Director of Public Prosecutions v Fitzgerald

[2019] VCC 710

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR 15-01202

DIRECTOR OF PUBLIC PROSECUTIONS

v

JASON FITZGERALD

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JUDGE:	HER HONOUR JUDGE HAMPEL
WHERE HELD:	Melbourne
DATE OF HEARING:	17 May 2019
DATE OF SENTENCE:	17 May 2019
CASE MAY BE CITED AS:	DPP v FITZGERALD
MEDIUM NEUTRAL CITATION:	[2019] VCC 710

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

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APPEARANCES:	Counsel	Solicitors
For the Office of Public Prosecutions	Mr R. Scheid	Office of Public Prosecutions
For the Accused	Ms T. Di Paolo	Stary Norton Halphen

HER HONOUR:

1I formally order the contravention is found proven and I take no further action in respect of that.  The original order is varied, the effect of which is to remove the treatment conditions and therefore to vary the community corrections order in these terms.

2On the original Charges 1 and 2 of attempted armed robbery and robbery,
Mr Fitzgerald is convicted and ordered to serve a community corrections order for a period of three years commencing upon the completion of his term of imprisonment and ending three years from that date.  He must attend Melbourne Community Correctional Service within two clear working days upon completion of the imprisonment term.  In addition to the mandatory terms, he must be under the supervision of the Community Corrections officer for a period of three years and must have judicial monitoring.  He must attend for review on 19 July 2019 at 9 am at the Melbourne County Court. 

3I have not put as a condition of the order the time for attendance for the next supervision appointment, but I note that a time of 10 am on Monday 20 May has been set for the next supervision appointment and you must attend that.  It is a condition of your order Mr Fitzgerald.  Do you understand that?

4OFFENDER:  Yes, Your Honour.

5HER HONOUR:  All right.  Can you stand then please?  Your order is varied
Mr Fitzgerald. 

6MR SCHEID:  Your Honour if I may, I'm sorry for interrupting.

7HER HONOUR:  What did I say?

8MR SCHEID:  I thought you said July 2017.  Should that be 2019 for the judicial monitoring?

9HER HONOUR:  It should be 2019.

10MR SCHEID:  I'm not sure what's printed there though.

11HER HONOUR:  It's not printed there.

12MR SCHEID:  Thank you, Your Honour.

13HER HONOUR:  That was just my misread.  Thank you. 

14MR SCHEID:  That's all right.

15HER HONOUR: So your community corrections order is varied, it lasts for three years commencing from the date that you were released. The mandatory terms that apply to all community corrections orders are that you must not commit another offence for which you could be imprisoned during the time the order is in force. You must comply with any obligation or requirement prescribed by Regulation 17 of the Sentencing Regulations 2011, that means submitting to drug or alcohol testing if directed.

16You must report to and receive visits from the Secretary or delegate.  You must report to the Community Corrections Centre within two clear working days of the order starting and of it being varied and that is 10 am next Monday 20 May. 

17You must let a Community Corrections officer know within two clear working days if you change your address or job.  You must not leave Victoria without first getting permission to do so from the Secretary or delegate.  You must obey all lawful instructions from and directions of the Secretary or delegate and your two conditions, in addition to the mandatory terms, are that you are to be under supervision for the three years and to attend for judicial monitoring review on 19 July 2019 at 9 am.  Do you understand those conditions Mr Fitzgerald?

18OFFENDER:  I do, Your Honour.

19HER HONOUR:  Do you agree to comply with them?

20OFFENDER:  I do consent to them, yes.

21HER HONOUR:  Very well, I will ask Ms Paolo to take it down and have you sign it.  Sorry, and I note, by the way, that there is a change of address for Carlton Community Corrections or Melbourne Community Corrections Services.  It is now 50 Franklin Street, Melbourne.  All right, that has been countersigned by me.  A copy that will be made will be provided to Ms Di Paolo and she will bring it down to you downstairs.  You have to go downstairs and be processed through there.  You cannot walk out from the dock here
Mr Fitzgerald. 

22I will look forward to seeing you on 19 July.  I hope that you will have a good progress report for me.  You know the trouble that both of us will be in if you ‑ ‑ ‑

23OFFENDER:  Yes.

24HER HONOUR:  ‑ ‑ ‑ breach the conditions of this order.  Thank you very much for your assistance everybody ‑ ‑ ‑

25MR SCHEID:  Thank you.

26HER HONOUR:  ‑ ‑ ‑ and for your patience. 

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