Director of Public Prosecutions v Adams

[2019] VCC 1589

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR 19-00303

DIRECTOR OF PUBLIC PROSECUTIONS

v

KAYNE ADAMS

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JUDGE:	HIS HONOUR JUDGE MULLALY
WHERE HELD:	Melbourne
DATE OF HEARING:	1 October 2019
DATE OF SENTENCE:	1 October 2019
CASE MAY BE CITED AS:	DPP v Adams
MEDIUM NEUTRAL CITATION:	[2019] VCC 1589

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	Ms. J. McGarvie	Office of Public Prosecutions
For the Accused	Ms T. Skvortsova	MIR Lawyers

HIS HONOUR:

1Kayne Adams, I propose to impose a community corrections order with just work to do.  You should not think that this is just a soft option because you will have to do that work and do not doubt if you do not do it then the high likelihood is that you will go to prison because you will come back here.

2You were on an order at the time that these offences were committed so I do have some concerns about you keeping your community corrections order so that I why I emphasise that you must and do every hour.

3Can I just give you one other - say something else about all that?  You probably know it in any event but sometimes on these work community corrections orders they get you working with a team of people only half of which are - if that have any interest in reforming and any interest in completing it and they will come up with all sorts of ways to get out of it and encourage you to do the same, and they will come up with reasons why you should join them in taking up drugs and alcohol again.

4If you fall into that you are just letting yourself down and your children and your new partner and you should not do that.  Just get this done and put it out of your life.  It is a matter where I can see there have been steps you have taken through October 2017 and 2018 to deal with long term drug matters and those that get through those sorts of problems should be encouraged to keep going.

5Stable accommodation and your prospects for work and your desire to work are positive matters.  It is in the community's interest that you become a working man who helps your children and provides a model for your child in Queensland who you are a little concerned about.

6Fundamental to all of that can I just give you one other piece of advice, that if you do go to Queensland and things get angry up there it will breach this order and more than likely cause problems with a reasonably severe sentencing system in that state.

7So if you do go to help your son then make sure that it is all done according to - keeping in mind his best interests which is to have his adults surround him not arguing or fighting.  I am not suggesting that could happen but you never know.

8If you think there is domestic violence then it sounds like someone in the family constellation is not behaving properly but you are not to take the law into your own hands.  So I intend to impose an aggregate sentence.  I have made clear that I think the common assault is barely there and certainly the whole of this sentence really relates to the aggravated burglary.

9It is a serious crime, a 25 years maximum.  There has got to be deterrence to people trying to assault people in their own home and given that you have got prior matters it will be for 12 months and I will require you to do 75 hours of unpaid community work.

10So get that done as soon as possible and it may well be that they do not need any further time with you on that community corrections order, but I just want to keep you under some level of my own supervision for 12 months.

11If you sign that when it is produced you will be - this will be finished and you will be free to go.  Just come out of the dock and sit behind your lawyer.

12MS SKVORTSOVA:  As Your Honour pleases.

13MS McGARVIE:  Thank you, Your Honour.

14MS SKVORTSOVA:  Your Honour, can I confirm that in terms of what
Your Honour just said at the end of addressing my client there is no judicial monitoring attached?

15HIS HONOUR:  No, I am not doing that.

16MS SKVORTSOVA:  Just in terms of where my client lives.

17HIS HONOUR:  No, he is under my general supervision in the sense that should he breach this order within 12 months he will come back.  He will get the 75 hours done in about three weeks, four weeks, but he has got to maintain that he does not commit further offences within 12 months.

18MS SKVORTSOVA:  As Your Honour pleases.

19HIS HONOUR:  Can I ask you, Ms McGarvie, was the Crown in the document that was filed today - did your instructor feel they could not do that until they had received some materials from the defence?

20MS McGARVIE:  Yes, my understanding is that it is the policy of the Crown not to consent to a sentence indication until they have received defence materials.

21HIS HONOUR:  Yes, I follow that.  Do I have to do the 6AAA if he has only got that sort of penalty?

22MS McGARVIE:  No, I have checked that, Your Honour.  It is only if it is a period of two years or more.

23HIS HONOUR:  I do not have to say it, but had you gone onto trial here and been found guilty and there was a red hot chance you would have, then you would have got a term of imprisonment, no question, so the plea of guilty has been of significant value in reducing the penalty in meaning it can be of a different kind.

24So I need to tell you that this order will go for 12 months, so it will end on
30 September 2020.  The conditions are do not commit another offence for which you could be imprisoned during the time it is in force and the rest of them are about cooperation with the Office of Corrections.

25There is a requirement you comply with the regulations under the Sentencing Act. They will need to take a photograph of you and make sure they know who you are. You must report and receive visits from the Office of Corrections. You must report to the Community Corrections Centre within two clear working days.

26That is up there at Mildura and you know where it is.  Just get there tomorrow.  You must let the community corrections officer know within two clear working days if you change your address or job.  You are not to leave Victoria without getting permission to do so.  We have gone through that.

27You must obey all lawful instructions and directions.  A special condition applies to you as you must perform 75 hours of unpaid community work.  Sign that and that will bring the matter to an end.

28MS SKVORTSOVA:  If I could just have one moment, Your Honour?

29HIS HONOUR:  Yes.  There is a copy of that.  I am grateful to counsel for their assistance.  Ms Skvortsova, just remind your instructing solicitor that they appear on these directions hearings that I have and ask for sentence indications and I squeeze them in like this one at 2.15 to suit people.

30I expect the material earlier than we got it here to enable me to be more prepared than I was.  The risk to them will be I will say I am not doing it and adjourn the matter and someone will come from Mildura for no good reason and I will make it clear that I do not think Legal Aid should pay for anything.

31So just a bit more timely with their preparation of that.  There is probably good reason.

32MS SKVORTSOVA:  I will convey that to my instructor, Your Honour.

33HIS HONOUR:  That is fine, thank you.

34MS SKVORTSOVA:  And also if I can just express my gratitude for the extra time to speak to my client after his arrival here.

35HIS HONOUR:  Not at all.  I am glad you asked for it and assisted.  Nothing further?  Thank you.

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