Director of Public Prosecutions v Hooke

[2016] VCC 1298

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR -16-00587

DIRECTOR OF PUBLIC PROSECUTIONS

v

NATHAN HOOKE

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JUDGE:	HIS HONOUR JUDGE PILGRIM
WHERE HELD:	Melbourne
DATE OF HEARING:	25 August 2016
DATE OF SENTENCE:	1 September 2016
CASE MAY BE CITED AS:	DPP v Hooke
MEDIUM NEUTRAL CITATION:	[2016] VCC 1298

REASONS FOR SENTENCE
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Subject:
Catchwords:
Legislation Cited:
Cases Cited:
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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr M. Roper	OPP
For the Accused	Mr R. Kelly	VLA

HIS HONOUR: 

1Mr Hooke, you have pleaded guilty to one count of indecent act with a child under the age of 16.  You are also charged with three counts of sexual penetration of a child under the age of 16.  You will have heard the learned prosecutor, Mr Roper tell this court that the maximum penalty that may be imposed for each offence, that is the indecent act and the sexual penetration matters.  For each offence, the maximum sentence that may be imposed is that of ten years' imprisonment on each count.

2Now having pleaded guilty, I will impose a lesser sentence than I otherwise would have imposed.  In other words, you receive a discounted sentence for having pleaded guilty. 

3Mr Hooke, as to Counts No.2, No.3 and No.4 on the indictment, you heard the prosecutor indicate to this court that they are representative counts.  I inform you now that the sentences that I will impose on each of these counts must relate only to the specific offence with which you have been charged.

4A representative count enables that offence to be seen in its full circumstantial context.  I quote from the case of R v SVL [1999] 1 VR at p.706, where
Mr Batt J said this:

"A representative count enables the offence to be seen in its full circumstantial context.  An offender is not, by (indistinct) of the sentence, to be punished for the representative offences, but the sentence for the representative offence may reflect the fact that it occurred in a wider context.  Regard may be had to the adverse effects upon the victim of the whole conduct."

5In the same case, Mr Ormiston J, also a Court of Appeal justice, he said this:

"In other words, the whole of the circumstances relating to each count must be given proper effect and recognition for the purpose of imposing a just sentence, paying due regard to the recognised principles of proportionality and totality."

6Not only must I not load the sentence in respect of the representative count by sentencing for a representative count, but I must not sentence twice for the same offence. 

7Mr Hooke, the complainant in this matter was born on 28 September 1999.  She will turn 17 later in this month.  At the time of the commission of these offences, she was aged 15.  This young girl then lived with her mother.  You met the complainant through her mother, which led to you establishing a friendship with the complainant's family in December of 2014. 

8I now quote directly from Mr Roper, the prosecutor's sentencing comments that he made to the court:  The complainant began babysitting your four-year-old daughter while you were attending Country Fire Authority volunteer training on Mondays of each week.  The babysitting took place on five occasions and there were many other times when you and the complainant were at each other's house.  On Valentine's Day, 14 February 2015, you gave the complainant a box of Roses chocolates.  One evening you also assisted the complainant in painting her toenails.  You each exchanged phone numbers and began sending each other text messages.  You then started complimenting the complainant on how pretty she was.  You also made comments such as, "Your arse looks good in those pants."  You and the complainant sent each other many text messages.  These confirmed that you were aware of the complainant's age, that is that she was 15.  You told the complainant she was "beautiful" and "hot", had a nice arse and that you loved her.

9I do not know that I have seen a photo book before with so many text messages.  One might loosely say there are hundreds.  Certainly there are many, many, many text messages, all obviously were retained on the phone and the police officers have photographed those and they are part of the exhibit to this case. 

10The circumstances of Count 1 are these:  The offence occurred on
23 February 2015 at your home in country Victoria.  The complainant had left school early, as her brother had broken his arm and she had to pick up her younger sister.  She went to your house, where her sister and your daughter were playing in your room.  The complainant and yourself were both standing in the lounge room when you went up to her and put your hands on her face, cuddling it, so that she could not see properly.  You then leant in and kissed her and then stuck your tongue into her mouth for approximately 30 minutes.  The complainant was shocked by this and spat out at you.

