Director of Public Prosecutions v Brendan Bradshaw and Genna Schvarts
[2019] VCC 2081
•17 December 2019
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
Case No. CR-18-02508 and CR-18-02506
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| BRENDAN BRADSHAW and GENNA SCHVARTS |
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JUDGE: | HER HONOUR JUDGE LEWITAN | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 26 November and 12 December 2019 | |
DATE OF SENTENCE: | 17 December 2019 | |
CASE MAY BE CITED AS: | DPP v Brendan Bradshaw and Genna Schvarts | |
MEDIUM NEUTRAL CITATION: | [2019] VCC 2081 | |
REASONS FOR SENTENCE
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Subject: Extortion with threat to inflict injury; intentionally cause injury
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Ms S Thomas | John Cain Solicitor for Public Prosecutions |
| For Brendan Bradshaw For Genna Schvarts | Mr C Morgan Mr P Dunn QC | Stary, Norton, Halphen |
HER HONOUR:
Indictment C1811889.1
1 Brendan Bradshaw, you have pleaded guilty before me to one charge of extortion with threat to inflict injury and one charge of intentionally cause injury. Genna Schvarts, you have pleaded guilty before me to one charge of intentionally cause injury. The maximum penalty for the offence of extortion with threat to inflict injury is 15 years' imprisonment. The maximum penalty for the offence of intentionally cause injury is 10 years' imprisonment.
2 In addition you, Genna Schvarts, consented to this court dealing with the summary offence of committing an indictable offence whilst on bail. The maximum penalty for this offence is three months' imprisonment.
The first indictment
Background to the first indictment – Exotica Gentlemans club
3 The complainant in this matter, Robert Srbinoski (Srbinoski), was a part owner of the ‘Exotica Gentleman's Club’ (Exotica) located at 193-195 King Street, Melbourne. Srbinoski’s business partners were John Kypreos (Kypreos) and Genna Schvarts (Schvarts). A fourth male known as ‘Michael’ was a silent partner of the business.
4 Prior to owning Exotica Gentleman's Club, Srbinoski owned Opium Lounge. The Opium Lounge was also a gentleman’s lounge situated in the building next door to Exotica. Srbinoski owned the Opium Lounge as a sole owner or director. In September 2017 Srbinoski closed the Opium Lounge due to the builder/owner subdividing and selling the building.
5 During August 2017 Srbinoski was introduced to Schvarts through a mutual friend. Srbinoski advised Schvarts of the pending closure of the Opium Lounge and the prospect of opening Exotica next door. Srbinoski told Schvarts he was considering taking on a business partner. Schvarts showed some interest and Srbinoski agreed that Schvarts would become a silent business partner.
6 After a few business meetings, Schvarts introduced Kypreos to Srbinoski. Kypreos worked at ‘First Financial’, a financial planning business. Kypreos also became a partner in the business.
7 Exotica Gentleman’s club opened on 8 December 2017. According to ASIC documents, Srbinoski owns a 60 per cent share and Kypreos a 40 per cent share of the business. Srbinoski states an unwritten agreement existed with the other two part owners. The ownership was as follows: Srbinoski 50%, Schvarts 23.33%, Kypreos 13.33% and ‘Michael’ 13.33%.
Summary of Offences
8 By early 2018 relationships were becoming problematic. In May 2018 the four owners of Exotica agreed to sell the business. The business was estimated to be valued at $700,000. On Wednesday 9 May 2018, Srbinoski met Kypreos at the Railway Hotel, situated at 107 Raglan Street, Port Melbourne to discuss the business sale. Srbinoski and Kypreos agreed to begin looking for potential buyers. Following the meeting, Kypreos telephoned Schvarts and Michael and they also agreed to sell the business.
9
Bradshaw and Peter Vaiusu (Vaiusu) lived in New South Wales. At about
6.00 pm on 14 May 2018 Kypreos and Schvarts met Bradshaw and Vaiusu at the Clarendon Hotel in Melbourne. The meeting was kept secret from Srbinoski.
10 On Friday 18 May 2018 Srbinoski received a text message from Kypreos. Kypreos told Srbinoski that he had found potential buyers for the lounge and requested they meet at Exotica at 2.00 pm.
