Director of Public Prosecutions v Abrahams

[2017] VCC 1885

IN THE COUNTY COURT OF VICTORIA           Revised
     Not Restricted
   Suitable for Publication

AT MELBOURNE
CRIMINAL JURISDICTION

AP-17-0157

DIRECTOR OF PUBLIC PROSECUTIONS

v

KERRY ABRAHAMS

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JUDGE:	HIS HONOUR JUDGE GRANT
WHERE HELD:	Melbourne
DATE OF HEARING:
DATE OF SENTENCE:	8 December 2017
CASE MAY BE CITED AS:	DPP v Abrahams
MEDIUM NEUTRAL CITATION:	[2017] VCC 1885

REASONS FOR SENTENCE
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Subject:
Catchwords:
Legislation Cited:
Cases Cited:
Sentence:

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions
For the Accused	Ms J. Warren

Pages 1 - 6

 

 

1HIS HONOUR:  Ms Abrahams, will you stand please?  How have things been going for you?

2OFFENDER:  Better.

3HIS HONOUR:  Better?

4OFFENDER:  Yep.

5HIS HONOUR:  Yes.  And what's the position in relation to your son who'd been in a bit of strife with youth justice?

6OFFENDER:  He's at home with me, but he's still on bail.

7HIS HONOUR:  So he's on bail at home with you.

8OFFENDER:  Yeah, he's got pending court.

9HIS HONOUR:  Okay.  This is a very positive report from Community Corrections. That's good, because you might recall when you appeared in front of me in June, in Geelong, I had you assessed for a community corrections order and at that time Corrections said they didn't think you were suitable. That was because you'd had a number of orders in the past, all of them had been breached.

10But I deferred sentence because at that time you'd been trying to do the Stepping Up program; was that right?

11OFFENDER:  Yep.

12HIS HONOUR:  Yes.  Did you manage to complete that program?

13OFFENDER:  No.

14HIS HONOUR:  No. 

15OFFENDER:  It's full-time every day, and with my son and the bail conditions I just - yeah.

16HIS HONOUR:  You couldn't do it, yes.  But importantly, there's been no more trouble.  And this report says you've sold your car.

17OFFENDER:  Yeah.

18HIS HONOUR:  So there's been no more problems in relation to driving while suspended.

19Now, this report recommends that I do give you a community corrections order, and I initially was thinking of an order in terms of about 15 months, but because you've been on a deferral for six months and stayed out of trouble I'm going to reduce the period that you'll be on the order for, okay?  So that should make it easier for you in some senses because it won't be as long as it would have otherwise been; do you understand?

20I just say this though.  There's really no point entering this order unless you're going to make it work.  Because the last thing I want is for you to muck up and have to come back, and for me to breach you. I haven't got anywhere to go if the order is breached.  It's community corrections order or its gaol. I'm prepared to give you another chance, but you must understand that you've got to seize the opportunity, because you won't get another one.  Is that all clear?

21OFFENDER:  Yes.

22HIS HONOUR:  And so you've said to the Corrections worker that you are going to make the order work; so do you say the same thing to me that you're going to do this order?

23OFFENDER:  Yes.

24HIS HONOUR:  All right.  In relation to the appeal for the breaching offences, there were initially 16 charges, but some of those were struck out by the magistrate and therefore they are really not part of this appeal.   

25But on all of the remaining matters the order of the magistrate will be set aside and you will be convicted and released on a community corrections order for the next nine months. 

26The order will have the following conditions:  You are to attend for judicial monitoring on 6 March next year at 10 o'clock.  So that will be on the papers that we give to you, so you will remember that.  And I am doing that because, quite properly, Corrections say I need to keep an eye on this to make sure you continue on track.  In the past you've not been able to complete the orders, so I want to get updated reports and I want to make sure you are doing what you promise you will do.  So you have to appear back before me on 6 March, and I expect that I will get a really positive report on that day. 

27I want you to attend for assessment and treatment in relation to drug abuse or dependency.  As you know better than anybody, the real problem in your life has been your drug problem.  You seem to be really making a strong fist of dealing with that problem, and so Corrections will offer you all the assistance they can to make sure you remain drug-free.

28On the last occasion that you appeared in court there was a report from a psychologist, who said you were suffering from chronic depression and post-traumatic stress disorder, and that is because you have experienced significant trauma throughout your life.  And so understandably, Corrections recommend that you undergo assessment and treatment for mental health issues, and so that is going to be a condition also. 

29And then finally, that you participate in programs that will assist you to remain out of trouble in the future, and particularly, Corrections would be looking at you engaging with the Wathaurong Cooperative down in Geelong, or perhaps another appropriate woman's organisation that supports women who have been the victims of domestic violence.  So again, this would be a program designed to support you within the community and assist you to deal with some of the significant issues you have had in your life.

30I am not going to order you to perform any community work, because I think with these sort of conditions you will have enough on your plate, and you do have, as you rightly identify, responsibility in relation to your family. 

31So are all those conditions clear?  You understand what it all means?

32OFFENDER:  Yes.

33HIS HONOUR:  And it is a standard condition of a community corrections order that you cannot reoffend.  So there cannot be any more offending of any type; is that clear?

34OFFENDER:  Yes.

35HIS HONOUR:  There is another appeal, which is the appeal in relation to the orders made for breaching the past Corrections order.  So I will again set aside the order made by the magistrate at the Geelong Magistrates' Court, and for breaching the community corrections order I will find the breach proved.  I will cancel the order and I will re-sentence you on the original two offences, which were possess methamphetamine and knowingly deal with the proceeds of crime.

36And this is an unusual case because I have now put you on another community corrections order.  I cannot see much point in making the same sort of order to run concurrently, so what I am going to do on these matters is convict you and adjourn the further hearing for a period of 12 months if you are prepared to undertake in writing that you will be of good behaviour. 

37So the order is what is commonly called a good behaviour bond, it is with conviction, and it is your promise to me that there will be no further offending in the next 12 months.  You would only be dealt with again on these matters if you breach your undertaking by committing further offences.  Then you would come back to court and I would deal with you again.   

38So this order is really designed to acknowledge that you have made really good progress, but it has to continue and you have to make sure that there is no more offending. 

39So focus on the positive things that you have been doing, focus on supporting family, and make sure that these orders work. 

40You can step down now and come and take a seat behind Ms Warren.

41We will print out the papers and get you to sign them.

42MS PROSECUTOR:  Your Honour, there are just a couple of disposal orders that need to be signed.

43MS WARREN:  Not controversial, Your Honour.

44MS PROSECUTOR:  And I apologise, there's a number of amendments on it because of the change of date and so forth.

45HIS HONOUR:  That's all right.  So there is a disposal order sought by the Crown in relation to a knife and a claw hammer, and I will make the orders that are sought.  Are there others?

46MS PROSECUTOR:  There's two lots, Your Honour, one is for the drugs, the second appeal.

47HIS HONOUR:  Two lots of disposal orders.  Well, I'll make both of them.  Yes, thank you.

48MS PROSECUTOR:  Thank you, Your Honour.

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