Director of Public Prosecutions v Cox
[2025] VCC 131
•18 February 2025
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
Case No. CR-24-01399
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| TIMOTHY COX |
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JUDGE: | BLAIR | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 30 October 2024, 11 February 2025 | |
DATE OF SENTENCE: | 18 February 2025 | |
CASE MAY BE CITED AS: | DPP v Cox | |
MEDIUM NEUTRAL CITATION: | [2025] VCC 131 | |
REASONS FOR SENTENCE
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Subject:CRIMINAL LAW – Sentence
Catchwords: Threat to destroy property – make threat to kill – damage property – possess controlled weapon without lawful excuse – early plea of guilty – intellectual disability – family violence – substance addiction – mental health issues
Legislation Cited: Sentencing Act 1991 (Vic)
Cases Cited:Pasinis v The Queen [2014] VSCA 97 [57]; Filiz v The Queen [2014] VSCA 212; Dragovic v The King [2024] VSCA 95; DPP v Reynolds (a pseudonym) [2022] VSCA 263; R v Verdins [2007] VSCA 102; Boulton v The Queen [2014] VSCA 342; Bugmy v The Queen 249 CLR 571; Muldrock v The Queen [2011] HCA 39
Sentence: Community Correction Order for a period of 18 months
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Ms N Burnett | Mr Z. D'Monte Office of Public Prosecutions |
| For the Accused | Mr J Mortley (plea) Mr T Woodward (sentence) | Dribbin & Brown Criminal Lawyers |
HER HONOUR:
1Timothy Cox on 30 October 2024 you pleaded guilty on Indictment Q10666180 to one charge of threat to destroy property, one charge of make threat to kill and one charge of criminal damage. Additionally, you consented to this court hearing a summary related offence and pleaded guilty to charge 2 possess a controlled weapon without lawful excuse.
2As part of the arraignment process you admitted your prior history which totals 12 pages and relates to past offending including breaches of intervention orders, dishonesty and violent offending.
3Although I did not hear a detailed plea on this date I had the benefit of a psychological report from Pamela Matthews and detailed written submissions from your counsel Mr Mortley. In the circumstances, I ordered an extended pre-sentence report from Corrections and a suitability assessment and overview report for a Justice Plan. I have received these reports. You have been assessed as unsuitable for a Community Correction Order but suitable for the Justice Plan. You were remanded in custody to appear at a plea hearing on 11 February 2025.
4On 10 December 2024 you made an application for bail. I granted bail with a condition that you were to reside at JRN housing. I heard evidence from Peter Nous who was the manager of this organisation, which was described to me as a rehabilitation facility. You did not stay at this location for long and have been homeless for some time over the Christmas period. Recently on 6 February 2025 your bail was varied for you to reside with your sister, Ashlea.
5On 11 February 2025 your plea hearing was proceeded in court and Mr Mortley and the prosecutor Ms Burnett made sentencing submissions. Ana Pascoe, Disability Justice Co-Ordinator and the author of the Disability Overview Report also attended court on this day.
Circumstances of the offending
6The summary of prosecution opening dated 2 October 2024 was read to the court and tendered on your plea. What follows is a summary of that document. The victim of your offending is Hayley Russell, who is your former partner of eight years and the mother of your two young daughters. Over the period of your relationship with Hayley there have been twenty two family violence reports and previous family violence intervention orders that were inactive at the time of your offending.
7On Thursday 28 March 2024 at approximately 10.35pm, you called Mandy Dunstan, who is the mother of the Ms Russell. At the time, Ms Dunstan received your call she was looking after your two daughters, her granddaughters. You said to her “it’s Tim, you better get the kids outta there, because that house is going down. I’m going to fucken burn it down.” You were very aggressive and Ms Dunstan was worried that you were going to burn down her house. She took her grandchildren back to Ms Russell’s house (Charge 1 – Threat to destroy property).
8When Ms Dunstan arrived at the Ms Russell’s address they had a conversation and Ms Dunstan told her you had threatened to burn down her house. Ms Russell’s response was that she thought it was her house that you were referring to and not Ms Dunstan’s.
9On Saturday 30 March 2024 at approximately 4.40pm you arrived at Ms Russell's address in a taxi and walked down the driveway. You banged on the front door of the house and attempted to open the security door which was locked. You yelled and screamed out for Ms Russell from the front door. She was inside by herself and from behind her screen door she told you “To get off my doorstep” and “Get away from my house”.
