Director of Public Prosecutions v Hancock

[2015] VCC 1497

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR 14-01693

DIRECTOR OF PUBLIC PROSECUTIONS

v

JAMIE HANCOCK

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JUDGE:	HIS HONOUR JUDGE MULLALY
WHERE HELD:	Melbourne
DATE OF HEARING:	21 August 2015
DATE OF SENTENCE:	26 August 2015
CASE MAY BE CITED AS:	DPP v Hancock
MEDIUM NEUTRAL CITATION:	[2015] VCC 1497

REASONS FOR SENTENCE
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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms N. Burnett	Office of Public Prosecutions
For the Offender	Mr V. Peters	Michael Brugman Solicitors

1HIS HONOUR:  Jamie Hancock, on 31 January 2014, when you were just 21 years old, you broke into your step‑uncle's house in the dead of night and assaulted him.  You were accompanied by two other unknown men.  He was asleep in bed when the attack commenced.  It was a revenge and a warning‑type attack. 

2The victim and your aunt were in the process of divorcing.  As you attacked the victim, you repeatedly said, "Make sure (your aunt) gets the kids or we will be back".  There were other insults too. 

3The attack went on for approximately 20 minutes, no short a time, and you and the others then left. 

4The victim sustained facial bruising and a tooth was loosened. 

5Any attack on someone in their own home is serious offending.  This was the more serious because it was in the company of others, it was in the dead of night and it was accompanied by threats that it may be repeated. 

6The injuries, no doubt resolved but the victim has suffered psychologically.  In his victim impact statement he said that he finds it hard to sleep because of his fear.  He is now much more vigilant locking and checking and rechecking doors and windows. 

7Although his children were not present at the time of the crime, the victim has to deal with his young children's fears, their poor sleep habits and their wish to take weapons with them into the bedroom.  Crimes of this kind Mr Hancock, have wide repercussions. 

8Up until this offending you had been a steady young man with a very impressive work history and work ethic.  You were at school until Year 10, then commenced work as a labourer and then a machine operator.  You moved to Gladstone in Queensland and obtained good work but it had long hours.  You were there for two and a half years.  You went north so as you and your then girlfriend could be together and away from families that did not support the relationship.  However, your girlfriend became unhappy being alone so often as you worked long hours.  She returned to Geelong and you did likewise a bit later.  I understand the relationship ended. 

9Your mother and father's relationship was always unsteady due to your father's use of ice.  He had introduced you to ice when you were 17.  But you had not used ice while in Queensland. 

10On your return from Queensland your mother and father had split up.  Your mother had a very young child.  You are the eldest of five siblings.  Your mother took up with a friend of yours.  You were shaken by this development.  Your father was more angry than that and took things into his own hand, taking the youngest child and refusing access. 

11All this is background to what became a turbulent time for you in 2014 and into 2015.  You took up using ice again and have committed offences to get funds for this dreadful drug.  That behaviour saw you arrested, remanded, then bailed and then later returned to custody.  The magistrate dealt with a consolidation of your criminal matters on 20 August 2015.  The magistrate imposed a sentence of three months and seven days and declared that 80 days had been served by way of pre‑sentence detention. 

12You have accrued 38 days of pre‑sentence detention on this matter ‑ that may have to be adjusted.  I will speak to counsel before I announce pre‑sentence detention. 

13You pleaded guilty to these charges of aggravated burglary and intentionally cause injury at your committal and were listed for a plea in the County Court in late 2014.  You indicated then that you did not want to plead guilty and would contest the charges.  You engaged new lawyers.  After some time in 2015 you resolved to plead guilty and did so in early August 2015. 

14You will receive a lesser sentence because of your plea of guilty, though its timing must mean that you receive something less than those that plead guilty at the earliest opportunity and then maintain that approach throughout. 

15You ought not take what I have said as meaning you or anyone is punished for running a trial or for indicating that they will run a trial.  Rather, the fullest mitigatory benefit is not accorded to you as it would be for those who plead at the earliest opportunity and maintain that stance.

16An important sentencing consideration is your youth.  You were just 21 at the time of your offending and are now just 23.  Your offending history was negligible at the time, though, as I have outlined, in 2015 you were committing offences far too regularly.  However, these matters do not mean your rehabilitation is anything other than a central sentencing consideration.  If you can reform permanently, Mr Hancock, the community is much the better for it.  If you do not take up drugs again, and once again settle to hard work, as you have shown in the past, your chances of not returning to court are good.  But in the end, it is entirely up to you. 

17Your offending means that general deterrence, that is deterrence to others, and denunciation are also important sentencing considerations.  I am required to establish conditions to facilitate your rehabilitation.  You want to put ice behind you, gain employment like you had for so long in the past, and live with your mother, looking after her, as her health, I understand, is problematic. 

18Your counsel urged a community corrections order.  The prosecution agreed such an order had merit but a community corrections order ought not be ordered to commence immediately, in the prosecution submission, in other words, you ought do some further time in prison. 

19The Court of Appeal in our State has recently said that the sentencing landscape has changed and that sentencing judges are required to reconsider old preconceptions about gaol being an appropriate sentence in cases even those of mid‑range seriousness.  That said, offending, even by a young offender with very limited history, can require some period of imprisonment and be combined with a community corrections order with all the rehabilitative focus of that order. 

20This is such an offence.  Your offending was grave and the weight to be given to denunciation, just punishment and general deterrence, along with rehabilitation, requires a term of imprisonment longer than you have already done thus far.  I will not overlook the whole of the time that you have been in prison of late. 

