Director of Public Prosecutions v Collins

[2016] VCC 763

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR 16-00074

DIRECTOR OF PUBLIC PROSECUTIONS

v

DALE COLLINS
NATALIE BOLTAR

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JUDGE:	HIS HONOUR JUDGE M.P. BOURKE
WHERE HELD:	Melbourne
DATE OF HEARING:
DATE OF SENTENCE:	1 June 2016
CASE MAY BE CITED AS:	DPP v Collins & Anor
MEDIUM NEUTRAL CITATION:	[2016] VCC 763

REASONS FOR SENTENCE
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Subject:
Catchwords:
Legislation Cited:
Cases Cited:
Sentence:

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms I. Barry
For Accused Collins	Mr R. Thyssen
For Accused Boltar	Ms J. Kennedy

HIS HONOUR: 

1Dale Collins, you are to be sentenced for two charges of armed robbery and one charge of intentionally causing serious injury.  Natalie Boltar, you are to be sentenced for one charge of armed robbery and one charge of robbery.  The maximum sentences are 25 years' imprisonment for armed robbery, 20 years' imprisonment for intentionally causing serious injury and 15 years' imprisonment for robbery.

2Dale Collins, you pleaded guilty in this court on 7 April 2016.  When interviewed by police on 20 January 2015, you made full admissions as to the first armed robbery you committed at a food store supermarket in Norlane on 19 January 2015.  As to the second incident of offending, in the early hours of 20 January at the home of Peter Rose in Bell Post Hill, after initially denying involvement you made admissions.  However, I find that you diminished your role and deflected blame to another man,  who was not there.   There was a contested committal on 25 January 2016.  However, you entered a plea of guilty to the Norlane armed robbery.  You pleaded to lesser offences as to the Bell Post Hill incident.  The matter was listed for trial at the Geelong County Court sittings in April of this year but resolved.  As stated, you pleaded guilty to these offences on 7 April.

3Natalie Boltar, you pleaded  guilty before me on 24 May.  When interviewed by police on 25 January 2015, you made admissions about both the Norlane armed robbery and the robbery at Peter Rose's Bell Post Hill home.  Your committal was listed for contest but went by hand-up brief.  You pleaded guilty to these offences on 25 January 2016 and the matter was listed in this court for plea hearing.  I note that, as early as June 2015,  you had offered to plead to offences to a large extent reflecting these now before me. 

4You both receive the benefit of your pleas of guilty, the timing and circumstances of them and the level of co-operation those short histories of your respective proceedings show.  Both plea hearings ran on 24 May. 

5Mr Lewis, for the Crown, tendered a written prosecution opening, photographs of the knife used at the Foodstore, Norlane armed robbery and the victim impact statements of Peter Rose.  Mr Thyssen, for you, Dale Collins, tendered certificates related to rehabilitation programs undertaken by you in remand custody, or in custody, the psychological report of Gary McMullen dated 18 January 2015,  just prior to this offending, and your own letter to the court. 

6Ms Kennedy, for you, Natalie Boltar, tendered a large number of similar certificates related to programs in remand custody, negative urine test results, together with Narcotics Anonymous attendance records also at remand, the progress report of Briannon Ellis, case manager at the Geelong Magistrates' Court Credit Bail Program, dated 25 January 2016,  and the letter of Jo Whitford of VACRO, Victorian Association for Care and Resettlement of Offenders.

7The circumstances of your offences are comprehensively set out in the tendered Crown opening, which is Exhibit A.  There are two incidents of offending.

8At about 10 am on 19 January 2015 you both drove to Foodstore, Norlane. You, Natalie Boltar, went inside armed with what is described as an oriental knife.  As earlier stated, photographs are tendered in evidence.  You were disguised, albeit somewhat roughly.  You, Dale Collins, remained in the car.  You, Natalie Boltar, approached the female shop attendant, Cara Pape, aged 27.    The Crown opening states: 

"Boltar produced a knife and said, 'Give me what you have got and the money.'

