Director of Public Prosecutions v Alexander
[2025] VCC 49
•31 January 2025
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
CR-23-01197
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| ALEXANDER, Guy |
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JUDGE: | HER HONOUR JUDGE BLAIR | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 24 October 2024 and 30 January 2025 | |
DATE OF SENTENCE: | 31 January 2025 | |
CASE MAY BE CITED AS: | DPP v Alexander | |
MEDIUM NEUTRAL CITATION: | [2025] VCC 49 | |
REASONS FOR SENTENCE
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Subject:CRIMINAL LAW – SENTENCE
Catchwords: Aggravated burglary – criminal damage – recklessly causing injury – common assault – retaliation – no prior criminal history – mental health problems – PTSD – anxiety – Verdins – good prospects for rehabilitation – low risk of re-offending
Legislation Cited: Sentencing Act 1991 (Vic)
Cases Cited:R v Verdins [2007] VSCA 102; Jiang v The Queen [2019] VSCA 126; Bradshaw v The Queen [2017] VSCA 273; Potter v The King [2023] VSCA 104; Curtis v DPP [2022] VSCA 5; Boulton v The Queen [2014] VSCA 342
Sentence: A Community Correction Order for a period of 2 years and 4 months
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Mr P. Triandos (plea) Mr J. Andrews (sentence) | Office of Public Prosecutions |
| For the Accused | Mr J. Anderson | Stary Norton Halphen |
HER HONOUR:
1Guy Alexander on 24 October 2024 you pleaded guilty on indictment P10240732.1 to one charge of aggravated burglary, one charge of criminal damage, one charge of recklessly causing injury and one charge of common assault.
Circumstances of Offending
2The agreed factual basis of your offending is contained in the Summary of Prosecution Opening for plea dated 23 October 2024. That document was tendered on your plea and what follows is a summary. At the time of the offending, you were 35 years of age. You were living between your mother's house in Flemington and your ex-girlfriend's home in Footscray.
3The two victims, Mr Macleod and Mr George and another male, Mr Howland lived at a property that was in close proximity to your ex-girlfriend's home. These males were known to you and your ex-girlfriend. Mr George worked in a local bar with your ex-girlfriend. You and Mr MacLeod would regularly attend there.
4In the days preceding 24 December 2022, you and Mr Macleod were arguing on Facebook Messenger over Mr Macleod attending your partner's workplace, after having close contact with someone suffering COVID-19. You thought his attendance had put your partner at risk. The back-and-forth messages resulted in threats and in this context, Mr Macleod provided you details of his address.
5
At around midday on 24 December 2022, you attended Mr Macleod's address where you were involved in a physical altercation on the front lawn. On
28 December 2022, you attended the Footscray police station. You alleged that Mr Macleod threatened to kill you, that Mr George stomped on your hand and that Mr Macleod struck you on the left side of your head with a metal pole.
6On Saturday 28 January 2023 at 1.45 am, Mr Macleod heard a knock at the front door of his home. He opened the door, saw you standing in front of him, closed the door and locked it. You then banged on the front door and a car horn sounded. The occupants did not open the door.
7Mr Macleod was out the back near the kitchen when he saw you inside his home. Mr Howland came downstairs and ushered you outside. Mr Howland heard you say, 'good luck sleeping mother fuckers' when you were leaving. Mr Macleod heard a vehicle horn continuing to beep outside, and noticed the front door was damaged and would no longer lock. (Charge 2 – Criminal Damage). He rang Triple 0 at 1.48 am.
8Call charge records from your mobile reveal that at 1.54 am, 1.56 am and 2.09 am, you made calls to the Footscray police station.
9At 2.25 am, Police Officer Fisk from the Footscray police station, was tasked to call Mr Macleod to obtain further information about the Triple 0 call regarding damage to the front door. He was unable to make contact with Mr Macleod.
10Shortly after this, Police Officer Fisk received a call from someone identifying themselves as you. You stated that Mr Macleod was currently at home at his Footscray address, and he was a person of interest in an ongoing investigation where you were the victim. You requested police attendance at the address to arrest Mr Macleod. Police Officer Fisk informed you that police units were currently occupied with other jobs, and it might take some time to arrive. He asked you why you were at the address and you said, 'I am walking my dog'.
11You were argumentative and repeatedly requested police attend immediately. After about 10 minutes of speaking with you, Police Officer Fisk hung up the phone as he was unable to reason with you. He then successfully contacted Mr Macleod who said you had damaged the front door and gained access to the property.
