Director of Public Prosecutions v Am

[2022] VCC 2145

IN THE COUNTY COURT OF VICTORIA

AT MELBOURNE

CRIMINAL JURISDICTION

Revised

Not Restricted

Suitable for Publication

CR 22-01962

DIRECTOR OF PUBLIC PROSECUTIONS

v

AM

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JUDGE:	HIS HONOUR JUDGE PILLAY
WHERE HELD:	Melbourne
DATE OF HEARING:	6 December 2022
DATE OF SENTENCE:	6 December 2022
CASE MAY BE CITED AS:	DPP v AM
MEDIUM NEUTRAL CITATION:	[2022] VCC 2145

REASONS FOR SENTENCE

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Subject:  CRIMINAL LAW

Catchwords:             Sentence – breach of supervision order – breach of bail – entry into RSL containing children’s playgrounds – specific deterrence considerations – general deterrence considerations – consideration of prosocial behaviours

Legislation Cited:     Serious Offenders Act 2018 (Vic); Bail Act 1977 (Vic); Sex Offender Registration Act 2004 (Vic); Sentencing Act 1991 (Vic)

Sentence:                 48 days’ imprisonment

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms R Fleming	Office of Public Prosecutions
For the Accused	Ms O Thompson	Victorian Legal Aid

HIS HONOUR:

1AM, you have pleaded guilty to two charges, the first, contravene a supervision order contrary to s169(1) of the Serious Offenders Act 2018. This is a rolled-up charge of seven different incidents where you attended RSL Clubs for darts tournaments. Each club had a child’s playground within it. Your attendance brought you within the distance limit imposed by the supervision order on your proximity to playgrounds.

2Charge 2 is a breach of bail which occurred contrary to s30B of the Bail Act 1977. This breach occurred when you were alleged to have breached a number of Sex Offender Registration Act 2004 obligations by registering various online accounts.

3You have accepted your criminal history and it is accepted you have pleaded guilty at the earliest opportunity.  I will not labour these remarks.  I have previously dealt with you in respect of the supervision order itself.

4You have a long history of child sexual offending; specific deterrence remains a key sentencing factor for you and I am also mindful of the importance that courts have placed on the general deterrence aspect required in sentencing for breaches of supervision orders, given that protection the community derives from the supervision order regime cannot be understated.

5It was confirmed during the plea that at the time of the seven incidents you were not on bail for the alleged breaches in respect of going too close to playgrounds, rather you were on bail for alleged Sex Offender Registration Act breaches, being the registration of various online accounts.

6This makes your response to questioning about why you were within the distance limit of playgrounds more understandable.  In answer to various questions about these alleged incidents, you responded that you were simply unaware of your proximity to these playgrounds.

7Against the offending however, are the several prosocial behaviours that you appear to have displayed since the time that you have gone onto the supervision order.  That is, your work, and I was told that you have been engaged and were engaged at the time of the offending as a night-time truck driver.  This work allowed you a steady income and which allowed you to pay your own expenses, such as the care and upkeep of pets, and also your rent.

8The other significant prosocial factor is your involvement with social clubs, being here the darts club that you were a member of, and with which you participated in various competitions at the RSLs previously named.

9You were also – and I consider this to be another significant prosocial factor – volunteering with an organisation titled Wildlife Warriors, which is work that you did and appear to have enjoyed. 

10I also consider it significant that as part of your rehabilitation you have remained engaged with Forensicare, this is an important protective factor.

11You have also continued to take anti-libidinal medication despite its side effects, and this is once again an indication that you are proactively seeking to manage your risk factors.

12An example of your proactive management was given to me by your barrister.  She described a situation where having been ordered to make a particular delivery to a school, you were confronted with the possibility that you would breach your order.  Rather than continue on and breach the order, you sought active advice from your case worker.  Such action demonstrates again a step along the path to rehabilitation, which I note is in the community's long-term interest of having a person who has rehabilitated as best they can from their prior offending.

13Synthesising all these matters however, I do consider that a term of imprisonment is warranted.  I note that at present you have served 48 days.  I will sentence you to a term of no more than the 48 days that you have previously served, and I make it clear that you ought be released tomorrow.

14But for your early plea of guilty and your cooperation with authorities, I would have sentenced you for the purposes of s6AAA of the Act, to a term of 70 days’ imprisonment.

15Turning then to the application to impose a non-publication order pursuant to s279 of the Act.  Having reviewed that Act and the previous suppression order in place in this matter, I do not consider it necessary to make a further order in this proceeding.

16Madam Prosecutor, are there any other matters?

17MS FLEMING:  Your Honour, the only other matter is I just seek an order that a transcript be prepared for today's proceedings.

18HIS HONOUR:  Yes, certainly.  I will indicate to you that currently that delay is running at around 25 to 30 days, so you will probably get it late January.

19MS FLEMING:  Certainly, Your Honour.

20HIS HONOUR:  Any matters from defence?

21MS THOMPSON:  No, Your Honour.

22HIS HONOUR:  Thank you.  There are no further matters then, I will order the transcript be provided to my chambers and in due course you will get transcript.

23MS FLEMING:  As Your Honour pleases.

24HIS HONOUR:  But otherwise, Mr Tipstaff adjourn the court until tomorrow morning at 9.15 please.

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