Director of Public Prosecutions v Hughes

[2020] VCC 296

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR-19-01815

DIRECTOR OF PUBLIC PROSECUTIONS

v

BREE HUGHES

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JUDGE:	HIS HONOUR JUDGE MASON
WHERE HELD:	Melbourne
DATE OF HEARING:	24 February 2020
DATE OF SENTENCE:	20 March 2020
CASE MAY BE CITED AS:	DPP v Hughes
MEDIUM NEUTRAL CITATION:	[2020] VCC 296

REASONS FOR SENTENCE
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Subject:Plea - sentencing

Catchwords:            Obtain property by deception - attempt to knowingly deal with proceeds of crime - knowingly deal with proceeds of crime - possession of identification information - possession of drug of dependence - attempt to obtain financial advantage by deception

Legislation Cited:     Crimes Act 1958, Sentencing Act 1991

Cases Cited:

Sentence:10 months' imprisonment and 24-month CCO

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APPEARANCES:	Counsel	Solicitors
For the DPP at hearing For the DPP at sentence	Mr J. Singh Mr M. Vella	Office of Public Prosecutions
For the Accused at hearing For the Accused at sentence	Mr C. Terry Mr B. Balmer	Balmer & Associates

HIS HONOUR:

1Bree Hughes, you have pleaded guilty to two charges of obtain property by deception, two charges of attempt to knowingly deal with proceeds of crime, two charges of knowingly deal with proceeds of crime, one charge of possession of identification information, one charge of possession of a drug of dependence and one charge of attempt to obtain a financial advantage by deception.

-     Obtain Property by Deception carries a maximum penalty of 10 years’ imprisonment

-     Attempt to knowingly deal with Proceeds of Crime carries a maximum penalty of 10 years’ imprisonment

-     Knowingly deal with Proceeds of Crime carries a maximum penalty of 15 years’ imprisonment

-     Possession of Identification Information carries a maximum penalty of 3 years’ imprisonment

-     Possess Drug of Dependence (methylamphetamine) carries a maximum penalty of 30 penalty units or 12 months’ imprisonment or both

-     Attempt to Obtain Financial Advantage by Deception carries a maximum penalty of 5 years’ imprisonment

2There are three co-accused in this matter: you, Kristel Galvin-Samie and Jan Pira.  I note that at a committal mention in the Magistrates' Court on
9 September 2019 you pleaded guilty to these current charges, and the other two had a committal hearing listed.

3On appeal to this court (on 28 January 2020) following a magistrate’s sentence, Ms Pira was sentenced to 9 months and 26 days' imprisonment.  She had served most of that already in pre-sentence detention.

4Ms Galvin-Samie has pleaded not guilty and, as I understand, is awaiting a contested committal.

5You were born on 20 April 1989 and are now 30 years old.  You were aged 28 and 29 at the time of the offending. 

6You have a relevant prior criminal history, albeit very brief, about which I will go into more detail later.

7By way of background to this matter, the three of you together agreed to obtain and alter identity documents, then use these documents to access bank accounts of unsuspecting victims, and then create fraudulent bank accounts into which some of the proceeds of your crimes were transferred. 

8This scheme involved any one of the three of you impersonating victims and attending banks to access those victims’ bank accounts.

9The fraudulent scheme also involved the opening of bank accounts using victim identity details transposed with your photographs.  It is alleged that genuine identity photographs of victims were replaced with the photograph of the particular offender on identity documents to facilitate the fraud.

10The fraudulent activity involved the group of you sourcing stolen victim identities and altering these identities.  The group used an identity to take over a person's bank account by attending the financial institution, using the false identity and changing passwords and account details.  After the details were changed, you would take over the account and transfer monies into other accounts and ultimately withdraw funds out in cash. 

11The scheme also involved applications for personal loans and credit from financial institutions.  By the use of false identities and fraudulent documents - such as forged payslips and other required financial documents - the applications were granted and paid into bank accounts. Your group then withdrew amounts of cash or transferred the proceeds through false bank accounts.      