10You walked up to the locked security door and whispered a threat to kill Ms Russell. She responded by saying, “kill me then.” You argued with Ms Russell and she refused to pay for your taxi. You then said through the security door, “Come to the door you weak cunt” and “you're a weak guard bitch”. Ms Russell called 000. She reported you were at her front door and you had threatened her. (Charge 2 – Make threat to kill)
11You continued to threaten Ms Russell. From what you said, it appeared that you believed she was in the house with a male. Ms Russell told you “To get off her fucking property”.
12You were carrying a green esky bag when you arrived at the address and you were drinking from a VB beer can. You were substance affected, pacing up and down the front entrance ranting, raving and screaming. After Ms Russell refused to let you inside, you reached into the green esky bag and removed a large kitchen knife with a 20cm blade. (Related summary Offence – Possess controlled weapon without lawful excuse)
13Over the next two minutes you banged on the security door with the knife whilst yelling and screaming at Ms Russell. You were constantly spinning the knife in your left hand. You said “There is going to be a shooting in the street” as Ms Russell was on the phone to the 000 operator. At this point Ms Russell was hysterical, she told the 000 operator you had a large kitchen knife that you were banging on her front door.. You continued to drink from the VB beer can whilst you were banging and stabbing the security door with the knife, which you did about 15 times. (Charge 3 – Damaging property)
14Ms Russell stood behind the door and you repeatedly told her “you had better run or I'll fucken kill you” and “we will all go together” whilst you continued to stab the door. (Charge 2 – Make threat to kill) At this time you were saying “I wanna go” and “I wanna die bitch” in an aggressive tone towards Ms Russell.
15The incident was captured on Ms Russell’s motion activated ring CCTV. The footage has been played to the court. Your sister, Jamie, was watching the CCTV and her voice can be heard on the footage. She also made a 000 call to report the incident. There were four 000 calls made in relation to the incident given the concerning nature of your behaviour.
16At approximately 4.45pm, police arrived at the address. They saw you halfway up the driveway with the knife in your hand. The police reversed their vehicle out of the driveway and parked a safe distance away from Ms Russell’s address. Both police members got out of the vehicle and activated their body worn cameras. You were standing approximately 10 metres outside Ms Russell's address in the middle of the road, approximately 15 metres from the police.
17One of the officers produced his firearm and directed you to put down the knife. The police negotiated with you for a couple of minutes requesting that he put down the knife. You were described as agitated, substance effected and highly erratic. You continued to drink a VB beer can as you spoke to police. The police officer told you “To put down the knife, as I want to help you, but you have to drop the knife.” You were yelling “Fucken do it” and “you drop the gun”. The negotiation was witnessed and filmed by a neighbour in the street.
18Additional police members arrived at the address to assist and upon their arrival you threw down the knife and got on the ground as directed. You were arrested and transported to the Knox Police Station. You were assessed to be substance affected and unfit for interview.
19Crime Scene Officers attended at the Ms Russell’s address. Photographs were taken and your clothing was seized along with a VB beer can located outside the address.
Nature and gravity of offending
20I turn now to consider the gravity of your offending. The seriousness of your offending lies in the fact that it involves violence perpetrated upon your ex-partner and her mother. It is correctly categorised as domestic or family violence offending. Over recent years the Court of Appeal has repeatedly emphasised in the cases of Pasinis, Filiz, and Reynolds that family violence is very serious and must be sternly punished and condemned.[1] Recently, in the case of Dragovic the Court of Appeal stated:[2]
Those (mostly) men who elect to engage in violent activity within the home can expect little sympathy from sentencing courts. As noted by the Court in DPP v Reynolds (a pseudonym), the authorities make plain that ‘general deterrence, public denunciation, just punishment and community protection must be prominent sentencing factors when sentencing for family violence offending’.[3] Never have these observations been more resonant than now. The community is rightly distressed at the tragic prevalence of intimate partner violence. The Court joins in that distress. Those inclined to this type of emotional and physical violence must understand that they will be held to account.
[1] Pasinis v The Queen [2014] VSCA 97 [57]; Filiz v The Queen [2014] VSCA 212; DPP v Reynolds (a pseudonym) [2022] VSCA 263 (‘Reynolds’).
[2] Dragovic v The King [2024] VSCA 95.
[3] Reynolds (n 1).
21In assessing the gravity of your particular offending it is important to consider your background and the context in which your offending occurred.
