Director of Public Prosecutions v Campbell (a pseudonym)
[2022] VCC 1489
| IN THE COUNTY COURT OF VICTORIA AT Melbourne CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| ROLAND CAMPBELL (A PSEUDONYM) |
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JUDGE: | His Honour Judge Gucciardo | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 16,17 February, 4 July 2022 | |
DATE OF SENTENCE: | 6 September 2022 | |
CASE MAY BE CITED AS: | DPP v Campbell (a pseudonym) | |
MEDIUM NEUTRAL CITATION: | [2022] VCC 1489 | |
REASONS FOR SENTENCE
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Subject:Criminal Law. Sentence upon plea of guilty.
Catchwords: Sexual assault – Cognitive impairment of the victim – Absence of consent -
Late plea of guilty – Covid-19 delay – No evidence of remorse – Verdins
principles.
Legislation Cited:
Cases Cited:Worboyes v The Queen [2021] VSCA 169; Buckley v The Queen [2022]
VSCA 138; Boulton v The Queen [2014] VSCA 342.
Sentence: Community Corrections Order for 3 years.
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APPEARANCES: | Counsel | Solicitors |
| For the Director of Public Prosecutions | Mr A. Moore | Ms C. Eckersley |
| For the Accused | Mr R. Thyssen | Ms H. Lyons Adrian Paull Criminal Lawyers |
HIS HONOUR:
1Roland Campbell[1] you have pleaded guilty to an indictment which alleged that sexual assault committed on the second day of February 2019.
[1] A pseudonym.
2The sexual assault alleged, was that you intentionally touched the victim to whom I shall refer by the name of Benita Garrett[2] without her consent in circumstances where you did not reasonably believe that she consented to the touching.
[2] A pseudonym.
3When this sentence is published it will also be anonymised to protect her anonymity and identification.
4This matter first came before the court as a trial in the Ballarat circuit upon an indictment which originally alleged two charges of sexual assault and three counts of rape, alleging oral, digital, and penile penetration of the vagina, as well as touching a breast and touching the vagina of the victim.
5An intermediary report was prepared in June 2020, and the trial was listed to proceed in February 2022. However, just as the trial was about to proceed the matter resolved. It was said that that resolution was primarily motivated by the difficulty which both prosecution and defence recognised in the running of a trial in the face of the kind of cognitive impairments which both accused and complainant suffered with and which would have made a trial a difficult process. I made and make no comment as to this resolution.
6The resulted plea indictment satisfied the prosecution in relation to the allegation and it was one to which the accused was prepared to plead guilty. The plea proceeded in February and the delay until sentence is primarily reflected of the difficult nature of the material with which the case is involved.
7Difficult because it requires a full appreciation of the mental condition of the victim and of the offender. The many reports which pertain to the participants and the fact that the prosecution urged upon the court a full assessment of all the material including the video and audio recording of the complainant, the record of interview of the offender and the various pre-trial hearings, s198 examination as well as the special hearing conducted before His Honour Judge O'Connell in February 2021.
8There was also of course delays which were due to the general pandemic related delays in the last two years which I must take into account. It is important that the offender's decision to contest the first indictment be not treated as a cause of delay. He was entitled to wish to put the prosecution to its proof as to that series of charges. That is neither an aggravating factor nor to be used to assign fault of a delay to him because of that choice to which he was entitled.
9The charge of sexual assault carries a maximum of 10 years' imprisonment. The circumstances of the agreed facts upon which you pleaded guilty as summarised in the plea opening dated the 14th, sorry, 16 February 2022 and to which I will briefly refer.
10The offence occurred on 2 February 2019. You were 19 years of age. The complainant, to whom I shall refer to as Benita Garrett, as I have said, was 44 years of age. You weighed about a hundred kilograms while she was a slight woman weighing about 60 kilograms. On that day she was driven by her brother in the late afternoon to a barbecue which was taking place at the local cricket nets. You helped cook some sausage for Benita Garrett during the barbecue and Benita Garrett watched others play cricket, but there was little or no interaction between the two of you.
