Director of Public Prosecutions v Hunter (a pseudonym)

[2021] VCC 1589

IN THE COUNTY COURT OF VICTORIA

Revised

Not Restricted

Suitable for Publication

AT MELBOURNE

CRIMINAL JURISDICTION

DIRECTOR OF PUBLIC PROSECUTIONS

v

DAMON HUNTER (A PSEUDONYM)

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JUDGE:	HER HONOUR JUDGE GAYNOR
WHERE HELD:	Melbourne
DATE OF HEARING:
DATE OF SENTENCE:	16 September 2021
CASE MAY BE CITED AS:	DPP v Hunter (a pseudonym)
MEDIUM NEUTRAL CITATION:	[2021] VCC 1589

REASONS FOR SENTENCE

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Subject:

Catchwords:

Legislation Cited:

Cases Cited:

Sentence:

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr J. O’Toole
For the Accused	Mr J. Miller

HER HONOUR: 

1Damon Hunter[1], you have pleaded guilty before me to the following offences:  Indictment L1067533, threat to inflict serious injury, and once charge of threatening to destroy a property.

[1]A pseudonym.

2In relation to Indictment M10424800 you have pleaded guilty to one charge of threatening to destroy a property, four charges of stalking, one charge of using a postal service to menace, two charges of persistent contravention of a Family Violence Order, one charge of contravention of an order intending to cause harm or fear for safety, three charges of threatening to inflict serious injury, once charge of intimidation of a law officer.

3You also pleaded guilty to the following summary charges, which were uplifted pursuant to s145 of The Criminal Procedure Act:  five charges of contravening a Personal Safety order, and one charge of contravening a Family Violence Order.

4The maximum penalty for threatening to inflict serious injury is five years’ imprisonment.  The maximum penalty for threatening to destroy property is five years’ imprisonment.  The maximum penalty for stalking is 10 years’ imprisonment.  The maximum penalty for using a postal service to menace is two years’ imprisonment.  The maximum penalty for persistent contravention of a Family Violence Order is five years’ imprisonment or 600 penalty units or both.  The maximum penalty of contravening an order intending to cause harm or fear for safety is five years’ imprisonment or 600 penalty units.  The maximum penalty for intimidating of a law officer is 10 years’ imprisonment.  The maximum penalty for contravening a Personal Safety Order is two years’ imprisonment.  The maximum penalty for contravening a Family Violence Order is two years’ imprisonment.

5The facts underlying your offending are as follows, beginning with Indictment L1067533, which I will hereafter refer to as Indictment 1.  At the time of these offences you were living in Boronia.  The victim in this matter is Dean Barker, who is a Senior Constable of Police, who at the time was stationed at Boronia police station.  You had been in a relationship with a woman named Selena Carroll[2], which ended in 2016, after which you and she were involved in proceedings in the Federal Circuit Court.

[2]A pseudonym.

6In 2018 the Ringwood Magistrate’s Court made a full non-contact Family Violence Intervention Order listing you as the respondent and Carroll as the affected family member.  That is an order was made against you.  The conditions of that Order included that you were prohibited from contacting Ms Carroll, approaching or remaining within five metres of her, her house or her place of work and prohibiting any family violence.  On 3 December 2019 this order was varied to allow you to go to Ms Carroll’s residence in the company of police to collect your personal property.

7On 9 March 2020, at about 8.50 pm you telephoned the police assistance line, during which you made threats regarding Mr Barker and Victoria Police generally.  The telephone call was recorded, it is contained in the prosecution opening which is annexed to my sentencing remarks.  Essentially you threatened to steal a 32 tonne excavator and drive it straight through Belgrave police station. You used a lot of violent and obscene language, saying. ‘If they do not go to Selena’s and do the job that the Magistrate’s Court and the Federal Circuit Court have told them to do, I will go there and we will have a fucking showdown like no tomorrow.’

8The call was also transferred to a Sergeant Michelle Elliot, and during that conversation you said to her, ‘If you punch my name into the system you will see this whole pile of dog shit.  I’m going down there.’

9You also said, ‘I’m going to go and kick Dean Barker’s fucking head in. I’ve been looking for this little dickhead for a while.’