11 The following day, Saturday 19 May 2018, Kypreos and Srbinoski had a text conversation whereby they agreed to meet Kypreos’ proposed buyers the following day. The two ‘proposed’ buyers for the business were Bradshaw and Vaiusu.
12 At 10.00 pm on 18 May 2018 Vaiusu and Bradshaw flew from Sydney to Melbourne. Srbinoski had never met Bradshaw or Vaiusu and had never heard of them before. At 11.30 pm Schvarts collected Bradshaw and Vaiusu from the Melbourne airport in a white Porsche Macan. Schvarts drove the men to the Sheraton Hotel at 27 Little Collins Street, Melbourne.
13 At 12.40 am on Saturday 19 May 2018 Kypreos sent a text message to Srbinoski arranging to bring the proposed buyers to meet Srbinoski at the club the next day. On 19 May at 1.00 am Schvarts drove Bradshaw and Vaiusu to Lonsdale Street. At 1.09 am they entered Exotica and remained for about one hour.
14 At about this point, Bradshaw and Vaiusu had agreed between themselves as to the price they would pay Srbinoski for the business. The price was ‘optimistic’ when compared to the price Srbinoski expected. Bradshaw and Vaiusu then formed an agreement between themselves that if Srbinoski did not agree to their price they would threaten to injure him to persuade him to accept their price. Kypreos and Schvarts were not party to this agreement.
15 On 19 May 2018 at approximately 10.00 am Srbinoski arrived at Exotica. At 12.01 pm Kypreos sent a text to Srbinoski stating that he was on his way. At 12.28 pm Kypreos arrived at the Sheraton Hotel. He met with Schvarts, Bradshaw and Vaiusu. At 12.34 pm Kypreos left the Sheraton Hotel and sent a text message to Srbinoski saying he was on his way. At approximately 12.48 pm Kypreos arrived at the club.
16 At 12.58 pm Schvarts parked the white Porsche Macan outside Exotica. Schvarts, Bradshaw and Vaiusu entered Exotica. Kypreos and Srbinoski met Schvarts, Bradshaw and Vaiusu inside. Srbinoski introduced himself to Bradshaw and Vaiusu. Srbinoski showed Bradshaw and Vaiusu around the venue however they appeared disinterested.
17 Bradshaw told Srbinoski that they wanted to buy his 50 per cent share in the business for $50,000. Srbinoski said to Schvarts 'OK Genna, I realise what is happening now, but I don’t understand why'. Schvarts then stood up and started calling the victim names in Russian. Schvarts called Srbinoski a whore in Russian and said that Srbinoski had been making up rumours about him. Schvarts became increasingly agitated.
18 Vaiusu then said to Srbinoski 'This is how this is going down. You take the fifty and you sign everything over. You sign everything over and we bring the fifty to your house.' Srbinoski stood up and said 'That’s not how this is going to go down'.
19 Bradshaw then struck Srbinoski twice with a closed fist to the right side of his face connecting with his eye. Srbinoski attempted to defend himself. Vaiusu grabbed him from behind and began hitting him on the head. Srbinoski fell back onto the lounge and Bradshaw and Vaiusu continued punching and kneeing him on the face and head. Bradshaw continuously punched Srbinoski in the same spot on his right eye socket.
20
Srbinoski has previously undergone brain surgery. He said '…Genna knows I’ve had extensive brain injuries, so you don’t want to make it a murder'. Schvarts said 'hit him over the head as much as you want.' Vaiusu
re-commenced assaulting Srbinoski striking him in the face and head. Schvarts encouraged them to continue hitting Srbinoski.
21 Throughout this Kypreos remained seated in the lounge area. Vaiusu took hold of Srbinoski’s hair from the back of his head and pulled his head back. While Vaiusu did this, Bradshaw continued to punch Srbinoski to the face, particularly his right eye causing it to bleed, swell and close over.
22 Vaiusu said 'So you don’t come to the club anymore, you sign everything over and that’s the deal. You have no idea who we are, that is why bikies fear us'. Vaiusu demanded Srbinoski’s wallet which he handed over. Vaiusu took Srbinoski’s driver’s licence out of the wallet and threw it to Schvarts and said 'Take a photo of it'. Schvarts walked away holding the licence and returned a few moments later placing the licence down on a table.