11Benita Garrett went back to her brother's place by early evening, and you also accompanied them. She had never met you. You and Benita Garrett's brother played video games and Benita Garrett watched the two of you play before hanging her brother's clothes on a clothesline. She then wanted to leave. Because her brother had drunk some alcohol, he told her that you would drive her home.
12At about 9 pm you drove Benita Garrett to where she lived and on the way home you told her words to the effect, that she was a quite nice girl. You asked her to go for a drive and she said no, explaining that she was concerned she would be locked out of her residence due to the lateness of the hour. She began to fear how you would react if she had left the vehicle. You then walked with her to the area of the toilets near the nets where the barbecue had been held earlier. You asked her whether she wanted to have sexual intercourse with you. She said, no, on several occasions. You told her she would be okay.
13In the toilet cubicle you sat on a toilet bowl and placed Benita Garrett on your lap. At a point in time, both of you were naked around the genital area and you proceeded to rub your penis on the outside of her vagina. The contact was brief and you then desisted. The two of you went back to the place of her residence, you then drove back to Benita Garrett's brother place. You had been out for about an hour since leaving Benita Garrett's brother at his place, and he noted that this timeframe was long given that the drive should have only taken five to ten minutes to Benita Garrett 's residence.
14Benita Garrett told you that she did not want to engage with you in any sexual activity on many occasions. She, nevertheless was subjected to the sexual touching because she was frightened at the time. She told you she had a boyfriend who was getting her a friendship ring soon. That man was also a resident at the same facility.
15The next day Benita Garrett disclosed the offending stating that she had taken part in sexual touching, despite having said no, because she was frightened. The same day she told her sister again reiterating she had said no on many occasions. She then reported the matter to the police on that very day.
16
The next day a video and audio recording of her complaint was made. Benita Garrett was examined by a forensic nurse and that examination revealed no genital injuries. In order to better understand the circumstances, I was urged by the prosecution to view the VARE recording as well as the special hearing in which Benita Garrett was
cross-examined at length but largely appropriately. During the VARE, Benita Garrett reiterated that she had 'gone ahead with everything' because she was worried you might have had a gun or a weapon of some type on you. She said she was very scared and had said no several times. Scared that 'something might happen to me'.
17During the special hearing, she essentially repeated her answers. The point of asking me to view these recordings was for the court to assess the cognitive impairment of the victim. Before doing so, I read the report of the intermediary who was present during the cross-examination, and who's report about Benita Garrett was very comprehensive. Benita Garrett has an intellectual disability, very low range intellectual functioning. This is also detailed in a report of Dr Rossiter a Neuropsychologist report. Benita Garrett has developmental history of intellectual disability and congenital epilepsy with the latter imparting a brain impacting her brain development.
18She has also reported a history of complex trauma and substance abuse. Vulnerability to suggestion, and controlling behaviour of others, problematic emotional self-regulation communication and impulsivity are just some of the areas of her disability.
19Benita Garrett lived under the guardianship of the Office of the Public Advocate and State Trustees Financial Administration of her disability pension. Living in aged care, supported accommodation, not being cognitively or physically capable of more independent living arrangements.
20Statements from those who are employed at the aged care facility attested her cognitive functioning and each make the point that these are obvious to anyone who speaks to her. Having viewed the recordings, I would agree with that assessment.
21The matter proceeded by way of a plea and it is therefore on that basis and that basis alone, which I deal with you. I was also asked to carefully read your record of interview which I did. It having been briefly summarised in the prosecution opening. You admitted rubbing your penis on the lips of Benita Garrett's vagina and asserted that she had consented. You denied that she had said no on any occasion and denied that Benita Garrett's cognitive limitations were obvious to you, saying, Benita Garrett was 'a bit slow' and 'you didn't think she had a mental disability that would affect her decision making.'
