Director of Public Prosecutions v Coyle
[2022] VCC 2094
| IN THE COUNTY COURT OF VICTORIA | Revised Not Restricted Suitable for Publication |
AT Melbourne
CRIMINAL jurisdiction
CR 22-01324
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| DYLAN COYLE |
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JUDGE: | HIS HONOUR JUDGE GAMBLE | |
WHERE HELD: | Bendigo and Melbourne | |
DATE OF HEARING: | 17 and 24 November 2022 | |
DATE OF SENTENCE: | 30 November 2022 | |
CASE MAY BE CITED AS: | DPP v Coyle | |
MEDIUM NEUTRAL CITATION: | [2022] VCC 2094 | |
REASONS FOR SENTENCE
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Subject:CRIMINAL LAW – Sentence.
Catchwords: Aggravated burglary, Theft, Assaults; Guilty Pleas; Genuine Remorse; COVID-19 considerations; Good prospects of rehabilitation.
Legislation Cited: Sentencing Act 1991 (Vic).
Cases Cited:R v Doran [2005] VSCA 271; R v McKee and Brooks (2003) 138 A Crim R 88; [2003] VSCA 16.
Sentence: Combination sentence of 265 days’ imprisonment to be followed on release with a 24 month community correction order.
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APPEARANCES: | Counsel | Solicitors |
| For the Director of Public Prosecutions | Mr B. Nibbs | Office of Public Prosecutions |
| For the Accused | Mr R. Morgan | Peter Baker & Associates |
HIS HONOUR:
Introduction
1Dylan Coyle, you have pleaded guilty to an indictment containing one charge of aggravated burglary, for which the maximum penalty is 25 years' imprisonment, and one charge of theft, for which the maximum penalty is 10 years' imprisonment.[1]
[1] Charges 1 and 2, respectively, on Indictment N10486776.
2You have also consented to this court hearing and pleaded guilty to four related summary offences, as follows:
·Summary Charge 3, assault with a weapon;
·Summary Charge 7, commit indictable offence whilst on bail;
·Summary Charge 10, unlawful assault; and
·Summary Charge 11, possession of a Schedule 4 poison.
3The maximum penalty for assault with a weapon is two years' imprisonment while for each of commit indictable offence whilst on bail and unlawful assault it is three months' imprisonment. Possession of a Schedule 4 poison is punishable by a fine of up to 10 penalty units.
4You were 24 years of age at the time of this offending and are now 25, having been born in April 1997.
Circumstances of the offending
5The circumstances of your offending are set out in the further amended summary of prosecution opening which has been acknowledged by your counsel as an agreed statement of facts for sentencing purposes.[2] When determining the appropriate sentence, I have had regard to that opening and to the discussions counsel and I engaged in during the plea hearing.
[2] Dated 17 November 2022 (Exhibit A).
6For present purposes, the following summary will suffice.
7On about 5 March this year, a man named Ryan Wotley invited you to move into his North Bendigo unit and then, only two days later, asked you to move out. You believed his motivation for doing so was jealousy as you had been trying to start a relationship with a mutual female friend.
8A couple of days later, on 9 March, you were using illicit drugs in Long Gully with a male named Michael O'Dowd. By approximately 9:30 pm, you were in an angry frame of mind over the issues you were having with Mr Wotley. You had become convinced that he had ruined any opportunity you might have had of forming a relationship with the woman in question as she had become aware of his bad mouthing of you to mutual acquaintances on social media.
9As you had previously purchased Xanax tablets from Mr Wotley on a number of occasions, you decided to attend his unit to steal any such tablets that he then possessed. You asked Mr O'Dowd to accompany you and he agreed.
10After the two of you armed yourselves with a hammer and metal object, respectively, you walked from Long Gully to Mr Wotley's unit in North Bendigo. The weapons were intended to be used for self-protection and to intimidate the intended victim, Mr Wotley.
11At approximately 10.15 pm, the two of you arrived and then gained access to Mr Wotley's unit via an unlocked front door. Mr Wotley was in the loungeroom with a male friend named Kaleb Giri. When you and Mr O'Dowd immediately confronted Mr Wotley, he grabbed a sheathed sword to protect himself. After you managed to dispossess him of it, you placed him in fear by producing the hammer from your pants. It is that threatening conduct on your part which forms the factual basis for the offence of assault with a weapon alleged in Summary Charge 3.
