Director of Public Prosecutions v Foster (a pseudonym)

[2024] VCC 453

IN THE COUNTY COURT OF VICTORIA

Revised

Not Restricted

Suitable for Publication

AT MELBOURNE

CRIMINAL JURISDICTION

CR 21-01275

DIRECTOR OF PUBLIC PROSECUTIONS

v

JAKE CRUICKSHANK

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JUDGE:	HER HONOUR JUDGE HOGAN
WHERE HELD:	Melbourne
DATE OF HEARING:	27 March 2024
DATE OF SENTENCE:	27 March 2024
CASE MAY BE CITED AS:	DPP v Cruickshank
MEDIUM NEUTRAL CITATION:	[2024] VCC 453

REASONS FOR SENTENCE

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Subject:  One charge of contravening a Community Correction Order – order         had expired  and all conditions had be complied with prior to expiry - order confirmed and no further order made on the charge of   contravention.

Catchwords:

Legislation Cited:

Cases Cited:

Sentence:

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr D. Barton	Solicitor for the Office of Public Prosecutions
For the Accused	Offender in person.

HER HONOUR: 

1Jake Cruickshank, you have pleaded guilty to one charge of failing to comply with the conditions of a community correction order which carries a maximum penalty of three months' imprisonment. 

2In this court on 16 December 2021 you were convicted of one charge of attempting to pervert the course of justice contrary to the common law, which carries a maximum penalty of 25 years' imprisonment. You were sentenced to undertake a community correction order of two years duration with the usual core conditions, as well as special conditions that you be supervised and perform 125 hours of unpaid community work and undergo a mental health assessment and treatment as directed, with 50 hours of such treatment and rehabilitation to be counted as hours of unpaid community work. There was a further condition that you undergo programs to reduce your risk of reoffending, as directed.

3The circumstances of your offending on the charge of attempting to pervert the course of justice and the relevant sentencing considerations are set out in the reasons for sentence of His Honour Justice Hannebery, as he then was, made on 16 December 2021.

4Your contravention of the order comprised you failing to report for supervision on three occasions between June 2022 and December 2023, failing to perform unpaid community work as required on 10 occasions between August 2022 and November 2023, and failing to undergo treatment and rehabilitation as requested in November 2023. In addition, you committed further offences during the operational period of the order, namely several dishonesty offences on 9 June 2023.

5You have since been sentenced for that further offending at Ringwood Magistrate's Court on 5 February 2024, where you were convicted and placed on a further community correction order with an unpaid work condition of
100 hours for a period of 12 months.

6The offending for which you were first before the court and for which you were given a community correction order, which you have breached, was serious in that you intended to manipulate a witness into providing evidence which was false in order to avoid conviction and punishment for charges flowing from your collision with a police car. The sentencing judge commented that your conduct was unsophisticated and immature, and he took into account that you were a young offender, 20 years old at the time of committing the offence, together with your dysfunctional and disadvantaged background and some rehabilitative steps that had been taken by you.

7Although you abused the rehabilitative opportunity to undertake the community correction order by failing to comply with it in a number of respects, it is apparent that, ultimately, you did complete what was required of you, albeit only just prior to the order expiring on 15 February 2023. Also, although you committed further offences during the term of the order, you have been dealt with for those in the Magistrate's Court and are intending to attend for an induction on that order and make arrangements to perform the obligation of 100 hours unpaid community work.

8It is to your credit that you have been employed for a period of approximately
12 months and are obviously working long hours. This is particularly impressive given your significant criminal history and your lack of guidance, support and a proper upbringing.  So, it seems that you are really trying to turn your life around, even though you slipped up, particularly in June of last year when you committed further offences.

9In determining the appropriate sentence for contravening a community correction order a court is obliged, pursuant to s83AS(2) of the Sentencing Act 1991, to take into account the extent to which you have complied with the order. Although you took your time about it, you did ultimately comply with it and the order has now expired.

10So, in the circumstances, I propose to heed the recommendation of the authors of the contravention report (Exhibit “A”) and, instead of setting aside the community correction order that was made and resentencing you for the offence of attempting to pervert the course of justice, what I propose to do is simply confirm the order, noting that it has expired.  This is the course also recommended by the prosecution.

11Accordingly, on one charge of contravention of a community corrections order made on 16 December 2021 pursuant to s83AS(1)(b) of the Sentencing Act, I confirm that order, noting that the term of the community correction order has expired.

12I do wish you well, Mr Cruickshank, with your rehabilitation.  I am really conscious of the lack of support around you, and I urge you, please, if you should feel like you are going to get yourself in trouble again, to contact your new Corrections officer, because she is in a position to try to talk things through with you.  I understand that her name is Ms Charlotte McKinnon.  So please make sure you keep in touch with her if you feel that you are struggling. Corrections are usually very accommodating when someone like yourself who is still relatively young and has a full-time job and obviously needs to work to support yourself, to pay your rent. So, just be careful, be very very careful. 

13You really are to be commended for having done as well as you can, particularly with your work, but you are no longer a young offender.  You are now 24 and the court expects responsibility.  You are showing that responsibility by working and paying your rent and trying to keep out of trouble. So the court wishes you well with your rehabilitation.

14OFFENDER:  Thank you.

15COUNSEL:  Sorry, Your Honour, just to confirm, I take it from that that ‑ ‑ ‑

16HER HONOUR:  There'll be no further order made on the contravention.

17COUNSEL:  That's what I thought ‑ ‑ ‑

18HER HONOUR:  Yes, and that will be made clear on the orders.  Thanks,
Mr (indistinct).

19COUNSEL:  Thank you, Your Honour. I just wanted to confirm that.

20HER HONOUR:  Thank you for your attendance, Madam.  We will adjourn the court and a copy of the electronic orders will be made available.

21COUNSEL:  Thank you, Your Honour.  As the court pleases.

22HER HONOUR:  Is there anything that I have said that you don't understand?

23OFFENDER:  I understand it all.

24HER HONOUR:  All right.  Well let's hope you can remember all conditions that the magistrate imposed recently.

25Thank you, we will adjourn sine die.

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