12Investigators allege a number of the identity documents belong to victims of thefts, and other identities were clients of a business of which the co-accused Galvin-Samie was once an employee.

13A fuller explanation of the sorts of activities carried out by the group is as follows: 

·     Obtaining victims’ identity documents from victims of thefts and burglaries.

·     Using personal data information stolen from Kristel Galvin‐Samie’s past employer, FleetPlus, to create false identities and apply for credit and open bank accounts.

·     Obtaining email accounts and mobile phone numbers in false names and names of victims of the identity thefts.

·     Altering identity cards using sophisticated overlays with the image of one of you to portray as the real person of the identity card.

·     Submitting online applications through financial institutions to obtain personal loans and financial gain.

·     Attending a number of ANZ, CBA, Bankwest and Westpac banks, where you provided fraudulent identification and purported to be that person to withdraw cash and transfer monies to other false bank accounts.

·     Providing the false mobile numbers, addresses, and email accounts to the various banks to maintain contact and receive statements and other financial information linked to the account.

·     Providing false documents - including payslips and altered documents - purporting to be employed people applying for credit.

·     Directing monies credited to those bank accounts to other accounts to be withdrawn in cash and also to purchase online currencies.

14The Fraud and Extortion Squad commenced Operation RECESSED-2018 and consequently charged the three of you. 

15The details of your offending are as follows.

16As to Charge 1, obtaining property by deception on 5 December 2017:  Katherine Seide is a Westpac account holder.  She first noticed issues with her bank account in September 2016 when Westpac Bank and other financial institutions sent her letters advising that she had been approved or declined for credit applications which she had not made.  She initially reported the matter to the New South Wales police who forwarded the investigation to the Victoria Police Fraud and Extortion Squad.

17Ms Seide also noted that her account details, including contact phone numbers and her email address, had been changed.  The changed mobile phone numbers were later found to be registered to the victim of a stolen driver's licence, Kally Costello.  That driver's licence was subsequently located at 47 Dingo Street, Point Cook on 1 August 2018.

18On 5 December 2017 you, Ms Hughes, attended the Westpac Bank located at
530 Collins Street, Melbourne, purporting to be Katherine Seide.  You then used a New South Wales driver's licence in the name of Seide, but with your image attached, and withdrew $300 in cash from Ms Seide's Westpac Bank account.

19Also on 5 December 2017, you attended at the Westpac Bank at the Queen Victoria Village on Lonsdale Street, Melbourne, once again purporting to be Katherine Seide.  You then used the New South Wales driver's licence and withdrew $5,000 in cash from Ms Seide's Westpac account.  Closed-circuit television footage from the bank captured the withdrawals, with you wearing a black wig and sunglasses.

20As to Charge 2, the attempt to knowingly deal with proceeds of crime on
21 December 2017:  on that date you attended the Westpac Bank in St Albans and requested to withdraw $25,000 in cash from your own Westpac Bank account.  The bank teller became suspicious and identified you from a recent Westpac Bank internal fraud alert - the teller noticed your distinctive turned eye from a previous image she had seen from that internal alert. 

21The teller noted that your account had been locked by the Westpac Bank fraud team.  The teller made an enquiry with the Westpac Bank fraud team and was advised that your account was linked to a person of interest who was suspected of being involved in large-scale identity takeover scams.  The teller contacted police and uniformed police members attended and checked your details. 

22Identity checks made by police confirmed that the female was you, and you were let go by the uniformed members as they were not aware of the ongoing investigation involving you.  The $25,000 was deposited into your bank account from a fraudulent personal loan application in the name of Justin Grant Scott, which was approved in December 2017 by the Westpac Bank.

