Director of Public Prosecutions v Jefferson
[2016] VCC 1089
•27 July 2016
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
Case No. CR-16-00837
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| SHANE JEFFERSON |
---
JUDGE: | HER HONOUR JUDGE PULLEN | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 15 July 2016 | |
DATE OF SENTENCE: | 27 July 2016 | |
CASE MAY BE CITED AS: | DPP v Jefferson | |
MEDIUM NEUTRAL CITATION: | [2016] VCC 1089 | |
REASONS FOR SENTENCE
---
Subject:
Catchwords:
Legislation Cited:
Cases Cited:
Sentence:
---
APPEARANCES: | Counsel | Solicitors |
| For the Prosecution | Ms V. Jones | Office of Public Prosecutions |
| For the Accused | Mr R. Galbally | Galbally Rolfe |
HER HONOUR:
1 Shane Jefferson, you have pleaded guilty on Indictment G10499923 to one charge of armed robbery and two charges of threatening to assault an emergency worker while on duty. The maximum penalty applicable for armed robbery is 25 years’ imprisonment and the maximum penalty for threatening to assault an emergency worker while on duty is five years’ imprisonment.
2 You have also agreed to this Court hearing pursuant to s145 Criminal Procedure Act 2009 and have pleaded guilty to four summary charges, charge 1, committing an indictable offence whilst on bail, the maximum penalty being three months’ imprisonment or 30 penalty units. You have also pleaded guilty to charge 3, use dangerous article, the maximum penalty being six months’ imprisonment or 60 penalty units. You have also pleaded guilty to charges 4 and 5, possessing a dangerous article, the maximum penalty being six months’ imprisonment or 60 penalty units.
3 Your crimes arise out of events which took place on 17 February 2016, relevant to charge 1, and on 13 March 2016, relevant to the remaining charges on the Indictment and summary charges.
4 It is not necessary for me to recount in great detail the facts of this matter, as such was opened in detail by the learned prosecutor (Exhibit A). I proceed to sentence you on the basis of the facts, as summarised by the prosecutor and discussed during the course of your plea hearing. It is sufficient for present purposes to simply say the facts in this case, in my opinion, are most serious.
5 I turn to a summary of your offending.
6 You are at sentence 24 years of age and were 23 at the time of your offending.
7 On 16 February 2016, you attended at a Foot Locker store in Dandenong Plaza, and asked for a refund for a pair of shoes you had purchased. The store attendant told you he could not give you the refund and to come back to the store the next day.
8 The following day, 17 February 2016, at approximately 11.30am, you re-entered the store, approached the service counter and produced a receipt and a shoe box containing a pair of shoes to the then store attendant. You again asked for a refund. The employee who had spoken to you the previous day was also working in the store at the time and saw you come to the counter. He recognised you as the person he had spoken to on 16 February.
9 The employee who attended to you on 17 February told you he was not able to provide a refund as the shoes were worn and the store would not be able to resell them. You argued with him for about 10 seconds, before you pulled out a knife from the waistband of your pants.
10 Whilst holding the knife, you said to the employee “You’re messing with the wrong people, just give me my money”. You took two steps around the side of the counter towards the victim before returning to your original position. Your victim told you to relax and said he would give you the money. You then put the knife back into your pants. CCTV footage of this offending was played in Court (Exhibit B).
11 The employee from the previous day, ie: 16 February, assisted his colleague to try to calm you down. You were told by both employees to sit down and relax.
12 The refund was processed and you were asked to sign for the receipt, which had your name and address recorded on it. You signed the receipt and were given $99.95 in cash. You then left the store.
13 The victim of that offence described the knife as being approximately 20 centimetres in length and still in its casing.
14 During this offending, two female customers and a child entered the store and were directed by them to wait at the rear of the store until you had left.
15 Police attended and seized the receipt signed by you and the shoes you had returned.
16 That same day at 3.40pm, police attended your address and arrested you. With your consent, a search of your address was conducted. You directed them to the knife and clothing you had used in the offending.
