Director of Public Prosecutions v Briggs

[2015] VCC 1740

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR 15-00880

DIRECTOR OF PUBLIC PROSECUTIONS

v

DARREN BRIGGS

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JUDGE:	HIS HONOUR JUDGE GRANT
WHERE HELD:	Melbourne
DATE OF HEARING:	30 November 2015
DATE OF SENTENCE:	30 November 2015
CASE MAY BE CITED AS:	DPP v Briggs
MEDIUM NEUTRAL CITATION:	[2015] VCC 1740

REASONS FOR SENTENCE
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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr S. Ballek	OPP
For the Accused	Ms J. Swiney	Patrick W. Dwyer

HIS HONOUR: 

1Mr Briggs, you have pleaded guilty to one count of criminal damage and one count of trespass.  The charge of criminal damage is an offence that carries a maximum penalty of ten years' imprisonment, which is an indication of how serious that offence is regarded.  

2In this case you attended at premises where you should not have been.  You forced your way into the premises and became a trespasser.  You were aggressive and forceful.  Your former partner was no doubt very scared by your behaviour and your daughter would have been terrified. Not only did you damage the door, you also used scissors to stab the couch.  Your daughter was close by when you were doing that.

3The matter is made more serious by the fact that in August 2014, about four months earlier, you had been placed on a good behaviour bond for other offences against your former partner.  These earlier offences were dealt with at the Heidelberg Magistrates Court in August 2014.  You were fined for some offences and put on a good behaviour bond for others. You breached that bond by committing these two offences. 

4There are a number of matters in mitigation of penalty.

5Importantly you have pleaded guilty to the offences. You offered a very early plea of guilty to these two charges.  That was not initially accepted. Later it was.  

6I am also satisfied that you are very remorseful for what occurred.  I have had the opportunity of observing you in the Koori Court process. You have reflected on what you have done.  You have engaged in an appropriate discussion with the elders and you have made it absolutely clear to the elders and to me that you are very sorry for what happened.

7At the time the offending occurred you had stopped taking your medication, or you were taking it inconsistently.  Although that does not excuse your offending in any way, it explains why you behaved in the way that you did.  You were angry, you were not on your medication and you responded in a totally inappropriate way. 

8As a result of your offending you spent 138 days on remand. That time in custody has had a significant impact on you.  It was your first experience of being in custody.  You used your time in prison constructively, completing a number of courses. I am satisfied that you have learnt a significant lesson from the time you spent in jail. 

9You were released on bail on 20 May and since your release you have done everything that could be asked of you.  Firstly, you have stayed out of trouble, and that is an important first step; secondly, you have attended at the Victorian Aboriginal Health Service for treatment in relation to your mental health.  You have been provided appropriate medication and you have been attending regularly for your fortnightly depot injections.  It is a very positive development that you are now compliant with your medication. 

10You have also been attending family counselling services.  You have got very good support from Mr Fitzgerald, who is the outreach worker attached to the Aboriginal Health Service.  You have been participating in counselling with John Burns from the Dardi Munwurrow program. It would be in your interests to continue in that program.

11In this case there is no benefit to the community or to you in returning you to prison.  I am satisfied that if you continue on your regime of medication and continue to use the supports that have been offered to you, then you are a very good prospect for rehabilitation. So given the fact that you have had a taste of prison over five months and that you have you have responded very positively after your release on bail, it is my view that you should be given an opportunity to be supported in the community.

12I am going to offer you that support through a community corrections order.  So what is going to happen, Mr Briggs, is that on the two charges you will be convicted and sentenced to an aggregate imprisonment term of 138 days and I will make a declaration that you have served 138 days.  In addition, on the two charges you will be released on a community corrections order for the next 12 months.  The conditions of that order are that you participate in a mental health treatment program, that you participate in programs to reduce reoffending and that you also be under supervision for the period of the order.  You have an appointment to attend at the Reservoir Community Corrections Centre at 3 pm on Wednesday. 

13So in a nutshell, Mr Briggs, you have been sentenced to 138 days and I have declared that you have served that time, so that is done.  You have done your prison time.  You are now going to be released on a community corrections order for the next 12 months.  Your first obligation under that order is to attend the Reservoir office at 3 pm on Wednesday.  Then over the next 12 months you will be supported with your mental health issues, you will be referred into offender rehabilitation programs and you will be under supervision.

14It is also important that you understand that it is a standard condition of a community corrections order that you must not commit any further offences during the next 12 months.  If you commit another offence or fail to comply with any of the conditions of the order, Community Corrections will bring you back to court and I will deal with you again for these offences.  Do you understand that?

15OFFENDER:  Yes, Your Honour.

16HIS HONOUR: I am also going to make an order under s.464ZF of the Crimes Act that you undergo what we call a forensic procedure.  It is what is known as a buccal swab.  You will have to attend at the appropriate police station.  At this stage I have not got the forms in front of me, but I suspect it is probably Reservoir.

17MR BALLEK:  I think Reservoir, Your Honour.

18HIS HONOUR:  You think that is the - - -

19MR BALLEK:  I think that is correct.

20HIS HONOUR:  Yes.  So basically within the next 28 days you have to go to the Reservoir police station and present for them to take what is called a buccal swab.  So it is just like a mouth swab and it obtains a DNA sample and that sample will be held on the police database.  I am going to make that order because of the seriousness of the offending, because of your prior convictions, because of the interests of justice and also because you consent to the making of that order.

21I do need to explain to you that if you do not attend for that sample to be taken or you resist the taking of the sample, the police can use reasonable force to obtain that sample or a blood sample.  Now, I am sure that will not happen, but you just need to understand that if you do not cooperate in this process the police can use force to take the sample.  Is that clear?

22OFFENDER:  Yes.

23HIS HONOUR: I am required to state under s.6AAA of the Sentencing Act the order I would have made if you had pleaded not guilty.  This is a very hard exercise to engage in, but I probably would have sentenced you to an aggregate imprisonment term of around 15 months with a minimum term of nine months before you would be eligible for release on parole.  So you can see that your plea of guilty has benefited you enormously in avoiding a much longer gaol term.  Do you understand that?

24OFFENDER:  Yes, Your Honour.

25HIS HONOUR:  Do you have any questions about what has happened?

26OFFENDER:  Would I be able to go to Reservoir station after I go to my Corrections on Wednesday?

27HIS HONOUR:  Look, I am just not sure how quickly the Reservoir police might be made aware of this order.

28OFFENDER:  Okay.

29HIS HONOUR:  Mr Prosecutor have you any of the forms for me at the moment?

30MR BALLEK:  They have been sent electronically, as I understand it.

31HIS HONOUR:  They have been sent electronically?  Well, Mr Briggs I will have my associate print them up and I can sign them. I think you could probably go there on Wednesday after you have been to the Community Corrections.

32You can be seated there now, Mr Briggs.  In fact you can step out of the dock and come and take a seat behind your counsel. 

33Mr Briggs, I just have to correct one other matter that I said to you.  I said that you would be reporting to the Reservoir police station; in fact it is the Northcote police station.  So it will be the Northcote police station at 48 Dennis Street, Northcote.  I note the change for the purposes of the transcript.   

34OFFENDER:  Yes.

35HIS HONOUR:  Are there any other matters?

36MR BALLEK:  No.

37MS SWINEY:  No.

38HIS HONOUR:  Thank you.  I will just sign the orders.

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