Director of Public Prosecutions v Cooper

Case

[2022] VCC 736

25 May 2022

No judgment structure available for this case.

IN THE COUNTY COURT OF VICTORIA

AT MELBOURNE

CRIMINAL DIVISION

Revised
Not Restricted
Suitable for Publication

CR 19-02415
CR 19-02416

DIRECTOR OF PUBLIC PROSECUTIONS
v

JACOB COOPER
LEVI CLARKE

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JUDGE:

HER HONOUR JUDGE KARAPANAGIOTIDIS

WHERE HELD:

Melbourne

DATE OF HEARING:

17 May 2022

DATE OF SENTENCE:

25 May 2022

CASE MAY BE CITED AS:

DPP v Cooper & Anor

MEDIUM NEUTRAL CITATION:

[2022] VCC 736

REASONS FOR SENTENCE
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Subject:CRIMINAL LAW – Sentencing.

Catchwords:              Plea of guilty – Aggravated burglary – Common law assault – Possession of a drug of dependence – Co-accused – Youth – Guarded prospects of rehabilitation – Moderated moral culpability – COVID-19 pandemic.

Legislation Cited:      Sentencing Act 1991 ss6AAA; 18.

Cases Cited:Azzopardi v The Queen (2011) 35 VR 43; Bugmy v R (2013) 302 ALR 192; DPP v Meyers [2014] VSCA 314; R v Mills [1998] 4 VR 235; Worboyes v The Queen [2021] VSCA 169.

Sentence:                  CLARKE: 244 days imprisonment

COOPER: 1 day imprisonment and 18 month Community Corrections Order

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APPEARANCES:

Counsel

Solicitors

For the Director of Public Prosecutions Mr F. Cameron Office of Public Prosecutions
For Accused Cooper

Ms E. Strugnell

Victoria Legal Aid
For Accused Clarke Mr A. Waters Victoria Legal Aid

HER HONOUR:

1Levi Clarke and Jacob Cooper, you have both pleaded guilty to a charge of aggravated burglary, which is punishable by 25 years' imprisonment.  In addition, Mr Cooper, you have also entered a plea of guilty to one charge of common law assault arising out of the same incident, and one charge of possess drug of dependence.  Common law assault is punishable by five years' imprisonment and possess drug of dependence by five penalty units. 

Circumstances of the offending

2The full circumstances of your current offending are set out in the summary of prosecution opening dated 23 May 2022.

3In brief, on 27 February 2019, you Mr Cooper, were at your home address in Hadfield with your friend and sentenced co-accused, Ji Gower.  Meanwhile, you Mr Clarke, were at your house with your girlfriend Brianna Secoulidis.

4At 11.14 pm, you Mr Clarke, began exchanging a number of text messages through Facebook Messenger application with Mr Gower.  In these messages, Mr Gower suggested meeting up and you Mr Clarke asked him if had something in mind, to which he responded 'Burg' and 'Dealers'.  Later, in the early hours of the morning you Mr Clarke sent Mr Gower a text message saying, 'Coming do you have tools' and he responded, 'Yeah, meat cleaver'.  You replied with 'tool not weapon' and Mr Gower responded, 'Nah, nothing don't need them anyway.' 

5At 2.43 am, you Mr Clarke attended at Hadfield and picked up Mr Cooper and Mr Gower.  At 3.15 am, the vehicle the three of you were travelling in was parked outside of 129 Langton St, Jacana.  All three of you exited the vehicle.  You both remained as look out whilst Mr Gower approached the front door, walking past a ute and Toyota Kluger in the process.  Despite Mr Gower approaching a house which appeared to be occupied, neither of you left the scene. The security door was unlocked and Mr Gower used force to open the front wooden door, which was locked at the time, causing some damage.  Mr Gower, who had his face covered with a bandana, entered the premises armed with a knife or meat cleaver.  Neither of you knew or were aware that Mr Gower had taken that weapon with him in the car.  By this stage, one of you joined Mr Gower on the porch of the house and was standing immediately behind him.  Mr Gower was confronted by two residents and said to them, 'Give me the fucking keys.'  The residents grabbed a chair and a bottle of vodka to push Mr Gower out of the premise.  Mr Gower resisted these efforts and continued in his demands. 