11The second count on the indictment is one of sexual penetration of the complainant.  This is the digital penetration.  This offence took place on
a weekend at your house when you and the complainant were lying on
a mattress in the lounge room, under a blanket.  Also at the house were your daughter and the complainant's three younger siblings.  It was during the day.  The children were playing and running in and out of the lounge room at various times. 

12While lying on a mattress, you reached under the blanket and put your hand into the complainant's underpants.  The complainant tried to push your hand away.  You then felt the complainant's buttocks and then moved your hand to the front and put your fingers inside the complainant's outer labia and rubbed her clitoris.

13You said to the complainant, "Come on, I know how much you like it."  The complainant was uncomfortable and moved your hand away.  You then masturbated under the blankets by placing your hand on your penis and rubbing your hand up and down, while looking at the complainant, but you did not ejaculate.  While doing this, you told her that you should not be doing it.

14The third count on the indictment occurred on a Monday night, when the complainant was at your house babysitting.  You said that you did not want to do CFA - Country Fire Authority training that night because you were too tired, but would have a sleep instead.  You had earlier returned that day from Melbourne, after collecting your daughter.  The complainant cooked a meal and took it into your bedroom.  You were then in your bed under the blankets and you asked the complainant to get into bed with you.  You told her to touch your penis and you grabbed her hand and guided her hand to it.  You then put the blanket over the complainant's head and told her to suck our penis, telling her to move down.

15The complainant did not want to, but felt pressurised and uncomfortable, but you kept telling her.  She put her mouth on your erect penis and sucked it for about 30 seconds, before coming up from underneath the blankets.  The complainant then left and went to a neighbour's house. 

16As to Count 4 on the indictment, again keeping in mind all of Counts 2, 3 and 4 are representative, the circumstances are these:  The complainant was at your house and your daughter was home.  You and the complainant were in your bedroom, laying on the bed together.  You then put your penis into the complainant's anus and began thrusting, until the complainant said it was hurting, so you withdrew your penis.  You did not ejaculate.

17Another incident occurred where the complainant was again at your house babysitting your daughter, and your daughter was then in bed.  You and the complainant went to your bedroom and got into your bed.  You then put your penis into the complainant's anus and again you did not ejaculate. 

18Then, later on, another incident took place when the complainant was at your house on a Sunday evening.  The complainant and you went into the toilet.  You sat down on the toilet, pulling your pants down.  The complainant was above you, facing away from you and she pulled down her pants and sat down.  You then put your penis into the complainant's anus.  You pulled your penis out before you were about to ejaculate.  You then masturbated and ejaculated into the toilet pan. 

19Again, keeping in mind Counts 2, 3 and 4 are representative counts, enabling this court to comprehend the full circumstantial context of the offences, I return to Count 2 that relates to digital penetration.  Count 2 was one count of digital penetration.  It was on an evening when the complainant was at your house, in your bedroom.  The complainant was in bed with you and you told her to lay down on the bed.  You then put your hands down the complainant's pants and tried to put your finger inside her vagina.  The complainant said "no" and pushed your hands away.  You also touched her buttocks. 

20The complainant felt pressured to let you touch her.  You put one finger inside the outer labia and moved it around and said, "Come on, you like it."  The complainant said "no" and you then led her to the toilet, where you asked to look at her arse.  You touched her buttocks while you masturbated and ejaculated into the toilet. 

21On the next incident, you and complainant were in your bed after she had attended school.  You put your hand down her pants and felt her buttocks.  You then moved your finger around inside the complainant's outer labia. 

22The final incident of this type of sexual penetration took place when you and the complainant were in your bed.  You put your hand down the complainant's underpants and put your finger in the vagina.  The complainant squeezed her legs together to try and push you away.  You and the complainant went to the toilet, where you masturbated in front of her by placing your hand on your penis and moving it up and down while kissing the complainant.  Again you ejaculated into the toilet.