22However, you did say, you had been told she had a disability and epilepsy. She spoke with slurred speech and that she did not stop talking. You said her compliments, 'triggered a weird emotional reaction that you don't generally have', suddenly you were not 'in control of yourself'. You turned into something else. You said you had sexual urges that you tried to supress. You said that from an empathy point of view you 'didn't feel much from her perspective'. You agreed Benita Garrett had physical difficulties. Later you said you were aware, 'she was sort of disabled'.
23You essentially said things that escalated beyond your control.
24Victim impact statements were received from Benita Garrett's sisters and brother and from Benita Garrett herself. Her sister Alisha Garrett,[3] wrote of her distress at this event. She described Benita Garrett as defenceless, trusting and vulnerable. Benita Garrett is now more distant than before and the trauma has strained relationships within the family. She describes Benita Garrett as happy and outgoing, but is now reclusive and hesitant, less sociable. Alisha Garrett says she is anxious about Benita Garrett when in social settings.
[3] A pseudonym.
25Benita Garrett's other sister Susan Hobbs,[4] wrote of her sadness at this crime. She's anxious and less trusting, she feels grief and guilt all of which have also strained her relationship with Benita Garrett. She describes Benita Garrett as an innocent child-like soul, who was entitled to have her dignity respected and her physical integrity protected. Susan Hobbs has had a nervous twitch for months following the offending and had to seek treatment and help for the difficulty in sleeping. She said Benita Garrett's sleepwalking and seizures have increased. Benita Garrett's relationship with the family has declined. NDIS carers had to be put in place for Benita Garrett's welfare.
[4] A pseudonym.
26Benita Garrett's brother Theo Garrett,[5] also wrote a victim impact statement. He writes that Benita Garrett loves helping people and is a vulnerable, innocent person. The day of the offending was his birthday and so the reminders of that day recur. He felt angry and gutted, shocked and went into a deep depression, he naturally felt responsible. The offending has had a physical impact on him by significant weight gain and the onset of diabetes.
[5] A pseudonym.
27Benita Garrett also wrote a victim impact statement written for her. She writes that what happened made her feel uncomfortable, weird and strange. 'I was really scared all the time and with the thought that he might hurt me.' She described the stress of the legal proceedings. She writes that the offending made her feel unsafe and has impacted relationships. She has experienced nightmares, sadness and stress. You ignored her repeated no.
28I take these victim impact statements into account. In my view the significant, physical and intellectual limitations which Benita Garrett displays, must have been apparent to you and you indicated as much, ultimately in your answers to the police questions. This in my view is an aggravating feature of your offending.
29Despite your answers ultimately you acknowledged that you were dealing with someone who was vulnerable and effectively disabled. You have taken advantage of that situation and that as reprehensible and utterly wrong. It is the role of the court to extend its protection for the community, particularly to its most vulnerable members by disposition which take into account the required measure of deterrence to denounce such conduct and to appropriately punish those who abuse the physical and cognitive integrity of persons in Benita Garrett's situation.
30This sentencing exercise however is rendered complex and difficult by the matters that pertain to your circumstances. Before describing those I have taken your plea into account. It was made very late in the day just before the commencement of a trial as I have indicated, but to a significantly different indictment. It was said largely in recognition of the difficulties which would have accompanied such a criminal trial. In that sense the plea has the utilitarian benefit not only because it avoided the cost and trial proceedings in a period of difficulty for the criminal justice system, due to the pandemic, but particularly because it brings about finality to avoid Benita Garrett giving evidence before a jury.
31Although it is not an early plea it is a recognition of criminal responsibility and has the kind of weight which was recognised in Worboyes by the Court of Appeal, which requires a palpable reduction given that it is made at a time during which the courts have struggled to deliver timely outcomes and which have beset the courts and correctional services with significant difficulties.
32This is a plea made to a charge which carries a maximum of 10 years at a time when prospects of incarceration are still beset by restrictions, isolation and quarantine regimes. Unavailability of programs in person visits though now easing, and the threat of contagion in the closed prison environment. Your plea will reduce your sentence.
33I take into account your plea, but the aspect of remorse was specifically disavowed during your plea so I accept that it is not accompanied as a factor strengthening its value. It is clear that although the offending took place in 2019, the delay that has occurred essentially was driven by having to schedule a trial during the two pandemic years. I want to be clear that your penalty is not made heavier by the choice to contest the trial indictment, which you are entitled to do.
