Director of Public Prosecutions v Cheong

[2017] VCC 1262

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR 16-00223

DIRECTOR OF PUBLIC PROSECUTIONS

v

TERENCE CHEONG

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JUDGE:	HER HONOUR JUDGE LAWSON
WHERE HELD:	Melbourne
DATE OF HEARING:	1 September 2017
DATE OF SENTENCE:	1 September 2017
CASE MAY BE CITED AS:	DPP v Cheong
MEDIUM NEUTRAL CITATION:	[2017] VCC 1262

REASONS FOR SENTENCE
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Subject:Criminal law – sentencing – mental impairment – jury verdict of guilty to all charges – profoundly psychiatrically ill accused – Adjourned Undertaking without conviction – s8(1) Sentencing Act 1991 (Vic)

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms A. Ellis	John Cain, Solicitor for Public Prosecutions
For the Offender	Mr P. Kilduff	Stary Norton Halphen

1. These sentencing remarks should be read in conjunction with the sentencing remarks handed down on 23 September 2016 following the jury’s findings of guilt by majority in relation to two charges of burglary, one charge of attempted arson, one charge of arson and one charge of criminal damage.

2. The matter concerns offending that occurred on 5 June 2015 and the 15 June 2015. The charges all relate to two occasions when Mr Cheong attended Glen Waverley Secondary College. He entered the college without consent, damaged some property by fire and physically damaged various items of property.

3. At the time of the offending Mr Cheong was profoundly psychiatrically disabled and was suffering from an undiagnosed and untreated psychiatric illness.

4. His diagnosis remains unchanged. He suffers from schizophrenia which was first manifest in the psychotic episode that led to his offences. The illness occurs in the background of lifelong Autism Spectrum Disorder.

5. Since the time he was charged Mr Cheong has been released on bail with strict curfew conditions. He has continued to be effectively managed by Dr Simon Gillian, psychiatrist.

6. I am minded having regard to the particular circumstances of this case to place Mr Cheong on an adjourned undertaking without conviction.

7. I have had regard to the contents of the up to date report received from his treating psychiatrist, Dr Simon Gillian dated 30 August 2017 that confirms that Mr Cheong has made good progress, he is compliant with taking his medication and he accepts the support and care provided by the early psychosis team.

8. Dr Gillian considers with good adherence to treatment and follow up his level of risk is minimal. He has good prognosis but requires lifelong treatment and support.

9. In all other respects Mr Cheong is a person of good character. He has demonstrated since the time following his arrest and placement on strict bail conditions that he is capable of compliance and the important thing also is that he is compliant with his medication regime and treatment generally.

10. I consider that all of the matters that are referred to in s.8(1) of the Sentencing Act1991 are pertinent. 

11. It is a case that is striking in so far as it is unfortunate that he did what he did but his offending did lead to the proper diagnosis and treatment of his condition.

12. Mr Cheong has wonderful support from his parents whom I see in court again today and his care from Dr Simon Gillian and the people at the Box Hill early psychosis team has been exemplary in so far as achieving what they have achieved.  They have regularised his condition. He remains on antipsychotic medications and has made enthusiastic use of case management support from his therapeutic team.   

13. Mr Cheong obviously has good insight concerning his condition and so too do his parents. His parents are actively involved in treatment and in supervising and supporting Mr Cheong.

14. I consider to record a conviction in the circumstances of this case would just be punishment that is out of kilter with what is required for the circumstances. 

15. I propose to place Mr Cheong on an adjourned undertaking for 12 months.  The condition of the undertaking is that he be of good behaviour for the period of the adjournment and no conviction will be recorded.

16. I have explained to Mr Cheong the nature and purpose of the adjourned undertaking and he understands he would only be required to attend court in 12 moths time should he be requested to do so by the court staff. Provided he is of good behaviour in the meantime no further action will be taken.

17. He understood the proposed order and consented to it being made.

18. The formal court order on the charges of two charges of burglary, one charge of attempted arson, one charge of arson and one charge of criminal damage are that without conviction the matter is adjourned for 12 months on Mr Cheong undertaking to be of good behaviour during the period of 12 months.

19. Mr Cheong signed the Adjourned Undertaking.

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