12Mr O'Dowd then demanded that Mr Wotley obtain and hand over any Xanax tablets he had. When he went to his bedroom to obtain them, you pushed his friend Mr Giri back onto the couch as he stood up to defend Mr Wotley. That act of pushing is the basis for the offence of unlawful assault alleged in Summary Charge 10.
13Mr Wotley returned from his bedroom with some Xanax tablets and gave them to Mr O'Dowd. Mr Wotley then ran from the unit and Mr O'Dowd chose to leave.
14You then began searching for any other drugs as you did not want to leave empty handed. After locating five Xanax tablets in a drawer, you ran from the unit and rejoined Mr O'Dowd. On the walk back to Long Gully, you threw the hammer over the fence of an unknown property in North Bendigo.
15At approximately 10.20 pm, Mr Wotley returned to his unit and phoned police to report the incident and later nominated you and Mr O'Dowd as the offenders.
16The offence of aggravated burglary alleged in Charge 1 on the indictment is based on you having entered the home of Mr Wotley as a trespasser while armed and while having an intent to steal from and assault its occupant, Mr Wotley.
17The offence of theft alleged in Charge 2 on the indictment relates to the five Xanax tablets you stole from Mr Wotley.
18The offence of commit indictable offence whilst on bail alleged in Summary Charge 7 is based on your commission of this aggravated burglary while on bail granted by a magistrate in 2017 for a charge of assault with a weapon. That charge was initially being dealt with by way of a diversion process, but when you failed to comply and to appear the matter was escalated to the point where you are now due to appear at the Bendigo Magistrates Court on 2 December 2022, at which time you intend to plead guilty to that charge and face sentencing.
Arrest and interview
19You were arrested for the current offending the following day, namely on 10 March 2022. On searching you, police located and seized the single Seroquel tablet that is the subject of the offence of possession of a Schedule 4 poison alleged in Summary Charge 11.
20When initially interviewed by police at the Bendigo police station, you exercised your legal right to give ‘no comment’ answers to all questions and allegations put to you. You were then released pending summons. However, upon your release you told police that you wanted to return for a second interview and tell them 'the full story' once you had taken 20 minutes to get some fresh air.
21Soon afterwards, you voluntarily returned and requested a second interview which you then chose to take part in despite being told there was no obligation on your part to either remain at the police station or take part in such an interview.
22In the second interview, you made the following full and very frank admissions:
·You were in a fit of rage when you and Mr O'Dowd attended at Mr Wotley's unit with the intention of stealing his Xanax tablets;
·You were armed with a hammer and Mr O'Dowd had a lead pipe or 'something like that';
·You wanted to scare Mr Wotley;
·You knew it was wrong to enter his unit uninvited;
·You had no intention of hurting anyone; you just wanted to scare the victims and steal the Xanax tablets; and
·You threw the hammer into the front yard of a residential property while walking away from Mr Wotley's address.
Mr O'Dowd
23I note that Mr O'Dowd was arrested on 12 April 2022 and also interviewed at Bendigo police station. After he had denied any involvement in the offending, he was released pending summons. He has never been charged by police in relation to this matter.
Pre-sentence detention
24You were charged immediately after the second interview. At that time, you told police that you didn't want to apply for bail because you wanted to rid your life of drugs and were prepared to go to gaol for the wrongful behaviour in which you had engaged. As a result, you were remanded in custody. As you have not applied for bail since, you have spent a total of 265 days in pre-sentence detention for this matter. That period will be the subject of a formal declaration shortly.
Guilty plea
25You have pleaded guilty at what I consider to be the earliest reasonable opportunity as this matter resolved on 25 July 2022. You were formally arraigned at a further committal mention hearing and then committed to this court.
Prior criminal history
26As revealed by the criminal record filed with this court,[3] you have a limited prior criminal history, having been previously sentenced for five offences as a result of three appearances at the Gladstone Magistrates Court.
[3] Dated 17 October 2022.
27On 1 February 2016, you were fined without conviction for public nuisance. Then, on 16 February 2021, you were found guilty and placed on a six-month good behaviour bond for two offences involving drug possession and one of being in possession of property suspected of having been used in connection with the commission of a drug offence. And finally, on 1 March 2021, you were convicted and fined for an offence of contravene direction or requirement.