23Finally again, keeping in mind the contextual circumstantial context, touching upon Count 3, this event occurred when the complainant was at your house, in your bedroom, after being brought to the address by her mother, who was then visiting your neighbour.  You then asked the complainant for a blow job, that is oral sex, and said, "Come on, please."  The complainant did not want to, but felt pressured to do it.  She went under the blankets and moved down and placed your penis into her mouth, moving it up and down for approximately
30 seconds.  After this you then took the complainant to the toilet and you kissed her and you masturbated and ejaculated into the toilet once again. 

24That is the end of the offending and the quotations from the prosecutor's opening.

25At some point during this time, the complainant's mother became aware of inappropriate telephonic messages appearing on the complainant's mobile phone.  Those messages were passing between you and the complainant.  Those matters were then reported by the mother to the local police.  Ultimately the complainant then recorded what we in court call a "VARE tape" with the local police.  A VARE tape is a visual and audio recorded record of the interview that takes place. 

26Then on 14 July 2015, you were interviewed by the investigating police officers.  You made full and frank admissions to committing these offences.  Indeed you revealed facts and material which revealed offences committed by you upon this girl that she had not revealed to the police officers when she spoke to them.  It is to your credit that you made all of these frank and full admission.  I will return to that a little later. 

27Mr Hooke, you are now aged 28, having been born on 18 November 1987. 

28Mrs Pamela Matthews, a well-known forensic psychologist, in her report, spells out your family history and I quote directly from Pamela Matthews' report. 
Ms Matthews said this:

"Mr Hooke was brought up in Thornbury with his mother, grandmother and younger brother.  His father and mother separated when he was around one year of age.  He had no contact with his father, who lives in country Victoria, until 2010 when he made contact over Facebook.  He began to visit his father and paternal family every few weeks,  and in 2014, moved into that same country area, in order to be close to family.  In hindsight, he realises this was a decision which lacked insight into the nature of his relationship with his father and paternal family.  He reports no support from his father and paternal family and very little contact with them."

29Later Mr Hooke told Ms Matthews - this is what she writes that:

"His mother has told him that his father and another person sexually abused him when he was a small child, but he reports no recollection of these events."

30Ms Matthews then goes on to say that your mother is aged 50 and works for the Department of Human Services.  Your brother was born in 1989 and has two children and they have, that is you and your brother, have always had a continuing conflictual relationship.  "We have fought all our entire lives", you said. 

"He has not spoken to his brother in six years.  His grandmother died in 2010.  His mother sold the family home in order to pay for nursing home treatment for his grandmother.  After selling the family home, his mother put a deposit on a five-bedroom house in South Morang." 

31It is at the time she was supporting your brother and your sister-in-law and their children. 

"However this arrangement fell apart 18 months ago and his mother has struggled with the mortgage ever since.  Recently the bank foreclosed and have taken the house."

32Your mother now lives in Doreen and you have made arrangements for your daughter to reside with your mother at this time. 

33As a young person, your life was difficult.  You report to Ms Matthews that money was tight; that you had a "wary" relationship, that was your word, wary relationship with your grandmother, but this relationship did not improve until - in later years in your grandmother's later life.  You report a miserable childhood, to Ms Matthews.  You attended Psychiatric Services at the Austin Hospital and I again quote from Matthews' report.  Ms Matthews wrote this:

"Mr Hook reports a childhood diagnosis of oppositional defiant disorder, describing constant tantrums, not wanting to do as he was asked or told, and tormenting his brother beyond belief.  'I'm not sure how Mum put up with me.'" 

34Ms Matthews, later in her report, and I will shortly go to that, said this: 

"Whilst these health issues", that is relating to the oppositional defiant disorder, "Are risks which - are issues - are risk factors which with a role in reducing Mr Hooke's emotional and sexual boundaries, but they are not causative".

35So Matthews says. 