23 Vaiusu said 'This is nothing, if you don’t do what we say we are going to come to your house'. Bradshaw and Vaiusu told Srbinoski that they would come to his house with the money and paperwork and that he had to sign over the business. This never occurred. They then punched him a few more times to the face.
24 At 1.29 pm Kypreos left Exotica and stood outside on King Street. Kypreos had a cigarette and returned to the club one minute later.
25 At 1.32 pm Schvarts left the club and went onto King Street. He was carrying the CCTV hard drive monitor.
26 Kypreos walked south on King Street. A few minutes later Schvarts, Bradshaw and Vaiusu left together.
27 Srbinoski rang his friend Grace McGregor. Srbinoski staggered into the bathroom and took four photographs of his injuries. Srbinoski observed that the CCTV hard drive was missing from the cellar and that the money was missing from the till.
28 Srbinoski felt dizzy and sick, so he sat on the lounge until McGregor arrived. At 2.15 pm McGregor arrived at Exotica. McGregor drove Srbinoski to the Werribee Mercy Hospital emergency department. McGregor obtained nine photographs of Srbinoski upon her arrival at Exotica and at the Werribee Mercy Hospital emergency department.
29 A DVD recorded interview was conducted with Schvarts on 25 May 2018. During the interview Schvarts stated that he attended Exotica on 19 May 2018 with two males.
30 On 31 May 2018 Vaiusu was arrested and is in custody in New South Wales on other matters. Vaiusu has not been dealt with in respect of these matters.
31 On 7 June 2018 investigators executed a search warrant at Bradshaw’s address in Alexandria, New South Wales. As a result of the search the police seized clothing worn during the offence and two mobile phones. Bradshaw declined to be interviewed.
32 On 19 May 2018 Srbinoski was admitted to Werribee Mercy Hospital with injuries including:
· swollen eyes and lids; periorbital haematoma; and tenderness to head neck and face;
· A CT scan revealed bilateral orbital fractures and right orbital roof fracture with entrapment of rectus muscle and gas involved in right sinus;
· Fractured nasal bone.
33 Srbinoski was discharged that day with sinus precautions and was referred to ophthalmology and maxiofacial for assessment once the swelling improved.
34 In June 2018 Srbinoski had surgical reconstruction of the right orbital floor requiring three days in hospital. The left orbital floor has been managed conservatively.
35 Srbinoski also suffered bilateral microhyphema (intraocular bleed) and has mild restriction of ocular motility. The injuries to his eyes include residual restricted up gaze causing double vision in extreme up gaze and brief double vision in down gaze. These eye injuries required follow up treatment until 10 July 2018 with annual check-ups needed.
36 Srbinoski suffered acute stress reaction with depression. He suffers from past-traumatic stress disorder and major depression. These injuries require ongoing psychiatric consultation, treatment and medication.
37 The facts in this case are very serious. Your behaviour was brazen and cowardly.
38 There is a victim impact statement in this matter. I accept that the victim suffered considerably in the manner described in that statement as a result of your actions. He lives in constant fear and anxiety. He has lost his business and has suffered financially. He has a broken eye socket and a permanent steel mesh has been surgically inserted to hold it together. His vision has been impaired and he has lost sensation around his right eye. He suffers from severe headaches that impede his ability to focus and concentrate. He feels isolated and consults a psychiatrist on a regular basis and has been prescribed medication.
39 Now a disposal order was filed this morning. Do you have any objection to that, Mr Dunn?
40 MR DUNN: No.
41 MS BLAIR: No, Your Honour.
42
I order that the property referred to in the schedule of the disposal order which I have signed this day be forfeited to the Minister. I further direct that the property referred in the Schedule be placed in the custody of the
Chief Commissioner of Police and be held by him until 28 days from this date or the conclusion of any appeal proceedings and then destroyed.
43 As has been pointed out by your counsel, there are however some mitigating factors. Each of you has pleaded guilty. Each of you is entitled to have that fact taken into account in your favour and I do so. The community has, by your plea, been spared the time and cost of a trial. Witnesses have been spared the ordeal of giving evidence upon your trial. Although the matter did not resolve until the week that the trial was due to commence (the accused were arraigned on pleas of guilty on 25 October 2019), you entered your pleas of guilty on the new charges at the first opportunity. You were both previously charged with extortion with threat to kill and/or with threat to inflict injury and intentionally or recklessly cause serious injury.