Further charge
28As already noted, following an unsuccessful attempt at diversion, you now face sentencing at the Bendigo Magistrates' Court in two days' time for an offence of assault with a weapon alleged to have been committed on 20 March 2017. You intend to plead guilty to that charge on that date.[4]
[4] This was put as being the position by defence counsel during the plea.
29As the matter has not yet been finalised, it has very little relevance for current sentencing purposes. I say 'very little' because, while the offence has not yet been proven, you are intending to plead guilty which I take to be an admission to having committed the offence and that is relevant to any assessment of your prospects of rehabilitation. However, given that I have no knowledge of the circumstances in which that offence is alleged to have been committed[5] and that it occurred more than five and a half years ago, it has minimal significance to any such assessment.
Personal circumstances
[5] Other than it was deemed appropriate to deal with by way of diversion in the first place.
30I now turn to consider your personal circumstances, Mr Coyle. They have been briefly referred to in your counsel's written submissions to the court[6] and more comprehensively set out in the report of Gina Cidoni,[7] the psychologist who assessed you on 27 October this year.
[6] Dated 16 November 2022 (Exhibit 1).
[7] Dated 31 October 2022 (Exhibit 2).
31You were born in Gladstone, Queensland and are an only child. Both of your parents used drugs. They separated when you were only four years of age. That resulted in frequent moves until your mother settled in Bendigo. You lived with her between the ages of four and 13 and then with your father in Western Australia for two years. Then, after a brief time living with your paternal grandparents, you returned to live with your mother until you were 17. Your accommodation since that time has been rather unstable and involved numerous relocations.
32Soon after moving to Bendigo, your mother formed two new relationships in quick succession. The first was brief and produced a son who is now aged 22 while the second has proved to be long term but somewhat problematic and produced a daughter who is now aged 21.
33Your mother's second new partner was, on your account, a violent alcoholic in the family home. However, he ultimately changed and remains living with your mother in Tongala.
34The time you spent living with your father was also disruptive. He was violent and heavily addicted to the drug ice. You were neglected and largely left to fend for yourself. At times you were homeless and at other times people who you did not know spent time at the house helping to look after you. As you later reported to Ms Cidoni, one of those babysitters behaved very inappropriately by making you watch 'horror movies' and 'fucked up things'.[8]
[8] See Exhibit 2 at p3, paragraph 40.
35At around 19 or 20 years of age, you moved back to Gladstone where you stayed with your grandmother. For a period you were able to work and remain drug-free. However, you ultimately relapsed and then returned to live in Victoria. When your plan to live with a friend in Melbourne fell through you returned to Bendigo, where you resided with another friend and engaged in drug use. At one point you were living with your half-brother and his wife in Sale, but that arrangement was terminated when you were seen to be drug-affected in the presence of their child.
36In 2021, you spent six months living in Adelaide with a friend.
37In the lead-up to the current offending, you had been homeless for approximately four months.
38You are yet to have a committed or long-term relationship. You have no children.
39Your education was severely disrupted by the many moves and consequent changes of school. You ultimately left in Year 10 after being expelled for misbehaviour.
40Since that time you have had a number of short-term jobs, most of which involved working in kitchens. Your longest single period of employment was for 10 months. Your last job ended when you were 23.
41You have no formal mental health history but report severe symptoms of anxiety for which you have unsuccessfully sought counselling whilst on remand.
42Your past consumption of alcohol has not been problematic.
43The same cannot be said about your long history of drug use. Your father introduced you to cannabis use when you were 13 and you became addicted. By age 19, you were also using ice, MDMA and Xanax. The use of the latter two continued until you were remanded in custody for this matter. You have also used cocaine, heroin and ketamine. You have experienced a number of fits while sleep deprived from drug use, psychosis caused by ice use and a number of 'bad trips' brought about by your use of psychedelics.
44Although you underwent four months of in-patient drug treatment and rehabilitation at the Basin when you were 20, you relapsed soon after leaving that facility.
45I note that you have been receiving Buprenorphine while in custody.