36Ms Matthews further reports as to your schooling and work related employment and I again quote from Matthews' report.  This is what she said, and she is speaking of you, of course:

"He attended Holy Spirit Primary School in Thornbury, changing in Grade 4 to Wales Street Primary School, as he was being bullied at his first school.  He reports being teased, as he had ears that stood out from his head.  These were pinned with surgery in 1997.  He also bullied others. 
'I was sent to the principal's office most days for tormenting other children.  I wanted to establish I wasn't the one to be picked on.'  He never really made friends and only excelled at subjects he liked, failing in others he did not like.  He went on to Northcote High School for half of Year 7.  He fought everyday with his teachers and was bullied.  This was in 2000.  He spent the next two years playing video games and watching cartoons at home.  He did not return to school until 2002, at which point he attended Collingwood Community High School for six months, before leaving to start work."

37Ms Matthews goes on to say:

"His first employment was in a video shop.  He did try to return to school in 2003 to undertake Year 10, VCAL, part-time, but did not complete the year.  He worked in the video shop for seven years.  He had three different managers during this time and remains close to his last one.  He had begun working as a security guard while working at the video shop and continued with this work until once the video shop closed in 2009.  He gave up this work", that is the security work, in 2011 when you were stabbed at work.

38Mr Hooke, you have been involved in several relationships, the last being with the mother of your young daughter.  Until going into custody, you were your daughter's primary carer, and as I mentioned earlier, your mother is now caring for this young girl.  There are Family Law Court orders in relation to the placement and concerning this young girl.

39Ms Matthews also refers to your substance use, and I again quote from Matthews' report.  She says this:

"In regards to substance use, he reports he tried cannabis a few times as a teenager, didn't like it and has not used since.  He began to steal sips of alcohol from the age of ten, but did not drink alcohol in any serious manner until the age of 15 years, when he began to drink.  'Anything I could get my hands on.'  When he was 18, he was working a lot, but when he socialised, would drink beer.  In 2006 he had a car accident, driving through a fence after falling asleep at the wheel.  Subsequently he began to drink a slab, 24 cans of beer a day, and a bottle of whiskey at night and slept every day.  He did this for eight months.  Then went cold turkey and was abstinent for 12 months.  He would then have a drink occasionally, but began to drink more with the closing of the video shop, as he was worried about money.  He was caught for drunk driving and lost his licence.  As mentioned earlier, he was drinking 12 stubbies a night, or the equivalent in bourbon, during the matters before the court.  He reports since being charged, he has reduced his alcohol consumption to once every three weeks, when he spends the weekend in Lalor with his friends, while his daughter is with her mother.  He also began counselling three months ago to address his alcohol use.  Mr Hooke reports he is a happy drunk, not a violent or angry drunk.  He is also engaged with Rumbalara Mental Health Services."

40A report dated 24 August 2016 from Primary Care Connect, that is in country Victoria, indicated you have been receiving drug and alcohol support with Primary Care.  The report indicates that you are committed to addressing your alcohol issues and that you have attended all scheduled appointments.

41As to your background, for this offending, Ms Matthews forms the following opinion:  It is Ms Matthews view that:

"The behaviour before the court represents residual boundary testing and rule breaking behaviour, associated with your aforementioned developmental disorder and opportunity, rather than sexual deviance.  Associated with this behaviour is a period of depression, anxiety, stress and substance abuse, associated with being a single parent of a small daughter, subsequent to the breakdown of an earlier relationship and Family Court proceedings.  Mr Hooke's alcohol abuse appears to have been problematic on an off over his adult years, with increases in use occurring, seemingly as a means of self-medication at times, of increased stress and deteriorating mental state."

42Matthews then says this, and it is important, as I understand the report:

"While these aforementioned issues are risk factors, with a role in reducing Mr Hooke's emotional and sexual boundaries, they are not causative."

43I read that before and I have repeated it. 

"Mr Hooke understands his behaviour was wrong and takes full responsibility.  His overall risk of re-offending is estimated to be low."

44I am inclined to agree with that opinion of Ms Matthews. 