17 You participated in a record of interview with police and made admissions to your offending. You were remanded in custody and subsequently released on bail on 3 March 2016. Prior to your release on bail on 3 March 2016, you had served 16 days by way of pre-sentence detention.
18 I turn to the remaining charges before me.
19 Ten days after your release from custody, on 13 March 2016, Protective Service Officers (“PSOs”), Victor Naroo and Aklesh Pasuleti, were patrolling Noble Park railway station as part of their duties.
20 At approximately 3.40pm, Officer Pasuleti saw you walk into the waiting room area on Platform 1. Both PSOs approached you. You were wearing a black balaclava and holding a piece of wood approximately one metre in length. (Summary charge 3)
21 Officer Naroo asked you what was wrong and you said “You black cunts, stop killing white people”. Officer Pasuleti asked you what you were doing and you replied “I was just going to jump in front of the train if you cunts were not there”.
22 You approached the PSOs holding the piece of wood above your shoulder as if you were going to swing it at them. You ran towards the officers who retreated, splitting up from each other.
23 You chased Officer Pasuleti, who turned round and told you to stop and calm down. You told him you were going to take his gun off him. Officer Pasuleti took out his OC spray. You started to walk away and were told to stop. You turned around, threatening to swing the piece of wood at Officer Pasuleti by lifting it over your shoulder in an aggressive manner (charge 3 – threaten to assault emergency worker on duty).
24 Officer Pasuleti deployed his OC spray at you, although it did not have any effect. Officer Pasuleti then ran back towards Officer Naroo.
25 You then said to Officer Naroo “Give me your gun or shoot me”. Officer Naroo asked you to calm down and saw you looking for something inside your jacket. You continued to approach the officers and said “Stop targeting white people”. You were still armed with the wood and ran towards Officer Naroo (charge 2 – threaten to assault emergency worker on duty).
26 Officer Naroo sprayed you, which caused you to lower the wood and remove the balaclava. They were then able to restrain you until police arrived.
27 There was CCTV footage played of that offending (Exhibit C).
28 When police searched you, they located a wrench and screwdriver in your possession. (Summary charges 4 and 5)
29 You were taken to Dandenong Police Station, deemed unfit for interview and released on bail.
30 Aggravating features of your offending involving the armed robbery was a level of pre-planning in that you took the knife to the premises. I note, however, there was no disguise used by you.
31 In relation to your offending at the railway station, you were wearing a balaclava and with an element of pre-planning, in that you had the items with you when you were at the station.
32 In relation to both offences, neither involved momentary offending, rather lasted some minutes.
33 In relation to the offending at Foot Locker, the impact of your offending has been quite significant, as is apparent from the victim impact statement before me.
34 You have pleaded guilty to all these charges and you are entitled to have that fact taken into account in your favour, and I do so. The community has, by your plea of guilty, been spared the time and cost of a trial and witnesses have been spared the ordeal of having to give evidence upon your trial. I also take into account in your favour you intimated early your intention to plead guilty to these charges.
35 The prosecution concedes you made full and frank admissions in relation to the offence of armed robbery in your interview with police, and I have also read it. These charges resolved at the committal case conference and the prosecution conceded that, in the circumstances, your plea of guilty was entered at the earliest opportunity and was evidence of remorse.
36 In the circumstances, I am prepared to accept in your case your plea also indicates remorse for your offending. I note your expression of remorse for your victim (Record of Interview, q.152). I remain concerned however that you re-offended on 13 March in the manner you did, which causes me to question the extent of your remorse.
37 The victim of your offending has suffered considerably as a result of it, and I shall return to to pass some remarks on that shortly.
38 I turn to your criminal history. You first appeared in the Dandenong Children’s Court on 17 September 2010 on a charge of dishonestly receiving stolen goods and were, without conviction, released on a good behaviour bond for six months in the amount of $250.
