Director of Public Prosecutions v Jackson

[2023] VCC 1751

IN THE COUNTY COURT OF VICTORIA

AT MELBOURNE

CRIMINAL DIVISION

Revised
Not Restricted
Suitable for Publication

Case No. CR-22-01183

DIRECTOR OF PUBLIC PROSECUTIONS

v

CHRISTIAN MAXWELL JACKSON

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JUDGE:	HER HONOUR HOGAN
WHERE HELD:	Melbourne
DATE OF HEARING:	12 September 2023
DATE OF SENTENCE:	2 October 2023
CASE MAY BE CITED AS:	DPP v Jackson
MEDIUM NEUTRAL CITATION:	[2023] VCC 1751

REASONS FOR SENTENCE
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Subject:

Catchwords:              Offender convicted after trial of two charges of Common Law assault and one charge of damaging property – victim was the offender’s wife and offences were committed in a context of family violence with an aggravating feature that the children or child of the offender and victim were present – marriage between the offender and victim ended in March 2018 – offending occurred eight to nine years prior to the trial – offender had no prior or subsequent criminal history and no matters pending – offender had offered a plea of guilty to the three offences of which the jury found him guilty shortly prior to the commencement of the trial, which was not accepted by the prosecution – offender proceeded to conduct trial and gave evidence that he did not commit the offences – some utilitarian value in pretrial offer but remorse problematic

Legislation Cited:      Sentencing Act 1991 (VIC)

Cases Cited:

Sentence:                  Total Effective Sentence of a Community Corrections Order for a period two years and a fine of $2000.

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APPEARANCES:	Counsel	Solicitors
For the DPP	Mr A McKenry	Solicitor for Public Prosecutions
For the Accused	Mr I Hill with Mr G Burns	Lou Castellano, Solicitor

HER HONOUR:

1Christian Maxwell Jackson, following a trial, a jury on 25 August 2023 convicted you of two charges of common law assault, each of which carries a maximum penalty of five years’ imprisonment, and one charge of criminal damage, which carries a maximum penalty of 10 years’ imprisonment or 1200 penalty units.

2Following the same trial, the jury delivered verdicts of not guilty on three other charges of common law assault and three charges of rape.

3You and your victim met in 1997 and cohabited for a time before marrying in 2002.  In the course of the marriage two children were born, a son in 2004, and a daughter in 2006.  The marriage came to an end in March 2018.  You and your victim have lived apart since approximately April 2018 and subsequently divorced.

4Following the conclusion of the marriage, in approximately August 2019, your victim went to police and made complaints against you.  She commenced to make a formal statement in December 2019, which was ultimately signed in February 2020.  The statement detailed the various offences which were tried before a jury, to which I have referred, together with circumstances of verbal and physical abuse by you towards her over the course of the marriage.  

5Evidence was given before the jury of acts of misconduct by you which were not the subject of any charge. There had been earlier periods of separation before the marriage finally ended.  It appears that, during one such period, your victim attended a general practitioner on 14 January 2016.  The doctor’s note of what the victim told her on that occasion was as follows:

“Domestic violence – in relationship for 20 years, married, two children (9 and 11 yo), unsure is (sic) she wants to leave and about how to leave.  Husband is controlling, verbally and emotionally abusive, is manipulative and has isolated her from friends and family.  Financially reliant on him.  He has been violent in past – choking and broken ribs.  Has tried to separate on occasions but he makes it very difficult, threatens to keep children away from her.  Her family is aware of situation but are unable to provide emergency housing as they have no room.  hb currently away in Japan until next Tues … unsure how to approach the situation, unsure if she can actually leave.

hb has drinking problem and has not sought help recently.

he won’t leave house and she has no money so can’t leave.

Parents can’t help as they have no room”.[1]

[1]Exhibit “H” at the trial

6Evidence was given at the trial by your victim that during the marriage you drank alcohol to excess.  This made you unpredictable and aggressive towards her, and made her scared of you.  Your daughter, who was aged eight and nine years at the time of the offending of which the jury has convicted you, provided Video and Audio Recorded Evidence (“VARE”) to police on 16 September 2020, in which she stated that she was about 11 when you and your victim separated.  She remembered lots of fighting between the two of you. When she was younger, she would get in the middle of you and your victim and try to push you away and stop you from calling your victim a slut.  She stated that, at times, the fighting would become physical.  She described you as getting drunk often on wine and it would be the wine that would “set (you) off the most times”.[2]