34But in terms of the limbs which the court can use to assess the impact of delay, that is the fairness and the rehabilitative impact over the period of delay, these equally are not strong factors in your case. I take your circumstances into account and it is there which renders this sentencing a difficult and challenging task.
35You are now 23 years of age. You were born and raised in Ballarat and you lived there all your life. Your father is a consultant with Telstra and your mother is engaged in home duties. You have three older siblings. Your background can be gleaned from a number of reports which the court received on your behalf.
36The first in time is a report by experienced Forensic Psychologist David Ball dated 13 March 2020. You told him because your siblings were much older you grew up effectively as an only child and you were often lonely and bored. You said your parents were generally disinterested in you. You left the family home aged 18. At the time of the plea you lived with an older sister. At school you had few friends and you attended until Year 11. You have never worked and you are in receipt of Newstart benefits.
37At the time of the plea, I was told that Disability Support Pension was being negotiated on your behalf which appears now to be in place. You describe yourself as too sick and injured to work. You reported no significant intimate relationships. You drink alcohol moderately and do not use illicit drugs. You reiterated to Mr Ball that as far as you are concerned, Benita Garrett did not have an intellectual impairment apart from difficulty in movement.
38You present that as a socially detached individual with narcissistic personality features which frequently put you at odds with people. You feel uncomfortable in social relationships, but out of a sense of entitlement you have trouble understanding the feelings and motivation of others, sending you into cycles of depression and exhilaration. You expect to be disliked by most people, and because of your lack of understanding in interpersonal relations you are frequently isolated leading to a sense of hopelessness.
39Mr Ball opined that you narrowly fall short of a criteria for a narcissistic personality disorder for which there is no treatment. He said you would present with a number of challenges in terms of safe management in the community. Your personality in isolation increases the risks of recidivism and you would benefit from a sex offender relapse prevention program under the auspices of correctional supervision.
40Although you completed the Mill and Clinical multiaxial inventory assessment you returned an invalid profile. You were evasive and guarded. You told Mr Ball, you were in poor general health, with prolapsed spinal discs and a knee injury as well as spondylosis in your lower back. You spend your time at the gym and at home playing video games.
41In March 2021 you were referred to Dr Sivaruban, a Psychiatrist, who wrote to the referring GP in these terms. You told him you were a special and liked to be in control, and do not care about others feelings. Due to relationship difficulties, you have been depressed for five years which means you feel generally numb, angry and irritable and rarely happy. You sleep badly, you have experienced some panic attacks and do not like confined spaces and crowds.
42
Your mother buys your groceries. You reported being manipulated sexually by a woman when young. You said you were afraid of rejection and abandonment and lacked any trust. You reported self-harm many years ago as a cry for help. At the time of the assessment you were on a correctional order imposed on 24 June 2020 for possessing child abuse material. This is not a prior offence but it forms part of relevant antecedent history. This also meant you were placed on a
Sex Offender Register for eight years.
43
Dr Sivaruban found you not to have overt delusions or perceptual disturbances but his impression was that you had a persistent depressive disorder and personality vulnerabilities of a borderline and narcissistic kind. He recommended
psycho-education and ongoing psychiatric review. He suggested an anti-depressant and psychological intervention, to which you agreed.
44Dr Sivaruban, also wrote another letter in July 2021 after review of your condition. You said you'd been sick with pain and pseudogout, but he found no change in your mental state. Some months before that in May Dr Sivaruban had written a letter of support for an application for the National Disability Insurance Scheme. He wrote you have complex mental health issues including a persistent depressive disorder and generalised anxiety disorder, complex trauma and personality disorder, these impairments you wrote, reduce your functional capacity in cognition, communication, learning, education, self-care and coping skills, that are permanent in all likelihood. He wrote however that this may vary in intensity due to the episodic nature of your mental illness.