23As to Charge 3, attempt to knowingly deal with proceeds of crime on 28 May 2018:  in November 2017, Tabassum Zaidi lost her wallet containing her Victoria driver's licence and Medicare card.  On 28 May 2018, you attended at the ANZ Bank in Elsternwick purporting to be Ms Zaidi.  You handed to the bank staff a driver's licence in her name that contained your image.  You then attempted to withdraw $30,000 from an ANZ bank account in the name of Tabassum Zaidi.

24The ANZ Bank staff member was suspicious of the transaction as that particular account had only been opened earlier that day.  The bank teller requested that you wait while she made an enquiry.  You told the bank employee that you needed to move your car.  You then left the bank and did not return, leaving the altered driver's licence in the name of Zaidi at the bank.

25Closed-circuit television from the bank captured you wearing a black wig with a scarf tied around your head and a long grey coat.  The ANZ bank account in the name of Zaidi had earlier that day been credited with $79,103.22 that had been fraudulently transferred by your co-accused Ms Galvin-Samie from the ANZ bank account of a Ruth Lim at the ANZ Bank, South Melbourne.

26As to Charge 4, knowingly deal with proceeds of crime on 28-29 May 2018:  on 18 January 2017 a motor vehicle owned by Fajkan Kastrati was broken into and his wallet, containing his Commonwealth Bank Visa card, Victorian driver's licence and Medicare card, was stolen.

27On 28 May 2018, you contacted the ANZ Bank via mobile phone and purported to be Mr Kastrati and opened an ANZ Access Advantage Saver Account in that name.  You provided the details from the stolen Kastrati driver's licence and Medicare card to the ANZ Bank as part of the account opening process.  A mobile phone contact number and email address was also provided.  This mobile phone number and email address were registered in the name of a Faik Lusija.

28On 28 May 2018 at about 4.50 pm, you attended the ANZ Bank in the Bourke Street Mall purporting to be Mr Kastrati.  You used the driver's licence in the name of Kastrati that contained your image and withdrew $15,000 in cash from the account in the name of Kastrati.  Closed-circuit television from the bank captured you wearing blue jeans, a black leather jacket, black beanie and a dark-coloured wig in an attempt to conceal your identity.

29On 29 May 2018, at 10.42 am, you attended at the ANZ Bank in Werribee and again purported to be Fajkan Kastrati.  You used the same altered Victoria driver's licence in the name of Kastrati before completing a withdrawal slip for $9,000 and obtaining $9,000 in cash from the account in the name of Kastrati. 

30Whilst at the ANZ Werribee branch you also transferred $9,000 from the Kastrati account to Chaser & Co, a bitcoin dealer and trader.  On 8 June 2018, the ANZ Bank identified the account in the name of Kastrati as being suspicious and froze the remaining account balance of $2,000 before then closing the account.

31As to Charge 5, obtaining property by deception on 3 July 2018:  on 3 July 2018 at approximately 3 pm, you attended at the ANZ Bank, Waverley Gardens, purporting to be one Haylee Lane.  You requested a redraw of funds from the mortgage account held in the name of Haylee Marie Lane and
Brendon Lane, ANZ Bank customers.

32Very shortly thereafter, at approximately 3.03 pm on 3 July 2018, ANZ Bank staff at the Waverley Gardens branch called the ANZ contact centre as suspicions were held about the female presenting as Haylee Lane.  The security code provided to staff by you at the Branch was incorrect and the account profile had been restricted for security reasons.  Closed-circuit television from the ANZ Bank, Waverley Gardens, captured you attempting this transaction.

33On 3 July 2018 at approximately 3.30 pm, you attended the ANZ Bank in Springvale purporting to be Haylee Lane.  Once again, the security code provided by you to the bank staff was incorrect and your attempt to withdraw $1,500 was declined.

34About 12 minutes later, a female purporting to be Haylee Marie Lane contacted the ANZ Bank contact centre and requested a redraw from Lane's ANZ One Statement Account.  The female caller requested a $15,000 redraw, but was advised that only $14,000 was available.