Pape stood back from the counter and Boltar said, 'You have ten seconds to give me what you have got.'  Boltar then walked behind the counter to the register.  She pointed the knife at the victim and said, 'Give me what you have got or you will get it.'  The victim opened the register, removed cash from the till and put it in a bag that Boltar was carrying.  Boltar also removed cash and put it in her bag.  Boltar then walked out of the store.  As she was leaving, she said to the victim, 'I will find out where you live.'  Boltar ran back to the Magna, where Collins was waiting.  They then drove away from the scene.  The total amount of money stolen was between $700 and $1,000."

9The general circumstances of the second incident of your offending is set out in my sentence of your co-offender, DJ Hancock, whom I sentenced on 6 April this year.  The need to consider parity between particularly you, Dale Collins, and Hancock, makes appropriate that I repeat some of that.  The narrative is addressed to Hancock.

"In the late afternoon of 19 January 2015, you were in the company of Natalie Boltar, Dale Collins, Kevin Gates and Danielle Strong.  You were driving about the Geelong area.  You were aged 21 and the others, as best discerned, are similarly aged.  Collins owed money for drugs and you were looking for a suitable vehicle to steal and sell or sell parts.  The main movers, and ultimately planners of what happened, were Collins and Boltar.  I accept that you had been heavily using drugs including methylamphetamine.  You state that you had not slept for two weeks. 

At about 5.30 pm Boltar and Strong went to the front door of victim, Peter Rose's home pretending to seek directions.  Your group then left but planned to return and steal his Holden utility.  There was discussion of the need to arm and, if necessary, deal with Rose physically.  At about 1 am on the 20th, you, Boltar and Collins, returned to his home.  The power was tuned off at the external power board. 

Paragraphs 6 and 7 of the Crown opening state as follows:

'The victim woke up at about 1 am on his couch in the lounge room and noticed the power going off.  He grabbed a torch and went outside to see what was going on.  He went out the back door.  He noticed a person come out from behind a thin tree in his yard and he was immediately hit from behind over his head with a metal baseball bat.  He noticed at least two males wearing dark clothing, yelling at him.  He was being repeatedly struck to the head, back, shoulder and arms as he was trying to protect his face and body.  He thought that he was going to be killed and he was screaming for help.  He believes he lost consciousness a few times.  He was in a lot of pain and his face and head were bleeding.  He was trying to get up off the ground, but each time he tried to get up he would be hit.  You', meaning Hancock, 'stated to police in interview that you struck Peter Rose with a metal baseball bat at least eight times to his back and head.  You did so, you said, to stop him getting up.  That was your directed role.

It is conceded by the Crown that you were not the only person to so strike him.  You, and at least Collins, went into the house and took a wallet, cash and keys to the utility.  You drove away leaving Peter Rose badly hurt in his front yard.

Paragraph 10 of the Crown opening states the injuries inflicted upon him. 

'The victim suffered severe lacerations and bruising to his head, arms, shoulders and back.  He suffered fractured facial bones and eye socket.  He lost his right eye.  With it being so badly damaged, the surgeon had to remove it.  The victim suffered fractures to his hands and wrists, as well as extensive bruising, and swelling to his back, shoulders, arm and leg.  He remained in the Geelong Hospital for 11 days before being transferred to the Grace McKellar Centre for Rehabilitation.  He did not return home until 20 February 2015.  He requires further surgery to repair his eye socket and facial bone and to have a prosthetic eye fitted.' 

Later, on 20 January the utility was recovered, with the hardtop said to be the feature motivating the plan to steal, tailgate, tail lights and front grille missing.’”