10On 17 March 2020 police attended your address where you were arrested for family violence and for the threats.  In a record of interview you denied threatening to drive an excavator through the Belgrave police station, but you did not deny making a threat towards Senior Constable Barker, although you did seek to justify it.  You pleaded guilty at the committal mention stage, and the Crown has accepted that you have pleaded guilty at an early opportunity.  There were no victim impact statements in relation to those two charges.

11In relation to Indictment no. 2, again at the time of this offending you were living in Boronia before being remanded into custody at the Ravenhall Correctional Centre in November 2020.  The victims in this matter are your mother, Melissa Hunter[3], your former partner, Selena Carrol, a former friend, Ned Weber[4], and various members of the Victorian Police force.

[3]A pseudonym.

[4]A pseudonym.

12The background to this offending is that on 3 December 2019 the Ringwood Magistrate’s Court made a Family Violence Intervention Order against you in favour of Ms Carroll.  The conditions of the Order prohibited you from committing family violence against Ms Carroll and contacting or communicating with her.  That Order expires in December 2030.

13On 21 February 2021 Ms Carroll gave her mobile phone to Victoria Police.  An analysis of that phone revealed that between 27 October and 8 November 2020 you sent her 366 text messages in breach of the order.  That relates to charge 1 on the indictment, stalking, and charge 2, persistent contravention of a family violence intervention order.  The text messages stopped on 8 November 2020, which is the day you were taken into custody.

14In summary the communication also encompassed 83 text messages between two hours in the early morning of 27 October 2020 in which you called her a liar, told her she had committed perjury and accused her of being a criminal.  Some of the text messages referred to Mr Weber as well as references to a member of the Victorian Police Force whom you accused of having perverted the course of justice.

15There were then 108 text messages between about 10.20 pm and 11.59 pm - that is over about an hour and 40 minutes - on 6 November 2020.  During those text messages you accused Victoria Police of lying, you called Ms Carroll a ‘thief’, a ‘drug fucked little idiot’, a ‘violent little cunt’.  You referred to her friend, saying that you would ‘smash her’, that you were ‘coming for a chat with Misty’.  Regarding Misty, you said you were ‘going to keep the cunt on the rope’, ‘bounce the cunt’, ‘bruise the cunt’.

16There were then 170 messages over about 12 am on 7 November to 12 am on 8 November 2020,  again abusing police at the Croydon Family Violence Unit.  You made threats against the police, saying you were going to stab them, cut them, bite their ears off, and referring to Senior Constable Barker you threatened to kick him ‘so bad it will be me like David Attenborough talking to a turtle’.

17Those threats underlie charge 3 on the indictment, make threat to inflict serious injury.  There were also three text messages between 12.04 am and 12.06 am on 8 November 2020, stating, ‘behave yourself Selena, you’ll survive’.

18Between 7 November 2020 and 26 January 2021, in addition to the text messages I have referred to in relation to Senior Constable Barker, you sent a series of letters to the Croydon Family Violence Unit and Sergeant Kirsty Swanky, where you made threats against Senior Constable Barker, and these actions underlie Charge 4 on the indictment, intimidation of a law enforcement officer.

19On 2 October 2018 the Ringwood Magistrate’s Court placed you on a Family Intervention Order where the protected person was your mother, Melissa Hunter.  The conditions included prohibitions against committing family violence against your mother or contacting or communicating her.

20On 17 December 2020 you sent a letter by post to a neighbour of your mother’s, where you accused her of cheating Centrelink and being violent, accused Victoria Police of making up lies, accusing your mother of lying to Victoria Police which had cost you your career, financial loss and property lost. You called your mother ‘a vindictive pathological liar’, you said you were ‘not going to sleep until her lies were exposed’, that you would ‘bring her undone in court’ and so forth.  These actions underlie Charge 5 on Indictment 2, contravention of an order intending to cause harm or fear for safety.

21Between 19 January and 11 February 2021 you sent three letters intended for Ms Hunter, each addressed to your father and sent to a neighbour’s address, where you stated that your mother was a liar, you said she lied to police, stating you wanted to expose her, you denied having bipolar, alleged other insulting remarks towards your mother, telling her she was a paranoid schizophrenic, was evil, and a bad influence on her grandchildren.  You also said ‘she is the target’ and that you would ruin her in return for her ruining your career.  These actions underlie Charge 6 on the indictment, persistent contravention of a Family Violence Intervention Order.  These letters combined with the letter of 17 December 2020 underlie Charges 7 and 8 on Indictment 2, they being a charge of stalking, and charge 8, using a postal service to menace or harass.