12At about 3.00 am, Mr George returned home from work and spoke with Mr Macleod in the downstairs loungeroom. You and another male walked inside the home and came straight up to Mr Macleod and Mr George. You punched Mr George in the face. (Charge 1 – Aggravated burglary; Charge 3 – Causing Injury Recklessly; Charge 4 – Common Law Assault)
13The other male approached Mr Macleod, yelled out, 'you hit my brother', and punched him. Mr Macleod retreated into the kitchen and called out for Mr Howland, who had returned to bed. Mr Macleod attempted to fight back and ran over to try and help Mr George who was being assaulted by you in the loungeroom. Mr Macleod tried to pull you off Mr George, lost his balance and fell over. Both you and the other male hit and kicked Mr Macleod whilst he was curled up into a ball on the floor. Mr Macleod felt a kick to the back of his ribs, causing excruciating pain. (Charge 5 - Common Law Assault)
14Mr Howland walked into the kitchen where he observed the other male standing over Mr Macleod, punching and kicking him to the upper torso and head while he was on the ground. Mr Howland yelled for you to calm down and 'fuck off', eventually you left the address.
15Mr George remembers having blood over his eyes, being punched, and going upstairs to his bedroom. He could hear Mr Macleod crying out in pain. Mr George came back downstairs and saw Mr Howland attending to Mr Macleod who was lying on his back on the kitchen floor. At 3:28 am, Mr George called Triple 0.
16At about 3.44 am, police attended at the address and spoke to Mr George. They seized his clothing and took several photos of the scene. Mr George was taken to the Footscray Hospital by ambulance, and had numerous lacerations to his face, wonky vision and pain to his facial area. Mr Macleod struggled to breathe, so Mr Howland drove him to the Footscray Hospital for treatment.
17Further photographs of the scene were taken later in the morning. Police took three photographs of injuries to Mr George's face at the Footscray Hospital. Medical documents for Mr George's admission to the Footscray Hospital dated 3 February 2023 revealed a fractured eye socket.
18On 31 January 2023, you attended the Footscray police station by appointment, you were arrested and interviewed. On 9 March 2023 Mr George provided police with a receipt for the cost of repairs to the front door.
Other relevant matters
19In relation to the earlier incident on 24 December 2022 your counsel, Mr Anderson informed the court, which was confirmed by tendered medical material, that you attended Footscray Hospital on that day and were discharged home on Christmas morning having had a CT scan that raised the suspicion of a subdural haematoma. You endured episodes of excruciating pain to your wrist, and it was swollen. You again attended hospital on 27 December 2022 and were discharged home with Endone and your wrist was set in a plaster cast.
20You reported the assault to police as I have said, on 28 December 2022 and attended hospital again on that date. You had expected the police to respond promptly given your concerns for your safety and the fact that you lived within 70 metres of your assailants. You again attended hospital on 3 January 2023 and your wrist was confirmed to be fractured and you consented to a surgical procedure which I understand was ultimately not required. Medical notes from 24 February 2023 document that the plaster cast was removed on this day. From this, I infer that at the time of the offending your arm was in plaster.
21Mr Anderson further informed the court that you were profoundly affected by the assault on 24 December and became increasingly alarmed, anxious, fearful and agoraphobic. You ingested alcohol and benzodiazepine medication in an attempt to calm the effects of trauma. I note that a similar history was noted by Dr Caitlin Robertson, Senior Psychologist with Forensicare who provided a court report in this matter. I will return to other aspects of this report in more detail shortly.
22Police interviewed Mr MacLeod about the December assault on 30 January 2023 and Mr George was interviewed on 11 August 2023. They were each charged with recklessly cause injury, threat to kill, and unlawful assault where you were the nominated victim.
23
The matter was booked in for a Magistrates' Court contested hearing on 9 May 2024. You attended to give evidence, but the matter resolved on the day.
Mr Macleod pleaded guilty to an unlawful assault. The summary prepared by the police indicates that when interviewed he admitted that he had struck you with a metal torch to the side of the head. Although he claimed self-defence in his record of interview, his plea of guilty puts paid to that claim. Charges were withdrawn against Mr George. There was no account provided as to the fracture of your wrist.
Victim impact statements
24Victim impact statements were tendered from both Mr George and Mr MacLeod. As requested by the victims, the prosecutor, Mr Triandos read both statements to the court. I accept that each of the victim impact statements contain unsubstantiated medical and mental health opinions which I have put to one side. I do however take into account the grave and profound effect of your offending upon Mr George and Mr MacLeod.