39 You then appeared at Dandenong Magistrates’ Court on 26 November 2013 on charges of reckless conduct endangering serious injury, intentionally damage property and driving offences. Without conviction, the matter was adjourned for nine months.
40 You then appeared at Frankston Magistrates’ Court on 31 January 2014 on a charge of exceeding the prescribed concentration of alcohol and driving without “L” plates displayed. Without conviction, the matter was adjourned for one year and your licence cancelled for six months.
41 Your most recent appearance was at Dandenong Magistrates’ Court on 19 May 2015 where you were dealt with for possessing a prohibited weapon without exemption/approval and for descending from the platform onto the railway track. Without conviction, you were fined an aggregate of $200 on those charges. Your offending is concerning, although I note the penalties imposed.
42 Your counsel, Mr Galbally, prepared a written outline of submissions and addressed them during your plea hearing.
43 Details were provided of your background and history.
44 As I have said you were 23 years of age at the time of the offending and are now 24. You live with your mother, stepfather, sister and brother in Beaconsfield.
45 You were educated to Year 9 at Noble Park Secondary College.
46 Over approximately four years, you have had numerous employment of short duration, punctuated by periods of unemployment. You had been unemployed since a motor vehicle collision in 2012.
47 A number of documents were placed before me during your plea hearing, and discussed by me with Mr Galbally.
48 There was a report prepared by Andrew Harewood of North Dandenong Clinic, dated 5 February 2012, relevant to the motor vehicle collision on 5 February 2012. Reference was made within that report to the injuries you sustained in that collision.
49 Whilst he observed you made good progress with your physical capacity, you suffered severe depression following those injuries.
50 You were after surgery discharged to the Victorian Rehabilitation Centre where treatment commenced on 1 March 2012. You made significant progress in terms of your mobility. At the time of discharge, you were mobile and capable of performing personal activities of daily living, however required some assistance with domestic activities. You were discharged on 27 March 2012.
51 He observed you had continued to have significant issues with depression and agitation following discharge from Rehabilitation. You were tried on various forms of medication for pain and depression.
52 I was provided with an updated report from Dr Harewood dated 14 July 2016, prepared for this plea hearing. He saw you on 10 March 2016. You were referred to Dr Richard Young, who reported to Dr Harewood you had recently been compliant with medication and your psychotic symptoms had resolved.
53 Dr Harewood noted you were referred to Mr Gary Sheppard, Psychologist, after the collision however, you failed to attend your appointment on 6 June 2013. You were then referred to Mr Patrick Chan, Neurosurgeon, on 29 January 2014, although again did not attend. You were re-scheduled for psychological therapy with Mr Sheppard on 11 June 2014. Dr Harewood thought you failed to attend that appointment.
54 You were also referred to Dr Young on 26 February 2015, having expressed suicidal ideation and worsening mental health prior to that referral.
55 Your diagnosis as at 5 February 2012 was of chronic pain, chronic depression and anxiety.
56 It was recommended at that time you commence anti-depressant medication and attend for psychological therapy to address your pain and depression. It was also recommended you attend a spinal surgeon, Mr Chan, for review of your post-operative condition and to consider other options to improve your quality of life.
57 In 2012, it was thought that you may have been capable of working, however, there would be limitations due to your injuries. At the time of that report, your treatment consisted of medication for relief of anxiety, muscle spasm and pain relief.
58 It was noted you had not engaged with any significant treatment, and that your prognosis remained poor due to your disengagement and lack of motivation to seek treatment. It was unlikely you would be able to return to the workforce.
59 There was also a report from Lindsay Vowels, Psychologist, dated 22 February 2014, which I have read.
60 There was also a report from Dr Nathan Serry, Consultant Psychiatrist, dated 16 February 2015, prepared for, it would appear, your motor collision claim. It was noted in 2015 you continued to suffer with “persistent and troublesome levels of pain”, with difficulty sitting, standing, walking and lifting.