22On 14 January 2021 Detective Senior Constable Wall received two letters from you, sent from Ravenhall Correctional Centre.  Contained in the envelop were six pages of handwritten letters and in the second envelop were nine pages of handwritten letters where you made two threats to burn down your mother’s houses.  Those threats underlie Charge 9 on the indictment, making a threat to destroy property.

23You also made two threats towards Senior Constable Plouts, where you stated that if he did not charge Ms Carroll, ‘you and Barker are finished.  So I’m going to put a rope through the propeller and smash your head with it if you keep your bullshit up’, and that you would, ‘smash your fucking head through a coffee table’.

24Those actions underlie Charge 11 on the indictment, making a threat to inflict serious injury.

25In addition to these threats, in other letters received by Detective Senior Constable Wall between 14 and 26 January 2021 you stated, in relation to Senior Constable Plouts, various threats that he and Senior Constable Barker were your target. ‘Your bullshit paperwork is only going to be used as to fuel hay.  I challenge you to an old-fashioned fist fight [and] I’m going to kick it in Hunter’s face off Plouts’ head and goodbye Detective Plouts’.

26These references combined with the threats to inflict serious injury to Senior Constable Plouts underlie Charge 12 on the indictment, stalking.

27On 26 January 2021 Sergeant Swanky received a letter from you sent from near Ravenhall Correctional Centre, where you stated, in relation to your mother, that ‘She tells people I have bipolar.  I’ll make her catatonic if she keeps it up’.

28Those actions underlie Charge 10 on the indictment, making a threat to inflict serious injury.

29In the same letters received by Detective Senior Constable Wall and Sergeant Swanky you made references to Senior Constable Scott stating that, ‘I am coming to collect, and I will catch up with Callum Scott.  He owes me’.

30You said you wanted to go one on one with Senior Constable Scott and asked for his home address.  These actions underlie Charge 13, intimidating a law enforcement officer.

31In those same letters received by Detective Senior Constables Wall and Hunter and Sergeant Swanky, you made references to Detective Senior Constable Hunter saying, for example, ‘you cunts are cooked’, ‘Hunter is to drop all charges’, you said the RVO was ‘only worth the paper it was written on’, that ‘you have built a weapon’, ‘I say I have the ball and I’m in going to kick it in Hunter’s face off Plouts’ head’.  These actions underlie Charge 14 on the indictment, intimidating a law enforcement officer.

32In a series of letters received by Sergeant Swanky you threatened and insulted Senior Constable Porter, saying that they were childish, accused them of being thieves, said, ‘You’re a fuckwit dog, so is Shannon Porter and RSD.  You cunts knowingly allowed Selena to fuck around with my documents and display information on social media.  Shannon, I’m going to slap you around if you cause me any more XXXX or bullshit.’

33These actions underlie Charge 15 on the indictment, intimidating a law enforcement officer.

34In the same series of letters received by Detective Senior Constable Wall you stated that, ‘If you lie in court I will come for you.  It’s a bit Rosie Batty […] and Tim Wall, if Selena or Ned harass Sue at all again I’ll put you in the boot of a car and back it into a tree, so fuck off, dickhead.  Listen here I am coming to collect’.

35You were not interviewed in relation to these offences.

36Again, you pleaded guilty at the first committal mention, and the Crown accepts that you pleaded guilty at the earliest opportunity.  This matter came before me in relation to Indictment 1 on 27 January 2021.  It was adjourned so that I could obtain a full Community Correction report in relation to you.  On 10 March a further plea took place, and you were arraigned in relation to the second indictment on 2 September 2021.

37I refer now to your prior criminal history.  It begins in 2018, where you were dealt with for contravening an interim Family Violence Order.  Then on 18 March 2019 you were dealt with at the Ringwood Magistrate’s Court, on charges of failing to stop a car on police direction, persistent contravention of Family Violence Order, committing an indictable offence on bail, stalking, criminal damage, careless driving, and using a carried service to harass.  On that occasion you were given four months’ imprisonment and then released on a community corrections order.