25Mr George articulated the significant and life changing impact of your offending. The injury to his eye has caused considerable pain and required extensive treatment. Mr George detailed he has subsequently experienced depression and anxiety and has been nervous, isolated and socially withdrawn after being assaulted by you. Mr George has been unable to work and has used savings and proceeds of the sale of property to survive. He has relocated to another state. He feels that he has no prospect of secure employment and is moving into the retirement phase of his life with mental and financial disadvantages.
26Your offending occurred in the sanctity of Mr George's home and as a result he has lost the sense of safety and security he once enjoyed. The protracted court proceedings have made it difficult for him to move on and put this traumatic experience behind him.
27Mr MacLeod described fear for his safety after the incident, which resulted in him relocating to Queensland. Mr MacLeod has struggled to gain employment and experienced uncertainty with housing arrangements. He has had difficulty sleeping and has been socially isolated. This incident has caused him to be irritable which has put a strain on his relationship with his parents.
28As indicated, I have taken the impact of your offending into account in sentencing you.
Nature and gravity of the offending
29Further, I must make an assessment of the objective gravity of your offending. In making such an assessment, the applicable maximum penalties are an important yardstick. Aggravated burglary is an inherently serious offence as is clear from the maximum penalty of 25 years' imprisonment. The maximum penalty for criminal damage is 10 years' imprisonment, for recklessly causing injury it is five years' imprisonment and for common law assault it is five years' imprisonment.
30Your counsel submitted that the objective seriousness of the aggravated burglary and other offending is affected by multiple factors which include the absence of any weapons; the fact that the victims were not particularly vulnerable; the fact you had a fractured wrist in a plaster cast at the time; that there was no evidence of planning and no disguise used; and despite the time of night, it was not a situation where the victims were asleep or thought to be. As such Mr Anderson submitted your offending is a less serious example of aggravated burglary than many seen by the courts.
31Mr Triandos submitted your offending was serious as it occurred in company. Further, he submitted it was clear you intended to assault the victims upon entry to the premises. He submitted that your offending was objectively serious and warranted condign punishment in the form of imprisonment with a head sentence and a non-parole period.
32In my view, your offending is clearly serious. You entered as a trespasser into the home of your victims, a place they were entitled to feel safe and secure, you were in company and it was your intention to assault. However, I consider the factors raised by your counsel do reduce the objective gravity of your offending. You were yourself injured, as a result of being the victim of an assault, you had no weapons, you had called the police requesting assistance, the victims were not vulnerable, they were men who worked late and were awake at the time you attended, and your offending could only be described as ill planned. I will return to issues as to your psychological state at the time of your offending in due course.
Personal Circumstances
33As to your personal circumstances, you were born in October 1987, making you 37 years of age. You grew up in Melbourne's inner north. You have a younger brother and a younger sister.
34Your parents separated when you were around eight years of age. Your mother has worked as a teacher of English as a second language and psychology in a school and presently at RMIT. Your father works at a company that manufactures projectors and film. You remain close to your family.
35You completed school at University High School. Since school you have had a diverse range of employment. Much of this has been working in pubs, bars and nightclubs. You have managed and otherwise worked in bars for a number of years at various venues particularly in North Melbourne. You have worked in bars in Sydney and Dublin. You have also worked as a courier and a handyman.
36You have a passion for the creative arts. You completed a year of acting school. You have completed an advanced diploma in Professional Writing and in Screen Writing. You have written for magazines as a music journalist, worked in radio, made podcasts and currently perform standup comedy. You wrote a screen play for Comedy Central which came close to being picked up for production.
37In 2022 you enrolled to study law at RMIT. You did this after enjoying a period of six months where you worked as an intern paralegal for your uncle. You enjoyed studying law but dropped out in 2023. Your counsel submitted that you made this decision having received advice that these proceedings will likely preclude you from the ability to practice law. You made the decision to discontinue your studies given the high cost of attaining a law degree and the considerable uncertainty as to your ability to satisfy the fit and proper person test.
38You have enjoyed a number of longer-term relationships throughout your life, the longest of which lasted seven years. This relationship dissolved as you each wanted different things for the future. At the time of your offending you were in a relationship that was not particularly healthy and with hindsight you considered it was a bad decision. This relationship has now ended. During 2023 you have had another intimate relationship that ended in difficult circumstances with the imposition of a Family Violence Intervention Order. I note that this relationship was current at a time when you attempted to take your own life and were struggling with significant issues of PTSD and addiction. Notwithstanding your denial of intimate partner violence, you are undertaking a Men's behaviour Change Program which you have found to be extremely beneficial for a number of reasons.
