if Haberfield’s victim was not a paramedic, but a regular citizen, there would be almost no consideration of him going to jail.
He said Haberfield — described as shy, quiet, general, modest and caring — had excellent prospects of rehabilitation and was of otherwise excellent character.
“I am as confident as I can be this offending was a once off”, he said, adding that there was no need to protect the community from Haberfield.
He said while Haberfield was “behaving like a maniac” his offending was triggered by florid delusions, and found they were not caused solely by his drug use.
“Regrettably you seem to have become public enemy number one,” he said.
“You were floridly delusional. You felt an imminent risk of great harm and sought to escape. Of course looking at it through a rational eye makes no sense.”
Judge Tinney said he wanted to send a clear message to the community: “I am not saying it is OK to assault an emergency worker. It is never OK.”
A government spokesman said it was not appropriate to comment directly on a County Court decision “as they are made independent of government”.
Asked whether the government would review the legislation or attempt to close any loopholes, the spokesman said: “Our new laws were developed in close consultation with emergency worker unions and we established the Emergency Worker Harm Reference Group to advise government on any further ways to strengthen legislation.
“We will continue to seek their advice on these matters.”
Shadow Attorney-General Ed O’Donohue said Premier Daniel Andrews had broken a promise to jail anyone who assaulted a paramedic.
He said the laws were “too weak” but did not answer questions about whether the Opposition would commit to closing the loopholes if elected in 2022.
“Daniel Andrews has not just failed the two ambos who were bashed in this shocking incident, he has failed every emergency service worker in Victoria,” Mr O’Donohue said.
“Daniel Andrews refused to act upon warnings that his laws were too weak and as a result an ambo basher is walking free.”