35Approximately 20 minutes after this, at about 4 pm, you attended at the ANZ Bank in Springvale purporting to be Haylee Marie Lane.  You requested a $14,000 cash withdrawal from the account and produced a Victoria driver's licence in the name of Haylee M Lane in support.  The withdrawal slip for this transaction notes the driver's licence number of Haylee Lane.

36CCTV from the ANZ Bank in Springvale captured you conducting the withdrawal and obtaining the cash.  Another female, who remains unidentified, was with you.  You were wearing a black wig with a grey-coloured beanie, black-coloured jacket, grey top and black-coloured pants.  You were holding a small light-coloured bag.

37As to Charge 6, knowingly deal with proceeds of crime on 25 July 2018:  on
27 May 2018, a Mary Markov had her handbag stolen at the Coles car park in Corio.  Inside her bag were all her personal items, including her purse with identity documents and bank cards.

38On 24 July 2018, at approximately 10.30 am, a female contacted the ANZ Bank purporting to be bank customer Mary Markov, and made an application for a personal loan.  The female caller provided the security code “A JOHN” for the purpose of identification.  This female caller requested that both the contact phone number and the contact email address be changed.  Enquiries revealed the phone number to be registered to the false name of Melanie Blackman.  There was no record of the provided email address.

39On 25 July 2018, a personal loan application in the name of Mary Markov for the amount $30,000 was approved.  That same day at about 12.28 pm, a female purporting to be Mary Markov contacted the ANZ Bank.  The loan amount for $30,000 was drawn down into an ANZ bank account in the name of Mary Markov.  Less than an hour later, at approximately 12.54 pm, you attended the ANZ Bank in Docklands purporting to be Mary Markov.  You used a driver's licence number in the name of Markov, but containing your image, to withdraw $15,000 in cash from the fraudulently-obtained loan funds.

40At approximately 2 pm the same day you attended the ANZ Bank in
Elizabeth Street, Melbourne, purporting to be Mary Markov.  Once again you used the driver's licence in the name of Markov, containing your image and withdrew $15,000 in cash from the fraudulently obtained loan funds.  Again, closed-circuit television from the ANZ Bank captured you presenting as Markov and conducting the transaction. 

41As to Charges 7 and 8, possess identification information and possess drug of dependence:  on 1 August 2018 at approximately 7.50 am, a Crimes Act s.465 search warrant was executed at 47 Dingo Street, Point Cook. Present at the address were Ms Galvin-Samie and you. The property is a four-bedroom, brick veneer house with closed-circuit television cameras pointing to the driveway and entrance to the house. The property was jointly rented by Michelle Wiles (the partner of Ms Galvin-Samie) and Kristy-Lee Hika.

42Both you and Ms Galvin-Samie were located in the garage of the property and placed under arrest.  The garage appeared to be used as another sitting-type room, with a coffee table and chairs and drug paraphernalia present.  A television setup to view the footage from the closed-circuit television cameras at the front of the property was present.

43After you were arrested, a safety and evidence search located two small plastic bags containing a small quantity of a white, powdery substance, later determined to be methylamphetamine, tucked into your bra.  Two bundles of identity documents were then located in your underpants.  A number of wigs, jackets, clothing items and a rack full of sunglasses were also located and seized.  In addition, a number of other identity documents were located during the search of Dingo Street and had been linked to previously-reported crimes.  Those items located appear in Schedule A of the Indictment in relation to Charge 7.

44Later on 1 August 2018, you were interviewed by police.  You exercised your legal right to answer 'no comment' to questions put to you.

45As to Charge 9, attempt to obtain a financial advantage by deception: Deborah Lee Chapman lives in Melton, and sometime in September 2018 her renewal for her Victorian driver's licence was stolen from her letterbox.

46On 29 October 2018 at approximately 2.22 pm, a female purporting to be Ms Chapman contacted the ANZ Bank to obtain a Customer Reference Number to enable ANZ mobile banking.  The female caller provided the code word, “'SHALLOW” for security.  After authentication, the female caller changed the contact mobile phone number and the contact email address.  Checks conducted on the email address show the victim's name - Deborah Chapman - was used to register the account.

