Director of Public Prosecutions v Campbell

[2019] VCC 1149

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR 16-00543

DIRECTOR OF PUBLIC PROSECUTIONS

v

JAMIE CAMPBELL

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JUDGE:	HER HONOUR JUDGE WILMOTH
WHERE HELD:	Melbourne
DATE OF BREACH OF CCO HEARING:	26 July 2019
DATE OF SENTENCE:	26 July 2019
CASE MAY BE CITED AS:	DPP v Campbell
MEDIUM NEUTRAL CITATION:	[2019] VCC 1149

REASONS FOR SENTENCE
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Subject: Criminal law – breach Community Correction Order by non-compliance and further offending
Sentence: Breach proven – CCO cancelled - resentenced to 10 months imprisonment – 147 days PSD  declared -  new 12 month CCO to commence on release.

Cases cited : Liu v R 92018) VSCA 92

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms J. Fallar	OPP
For the Accused	Mr R. Timms	Cahills

HER HONOUR: 

1Mr Campbell, just over a year ago I sentenced you for the crime of attempted armed robbery to a term of imprisonment of 144 days, which you had already served, and I also added a Community Correction Order for two years. 

2You have breached that CCO and have admitted the breach, and I find it proved.  It was breached by non-compliance and also by further offending and last year you served a short sentence for that, that was the 60 day sentence, I think.  So I am not talking now about the new offending that you have yet to be sentenced for.

3Reading back over your history, it is clear, as Mr Timms said this morning, that you do respond well to quite firm supervision, such as parole, and indeed to institutional structures when you are placed in institutions for drug rehabilitation, for example, at your own volition, you do well.  But you do not do so well when you are placed on less formal orders, such as a CCO.

4However, you do still need supervision when you are in the community and you need a further opportunity, hopefully one you can take full advantage of, a supervised opportunity that does provide for your rehabilitation from drug use.  Today I am going to impose a new sentence of 10 month's imprisonment and I shall declare that you have already served 147 days of that, which is nearly five months, so you have got just over five months to serve from today.  There will also be a sentence of one month imprisonment for the breach itself, but that can be served concurrently. 

5The CCO which I imposed last year is now cancelled.  I cancel that and I set aside that earlier sentence in accordance with the procedure that suggests it in the decision of Liu v R (2018) VSCA 92.

6As I said a few moments ago, you have been assessed as suitable for a Community Correction Order , so there will be a new one.  And that will start as soon as you are released from custody.  So within two days of your release, you will need to go to the Corrections office in Geelong and sign up for that new CCO. 

7The obligations under that new CCO will be for treatment only.  There will not be any hours of unpaid community work, because the punitive element of this sentence is in the prison term.  So that means that you will concentrate on drug treatment and staying free of any criminal activity under this CCO.  And perhaps if you were to help your mother look after your children, you would not have time for any offending. 

8The CCO will start once you are released from custody.  There will be supervision.  You will be under supervision and you will have drug and alcohol treatment and also judicial monitoring.  I am going to make the first appointment for that on 4 March next year at 9.30 and that involves you coming along to court.  You can go to Geelong Court and there will be a video link arranged, and there will not be any lawyers present, it will just be you and the Corrections officer, and I will be here and I will talk to you about your progress.  I will have a report from your case manager and I will know how you are going and you can discuss that with me.  All right? 

9OFFENDER:  Yes, Your Honour.

10HER HONOUR:  The CCO is ready for you to sign. 

11Mr Timms, do you want to have a look at that and accompany my associate to the dock?

12MR TIMMS:  Yes, Your Honour, thank you.

13HER HONOUR:  Very well. 

14MS FALLAR:  Sorry, it might just be my hearing, but what was the period of the CCO?

15HER HONOUR:  I have neglected that.  Thanks, Ms Fallar.  Yes, a one year CCO.

16Is there anything else, Ms Fallar?

17MS FALLAR:  No, Your Honour.

18HER HONOUR:  Mr Timms?

19MR TIMMS:  No, Your Honour, thank you. 

20HER HONOUR:  Thank you, officers, you may take Mr Campbell now. 

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