39I understand that you are currently in a positive intimate relationship that began in 2024 and you hope to progress this relationship once these legal matters are finalised.
40Historically you have had no real problems with the abuse of alcohol and no issues with illicit substances other than some limited experimentation in early adulthood. More recently however, you developed difficulties with the abuse of prescribed lorazepam. Since April 2023, you have engaged with the Royal Melbourne Hospital Addiction Medicine Service for support to address your addiction to benzodiazepines. Your counsel, Mr Anderson advised the court yesterday that you have continued to reduce your medication and since December you have been on a relatively low dose. It is clear to me that you are serious in your desire to conquer your addiction, and you remain committed to rehabilitation.
41A number of impressive and eloquent testimonials were tendered on your behalf. These character references from family and friends confirm that you are part of a stable and loving family and that despite the separation of your parents your family has remained on good terms and relatively intact. Further, you are described as intelligent, caring, compassionate and kind. The author of each testimonial considers your aggressive behaviour on this occasion to be completely out of character and an aberration of an otherwise decent person with the capacity to positively contribute to the community.
42I have taken the contents of these documents into account in your favour.
Mental Health and psychological report
43You have had a long history of mental health problems, being first diagnosed with anxiety at age 17. This condition has remained problematic for you at various points in your life.
44At your plea, I requested a Forensicare psychological report. You were assessed by Dr Caitlin Robertson, senior psychologist, on 19 December 2024 and she provided a report dated 21 January 2025.
45Dr Robertson provided a background of your mental health detailing that in 2022, Dr Stella Kwong psychiatrist diagnosed you with ADHD and prescribed Vyvanse, which you continue to take. This assisted you with your task completion and overloaded thinking.
46You reported a sharp decline in your mental functioning after the assault in December 2022. You described experiencing marked anxiety and fear and did not have the tools to cope. You became overwhelmed and saw the world as a very dangerous place. You were hypervigilant of your surrounds and became reluctant to leave home. You experienced sleep disturbance and nightmares and had feelings of fear and rage. In July 2023 Dr Voon diagnosed you as suffering PTSD. You were also admitted to Royal Melbourne Hospital on 24 August 2023 after a suicide attempt. Since that time, you have undergone treatment with Dr Voon involving EMDR therapy which you have found extremely helpful.
47Your use of lorazepam, which you were prescribed to deal with anxiety and PTSD symptoms, developed into a benzodiazepine addiction. Importantly, as I have previously mentioned you are engaged with the substance abuse clinic at Royal Melbourne Hospital and have recently reduced your prescription in an effort to wean yourself from this medication.
48Dr Robertson opined that at the time of your offending you would likely have met the formal criteria for PTSD, despite no formal diagnosis at that time. Dr Robertson opined that
It is my opinion that, at the time of offending, Mr Alexander’s capacity to problem solve and navigate complex social situations was likely impaired as a result of PTSD, on the background of a more generally anxious disposition and executive functioning difficulties attributable to ADHD. PTSD commonly involves the experience of distress/fear, intrusive memories of the traumatic event and physiological arousal. Such issues appear likely to have exacerbated pre-existing difficulties with cognitive hyperactivity and emotional dysregulation (due to ADHD) and destabilised Mr Alexander’s capacity to cope. In combination with this growing frustration about the perceived failure of police to address the harm that he had experienced, such difficulties likely resulted in heightened anger, poor consideration of alternative solutions and an increased willingness to disregard the rights of his victims to regulate his distress. While there is little to suggest that his offending was particularly planned, Mr Alexander’s use of violence appears to have been an (albeit maladaptive) attempt to protect himself and hold the victims accountable for their prior behaviour. Given the absence of any notable history of aggression or prior criminal behaviour of any type, it is difficult to fully explain why Mr Alexander turned to violence in his attempt to resolve these issues; however, it appears highly unlikely that his offending would have occurred if not for the impact of PTSD on his functioning.
49And further
As stated above Mr Alexander’s benzodiazepine use appears likely to have compounded the difficulties he experienced with anxiety and dysregulation. It appears likely that Mr Alexander’s substance use (both benzodiazepine and alcohol) may also have further compromised his problem solving difficulties at the time of offending, by impacting his capacity to exercise good judgement and inhibit behavioural urges. In this way Mr Alexander’s substance use disorder appears relevant in contributing to his offending behaviour.