38On 6 September 2019 you were dealt with in the Ringwood Magistrate’s Court for refusing a preliminary breath test, intimidating a law enforcement officer, threatening to inflict serious injury and committing an indictable offence on bail.  On that occasion you were placed in custody for 40 days, and the corrections order was cancelled.

39That is the entirety of your prior criminal history.  All of the offending relates to the continuing family law dispute, if I can put it that way, you have with your former partner Ms Carroll as do the current charges.  They also relate to the police involved in enforcing the order when you breached it.  This is in addition to driving offences, which are indicative in my view, of the continuing abuse of alcohol undertaken by you during this offending to which I will now refer.

40You are now 40 years of age.  You are the eldest of two children and until you came into contact with the criminal justice system in 2019 your life was reasonably unremarkable.  You left school in Year 11 to complete a carpentry apprenticeship, you built up a carpentry business during your 20s where you were employing two apprentices, and then in 2010 you formed a relationship with your former partner, Selena Carroll, and this relationship ended in 2016.  It was a very bitter separation.  It ended up in the Family Court.  In the process Selena Carroll took out an Intervention Order against you, as did ultimately your mother.

41There were a number of disputes over property, in particular you were angry about tools that you required for your work that she withheld.  And, as I understand it, you believe police were assisting Ms Carroll to keep property from you in defiance of Family Court orders made allowing you to collect that property.  It is quite clear from the psychiatric and psychological reports that I received that your anger with Ms Carroll turned into an obsession of a persecutory kind.  The circle widened to include the police involved in the enforcement of the Family Violence Orders as I have said, and also ultimately included your mother.

42You left the premises where you were living with Ms Carroll.  You returned to live with your mother and father briefly, but then left there and for a long period of time - and during most of this offending - you were couch surfing.  You lost your business.  You were essentially homeless.

43You reported to Dr Fiona Best, whose report of 27 January 2021 was tendered on the plea, that you had used cannabis on a very regular basis since your teenage years.  You also told her that during this period of time of dispute your drinking rose to the point that she diagnosed you as suffering both a cannabis and alcohol use disorder.  When you were seen by Dr Best you were in custody.  She said that at that time you presented with disorganised speech, preoccupied persecutory delusions about Ms Carroll, your mother, and Victoria Police.  She thought, at that stage, that you had a delusional disorder of a persecutory type which was continuous, and she believed that you had a major depressive disorder.

44She said there may well be symptoms of schizophrenia, and she noticed that there is a history of late-onset schizophrenia in your family relating to your maternal grandmother and aunts.  So you have got a vulnerability towards that, Mr Hunter, and it is important that you understand that, because Dr Best also felt that the clearly mentally unwell state you were in at the time you committed this offending may have been contributed to by your continuous cannabis use.  Use of cannabis is well known in these courts in terms of its link with organic brain illnesses such as schizophrenia.

45Do you understand what I’m saying, Mr Hunter?

46OFFENDER:  I understand that, Your Honour, and it’s somewhat incorrect.  I used cannabis a lot in my 20s.

47HER HONOUR:  Yes.

48OFFENDER:  In my 30s I very rarely used it, from 34 onwards.

49HER HONOUR:  Okay.

50OFFENDER:  And I understand that, because my gripe with my ex-partner was she would smoke it all day every day.

51HER HONOUR:  Okay, all right.

52OFFENDER:  And that’s where the violence sort of erupted in that relationship.

53HER HONOUR:  Okay.  Well I thank you for that, because the impression I got from Dr Best was that you were continuously using, and you do have a genetic vulnerability.  In other words you’ve got relatives who’ve experienced late onset schizophrenia and it’s well known in these courts that cannabis can be one of those drugs that sets it off.  So I am relieved to hear that that is not so much a problem for you.

54However, alcohol clearly was.  So I am satisfied that at the time of this offending, over this period of time, you were suffering from - as Dr Best stated - a ‘delusional disorder of the persecutory type’.

55Now we have had a number of talks about those in the times that you have appeared before me, Mr Hunter.  Fortunately whilst in custody you have been medicated on an anti-psychotic, that is Olanzapine, and placed on an anti-depressant, and this appears to have been extremely helpful to you.  Again this is something that we have discussed in the two plea hearings in front of me, Mr Hunter, in particular the plea hearing on 2 September where you talked to me about the beneficial effects of the medication you are on, and your understanding that you need to stay on that medication.  Okay?