45Your impairment was unstable because you would need support at different levels over your lifetime. Before turning to the report which I sought from Forensicare I note a medical report tendered to the court, one of May 2021 from an endocrinologist. He mentions lower spine discogenic disease, psoriasis, likely pseudogout of the liver and pseudogout.
46In June 2021, Dr Rodoni, a Chiropractor wrote of your lower back pain with lumbar disc bulging which required spinal manipulation. These are ongoing physical and psychological conditions which I take into account.
47
I then take into account the report from Forensicare dated 25 May 2022, by
Dr Graham Walker, Senior Psychiatric Registrarsupervised by
Dr Clare McInerney, Consultant Psychiatrist. They had available to them, the material I have just mentioned before, together with the summary of the offence and criminal record.
48Your personal circumstances remain as I described them above. As to your current mental state described the passive sense of anger towards others in particular which you suppress, although you ruminate about perceiving justice as an ill treatment. Physical ailments mean that you do not sleep well, your isolation was by choice although you mostly externalise the blame for this. You said that you were very focussed on self-improvement, both from a mental and physical perspective. You think you may have post-traumatic stress disorder, experiencing a sense of panic when unknown persons come to the door. You felt particularly anxious around females and tended to avoid interacting with them, fearing negative judgement and poor treatment.
49You have felt paranoia when outside, feeling chaos and unpredictability. You described to the psychiatrist at paragraph 25 your sexual thinking and behaviour describing it, 'as an ongoing battle to control your sexual urges.' You said you were not on any regular medication and medication you say in fact, has been of no benefit.
50You said you had seen a psychologist about 50 times over the last four years, the last time some eight months ago as part of the correctional order requirements. You said that over your life you had regularly self-harmed but had adapted harm minimisation strategies recently.
51As for the matter I am to deal with in this sentence, you said you barely recall it, as you have adapted, attempted to eradicate the memories of it. You said at the time you felt unstable and not in control of yourself. You spoke of the charges being based on a technicality. And you spoke disparagingly of Benita Garrett at paragraph 54 of the report, and gave some self-serving explanation of your conduct. You expressed a belief that you may have an undiagnosed sex addiction. Benita Garrett mental state examination had found no psychiatric symptoms such as paranoia, though broadcast or persecutory ideas. Your cognition seemed grossly intact. Memory impairment was not objectively observed. Although not keep to use psychotropic medication you were willing to explore treatment to reduce arousal.
52The opinion stated that there appears to be a self-perpetuating negative cycle of treatment throughout your life. You display evidence of narcissistic personality traits and a strong sense of anger and hostility and injustice. You exhibit a sense of grandiosity in your beliefs around how positively society should treat you, despite appearing to lack of degree of care for others. There are no obvious symptoms of manic or psychotic illness. A generalised anxiety disorder of longstanding may be present. The assessing psychiatrist did not believe you meet criteria for OCD or PTSD at the time. You have some traits of autism spectrum disorder. The psychiatrist's opinion was that it did not appear that mental illness was a significant contributing factor to your offending. And he could not diagnose compulsive sexual behaviour.
53You do not meet criteria for a diagnosis of narcissistic personality disorder while exhibiting traits of narcissism. The report suggests that it is difficult to predict, how you would respond to incarceration. It is likely that your level of stress and anxiety would increase with worsening depressive and anxiety symptoms, which is a reaction in many first-time prisoners with the possibility of engagement in self-harming behaviour or suicide attempts. Incarceration may lead to further fragmentation of the limited relationships you have in the outside world, although the experience of isolation may be a protective factor.
54You have expressed this possibility to be a trigger to retaliation and that you should be able to continue to address your issues in the community that would enhance your capacity for change and continue with the progress made. The report did expressly express that you do not appear to require psychiatric specialist care management, but that anti-depressant medication through your GP may be of benefit, despite your unwillingness.
55Further psychological treatment and assessment for autism spectrum disorder and personality disorder. An assessment by the Forensicare problem behaviour program and the successful completion of a sex offender relapse prevention program would be of assistance. To the writer you appeared to show commitment to self-improvement and actively be trying to make improvements, both physical and mental health. I take this and the other reports into account.