[2]Exhibit “F” at the trial

7A sister of your victim gave evidence that, at family occasions, you would consume an excessive amount of alcohol. You were not very good at limiting your alcohol intake and there was always an aggression that would come across if you had had too much.  She also gave evidence that, in a telephone conversation to your victim, she had heard you refer to your victim as “a fucking liar and a slut”.[3]

[3]TT 311-313 at the trial

8It is no part of my task to punish you for this other misconduct.  It was relied upon by the prosecution in the trial as placing the offending charged in the indictment in a realistic context. I am satisfied beyond reasonable doubt that the offending of which the jury has found you guilty occurred in a context of a relationship during which you engaged in aggressive verbal and physical behaviour towards your victim whilst you were intoxicated.  That context is relevant because, without it, the offences for which I must sentence you would present as isolated events “out of the blue” in an unrealistic way.

9The assault charge comprising Charge 2, of which the jury found you guilty, occurred on 18 March 2014 at night time, when your victim was endeavouring to leave the family home with the two children because you were drunk and aggressive.  It must be acknowledged that the jury were not satisfied beyond reasonable doubt of Charge 1, an assault alleged to have involved you kicking your victim down some stairs immediately preceding your offending on Charge 2.  Nevertheless, she stated that, due to your behaviour, she was planning to take the children to safety at her parents’ home, which was a short distance away.

10Your victim’s evidence was that she had woken the children, who were asleep, and put them into her car in the garage.  She could hear you coming downstairs from the house to the garage and you sounded very angry, aggressive and violent and were screaming.  She stated that you then leaned over the windshield and started smashing it while she and the children were in the car.  You pulled the silver housing off the back of the driver’s side mirror and proceeded to hit the car with it.  You struck the windscreen, causing two holes and surrounding cracks, and also the driver’s door, causing a dent. She stated that they were all terrified and the children were screaming.  She was just trying to get out of the garage as fast as she could and hit something on the left side back of the car as she was reversing out.  She stopped the car and she and the children then fled to the house of a neighbour across the road for safety.[4]  Photographs were tendered showing the damage to the driver’s side wing mirror, a dent in the driver’s door and two noticeable holes in the windscreen with a large radiating web of cracks around them.[5]

[4]TT40-44

[5]Exhibit “E” at the trial

11Your daughter, in her VARE stated that she believed that you and the victim had been fighting.  Her mother had said to get dressed and to put her clothes on because they were going to nan’s because dad was drunk.  They got into the car and were backing out and you ran down the stairs, opened the door, and ripped the driver’s side mirror off the car with a lot of force.  You then threw it at the windscreen as they were in the car.  She was in the front seat and her brother was in the back seat.  The glass did not fully shatter, but it smashed.  She said they were all very scared and she was crying and just remembers being absolutely petrified.[6]

[6]Exhibit “F” at the trial

12Your son gave evidence that you and your victim had been fighting and your victim did not want herself and the children to stay the night at the house.  She was panicked, telling them to hurry up because they needed to go.  He stated that they got into the car and he described you as having come “storming out” into the garage, yelling and being really aggressive and smashing the windshield on the driver’s side where his mother was seated inside the car.  He was not sure how many times you struck the window, but a big crack appeared and the driver’s side mirror was hanging off the car.  He stated that they were all screaming because they had just been woken up and it was a “super scary experience”.  He identified the damage depicted in the photographs of the car tendered as Exhibit “E”.[7]

[7]TT216-223

13The neighbour across the road described your victim and the children arriving at her house “all very agitated, frightened and scared”,[8] and your victim telling her that they had come over to her house for safety as you had smashed the windscreen and side mirror while they were in the car.

[8]        TT250, 13 – 19

14The mother of your victim stated that your victim and the children arrived at her house after dark and they were all crying and hysterical. She observed that the windscreen had been smashed, as well the side mirror, which was hanging off.  She took the children to the spare room to try to calm them down because they were just hysterical.  She said your victim had said that you had been drinking and you were getting violent and she just had to get herself and the kids out of the house.[9]

[9]TT 339-340

15Your victim’s father described coming to the door of his house at night and finding your victim and the children there and described your victim as hysterical, stating that you had smashed the car.  He observed the damage to it.

16Charge 3, assault, and Charge 4, intentionally damaging property, of which the jury found you guilty, were alleged to have occurred between 1 December 2015 and 31 January 2016.  Again the offending occurred at the family home.