61 Regarding your mood since the collision, you described you felt down almost all the time and did not really have good days, although had good times when in the company of loved ones. You said your motivation fluctuated when your interests were maintained but were not pursued because of your pain and physical restrictions.
62 Further details were provided in that report regarding your family background and history, including your parents’ separation when you were about 11 or 12 years of age. You described that, despite having achieved Year 9, you struggled academically because of behavioural issues. You had a reasonable work history involving mechanical and labouring jobs, and had never experienced any major work difficulties. At the time of that report, you had been with your then girlfriend for two years.
63 You denied any past medical history and could not recall having seen a mental health professional prior to the collision. You acknowledged using cannabis and meth amphetamine prior to the collision, but said you had not used it since. I note, however, the recent report of Dr Young referrable to your cannabis use.
64 You described, prior to the collision, having been charged with conduct endangering life. I discussed this with Mr Galbally, who was relying upon all the principles in R v Verdins & Ors[1] when sentencing you, specifically that prior to the collision you were involved in criminal behaviour, not directly relevant to your collision. On that occasion, you drove a car into a wall, attempting to hurt someone with whom you were engaged in a conflict. I discussed with Mr Galbally that offending was arguably similar in that it involved aggressive behaviour and your aggressive behaviour before me, in particular in relation to the PSOs.
[1] (2007) 16 VR 269
65 In his report of 2015, Dr Serry noted that you did not have any psychotic features, with no suggestion of any perceptual disturbance in terms of hallucinations. Cognitive assessment revealed you to be alert and orientated. Your insight appeared to be well maintained.
66 I discussed with Mr Galbally a lack of any ‘formal’ pre-existing psychiatric illness prior to the collision, although there were pre-existing substance abuse issues relevant to alcohol, cannabis and the methamphetamines. In that regard I note regarding your offending before me your self-report to Dr Young in a 2016 interview that you had been under the influence of a ‘very high level of cannabis’ when you offended relevant to charge 1.
67 I discussed with Mr Galbally my concerns that your extensive drug use predated the collision in 2012 and was also specifically relevant to your offending in charge 1, and the difficulty I had in the applicability of principles 1-4 in Verdins to your recent offending.
68 In the opinion of Dr Serry, at that stage your diagnosis was of major depression and anxious features, including some features of traumatisation. Since the collision, you have remained physically symptomatic.
69 From a psychiatric viewpoint, Dr Serry said you struggled with “if anything more significant levels of depression, ongoing anxiety and marked frustration”.
70 You had some initial mental health input, but had no further psychiatric or psychological treatment. You could not tolerate antidepressants.
71 While Dr Serry noted your depression had increased since his earlier assessment, there had not been any specific increase in the direct or non-secondary psychiatric impairment between the two assessments. Regarding your depression, he recommended a return to appropriate mental health treatment with antidepressant medication. In his opinion, however, even with such treatment, there would not be a reduction in your direct or non-secondary psychiatric impairment.
72 I turn to the recent report from Dr Young, Consultant Psychologist, dated 5 June 2016. You were referred to him for psychological assessment and treatment by Dr Harewood on 26 February 2015. He met with you on 3 March 2015 for assessment and had been treating you since. In his opinion, you suffered chronic pain and associated disability, major depressive disorder with associated suicidal ideation and substance use disorder.
73 Your current circumstances were updated. At the time of this assessment, you had been in a two year de facto relationship with your girlfriend although that had now ceased. Dr Young was aware Dr Harewood had prescribed anti-psychotic medication, Abilify, on approximately 8 March 2016.
74 When Dr Young saw you on 18 March 2016, you were more stable, and had generally been very compliant with the treatment, having kept all appointments and engaging respectfully.