50
I accept the unchallenged opinions of Dr Robertson. Further, I accept on balance, that these opinions enliven limbs 1, 3, and 4 of Verdins,[1] as submitted by
Mr Anderson. I note the prosecutor Mr Triandos submitted that these limbs have limited application and that this is not a classic case of the application of Verdins.
[1] R v Verdins [2007] VSCA 102.
51In my view, Verdins has clear application in your case. I find there is evidence from Dr Robertson of a clear nexus between your very poor mental health and your offending. Accordingly, your moral culpability ought be reduced, this in turn reduces the punishment that is just in all the circumstances and means denunciation is less relevant as a sentencing objective. Further, I find that the application of the sentencing principles of both general and specific deterrence should be somewhat moderated.
52Although, Dr Robertson is of the opinion that you no longer meet the full criteria for PTSD you are still suffering residual and ongoing symptoms of traumatic stress. In 2023 and 2024, you had several sessions with clinical psychologist Dr David Voon to work on your anxiety. You have recently recommenced these appointments. In my view this treatment, your medication for ADHD, the Men's Behaviour Change Program and treatment at the Royal Melbourne Addiction Medicine Service should continue uninterrupted. Your commitment to these treatments together with your previous good character and supportive family lead me to conclude that you have been able to demonstrate an ability to reform. Additionally, I have noted the pre-sentence report from Corrections has assessed you as a low risk of reoffending. In all of these circumstances I consider your prospects for rehabilitation to be very good.
Plea of guilty
53You entered a plea of guilty after the matter was listed for a case conference before Her Honour Judge Riddell. I accept that this plea, while not at the earliest opportunity, came about after resolution discussions and has significant utilitarian value. Your plea has saved the Court the cost and time of running a trial, and ensured the victims did not have to give evidence.
54Further, I accept your plea is indicative of your remorse for your actions and the impact on your victims. This remorse is also evidenced in the character references tendered to the Court on your behalf. The letters spoke of your regret at the injuries you caused, and highlighted the steps you have taken to address your behaviour.
55I accept your remorse is genuine.
Delay
56It has been just over two years since the offending and therefore these matters have been hanging over your head for some time.
57I consider delay to be a mitigatory factor in your case. This matter has been hanging over your head, as I have said, whilst you have been on bail waiting for resolution. I appreciate this would have made life difficult to plan and you have lived with a sense of not knowing what your future holds, particularly given the prospect that a term of imprisonment may be imposed for this type of offending. Additionally, during this period of delay you have demonstrated that you have the ability to foster rehabilitation.
Sentencing principles
58I consider the relevant sentencing principles that must be applied in your case are general and specific deterrence. Each of these principles is moderated in line with my findings in relation to the application of Verdins, given your lack of prior convictions and the impact of this offending upon your law studies I consider that specific deterrence should otherwise be given limited weight in the sentencing mix. Whilst denunciation and just punishment are also applicable, I consider they also have a somewhat reduced application, again as a result of my findings pursuant to the application of Verdins. I am of the view that community protection in your case can best be achieved by not interrupting the extensive progress you have made towards rehabilitation.
59The principles of proportionality, parsimony and totality are also very important considerations. They require me to make sure the total sentence is appropriate to the total criminality, that the punishment imposed fits the crimes committed and that I do no more than is necessary to punish you for your offending.
60I have taken into account the sentencing guidelines referred to in s5 of the
Sentencing Act where relevant to your case. I have also taken into account, as far as possible, the current sentencing practices for the offences, particularly the charge of aggravated burglary, to which you have pleaded guilty. Your counsel referred to a number of Court of Appeal cases, Jiang, Bradshaw, Potter, and Curtis.[2] What is apparent from these cases is that there are instances where a sentence other than imprisonment is imposed for cases involving aggravated burglary. In any event whilst these cases are instructive in terms of the principles enunciated, each case turns on its own facts and the duty of the Court is to impose a sentence that, in all the circumstances is just and appropriate.[2] Jiang v The Queen [2019] VSCA 126; Bradshaw v The Queen [2017] VSCA 273; Potter v The King [2023] VSCA 104; Curtis v DPP [2022] VSCA 5.
