Director of Public Prosecutions v Blake

[2016] VCC 1293

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR 16-00598

DIRECTOR OF PUBLIC PROSECUTIONS

v

MATTHEW ZYNDEL BLAKE

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JUDGE:	HIS HONOUR JUDGE MAIDMENT
WHERE HELD:	Melbourne
DATE OF HEARING:
DATE OF SENTENCE:	31 August 2016
CASE MAY BE CITED AS:	DPP v Blake
MEDIUM NEUTRAL CITATION:	[2016] VCC 1293

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

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APPEARANCES:	Counsel	Solicitors
For the Office of Public Prosecutions	Ms C. Duckett
For the Offender	Ms G. Connelly

HIS HONOUR:

1Matthew Zyndel Blake, you can stay seated for the time being.  You pleaded guilty to an indictment charging you with blackmail, the offence having occurred on 24 August 2015. 

2You have also admitted a number of prior court appearances and convictions. Indeed, all those set out in the criminal history, other than that recorded on 26 November of 2001, which is in dispute, and the prosecution have not sought to prove. 

3I note that there is a considerable gap in your criminal history from 2008 through to January 2015. 

4The prosecution tendered and relied upon a summary of prosecution opening which is Exhibit A.  Its relevant parts have just been read.  I incorporate that in its entirety into these reasons for sentence.  I am not going to repeat it, suffice to say, that the crime of blackmail is a serious offence and ordinarily requires an immediate custodial sentence.

5For all the reasons that were the subject of discussions this morning and are contained in the written submissions provided by your counsel I am not going to impose a term of imprisonment upon you. 

6Your counsel provided me with an outline of submissions, which is Exhibit 1, and the report of Mr Jackson dated 4 April 2016, which is Exhibit 2, and reports from your general practitioner dated 14 April and 27 July of this year.  All of that material supports the proposition that you have suffered from a mental impairment, schizophrenia, for a number of years.  That you have been receiving medication.  It seems that, at the time of the offending, you had stopped your medication, according to you, on the instruction of the voice that you were hearing at that time. 

7There is no doubt, in my opinion, having read the report of Mr Jackson and read the letters from your general practitioner, that the principles arising from the well-known case, generally referred to as Verdins, in the State apply so as to reduce your moral culpability for this offending to a significant degree and to reduce the need for the court to impose a sentence reflecting general deterrence as well as reducing the imperative of imposing a sentence to deter you.

8For all those reasons I have concluded that the appropriate course is to impose a non-custodial sentence. 

9You are 40 years of age now and you have still got a good deal of your life ahead of you.  You are going to need support and I hope that the order I am about to make will help you, at least, in the relatively short term. 

10You seem to be living a fairly isolated existence and I think that the order will help you through the next year, hopefully, and perhaps help you re-establish yourself. 

11The order that I have in mind will require you to attend appointments.  You will have to find your way to Shepparton.  That would be the closest community correction office for you. 

12You will have to attend for supervision.  You will have to attend the appointments that are set for you to go to the doctor, to the psychologist or psychiatrist and it will be troublesome at times, but you must comply with the terms of the order otherwise you risk being brought back for breaching the terms of the order.  If that occurs, then the court has the power to impose a sentence of up to three months for breaching the order, and also has the power to re-sentence you for this offence, and that might mean a term of imprisonment, at the end of the day

13It is not a particularly soft option because you are going to have to do as you are told and keep your appointments, and if you do not have a reasonable excuse, then you will be brought up in breach of the order 

14Are you willing to comply with the terms of an order of that nature?

15ACCUSED:  Yes, Your Honour.

16HIS HONOUR:  Yes, very well.  Well, you have pleaded guilty to the offence and in all the circumstances I am willing to deal with the matter in the way that I have indicated.  Would you please stand?

17Matthew Zyndel Blake, for the offence of blackmail, to which you pleaded guilty, I convict you and sentence you to a community correction order for a period of 12 months, which in addition to the core conditions, will require you to be under the supervision of the Department of Corrections during that period. 

18To be assessed for and participate in such treatment and rehabilitation programs as are directed. To deal with alcohol abuse, mental health issues and programs to reduce your risk of re-offending.  Very well. 

19Are there any other orders I need to make, Ms Duckett?

20MS DUCKETT:  The only other order is a forensic sample order because the charge of blackmail, of course, carries with it.

21HIS HONOUR:  Yes, all right.

22MS DUCKETT:  I understand the order is not opposed.

23HIS HONOUR:  Yes, look, I am reluctant to make that order, in all the circumstances, I think.

24MS DUCKETT:  As the court pleases.

25HIS HONOUR:  For the reason that I am not convinced that it is necessarily in the interests of justice having regard to the mental condition of the offender. 

26MS DUCKETT:  If the court pleases.  I think Your Honour must impose a 6AAA ‑ ‑ ‑

27HIS HONOUR:  I do not think so because I have not imposed a term of imprisonment.

28MS DUCKETT:  You are right, I beg your pardon. 

29HIS HONOUR:  I like to try and get it right but do not always succeed.  All right, yes, take a seat for the moment.  Yes, Ms Connelly, would you accompany my associate to your client and make sure that he understands exactly what he has been asked to sign. 

30(Orders signed and acknowledged.)

31MS CONNELLY:  Sorry, Your Honour, if I might check one thing with you.  In discussion prior to Your Honour making the requested - the assessment, Your Honour, I thought indicated, that you were not considering a condition for assessment and treatment for drug abuse or dependency. 

32HIS HONOUR:  Did I say drug abuse?

33MS CONNELLY:  There is one here and I just wondered whether it was in fact Your Honour's intention.

34HIS HONOUR:  No, it should just be alcohol, yes.

35MS CONNELLY:  Should I just cross it out, Your Honour?

36HIS HONOUR:  No, it is all right, it will be re-done.

37MS CONNELLY:  May it please, Your Honour.  May I approach again, Your Honour?

38HIS HONOUR:  Yes, please.

39(Orders signed and acknowledged.)

40All right, well, that order is now in place.  Your client can leave the dock. 

41MS CONNELLY:  If it please, Your Honour. 

42HIS HONOUR:  Be sure that he understands that he has to report within two clear working days.

43MS CONNELLY:  Yes, I think he has an arrangement to do that, Your Honour.

44HIS HONOUR:  Yes, he does, yes.

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