Director of Public Prosecutions v Hodgers

[2020] VCC 1520

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR 17-02541
CR-19-00607

DIRECTOR OF PUBLIC PROSECUTIONS

v

JACINTA HODGERS

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JUDGE:	HER HONOUR JUDGE CANNON
WHERE HELD:	Melbourne
DATE OF HEARING:	16 September 2020
DATE OF SENTENCE:	22 September 2020
CASE MAY BE CITED AS:	DPP v Hodgers
MEDIUM NEUTRAL CITATION:	[2020] VCC 1520

REASONS FOR SENTENCE
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Subject:  CRIMNAL LAW

Catchwords:             Contravention Community Corrections Order (CCO) – Warrant issued previously –  Long history of drug abuse – Long history of mental illness – Reassessment for CCO suitability

Sentence:Contravention proven – 16 days’ imprisonment imposed for Contravention charge – 16 days’  imprisonment already served - Re-sentenced to a varied CCO – Duration of order extended by period of 12 months from 22 September 2020 – Intensive management of drug and mental health treatment ordered – Judicial Monitoring Reviews

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr P. Teo	Solicitor for Public Prosecutions
For the Accused	Ms E. Turnbull	Emma Turnbull Lawyers

HER HONOUR: 

1Ms Hodgers, by rights, you should be resentenced today in respect to the original offending in this matter, and indeed serving more gaol time for that original offending.  I am very worried about your attitude to undertaking a community corrections order especially in view of what you said to the assessing officer recently, the rules are not what you say they are, they are what I tell you they are and what the Community Corrections officers say that they are.  You do not get to make up your own rules and that is the kind of attitude that will see you back in gaol sooner rather than later.

2Thanks to the efforts of Ms Turnbull and your previous representatives, I might add, I am persuaded to give you what will, in all likelihood, be your very last chance to avoid gaol, if you do not do all that is required under the community corrections order as varied then this is where you will be returning to, in all likelihood.

3Treatment for your mental health and for your substance abuse problems is essential if you do not want to go back to gaol.  So every time you have to answer the phone or keep any appointment, or make a phone call as required under the community corrections order, you had better do it.  Whether you like it or not, you need to take prescribed medication for your mental health.  It is incredible that while you do not like the side effects of prescribed medication, you seem to have no difficulty with taking 'goodness knows what' to feed your drug addiction, which will put your life and liberty at far greater risk every time if you choose to take illicit drugs.  So whether you like it or not, you must do what is required under the community corrections order as varied.

4To ensure as best that I can that you do comply with the varied community corrections order, I am going to monitor you and I am also going to extent the community corrections order by 12 months from today.  If you come back before me again in breach of the community corrections order for any reason, you will be looking at returning to gaol for a further period.

5In relation to the breaching offence, you are convicted and sentenced to
16 days' imprisonment and I declare that that period of 16 days as already been served.

6I vary the community corrections order which was previously imposed in respect of the original offending, such that the community corrections order will be extended by a period of 12 months from today and there will be judicial monitoring.  I will tell you in a moment when that first appointment will be. 
I will receive a progress ahead of each appointment, so I will know how you are going on the order and I really do hope to hear good news.

7To be clear as to what is required of you, I will tell you what the conditions of the order will be.  As I said, I intend to vary the community corrections order that I previously imposed such that it is extended from today's date for a period of 12 months. 

8The community corrections order has the following mandatory and conditions. I know you have heard these before but I just want to repeat them to make sure that you understand what your obligations are. They are you must not commit another offence which you could be imprisoned during the time that the order is in force. You must comply with any obligation or requirement prescribed by regulation 17 of the Sentencing Regulations 2011. You must report to and receive visits from the Secretary to the Department of Justice or his or her delegate. You must report by telephone to the Broadmeadows Community Corrections Centre before 4 pm within two clear working days of today. Could I suggest that you do that no later than tomorrow just to make sure that it is done.

9Further, you must let a Community Corrections Officer know within two clear working days of you changing your address or job.  You must not leave Victoria without first obtaining permission to do so from the Secretary to the Department of Justice or his or her delegate.  You must obey all lawful instructions from and directions of the Secretary to the Department of Justice or his or her delegate.

10Now, the conditions that will apply in addition to the mandatory terms listed are firstly, you must be under the supervision of a Community Corrections Officer for a further period of 12 months from today.  Secondly, you are to full cooperate and engage with your Restart officer.  Thirdly, you must undergo assessment and treatment including testing for drug abuse or dependency as directed by the Regional Manager, and I require this condition be monitored intensively by Community Corrections throughout the duration of the order.

11You must undergo mental health assessment and treatment including, but not limited to, mental health, psychological, neuropsychological and psychiatric treatment in a hospital or a residential facility if necessary, as directed by the Regional Manager, and I also require that this condition be monitored intensively throughout the duration of this order.  In this regard, I note that you indicated to the Community Corrections Officer as to your plans in relation to your mental health, but I want this condition carefully and closely administered by Community Corrections and you will be required to follow all of their direction to you in this regard.

12Further, you must undergo any program or course aimed at addressing factors relating to the offending as directed by the Regional Manager.

13Finally, you are to attend court, it might be by video link but we will just see how we go in the next little while, but you are to attend the County Court from time to time to be monitored by me.  Your first appointment will be on Friday 16 October at 9.30 am.  Ahead of each appointment, I will have Community Corrections provide a report as to how you are going on the order.  You are not to be represented at these appointments, as they are an opportunity for me to have a chat with you about your progress and Community Corrections may also attend.

14Do you agree to the terms and conditions of the varied community corrections order that I propose?

15OFFENDER:  Yes.

16HER HONOUR:  For the purposes of the court record, I note that you have consented to the varied order and your agreement to the order has been audio visually recorded and this will be accepted instead of you signing the order.

17Now, I should tell you that if you do not comply with all of the requirements of the community corrections order, then you will face breach proceedings before me.  You will be sentenced in relation to the breach and you will be resentenced in relation to the charges in which case you may well be sentenced to a period of imprisonment.  I would regard a breach of the community corrections order as a most serious matter, whether it be because of further offending or because of non-compliance with any of the other conditions of the order.

18Do you understand this, Ms Hodgers?

19OFFENDER:  Yes, I do.

20HER HONOUR:  Do you still agree to the making of the varied order?

21OFFENDER:  Yes, I do.

22HER HONOUR:  all right.  Again, for the purposes of the court record, I note that you have agreed to the making of the varied order and your agreement to the order has been audio visually recorded instead of obtaining your signature. 

23Therefore the community corrections order previously imposed by me will be varied in the ways that I have explained.

24Is there anything further, counsel?

25MR TEO:  I do not believe so, Your Honour.

26MS TURNBULL:  No, Your Honour, thank you.

27HER HONOUR:  Very well.  Thank you.

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