Director of Public Prosecutions v Harrison

[2016] VCC 29

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR 16-00017

DIRECTOR OF PUBLIC PROSECUTIONS

v

LIAM HARRISON

---

JUDGE:	HER HONOUR JUDGE QUIN
WHERE HELD:	Melbourne
DATE OF HEARING:
DATE OF SENTENCE:	27 January 2016
CASE MAY BE CITED AS:	DPP v HARRISON
MEDIUM NEUTRAL CITATION:	[2016] VCC 29

REASONS FOR SENTENCE
---

Subject:
Catchwords:
Legislation Cited:
Cases Cited:
Sentence:

---

APPEARANCES:	Counsel	Solicitors
For the Office of Public Prosecutions	Ms K. Churchill
For the Accused	Ms J. Swiney	Ms J. Werkmeister Victoria Legal Aid

HER HONOUR:

1Mr Harrison, you have pleaded guilty to one charge of breach of the Serious Sex Offenders Detention and Supervision Act 2009.

2Your breach occurred on 26 December of last year, where you took some clothes and a small amount of cash and left Corella Place alone, without informing staff or police.  You did not remove or otherwise tamper with your electronic monitoring device and you left Corella Place, but were located some 45 minutes later by police.

3You were arrested and conveyed to Ararat Police Station for interview.  During the interview, you said that you had not planned to abscond, but left on impulse.  That appears consistent with the amount of money that you had with you and no planning effectively made in relation to you leaving Corella Place, or in fact making any arrangements to travel to Carrum Downs where your father resides.  I understand that your father is supportive of you and that you have weekly contact with him. 

4You have been subject to two other occasions of breaching the supervision order that was made as a final supervision order on 15 December 2014.  One of those related to contacting a prohibited person, and a failing to abstain from consuming alcohol.  The other related to using cannabis and a failure to comply with the Adult Parole Board directions regarding access to public parks.  I take those matters into account, as I do take into account other matters personal to you as contained in the submissions provided by your counsel, and also the report of Dr Danny Sullivan dated 14 September 2011.

5The purposes of this scheme under the Act that I have previously referred to are clear.  It is essential that offenders subject to supervision orders are aware of the significance of the obligations under the conditions of the order, and the seriousness with which those breaches will be viewed by the courts.

6In this instance, I accept the submission made by your counsel that this was not a breach at a high level, or such that although it is serious in terms of leaving Corella Place, it was not a situation where you had planned any means of continuing to remain outside of Corella Place.  You kept your electronic monitoring device on, so therefore the period of time with which you had been away from Corella Place was very limited and it was not a difficult exercise for you to be located once you had left.

7In those circumstances, specific deterrence having regard to your prior breaches is of importance, but also general deterrence in the sense of those like you who are subject to orders of this nature should be aware that if they are breached, that the court will take a very strong view in relation to them.

8Having regard though to the matters that I have raised, particularly the nature of your breach on this occasion, what I propose to do is to convict and sentence you to a period of 30 days imprisonment, or one month imprisonment and there will be pre-sentence detention for a period of 32 days.  So therefore, Mr Harrison the effect of the sentence that I have just imposed is that you will be able to be released almost immediately, but you will be released back to Corella Place.

9What you need to do is continue to work with the Parole Board in terms of organising alternative accommodation with your father, if you can go back to doing that.  But I know it is difficult not having a proper date, but you need to continue to comply with what the Parole Board says that you need to do before they will consider that, all right?

10OFFENDER:  All right.

11HER HONOUR:  Thank you.  All right, so are there any other matters?

12MS CHURCHILL:  Just a s.6AAA declaration.

13HER HONOUR:  Right.  If you had not pleaded guilty to this matter Mr Harrison, I would have convicted and sentenced you to a period of three months' imprisonment.  Thank you.

14MS CHURCHILL:  As Your Honour pleases.

15MS SWINEY:  Your Honour, there was obviously the bail application was withdrawn, but there's a directions hearing for this matter on 2 February.  I wonder whether we ‑ ‑ ‑

16HER HONOUR:  All right.  The directions hearing on 2 February is vacated.

17MS SWINEY:  Thank you, Your Honour.

18HER HONOUR:  Thank you.

19MS SWINEY:  As Your Honour pleases.

20MS CHURCHILL:  Sorry, Your Honour, just wondering whether we need a formal order remitting the three charges back to the Magistrates' Court.  I know we discussed it briefly at the outset, but ‑ ‑ ‑

21HER HONOUR:  Well I don't know if I've got any jurisdiction at all?

22MS CHURCHILL:  The charges have been filed here incorrectly.  Perhaps we could make some enquiries about that.

23HER HONOUR:  I'm happy to make the order, but I don't know whether it has any basis if they're jurisdictionally incorrect in the first place.

24MS CHURCHILL:  I think Your Honour's only power in relation to those is to remit them back.  Perhaps if Your Honour could just make a formal order remitting Charges 2, 3 and 4 back to the Magistrates' Court.

25HER HONOUR:  Sure.  I remit Charges 2, 3 and 4 back to the Magistrates' Court of Melbourne.

26MS CHURCHILL:  Thank you, Your Honour.

27HER HONOUR:  And does it need to get a date?

28MS CHURCHILL:  No.

29HER HONOUR:  No, all right thank you.

30MS CHURCHILL:  Thank you, Your Honour.

31HER HONOUR:  Thank you.  Yes, 9 o'clock thank you.

‑ ‑ ‑