10I bear in mind that this summary of circumstances apply to the proceeding against Hancock.  Dale Collins, at your plea hearing the Crown did not put that you personally struck Peter Rose.  In the Crown opening here, there is reference to one baseball bat.  Your criminality on both offences, armed robbery and intentionally causing serious injury, is that you were part of the joint plan or enterprise to commit those crimes.  That applies also to the earlier armed robbery at Norlane.   The question of whether you two were the main movers or planners at Bell Post Hill was not raised at the plea hearing.  I make no finding on that. 

11Natalie Boltar, it is not put that you, although complicit and active in the preparation and planning for a robbery against Peter Rose, knew of the presence of the weapon.  You are to be sentenced for robbery.

12No victim impact statement by Cara Pape has been tendered.  I was directed to her statement and that of another witness which evidence her distress and fear.  She states that she felt that you, Boltar, would have used the knife.

13I made reference to the victim impact statements of Peter Rose in my sentence of Hancock, and I repeat that. 

"I have carefully read the victim impact statements of Peter Rose.  He will not get back vision of his right eye.  His first statement dated 27 May 2015, and therefore about four months after the offending, explains the far-reaching effects of that loss of vision.  It affects many aspects of his life.  This includes day-to-day tasks such as cooking, cleaning and other self-care important activities, such as reading, and his hobbies of drawing and model kit construction are impaired.  Corrective lens are necessary given formerly weak sight in his left eye.  There is also the pain and distress of facial and bone damage to his eye socket.  Surgery has been necessary, and as at November last year more was pending.

There were other significant injuries: a broken nose, serious head and scalp lacerations, bruising and related concussion.  These have caused pain, headaches and distress.  Memory has been affected, requiring work with a psychologist.  There were extensive defence injuries to his hands, arms, shoulders and upper back, all causing pain and requiring rehabilitation.  Osteoarthritic symptoms in his knees and ankle were aggravated, causing pain and feared loss of mobility into later life. 

Emotional and psychological effects have also been extensive.  There are symptoms of post-traumatic stress disorder, problems with sleep, anxiety and hypervigilance.  There was a difficulty returning to his home.  There has been a loss of trust and a feeling of safety.  There is anger and fear for the future.

Financial costs have included being unable to return to employment, medical costs not covered by insurance and necessary adaptations to home security because of vision loss. 

Peter Rose's more recent statement of 16 November 2015 states some slow improvement.  The problems related to sleep, dreams and distrust have continued.  He had still not returned to work.  Many of the symptoms stated in the first statement remain.  There have been three operations and other surgery is possible.  Peter Rose's view of life and people has been affected.

I have not been complete.  The victim impact of your offence has been very considerable and must be taken into account in my sentence of you."

14Peter Rose has recently returned to work,  but confronts difficulties in that, and has had surgery to receive a prosthetic eye.  He presents as a resilient man who is trying hard to repair his life. 

15As with Hancock, the victim impact of your offending must be taken into account in my sentence of you.

16Dale Collins, you are a 25 year old man, presently  placed in custody.  You were 23 at time of offending.  You were born and raised in Queensland and have two sisters and a half-brother.  Your mother died when you were seven and this had a strong impact upon you, described in Mr McMullen's report.  Your childhood was marred by violence towards you by your father.  There were placements in foster care. 

17You left school at or after Year 10 and since have worked in labouring jobs,  with your father on cable maintenance, in concreting and car repairs.  More recently you have done some furniture removal work in Victoria.  You had a good job in mines in Queensland;  but left that when your relationship with a woman, whom you thought the mother of your child, broke down.  Mr Thyssen told me that you returned home from work to find your partner and child gone.  Later DNA testing suggested that the child, now five, is not your child.   However, you remain uncertain.  You have no contact.

18Your father and sister attended court in support of you.

19You began using cannabis at about 11.  You have since abused alcohol and other drugs.  Ice amphetamine has become a major problem.  That escalated, Mr Thyssen said, after the breakdown of your relationship.  Like Hancock and Boltar, you had been heavily using ice amphetamine in the days or weeks prior to the offences. 