44 I have been told something of the personal history and circumstances of each of you.
45 Turning first to you, Bradshaw. You were born on 10 August 1971 and are 48 years old. At the time of the offence you were 46 years old.
46 You had a normal childhood with your family intact. You spent your early years in Ingham, Northern Queensland. You left school at the age of 16. You worked in various casual jobs until you joined the Navy when you were 19 years old and served for 12 years. During that time you developed a relationship and had two daughters. You are no longer with the mother of those children but you maintain a good relationship with your ex-partner.
47 You left the navy when you were 32 years old because you wanted to maintain the relationship with your family. You found it difficult to make ends meet after leaving the navy. None of the jobs you were able to find paid anything like the salary you had been paid in the armed services. That placed a strain on your relationship with your partner because both of you wanted to maintain a lifestyle that your navy salary had allowed you to achieve.
48 In 2014 you were sentenced to imprisonment for seven years for 'supply prohibited drug commercial quantity'. You spent the four years between 2013 and 2017 in custody. You met the co-offender Vaiusu whilst in custody. After you were released from custody, you worked together in a panel beating shop as part of the conditions of parole. The two of you wanted to embark on a life after prison that would enable you to earn money legitimately and give you some security in the future. You came down to Melbourne with the legitimate purpose of buying a business. You intended to pressure Srbinoski to sign over the business.
49 Your counsel submitted that the threat to make Srbinoski sign the business over for less than Srbinoski was willing to accept was never carried out.
50 Your counsel submitted that the way you conducted yourself was criminally wrong but submitted that it was entirely out of character for you.
51 Your counsel drew a distinction between the charge of extortion with threat to inflict injury and the injury charge. Your counsel submitted that there was no intention to inflict the injury that was threatened. The demand to sign over the business was followed by a quick escalation that involved all of those present. There is no suggestion that there was any pre-existing agreement that Srbinoski would be injured.
52 Srbinoski reacted to the demand with shock and anger. He started an altercation with Schvarts and you reacted in a manner which was out of character. Whilst the prosecution alleges in the opening that you punched and kneed Srbinoski to the face and head, you did not think that you kneed Srbinoski. However your counsel conceded that you are not in a position to dispute what the victim said. Your counsel sought to separate the elements that go to extortion and injury. One was not planned to go with the other because there was no significant pre-planning. There was no intent to inflict any injury associated with the extortion. This was separate offending and is at the lower end of that type of offending. In this case the two offences are distinct. Your counsel submitted that there was no intent to inflict injury with extortion; this was a quick and unexpected event for all parties present.
53 You have admitted before me to prior convictions. There are eight such convictions, involving seven court appearances between 1989 and 2018. The nature of the conviction for break and enter and steal is relevant to my task of sentencing you today. However, that offence was committed in 1989 when you were 17 years old.
54 Your counsel submitted that you have not previously been convicted of violent offending and this offending is out of character. Your counsel submitted that you pleaded guilty because you regret your conduct.
55 Your counsel submitted that lack of relevant priors and guilty pleas should be taken into account in relation to your prospects of rehabilitation. Your pleas of guilty indicate remorse for your actions. Your counsel submitted that there was nothing in your psychological makeup that would prevent proper rehabilitation. Whilst in custody you have been well behaved. You have worked in the kitchen cooking for both inmates and staff whilst in prison. You are a peer support worker in prison. These matters portend well for the prospects of rehabilitation when you are released from custody. You have completed a warehousing course while in prison. I am, on balance, satisfied that the chances of your rehabilitation are reasonably good.
56 I sentence you as a principal offender. Vaiusu has not yet been dealt with by a court. In relation to the offence of intentional injury, your culpability is greater than your co-offender Schvarts.
57 However, as well as those matters personal to you to which I have referred, including your prospects of rehabilitation, I must also take into account such matters as deterrence, especially general deterrence, which is of considerable importance in a case such as this. I must also consider the question of the protection of members of the community from you and bear in mind the likelihood of your re-offending. I am called upon by the Sentencing Act to manifest the community's denunciation of your conduct and generally to impose a just punishment.
58 The prosecutor submitted that this is serious offending. Your counsel conceded that in an extortion case, specific and general deterrence loom large. He submitted that specific deterrence should be moderated in this case because of your prospects for rehabilitation. Your counsel submitted that because there was no significant pre-planning, no intent to follow through and no follow through on the threat, that the offence of extortion would be at the lower end of this type of offending.
