Director of Public Prosecutions v Hafoka
[2013] VCC 1410
•6 August 2013
| IN THE COUNTY COURT OF VICTORIA | Revised (Not) Restricted Suitable for Publication |
AT MELBOURNE
CRIMINAL DIVISION
Case No. CR-12-02084
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| KALI HAFOKA |
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JUDGE: | HER HONOUR JUDGE GAYNOR | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | ||
DATE OF SENTENCE: | 6 August 2013 | |
CASE MAY BE CITED AS: | DPP v Hafoka | |
MEDIUM NEUTRAL CITATION: | [2013] VCC 1410 | |
REASONS FOR SENTENCE
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Ms D. Bye | Office of Public Prosecutions |
| For the Accused | Mr G. Thomas |
HER HONOUR:
1 What I am inclined to do is I think it is a good idea about the judicial monitoring. I want him to finish the 200 hours. That is non-negotiable, Mr Hafoka, you have got to do that. He has not re-offended. I know the fail to appear is an offence but it just falls into the same category. He is 19. But I think we need to keep an eye on you, Mr Hafoka, I am a bit over you.
2 So what I am going to do is I am going to vary the order. I am going to remove the assessment and treatment for alcohol abuse or dependency. I am going to take out the condition related to courses addressed at re-offending and I am simply going to order that you undergo 200 hours of - in fact I am going to change it to 250 hours, I am putting another 50 on. All right? It is your fault. I am going to order judicial monitoring, whereby - how long has this order got to run?
3 MS BYE: One year and - sorry, the Office of Corrections can answer that.
4 CORRECTIONS (from body of court): 13 December 2014.
5 HER HONOUR: Well, I am just going to confirm the order in that respect, which means you are going to be busy. You have got to do unpaid community work. That is all I am going to be asking you to do and you have to turn up to the Office of Corrections when I tell you to and you have to appear in front of me every six months and report in on how it is going, all right? So if you muck up, you will be coming to see me. You are coming to see me in any event. All right? It is really - stand up please. You know that you compliance with this order has been pathetic, do you not?
6 OFFENDER: Yes, Your Honour.
7 HER HONOUR: What is the story? What is your reason just for ignoring it? I told you very clearly there would be consequences if you did not stick to the order. Why did you not stick to it?
8 OFFENDER: I just get caught up trying to find a job.
9 HER HONOUR: So you get the opportunity not to go to gaol and this comes right down the bottom of your priorities, is that right?
10 OFFENDER: Yep.
11 HER HONOUR: What did you think was going to happen?
12 OFFENDER: Not sure.
13 HER HONOUR: What did you think would happen if you did not do what was supposed to happen on the order?
14 OFFENDER: Go to gaol.
15 HER HONOUR: I think you are just saying that, I think you thought nothing was going to happen. As it is you are not being sent to gaol today but I will see you in six months, Mr Hafoka, you will have to come back and tell me all about your life in six months time. Do you understand?
16 OFFENDER: Yes, Your Honour.
17 HER HONOUR: So judicial monitoring every six months as of today and unpaid community work. They are the only remaining conditions. I will take out the supervision as well, all right, because you are just simply not turning up to the Office of Corrections. But you have got to do 250 hours of unpaid community work over the next one and a half years roughly. All right? So you are going to be a busy boy on the weekends, yes?
18 OFFENDER: Yes.
19 HER HONOUR: So I will see you back here on 6 February 2014 at 9.30.
20 OFFENDER: Yes, Your Honour.
21 HER HONOUR: And I better hear that you have been doing your unpaid community work.
22 OFFENDER: Yes.
23 HER HONOUR: All right? Because I am going to run out of patience with you, sir. You know, I can see your partner sitting anxiously behind you, you have got two little kids under two, you are 19. It is a heavy burden but it is a burden for her too. You are the only dad your children are ever going to have. Fat lot you are going to be to them locked up in gaol. So you need to get moving. You are actually in a better position now in one sense than you were because you do not have to have - you thought you were going in, did you not? Yes. Not nice. If you come back in February you have not done your unpaid community work, you will be going in.
24 Look, you have done good things. You have stayed out of trouble, you have stopped drinking, you are back with your partner. You are doing the best you can, I know that, but you cannot ignore a court order, Mr Hafoka, all right? Just go away, do your unpaid community work, come back and see me in February and we will see how you are going, all right? Then that will be the end of it. It is all you have to do. Been a long day, has it? It is all very well you crying, Mr Hafoka, it was your partner I was thinking about, she probably thought she was going to have to go home and do the single mum thing for awhile.
25 All right, so that is what I am going to do. I will see you next February. Look, in the meantime, you have been absolutely hopeless at keeping up with the CBA. Typical 19 year old, dad or not dad, absolutely hopeless. You know, that is just pathetic and disorganised and you are really going to have to get your act in order if you are going to have a successful life, but look, that will come with maturity.
26 What you have done is you have stayed out of trouble, you have cut down your drinking, you have not re-offended, so all the other conditions in the CBO that were directed to you, you have done and you have done them on your own and you can be proud of that. Just do not go home and have a big celebratory drink over the fact you did not go to gaol today. You reckon you can manage not to do that?
27 OFFENDER: Yes, Your Honour.
28 HER HONOUR: You think you can. Just go home and watch TV quietly and have your kids on your knee and think "oh my God, thank heavens I'm here". All right. Look, I will keep up the three monthly reports. I apologise, but I want to keep an eye on you Mr Hafoka. I want you in my vision. So I want you to think about how the next 18 months, you have got this really horrible judge hovering in the back of your life knowing everything you are doing, okay? So you better be reporting when the Office of Corrections tells you to, you better turn up for work and then that is it. If I am not clear, through the haze of tears, Mr Thomas will clear it up for you when you get outside, all right? I do not know. Boys are hopeless. Just hopeless. I have a 19 year old son and I hate to say it but I am sure if he was on a CBO I do not think he would be much better I do not think.
29 MR THOMAS: Neither would mine.
30 MS BYE: Your Honour, you just mentioned three monthly reports?
31 HER HONOUR: No, I am having three monthly written reports and he is to turn up every six months. So Mr Hafoka and I are going to have lots of contact. All right? I am not out of your life. Thank you very much. Thank you, Mr Thomas, and thank you, Ms Bye. As I said before, you went above and beyond with this one. Off you go, Mr Hafoka, keep up the good work. That will be the end of it, all right? Just hang on until we close the court, Mr Hafoka, have a seat next to your partner there. Thank you. We will adjourn.
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