56Although Verdins principles were briefly mentioned during the plea, they were not elaborated upon at great length. However, this case calls for an analysis of these circumstances as they are viewed through the prism of these principles. In particular, whether your mental condition has a mitigating factor on the sentence. It may be relevant in a number of different ways. It may reduce moral culpability and in doing so effect the punishment that is just in all the circumstances and lessen denunciation as a relevant sentencing objective.
57The first question is whether in this context, the condition has contributed to the commission of the offence. As I have noted above the Forensicare report indicates that your mental illness was not a significant contributing factor to the offending. To the extent that it contributed it may explain your inability to understand the wrongfulness of your actions and to control your emotions. In my view this impact slightly on your level of culpability.
58Secondly, your mental condition may have a bearing on what sentence conditions are imposed and in this context, I again note the comments of Forensicare psychiatrists opinions stated above. When coupled with the fact that this would be your first experience in prison, this factor weighs heavily away from that disposition to the disposition of that adopted which will impose adequate conditions.
59I am to sentence you as a first offender for a non-penetrative offence of short duration with no violence or threats offered or used to perpetrate the offence at a time when you were a youthful offender. I shall return to this aspect in a moment.
60In my view, given the overall mental health picture, general deterrence while remaining relevant should be moderated by the third of Verdins limbs. Although, the fourth limb which relates to specific deterrence is also affected by this picture and should be moderated, aspects of your psychological makeup, what you have expressed in relation to your sexual conduct, your view of others feelings and rights, your disengagement from pro-social life, your apparent suppression of urges and apparent lack of self-control on the occasion of your offending, these aspects in my view require the specific deterrence remain as stated matter to be addressed by the sentence.
61This is made even clearer when your post-offence conviction is taken into consideration, involving as it does the possession of illicit material. It could not be said that your condition prevented you from exercising a choice between engaging in the offending and desisting from it. I accept the opinion, which bears on the fifth limb, that given your mental condition this may, on a term of imprisonment, weigh more heavily on you than it would on a person of normal health.
62I add to this consideration your physical difficulties to indicate that an alternative disposition is appropriate. Also given that there is a risk of adverse effect on your mental health as limb six indicates, which does in my view mitigate punishment.
63I have mentioned your youth at the time of the offending, that is a very relevant factor. You remain a young man and your youth is a factor which in my view brings into consideration the overarching policy of the criminal law in seeking to rehabilitate and reclaim the young offender for long-term protection of the community. In this context your mental health is relevant both to an assessment of the level of risk to the community, the most appropriate way in which you are to be rehabilitated. Ultimately, it is my view that all of these combined to answer the pressing question of whether only a prison term is the appropriate disposition to take into proper account of the sentencing principles which here apply to various degree of weight.
64In my view, the appropriate disposition is a correctional order.
65MR MOORE: Your Honour I wonder if I could interrupt I'm sorry to have to do this.
66HIS HONOUR: Yes, certainly.
67MR MOORE: But I am required to have a brief conference before this bail application starts. I wonder if I could be excused and - - -
68HIS HONOUR: Yes, thank you Mr Moore.
69MR MOORE: I'll be discussing the matter fully with Ms Eckersley this afternoon.
70HIS HONOUR: Yes.
71MR MOORE: So, I wonder if she can take over now?
72HIS HONOUR: Just before you leave, can I ask you one question and that is, do I remember correctly you two have submitted that I should extend the period of registration in this particular matter?
73MR MOORE: No, that's not my recollection Your Honour.
74HIS HONOUR: Fine.
75MR MOORE: My recollection is - sorry.
76HIS HONOUR: That's fine. No, that's fine. He's already on that register for the next eight years or so, so, I won't make any order in relation to that, extending that period.
77MR MOORE: I have a note Your Honour that the SORA, the Sex Offender Registration Act extending it was discretionary, in - - -
78HIS HONOUR: Yes. I think that's my recollection as well. I just wondered whether you had submitted to me that I, in the exercise of that discretion should extend it, but I think that's all you pointed out at the time, that it was discretionary.