22You are now aged 32 years. From a young age you have experienced difficulties that have seen you diagnosed with an intellectual disability, ADHD, depression and schizophrenia. Additionally, during your formative years you were the victim of domestic violence at the hands of your father. You experienced displacement, instability, social deprivation, a paucity of education and recurring homelessness. You developed significant behavioural difficulties that have seen you become overwhelmed and unable to cope. You have dealt with these issues by self-medication with alcohol and other illicit substances for many years. At times you have been appropriately medicated and you have sought inpatient treatment and other treatment for your addiction. When you are abstinent from alcohol and drugs you are considered to be affable, polite and well behaved. Unfortunately, you have struggled to maintain treatment and abstinence in the long term and have consistently relapsed into alcohol and drug abuse.
23Your relationship with Hayley Russell, is not only one of the most significant relationships you have had in your life, but also marked a period of relative stability. Your inability to manage your emotions and behaviour and your consequent addiction to alcohol and drugs resulted in the breakdown of this relationship and in numerous contacts with police and the courts. At the time of your offending in March 2024, the police had previously received 22 prior reports of family violence relating to your relationship with Ms Russell and there have been numerous intervention orders in place in the past, although none were current. Since 2016, you have 10 entries on your prior history that relate to family violence offending, the majority for which Ms Russell is the victim. You have been sentenced to relatively short terms of imprisonment, community correction orders, adjourned undertakings, you have been fined and convicted and discharged. Two weeks before the current offending you received a with conviction adjourned undertaking to continue to attend a Doctor for treatment. These penalties should have brought home to you the seriousness of your behaviour and deterred you from reoffending, but they have not. It is apparent that although you have a desire to change and insight as to what drives your offending, your serious cognitive deficits, behavioural and mental health issues have consistently seen you fail to reform.
24In 2021 your relationship with Ms Russell broke down and you have mostly been homeless since that time. In January 2024 you commenced inpatient treatment at Impact Recovery rehabilitation in Bendigo. Whilst undertaking this program you learnt of the death of your sister Jessica from a heroin overdose. You left the program and relapsed into alcohol use.
25It is against this background and in this context your offending occurred over two days in late March 2024. It culminated in an incident of significant violence at your ex-partner, Ms Russell’s family home. Notwithstanding, your offending did not involve physical contact your behaviour would have been very frightening and you caused damage to Ms Russell’s security door by stabbing it with a large kitchen knife. The CCTV footage played to the court depicts in graphic detail what occurred. You subjected Ms Russell to a traumatic and horrific ordeal and you had threatened her mother two days before. You continued to cause havoc during your arrest and were difficult for the police. Several members of the public were witness to this distressing event.
26It is unclear why you telephoned Ms Dunstan and threatened her or why you attended at Ms Russell’s address on the afternoon of the offending. What is clear is that you were significantly intoxicated on 30 March 2024 and in this state you were aggressive, angry and unreasonable.
27Clearly your offending is very serious. You offended against an ex-intimate partner and her mother in their own homes. However, given your significant personal difficulties particularly your low cognitive functioning, ADHD, and your inability to cope I accept that your moral culpability is lowered.
Personal circumstances
28You are the third of seven children. Your parents separated in 2012. During your adolescent years your family experienced transient living, with limited structure and routine, there were frequent arguments, dysfunction and separation. Your father exposed you to problematic alcohol use and physical violence. You were also witness to your father’s regular use of speed in the context of his work as an interstate truck driver. You were first excluded from the family home at eighteen, ironically being issued a family violence order after threats of violence made to your father, and disruptive, intimidating behaviour which was witnessed by and impacted your younger siblings.
29Your father passed away in December 2014 following complications with kidney failure. As I have already mentioned your sister, Jessica, passed away two months prior to the current offending due to a Heroin overdose. You have no contact with some of your siblings and limited contact with your mother who has a current family violence intervention order. You are close to and do have support from your sister Ashlea. You have lived with her on and off over the years. Most recently you have been living with her since the start of February, whilst on bail for this matter.
30You have fathered four children, to three mothers. You had an intimate relationship with Ms Hayley Russell for eight years, having two daughters, as I have mentioned ultimately you separated due to family violence. During your time with Ms Russell you generally had a stable life with routine. You told Ms Pascoe, from Disability Services that “coming home to a partner and my kids each day was the happiest time of my life”.
31In terms of education you attended four primary schools, including Tinternvale Primary, and three different high schools, including Boronia Heights Secondary School, leaving in Year ten. You attended multiple schools because your family were transient, your behaviours were disruptive and because you were the subject of significant bullying. You were diagnosed with ADHD at the age of six and treated with Ritalin but you struggled socially, academically, and behaviourally at school. You would frequently truant to be with your father whilst he was truck driving.