59 In my view the offence of extortion is not at the lower end of this type of offending. I regard it as a mid-level example of the offence of extortion. The threat was made to a vulnerable victim in an intimidating manner in the presence of other persons. The intention to cause injury is also a serious example of intentionally cause injury. The offence was committed in company and the punches were sustained and directed to Srbinoski’s face and right eye.
60 Your counsel conceded that the imposition of a term of imprisonment is the only option.
61 These are without doubt serious offences. In all the circumstances I have no alternative to the imposition of a custodial sentence. I propose to record convictions on both charges and sentence you to be imprisoned for three years on Charge 1 and two years on Charge 2.
62 I direct that 12 months of the sentence imposed on Charge 2 be served cumulatively upon the sentence on Charge 1. That results in an effective sentence of four years. I direct that you serve a minimum term of 32 months before becoming eligible for parole.
63 As prescribed by s.18(4) of the Sentencing Act, I declare that the period of time you have already spent in custody is - how many days?
64 MR D'ARCY: Five-five-eight to yesterday.
65 HER HONOUR: So 558 today or 558 - 559?
66 MR D'ARCY: You usually do it 558 I think, Your Honour.
67 HER HONOUR: Five-five-eight.
68 MR D'ARCY: Yes.
69 HER HONOUR: That's agreed?
70 MS BLAIR: Yes, Your Honour, that's agreed.
71 HER HONOUR: Is 558 days. I direct that such be noted in the records of the court.
72 Section 6AAA of the Sentencing Act 1991 requires me to state the sentence and non-parole period that I would have imposed but for the plea of guilty. Your plea has saved time, expense, and the need for witnesses to give evidence, and is reflective of remorse. But for the plea of guilty, I would have sentenced you to a term of imprisonment of four years and six months on Charge 1 and three years on Charge 2. I would have directed that 18 months of the sentence imposed on Charge 2 be served cumulatively on the sentence imposed on Charge 1, making a total effective sentence of six years. I would have directed that you serve a period of four years before being eligible for parole.
73 You may take a seat.
74 Turning next to you, Schvarts
Indictment C1811889.1 (first indictment)
75 You were born on 30 June 1969 and are 50 years old. You were born in Moldova in the former Soviet Union. You migrated to Australia with your parents and sister when you were 12 years old. Your parents separated and you lived alternately with your mother and father in Bondi New South Wales and Caulfield and St Kilda in Melbourne. Your father is 89 years old and was hospitalised due to a bad fall.[1] You are concerned that you have not been able to visit your father.
[1] Exhibit 4.
76 On completing your schooling you worked in the information technology industry establishing your old business which you later sold. You opened several fashion businesses which have since closed down.
77 Your wife came to Australia from Russia and obtained a PHD in gynaecology and obstetrics at Melbourne University. You supported her and encouraged her to do that. She had to work for 10 years in rural Victoria to become eligible to practise as a GP in Australia. This led to a de facto separation with your wife. You have a daughter who is 21 years old. As a teenager your daughter lived with you and her grandparents. Your daughter completed a medical degree at Monash University.
78
You have admitted your criminal record dated 25 November 2019. On
10 May 2011 you were charged with two charges of possess cocaine. Each charge was adjourned without conviction upon giving an undertaking. You have no other previous convictions and none for violence. Your counsel submitted that you are now 50 years old and that your lack of prior convictions goes to show the offence is out of character and indicate that you are unlikely to
re-offend. The good antecedent criminal history may show these offences are aberrations and personal deterrence is not necessary.
79 The offending occurred in April and May of 2018. At that time you were living apart from your wife and family. You were under enormous emotional and financial stress. This in part led to increased drug taking. You worked with people who used drugs socially. You would deal to one another among a small group of friends.
80 Your counsel submitted that in order to finance the purchase of the club and/or start another business you had borrowed money from friends. These people do not want to volunteer that they gave cash to you.
81 You have had regular urine screens with negative results in the prison system.
82 You were introduced to the complainant in 2017. The complainant offered you an opportunity to invest in a new club. You introduced other investors who invested money in the new club. The new club was due to open in September 2017. The investors were promised a profit of $20,000 per week within 12 months. You said that Srbinoski undertook that if that profit was not established by June 2018, he would relinquish 10 per cent of his shares.
