Director of Public Prosecutions v Alabboudy (Application to Vary Cco)

[2024] VCC 13

IN THE COUNTY COURT OF VICTORIA

AT MELBOURNE

CRIMINAL DIVISION

Revised
Not Restricted
Suitable for Publication

Case No. CR-23-02026

DIRECTOR OF PUBLIC PROSECUTIONS

v

YOUNIS ALABBOUDY

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JUDGE:	His Honour Judge Rozen
WHERE HELD:	Melbourne
DATE OF HEARING:	24 January 2024
DATE OF RULING:	24 January 2024
CASE MAY BE CITED AS:	DPP v ALABBOUDY (APPLICATION TO VARY CCO)
MEDIUM NEUTRAL CITATION:	[2024] VCC 13

RULING
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Subject:CRIMINAL LAW    

Catchwords:              Sentencing – Aggravated carjacking – Category 1 offence – Special reason due to intellectual disability – Youth – Importance of promoting rehabilitation recklessly causing serious injury – Community Correction Order – Justice plan condition     

Legislation Cited:      Sentencing Act 1991 (Vic); Disability Act 2006 (Vic)

Cases Cited:

Ruling:Application to vary CCO granted – CCO varied to include Justice Plan condition          

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APPEARANCES:	Counsel	Solicitors
For the Plaintiff	Mr D Staveley	Office of Public Prosecutions
For the Defendant	Mr T Brown	FJR Lawyers

HIS HONOUR:

1Mr Alabbaoudy, on 7 December 2023, I sentenced you to a 2 year CCO to end on 6 December 2025.

2In my reasons for sentence at [82], I noted that Corrections Victoria had endorsed the prospect of a Justice Plan being added to any CCO that the court imposed. I noted that I would revisit your case once the court had received the reports requested under s 80(3) of the Sentencing Act1991 (Vic) (‘Sentencing Act’).

3Subsequent to imposing sentence, the Court received a statement of intellectual disability dated 11 December 2023 and completed by Mr Joe Spallieri, Manager Forensic Disability State-wide Access Service of the Dept of Families Fairness and Housing (DFFH).[1] The statement informed the court that you have significant sub-average general intellectual functioning and significant deficits in adaptive behaviour. The statement was based upon the medical reports about you referred to in my earlier decision.

[1] Exhibit P3.

4The Court has now received two reports:

(a)   A Justice Plan dated 4 January 2024; and

(b)   A Disability Overview Report of the same date.

5I will mark these documents exhibit P4 and P5 on the plea respectively.

6The Justice Plan makes a number of recommendations concerning engagement with a Disability Justice Coordinator and complying with their recommendations concerning support and treatment; being assessed for alcohol and other drug interventions; and mental health support.

7The author of the Overview Report (Mathew Kojrovicz), who is your Disability Justice Co-ordinator, met with you on 18 December 2023. Mr Kojrowicz identifies a number of supports that he considers will be of assistance to you including registration with the NDIS.

8As anticipated at [85] of my earlier decision, your lawyers have today applied to the court to vary your CCO to attach a Justice Plan condition.

9Such a condition directs an offender to participate in the services specified in the Justice Plan.

10The court’s power to vary a CCO is conferred by s 48M of the Sentencing Act. It may vary an Order if satisfied that the rehabilitation and reintegration of the offender would be advanced by doing so.[2] The Court must have regard to the objectives and principles specified in Part 2 of the Disability Act 2006 (Vic.) which I have done.

[2] S 48M(1)(d).

11Based on the material before the court and noting that the application is not opposed, I am satisfied that your rehabilitation and reintegration will be advanced, and will vary the CCO dated 7 December 2023 by attaching a condition that you participate in the services specified in the Justice Plan dated 4 January 2024. I will cause a copy of the CCO as varied to be supplied to the Secretary of the DFFH together with a copy of these reasons when revised.[3] The plan will be reviewed by the Secretary no later than one year from today. The report of such a review is to be provided to the court.

[3] Sentencing Act 1991 (Vic), s 80(5).