Director of Public Prosecutions v Hussen

[2017] VCC 254

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR-16-00470

DIRECTOR OF PUBLIC PROSECUTIONS

v

KAYLENE HUSSEN

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JUDGE:	HIS HONOUR JUDGE M.P. BOURKE
WHERE HELD:	Melbourne
DATE OF HEARING:
DATE OF SENTENCE:	15 March 2017
CASE MAY BE CITED AS:	DPP v Hussen
MEDIUM NEUTRAL CITATION:	[2017] VCC 254

REASONS FOR SENTENCE
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Subject:
Catchwords:
Legislation Cited:
Cases Cited:
Sentence:

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APPEARANCES:	Counsel	Solicitors
For the DPP	Mr B Kissane
For the Offender	Mr M Brugman

HIS HONOUR: 

1Stand up, please, Ms Hussen.  On the state charges, you are sentenced as follows.  On Charge 3, three years’ imprisonment.  On Charge 4, two years’ imprisonment.  On Charge 5, 12 months’ imprisonment.  Charge 6, 12 months’ imprisonment.  On Charge 8, two and a half years’ imprisonment.  On Charge 9 and Charge 10, 12 months’ imprisonment as to each. 

2As to cumulation, I direct that six months of the sentence on Charge 4, three months of the sentence on Charge 6, nine months of sentence on Charge 8, and three months of the sentences on Charges 9 and 10 be served cumulatively upon the sentence, the three-year sentence, for Charge 3 and upon each other.  That is a total effective sentence, on the state matters,  of five years.  I set a non-parole period of three years on that sentence.  Both head and non-minimum term are to start today.

3As to the Commonwealth charges, I sentence you as follows.  On Charge 1, three years’ imprisonment.  On Charge 2, three and a half years’ imprisonment.  On Charge 7 and Charge 11, 12 months’ imprisonment on each.  That is a total effective sentence of three and a half years. I direct that all of those sentences are to commence on 11 March 2020.  I set a non-parole period of one year’s imprisonment, and that is to commence on the same date, 11 March 2020. 

4So that it is made clear, my purpose is this, that across the whole range of counts  you receive a total effective sentence of six and a half years, and a total effective minimum term, if that is the right way to express it, of four years.  I declare, under s.18, three days of presentence detention. 

5Is there anything else I need to do?  Were there other ‑ ‑ ‑

6MR KISSANE:  No, Your Honour.  There are other orders.  I think they’ve all been provided. 

7HIS HONOUR:  I think I’ve indicated - is one a forensic sample?

8MR KISSANE:  Yes, Your Honour.  

9HIS HONOUR:  I need to explain to Ms Hussen - you can sit down for this.  I’m directing, or making an order, that you supply a sample of your saliva.  The reason why I’m doing that is the seriousness of these offences.  It was not opposed.  What will happen is arrangements will be made for you to supply the sample.  You’ll place a cotton swab inside your mouth, and that’s the end of it,  if you cooperate.   If you don’t, a blood sample may be taken by injection and reasonable force used.  I’ve got that order, Mr Kissane, so I’ll sign it now.

10MR KISSANE:  Yes, thank you, Your Honour.  There is a 6AAA requirement, I think ‑ ‑ ‑ 

11HIS HONOUR:  Yes, I’ll deal with that in a moment. 

12MR KISSANE:  ‑ ‑ ‑ in relation to the state charges.

13HIS HONOUR:  That is in relation to the state matter, not the Commonwealth. 

14MR KISSANE:  I think that’s right, Your Honour.  I don’t know that there’s an equivalent in relation to the Commonwealth. 

15HIS HONOUR:  All right.Now, there’s another - there are orders for compensation.  I should read out what figures they are.  There’s an order in respect of Kenneth Eagles of $20,000.  These are not opposed, is that right, Mr Brugman?

16MR BRUGMAN:  No, Your Honour.    

17HIS HONOUR:  Yes, thank you.  $40,000 in respect of Nancy Ischerwood; $50,000 in respect of the estate of Neil Dunn; $20,000 in respect of Bruce Priddle; $50,000 in respect of Donald Callister.  There’s another document, which is described as a template.  I don’t think I need to sign that.  All right.  Now, I refer to those compensation orders and prospective compensation orders in my reasons.  It’s not clear to me whether or not the further applications have been made, but in any event, I’m granting all of those orders.

18MR KISSANE:  Thank you, Your Honour. 

19HIS HONOUR:  So I’ll sign those documents.  Well, my s.6AAA indication was going to be eight and a half years, with a minimum term of six years, and that was to cover the whole range of offending.  I still think that’s the appropriate way to do it.  Do you wish me to try and isolate the state offences in respect?

20MR KISSANE:  No, I don’t think it’s necessary, Your Honour. 

21HIS HONOUR:  All right, thank you. 

22MR KISSANE:  It doesn’t invalidate anything. 

23HIS HONOUR:  All right.  Well, thank you for your assistance throughout this matter, Mr Kissane.  It’s been considerable, particularly on the arithmetic.  Thank you.  Now, Ms Hussen can be taken into custody.

24MR BRUGMAN:  If Your Honour pleases. 

25HIS HONOUR:  Sorry, Mr Brugman.  Thank you for your assistance, too.

26MR BRUGMAN:  Thank you.

27HIS HONOUR:  Now, I’m returning to commence a trial at 12 o’clock.  Yes, all right.  So I’ll stand down until then.  

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