46As a result of interviewing you on 27 October, Ms Cidoni concluded that you presented with average to low-average intellectual function and social and emotional immaturity. The following clinical diagnoses were indicated:
·Post-Traumatic Stress Disorder (‘PTSD’);
·Generalized Anxiety Disorder;
·Cluster B personality traits; and
·Substance Use Disorder.
47In her opinion, the PTSD likely emerged during your childhood in response to the home setting. As a result, you are more easily triggered or 'set off' and more likely to react very intensely to situations that do not warrant it. You also experience problems with self-regulation, impulse control and consequential thinking.
48Among the Cluster B symptoms are a pervasive pattern of instability in interpersonal relationships, self-image and emotions, as well as marked impulsivity and anger.
49In Ms Cidoni's opinion, you understand the perils of drug taking but cannot resist the immediate reward of feeling elevated, stress and trauma-free.[9]
[9] See at [78] of Exhibit 2. The use of the word 'can’ rather than 'can't' in this context appears to be a 'typo'.
50Unsurprisingly, Ms Cidoni concludes that these factors combined inform an understanding of your offending. Your use of drugs in the lead-up to this offending was an attempt to address, through self-medication, the significant adversity and negative input you experienced in your formative years. And that disadvantaged upbringing compromised your capacity to function adaptively and responsibly.
51Ms Cidoni is concerned about the prospect of entrenching your antisocial personality traits at a time when you could respond positively to treatment. A prison setting is, in her view, likely to lead to violence, sanctions and behavioural and mental deterioration.
52In her opinion, you would benefit from psychological counselling over at least 12 months, a psychiatric assessment for medication to moderate symptoms, drug treatment and counselling and stable accommodation, employment and/or skills training to promote work and prosocial lifestyle.
53I note that you have attempted to use your time in custody as best you can, Mr Coyle, but that the COVID-19 measures that Corrections have had to implement, and to varying degrees maintain or re-introduce during the course of the pandemic, have curtailed to some extent what has been achievable. You have, however, managed to work as a sports billet and attend the gym regularly.
Matters in mitigation
54Your counsel was able to rely on the following matters in mitigation, Mr Coyle.
55Your cooperation with the investigating police in this matter was both genuine and very significant. Although not on all fours, it has some parallels with the policy considerations which underpin the principles enunciated in the case of The Queen v Doran[10] (‘Doran’) and I propose to accord it very significant weight in your case.
[10] [2005] VSCA 271.
56Essentially, you provided police with the admissions that they needed to prosecute you for these offences. As acknowledged by prosecuting counsel at the plea, you were in no different position to Mr O'Dowd, and so, had you persisted with an exercise of your legal right to silence while at the police station as Mr O'Dowd effectively did, you too would almost certainly not have been charged let alone prosecuted. The fact that the complainant had cleaned up and interfered with the scene prior to police attending was no doubt an influential factor in any consideration of whether Mr O'Dowd ought be prosecuted.
57You followed up on that cooperation by entering pleas of guilty at the earliest reasonable opportunity. That too is deserving of significant weight. It has spared the complainants from having to give evidence and be cross-examined. It evidences a desire to facilitate the course of justice on your part and has saved the community the cost and time of a trial. Of particular significance is the COVID‑19 context; by pleading guilty as and when you did, you have assisted this court to deal with the ever present pressures of managing the increased trial backlog brought about by the pandemic.
58Your entire approach to this matter from the moment you indicated you wished to be re-interviewed by police provides a powerful basis on which to find that you are truly remorseful for what you did. Not only did you confess but you acknowledged that you were deserving of significant punishment and in need of drug treatment and rehabilitation. Given my lengthy experience in the criminal law, I feel able to confidently say that it is very rare for a suspect, particularly one who has never been to gaol before, to forfeit their right to apply for bail in favour of undergoing the punitive and detoxifying experience of remand in an adult gaol.
59The twin motivations behind your offending appear to have been a need for the type of prescription medication to which you were addicted and a desire to punish the complainant for having evicted and badmouthed you. In my view, there are sound reasons for viewing your moral culpability as reduced notwithstanding that you were drug affected at the time and the likely disinhibiting effect that those drugs would have had on you.
