Director of Public Prosecutions v Coward-Royal

[2025] VCC 389

IN THE COUNTY COURT OF VICTORIA

AT MELBOURNE

CRIMINAL DIVISION

Revised
Not Restricted
Suitable for Publication

Case No. CR-24-00963

DIRECTOR OF PUBLIC PROSECUTIONS

v

COWARD-ROYAL, Donna

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JUDGE:	His Honour Judge Pillay
WHERE HELD:	Melbourne
DATE OF HEARING:	3 April 2025
DATE OF SENTENCE:	3 April 2025
CASE MAY BE CITED AS:	DPP v Coward-Royal
MEDIUM NEUTRAL CITATION:	[2025] VCC 389

REASONS FOR SENTENCE
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Subject:CRIMINAL LAW

Catchwords:              Contravention of community corrections order – non-compliance – degree of compliance with CCO

Legislation Cited:      Sentencing Act 1991 (Vic)

Sentence:                  CCO varied

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APPEARANCES:	Counsel	Solicitors
For the DPP	Mr N Ferguson	Office of Public Prosecutions
For the Accused	Ms O Go	CP Law

HIS HONOUR:

1The accused, Ms Donna Coward-Royal was sentenced by his Honour Judge MP Bourke on 19 September 2024 for one charge of arson, where she was convicted and sentenced to 326 days of imprisonment, reckoned as already served, followed by a 18 month Community Corrections Order (‘CCO’). It is the contravention of this CCO that is to be dealt with. The contravention is in respect of non-compliance only and is admitted by the accused.

2By way of background, the CCO commenced on 19 September 2024 and is due to expire on 18 March 2026. It is alleged that Ms Coward-Royal failed to comply with conditions of the CCO relating to undergoing treatment and rehabilitation on five occasions and failed to comply with supervision conditions on two occasions. Contravention proceedings were initiated and Ms Coward-Royal was summonsed to Court on 12 December 2024. She failed to attend on this date. A warrant to arrest was issued on this date. The warrant was executed and Ms Coward-Royal entered an undertaking of bail to attend Court on 23 January 2025. She once again failed to attend Court on this date, and another warrant was issued. This further warrant was executed on 3 March 2025 and she was remanded to 17 March 2025. On this date, she was granted bail to attend on 3 April 2025 for the contravention hearing before me.

3I rely on the original plea documents provided and contravention package including the psychological reports of Ms Sandra Cokorilo dated 16 September 2024, the letter of Sasha East (Australian Community Support Organisation ‘ACSO’) dated 17 September 2024 and the Corrections contravention report of 28 November 2024. The following information is obtained from the psychological report of Ms Cokorilo and the sentencing remarks of his Honour Judge MP Bourke dated 19 September 2024 which also referenced and relied on a Forensicare report of Mr Mazzolino, a psychiatrist.

4Briefly, Ms Coward-Royal is a 49 year old woman who left school after completing Year 8. She entered residential care at age 11 and became a ward of the state by age 12 or 13. She then lived in residential care and with several different foster families. She had her first child at age 16 and her first significant relationship lasted nearly 20 years. This relationship was abusive due to conflict and mutual drug abuse and she experienced some periods of homelessness throughout. There is an extensive history of alcohol and drug use beginning with alcohol from the age of 14.  She has a limited work history with a period where she worked as a sex worker. Ms Coward-Royal has suffered from mental health issues since her teenage years when she was diagnosed with anxiety and later with depression when she had her first child. Her mental health history include suicidal ideation and attempts by drug and alcohol overdose, and previous diagnoses of Bipolar Disorder and ADHD. I otherwise refer to the extensive reasons for sentence of Judge MP Bourke in respect of the original offending. While no Verdins factors were pressed then, or now, it is enough to record that her background is one of profound disadvantage and difficulty.

5In my determination of the contravention charge, I must consider the degree of compliance as outlined in section 83AS(2) of the Sentencing Act.[1]  At the outset of the CCO, Ms Coward-Royal’s compliance was not positive. She first contravened on 4 October 2024, some few weeks after the commencement of the CCO by failing to undergo treatment and rehabilitation as required. Her last contact with Corrections was on 4 November 2024. In this period there are a total of seven contraventions. Out of her 11 supervision appointments, Ms Coward-Royal attended on five occasions and failed to attend on two occasions, with the remainder of appointments being rescheduled. In respect of her treatment and rehabilitation conditions, Ms Coward-Royal had failed on five occasions to undergo drug treatment and mental health assessment appointments. In those circumstances, I find there has been some compliance with the CCO, albeit very minimal in the short span of approximately two months before her contact with Corrections ceased. Additional to the non-compliance with the CCO, there have also been two instances where Ms Coward-Royal has failed to attend Court for the contravention hearing and warrants had to be issued.

[1]        Sentencing Act 1991 (Vic) s 83AS

6In the contravention report of 28 November 2024, it is recommended that the CCO be varied to recommence and allow Ms Coward-Royal a further opportunity to complete the CCO with an added condition of judicial monitoring. The prosecution is in support of this recommendation.

7In my assessment, I consider that this is the first CCO that has been imposed on Ms Coward-Royal and the contravention is by way of non-compliance only and not by further offending. I find that although she has breached the CCO relatively early, there had been some compliance in those two months. That compliance is further demonstrated when she contacted Corrections to have her appointments rescheduled on dates she was unable to attend.

8Given her:

i)Background;

ii)Limited prior offending;

iii)Mental health difficulties;

9Breaches by non-compliance rather than further offending;

10Evidence of some compliance and progress; and

iv)The primacy of rehabilitation as a sentencing factor.

I consider a further opportunity ought be granted for her to be provided the appropriate treatment and rehabilitation under the CCO, especially in respect of her mental health and any drug and alcohol use.

11For these reasons, I find the contravention proven and vary the CCO to recommence on 3 April 2025 for a period of 18 months on the same terms. I further note that the accused served 16 days of pre-sentence detention which I do not take into account in my sentence.