6After a short struggle, Mr Gower and the accused who had previously joined him on the porch area departed from the address.  You, Mr Cooper, started walking down Langdon Street.  At some point, you Mr Clarke ran back to and entered the vehicle which was being driven by Ms Secoulidis and told her to 'just drive'.

7Victims Enuakie and Lucky chased Mr Gower and you Mr Cooper from their residence.  Mr Enuakie caught up to you, Mr Cooper.  You were holding your mobile phone and Mr Enuakie asked you to give it to him so that he could give it to the police.  You punched Enuakie once to the face with a closed fist to the left eye with the hand that was not holding the mobile phone and then ran off.  The men returned to their home where they met police. 

8You Mr Cooper were intercepted in an Uber vehicle.  You were searched and police located one zip lock bag containing 1.1 grams of cannabis out of your shoe.  You were arrested at the scene and then taken back to the police station and interviewed.  You admitted to being present but told police that you did not go into the house but you stopped the person who did and you made him run.  You said your friend was being silly and was about a house away from you.  You heard noise and went to the front porch and pulled them away.  You Mr Clarke were interviewed by police on 1 April 2019 and made a no comment interview.

Gravity of the offending

9The seriousness of your offending is reflected in the maximum penalties set by Parliament for aggravated burglary.  

10I consider the following factors to be relevant to an assessment of the gravity of your offending:[1] It is not alleged that either of you actually entered the house or at least beyond the threshold of the house; on the evidence, it is likely that one of you – it is unknown precisely who – did not approach the house at all; although your co-accused Mr Gower was armed, neither of you were armed or had knowledge of his possession of a weapon at the time; the entry occurred in the early hours of the morning; there is no evidence that the occupants of the home were frightened of you, that is, at least prior to this incident. 

[1] DPP v Meyers [2014] VSCA 314.

11The prosecutor, Mr Fraser Cameron, properly and fairly submitted that the circumstances of the offending indicate that Mr Gower was the principal offender and had largely 'gone rogue'.  When things went pear-shaped, you Mr Clarke and Mr Cooper left pretty quickly.  Mr Gower made the decision to carry a knife or meat cleaver without the knowledge of either of you.  As was discussed at the indication hearing, on one view of the facts, you Mr Cooper at one point grabbed Mr Gower taking him away from the house, mitigating the extent of your involvement in the offending. In relation to you Mr Clarke, your counsel submitted that there was no evidence identifying you as the one who approached the door.  I accept that you and Ms Secoulidis, who was driving the car, left the scene very quickly and before the occupants of the house exited their house. 

12Also, Mr Clarke, it was acknowledged by the prosecutor at that indication hearing that a relevant factor further mitigating your involvement was that the messages indicate that while you agreed to commit a burglary with Mr Gower, you actually persuaded him not to use or take any weapons.  I also accept and take into account in relation to you, Mr Cooper, some of the text messaging communication with Mr Gower where you made some attempt to persuade Mr Gower not to get into trouble and you told him that you were with your partner and young children.  In your interview with the police, you said, 'I don't know what the plan was.  I said ‘I don't want to go.  We'd get into trouble’.  Like, I haven't been in trouble for a long time.  I've been good.  I always got in trouble as a kid.'

13Mr Cooper, you also face the additional charges as I have already referred to of common law assault and possess drug of dependence.  The drug charge involves your possession of a small quantity of cannabis.  In relation to the common law assault, while your conduct in assaulting Mr Enuakie was unacceptable, on the evidence I accept it was likely an evolving situation and it occurred when you were trying to leave. I note that it was not a continuous or protracted assault. 