56OFFENDER:  Yes, Your Honour.

57HER HONOUR:  Thank you.

58It was also the opinion of Dr Best that it was likely at the time of the offending your ability to make calm and rational decisions was impaired by your poor mental health.  It was also her view that because of your poor mental health you would find a gaol sentence harder to endure than the normal prisoners. 

59Now I accept that, although I also accept that gaol has also been somewhat beneficial to you, in that you have been kept in the one place and have been placed on a medical regime, which in my view is extremely important for you and fundamental to your wellbeing in the community.  Do you understand me?

60OFFENDER:  Yes, Your Honour.

61HER HONOUR:  My concern is that once in the community if you do not stay on your medication, you will start ruminating.  Do you understand what I mean by ‘ruminating’?

62OFFENDER:  Yes, Your Honour.

63HER HONOUR:  That is thinking obsessively about all the ills that have been done to you by various people and we’ll be in this whole cycle of you again, breaching orders, sending menacing letters, you in a perpetual state of misery and anger, the only outlet seeming available to you being these letters and actions, which are all offending.

64My concern is unless you get on top of that, there’s going to be a revolving door of you obsessing, miserable, angry, sending letters, making threatening phone calls, writing threatening letters to police, to your mother, to Ms Carroll, each of those actions resulting in precisely the sorts of offences for which I am dealing with you now.  Am I very clear about that?

65OFFENDER:  Yes, Your Honour.

66HER HONOUR:  It’s extremely important that when you are released from prison that you attend to your medication.  It is central to your wellbeing?  All right.

67OFFENDER:  Yeah, I understand, Your Honour.

68HER HONOUR:  I’m very pleased to hear it.

69Now unsurprisingly the assessing officers from Corrections found you unsuitable for placement on a Community Corrections Office because of how you presented.  That is still as obsessed and angry and full of vengeance.  So the concern for this court is whether you present a threat to the community, and by community, I mean in particular the community of police who are bound to enforce Family Violence Orders or Intervention Orders if you breach them.

70I am satisfied that because of the medical regime you have been placed on that this has calmed down.  I am comforted in that fact, because even though you continued to send these threatening letters and breaching the orders even after you were placed in custody, once we had the discussion - particularly in February during a plea hearing - about all this, about what it meant for you and what your future would be, that offending has ceased, and you are placed on appropriate medication.  So I am satisfied that you are capable of desisting from this behaviour.

71I was informed by your counsel that you continue to enjoy the support of your uncle, with whom you intend to live on your release from custody.  You also have the support of several friends.  After anxious consideration I have decided to deal with you by way of a combination of gaol - which will largely if not wholly be covered by the time you have already served - and your release on a Community Corrections Order.  Now that Community Corrections Order does not mean a get out of gaol free ticket, beyond you getting out of gaol, Mr Hunter.

72During that time - and the order will last for 14 months - you will be under the supervision of the Community Corrections Office, and if you do not obey the conditions of the order - which of course includes not reoffending - then you will be breached, brought back in front of me, and you are leaving me very little option but to gaol you if you do breach the order.

73One of the most important principles that judges have to consider, Mr Hunter, is whether a person is a danger to the community.  If a person presents as a danger to the community the law says that that is one of the most important and compelling factors a judge is bound by in applying the sentences principles that apply to any sentence.  Okay?

74OFFENDER:  Yes, Your Honour.

75HER HONOUR:  If you come out, go off your medication and start doing this again, you will be brought back in front of me on breach of the order and I’m going to have very little option but to gaol you, do you understand, Mr Hunter?

76OFFENDER:  Yes, I understand, Your Honour.

77HER HONOUR:  It’s just really important that you understand, no matter how aggrieved you are, how angry you are, that if you keep behaving in this way, even when you’ve got a judge who is sympathetic, as hopefully I have tried to be during this hearing, a judge or a magistrate cannot just do what they like.

78OFFENDER:  No.  No.

79HER HONOUR:  There are laws which apply, and that principle of protection of the community is a big one, if I can put it that way.  I am anxious to see you succeed, Mr Hunter, and if you can manage to get your head around what you need to do to stay out of trouble, I’m confident that you will.