75 In Dr Young’s opinion, following the ending of your relationship, you became very upset and used a ‘very large’ amount of cannabis to cope. He suggested you became delusional due to the ‘very high levels’ of that substance and likely suffered drug-induced psychosis. From your self-report, he concluded you were under the influence of a ‘very high level’ of cannabis, and in that context he suggested, you had apparent associated delusional thinking. Since then, you have been taking Abilify and your cannabis levels were reportedly very low. I interpret that to mean you are still using cannabis, consistent with his statement “I therefore feel his reports of cannabis reduction are also credible”.
76 I heard evidence during the course of your plea hearing from your mother, who confirmed your motorcycle collision and the treatment that you required as a result. She confirmed your relationship with your girlfriend ended at approximately New Year’s Eve in 2016. You then moved to your brother’s home for a short time before returning to the property, and living there alone. Her evidence was that at that time you were consuming cannabis. She gave evidence when she visited you the day before the Foot Locker armed robbery you were not making a lot of sense, which she conceded could have been as a result of your cannabis use.
77 She also referred to you in January, February and March 2016 not only consuming cannabis but also drinking alcohol to excess.
78 Referring to the 16 days you spent in custody by way of pre-sentence detention, your mother referred to potential problems for you in custody, as you often “missed the cues”. She thought you might also be picked on also because of your physical appearance. When you were in custody for 16 days you were not given access to your prescribed medication, Abilify.
79 It also appeared however, somewhat concerningly, that following being bailed you were prescribed Abilify, however you did not take it until after the incident at the train station. It is concerning to me that you did not consider you needed to take medication, despite your offending behaviour at Foot Locker not long before that.
80 Your mother said that when you take Abilify you were less aggressive, more polite and co-operative. You had not been in any more trouble with police since you commenced on Abilify and you apparently recognised the need to comply with the taking of that medication. I certainly hope you do.
81 Turning to your rehabilitation prospects, I have some concerns as it would appear your offending relevant to charge 1 occurred against a background of very high level of cannabis use by you, and you apparently continue to use cannabis, albeit in smaller quantities. Quite simply, cannabis use and medication do not ‘mix’, and cannabis alone (without medication) can also adversely impact upon mental health.
82 The best way to ensure your favourable prospects of rehabilitation is to avoid cannabis and all illicit substances, avoid excessive alcohol consumption and take prescribed medication.
83 Further, I note in your history you have been reluctant until recently to take prescribed medication and accept appropriate counselling/treatment. Your positive compliance with both will obviously improve your rehabilitation prospects.
84 I discussed at some length with Mr Galbally his reliance on principles 1-4 in Verdins in mitigation of your sentence and the transcript will reveal that discussion.
85 The prosecutor, Ms Clancy, submitted in both her written and oral submissions on sentence that none of the reports relied upon by Mr Galbally enlivened any of the principles in Verdins. In particular, Ms Clancy referred to the lack of ‘link/nexus’ between the contents of the reports and your offending before me and likely impact upon you in the future of your mental health and physical injuries following the collision in 2012.
86 Regarding the diagnosis that you had a major depressive disorder, she submitted that it was unclear from Dr Young’s report as to whether you were compliant with your medication at the time leading up to the armed robbery, and therefore it was difficult to ascertain how that condition affected you at the time of the offences. Also, Ms Clancy noted that none of the reports addressed your mental impairment and functioning at the time of the threatened assaults on the two Protective Service Officers, and further there was no specific evidence from an expert before the court that would enable any reduction in your moral culpability or the need for specific and general deterrence.
87 I discussed with both counsel their submissions regarding Verdins, and also referred to Binse v The Queen[2] and DPP v O’Neill[3], and the transcript will reveal that discussion. I also discussed with Mr Galbally the difficulty I had with the broad description by Dr Serry, in his February 2015 report, that he previously thought you had a chronic adjustment disorder, as that was not further defined. I also note at the time of his report, he was more inclined to consider the current diagnosis to be one of major depression with anxious features, featuring some features of traumatisation.