14I also consider that given the application of Bugmy principles in both of your cases that your moral culpability for the offending is reduced which I will return to shortly.

Victim Impact

15I have not received a victim impact statement from the occupants of the home or from Mr Enuakie though I expect that your offending would have been frightening to them.  Mr Enuakie in his police statement unsurprisingly says that he was feeling really upset and shocked with what happened and it made him and his family feel unsafe. 

Plea of guilty and remorse

16Notwithstanding that your cases resolved only after a sentence indication listed on 19 May 2022, I regard your pleas of guilty to have been entered at the earliest opportunity given how the matter has resolved.  You Mr Clarke offered to plead guilty to the charge of aggravated burglary in its current form back in February 2021.  While you Mr Cooper did not make such a clear offer, you never really contested the charge in its current form, given the significant admissions you made in your record of interview.

17I accept that your pleas of guilty represent an acceptance of responsibility and demonstrate remorse.  I also accept that your pleas are of high utilitarian value and particularly valuable in circumstances where there is a large backlog of cases in this court.  I accept your counsel's submission that a significant discount is warranted for the utility in facilitating the course of justice during the COVID-19 pandemic.[2]

[2] Worboyes v The Queen [2021] VSCA 169.

Personal circumstances

18Both your counsel helpfully outlined your personal backgrounds. 

19Mr Clarke, you are now 22 years of age, born in May 1999.  You are a Barkindji man, identifying with your cultural heritage through your mother.   

20Your childhood was marred by substance use, instability, neglect and trauma as outlined in the report of Ms Gina Cidoni of 31 December 2020.  Both your parents struggled with addiction issues.  You have two sisters.  Your mother passed away in 2015.  The traumatic circumstances surrounding this are detailed in Ms Cidoni's report and I will not repeat them here.

21The Department of Human Services became involved with your family when you were only around seven years of age, having received a number of welfare notifications.  At one stage, you were placed on an interim accommodation order with an aunt. 

22Your schooling was unstable and limited and you were expelled due to behavioural issues in Year 9.  You were first placed in Parkville Juvenile Justice Centre at 12 years of age.  At 13, you were diagnosed with PTSD as a result of childhood trauma.  You have previously been diagnosed with Oppositional Defiant Disorder.  You have also previously been prescribed a range of medications including anti-depressants and anti-psychotics. 

23You have completed in the past some bricklaying work with family members.  Since coming into custody, you have undertaken some welding work, obtained a white card, stop/go certificate and have drafted a resume.  You are hopeful of obtaining a bricklaying apprenticeship. 

24You have abused drugs from a very young age and you were first introduced to ice at the very young age of 13. You have had episodes of drug-induced psychosis which involved auditory and visual hallucinations. 

25Prior to your remand in 2020, you were living with your partner and her young child in the Geelong area. 

26Mr Cooper, you are now 26 years of age, born in December 1995.  You are also a young Aboriginal man, your mother was Aboriginal and your father was Chinese.  You are disconnected from country.  You have two younger siblings and a number of step siblings.  Your parents separated when you were around seven.  Your parents also suffered addiction issues around drugs and alcohol.  Your mother re-partnered but you have had no contact with your stepfather since around 2021.  You have also had no contact with your biological father since 2019. 

27You were the subject of significant physical, emotional and psychological abuse growing up and the Department of Human Services also had a significant involvement in your life as a young person.  When you were around 12, you were placed in the care of DHHS, which exposed you to negative associates. 

28When you were six years of age, you were diagnosed with ADHD and prescribed Ritalin.  You have also previously been diagnosed with anxiety and depression. 

29Your mother passed away in early 2021 at the Dandenong Hospital and her death is the subject of a current coronial investigation.  Understandably, this is a source of considerable trauma and grief for you.