20Forensic psychologist, Gary McMullen, states that you suffer conditions of post-traumatic stress disorder, depression and attention deficit hyperactivity disorder.  I quote from the last paragraphs of his report.

"His", meaning you, "suicide risk is of the highest order.  Should a custodial sentence be considered appropriate, he will require an immediate full appraisal by a psychiatrist and proper treatment and support.  It may be best that he be hospitalised initially, because I understand the difficulties of providing comprehensive care in the prison mainstream. 

Due to his multiple mental health issues, I believe that a period of imprisonment would weigh more heavily upon Mr Collins-Banks than the average prisoner." 

21I accept that because of your psychological condition  prison will be more difficult for you.  In prison you receive medication for anxiety and depression. 

22The criminal record filed with your indictment states, between February 2010 (when you were 18), and June 2013, four court appearances.  They represent three proceedings,one appearance being an appeal from a Magistrates' Court sentence.  Most significantly, you were sentenced in 2010 to youth justice centre detention for offences including recklessly causing serious injury.  There are other less serious matters of dishonesty and violence. 

23Mr Thyssen took me to your custodial situation from the time of this offending. On the day following 21 January 2015 you were sentenced to 19 months' imprisonment with a minimum term of 12 months.  That was for a serious assault upon a man who was the father of a former girlfriend.  Mr Thyssen stated, I presume on your instruction, that the foundation of your offence was excessive self-defence.  You were not released on parole at the end of that minimum term because of this then pending matter.  Parole was denied.  I estimate that the minimum term ended in January of this year.  I must apply the principle of totality to this sentence.

24These were two events of serious offending, particularly the savage attack upon Peter Rose in his home.  It was brutal, cowardly and has left him badly damaged.  You were not the actual perpetrator but were complicit in the two offences  to rob, using that weapon, and intentionally to seriously hurt him.  Your intoxication and drug dependence does not reduce your moral culpability or the criminality.

25As to both incidents of offending, the sentencing considerations of deterrence, both general and specific deterrence, your moral culpability and the need both to condemn the offending and impose punishment proportionate to it are relevant.  There must be a substantial sentence of imprisonment.

26I take into account moderating factors.  These include the following:

(1)       Your plea of guilty and co-operation.

(2)       Your personal history and circumstances.  This includes your    psychological conditions and the damaging effects of your childhood.                   For example, like Hancock, whose early life was highly dysfunctional,          you were introduced to drugs very young and in a context of   disadvantage not of your doing. 

(3)       Related to that, you are still relatively young.  One cannot be optimistic          about rehabilitation, at least in the short term.  However, given your age,        I still sentence you bearing in mind prospects for, and the desirability of         it.  You are able to live with your sister upon release. 

27As was raised in the plea hearing, this is a case in which I should apply the principle of parity, that is, particularly between you and Hancock. 

28There are differences between you, both favourable and unfavourable to your position.  Hancock was slightly younger, his criminal record greater, his background particularly disadvantaged, his plea earlier and level of co-operation and candour in interview greater.  You face two incidents of offending.  He personally inflicted at least most of the shocking injuries upon Peter Rose, as raised by Mr Thyssen.  That is somewhat undermined by the nature and consequence of your complicity.  I repeat that your joint enterprise included the intentional causing of serious injury. 

29However, I find there is also strong similarity between you.  The principles which lie behind the parity principle, in my view, require a broadly similar treatment of you.  There is perhaps some moderation of your individual sentences, for example, because of totality, but you must be sentenced with some cumulation for the first armed robbery.

30Before I proceed to formally sentence, I have only realised, and I do not think it was raised, that this offending must have occurred whilst he was on bail.

31MR THYSSEN:  That would be the situation, yes, Your Honour.

32HIS HONOUR:  Yes.   That's an adverse feature which I did take into account because of the juxtapositional closeness of the two dates, but I hitherto haven't addressed the issue of s.16(3c) which, on its face, requires cumulation.  I think the principle of totality between the individual sentences require that I only partially cumulate, and my realisation of the situation has not caused me to add any further to that cumulation.