45Mr Hooke, I assure you, I have taken into account all that has been said on your behalf by your counsel, Mr Kelly. 

46I take into account your early plea of guilty.  This plea is indicative of your remorse.  Your counsel, Mr Kelly, again on your behalf, expresses your remorse to this court. 

47I further take into account the fact that you made full and frank admissions to committing these offences.  As you will recall, I mentioned that earlier, that you had revealed offending and information to the police officers, that the complainant had not spoken of when she performed the VARE tape with those investigating policemen. 

48I quote from the case of R v Doran [2005] VSCA 271, in which the Court of Appeal made the following observations in that case. His Honour Buchanan J is then speaking of the individual in that case, but it equally applies to you.
I will quote directly what Mr Buchanan J said, and he said this:

"However, the appellant quite voluntarily, without any pressure from any authorities, provided the prosecution with all the evidence necessary to convict him of the majority of the crimes.  In my view the consequences of the appellant's admissions are that they reduce the need for a sentence to personally deter the appellant.  They increase the prospects of his successful rehabilitation and they demonstrate genuine remorse for his actions."

49I would add that I think it important that the appellant should receive
a demonstrable discount in his sentence, in order to encourage others to make those admissions.  Now what Buchanan said there of the appellant in that case, equally applies to you.

50Mr Buchanan J also in that same case, produced by Mr Kelly, in court when we were last together, quoted from the case of R v Ryan [2001], found at 206 CLR, p.267 at 295, where Mr Kirby J in the High Court said:

"Unless persons such as the appellant are encouraged to bring unreported cases to notice, the likelihood is that, in the great majority of instances, such crimes will not be reported.  They will therefore go unpunished.  Accordingly, both from the point of view of society and of the victims of crime, there are strong reasons of policy why the law should encourage offenders to make full confessions.  It should certainly not discourage them.  Encouraging a full confession may also be an important first step in securing help for and counselling of the offender.  This is likewise one of the objects of criminal punishment and that of judicial sentencing." 

51Ms Pamela Matthews, in her report, records that you admit your behaviour was wrong and that you understand that you are responsible, not the complainant.  Matthews further records that you make no attempt to minimise your behaviour.  That is all to your credit.  You have fronted up to it and to put it bluntly, copped it on the chin.  You do not try to minimise it, you do not try and avoid it, and in fact you reveal all.

52The legislation making provision for these offences is specifically aimed or designed to protect the young.  Mr Hooke, you took advantage of this young girl and manipulated her so as to satisfy your lust and your behaviour was
a disgrace. 

53The aggravating features of your offending is that you have breached the trust of this girl's mother and the girl herself.  Each of them trusted you as
a neighbour and as a friend.  You grossly breached that trust.  Further, as is recorded by Ms Matthews, there is evidence of grooming.  She did not use that word, that is the word I have used.  She said this:

"There is evidence of psychological coercion, promised gain of status, privileged favour or affection, in that Mr Hooke gave the complainant gifts, complimented her in a sexual manner and engaged in mutual texting."

54As I mentioned earlier.  An example of gifts were that you gave a box of chocolates to the young lady on St Valentine's Day. 

55Ms Matthews records that you have some insight into your offending and this psychologist opines that your risk of further offending is low. 

56I will just say this,  your prospect of rehabilitation has to be positive.  As
I understand it, your mother and other members of your family were present in court when we were last together seven or eight days ago.  That is indicating that they remain supportive of you and will continue to do so.  I do not know if any of them are here today, but some might be.  You have taken steps to seek counselling, of your own motion, as I mentioned earlier.  You have been compliant in attending the counselling services that were provided.  I think that all locks in with Rumbalara. 

57Mr Hooke, in the case of Wakime [1997] 1 VR at p.242, the then President of the Court of Appeal Mr Winneke J said:

"This court has frequently said that those who engage in sexually abusing young persons who are in their trust, can expect to receive condign punishment.  Such conduct is not only destructive of family values and all that they stand for, but it is now well-known that it has the capacity to destroy for its young victims, their chance of enjoying a natural and healthy lifestyle."