30You have had two previous significant intimate relationships.  You have one child, Vera, from your first relationship.  Your last relationship was with Ms Amber Dowdell with whom you have two young daughters, Jada and Sadie.  Although you are no longer in an intimate relationship with Ms Dowdell, you remain very close and good friends and you credit her for helping you turn your life around.  You have regular contact with your daughters from this relationship and are motivated to be a positive role model for them. 

31You attended a variety of schools and left school after competing Year 9.  You have a limited employment history due to your involvement in the juvenile justice system.  Aside from some work building in-ground pools when you were around 17, you have otherwise not had paid employment.  You are keen to secure employment and have been trying to do so over the last two years. 

32You have a history of drug abuse.  You were introduced to methylamphetamine use when you were 18.  You used regularly up until the age of 21 years when you stopped.  You have not used methylamphetamine since 2017. 

Prior criminal history & subsequent matters

33Mr Clarke, you have an extensive prior criminal history in the Children's Court commencing in 2014.  You have received a variety of dispositions, ranging from youth supervision orders to periods of Youth Justice Centre detention.  Relevantly, your history of offending includes burglary, carjacking, robbery and aggravated burglary. 

34Prior to the commission of this offence, you had not previously been sentenced to a term of adult prison.

35On 1 February 2022, you were sentenced for an armed robbery committed in April 2020, that is some time after this offending.  You were sentenced to two years and 10 months' imprisonment with a minimum non-parole period of one year and eight months.  A period of 415 days was declared as pre-sentence detention.  I have read the reasons for sentence of Judge David Sexton.  As part of the Koori Court plea hearing procedure, you participated in a Sentencing Conversation.  His Honour noted that he observed real emotion on your part during the conversation, genuine remorse and a willingness to expose yourself to a process that was confronting and meaningful.  I also note that prior to the imposition of the sentence you had made some attempts, at the time ultimately unsuccessful, to engage in rehabilitation both through a residential program for Koori young people in Hastings and the County Court CISP supported bail program. 

36Mr Cooper, while your history is not as extensive as Mr Clarke's, it is still relevant.  Between 2010 and 2013, you appeared in the Children's Court in relation to a range of dishonesty matters mainly and were sentenced to youth supervision orders, a probation period and an adjourned undertaking.  On 5 April 2017, you appeared in the Magistrates Court for a number of matters including theft, obtain property by deception, and theft of motor vehicle and were sentenced to a term of three months' imprisonment and a 12-month community corrections order.  This sentence was appealed and on 1 May 2017 the County Court allowed the appeal, substituted the term of imprisonment of 28 days, reckoned it entirely as served and placed you on a two-year CCO. 

37I was told that since the offending that I am dealing with you have had two further court appearances.  One was for driving matters where you received a fine.  The other was for the breach of this County Court CCO which was also dealt with by way of financial penalty.  I received a copy of the breach report and while there was clear non-compliance, you also did make substantial efforts, including completing 72 of the 100 ordered hours and attending 17 supervision assessment appointments. 

Factors in mitigation

38I take into account the additional factors in mitigation that were advanced on your behalf of both of you by your counsel Mr Waters and Ms Strugnell.

Youth

39Mr Clarke, when you committed the offence before me you were 19 years of age and therefore a young offender.  The Court of Appeal in R v Mills[3] states what is often referred to in relation to youth, youth of an offender ‘should be a primary consideration for sentencing courts where that matter properly arises.'  

[3] [1998] 4 VR 235.

40The courts recognise that due to their immaturity young offenders may be 'more prone to ill-considered or rash decision'.  They 'may lack the degree of insight, judgment and self-control that is possessed by an adult…They may not fully appreciate the nature, seriousness and consequences of their criminal conduct.'  The Courts also recognise the potential for a young offender to be redeemed and that their effective rehabilitation in the long term better protects the community from further offending.[4] 

[4] Azzopardi v The Queen (2011) 35 VR 43.

41Your youth at the time of your offending, Mr Clarke, and your relatively young age now are important considerations in sentencing you. There will be a moderation in the application of the sentencing purposes of general deterrence and denunciation in favour of rehabilitation due to your youth.  