33MR THYSSEN:  Yes, Your Honour.

34HIS HONOUR:  All right.  You don't want to say anything about that?

35MS BARRY:  No, Your Honour.

36HIS HONOUR:  All right.  Stand up, please, Mr Collins.

37You are sentenced as follows:

38On Charge 1, the armed robbery at the food store at Norlane, you are sentenced to three years' imprisonment; on Charge 2, the armed robbery at Bell Post Hill, to four year's imprisonment; on Charge 3, intentionally causing injury to Peter Rose, you are sentenced to five and a half years' imprisonment.  I direct 12 months of the sentence for Charge 1 and six months of the sentence for Charge 2 be served cumulatively on Charge 3 and on each other.  That is a total effective sentence of seven years.  I set a minimum term before eligibility for parole of four and a half years.  I declare one day of pre-sentence detention.

39Had you not pleaded guilty, I would have sentenced you to ten years' imprisonment with a minimum term of seven years. 

40Sit down, please.

41What are the other matters that I need to deal with?  Are there any?

42MR THYSSEN:  I don't think so.

43MS BARRY:  No, Your Honour.

44HIS HONOUR:  A sample has been taken ‑ ‑ ‑

45MR THYSSEN:  It's already been done, profiled ‑ ‑ ‑

46HIS HONOUR:  Mr Collins can be taken into custody now.  He may wish to briefly speak to his sister and father.  If that could be done quickly, I will wait here whilst that happens.  Mr Thyssen, would you, at a distance, make sure that it is only a brief interaction?

47Natalie Boltar, you are aged 21 and have no prior convictions.  You are presently in remand custody at the Dame Phyllis Frost Prison awaiting this sentence.  No, you can sit down for the moment.

48You were raised in the Geelong area.  You have two older brothers and one older sister.  You attended school until Year 10 and have since worked variously in takeaway food shops, in a milk bar, as a kitchenhand and waitress.  Your parents separated when you were 17.  Not long after that you fell out with your mother and lived for a time on the streets.  Your volatile relationship with your mother and difficulty establishing long-term accommodation have been ongoing problems and continue to be so.  You lived for a time with your sister in Cranbourne.  This lasted about two years until the lease ran out.  You were again itinerant and at about this time, 18 or 19 years, you began to use drugs.  There have been since unsuccessful reconciliations with your mother, your drug use causing difficulty for her.

49At the time of this offending you had been in a relationship with Dale Collins and, like him and Hancock, were using methamphetamines heavily.  I was told that you were effectively homeless.

50Your custodial situation since offending is also relevant.  You were remanded upon being charged with this offending.  You resumed contact with your mother whilst in custody in about May or June following.  You were sentenced to 35 days' imprisonment for another offence, robbery, on 27 June 2015.  You were bailed on these matters before me in October and lived with your mother.  That again failed.

51You were remanded for other charges on 12 April 2016 and then sentenced on 19 April to 42 days for those offences, shop thefts.  On 4 May, on your application, bail on these matters, those before me, was revoked.  On my reckoning, your release or expiry date for 19 April sentence was 31 May.  Yesterday I was corrected about that.  It was 24 May. 

52Pre-sentence detention applicable to this sentence is 238 days. 

53In such circumstances, I must also apply the principle of totality to my sentence of you. 

54It appears that you have used your periods of custody well.  A large number of certificates related to prison education and rehabilitation programs have been tendered. 

55When bailed in October 2015, you entered a bail credit program associated with the Geelong Court.  A 25 January 2016 final progress report by Briannon Ellis, your case manager in the program, states things to be going well.   There had been drug and alcohol and psychological counselling and treatment for conditions of depression and insomnia.  You had, until recently, been living and working with your mother.  You reported that you were drug-free.  It appears that you left the program.  Things deteriorated after that.