47Investigation of the phone number and email address revealed that the phone was registered in the name of a Shamim Nawabi.  Ms Nawabi was the victim of a theft in August 2016 during which her purse was stolen from her car.

48On 29 October 2018 at approximately 2.39 pm, a female purporting to be Ms Chapman contacted the ANZ Bank to apply for a $35,000 personal loan.  The following day Ms Chapman attended the ANZ Bank in Altona to report a fraudulent personal loan application in her name.  The ANZ Bank placed restrictions on Ms Chapman's banking profile and referred any callers to the Altona branch.

49On 30 October 2018 at approximately 2.05 pm, you attended the ANZ Bank in Collingwood purporting to be Ms Chapman.  You were there to change a bank security code.  A Victorian driver's licence was presented at the time for identification.  About an hour later, at approximately 3 pm, you attended the ANZ Bank at the Northland Shopping Centre purporting to be Ms Chapman, to enquire about the personal loan application in her name.  You provided the Victorian driver's licence to the bank staff.  Bank staff noted that Ms Chapman's profile was being accessed from the ANZ Bank in Altona at the same time.

50It was confirmed that the actual Deborah Lee Chapman had attended the
ANZ Bank, Altona, to update the fraudulent details on her ANZ Bank profile.  You left the ANZ Bank at Northland prior to the arrival of police, but left behind the altered Victorian driver's licence in the name of Deborah Lee Chapman and containing your image.

51Closed-circuit television footage from the ANZ banks at Collingwood and Northland captured you wearing a short black wig with a dress and dark-coloured leggings.

52I now turn to your personal circumstances.

53As I noted earlier, you are now 30 years old and you were 28 and 29 at the time of the offending. 

54Your criminal record comprises one appearance at the Werribee Magistrates' Court in August 2014 when, for various drugs, weapons and dishonesty offences you were placed, without conviction, on a community correction order for 12 months, with the only condition being the imposition of 160 hours of unpaid community work.

55I note that you have also received convictions for matters subsequent to the current indictment and which involve similar offending to the matters now before me. 

56For these other matters subsequent to the current indictment, you were sentenced to a community correction order, which I see you have breached.

57These subsequent matters are relevant only to the wider context of your circumstances and as to prospects of rehabilitation.

58You had an uneventful early life, describing home life as wonderful, with a positive relationship with both your parents and your siblings and no exposure to violence or substance abuse.

59You did well at school, actually excelling in some subjects, and completed Year 12.  The character reference from your school principal, Mr Kennedy, is notable for its description of the positive aspects of your character.  You are described as being thoughtful, considerate of others, reliable, self-confident and sensible.  In particular, Mr Kennedy observed that you have the capacity for self-direction when working towards personal goals. 

60Both the character referees, Ms Hemming and Ms Dingle, also refer to your conduct in this offending as being out of character.

61Unfortunately, since leaving school and commencing work you have experienced a number of deeply disturbing emotional setbacks.  After leaving home you struggled with your sexual identity and your mother died after a protracted illness.  After your mother's death you moved back home with your father and cared for him when he became sick.  Your father also died in traumatic circumstances after a lengthy illness.  Further tragedy occurred some years later when your only brother also died following a brain tumour.

62Throughout part of this period you had a son by a male partner.  That relationship broke up and you continued to engage with your son, who is now aged six.  Your son is currently being cared for by one of your sisters following intervention due to your chronic history of illicit substance use.

63You currently present with a chronic drug addiction.  In 2017 you attended a detoxification and rehabilitation program, but relapsed into using again.  Your drug-taking history began prior to the death of your parents.  You describe originally using drugs recreationally, including various pills and speed, ecstasy, and having taken MDMA most weekends.  You later graduated to daily use of ice.  You still continue to struggle with daily drug use.  Your drug use escalated after the death of your father.