17Your victim gave evidence that a friend, Ms Shepherd, was visiting the home and that the two of them had been at the kitchen bench having a glass of wine.  You had been drinking alcohol and came in and started denigrating Ms Shepherd, pointing out that she was overweight, that she had no money, and had to buy her clothes from K-Mart.  She said that you were being insulting and harassing, so the two of them moved downstairs to get away from you.  She stated that she was downstairs in the bedroom of your son seated next to him on his bed.  You had followed her downstairs and were arguing.  She was trying to defend herself as you became angry and was endeavouring to call her father on her mobile phone in order to get help, as she said she was terrified of you.

18She said that you came into your son’s bedroom and lent over the top of her, trying to grab the phone out of her hand, whilst your son was on the bed to her left.  She said that you were becoming “more pissed off and angry” that she was calling her father.  She stated that you were over the top of her and squeezed her hand in which she was holding the mobile phone with such force that the screen of the phone cracked, causing a cut to her hand and some bleeding.  She stated that you were on top of her, and her friend who was in the doorway to your son’s bedroom tried to diffuse the situation.  You somehow pushed or shoved or made some physical contact with her as the argument continued just outside your son’s bedroom near the end of a couch in a living room.  She stated that she was standing there very upset and shaken and that your son, who had been sitting next to her, had his hand in his hair twirling it and then sort of rocking, which is what he does when he gets really anxious.  She believed that your daughter came out of her bedroom which was adjacent to your son’s room.  After the incident, she believes that her friend, Ms Shepherd, drove her and the children to her parents’ house. [10]

[10]TT 56-62

19Ms Shepherd gave evidence that she had come to the family home to have some drinks and dinner and stay the night.  She, your victim, and yourself, had been drinking wine and you began to make some derogatory remarks about your victim to the effect that she was an airhead and using your hand to signal to insinuate that she was stupid.  You then started making some comments about her clothing, asking whether the top she was wearing was “the Versace range from K-Mart”, and making comments about her financial situation, which was that of a single mother and a low income earner.

20At some point, the three of you had been in the kitchen and Ms Shepherd stated that you came up to your victim and started called her a slut and moving closer to her and your victim was asking you to stop.  The children had come in and you called your victim a slut in front of them.  Your victim again asked you to stop and asked the children to go downstairs.  Your victim believed that you had taken yourself off to bed and she and your victim went downstairs, where she was intending to sleep on a couch in a lounge area just outside your son’s bedroom.

21Ms Shepherd heard you come down the stairs, walk past where she was in the lounge room and into your son’s bedroom, following which she heard your son let out a very loud blood curdling scream.  She was at the bedroom door and observed that your son was lying on the bed and you were on top of your victim trying to grab the phone out of her hand with one hand, whilst holding her with the other hand.  Your victim was holding the phone above her head and, at that stage, she observed that your daughter had come out of her bedroom, which was next door, so she went and told her not to come in.

22She said that, before she became focussed upon your daughter, she had heard your victim say that she was trying to call the police or her dad.  She believed that the victim’s phone ended up crushed on the bedroom floor, but conceded that, because she was turned towards your daughter, she did not actually see you grab the phone from your victim’s hand.  She stated that, after you stumbled off to bed, she drove the victim and the children to the victim’s parents’ home.  She described the victim as embarrassed, apologetic, shaky and thankful.[11]

[11]TT 265-271

23Your son gave evidence that he had woken up because of noises coming from upstairs.  Then his mother came into his bedroom stating that she wanted to sleep downstairs away from you.  He described her as pretty upset.  He stated that you started coming downstairs and his mother, the victim, was scared and going to contact her mum and dad on her pink iPhone.

24He stated that you came downstairs and another fight started, with his mother trying to contact her mum and dad and you reaching for her phone trying to snatch it away.  You ended up squeezing her hand with the phone in it, crushing her phone.  He stated that he had been in bed when his mother came downstairs, but he could not recall whether he had stayed in bed. Your action in crushing the phone took place just outside his bedroom and that of his sister.  He could see the glass screen of the phone cracked, and stated that there were sounds that something had been crushed.  His mum was “super panicked”, and her hand got hurt from you squeezing so tight, and there was bleeding.  He stated that you got the phone and chucked it away somewhere in the lounge room.[12]

[12]TT 223-226

25Your action of crushing your victim’s hand whilst she was holding the phone is the assault comprising Charge 3, and your action of damaging the phone by cracking its screen and throwing it away is the conduct comprising Charge 4.