56A letter dated 16 May 2016 by Jo Whitford of VACRO has been tendered.  It speaks of some assistance that can be given to you after release.  Ms Whitford also states that safe and appropriate accommodation is important to your rehabilitation and well-being.  That accommodation has not been sourced. 

57You face sentencing for serious matters.  The armed robbery upon Cara Pape was frightening.  Some of what you said was particularly menacing.  Similarly to Collins, your intoxication and drug dependence does not reduce your moral culpability or criminality.  As stated earlier, it is not put that you were privy to the use of a weapon upon Peter Rose.  However, you were particularly active in preparation and reconnaissance of him and  his situation.  You raised the likely need to deal with him physically.  This was a serious example of robbery.

58As in the cases of Collins and Hancock, the sentencing considerations of deterrence, your moral culpability, denunciation of the offending and the need for proportionate punishment are relevant.  There must be a sentence which at least includes immediate imprisonment.

59There are moderating factors.  They include the following:

(1)       Your plea of guilty and co-operation.

(2)       You have no prior criminal record.

(3)       At 21, you are young.  There is a need to assist your rehabilitation.  You have shown, on bail and in custody, some capacity to benefit by   assistance.  As stated in my sentence of Hancock, in cases of very                   serious offending and the need for proportionate punishment,   rehabilitation may become in the balance a less powerful consideration.               However, I see it remaining as a relevant purpose in your case.  As                 stated, stable and prosocial accommodation is important to that when         you are released.

60Parity with the other offenders is not as dominant a principle in your case.  Differences between you, Collins and Hancock, include your lack of prior criminal conviction and the lesser offence of robbery committed against Peter Rose.  The other two men face sentences for both armed robbery and intentionally causing the serious injury that he suffered.

61Ms Kennedy put on your behalf that I should impose a combined sentence of imprisonment and then release you on a community corrections order.  The Crown did not oppose that in principle.  Consideration of your case at and since the plea hearing led me to the view that this is the appropriate sentence, although such a sentence should require some further period in custody.

62On 24 May I requested a pre-sentence report as to your suitability for a community corrections order.  However, that report has found you not suitable.  Those matters were raised in discussion this morning before I began these sentences.

63As a remark, not part of my sentencing reasons, it is regrettable indeed that people can be placed after release from prison on orders aimed at rehabilitation and do not have a place to live.

64Stand up, please.

65You are sentenced as follows:

66On Charge 1, armed robbery, you are sentenced to nine months' imprisonment; on Charge 2, robbery,  you are sentenced to nine months' imprisonment.  I direct that three months of the sentence for Charge 2 be served cumulatively upon the sentence for Charge 1.  That is a total sentence of 12 months.

67I declare a pre-sentence detention period of 238 days.  Combined with that, you are placed on a community corrections order of two and a half years' duration.  That will commence upon your release from prison. 

68The usual terms apply.  There are the following special conditions: that you be under supervision; that you perform 400 hours of unpaid community work during that period as directed; that there be drug assessment and treatment; that there be mental health treatment and that you attend offending behaviour programs as directed; and that there be judicial monitoring by me.

69Sit down, please.  We will print out that order. 

70I make the date of release to be about four months from now; is that right, Ms Kennedy and Ms Barry?

71MS KENNEDY:  Yes, Your Honour.

72HIS HONOUR:  So what do we call that?  Just an approximate date will do.

73MS KENNEDY:  October.

74HIS HONOUR:  The first of July, August, September - October, is it?

75MS KENNEDY:  Yes, October.

76HIS HONOUR:  All right.  Judicial monitoring should be a month after that.  I would like to find out where she is living.  So the first judicial monitoring will be 1 November.  Will I be here?

77ASSOICATE:  First of when?

78HIS HONOUR:  November.

79MS BARRY:  Your Honour, I believe you're in Geelong from 21 November, if that ‑ ‑ ‑

80ASSOICATE:  First of November is Melbourne Cup Day.