58You have, as I have just said, abused this young girl, when in fact you should have been looking after her, after her welfare and her future, as a family friend.  You failed in that duty as a good neighbour and a good friend.

59Mr Hooke, you have no prior convictions, although Matthews does report of some drink driving difficulty in the past.  That is totally unrelated to this, if that be the case.

60There has been two victim impact statements filed in this case, one from the mother of the complainant and one from the complainant.  The mother of the victim, among other things, says in her victim impact statement:

"This has affected my ability to trust and to engage with people."

61This lady, that is the mother, has sought counselling and she is still engaged with counsellors.  She further states:

"I find that I am now hypervigilant around my children.  In the past I have been trusting and easy going.  Since the crime, I find that I am very wary about who my children are around.  I become anxious and am constantly watching out for the kids when they are around people I do not know very well.  I find that the crime has affected my ability to socialise in public the way I did before."

62The complainant, in her victim impact statement, indicated that she felt stupid and embarrassed:

"When I realised the relationship wasn't real."

63She says that she is still ashamed.  Later this young lady says:

I look back now and realise that everything that happened affected my schooling."

64Would you stand up please. 

65Mr Hooke, the Sentencing Act, s.5, provides sentencing guidelines for the assistance of the court in sentencing offenders such as yourself. I remind you briefly the purpose for which the sentences may be imposed are to punish an offender such as yourself, to an extent and in a manner that is just in all the circumstances.

66Secondly, the principles of specific deterrence and general deterrence are to be considered, so as to deter you and others from committing offences of the same or similar character.  In this instance, the prosecution submits that you are an appropriate vehicle for general deterrence.  Perhaps the actions you have taken with specific deterrence are not quite as high because of your whole activity in revealing everything and wearing it on the chin, as I said before, are not quite as to the fore as general deterrence.  Those out there must look in and say, "Look what happens if you commit these offences." 

67The court is also conscious of the needs for rehabilitation and to rehabilitate offenders such as yourself. 

68I pause there for a moment.  You may not have had access to newspapers and television, I am not sure, over the last three or four days, but believe it or not, there has been a lot of publicity, particularly over the weekend, about offending by offenders on young people, and the press are out there really giving it
a wide coverage. 

69On Count 1, that is the count of indecent act, you will be convicted and sentenced to be imprisoned for a period of four months. 

70On Count 2, that is the count of digital penetration, you will be convicted and sentenced to be imprisoned for a period of 12 months.

71Taking into account that you have be convicted on two sexual offences and sentenced to terms of imprisonment, you are now to be sentenced as a serious sexual offender. 

72I hasten to add that the prosecutor, Mr Roper, has indicated that
a disproportionate sentence is not sought by the prosecution in relation to the remaining two matters.

73I also take into account the provisions of s.6(c), 6(d), and on Count 3 on the indictment, that is where oral penetration took place, you will again be convicted and sentenced to be imprisoned for a period of 12 months. 

74Finally, on Count 4, that is the anal penetration, you will be convicted and sentenced to be imprisoned for a period of 15 months. 

75I further order that three months of the sentence imposed on Count 1, be served concurrently with the sentence imposed on Count 4. 

76I also order that nine months of the sentence imposed on Count 2, and nine months of the sentence imposed on Count 3, be served concurrently with the sentence imposed on Count 4.

77The total sentence then imposed equals 22 months. 

78Pursuant to s.18 of the Sentencing Act, the prisoner is to be given credit for having served seven days of imprisonment. 

79Further, pursuant to the Sex Offenders Registration Act, if that is what it is called, there is a mandatory provision that you be on that register for life. 

80Further, whilst I am speaking of legislation, pursuant to s.6(f) of the Sentencing Act, I read into the transcript these provisions: Section 6(f) says:

"The court that sentences a serious sexual offender for a relevant offence must, at the time of doing so, cause to be entered into the records of the court in respect of those offences, the fact that the offender was sentenced as a serious sexual offender."