26You are presently aged 54 years having been born on 10 January 1969.  You come before the court with no prior or subsequent criminal history and no matters pending.

27In a plea on your behalf by Mr Hill of Senior Counsel, the court was told that you are the older of two children who had a close and caring relationship with both of your parents.  You were born in Bendigo and commenced your schooling there, but later moved to Melbourne. You attended Wantirna Primary School and, then, Wantirna High School, where you completed your VCE in 1986.

28In 1987 you joined the Victoria Police Force and completed your training in February 1988.  You remained employed with Victoria Police until 1997, when you left to take up a position with Bakers Delight in Ballarat. You ultimately completed training and obtained the relevant expertise to enable you to purchase the franchise to the Newcomb Bakers Delight store in 1997.  Subsequently, in 1999, you also purchased the franchise for the Torquay Bakers Delight store.  The following year, you sold the franchise to the Newcomb store and purchased the franchise to the Corio Bakers Delight store, but this was not commercially successful and you sold it in 2014.  You continued to operate the Torquay store until January 2023, following which the rights to the franchise were transferred to your victim as part of the matrimonial property settlement.

29As previously stated, the marriage between you and your victim ended in March 2018. According to submissions made on your behalf, in July 2018, you commenced a relationship with Ms Debbie White, which is an ongoing relationship.  Both of you relocated to Noosa Heads in March 2023.  You have the ongoing support of your mother, who lives in Victoria.  She purchased a business, “Noosa Ocean Rider”, which you run.  You operate boat tours for tourists to go out to sea in order to watch whales and dolphins.

30Your counsel acknowledged that, in the past, you had drunk to excess and were the author of a number of letters to the victim during periods of separation (possibly during 2016 or 2018) which were tendered as Exhibit “3” at the plea hearing.  In those letters, you apologised for the hurt and pain caused to your victim at the time of writing the letters and acknowledged that you knew it was hard for her to forgive your actions, and that she may never heal. You claimed to be remorseful and expressed the wish that your marriage and family life could continue, but acknowledged that “alcohol may have sealed my fate”.  You acknowledged that you have torn the hearts of your victim and your children.  You expressed the hope that you can repair the marriage as your victim is your best friend and such a great person, and pleaded with her to have faith and belief in you, and promised not to hurt her or give her pain because you will hold and protect her as she is your “rock, your soulmate and your inspiration”.[13]

[13]Exhibit “3”

31It is difficult to reconcile the content of those letters with the brutish, arrogant, controlling and belittling behaviour towards your victim of which the jury has found you guilty.  It is an aggravating feature of that behaviour that it took place in front of your children at a time when your son was aged 10 or 11 years, and your daughter was aged eight or nine years.  In relation to Charge 2, photographs of the damage to the vehicle which were exhibited during the trial, speak for themselves about the degree of force with which you must have smashed the windscreen of the car, behind which your victim and your daughter were seated in the front seat, with your son in the rear seat.  This evidence before the jury depicts your violent behaviour taking place in a state of serious uncontrolled rage. That same rage is evident in your behaviour on Charges 3 and 4.  Again, that behaviour took place in front of your son and awoke your daughter.  It had been preceded by you insulting your victim and her female guest. You showed no moral qualms about your aggressive behaviour in trying to take control of her phone, which took place in front of your victim’s house guest. On both occasions your victim and your children fled the family home to her parents’ house for safety from your violent drunken conduct.     

32Your counsel stated that you had offered to plead guilty to the charges of which the jury has found you guilty prior to the commencement of the trial.  The prosecution had rejected that plea offer, which was presumably made in order to finalise all of the charges on the indictment.  You subsequently ran a trial, as is your right.  You gave evidence on oath that you did not commit the offences of which the jury have found you guilty.  This court acknowledges that the rejected plea offer entitles you to some mitigation of sentence on a utilitarian basis in that, had your offer been accepted, the trial on those charges of which you were convicted would not have had to proceed.  However, your subsequent behaviour of giving sworn evidence that you did not commit the offences, makes the finding of remorse on your part problematic.

33Tendered as Exhibit “1” on the plea were four character references.  Your first cousin, John Ross, and his wife, Jennifer Wallace, speak of you as being a hard working provider for your family and a loving father, who took his children surfing, skiing and on overseas holidays.  They noted the emotional and financial toll that dealing with the criminal allegations has taken upon you.  Mr Ross stated of you that “up until his separation from his partner he was extremely happy and contented with his life in Torquay”.  I here interpolate that your cousin must not be aware of whatever it was that you had done to hurt and cause pain to your victim, and acknowledge that alcohol may have sealed your fate in separating you from her and your children, as written by you in the letters to her comprising Exhibit “3”.