80You came into contact with the criminal justice system very late in your life.  You have been a responsible and contributing and hardworking member of this community, and it is my earnest hope that you will go back to being that.  In addition if you are able to leave all this mess behind - if I can put it that way - you will be a much happier man.  You are a skilled tradesman, you are a person who has run his own business, you have got a good life out there if you want it.

81You are very different to so many of the people that this court sees, people who have had parents who have been drug dealers, that have basically introduced their children to drugs from an early age, so they did not have an education, they have not got any skills, they have got a series of ghastly relationships that they have littered along the way, and life is almost impossible for them.  You have all the equipment a person needs to live a successful and productive life.  Do you agree with me?

82OFFENDER:  I do agree, Your Honour.  Yeah.  And the ‑ ‑ ‑

83HER HONOUR:  The only barrier is you going back to your war with Selena, if I can put it that way.

84OFFENDER:  Yes.

85HER HONOUR:  You must leave all that behind.  Just leave it.

86OFFENDER:  Yes.

87HER HONOUR:  And your war with Victoria Police.  You are never going to win that one, no matter how justified you feel.  You got it?

88OFFENDER:  Yeah, I understand that, Your Honour.

89HER HONOUR:  Okay.

90OFFENDER:  Yeah.

91HER HONOUR:  You do need to understand that.

92I accept that all limbs of Verdins have been met in your case.  I accept that there is a link between your offending and your unwellness at the time.  I accept the other limbs of Verdins and the sentence is therefore accordingly moderated.  It is not going to be moderated into the future if you keep this up.  I know I am repeating myself, Mr Hunter, but I am worried about you, all right?

93So taking into account all these matters, and I note that it is the prosecution’s view that you should be sentenced to a term of imprisonment with a maximum and a minimum term.  However, because of the mitigatory factors I have outlined in relation to your case, I am not going to proceed with you that way, but to proceed with you by way of a combination which will involve both imprisonment and release on a Community Corrections order.

94I therefore sentence you as follows:  in relation Indictment 1, Charge 1 you are sentenced to four months’ imprisonment, and you will be released on a Community Corrections Order which will commence once you have served the rest of the sentence.  I am pretty sure that the term of imprisonment I am sentencing to you has already been served by way of pre-sentence detention.  Charge 2, four months’ imprisonment.

95On Indictment no. 2, Charge 1 four months’ imprisonment.  Charge 2, four month’s imprisonment.  Charge 3, three months’ imprisonment.  Charge 4, four months’ imprisonment.  Charge 5, three months’ imprisonment.  Charge 6, three months’ imprisonment.  Charge 7, three months’ imprisonment.  Charge 8, two months’ imprisonment, and that sentence will begin today, 16 September.

96Charge 9, two months’ imprisonment.  Charge 10 four months’ imprisonment.  Charge 11, four months’ imprisonment.  Charge 12, three months’ imprisonment.  Charge 13 three months’ imprisonment.  Charge 14, three months’ imprisonment.  Charge 15, three months’ imprisonment.  And Charge 16 is three months’ imprisonment.  On each of the six summary offences you are sentence to two months’ imprisonment.

97In relation to Charge 1 I order that one month of Charge 2 be served cumulatively to the sentence imposed on Charge 4.  In relation to Indictment 2 the bench-based sentence will be Charge 1, four months’ imprisonment, and I order that two weeks of all the other sentences apart from Charge 8 to be served cumulatively to the sentence imposed on Charge 1.  And that should amount to 28 weeks, which is seven months’ imprisonment, which will result in a total effective sentence of 11 months.

98I beg your pardon.  No, I have done this wrong.  I apologise.  Sorry, Mr Hunter, and to counsel.  I did law because I was no good at maths and this is clear demonstration that I am not.  So Charge 1 is four months.  I beg your pardon; I will make that one week cumulative rather.  So that should be 14 weeks - I will make it one week cumulative - and there will be one week cumulatively on each of the summary charges.  I think there is six of those.  So that gives 22 weeks.

99So that results in a sentence of nine months, two weeks, and I will order that one month of the total effective sentence imposed on Indictment 1 be served cumulatively to the total effective sentence imposed on Indictment 2 which should result in a total effective sentence of 10 months and two weeks.  I declare that 191 days of that sentence have been served by way of pre-sentence detention.  All right?

