Director of Public Prosecutions v Frith

[2020] VCC 314

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

AT GEELONG
CRIMINAL JURISDICTION

CR 19-01632

DIRECTOR OF PUBLIC PROSECUTIONS

v

JESSEY FRITH

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JUDGE:	HIS HONOUR JUDGE MULLALY
WHERE HELD:	Geelong
DATE OF HEARING:	20 March 2020
DATE OF SENTENCE:	20 March 2020
CASE MAY BE CITED AS:	DPP v Frith
MEDIUM NEUTRAL CITATION:	[2020] VCC 314

REASONS FOR SENTENCE
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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr D. Brown	Office of Public Prosecutions
For the Accused	Miss K. Blair	Criminal Lawyers Geelong

HIS HONOUR: 

1Mr Frith, for committing the crime of sexual penetration of a child under the age of 16, having indicated to you that I would not impose any more gaol than the 100 days you did on remand, I impose upon you a community corrections order with conviction.  It will go for 18 months.  That is, it will start now and go for 18 months from now.

2The conditions that I will impose other than the mandatory conditions are that you undergo treatment and rehabilitation for drug issues, that you undergo treatment and rehabilitation by doing programs that will reduce your reoffending.  That will engage with you just having appropriate age - any sexual conduct that you engage in will be with someone who is able to consent. 
You have to be under the supervision of the Office of Corrections.  I am going to impose, because all the statutory requirements are met a justice plan so you will continue to work with your DHHS workers in respect of trying to assist in you a range of ways but principally for my concerns, help you to ensure that you stay out of trouble.  Have you got all that?

3OFFENDER:  Yeah.

4HIS HONOUR:  All right.  Just take a seat.  Shortly, I will get a document that will be signed.  Miss Blair, we will get to that shortly but tell me this, is Mr Frith required to return downstairs to clear with Central Records or has that been done?

5MISS BLAIR:  I think he has to go with the ‑ ‑ ‑

6HIS HONOUR:  You are saying that he does have to go.  So we have not set up anything other and he will go downstairs and be released from wherever he is released from.

7MISS BLAIR:  Yes.

8MR BROWN:  Your Honour, there is also the related summary matter.

9HIS HONOUR:  What was that?

10MR BROWN:  Committing an indictable offence on bail.

11HIS HONOUR:  It is proven and discharged.

12MR BROWN:  There is also SORA.

13HIS HONOUR:  He has to have SORA for what was it, 15 years?

14MR BROWN:  For life, Your Honour, because it is one class ‑ ‑ ‑

15HIS HONOUR:  I have got no choice in it, Mr Frith.  You have got to be on the register for life.  You already know that the Sex Offenders Register means there are very significant obligations on you.  Anyway, if at any point under the Act, your lawyers and others work out that you might be able to be exempt, we will bring it back to court.

16So we will get you to sign this corrections order in a moment, Mr Frith.  But what it sets out is you have got to cooperate with Corrections.  You have been through this before.  So you have got to comply with any requirements under the Sentencing Regulations.  You have got to report to and receive visits from the Office of Corrections.  You must go up there within two clear working days to report in.  Go soon.  Things will start to close, so go soon and you have got to tell them if you change your address or your job.  Try and stay at your mum's.

17Do not leave Victoria unless you have got permission and obey their instructions and the things that apply specific - and do not commit any offence.

18OFFENDER:  Yep.

19HIS HONOUR:  Because if you do commit any offence punishable by imprisonment, which includes breaching your Sex Offenders Register, then you have to come back here to me and you do not want to do that.  So you must be under the supervision of Corrections for 18 months.  You must undergo assessment and treatment for drug abuse and dependency and you must participate in those programs I spoke about that relate to your offending. 
The intellectual disability people will direct you in that regard.

20You have also got to be under a justice plan.  You must participate in the services that are set out in the justice plan.  If you sign that, it brings this matter to an end and you should be released from downstairs.

21What you also have to get again is another document telling you what your obligations are under the Sex Offenders Registration Act.  So I will sign a document here that I gave you a document and you sign a document to say you have got it.  But it is what it says that is important.

22MISS BLAIR:  Give it to his mum?

23HIS HONOUR:  Yes, give it to his mum.

24All right, you have signed a document that you have got the Sex Offenders. 
I will have my associate sign that as well and forward it to the Chief Commissioner of Police.

25If there is nothing further?

26MR BROWN:  No, Your Honour.

27HIS HONOUR:  Thank you.  Mr Frith, just go downstairs with them and sort out what the Central Records say and then everyone will see you outside hopefully.

28If there is any impediments to all of that, Miss Blair, tell his mother or someone to get in touch with the court and they will contact me.

29MISS BLAIR:  Thank you, Your Honour.

30HIS HONOUR:  There is no need for you to wait around, we will sort it out. 
Is there anything else?

31MR BROWN:  No, Your Honour.

32HIS HONOUR:  All right, thank you.

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