81HIS HONOUR:  The 2 November may be a Parole Board day.  It often is, Melbourne Cup Day, but we'll make it the 3rd.

82ASSOCIATE:  (Indistinct words).

83HIS HONOUR:  Do you reckon?  All right, we will make it the 2nd, then.  I'm in Melbourne, yes?  I'm in Melbourne.

84ASSOCIATE:  Yes.  Yes, sorry, at Melbourne.

85HIS HONOUR:  I will hand this - whose is this? 

86MS KENNEDY:  The marked copy is mine, Your Honour.

87HIS HONOUR:  I note the annotation.

88MS BARRY:  Your Honour, I did have disposal orders to hand up.

89HIS HONOUR:  Yes, I will deal with ‑ ‑ ‑

90MS BARRY:  I apologise, I had not done that earlier.

91ASSOCIATE:  Is that for Boltar?

92MS BARRY:  Yes, for Ms Boltar. 

93HIS HONOUR:  We can deal with those now.  What is it, the knife, is it?

94MS BARRY:  Yes, Your Honour. 

95HIS HONOUR:  I will sign those now. 

96MS KENNEDY:  Sorry, in regards to 6AAA in relation to Ms Boltar.

97HIS HONOUR:  Yes, I've got it here.  I would have imposed a sentence of four years with a minimum term of two and a half years.  That is four with a two and a half.

98MS KENNEDY:  Thank you, Your Honour.  Your Honour, I will just clarify that notation wasn't about you, it was what you said.

99HIS HONOUR:  No, no, I don't - no, of course it wasn't about me, it was quoting me.  People with healthy egos always like to think they're quoted.  Thank you.  Yes, stand up, I want to tell you what this order means.

100It means that it begins upon your release from prison, which is about four months from now.  It runs for two and a half years.  You must attend at the Geelong Community Corrections Office in Little Malop Street within two clear working days after you are released.  I believe you are going to get some assistance in that.

101The usual terms are that you do not commit another offence for which you could be imprisoned during that time.  If you did, you would come back before me to be resentenced for these.  You must comply with what is described as Regulation 17 of the Sentencing Regulations.  That means you may not attend any program, worksite or the like affected by alcohol or drugs or in possession of illegal drugs.  You must report to and receive visits from the Community Corrections people.  You must let Community Corrections know within two clear working days of a change of address or job.  You must not leave Victoria without getting permission to do so from Community Corrections.  You must obey all lawful instructions and directions of Community Corrections.

102The additional conditions are that you perform 400 hours of unpaid work over that two and a half years as directed; that you must be under the supervision of Community Corrections; that you undergo assessment and treatment, including testing for drug abuse or dependency, as directed; you must undergo mental health assessment and treatment as directed; you must participate in programs that address factors related to the offending as directed; and you must attend for review before me on 2 November 2016 at 10 am at Melbourne County Court.  Do you understand that?

103OFFENDER:  Yes.

104HIS HONOUR:  Do you agree to it?

105OFFENDER:  Yes.

106HIS HONOUR:  I will get you to sign it.  My staff can take that down. 

107(Community Corrections Order signed and acknowledged.)

108Is that it?

109MS BARRY:  I believe so, Your Honour.

110HIS HONOUR:  Yes, I'm sorry it was such a long day for a sentence.  Thank you for your assistance.

111Ms Boltar can be taken into custody now.  There is nobody here to personally support you, although I notice Ms Whitford has been here, so you can be taken straight into custody.

112If you give a copy to Ms Kennedy, she will forward it to her.

113MS BARRY:  Yes, Your Honour.

114HIS HONOUR:  All right.  There is nothing else I need to do?

115MS BARRY:  No, Your Honour.

116HIS HONOUR:  My regards and best wishes to you, sir, for the future. 

117VOICE (from body of court):  Thank you, Your Honour.

118HIS HONOUR:  Your demeanour and approach has been admirable.  Good luck to you.

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