81I have read that into the transcript.  It is now part of the record. 

82Last but not least, whilst we are dealing with sentencing, I understand there is no opposition to the 464 order being made. I will explain that to you in a minute. Section 464 is a section in the Crimes Act.  There is a whole lot of letters and numerals that gives authority to the court when offences such as these have been committed, to order that you provide a DNA sample.  I am making that order and in the next day or so, you will be approached and asked to put
a cotton bud in your mouth, twirl it around in your mouth and they simple take a swab. 

83I am also bound by the legislation - I am not quite sure why they say it but they do, if you resist, reasonable force could be used to take that sample. 

84Last but not least in terms of the Sentencing Act, had it not been for the plea of guilty, I believe I would have sentenced you to at least three and half years of imprisonment, perhaps four.  There would have been at least a minimum term of two years' imprisonment to be imposed. 

85In addition to the sentences of imprisonment, there is no parole fixed period here, so this is a sort of a parole, if you like, that to put it simply, you would be released on a community corrections order, once those 22 months are served.  The Corrections recommend community work.  I do not do that when
I have imposed a penalty such as imprisonment, because I think it is almost
a double penalty.  You have already been penalised by loss of liberty.  So I am not going to order that you perform any community work.

86For that reason, I have not complied with the recommendations of Corrections.  Otherwise I agree with that they say. 

87Just take your seat now. 

88I will read this out and then I will explain it to your client, Mr Kelly. 

89Pursuant to s.48D(3)(b), that the special condition of treatment and rehabilitation of alcohol take place. 

90The next two really all roll in together with that.  That is that 48D(3)(d), treatment and rehabilitation for medical problems, if they exist.

91Section 48D(3)(e), treatment and rehabilitation for mental health.

92Last but not least, 48D(3)(g), treatment and rehabilitation to provide for programs so as to learn alternative ways to avoid offending in the future.  I do note that Ms Matthews says that there is a very low chance of re-offending.

93Pursuant to s.48(e), supervision, a supervisor is appointed.  Mr Hooke, just let me explain it.  Treatment and rehabilitation for alcohol.  You are already doing it, because you are going to counselling, and as I understand it, Corrections will just continue that on at the appropriate time. 

94What happens is, you are assessed and if you need treatment, well then you must continue.  If you do not need any more treatment, well then it is all over.  If you do not take your treatment when it is assessed that you do need it, then you are in breach and you can be brought back.

95Now the treatment and rehabilitation for medical and treatment and rehabilitation for mental health, probably relates to your alcohol abuse and the consequential depression and stress that plays therefrom, because you have been - certainly when drinking a slab of cans a day, that is a big drink in anybody's language and it brings with it the possibility of mental and medical health issues.  So they all roll into one, if you follow me.  So if you are assessed as needing medical treatment or mental health treatment, you must undergo it.  If they say you are clear, then you do not.

96What I say about the supervision order is this:  You will have appointed to you, if you like it is the same as a parole officer, somebody that is organising and helping you to follow whatever program you have go to do.  That is an extra individual that you will know if you need some help or counselling advice.  Use that person, because if they cannot give you the advice or help, they certainly have contacts where they can assist you.  Do you understand that?  Thank you.

97He has got to sign some forms before he is taken away.  Do you want to speak to him while that is being done, Mr Kelly?

98MR KELLY:  Yes, Your Honour, thank you. 

99MR ROPER:  I am sorry, just to clarify, what was the duration of the CCO that Your Honour ‑ ‑ ‑

100HIS HONOUR:  Eighteen months.

101MR ROPER:  Eighteen.

102HIS HONOUR:  They are asking 18 months, simply because of the treatment programs.  If his treatment finishes, of course it finished.

103MR ROPER:  Thank you, Your Honour, I've just cleared up the draft. 

104HIS HONOUR:  Sorry about that.

105MR ROPER:  464ZF it is. 

106HIS HONOUR:  I have got them.  They are here. 

107MR ROPER:  I think they could have been provided with some with an amended date on them, that's all.

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