Director of Public Prosecutions v Burton

[2018] VCC 551

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR 15-01567

DIRECTOR OF PUBLIC PROSECUTIONS

v

KRISTIAN BURTON

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JUDGE:	HER HONOUR JUDGE CANNON
WHERE HELD:	Melbourne
DATE OF HEARING:	11 April 2018
DATE OF SENTENCE:	17 April 2018
CASE MAY BE CITED AS:	DPP v Burton
MEDIUM NEUTRAL CITATION:	[2018] VCC 551

REASONS FOR SENTENCE
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Subject:  CRIMINAL LAW

Catchwords:  Contravention CCO – Contravention by way of non-compliance - Contravention proven

Sentence:Convicted of offence of contravention CCO – Make no further order in relation to the contravention charge – CCO commenced 4 March 2016 cancelled and new CCO imposed

APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr A. Sharp	Solicitor for Public Prosecutions
For Mr Burton	Ms H. Cooper	Leanne Warren & Associates

HER HONOUR:

1. Mr Burton, I previously gave you an opportunity to address some serious concerns that your counsel at your plea hearing said needed to be addressed, but you failed to take advantage of that opportunity, which is most disappointing.

2. However, I understand that upon your release from gaol, things were very tough and you were not in a good position to undergo the CCO that I imposed.

3. I understand that you now do wish to re-engage with the order although I am sceptical about your motivation for this. In any event, I understand that you have now been drug free for about a year; you have not committed a further offence for two years; you also now have a job and you are in a stable relationship – all of these matters are impressive and influenced me in deciding to have you assessed for a further CCO.

4. The report indicates that, despite your contravention of the previous CCO imposed by me, and despite being in breach of another CCO which was imposed in the Magistrates Court, you are suitable for another CCO. I told you last week that, even if you were deemed suitable, I might be of the view that you’d had enough chances and that a further gaol term was appropriate in your case.  However, in the end, I have decided to give you another chance and this may well be your very last chance to have the benefit of such an order, so you’d better abide by the CCO that I impose, to the letter.

5. You are convicted of breaching the CCO which I previously imposed and in the circumstances I will make no further order.

6. I cancel the CCO which I previously imposed in combination with a gaol term of 9 months’ imprisonment which you have now served. In re-sentencing you, I make it clear that I am only doing so in respect of the breached CCO aspect of the previous sentence and I have factored in that you have also served 9 months’ imprisonment in relation to the offending when imposing a new CCO.

7. Taking all relevant matters into account, being the offending itself, the extent to which you complied with the previous CCO which was minimal, your criminal history, matters which I factored in at the plea hearing and the matters that I have just referred to in respect of the breach of the CCO that I previously imposed, I intend to impose a CCO in the following terms:

8. I can only do this with your consent so please listen carefully to the order that I propose to impose:

9. The CCO would run for a period of 18 months and the conditions of the CCO would be as follows:

   The mandatory terms that apply to all Community Correction Orders are:

10.You must not commit another offence for which you could be imprisoned during the time that the order is in force;

11.You must comply with any obligation or requirement prescribed by regulation 17 of the Sentencing Regulations 2011;

12.You must report to, and receive visits from, the Secretary to the DOJ (or his or her delegate);

13.You must report to the Moorabbin Community Corrections Service at 2pm  on next Wednesday, being 18 April 2018.

14.You must let a community corrections officer know within two clear working days of you changing your address or job;

15.You must not leave Victoria without first obtaining permission to do so from the Secretary to the DOJ (or his/her delegate);

16.You must obey all lawful instructions from and directions of the Secretary to the DOJ (or his/her delegate).

17.The conditions that apply in addition to the mandatory terms listed are:-

Community Work

18.You must undergo 200 hours unpaid community work within 18 months. Up to 100 hours of the treatment and rehabilitation conditions which you satisfactorily fulfil may be used to offset the number of hours in respect of this unpaid work component.

Supervision

19.You must be under the supervision of a Community Corrections Officer for a period of 18 months.

Treatment and Rehabilitation

20.You must undergo assessment and treatment including testing for drug abuse or dependency as directed by the Regional Manager.

21.You must undergo mental health assessment and treatment including (but not limited to) mental health, psychological, neuropsychological and psychiatric treatment in a hospital or residential facility, as directed by the Regional Manager.

22.You must attend the County Court, when required, for judicial monitoring. Your first appointment with me for that purpose will be on Monday 6 August 2018 at 9.30am. I will receive a progress report from Community Corrections ahead of each of these appointments, and for your sake, I hope that I receive only good news. 

23.Do you consent to the terms and conditions of the order?

24.I should tell you that if you do not comply with all of the requirements of this CCO then you will face breach proceedings before me. You will be sentenced in relation to the breach and you will be re-sentenced in relation to the charges-in which case you may well be sentenced to gaol. I would regard a breach of the CCO as a most serious matter, whether it be because of further offending or because of non-compliance with any of the other conditions of the order.

25.Do you understand this? Do you maintain your consent to the order?

26.Therefore in relation to the charges, you are convicted and sentenced to a CCO in the terms and conditions that I have just set out.

27.I will ask your Counsel to assist you with the signing of the CCO.