[2] [2016] VSCA 145
[3] [2015] VSCA 325
88 I also again note your self-report to Dr Young regarding your excessive cannabis use prior to the armed robbery.
89 In my opinion, following a rigorous examination of the material, principles 1, 2, 3 and 4 in Verdins are not enlivened.
90 None of the diagnoses have been ‘linked’ to your offending behaviour, rather was referable (charge 1) to your high level of cannabis use and impact of that upon your mental health. There was also aggressive behaviour offending committed by you prior to the collision, consistent with the ‘type’ of offending before me again involving aggression (albeit of a different kind). There is a lack of nexus or link between the sequelae of the collision and this offending. Prior to the collision, you were a drug user and, after the collision, you remained a drug user.
91 When assessing principles 5 and 6 in Verdins there is some support, albeit not specifically addressed in the reports. It is clear, however, you have a depressive disorder and physical limitations which, I accept, would make your time in custody more difficult for you than a more able prisoner. Even if not a Verdins principles 5 or 6 situation, these matters can be taken into account as part of general sentencing principles in mitigation of sentence, and I have done so.
92 There is a victim impact statement before me prepared by Brendan Cabral (charge 1). Your offending had impacted adversely upon him in numerous ways. He had been offered a promotion with the company, however was concerned about moving to an area where there was, as he understood it, high levels of violence and crime. He was very uncomfortable and cautious when customers were in the store. He felt unable to deal with customers when on his own. Immediately after your offending, he became sick in the stomach and could not eat healthy portions for a significant period of time. He was also not acting his ‘normal self’ for weeks.
93 He said he was quiet, did not socialise much and kept to himself. He always had to have someone walk with him to and from his car as he did not feel comfortable doing that on his own. He needed to take a couple of days off work as he did not feel safe going back into the Plaza, and as a result, he missed out on night shift pay and used up sick leave.
94 Your offending also put pressure on his relationship with his partner.
95 He was also unable to complete a personal training course as he had to skip two to three weeks because he was not in the ‘right mindset’. He did not have time to redo the classes and lost a significant amount of money he had spent on fees.
96 The effect upon a victim is a relevant sentencing consideration (see s5 Sentencing Act 1991). I am conscious, however, I must not allow the effects upon a victim to swamp the sentencing process.
97 Your counsel urged that a Community Corrections Order would be appropriate in your case for this offending. Such an order having both a punitive and rehabilitative effect. This disposition would also, he submitted, address the need to protect the community from you.
98 Mr Galbally urged that you had demonstrated compliance with undertakings in the past and with special conditions of bail imposed since 3 March 2016. You were currently assisted by a psychologist and general practitioner, were on medication and living at the family home.
99 He urged both the incidents of offending before me fell to the lower end of the scale of seriousness. You had already spent 16 days in custody for the armed robbery, and not been charged with any other offending since the railway station. You had also made admissions to police regarding the armed robbery, entered your plea of guilty early, and had demonstrated remorse for your offending.
100 The prosecution conceded at age 24 (at sentence) you were a youthful offender. That you had a limited criminal history and involving non-conviction dispositions. Your chronic pain would make custody more onerous for you.
101 Ms Clancy, on behalf of the prosecution, conceded that the offence of armed robbery before me fell to the lower end of the range of seriousness. I agree.
102 The prosecution also conceded that there was an early plea of guilty by you to these charges, and I accept that, and the prosecution also accepted you are remorseful for your offending, and I accept that.
103 Ms Clancy submitted a community correction order would be within the range of appropriate dispositions for all this offending.
104 I discussed with Mr Galbally that in my opinion there would need to be a community work component and that I would expect, subject to hearing to the contrary, that appropriate work, given your physical disabilities and mental health issues, could be arranged for you Corrections and I heard evidence from Mr Temple-Camp in that regard, and I am confident something can be found for you to do.