60Given the assessment and conclusions of Ms Cidoni, I am satisfied that you were ill-equipped to deal with the adverse consequences that Mr Wotley's conduct no doubt caused you. Your capacity for calm, rational thought and consequential thinking is compromised. Further, your unfortunate upbringing has negatively impacted your ability to form meaningful relationships and in that context I am satisfied that you would have been prone to overreact to the negative campaign that the complainant was running about you online. In short, you believed it extinguished any chance you had to form a relationship with the woman who was a mutual acquaintance of both you and the complainant.
61In light of the disadvantaged upbringing that you experienced, it is to your credit that you have only a limited criminal record and, until this incident, no findings of guilt or convictions for violence or weapon-related offending. Furthermore, you have managed to obtain and engage in paid employment.
62However, the upbring to which you were subjected inevitably led to you developing a serious drug addiction from a very young age. Given that part of the rationale for your current offending was to obtain drugs for your own use, I am satisfied that the principles discussed in R v McKee and Brooks[11] have some application. This provides yet another reason for viewing your moral culpability for this offending as somewhat reduced.
[11] (2003) 138 A Crim R 88; [2003] VSCA 16.
63I accept that the time that you have spent on remand has been an onerous experience for you, for a number of reasons. It is your first time in custody. It has been undertaken during the COVID-19 pandemic with all of the restrictions that Corrections have had to implement, and in some cases maintain or re-implement, in relation to prisoners visitation rights and their ability to undertake education, courses and work while in custody. Your PTSD, anxiety and particular personality traits, as diagnosed by Ms Cidoni, mean that your experience of custody to date is likely to have been even more onerous. I am prepared to accept that it, together with the prosecution process more generally, has already achieved some measure of personal deterrence in your case.
64At age 25, you are still a relatively young man with a considerable time ahead of you. You have a genuine desire to rid yourself of the scourge of drugs and have treated your time on remand as an opportunity to detoxify. I am cautiously optimistic about your motivation and determination to engage in treatment and counselling for your drug habit once released back into the community.
65I am told and accept, that while members of your family have been troubled by your drug use in years past, they are nonetheless willing to assist you on your release from custody. The promised assistance includes the provision of accommodation and other support, including transport, to better enable you to comply with the demands of a community correction order.
Gravity of the offending
66In addition to matters personal to you, Mr Coyle, this court must also have regard to the gravity of your offending which I note took place while you were on bail for an unrelated charge of assault with a weapon.
67The very high maximum penalty for aggravated burglary is reflective of just how seriously parliament and the community views this type of offence.
68The offence committed by you has some serious aspects, including the fact that it was undertaken in company, involved an intent to assault and the possession of weapons, and took place at residential premises. There was also a degree of planning and premeditation given that the plan was hatched in Long Gully and the offence occurred in Bendigo North sometime later.
69The offence of assault with a weapon was a relatively serious offence in its own right as it occurred in the victim's home and no doubt scared him. However, it was limited to the brief production of the hammer so as to place the victim in fear rather than any physical assault with that hammer. The victim was not struck or injured.
70Whilst the unlawful assault involved a different victim and the actual application of physical force, it was restricted to a pushing motion of brief duration and was unlikely to have caused any physical injury. It is a relatively low-level example of this type of offence.
71As for the offence of theft, while I note that the 10-year maximum is indicative of the inherent seriousness of such offending, this offence involved property of a low value and is to be properly viewed as falling towards the lower end of the spectrum of seriousness for theft.
72By contrast, I consider the aggravated burglary and assault with a weapon offences to be mid-range examples, again by reference to the applicable spectrum of seriousness for each type of offence.
Relevant sentencing principles
73The nature and seriousness of this type of offending is such that the sentencing principles of general deterrence and denunciation require some emphasis. At the end of the day, there is never any justification for an armed invasion of the sanctity of another person's home in order to scare and steal from them. That remains the case, notwithstanding any grievance, real or perceived, that the offender may hold in relation to the proposed victim. The community is rightly concerned about that type of behaviour which, regrettably, is commonplace. Courts must do what they can, within the bounds of the law, to discourage and condemn such antisocial behaviour.
74Although not as prominent, specific deterrence and protection of the community must also be given some weight in this sentencing exercise.
75This court must also punish Mr Coyle to an extent and in a manner that is just in all the circumstances. The nature and seriousness of his offending on this occasion is such that any sentencing disposition must involve imprisonment.