32You have worked for four years on and off in warehousing as a ‘picker and packer’. You hope to return to work at some stage and recognise that routine and financial stability would be important for your reform. In the community you otherwise receive financial support by way of a disability payment.
33Regarding your alcohol and drug history, you began using alcohol at sixteen, shortly followed by marijuana which you would use frequently with negative peers. You began using methamphetamine (ICE) at twenty-four and you have continued ICE use until quite recently. You have had several periods of abstinence through the years usually at times of reduced stress, when you have stable housing and social support available. In the past you have attempted inpatient rehabilitation on approximately five occasions. As I have mentioned in January 2024 you attended Impact Recovery in Bendigo. You were released on bail for this matter on 25 July 2024 to reside at Teen Challenge in Kyabram. Unfortunately, you left after a verbal dispute with another patient and were later arrested and returned to custody after an argument at your sister Ashlea’s home.
34Most recently I granted you bail in December 2024 to live at JRN Community House, a sober-living residential service. However, as I have indicated you only remained there for a short period of time. You reported to Ms Pascoe that you were currently abstinent from all drugs and had attended at Alcoholics Anonymous Bayswater on several occasions. You realise that you need to change and you are motivated to try as evidenced by the many attempts you have made. However, you identified, ‘I can’t stay abstinent when life gets really hard that’s when I fuck up’. It is the view of Ms Pascoe that you demonstrate good insight into the consequences of your use but you have limited insights with respect to alternative coping skills.
Intellectual disability and mental health issues
35In the Disability overview report Ms Pascoe referred to the Eastern Health Maroondah Hospital discharge, dated 23 February 2015 and 15 July 2023. These records document that you have diagnoses of Oppositional Defiant Disorder, Conduct Disorder and Attention Deficit Hyperactivity Disorder (ADHD), Intellectual Disability, Asthma and Schizophrenia. A psychological report prepared by Ms Pamela Matthews dated 25 October 2024 was tendered on your plea. Ms Matthews confirms DSM-5 diagnosis of Intellectual Disability, ADHD, Stimulant Use Disorder, drug-induced psychosis, and persistent depressive disorder. Ms Matthews notes that you are prescribed an anti-depressant (Sertraline), antipsychotic (Olanzipine) and mood stabilizer (Mirtazapine), as well as Valium as needed. You were prescribed Ritalin in adolescence for ADHD management and found this beneficial, and you are eager to be prescribed medications for ADHD management again.
36You have a prolonged history of self-harm behaviours and previous suicide attempts, including hanging and most recently Heroin overdose via a ‘hot shot’. The overdose resulted in significant health issues, relating to compartment syndrome and surgeries. Currently, you have no intention to self-harm and have not recently engaged in suicidal thinking. However, Ms Pascoe noted that you do display anxiety around unfamiliar people and contacted Disability Justice numerous times on the day of your assessment expressing fear and panic. This social anxiety has previously been noted as a barrier to engaging in appropriate supports.
37Ms Matthews opined that your decision to self-medicate with alcohol at the time of this current offending is directly related to your limited emotional problem solving resources associated with your developmental intellectual disorder. Further Ms Matthews considered that you were experiencing persistent grief that is not yet diagnosed. A risk assessment tool was utilised by Ms Matthews and she opines that there is a high probability of further violent behaviour, familial or non-familial without targeted intervention by specialised developmental intellectual disorder trained staff. Further, and from a rehabilitative perspective, it was her view that you require a Justice Plan or Compulsory Treatment under the Disability Act. Ms Matthews considered a medication review was required and the possibility of medication such as naltrexone, acamprosate disulfiram for alcohol use may be beneficial. In Ms Matthew’s opinion, it is imperative that you receive drug and behavioural treatment that is tailored to your intellectual level of understanding.
Application of Verdins principles
38Your counsel submitted that the principles enunciated in the case of Verdins[4] are enlivened in your case and that your moral culpability is lessened owing to your mental health diagnoses and the reason for your self-intoxication was directly linked to your intellectual disorder. In these circumstances, Mr Mortley submitted that a sentenced involving targeted assistance towards your intellectual disability should be given precedence. Further, he submitted that owing to your complex array of physical and mental issues general and specific deterrence should be substantially moderated.
[4] R v Verdins [2007] VSCA 102.