83 When the new club opened in December 2017 it ran for five nights per week. January 2018 was a quiet period with holidays. You sought advice on the running of the club from Michael Trimble by February 2018. Trimble later became the manager of the club. By April 2018 the club was only opening three nights and not returning a profit.
84 By April-May 2018 you were advised that the club was not financially viable. It was not paying rent and electricity. It had not paid liquor licence permit fees and Srbinoski had produced a fake receipt for the licence fee. The manager of the club, Michael Trimble, contacted the owner of the building in Western Australia and told him that the electricity, rent and liquor licensing fees were not paid and the club was in trouble if he did not pay the liquor licensing fees. The owner then personally paid the $54,000 liquor licensing fees so that the club would not be devalued.
85 Your counsel said that after the offer was made to pay Srbinoski $50,000 for his share you said to Srbinoski 'You’re not the majority shareholder, because you’re meant to be paying $20,000 profit by June and you’re not. You are going to lose your 10 per cent of your shares' indicating that Srbinoski would no longer be in control and at that point there was an altercation between Srbinoski and Bradshaw.
86 There is a dispute about whether you threatened to kill Srbinoski. However the prosecution and defence did not ask me to resolve that dispute. The defence conceded that whatever words Schvarts used, the words had the effect of encouraging Bradshaw in what he was doing. Your counsel submitted that you are charged with intentionally causing injury, not by being the puncher but by your words and actions in encouraging the person who was. You did not hit or strike the complainant. Your counsel conceded that you encouraged Bradshaw by your presence and actions but said that this was a split second decision made in a dramatic situation.
87 Your counsel submitted that you have paid a hefty price and that price includes not only the loss of your liberty since May 19, but includes the loss of your investment in the club.
88 You and another partner discussed obtaining new finance or selling the club. You were introduced to Bradshaw as a potential buyer. Bradshaw came to Melbourne on 14/15 May and met Michael Trimble. On 19 May 2018 Bradshaw was to meet Srbinoski and offer to buy the club or buy out Srbinoski.
89 You did not contact the complainant after 19 May 2018. The complainant contacted Michael Trimble and offered the club at a reduced price in the days that followed.
90
Evidence has been led on your behalf. Reports by Luke Armstrong, consultant psychologist, dated 15 March and 14 November 2019 were tendered.[2]
Mr Armstrong was called to give evidence. He said that you are in remission from the drug use. You have had clean urine screens through the gaol system. In the two reports Mr Armstrong advises that you have changed over the period of a year, that you have become much more settled, more insightful, remorseful and regretful. Mr Armstrong said that you will require some support on your release date.
[2] Exhibit 3.
91 Mr Dunn did not seek to rely on the principles set out in R v. Verdins.[3]
[3] (2007) 16 VR 269.
92
I also take into account, the other material that has been put before me. I refer to the written reference by your wife Alfia Schvarts, the prison chaplain
Mark Kessel and your friends Ommar Makia, Yakov Eydlish and Boris Kogan.[4] Boris Kogan is a director of AB Studio, a construction company. He has offered to employ you when you are released from custody.[5] Your counsel submits that you now accept responsibility for your bad conduct. Your plans are to try to move forward with your marriage and daughter. The references indicate that you have expressed remorse and regret doing what you did.
[4] Exhibit 5.
[5] Exhibit 5.
93 During your time in custody you completed the Peer Listener Program at the Fulham Correctional Centre and the Peer Educator Program at Ravenhall Correctional Centre.[6]
[6] Exhibit 6.
94
Your counsel submitted that your wife, daughter and family support you. You have spent a considerable time in jail and have had time to reflect on your errors. You have pleaded guilty. In his report Mr Armstrong stated that in his view 'If your client was to remain drug free and were to receive intense and ongoing drug treatment and psychological medicine, the probability of
re-offending would be low'. I am, on balance, satisfied that the chances of your rehabilitation are reasonable provided that you engage in treatment and are able to remain drug free.
95 However, as well as those matters personal to you to which I have referred, including your prospects of rehabilitation, I must also take into account such matters as deterrence, especially general deterrence. I must also consider the question of the protection of members of the community from you and bear in mind the likelihood of your re-offending. I am called upon by the Sentencing Act to manifest the community's denunciation of your conduct and generally to impose a just punishment.