79MR MOORE: Yes, Your Honour.
80HIS HONOUR: Yes, thank you Mr Moore.
81MR MOORE: I make that submission beyond that, thank you very much for accommodating me, Your Honour.
82HIS HONOUR: Thank you Mr Moore, thank you for making yourself available. I'll continue with the sentence.
83In my view the appropriate disposition is a correctional order with therapeutic and work component. It is now a well-established law that such an order has not only rehabilitative aspects but punitive aspects as well. As recently reiterated the community expects and needs the sentencing court to fashion dispositions which will minimise risks of reoffending. The link between risk reduction and rehabilitation is axiomatic. As is the paramount importance of rehabilitating young offenders.
84A correctional order obliges you to take responsibility for your life, while at the same time enabling intensive treatment conditions to be attached, designed to address the causes of the offending, and your psychological and psychiatric conditions. It demands that you take personal responsibility for your self-management and self-control, that you pursue treatment and rehabilitation, that you refrain from undesirable activities or criminal behaviour. This is not a soft sentencing option because it involves punitive sanctions, but leaves open a pathway for rehabilitation. See Buckley v The Queen [2022] VSCA 138, and Boulton v The Queen [2014] VSCA 342.
85To leave you with a mere prison sentence after which time you are released, admittedly on parole without substantive plan to rehabilitate you would be to expose the community and people in the community are particularly vulnerable people in the community to an undesirable and unsatisfactory risk.
86I had you assessed for a Community Corrections Order and you were found suitable. It was accompanied by an assessment of mental health advice and response service at the County Court of Victoria, much of which confirmed the earlier reports I have noted and recommended a mental health condition to reduce the likelihood of reoffending.
87You have provided verbal consent to undertake a Community Corrections Order.
88On the charge on which you have pleaded, you are convicted and sentenced to three years' Community Corrections Order. You will undergo assessment by Forensic Intervention Service and participating programs as directed for treatment and rehabilitation of your mental health. You will be under supervision, you must obey all lawful directions of correctional services and attend all appointments as provided and ordered by the service.
89You will undertake programs to reduce reoffending, including a sex offender program as directed. You will undertake 250 hours of community work. Fifty hours of your treatment and rehabilitation will be able to be credited to unpaid work. I will make judicial monitoring a condition of this order. That means you will return before me on a regular basis for me to be satisfied of your progress or not. You will report to Community Services in Ballarat within two days of today's sentence. During the duration of this order you will not commit any further criminal offences. If you do commit offences or you do not comply with conditions, you will be in breach of the order for which a penalty of imprisonment can be imposed and you would be resentenced on this offence at which point you would be at serious risk of a significant term of imprisonment.
90
What I have said today will be transcribed and should you be in contravention at any time in the next three years, I will remind you of what I said on this day and that you have exposed yourself to further punishment by way of imprisonment by not complying with this order. The first judicial monitoring will be on
27 January 2023 at 9.30 am. I expect you to turn up in court and to be told by the Correctional Services that you are abiding by every single condition and requirement which has been imposed on you.
91Paperwork will be prepared and your client Mr Thyssen will be asked to sign it in due course. Are the conditions of the order clear to you? Do you have any questions?
92MR THYSSEN: They're clear to me Your Honour I'll just check with my client? Yes, he does Your Honour, yes he accepts all conditions.
93HIS HONOUR: I want to reiterate without any doubt in your mind Mr Campbell, that this order requires you to comply with a number of conditions, I expect that you will abide by them. If in the next period of time, whether that be next year or the following you breach any of these conditions, that breach carries a penalty of imprisonment, as no doubt Mr Thyssen will advise you, and any resentence on this particular offence. Apart from taking into consideration what treatment and other services you've undertaken including unpaid community work, may put you at risk of imprisonment. Do you understand?
94OFFENDER: I understand, Your Honour.
95HIS HONOUR: Yes. I have a trial proceeding at 10.30, I will stand down.
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