34Another character reference from Jamie Christie, who has known you for 15 years, describes you as a caring family man, who was interested in the local community. He noted the impact of the criminal charges upon you.  He stated that, since your separation, you have suffered emotionally and, at times, have struggled to cope, particularly with the loss of contact with your children.  He also noted that you worked hard at Bakers Delight and donated bakery products to the community. The latter factor was also mentioned in another reference by Amelia Smith, who was employed by you at Torquay Bakers Delight for approximately six years. Ms Smith wrote of your generosity towards others, particularly various charities to whom you donated free food or gave a discount upon bakery products.  She stated of how shocked she was when she learned that you and your victim had split up, and how you appeared to be devastated for a long time after that, and how she is unable to understand why your children have lost contact with you.

35Again, it is difficult to reconcile the picture painted of you by the authors of these references with the dishonourable and violent treatment of your victim in front of your children.  In response to an observation made by me during the plea hearing about how a person who appears to be a fine citizen in the community can behave very differently behind the closed doors of his own home, your counsel responded, “perhaps there are two Christian Jacksons”.  

36My impression of you is that you worked hard to support the family, but it seems to have been very important to you to give the appearance of financial success by having the trappings of wealth even when your business was getting into extreme debt. You claimed in your sworn evidence before the jury that the argument between you and your victim prior to the damage to her car was because she refused to believe that you were going to lose the house, and this was a continuing theme for the rest of the marriage.[14] However, under cross-examination, you conceded that, notwithstanding that you were in “dire straits” financially around 2014 to 2016 and had to enrol the children in a less expensive private school, you maintained your lifestyle which included overseas holidays, the purchase of motorbikes, go-karts and the like and continued to dine out at restaurants.[15] Somewhat inconsistent with your claim that your victim did not tune into your concerns about your financial difficulty, you told the jury on oath that you had gone downstairs to where she was immediately before the commission of Charges 3 and 4 to respond to her having yelled out from downstairs, “how can you afford to go to Japan”.[16] It seems to me that you have little insight into your own psychological make-up and the court has not been assisted by being provided with any report of psychological assessment of you.

[14]TT 534, lines 12-13 and TT536, 8-12

[15]TT 558, line 14 to TT559, line 19.

[16]TT 574, L16-18

37In sentencing you, I take into account your counsel’s submissions that you have endured some extra-curial punishment by undergoing a trial, with associated media attention about the allegations of rape and other serious assaults, albeit I note that your acquittal on the relevant charges was accurately reported. Your counsel also stated that, since your victim made her complaint to police in 2019, you have had little contact with your children. It is understandable that you miss having a relationship with your children.  It is not understandable that you would have been such an appalling role model to them as to insult and assault their mother in their presence, causing them, to flee from their home to safety in the middle of the night. It is hard to imagine that either of your children will ever forget these things or the fact that they gave evidence against you and were challenged on your behalf about their evidence. 

38The Victim Impact Statement made by your victim has been heavily redacted by agreement between the Prosecution and Defence.[17] Nevertheless, the long term adverse psychological impact of your behaviour is apparent.  Your victim speaks of the hurt and humiliation that you caused her and your children and the ongoing trauma, fear and anxiety that is suffered by them all.  She states:

“The children have witnessed events, acts and abuse that children should never see or hear.  What they have witnessed cannot be erased.  The trial and media reports bought them humiliation while exposing private family abuse in a very public arena.”

She speaks of the ongoing emptiness, sadness and shame that she continues to endure.

[17]Exhibit “B”

39I have made it plain that my role is to sentence you for only those offences of which the jury has found you guilty, albeit that I have indicated that I am satisfied beyond reasonable doubt that they did occur in a wider context of domestic abuse and violence towards your victim.  Unhappily, domestic violence is prevalent in our community. Many people, particularly women, live in their own home in fear of their intimate partner who should be there to care for and protect them. Offending like yours erodes the dignity and confidence of victims who often live in such circumstances of dread that they lack the wherewithal to escape from it or report it to police. Courts have repeatedly emphasised the need to strongly denounce and deter those who commit acts of domestic violence and to impose sentences of appropriate punishment in order to vindicate the dignity of victims. Denunciation and general deterrence are important sentencing principles in these cases.