96 The defence submitted that the time you have served, coupled with a community correction order is a proper and adequate punishment having regard to your role and conduct. You come before the court without any relevant criminal history. You are a mature aged man who has demonstrated real contrition.
97 Mr Armstrong gave evidence that you would benefit from an opportunity to obtain support for recovery from your drug addiction. Mr Armstrong also recommended that you get some specific psychological interventions to rectify and manage the sorts of disturbances that come about because of the trauma in your upbringing.
98 As you know, I have sought and received a pre-sentence assessment report in this matter. That report indicates that you are considered a suitable candidate for a community correction order. Upon analysis of all the evidence and the submissions made by counsel, I propose to order that you serve a term of imprisonment for 571 days followed by a community correction order for a period of 24 months. I am only able to make such an order if you consent to my taking such a course. So that you are in a position to make an informed decision in the matter, I should tell you something about the course I propose.
99 First, the length of the order will be two years. Every community correction order, including the one I propose in this case, contains certain core conditions. They are:-
1You must not commit another offence punishable by imprisonment during the period of the order.
2.You must comply with any obligation or requirement prescribed by the regulations.
3.You must report to, or receive visits from, the Secretary during the period of the order.
4You must report to the Melbourne Justice Service Centre at 50 Franklin Street, Melbourne within two working days after you are released from custody.
5.You must notify the Secretary of any change of address or employment within two clear working days after the charge.
6.You must not leave Victoria except with the permission of the Secretary.
7.You must comply with any direction given by the Secretary that is necessary for the Secretary to give to ensure that you comply with the order.
100 The conditions that apply in addition to the mandatory terms are:
1.You must perform 200 hours of unpaid work over a period of 24 months as directed by the Regional Manager.
2.You must be under the supervision of a Community Correction Officer for a period of 24 months.
3.That you undergo assessment and treatment for drug addiction or submit to medical, psychological or psychiatric assessment and treatment as is directed.
4.That you submit to testing for drug use as directed.
5.You must undergo programs consistent with the purpose of treatment and rehabilitation which may include but is not limited to employment, educational, cultural and personal development programs as directed by the Regional Manager.
6.You must realize that if you breach the order you should expect to be brought back to court and dealt with for such breach. You should expect to be imprisoned, perhaps be fined and perhaps other sorts of orders would be made if that occurs.
101 Do you consent to the making of a community correction order containing the terms I have outlined?
102 OFFENDER SCHVARTS: I do, Your Honour.
103 This is a serious offence. I propose to record a conviction on Charge 2 and order that you be imprisoned for a period of 571 days. On that charge I will also impose a community correction order that commences upon your release from custody for a period of 24 months.
104 HER HONOUR: You can give that to Mr Dunn please.
105 In relation to the summary charge of committing an indictable offence whilst on bail I propose to record a conviction and order that you be imprisoned for a period of one month to be served concurrently with the sentence imposed on Charge 2.
106 MR DUNN: The court pleases.
107 You Schvarts were arrested and remanded on bail on this matter on 25 May 2018. As prescribed by s.18(4) of the Sentencing Act, I declare that the period of time you have already spent in custody is 571 days. I direct that such be noted in the records of the court.
108 Section 6AAA of the Sentencing Act 1991 requires me to state the sentence and non-parole period that I would have imposed but for the pleas of guilty. Your pleas has saved time, expense, and the need for witnesses to give evidence, and is reflective of remorse. But for your pleas of guilty, I would have sentenced you to a term of imprisonment of 30 months on Charge 2. I would have directed that you serve a period of 24 months before being eligible for parole.
109 You have already been in custody for 571 days in relation to proceedings for these offences and accordingly it will not be necessary for you to serve a period of imprisonment which extends beyond the period which you have already served.
110 MR DUNN: Thank you, Your Honour.
111 HER HONOUR: You may take a seat. Are there any matters arising out of that sentence?
112
MR D'ARCY: Your Honour, I might have missed it but I didn't detect
Your Honour's reasons for the sentence in relation to the second indictment.
113 HER HONOUR: I'm doing that now. That's the first - - -
114 MR D'ARCY: Well that's why I didn't detect it, Your Honour.
115 HER HONOUR: Yes.
- - -