Director of Public Prosecutions v Briggs

[2023] VCC 1449

IN THE COUNTY COURT OF VICTORIA

Revised

Not Restricted

Suitable for Publication

AT MELBOURNE

KOORI COURT DIVISION

CR-23-00992

DIRECTOR OF PUBLIC PROSECUTIONS

v

THEODORE BRIGGS

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JUDGE:	HIS HONOUR JUDGE JOHNS
WHERE HELD:	Melbourne
DATE OF HEARING:	8 August 2023
DATE OF SENTENCE:	14 August 2023
CASE MAY BE CITED AS:	DPP v Briggs
MEDIUM NEUTRAL CITATION:	[2023] VCC 1449

REASONS FOR SENTENCE

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Subject:  CRIMINAL LAW - Sentence

Catchwords:  Koori Court Jurisdiction – Summary Jurisdiction – Contravene Supervision Order – Damage property

Sentence:                 Total effective sentence of four months’ imprisonment

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms D. Hogan	Office of Public Prosecutions
For the Accused	Ms A. Burnnard	Victorian Aboriginal Legal Service

HIS HONOUR:

1Mr Briggs, as you know, I have sentenced you previously on 31 January this year and also 24 August last year, and what I said on each of those occasions has some relevance to today also, and Judge Lawson, of course, sentenced you on 15 July 2021 and I referred to her remarks in my previous sentences.

2Those sentences, each of which I have mentioned, were sentences for contraventions of the conditions of the supervision order that you were under, and you are now before me again for further contravention charges, although on a different basis from previously.

3There are rolled up charges in relation to those contraventions.  There's a charge, it is a rolled-up charge of contravention of a condition of a supervision order that relates to breaching curfew.  There is a further rolled up charge of contravention of a condition of a supervision order that relates to tampering or damaging and removing the electronic monitoring device, a rolled-up charge of contravention of a condition of supervision order that relates to removing the SCRAM device, which is a device that relates to remote alcohol monitoring.  There are also two charges of wilful damage, Summary Offence Act charges.

4I dealt with all of those matters summarily and heard the pleas.  Circumstances of the offending are set out in Exhibit A, which is the Summary of Prosecution Opening dated 4 August 2023, which forms part of these reasons for sentence.  The circumstances were also touched on in Ms Burnnard's plea submissions on your behalf, and also added to by way of oral submission during the plea hearing.  I accept those matters that were advanced both in written and oral submission as to the circumstances of your offending.

5The offending occurred on 22 to 24 February.  I do not propose to summarise the offending herein.  As I have said, it relates to removal of the bracelet, removal of the SCRAM device and not adhering to curfew, which are serious contraventions in the context of the supervision order and its reason for being.  In relation to those contraventions you have been in custody, as I understand it, since 24 February.  You have been a protection prisoner during that time and I accept the submissions of your counsel as to the circumstances of your custody.

6It is difficult to deal with you on sentence when this court has little to no ability to address rehabilitation other than the deterrent effect of prison.  Notwithstanding your continual contraventions over the past two years or so I must impose a sentence that is proportionate to the offending.  In my view, the time spent in custody to date exceeds the period of imprisonment that is proportionate to the offending.

7Your offending arose out of frustration at the confines of the order.  I cannot do anything about those frustrations other than to urge you to speak with those managing you and to give into the process, work with them, cooperate with them, rather than butt up against the confines of the order.  You will not win,
Mr Briggs, in that equation.

8You participated fully in the Koori Court sentencing conversation.  You engaged well with Aboriginal elder, Auntie Pam Pederson.  You spoke about the Rivergum program and that you had gone well during that program although you have struggled with the process since.  You were quite articulate in terms of explaining the frustration you feel at the restrictions you were under.  In particular, you expressed frustration at having insight into knowing you need to address your drug problems and the underlying trauma related to it, but not being able to get access to what you consider to be appropriate programs.

9During the sentencing conversation it also emerged that  it is proposed that a program be put in place under the supervision of Dr Ed Ogden, who is a leader in alcohol and drug rehabilitative therapy.  It was explained during that sentencing conversation that there was a plan to put in place supports supervised by Corrections, including Dr Ogden, Kevin Golden and Dr Penny Wood, to address drug and alcohol issues.  However, it did not progress due to your remand on these matters.  It is clear in your case that there is the build-up of pressure at times on your order that you feel overwhelmed, you do not have the coping mechanisms to deal with those feelings of being overwhelmed and emotions and you act in a way which contravenes your supervision order, which is a form of self-sabotage in the way I see it, and this is what you really need to address and endeavour to come to terms with.  For you to progress to where you want to be in relation to this order you are going to have to engage and listen to advice and do what is required of you rather than what you think you should be doing.

10I have taken into account the maximum penalties, also your pleas of guilty.  I have taken into account the circumstances of your custody and I also have regard to the report that has been filed, the special report dated 7 August. 

11In all the circumstances I propose to sentence you to an aggregate sentence in relation to the charges before me. 

12That aggregate sentence will be a sentence of four months' imprisonment.

13I declare that you have served four months by way of pre-sentence detention.

14Were it not for your pleas of guilty pursuant to s6AAA I would have sentenced you to six months' imprisonment.

15Are there any other orders sought?

16MS HOGAN:  There are no other orders sought, Your Honour.

17HIS HONOUR:  Thank you, Ms Hogan.  All right, thank you, Ms Burnnard.  All right, Mr Briggs.  I wish you all the best and I sincerely mean that, but the reality is you are going to go to Corella Place and you have got to be as positive about that as you possibly can.  Draw on all those strengths.  Remember what
Auntie Pam said to you.  The people managing you have expressed goodwill, that they will work faithfully with you to try and come up with a suitable pathway forward so what is expected from you is that you will engage faithfully with them as well.

18MS HOGAN:  I apologise, Your Honour.  I just stand in relation to one matter, and that is the pre-sentence detention.  I am not sure if Your Honour - I understand that Your Honour is required to declare the whole of it.

19HIS HONOUR:  Am I?  All right.

20MS HOGAN:  It is 171 days or five months and 21 days.

21HIS HONOUR:  Yes, all right.  The sentence is four months' imprisonment.  I will declare 171 days as pre-sentence detention.

22MS HOGAN:  Thank you, Your Honour.

23HIS HONOUR:  Thank you, Ms Hogan.

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