40On its face, the ferocity of your attack on the car in which your victim and children were present has features of gravity which, in my view, would warrant a term of imprisonment.  The fact that further violence comprising Charges 3 and 4 ensued shows a lack of insight and contrition on your part. Even though the injury to your victim on Charge 3 was minor, the seriousness of your offending lies in its brazen nature, occurring as it did in front of, not only your son, but another adult. This demonstrates an arrogant lack of concern about your behaviour towards your victim being witnessed by others, particularly given that you were trying to control her use of her mobile phone so that she could not call her father for help. One might think that, as a former police officer whose role it was to enforce the law, you showed little respect for it or for the fundamental human rights of your victim and your own children to feel safe in their own home. However, it must be acknowledged that there has been delay, of some 8 and 9 years, since the commission of these offences. As previously stated, the marriage did not end until 2018. Although your victim first went to police in August 2019, she did not complete her statement until February 2020. You were not charged until 20 November 2021, the committal was held in July 2022, and the jury’s verdict was given on 25 August 2023.

41This delay has meant that you have had your fate in relation to the criminal offending hanging over your head for some time. The jury acquitted you of other charges, you have not further offended and have complied with Family Violence Intervention Orders made against you following the end of the marriage. In addition, you have continued to be engaged in employment and have apparently been in a stable relationship with Ms White.

42Although I remain concerned about your prospects of rehabilitation because of your denial of the offending and the fact that apparently you have not sought assistance for either your abuse of alcohol or angry outbursts, after weighing up all relevant factors I cannot be satisfied that the only sentence is that of last resort, imprisonment. I consider that the primary sentencing objectives of denunciation and general deterrence can be achieved by a Community Correction Order in relation to the more serious offending on Charge 2. Hopefully, such an order will also assist in your rehabilitation and, hence, the protection of the community. I have determined that a fine is the appropriate disposition on Charges 3 and 4.

43You have been found suitable for a Community Correction Order, with the assessment report noting that you pose a medium risk of general reoffending.[18]  I am not able to make such an order unless you are prepared to consent to it.  It will involve conditions involving a substantial component of unpaid community work, supervision and you undertaking appropriate treatment or programs to address your offending behaviour. Are you prepared to consent to undertaking a Community Correction Order?

OFFENDER: Yes, I do Your Honour.

[18]Plea Exhibit “C”, Community Correction Order – Assessment Outcome Report by Savannah Divitcos dated 15 September 2023.

44On Charge 2, assault you are convicted and sentenced to undertake a Community Correction Order for a period two years.

45The following terms are attached to the Community Correction Order:

(a)   you must not commit whether in or outside Victoria during the period of the order an offence punishable by imprisonment;

(b)   you must comply with any obligations or requirements prescribed by the regulations;

(c)   you must report to and receive visits from the Secretary during the period of the order;

(d)   you must report to the Community Corrections Centre specified in the order within two clear working days after the order coming into force;

(e)   you must notify the Secretary of any change of address or employment within two clear working days after the change;

(f)    you must not leave Victoria except with the permission, either generally or relation to a particular case, of the Secretary;

(g)   you must comply with any direction given by the Secretary that is necessary for the Secretary to give to ensure that you comply with the order.

46In addition, the following conditions are attached to the Order:

(i)that you perform 300 hours of unpaid community work;

(ii)that you undergo treatment and assessment and rehabilitation in relation to alcohol abuse;

(iii)that you undergo treatment and rehabilitation by way of programs to reduce reoffending, in particular, an Anger Management Course and a Men’s Behavioural Change Program;

(iv)that you be subject to supervision.

47I do not propose to make an order pursuant to s48(c) of the Sentencing Act 1991 to enable hours of treatment to be credited towards the obligation to perform unpaid community work, which is intended to be a punitive part of the order. It will be necessary for you to reside in Victoria until such time as any application for a formal transfer of the order to the jurisdiction of Queensland is approved.

48On Charges 3 and 4, you are convicted and sentenced to an aggregate sentence, to pay a fine of $2000. I will allow a stay of two months on payment of the fine.

49Mr Jackson, you need to be aware that, if you contravene the Community Correction Order, that in itself is a criminal offence punishable by a maximum penalty of three months’ imprisonment. In addition, should you be brought back to court for contravention of the order, it may be set aside, and you may instead be resentenced on Charge 2 to a period of imprisonment.