42Mr Cooper, you were 23 at the time of the offence and as I have already stated, you are 26 years now.  While you are not a young offender as defined in the Sentencing Act, you were still relatively young at the time of the offending and you are still a young man now before me.  The principles I have referred to have relevance and application in your case, though given your age, they apply with some reduction in their mitigatory effect. 

Bugmy principles

43Both your counsel submitted that the Bugmy[5] principles apply in your case due to your history of profound childhood deprivation and extreme instability.  The case of Bugmy stands for the proposition that profound childhood deprivation is directly relevant to sentencing in and of itself.  That is because it is likely that moral culpability will be reduced for someone whose early years have been marked by such disadvantage.  The effects of such hardship do not diminish over time and full weight must be given to those matters in sentencing.  Bugmy principles are relevant to the court's assessment of moral culpability for the offence itself and also to an assessment of your prior criminal history.

[5] Bugmy v R (2013) 302 ALR 192.

44In both of your cases, I accept that your childhood involved significant hardship, neglect and deprivation.  You both have endured very difficult upbringings and trauma.  As children, you were deprived your right to security, safety and a nurturing environment. 

45Mr Clarke, I adopt what His Honour Judge Sexton said in his reasons, 'your criminality is emmeshed in your dysfunctional attempts to deal with your trauma, which includes a recourse to substance use and antisocial behaviours.'  Mr Cooper, I also accept that you were subjected to significant physical, emotional and psychological abuse and neglect as a child.  In both your cases, as I have stated I am satisfied that your moral culpability for the offending is reduced.

Delay

46Your counsel referred to the significant delay that has affected your court case, not attributable to you in any way.  It has been in excess of three years since the offence date.  I take this into account in sentencing you both.

47In relation to you Mr Clarke, you are currently serving a substantial sentence of imprisonment and it is a sentence which incorporates a significant parole eligibility component, larger than usual, in recognition by the sentencing judge of the important mitigatory factors in your case.  He was of the view that such a component would hopefully facilitate your reintegration into the community, and your ultimate rehabilitation, which would best protect the community and avoid the real risk of institutionalisation in the prison setting. 

48In your case, Mr Cooper, I take into account that you have been on bail now for some three years.  While the conditions have more recently eased, you were subject to stringent conditions and have had the matter hanging over your head for a considerable period of time.  You have also been able to demonstrate within this time that you have largely stayed out of trouble and committed yourself to remaining drug free. 

Prospects of rehabilitation

49In terms of your prospects for rehabilitation, they are guarded to the extent that they depend on you both remaining drug free. Importantly, in your case Mr Clarke, you have in more recent times, particularly through the Koori Court process, demonstrated insight and self-reflection and as your counsel Mr Waters submits, palpable remorse.  In addition, you continue to have family support and I was told that your grandfather Lenny, a respected elder within the community, will continue to offer you support and accommodation upon release.  You are also presently motivated to be a better man for your partner and child. 

50Notwithstanding the current difficulties and restrictions in prison, you have apparently shown motivation and a desire to obtain work upon release.  It is also hoped that you will be well supported on parole and will have available to you significant and culturally appropriate supports in place to assist in your reintegration.  I was told that your earliest release date is sometime in June of this year.  You are still a young man with obvious potential and with appropriate supports in place you have the capacity to live a productive and fulfilled life. 

51You, Mr Cooper, have impressed me with your ability to largely remain offence free for years now.  As I have already noted, you have come from hardship and disadvantage and the path for you has not been an easy one, but you have preserved and shown that you can effectively turn your life around.  You are motivated to obtain work; you have a strong relationship with the mother of your two young daughters and you want to be a present, nurturing and contributing father to them.  I note that you continue to experience a degree of instability in housing which is likely, however, to resolve upon the finalisation of this matter.

