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Couple sentenced over ‘vengeful’ shooting

An alleged e-scooter dispute has sparked a series of threats, violence and a vengeful, drug-fueled shooting, a court has heard.

David Graham, 34, and his partner Jacinta Love, 33, pleaded guilty to recklessly causing serious injury after a sentence indication at the Victorian County Court.

The victim had sold an electric scooter to Graham’s sister’s partner, who took it and refused to pay in November 2023.

It led to several “threatening and violent exchanges” in Springvale – the victim damaging the sister’s home security camera, the victim being shot at and then the victim reversing into a car with Graham’s sister inside.

The victim returned to the sister’s home in a truck. After a heated argument, the victim drove off and clipped the mirror of Love’s Jeep.

Love followed the victim on Springvale Road to an abandoned factory, texting Graham – presumably to tell him the victim’s location.

That day Graham had been using ‘ice’ and cocaine. He arrived with a sawn-off rifle, and he and Love went inside the factory after the victim.

“Don’t f*** with my sister,” Graham yelled before he shot the victim twice – once in each leg.

During a raid of Graham’s gazebo home in Braybrook, police seized a .22 calibre handgun, ammunition, 12 deal bags of meth and a deal bag of MDMA, an ASP baton and $2110 of cash.

Further ammo, knuckle dusters, throwing knives and fireworks were seized from his car.

Graham pleaded guilty to recklessly causing serious injury and being a prohibited person with a firearm.

Love also pleaded guilty to recklessly causing serious injury on the basis of intentionally assisting, encouraging and directing the shooter.

In sentencing on 5 December, Judge Andrew Palmer said the shooting was apparently “motivated by a desire to take vengeance” for the victim’s behaviour toward Graham’s sister.

He said such “violent vigilante justice” called for substantial jail time.

The impact on the victim, who endured four major operations to repair the damage, was “life destroying”, Judge Palmer said.

“He survived, but the life he knew is gone.”

The victim spent five months in a wheelchair, was stricken with pain each day and needed a stick to walk.

He’d also lost two businesses – the one given to him by his father and one he built himself.

Graham was unable to control his anger on the day of the incident, due to a combination of drug use and mental-health issues.

He endured a difficult, abusive childhood. His significant criminal history began from a young age.

Judge Palmer noted Love’s similarly difficult childhood, several mental health conditions, drug abuse while living with her three high-needs children in government-housing accomodation.

To jail her would cause “exceptional” hardship to her children, he said.

“Your lack of a criminal record and devotion to your children also suggest that you have good prospects for rehabilitation.”

Graham was jailed for up to six-and-a-half years, with a four-and-a-half year non-parole period.

His term included 723 days of pre-sentence detention.

Love was sentenced to a three-year community correction order.

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