61Your counsel, Mr Anderson also referred to the case of Boulton and submitted that a community correction order may be suitable even in cases of relatively serious offences which might previously have attracted a medium term of imprisonment.[3] I have given consideration to Appendix 1 in the case of Boulton and in particular the general principles set out;[4]
Firstly, a CCO is a new and flexible sentencing option [well it was at the time] which can be for a term of up to the maximum term of imprisonment prescribed for the offence in question. It serves a different purpose from community-based orders or suspended sentences, which have now been abolished.
In some cases, it will be appropriate to impose a CCO, with or without an added sentence of imprisonment, for relatively serious offences, which would previously have attracted quite substantial terms of imprisonment. In determining whether to sentence an offender to a CCO, the court should first assess the objective nature and gravity of the offence, and the moral culpability of the offender.
The court should then consider whether, the crime as so assessed, is so serious that nothing short of a sentence, wholly comprised of immediate term of imprisonment will suffice to satisfy the requirements of just punishment. Or, a CCO, either alone or in conjunction with a sentence of imprisonment, would satisfy the requirements of just punishment.
[3] Boulton v The Queen [2014] VSCA 342.
[4] Ibid.
Disposition
62After, careful consideration of what is the right penalty for you in this case, and balancing as best I can, the nature and gravity of the circumstances of your offending, your moral culpability, your previous good character, the grave and profound impact of your offending on your victims and all the factors that you have in your favour, I have come to the conclusion that a community correction order is the appropriate penalty in your case.
63I have had you assessed for such an order, and you have been assessed as suitable. So, Mr Alexander, I would now ask that you stand.
64In relation to the charges of aggravated burglary, criminal damage, recklessly cause injury and common law assault, you are convicted, and you are placed on a community correction order for a period of two years and four months. The conditions of this community correction order include
(a) 250 hours of unpaid community work over the 28 month period
(b) Assessment and treatment for alcohol and drug use
(c) Assessment and treatment for mental health
65Now with regard to the 250 hours of unpaid community work, I am prepared to offset 100 hours of community work against the treatment. So what this means is if you do 100 hours of treatment that will come off the 250 hours. I do not know that I need to motivate you from what I have seen, but it is a motivator towards the treatment and I consider your treatment to be very important. The community work is imposed to punish you. And I expect that every time you are driving off to do community work or driving down to Corrections, that you are going to think about what you did to Mr George and what you did to Mr MacLeod.
66In addition to the conditions that I have imposed, there are standard conditions you must comply with. First and foremost, you must not commit an offence punishable by imprisonment over the next 28 months. If you do, you will breach the order. You must comply with the conditions I have imposed and the standard conditions of a CCO. If you do not comply you will breach the order. If you breach the order, you will be brought back before me, and I will likely have to resentence you. That could involve sending you to gaol.
67You need to report within two working days to your nearest Corrections office and that will be the Melbourne Justice Service Centre and you must report there by Tuesday 4 March 2025. Now we have been advised that there are works at Melbourne Justice Service Centre so that initial report will need to be done by phone and the phone number as I understand it will be on the order that is generated by the court, or otherwise we will be able to provide it.
68You are required to advise your supervising Corrections Office of any change of address where you are living or working within two clear working days. And it is a term of all community correction orders that you must submit to visits as directed and obey the instructions and directions of the Community Corrections and you cannot leave the State of Victoria without prior permission.
69I can only place you on a community correction order if you agree – so firstly, do you understand what is involved?
70OFFENDER: I do, yes.
71HER HONOUR: Yes, and do you agree to doing the order?
72OFFENDER: I do indeed.
73HER HONOUR: Pursuant to s 6AAA of the Sentencing Act if you had pleaded not guilty and been found guilty the sentence I would have imposed is a term of nine months' imprisonment and a community corrections order in similar terms to that I have imposed today.[5]
[5] Sentencing Act 1991 (Vic) s 6AAA.
74Now I think we have got an order drafted which I'll have printed. I'll just get counsel to check that and we'll get it signed. Mr Alexander, you can have a seat while we do that.
75OFFENDER: Thank you, Your Honour.
76MR ANDERSON: Does Your Honour want me to get the signature?
77HER HONOUR: Thanks Mr Anderson, yes.
78MR ANDERSON: Yes.
79HER HONOUR: We will provide a copy to the parties. Mr George and Mr Macleod, I am thinking Mr Macleod is online, but can I just to you pass on my hope that now that you can put this behind you and move on. I have taken into account the impact that this has had on you and I sincerely hope that you can move forward and that life gets better. Thanks counsel.
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