52According to the Forensicare report I ordered of 23 May 2022, you are also currently experiencing high stress levels secondary to your circumstances and a number of external stressors.  You will need assistance to address these issues but in all the circumstances and given your most recent history, I regard your prospects of rehabilitation to be good and promising.

Other factors

53In both of your cases, I have also regard to the additional burden of imprisonment during the pandemic and the well-known reduction in services and increase in restrictions.

54Also, in your case Mr Clarke, on the basis of the opinions expressed by psychologist Ms Cidoni, I accept that your diagnosed PTSD means that you experience prison as a greater burden than a person with normal faculties, which enlivens limb 5 of Verdins.[6]

[6] R v Verdins & Ors [2007] VSCA 102

55As I have already noted, there were three of you that committed the principal offence.  Mr Gower was sentenced in this court on 31 March 2020 for a number of offences including the aggravated burglary.  On this charge, he was sentenced to two years' imprisonment.  In all the circumstances, I consider that a disparity in sentence is justified in this case:  Mr Gower pleaded guilty to a number of charges that occurred over a 10-day period; his plea of guilty to the aggravated burglary was on the basis that he was armed with an offensive weapon and played a greater role in the offence.  As between the two of you, the sentence I will impose will also reflect the differences in your personal circumstances, prior criminal histories and my assessment as to your rehabilitative prospects. 

Sentencing principles

56The basic purposes for which a court may impose a sentence are punishment, general and specific deterrence, rehabilitation, denunciation and protection of the community.  Notwithstanding the significant mitigatory factors in your cases, which I have already referred to, general deterrence and denunciation remain importance sentencing purposes, as does community protection. 

57In your case, Mr Clarke you have a total of 244 days of pre-sentence detention referable to this matter.  This represents the period of your arrest on 1 April 2019 and remand until 30 November 2019.  Your counsel submitted that, in all the circumstances, the just and appropriate sentence was a period of custody that did not exceed the period you have already served. 

58In your case, Mr Cooper, you have one day of pre-sentence detention in this matter and I note that you were remanded for a subsequent matter which attracted a modest fine but for which you were remanded for three days.  It was submitted on your behalf that given all the factors relied upon, in particular your compliance with bail over the years and that dramatic turnaround in your life since 2017, that a community corrections order was the appropriate sentence.  The prosecution did not submit that such sentences were outside of the range available to the court.  No doubt, this was in recognition of the significant mitigatory factors that you were both able to call upon, your roles in the offending, along with the significant change in the way that your cases have ultimately resolved. 

59I had you, Mr Cooper, assessed for a CCO.  You were assessed as suitable.  The assessment report did identify issues that you need to address surrounding matters of insight and your mental health.  The report also noted a pre-existing injury which may restrict participation, however, with a medical clearance it was not anticipated that this injury would be prohibitive.  In all the circumstances and taking into account all the mitigatory matters relevant to you and the relevant sentencing considerations, including parsimony, I consider that a CCO is the most appropriate sentence to punish you and also facilitate your ongoing rehabilitation.  I also take into account those further three days you have spent on remand though they were not directly referable to this matter.

60Weighing up all relevant matters then in terms of the sentence, I impose the following:

61Mr Clarke, on Charge 1, you are sentenced to a term of 244 days, which pursuant to s18 of the Sentencing Act I declare as served. 

62Mr Cooper, on Charges 1 and 2, I sentence you to one day imprisonment which I reckon as served pursuant to s18, along with a community corrections order for a period of 18 months. The conditions of the order will include the following which I will go through now.

63They include mandatory conditions.  So the mandatory conditions that I will outline to you include:  You need to report to Frankston Community Corrections within two working days.  So it is incumbent on you to make that first report.  There are mandatory conditions that apply and they are as follows.  You must not commit any offence during the period of the community corrections order which is 18 months from today for which you could be imprisoned.  You must notify a Corrections officer of any change of address or employment within two clear working days after the change.  You must not leave Victoria without first getting permission to do so from a Corrections officer.  And you must obey all lawful directions of a Corrections officer.  All right? 