76Mr Coyle's age and prospects of rehabilitation are important considerations in the mix. He is still relatively young and capable of turning his life around providing he can successfully overcome his serious drug addiction. That will not be easy and will require a sustained level of motivation on his part and considerable discipline. All relevant matters considered, I have concluded that his prospects, while guarded, are good.
77The sentencing principles of totality and double punishment also arise for consideration and application in the particular circumstances of this case. The offences committed at Mr Wotley's home on the evening of 9 March occurred during a single and relatively short episode of offending and involved a degree of overlap. For example, the assault of Mr Wotley and the theft of his Xanax tablets represented the carrying out of Mr Coyle's earlier-formed intentions, which themselves constitute some of the elements of the offence of aggravated burglary. Another example is the obvious overlap between the offence of aggravated burglary and the fact that it is the very indictable offence which is relied upon for the purposes of the related summary charge of commit indictable offence whilst on bail.
78Of course, each of the offences involved a separate degree of criminality and added to the overall seriousness of the offending. And it needs to be remembered that there were two victims not one.
79But that said, care must be taken when determining a just sentence. In the end, this court must arrive at a sentence that reflects the total criminality involved in this offending, no more and no less. And it must be astute to avoid any risk of doubly punishing Mr Coyle for the same act or conduct.
80Finally, it is worth noting parsimony as a further relevant sentencing consideration. It is important in this case because of the emerging desire that Mr Coyle has evidenced in relation to rehabilitating himself by addressing his problematic drug addiction. It is in the best interests of both he and the community that he is assisted to undertake the necessary counselling and treatment in the community as soon as can be properly accommodated within the limits of the law. To require Mr Coyle to serve further time in custody than he already has would, in my view, risk chilling his motivation for reform and possibly increasing his chances of reoffending once released.
Sentencing submissions
81In his sentencing submissions, counsel appearing for Mr Coyle submitted that the punitive requirements of any sentence could be met by the imposition of a combination sentence restricted to time already served on remand together with a lengthy and onerous community correction order that included a significant number of hours of unpaid community work.
82For their part, the prosecution submitted that the seriousness of this offending called for imprisonment. However, and fairly, the prosecution acknowledged that the constellation of mitigating factors in this case was unusual and warranted close attention in the sentencing exercise.
Analysis
83In my view, this is a rather unusual case. It is unlikely to provide much if any assistance in later cases insofar as the task of relying on comparable cases is concerned. It would certainly not have any precent status.
84The Doran-type point in this case is of especial significance and, in combination with the other mitigatory considerations, presents a powerful constellation of factors that justify a concomitant degree of leniency.
85In the end, after having carefully considered, balanced and weighed the various sentencing considerations as best I can, I have concluded that those considerations can be adequately addressed through the imposition of a suitably calibrated and conditioned combination sentence which will have the effect of immediately releasing Mr Coyle from custody to commence a relatively lengthy and onerous community correction order. Part of the purpose of that order is to provide him with the assistance that he so clearly needs to address his issues with drug use and mental health and any other causal factors relating to his offending.
Sentence
86This court now formally sentences you as follows, Mr Coyle.
87You will be convicted and discharged in respect of the offences of commit indictable offence whilst on bail and possession of a Schedule 4 poison alleged in Summary Charges 7 and 11, respectively
88For the remaining charges, namely Charge 1, aggravated burglary, Charge 2, theft, Summary Charge 3, assault with weapon, and Summary Charge 10, unlawful assault, you will be convicted and sentenced to an aggregate term of 265 days' imprisonment in combination with a 24-month community correction order.
89The core conditions of that community correction order are as follows:
·You must report to the offices of Bendigo Community Correctional Services Centre at 3 William Vahland Place in Bendigo within two clear working days after the order commences; that is by 4 pm on Friday, 2 December;
·You must report to and receive visits from the Secretary;
·You must comply with any obligation or requirement prescribed by the relevant regulations;
·You must comply with any direction given by the Secretary that is necessary to ensure that you comply with the order;
·You must notify the Secretary of any change of address or employment within two clear working days of the change;
·You must not leave Victoria except with the permission of the Secretary; and
·You must not commit any offence punishable by imprisonment while the order is in force.