39In my view, the combination of your intellectual disability, ADHD, schizophrenia, depression and other mental health issues are such that the principles in Verdins and Muldrock are enlivened in your case.[5] The moderation of general deterrence and specific deterrence should be tempered in my view given the contribution of alcohol and intoxication to the offending. I accept that your addiction to these substances is a long-standing form of self-medication and a coping mechanism that has become ingrained. I accept that you turn to such substances when you become overwhelmed and emotionally unable to cope.
Application of Bugmy principles
[5] Ibid; Muldrock v The Queen [2011] HCA 39.
40Mr Mortley, on your behalf, submitted that the principles of Bugmy applied in your case and should also reduce your moral culpability.[6] Counsel for the prosecution, Ms Burnett, conceded that Bugmy had application in your case in a general way. The case of Bugmy stands for the proposition that profound childhood deprivation is directly relevant to sentencing, in and of itself. This is so 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 hardships 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 for the Court’s consideration of the weight to be given your prior criminal history.
[6] Bugmy v The Queen 249 CLR 571.
41In your case, I accept that your childhood involved deprivation as a result of the violence perpetrated upon you by your father, the instability, displacement, mental health and intellectual disability issues and your fractured and limited schooling. These experiences have had a substantial impact upon you and have been directly responsible for your ongoing and profound mental health, cognitive, behavioural and addiction issues.
42As a result, I find that your moral culpability should be somewhat reduced. I also consider that these same factors would have been in operation at the time of your prior matters and, therefore, put your prior convictions in context. It is still my view that there is a place for specific deterrence in your case, although it is reduced as a result of my findings pursuant to the Bugmy principles.
Disability Justice
43Given your difficulties you have been assessed and provided an NDIS package that provides funding for support. At your bail hearing on 6 February 2025 I heard evidence from your NDIS case manager Faisa Osman. Ms Osman advised the court that she has worked with you in custody and upon your release you have maintained telephone contact with both her and physical contact with other support workers. You had attended an occupational therapist, support workers and were due to see a forensic psychologist next week. Ms Osman was in the process of requesting further funding so that behavioural support services could be provided to assist both yourself and the care team.
44At your plea hearing, the author of the Disability Overview Report, Ms Pascoe, attended and addressed the court, in response to questions, about how a Justice Plan would work in your case. Ms Pascoe was aware of your current NDIS services and advised the court that Disability Justice would work collaboratively with you and your existing care team. The Justice Plan recommends that you engage in supervision with a Disability Justice Coordinator from DFFH, that you participate in a referral to Forensic Disability Clinical Services team and undertake assessment and participate in offending behaviour programs recommended and that you be referred and participate in drug and alcohol assessment and treatment as recommended by specialist drug and alcohol treatment services, including residential treatment. This regime of treatment will be tailored to cater for your particular needs and cognitive deficits.
Plea of guilty and remorse
45Lastly, I have taken into account that your plea of guilty illustrates that you have taken responsibility for your actions and demonstrates your desire to facilitate the course of justice. You have always indicated an intention to plead guilty to appropriate charges. Your plea of guilty has utilitarian benefit and has spared Ms Russell and Ms Dunstan from giving evidence at trial which is an important factor. In the circumstances, I propose to allow a significant discount for your plea of guilty.
46Further, I accept that your plea of guilty is indicative of your remorse. It was apparent to me from your presentation in court and your shame in relation to the CCTV footage that your remorse is genuine.
Sentencing principles
47The basic purposes for which a court may impose a sentence are punishment, general and specific deterrence, rehabilitation, denunciation and protection of the community.
48Although general deterrence remains the primary purpose of sentencing in your case because of the seriousness of your offending and its connection to family violence, I have moderated the weight that it is to be given as a result of my findings in relation to the application of the principles in Bugmy, Muldrock and Verdins. In the circumstances of your case, I am mindful that there is some degree of overlap between the application of Bugmy and Verdins and I have therefore been careful to place appropriate weight on these mitigatory factors. It is my view that your moral culpability ought be reduced and general deterrence should be moderated.
49Further, in my view, specific deterrence should still be given some weight in sentencing you. This is because of your extensive history of offending. I am mindful that have experienced the very direct and severe consequences of incarceration as a result of your offending. You have been remanded and spent 265 days in custody 207 days of which is directly referable as pre-sentence detention for this matter. In your case, I regard protection of the community to be a relevant consideration. However, the evidence before me from Ms Matthews, Ms Pascoe and the submission of your counsel, reveals that protection of the community is closely aligned with your rehabilitation. It is my view that the community and the victims of your offending will be best served if your rehabilitation is tailored to meet your cognitive capacity and is otherwise fostered and encouraged rather than interrupted by a return to custody. Clearly, this is what will reduce your risk of future offending.