64You have also developed a chronic gambling disorder.  You apparently gained some financial inheritance after your father's death and have squandered it all on your addictions.  In addition, you have accumulated large debts.  You would typically gamble every day from between half an hour to six hours.  You have acknowledged that the gambling has destroyed relationships by spending money that was not yours.

65You accept that you engaged in the current offending to secure funds for your drug and gambling addictions and you now feel shame and regret for your actions.  It was in this context that your offending occurred. 

66You also frankly admit that you still continue to engage in daily drug use.

67A report from Ms Carla Lechner, clinical psychologist, was tendered on your plea.  Ms Lechner conducted a personal assessment based on your self-reporting together with some formal psychological testing.  Ms Lechner reported that you present with symptoms of Stimulant Use Disorder, Gambling Disorder (in early remission, based on what you told her) and Major Depressive Disorder.

68Ms Lechner opined that, from a clinical point of view, you would benefit from a multi-disciplinary approach to intervention that targets your underlying depression and unresolved grief, as well as your struggles with a stable sense of identity and belonging.

69The offending, by its level of deception and its process of using fraudulent documents and false identities through stolen personal documentation, is obviously serious offending and is aggravated by its persistence and repetition over a period of 10 months.  The offending involved careful planning and preparation as well as the use of disguise, and its purpose was solely to support your drug and gambling addictions.  You continued offending even after you had been arrested for the offending relating to Charges 1 to 8.

70The use of personal identity information is a factor which causes great anxiety to individuals and potential loss to institutions.  It has the added effect of undermining community trust in financial transactions.  So principles of both general and specific deterrence and denunciation by the courts of this type of offending must be given appropriate effect.

71In mitigation I have considered all the matters urged by your counsel, and in particular taken into account:

·     your plea of guilty and the time at which it was entered, both for its utilitarian value and as expression of remorse;

·     your direct apology and expression of remorse as set out in your letter tendered to the court;

·     your otherwise good character as expressed in the character references;

·     your lack of any previous criminal history of like character - I note that the 2014 non-conviction is indicative of a developing drug history, and the subsequent court matters are reflective of your deeply entrenched drug addiction;

·     the impact of the multiple family tragedies on your emotional health;

·     your efforts to cease gambling through the deed of self-exclusion you have undertaken;

·     the support you have from your sisters;

·     your empathy and capacity to reflect on the impact that your behaviour has both on yourself and others, as expressed in your letter of remorse and in the character references and what you told Ms Lechner.

72As to your drug and gambling addictions, they are factors capable of explaining the context of your offending but cannot, in my view, moderate your moral culpability as being directly linked to the offending.  The evidence is clear that your descent into serious illicit drug use preceded your family tragedies and began as a habit of free choice.  Your decision to engage in such destructive conduct was made within a background of having a harmonious and supportive family relationship, a good education and close supportive friends, together with evidence of you possessing a capacity for common sense and sound judgement.

73Mr Kennedy's reference refers to you having studied the subject 'Ethics' throughout Year 12, where you exhibited a high ability to identify the role of values in ethical judgements and ways of discerning worthy and unworthy matters of choice.  You made the choice you did.

74I do accept, however, that your long-term drug addiction and subsequent descent into a gambling addiction can be considered as evidence of personal circumstances likely affecting your ability to make calm and rational decisions, particularly when taken into account with your likely emotional vulnerability as a consequence of your repeated family tragedies. 

75I therefore accept that some limited moderation may be allowed to what I would otherwise have applied to specific and general deterrence reflecting your reduced moral culpability in part for the offending.

76I do not accept that the evidence of your present depressive state is sufficient to mean that there is a serious risk that imprisonment will have a significant adverse effect on your mental health.  The evidence is speculative as to how long your depression has been a feature of your personality and your condition is not inconsistent with the unexceptional emotions reactive to the imminent prospect of incarceration.  In my experience, and in the absence of evidence to the contrary, your condition is likely to improve with the resolution of your current circumstances.

