Director of Public Prosecutions v Francois

[2016] VCC 1161

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR 14-00358

OFFICE OF PUBLIC PROSECUTIONS

v

ANDRE FRANCOIS

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JUDGE:	HER HONOUR JUDGE WILMOTH
WHERE HELD:	Melbourne
DATE OF HEARING:	12 August 2016
DATE OF SENTENCE:	12 August 2016
CASE MAY BE CITED AS:	DPP v Francois
MEDIUM NEUTRAL CITATION:	[2016] VCC 1161

REASONS FOR SENTENCE
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Subject: Criminal law - sentence
Catchwords: Contravention Community Correction Order – new CCO imposed.
Sentence: 9 months CCO with unpaid community work – programs – judicial monitoring.

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APPEARANCES:	Counsel	Solicitors
For the Office of Public Prosecutions	Ms M. Brown	OPP
For the Accused	Ms K. Ballard	Doogue O’Brien & George

Pages 1 - 4

 

HER HONOUR: 

1Mr Francois, will you stand please? 

2I've explained what I'm going to do.  I hope you've been following all the discussions I've been having with Ms Ballard, and you understand now that the Dandenong Community Correction Order, if I can call it that, is finished.

3OFFENDER:  Yep.

4HER HONOUR:  My aim in asking you to enter into a new Community Correction Order today for the County Court charge is to provide you with a realistic way of completing the obligations that you have to the court.

5Now I've just said it's an obligation to the court.  It's a very serious obligation.  You've seen what happens by going to the Dandenong Magistrates' Court and being faced with two months prison.  You've seen what can happen.

6OFFENDER:  Yes.

7HER HONOUR:  Only by coming here today and having Ms Ballard explain to me what she thinks are the positive aspects of your progress over the last couple of years am I able to say, “All right let's look at a different way of tackling this.  Let's look at a way that is not overwhelming, that enables you to continue with your apprenticeship and enables you to grow up a bit more”.  That seems to me to be the key to it.  There's been no further offending ‑ that's a very positive thing. 

8The fact that you're with a stable employer is also a very positive thing and in two years from now, apparently, you're going to emerge as a fully qualified carpenter.  The fact that you've got a good stable family to live with is an excellent thing for you and I hope you appreciate the privilege that you have. 

9Your mother is here in court with you today but as Ms Ballard quite rightly said, you cannot keep on depending on other people to help you.  I am sure your mother has enough to do without making sure you do what you are obliged to do.

10I am going to get you to come along to court quite regularly and see me with what's called judicial monitoring.  You're familiar with that.  You know what that means? 

11OFFENDER:  Yes, Your Honour.

12HER HONOUR:  And you are going to have to tell me on a regular basis how you are going.

13The new CCO begins today and it will last for nine months and you are going to have to perform 60 hours of unpaid work so you can see there are some compromises here.  The CCO that I imposed has finished.  That was two years but you haven't done very well at all, really, under that order.  So the new one is going to be for nine months, not too long.  During that time I understand your employer's going to be flexible towards you and allow you to leave work and go to appointments.  All the treatment orders that were made last time will continue to apply to this new order and you are once again, being given another chance to complete the order.

14The main reason for giving you that chance is because you're only 22 years old and the law regards young people as being a bit different from older people in that it takes them longer sometimes to get used to the idea that they are in big trouble; to get used to the idea that they are to stay out of trouble and to get used to the idea that they've got to take responsibility for their own way in life.

15OFFENDER:  Yes, Your Honour.

16HER HONOUR:  So I hope you've been listening.  I hope you go home and consider what I have said. 

17Your immediate priority is to report to the Corrections people at Dandenong within two working days of today.  So today is Friday, by Tuesday at 4 o'clock you have to have been to see them.

18OFFENDER:  Yes, Your Honour.

19HER HONOUR:  And you will then sign on again, as you know, and you will begin the supervision process and begin the job of completing all your obligations.  This time you are to take them seriously, no more forgetting, no more pretending you've been to the doctors when you have not.  No more of anything like that.

20OFFENDER:  Yes.

21HER HONOUR:  All right.  That order will be available for signature very soon and I will just make an appointment for the first judicial monitoring.

22Ms Brown, it's been pointed out to me that one of the orders of the original CCO was a non‑association order with the complainant, that was for two years.  Now that's passed.

23MS BROWN:  I don't have any instructions to seek any imposition of that condition.

24HER HONOUR:  No, all right that can go then.

25MS BROWN:  May I just confirm the orders that Your Honour has made so that I am clear. 

26In relation to the appeal Your Honour has effectively found the breach proven and take no further order.

27HER HONOUR:  No further order.  That's right.

28MS BROWN:  And in relation to the breach, Your Honour has cancelled the order and resentenced the accused to a nine month community corrections order with 60 hours, supervision, treatment and rehabilitation and judicial monitoring and that is a new order not an extension or variation of the old order.

29HER HONOUR:  Exactly.

30MS BROWN:  Thank you, Your Honour.

31HER HONOUR:  Now I'd like to see you here on Tuesday 4 October.

32OFFENDER:  Yes.

33HER HONOUR:  At 10 o'clock.

34OFFENDER:  Okay.

35HER HONOUR:  Just take a seat while the order is prepared please, Mr Francois.  All right anything further? 

36COUNSEL:  No, Your Honour.

37HER HONOUR:  Thanks Ms Ballard.

38MS BALLARD:  If your Honour pleases.

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