21I intend to impose an aggregate sentence and the aggregate sentence for the crime of aggravated burglary and intentionally cause injury is a term of imprisonment of seven months, to be followed by a two year community corrections order.  There will be unpaid work required, that will be 200 hours.  There will be other programs you have to involve yourself in, being treatment and rehabilitation for drug use, alcohol abuse and treatment and rehabilitation for mental health.  There may be programs that might assist you in reducing reoffending.  You have also have to be under the supervision of the Community Corrections officers. 

22The sentence that I have just imposed is to be concurrent with the sentence that you are currently undergoing.  I declare that ‑ is it still 38 days because he's undergoing a sentence? 

23MS BURNETT:  42, Your Honour.  No, that wouldn't be correct, Your Honour, because he's still undergoing.

24HIS HONOUR:  No.  He's undergoing a sentence that doesn't expire until September some time.

25MS BURNETT:  No, that's right, Your Honour.

26HIS HONOUR:  So the sentence he's undergoing is a Magistrates' Court sentence, that's the warrant, I can't declare those days.

27MR PETERS:  No, no, I accept that.  38, Your Honour.

28HIS HONOUR:  Declare that 38 days that you have spent in prison will be reckoned as part of the sentence that I have just announced. 

29What I will do is make sure that that declaration is entered into the records of the court so the prison authorities know that you have already done 38 days.  It brings the sentence down to under six months and it is concurrent with what you are doing now. 

30Do you follow all that? 

31OFFENDER:  Yes.

32HIS HONOUR:  Had you pleaded not guilty to these offences and been found guilty of them, I would have imposed a sentence of 18 months with a longer community corrections order with more onerous unpaid work. 

33The prosecution has made an application that you provide a forensic sample, a scraping from your mouth, so that DNA can be extracted and put on a database. 

34I intend to grant that application and I do so because the seriousness of the circumstances warrant the making of the order and it is the public interest that you provide a sample to the authorities. 

35Now, when they come and get it from you, if you don't cooperate, they are authorised to use force or reasonable force to get the sample from you ‑ just cooperate with the scraping of your mouth, all right? 

36And there is a further order that is sought that you pay compensation, is it? 

37MS BURNETT:  Yes, that's right, Your Honour.

38HIS HONOUR:  Compensation in the sum of $300 to Troy King because he had damage to his door and property. 

39I will just sign that documentation.  Is there anything else? 

40MS BURNETT:  No, Your Honour.

41MR PETERS:  No, Your Honour.  Can I just approach Mr Hancock, Your Honour? 

42HIS HONOUR:  Yes.

43MR PETERS::  Thank you.

44HIS HONOUR:  There will be a document that I will get produced very shortly and I will ask you to go and explain it to him, so if you want to go now, you will have to go back.

45MS McCANN:  Sorry, yes, Your Honour.

46HIS HONOUR:  You might as well stay where you are for the moment.

47MR PETERS:  Yes.

48HIS HONOUR:  Mr Hancock, can you just stand up, please. 

49The mandatory terms that apply to a community corrections order ‑ they apply to everyone and they certainly apply to you ‑ just listen in.

50You must not commit any other offence for which you can be imprisoned during the time this order is in force.  Now, it is a two year order and it commences once you are released from prison.  It is a fair while.  You will be under supervision until you are 25 or plus.  But you cannot commit any offence for which you will be imprisoned during  that time. 

51The way forward, of course, is don't commit any more offences at all of any kind.  If you do, you will be back before me and the mercy that you are being shown, to be frank, won't be repeated. 

52You have to comply with obligations under the sentencing regulations ‑ that will be taking a photograph of you and things of that kind to identify you for community work and whatever. 

53You must report to and receive visits from the Office of Corrections.  You must report to the Community Corrections Centre within two clear working days of the order starting.

54So once you get out of prison, you have to go to the Community Correction Centre ‑ that will be in Ballarat, if you are there in Elaine, so there it is. 

55You must let the Community Corrections officer know within two clear working days if you change your address or your job.  You cannot leave Victoria without getting permission to do so, and you must obey all lawful instructions and directions from the Office of Corrections.

56All right.  You must do 200 hours of unpaid community work over the two years ‑ get them done quickly in your case because then, if you get work, it won't be interfering with whatever work you might get. 

57You must be under supervision of Community Corrections officers for two years, so you have probably got to go and see them and report.    You must undergo treatment assessment for drug abuse, alcohol abuse, any mental health treatment ‑ they might send you off to the doctor to get a mental health plan and that would be appropriate in your case and if you take that up, that will be funded by others, Medicare and the like.  You must participate in any programs that the Office of Corrections consider is appropriate to you. 

58Now, I understand from the magistrate you don't have a licence and that will make things hard but don't drive a car while you are disqualified.  That is a crime that is punishable by imprisonment, it will breach this order.  Now, you just have to work things out with getting around the place.  I know it's hard for people in the country. 

59Not everyone who does their community work will be as dedicated to staying off drugs as I hope you are.  You just have to ignore them.  You have seen those types in prison now that you have been there and no doubt you can see they are going to waste their lives ‑ don't be one of them. 

60Here is the Community Corrections Order.  If you sign it, then that will be bring this matter to an end, finish your prison sentence, do your community corrections order and don't come back.

61You will get a copy of that in due course, Mr Hancock.  You have to go with the prison authorities now.  It is not the place, this courtroom, to spend any time with your mother, catch up with her in due course.

62I thank counsel for their assistance in this matter. 

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