64Now, in terms of additional conditions, you must also be under the supervision of a community corrections officer for the period of the order.  I am going to order that you undertake 150 hours of community work though I am going to offset 125 hours for treatment.  All right?  So 125 hours of treatment can be offset against 150 hours of community work that I have set to you.  Do you understand?

65OFFENDER COOPER:  Yes.

66HER HONOUR:  Further conditions are that you engage in treatment and rehabilitation for drug use; treatment and rehabilitation in relation to mental health and treatment and rehabilitation that you engage in programs to reduce reoffending.  All right.  So they are the additional conditions of the order.  Do you understand those conditions, Mr Cooper?

67OFFENDER COOPER:  Yes.

68HER HONOUR:  All right.  Now, I also need to - the drug condition includes drug and alcohol.  It will be a matter for Corrections as to how they assess that.  I must also tell you that if you do not comply with the requirements of the order, so if you commit a further offence punishable by imprisonment during the period of the order being 18 months, then you are likely to be breached on the order by Corrections.  The matter will be brought back before me.  You will then be dealt with for breaching the order.  You will be exposed to the possibility that you will be re-sentenced for the original offences and may face a term of imprisonment.  Do you understand the consequences of breaching an order?

69OFFENDER COOPER:  Yes, Your Honour.

70HER HONOUR:  So understanding what the conditions are, appreciating what the consequences are; do you consent to the making of the order?  You do? 

71Now, I make the forfeiture order in Mr Cooper's case in the terms sought and I note that this was not opposed. And I am also required to make s6AAA declarations.

72In your case, Mr Clarke, but for your plea of guilty I would have sentenced you to two years and two months' imprisonment with a non-parole period of 14 months.  In your case, Mr Cooper, I would have sentenced you to 20 months' imprisonment with a non-parole period of 10 months. 

73Is there anything else required of me, Mr Cameron?

74MR CAMERON:  Your Honour, just on Charge 3, I must have missed it.  Was that just proven and dismissed or - - - 

75HER HONOUR:  Charge 3.  Yes.  Thanks very much.  I had that.  I find that charge proven and dismissed. 

76MR CAMERON:  Figured that would happen.  Thank you.

77HER HONOUR:  All right.  Thanks very much.  Thanks for reminding of me that.  I have a note here but I had to move around a bit on my computer.  Aside from that, anything further from anybody?

78MR WATERS:  Not from me, Your Honour.

79HER HONOUR:  No.  All right.  Thanks Mr Clarke.  Thank you.  I will give you a moment to speak to Mr Waters.  But no surprises, you have been sentenced to the time that you have served and soon you will be released and I really do wish you all the best on that parole period.  There seems to be a lot of potential.  So I hope that you are assisted in that.

80Mr Cooper, you have got the community corrections order and it semes to me from what I know about you over the last few years that you can really engage with it and complete it successfully.  All right?  So I wish you all the best.  Thank you to all the parties.  Yes, Mr Cooper is going to sign that order given that he is present in court and then I will sign it.  So actually, before I leave, we will just wait a moment.  Ms Strugnell, do you wish to approach your client while he is signing it?

81MS STRUGNELL:  Yes, Your Honour.

82HER HONOUR:  Or your instructor.  Do you have an instructor?  You do.  Your instructor can.  Sorry.  That community corrections order is also with conviction if I did not make that clear.  Yes, thanks.

83Ms Strugnell, once I have signed it you will be given a copy and Mr Cameron, it will be emailed to the other parties also.  Thanks.

84MR CAMERON:  Thank you kindly.

85HER HONOUR:  And we will adjourn the court.  Thank you.

- - -


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Cases Citing This Decision

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Cases Cited

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Statutory Material Cited

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DPP v Meyers [2014] VSCA 314
Worboyes v The Queen [2021] VSCA 169
R v McGaffin [2010] SASCFC 22