77Parity with your co-offenders is a necessary consideration.  I note that your co-accused Jan Pira received a sentence of just under 10 months' imprisonment.

78The basic purposes for which a court may impose a sentence are punishment, deterrence (both specific and general), rehabilitation, denunciation and the protection of the community.  In sentencing, I have to have regard to a range of matters, such as the maximum penalty for the offence, the nature and gravity of the offence, your culpability and degree of responsibility for it, your personal circumstances, those of the victims and the context of current sentencing practices.  Each factor must be balanced in order to impose a sentence that is just in all the circumstances.  I am required to balance the interests of the community in denouncing your conduct and punishing criminal conduct with the interests of the community in seeking to ensure that, as far as possible, offenders are rehabilitated and reintegrated into society.

79I am guarded about your prospects of rehabilitation because of your deep addiction to drugs.  Your prospects will only improve if you make a determined and conscientious attempt to control that addiction.

80Taking all the matters before me into account, I consider that the purpose or purposes for which the sentence is imposed cannot be achieved by a sentence that does not involve a portion of time in confined custody.  In this context, I have also taken into account the extremely unusual and exceptional current community health crisis.  I also consider that your rehabilitation would be enhanced by a portion of your sentence being served within the community under strict conditions by the imposition of a community correction order.  You have been assessed as being suitable for such an order.

81Ms Hughes, could you please now stand.

82On Charge 1 of obtaining property by deception, you are convicted and sentenced to six months' imprisonment.

83On Charge 2 of attempt to knowingly deal with proceeds of crime, you are convicted and sentenced to three months' imprisonment.

84On Charge 3 of attempt to knowingly deal with proceeds of crime, you are convicted and sentenced to three months' imprisonment.

85On Charge 4 of knowingly deal with proceeds of crime, you are convicted and sentenced to six months' imprisonment.

86On Charge 5 of obtaining property by deception, you are convicted and sentenced to six months' imprisonment.

87On Charge 6 of knowingly deal with proceeds of crime, you are convicted and sentenced to six months' imprisonment.

88On Charge 7 of possession of identification information, you are convicted and sentenced to three months' imprisonment.

89On Charge 8 of possession of a drug of dependence, you are convicted and sentenced to two months' imprisonment.

90On Charge 9 of attempt to obtain a financial advantage by deception, you are convicted and sentenced to three months' imprisonment.

91Charge 4 is the base sentence. 

92I direct that two months of each of the sentences imposed on Charges 5 and 6 be served cumulatively on the sentence imposed on Charge 4 and upon each other.  The sentences are otherwise concurrent.

93The total effective sentence is 10 months' imprisonment.

94On Charges 1-9 on the indictment you are further ordered, with conviction, to serve a community correction order for a period of 24 months.  The community correction order commences at the end of your period of imprisonment and ends 24 months thereafter.

95The Corrections centre you will attend is the Werribee Community Correctional Service at 87 Synnot Street, Werribee, and you must attend there within two clear working days after your release from custody.

96All the mandatory terms of a community correction order apply and the program conditions I impose are that:

·     you be under the supervision of a community correction officer;

·     you perform 200 hours of unpaid community as directed by the regional manager;

·     you undergo assessment and treatment (including testing) for drug abuse or dependency as directed by the regional manager;

·     you undergo programs or courses aimed at addressing factors relating to your offending as directed by the regional manager; and

·     you participate in programs and/or courses that are consistent with achieving the purpose of treatment and rehabilitation, and that may include employment, education, cultural and personal development programs as directed by the regional manner, with the request that you be assessed for suitability for a special offenders treatment program.

97I will now go over the mandatory terms of the community correction order, which are what you must and must not do.  The mandatory terms are that:

·     you must not commit another offence for which you could be imprisoned during the time that the order is in force;

·     you must comply with the requirements of regulation 17 of the Sentencing Regulations 2011, which essentially set out your obligations as to your attendance at the community corrections centre - such things as not attending drug-affected or alcohol-affected, do you understand that?