100OFFENDER:  All right.

101HER HONOUR:  So I’m not sure if that will entirely swallow up the pre-sentence detention or if you’ve got a bit more to go, Mr Hunter, but it certainly will not be much more.  All right?

102OFFENDER:  Okay, Your Honour.

103HER HONOUR:  Okay.  Because you’ve done about 10 months now, haven’ you?

104OFFENDER:  Yes.

105MR O’TOOLE:  No, Your Honour.  It is just over six months.

106HER HONOUR:  Pardon?

107MR MILLER:  I agree with Mr O’Toole.  It is just over six months.

108MR O’TOOLE:  Your Honour, It is just over six months.

109HER HONOUR:  What I have imposed?

110MR O’TOOLE:  No, no.  So the PSD, Your Honour, is just over six months.

111HER HONOUR:  Is it?  Okay.  So you are going to have about four months more to go, Mr Hunter, all right?

112OFFENDER:  All right, Your Honour.

113HER HONOUR:  Okay.  Can you manage that?

114OFFENDER:  Oh, yeah, I suppose I’ll have to.

115HER HONOUR:  I know.  You were hoping it was all going to be over today, is that right?

116OFFENDER:  Yeah.  Just ‘cause I’ve got things planned, set up for me for work and things.

117HER HONOUR:  I am afraid you are going to have to move those, Mr Hunter, because given all the offending I do not think I can bring it - I had somehow thought that whole of the 191 days - I cannot be giving you less than 10 months because of all the offending.  All right?  But ‑ ‑ ‑

118OFFENDER:  So?

119HER HONOUR:  Yes?

120OFFENDER:  Sorry.  No, that’s all right.  So hang on, I’ve got four months to go?

121HER HONOUR:  You have got about four months to go, all right?

122OFFENDER:  All right.

123HER HONOUR:  I am sorry you are disappointed, Mr Hunter, but I had thought that there would be - there was just too much offending for me to do it any less than that?  Okay, and the accumulation has been very moderate indeed.  All right.

124So you are to be released on a Community Corrections Order for 14 months, and I can only place you on an order if you agree to the terms.  They are that you must report to Corrections within two working days of the making of that order.  Whilst on the order you must not commit any offence punishable by imprisonment.  What that means is it does not mean you have to go to gaol, but if you knock off a box of matches theoretically you could go to gaol and that would breach the order.

125Whilst on the order you may not leave Victoria without the permission of the Community Corrections Office.  You must report to and receive visits from the Community Corrections Office.  You must report any change of address or occupation within 48 hours of the making of that order, and you must obey all lawful directions from the Community Corrections Office.  And finally you may not attend a Public Community Corrections Office under the influence of drugs or alcohol.

126I am going to order that you undertake assessment and treatment for alcohol abuse.  You are to undergo assessment and treatment for mental health difficulties.  You are to undergo assessment and treatment for mental health difficulties.  You are to undergo programs designed to reduce reoffending.  And I am going to order that you undertake 80 hours of unpaid community work and there will be judicial monitoring, which means you will come back in front of me, Mr Hunter.  You can be beamed in remotely, if you wish, but because I am a little bit worried about you, I will be receiving a report from Corrections as to your progress on the order.  Do you agree to enter this order?

127OFFENDER:  Yes, Your Honour.

128HER HONOUR:  Thank you very much.  Okay so the order will start - what I will do is I will order a judicial monitoring in April of next year.  What date would you like?  20 April at 9.30, that will be the first judicial monitoring.  Okay?

129OFFENDER:  Okay.

130HER HONOUR:  So, Mr Hunter, when I see you in April, I am looking forward to seeing you working, your life going on and, you know, back to where you should have been.  All right?

131OFFENDER:  All right.

132HER HONOUR:  Thank you.  So I take it some of the days since November have been eaten up by other sentencing, is that right?

133MR O’TOOLE:  They have, Your Honour, yes.

134HER HONOUR:  Okay.  All right then.  We will stand down until 2.15.  Good luck, Mr Hunter.

135OFFENDER:  Thank you.

136HER HONOUR:  Thank you.  Thank you very much.

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