50I take into account the sentencing guidelines referred to in section 5 of the Sentencing Act,[7] where relevant to your case. In particular, I have had regard to the sentencing landscape for the offending before me, particularly in the family violence context. Ultimately, the sentencing exercise requires that I balance all relevant factors and make a judgment as to the appropriate sentence in the circumstances of your particular case.
[7] Sentencing Act 1991 (Vic) s 5.
51The principles of totality, proportionality and parsimony are also very important considerations here. They not only require me to make sure the total sentence is appropriate for the total criminality but also that I must do no more than is necessary to appropriately punish you. I have taken these principles into account in fixing the sentence I will now impose.
52Weighing up all relevant matters, including the gravity of the offending, the CCTV, the matters canvassed in Ms Matthews’ report, the presentence reports from both Disability Justice and Corrections, and the submissions of counsel I consider that a further sentence of imprisonment, over and above that which you have served is not required in the circumstances of your case and the sentencing factors of general deterrence, just punishment and denunciation can be addressed by the a combination penalty which involves the imprisonment time you have already served and the imposition of a Community Correction Order with a Justice Plan. In coming to this conclusion, I am mindful of the guidance given by the Court of Appeal in Boulton v The Queen, that is, a Community Correction Order may be suitable even in cases of relatively serious offences which might previously have attracted a medium term of imprisonment.[8]
[8] Boulton v The Queen [2014] VSCA 342.
Disposition
53Mr Cox, in relation to each of the charges before the court you are convicted. I order that you are sentenced to an aggregate 207 days imprisonment. In addition, you are be placed on a Community Correction Order for a period of 18 months. The conditions of this Community Correction Order include that you must participate in the Justice Plan with the conditions I have outlined. That is, you keep in contact with Disability Justice, Ana Pascoe, that you do the programs they recommend and you do AOD counselling which includes the possibility of inpatient rehabilitation. Ms Pascoe, from what she said, is going to work in with NDIS and work with you and hopefully get you into somewhere where you can stay and have some success with treatment.
54I am also going to order a condition for judicial monitoring, so I want you to come back and see me in six weeks’ time. I have done this because I want to see how you are going and I want to make sure you are staying out of trouble and keeping your appointments. It’s also an opportunity for me to see if there are any issues.
55This can be done via Webex and if necessary you can appear at Corrections with your corrections officer present. I am interested to see how you go and I want to encourage you to do well because I see that would be the best outcome for everyone.
56In addition to the conditions that I have imposed, there are standard conditions that you must comply with, and you might already know these and Corrections may well have gone through them with you, but I need to explain them to you. The most important of the standard conditions is that you do not commit another offence punishable by imprisonment within the period of the Order, so that is for the next 18 months. You need to report within two working days to your nearest Corrections office and I understand that that will be Ringwood Corrections.
57You are required to advise your supervising Corrections office of any change of address of where you are living or working within two clear working days. And it is a term of all Community Correction Orders that you must submit to visits as directed, obey the instructions and directions of the Corrections officers, and also you cannot leave the State of Victoria without their prior permission.
58So, Mr Cox, if you reoffend you will breach the Order, and if you do not comply with the conditions I have imposed or the standard conditions, you will breach the Order and if you do breach, you come back before me and you may be resentenced for the original charges.
59I can only place you on a Correction Order if you agree so firstly, do you understand what is involved in the Order? And the Justice Plan?
60OFFENDER: Yeah, I do Your Honour.
61HER HONOUR: All right. And do you consent to the Order?
62OFFENDER: Yes, I agree Your Honour.
63HER HONOUR: In relation to the term of imprisonment I reckon that you have already served 207 by way of pre-sentence detention and this will be entered into the records of the court. You served that on remand. And so this will be entered into the records of the court. So you won't be required to go back to gaol.
64In relation to s6AAA of the Sentencing Act,[9] had you not pleaded guilty to the charges, the sentence I would have imposed on you is a term of 2 years imprisonment with a non-parole period of 15 months.
[9] Sentencing Act 1991 (Vic) s 6AAA.
65HER HONOUR: Are there any ancillary orders Mr D'Monte for the knife? I didn't see any.
66MR D'MONTE: I believe there's automatic forfeiture for weapons involved in indictable crimes, so no we won't be but - - -
67HER HONOUR: Excellent.
68All right thanks everyone.
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