105 As well as matters personal to you, including your prospects of rehabilitation as I find them to be, I must also take into account general deterrence when sentencing, which is very important in cases such as this, in particular offences of armed robbery involving ‘soft targets’, to which the courts have often referred.
106 There is also, in my opinion, the need for specific deterrence when sentencing you, given your prior and relevant criminal history, in particular that involving aggressive ‘type’ behaviour.
107 I must also consider the need to protect the members of the community from you and bear in mind the likelihood of your re-offending. This continues to concern me, in particular, if you continue to use cannabis, with or without prescribed medication.
108 I am called upon by the Sentencing Act to manifest the community’s denunciation of your conduct and generally to impose a just punishment.
109 I arranged to have you assessed for your suitability or otherwise for a Community Correction Order and I received that report from Mr Temple-Camp. He assessed you as suitable for such an order. You presented as willing and able to comply with a community correction order.
110 Having discussed the proposed conditions with you (as I discussed with counsel prior to your assessment), you are recommended for community work. It was not anticipated, that despite your spinal injury, you would be prevented from completing appropriate unpaid work. I expect you to undertake such work.
111 You reported to Mr Temple-Camp cannabis and valium use ‘once every few weeks’. A drug treatment condition was recommended. I agree.
112 You reported reduced alcohol consumption since your offending. An alcohol treatment condition was recommended. I agree.
113 Given the psychiatric report presently before the Court, your treatment would be monitored, however an additional medical condition was not recommended. I agree.
114 It was recommended you participate in offence-related programs. I agree.
115 Judicial monitoring was explained to you by Mr Temple-Camp and you were amenable to that condition. This will form part of the order.
116 Further, pursuant to s48(1), I direct I be advised of any unacceptable absences from or unacceptable compliance with any conditions by you, and further, of any inability by you to complete community work. A doctor, as I said, will need to be called in regard to the latter.
117 I propose, on charges 1-3 on the Indictment and Summary charges 1, 3, 4 and 5, to record a conviction and place you on a Community Correction Order for a period of 4 years from today's date, being 27 July 2016.
118 Before I ask whether you consent to such an order being made, I have to tell you about the order, so you know what it entails.
119 The Core conditions apply to all Community Corrections Orders:
·You must not commit, whether in or outside Victoria, during the period of the order, an offence punishable by imprisonment.
·You must report to and receive visits from the Secretary to the Department of Justice, or his or her nominee, during the period of the Order, 4 years.
·You must report to the Community Corrections Centre at Dandenong, 46-50 Walker Street, Dandenong within 2 clear working days of the making of this order, that is by 4 pm, 29 July 2016. If you turn up late, you have potentially breached my order.
·You must notify the Secretary, or his or her nominee, of any change of address or employment within 2 clear working days after that change.
·You must not leave Victoria except with the permission of the Secretary to the Department of Justice, or his or her nominee.
·You must comply with any direction given by the Secretary that is necessary for the Secretary to give to ensure you comply with the Order.
120 There are a number of other conditions attached to this Order, and they apply to you:
· You have to perform 200 hours of unpaid community work over a period of the first 18 months of the order as directed by the Regional Manager (s48C).
· You must be under the supervision of a Community Corrections Officer for a period of 4 years.
·You are required to be supervised, monitored and managed as directed by the Secretary, or his or her nominee (s.48E).
· You must undergo assessment and treatment (including testing) for drug abuse or dependency as directed by the Regional Manager (s48D(3)(a)).
· You must undergo assessment and treatment (including testing) for alcohol abuse or dependency as directed by the Regional Manager.
· You must undergo mental health assessment and treatment including (but not limited to) mental health, psychological, neuropsychological and psychiatric treatment in a hospital or residential facility as directed by the Regional Manager (s48D(3)(e)). (Note I have not referred to a ‘medical’ condition, consistent with Mr Temple-Camp’s recommendation).
· You must undergo programs or courses aimed at addressing factors relating to the offending as directed by the Regional Manager, (s48D(3)(f)).