90In addition to those core conditions, the order will also have the following special conditions:
·You must perform 300 hours of unpaid community work, as directed;
·You must undergo assessment and treatment (including testing) for drug abuse or dependency, as directed;
·You must undergo any mental health assessment and treatment, as directed;
·You must undergo treatment and rehabilitation by undertaking programs to reduce reoffending, as directed;
·You must be under the supervision of a community corrections officer for a period of 24 months, as directed; and
·Fifty hours of treatment and rehabilitation successfully undertaken are to be counted as hours of unpaid community work for the purposes of the unpaid work condition.
91As you now know, Mr Coyle, one of the core conditions requires you not to commit any further offences during the period of the order, namely in the next two years. If you reoffend during that period and/or fail to comply with one or more of the other conditions, you could be charged with breaching this order, an offence which carries a maximum penalty of three months' imprisonment. Not only could you be sentenced for that offence, you could also be sentenced afresh for the very offences for which you have been placed on this order today. If that were to happen, you would face the very real prospect of being sent back to gaol. Do you understand all of what I have just told you, Mr Coyle?
92OFFENDER: Yes, Your Honour.
93HIS HONOUR: Very well. Are you prepared to consent, that is agree to being placed on this order today and to abide by all of its conditions?
94OFFENDER: Yes, I do, Your Honour.
95HIS HONOUR: Very well, Mr Coyle. Your verbal consent will be noted at this point and is sufficient for present purposes. You will be provided with a copy of the order later today or in the very near future to sign. Do you also consent to signing the order if and when requested to do so?
96OFFENDER: Yes, I do, Your Honour.
97HIS HONOUR: Very well.
Pre-sentence detention
98Pursuant to s 18 of the Sentencing Act 1991, I declare that Mr Coyle has served a total of 265 days' pre-sentence detention, not including today's date, in respect of today's sentence. I order that such period is to be reckoned as already served under that sentence and I further order that the declaration and its details be entered in the records of this court.
Section 6AAA indication
99Although undertaking the exercise required by s 6AAA of the Sentencing Act1991 is highly artificial in the circumstances of this case, I am nonetheless prepared to indicate that but for his plea of guilty to the charges for which he has received an aggregate term of imprisonment today as part of a combination sentence, Mr Coyle would have been sentenced to a total effective sentence of two and a half years with a non-parole period of 18 months for those charges.
Other matters
100Are there any matters that counsel need to raise at this stage in relation to either the sentence or the sentencing reasons, starting with you, Mr Nibbs?
101MR NIBBS: No, thank you, Your Honour.
102HIS HONOUR: Mr Morgan?
103MR MORGAN: No, thank you, Your Honour.
104HIS HONOUR: Mr Morgan, I am conscious that Mr Coyle will be facing the Bendigo Magistrates Court on Friday for the outstanding charge of assault with a weapon. It may be of assistance for any legal representative appearing for him on that day to have the benefit of my sentencing reasons today and indeed if the magistrate so chose they may also receive some benefit from them. In those circumstances, I would be prepared to provide my sentencing reasons to the parties for that purpose even in an unrevised form. Are you appearing for Mr Coyle on that day, Mr Morgan?
105MR MORGAN: Yes, I am. Thank you very much, Your Honour. That would be deeply appreciated, Your Honour.
106HIS HONOUR: All right. Well, I'll have my associate provide the defence and the prosecution with a copy of my unrevised sentencing reasons in this matter for potential use in that context, but that's the only reason I'm providing them. Any other intended use of them would need to be taken up with my associate and would only be permitted once the reasons are in revised form. All right?
107MR NIBBS: Yes, Your Honour.
108MR MORGAN: Thank you, Your Honour.
109HIS HONOUR: Mr Coyle, just before I leave the court, can I wish you well in your challenging attempt to turn things around. You need to be very careful, though. You're going to be released from custody sometime today I suspect. The temptation for you might be to go out and to really enjoy that moment and that day, but you need to be very, very careful because if you mix with the wrong people and/or if you give in to what will be an ongoing temptation to revert to drug use your future will be put in jeopardy, as will be your liberty. It will likely lead to you reoffending and potentially going back to gaol and that's the last thing I would expect you would want. So good luck with that, but be very careful.
110OFFENDER: Thank you, Your Honour. I appreciate that.
111HIS HONOUR: Yes, all right. Adjourn the court sine die at this stage, thank you.
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