·     you must report to and receive visits from a community corrections order;

·     you must report to the community corrections centre, that is the Werribee centre, within two clear working days of the order starting, and as I have already indicated that means within two clear working days after your release from custody;

·     you must notify a community correction officer of any change of address or employment within two clear working days after the change;

·     you must not leave Victoria without first getting permission to do so from the community corrections officer; and

·     you must obey all lawful instructions from and directions of community corrections officers - such directions may be given either orally or in writing.

98Do you understand and agree to those conditions, Ms Hughes? 

99OFFENDER:  Yes, I do, Your Honour.

100HIS HONOUR:  Thank you.

101Now if you get sick or if there are exceptional circumstances the order may be suspended for a period of time, and if your circumstances materially alter you may apply for a variation or cancellation of the order.  In either case you must notify the community corrections centre, that is the centre at Werribee, and I recommend that you obtain legal advice if any of these things happen.

102However I must warn you that if you breach any condition of this order, you will be brought back before me - back to court and back before me.  One of the options open to me is to cancel the community correction order and then re-sentence you on the original charges, and I may also deal with you for the breach itself by sending you to prison for up to three months as a breach offence.  Do you understand that?

103Do you understand the consequences of breaching your community corrections order?

104OFFENDER:  (Indistinct.)

105HIS HONOUR:  All right, I will ask you to sign the order shortly.

106Pursuant to s.6AAA of the Sentencing Act 1991, but for your plea of guilty the total effective sentence that would have been imposed is two years and six months' imprisonment, with a minimum period of one year and eight months to be served before eligibility for parole.

107At the plea hearing the Crown sought an order for a forensic sample and I make that order today for the reasons noted on the order, namely, that the seriousness of the offending warrants the making of the order, the order is not opposed and the making of the order is in the public interest.

108I also need to inform you that if, at the time of the request for the sample, you do not consent to the taking of a mouth scrapping under the supervision of an authorised member of the police force, then the sample to be taken will be a blood sample and police may use reasonable force to enable that forensic procedure to be conducted.  Do you understand that, Ms Hughes?

109OFFENDER:  Yes, I do.

110HIS HONOUR:  All right.  At the plea hearing there was also an application for a disposal order, which was not opposed.  I have also made that order today. 

111I ask that the community correction order be passed to your counsel for the purposes of you reading it and on agreeing signing it, and then I will sign it in turn.   

112We are just going to make a slight amendment to the order to include what I have directed, that is the request that Ms Hughes be assessed for her suitability for the special offender's treatment program and that would be likely to address the issues of the gambling addictions as well as the drug matters. 

113MR BALMER:  Does any of the course time get deducted from the unpaid community work time.

114HIS HONOUR:  It can be and I think that's noted actually in the report for assessment for a community correction order.  I do not think I have to specifically nominate that, do I?

115MR VELLA:  I may have to check the legislation but I think Your Honour does need to order that, that's my understanding.  I will check that, but I do believe an order's required.

116MR BALMER:  You do.

117HIS HONOUR:  Yes, that is right and that is my recollection of it too.  And I assess these things according to the particular circumstances of the case.  I have on occasions, on contravention, applied that according to how people have been addressing their community correction order. 

118At this stage I will not make that direction or allowance here because part of the sentence I have imposed does require the punitive aspect of unpaid community work.  And I believe that is a necessary part, both for punitive matters and also for the purposes of developing habits of work which I think assist in the rehabilitation of the offender.  So I do require her to apply herself conscientiously to the work commitments.

119MR BALMER:  As Your Honour pleases.

120MR VELLA:  As Your Honour please.

121HIS HONOUR:  Was there anything else from either counsel?

122MR BALMER:  No, Your Honour.

123MR VELLA:  No, Your Honour.

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