· You must attend for review of your progress and compliance or otherwise with conditions of the Order and you have got to come back before me on 27 July 2017 at 9.30am (s48K).
· I direct that I be advised by your Corrections Officer of any non-compliance of these conditions (s48(1)) and also if you are unable to do the community work, and for the latter I will need medical evidence. I will then determine if the matter should be brought back before me.
121 I can only impose a Community Correction order if you agree to such an Order being imposed. So I need to tell you even more about the order.
122 I should advise you that if you contravene or breach that order by committing further offences you can be charged and a sentence of imprisonment is one of the options that can be imposed for that breach (s.83A(d)).
123 You can also be re-sentenced for the offences that are before me. One of the options available includes a term of imprisonment (s.83A(s)).
124 So you have got to be extra careful for the next 4 years. No committing any further offences that might incur a term of imprisonment, otherwise you are back before the Court and you will be re-sentenced on the charges that are before me. So you have to be extra careful.
125 I also advise you that if you fail to comply with any direction of the Secretary to the Department of Justice, that is a Community Corrections officer, worker if you like, as part of this order, a substantial fine can be imposed (s.83A(e) and A(f)).
126 Now you are aware of all of that? Do you consent to the Order being made in those terms including all conditions to which I have referred. Nice loud voice.
127 OFFENDER: Yes.
128 HER HONOUR: All right, is that recorded. Did that come through? Yes, excellent, all right.
129 I repeat then, on the three charges on the Indictment and four summary charges you are convicted and placed on a Community Correction Order for 4 years from today’s date, with all the conditions to which I have just referred being applicable to you.
130 Pursuant to s.6AAA Sentencing Act 1991, had you been found guilty of these charges following jury verdict I would not have imposed a community correction order, rather I would have sentenced you to a term of imprisonment of 4 years’ and 6 months and set a non-parole period of 3 years.
131 Should I need to revisit this sentence in the future and re-sentence you, which of course I hope I do not, I declare pursuant to s.(18)(4) Sentencing Act 1991, you have spent 16 days in custody by way of pre-sentence detention and I direct that be entered into the records of the Court.
132 The prosecution made application for forensic sample pursuant to s464ZF Crimes Act 1958. That was consented to by counsel on your behalf, and I make the order in the terms sought. I make the order on the basis of the seriousness of this offending and your prior offending history. It will be for a saliva sample and I must advise you the authorities may use reasonable force in order to obtain that sample.
133 The prosecution also made application for a Compensation Order, and this was consented to by counsel on your behalf. I make the order in the terms sought.
134 The prosecution also made application for a Forfeiture Order, and this was consented to by counsel on your behalf. I make the order in the terms sought.
135 Any other orders?
136 MS JONES: No, Your Honour.
137 HER HONOUR: All the paperwork done? I will have to sign these and then we are ready to go. So Ms Jackson's going to come down the back there now and have you sign the Corrections Order. All right, all signed?
138 MR GALBALLY: Yes.
139 HER HONOUR: All right, Mr Jefferson, stay seated. I will see you in a year's time, 27 July. That day could be a very quick hearing if all is going well, it will be five minute, 10 minute maximum. If you are not doing well on this order, if you are not complying it will be a much longer hearing and you might need to bring someone along to represent you. I seriously recommend that. If I have to see you between now and that date, then there is real trouble, and I suggest you bring legal representation because what that will mean is you have not been complying with the order.
140 OFFENDER: Yes.
141 HER HONOUR: Yes, all right I think that is clear enough. Anything you weren't sure about?
142 OFFENDER: No.
143 HER HONOUR: No, excellent. All right, thanks very much. I am sorry about that delay at the start. All right, thanks, you are excused.
144 MR GALBALLY: Thank Your Honour.
145 HER HONOUR: Yes, all right, Mr Jefferson, off you go.
- - - - - -
0
2
0