Director of Public Prosecutions v Johnson
[2022] VCC 2317
•15 December 2022
| IN THE COUNTY COURT OF VICTORIA AT Melbourne CRIMINAL DIVISION | Revised (Not) Restricted Suitable for Publication |
CR-22-00149
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| CECILIA JOHNSON |
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JUDGE: | HER HONOUR JUDGE GWYNN | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 15 December 2022 | |
DATE OF SENTENCE: | 15 December 2022 | |
CASE MAY BE CITED AS: | DPP v Johnson | |
MEDIUM NEUTRAL CITATION: | [2022] VCC 2317 | |
REASONS FOR SENTENCE
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Subject:Criminal Law
Catchwords: Persistent Breach of Family Violence Intervention Order; Aggravated Burglary; Criminal Damage; Possess Cannabis; Unlawful assault with weapon; Trespass
Legislation Cited: Sentencing Act 1991;
Cases Cited:Worboyes v The Queen; Akoka v DPP
Sentence: Convicted and Sentenced to 135 days of imprisonment reckoned as served; Community Corrections order for 2 years; Placed on Justice Plan for 2 years; Disposal Order made in relation to Charge 2; Convicted and Discharged in relation to Charge 4
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APPEARANCES: | Counsel | Solicitors |
| For the Director of Public Prosecutions | Ms N. Burnett | Office of Public Prosecutions |
| For the Accused | Ms J. Prior | Law and Advocacy Centre for Women |
HER HONOUR:
1Cecilia Johnson, you have pleaded guilty on indictment to single charges of persistent breach of a family violence intervention order, aggravated burglary, criminal damage and possess cannabis. You have also pleaded guilty to related summary offences of unlawful assault with a weapon and one charge of trespass.
2In sentencing you for these crimes I have had regard to the maximum penalties for the offences you have committed. Those maximum penalties are as follows.
· Persistent breach of family violence intervention order, 5 years;
· Aggravated burglary, 25 years;
· Criminal damage, 10 years;
· Possess cannabis - in your particular case not more than 5 penalty units;
· Assault with a weapon, 3 months; and
· Trespass, 6 months.
3Those maximum penalties reflect the seriousness with which Parliament regards these offences.
Summary of Offending
4The circumstances of your offending were set out in a document entitled, 'Summary of Prosecution Opening For Plea’ dated 17 August 2022. It is an agreed document and represents your acceptance of the elements of the offences to which you have pleaded guilty as well as the factual basis on which I am to sentence.
5
I am not going to repeat the entire summary as it is a matter of record, but in brief terms the offending that gives rise to these charges occurred over the evening of 29 August 2021 to the morning of 30 August 2021, at which time you were
23 years of age.
6The victim of your offending was Kiara McDermott,[1] she was your former domestic partner. Your relationship spanned about two months and you had lived with her in the Swan Hill area from July of 2021, to early August of 2021, when the relationship then broke down.
[1] Pseudonym
7
The Mildura Magistrates' Court granted a full interim intervention order on
12 August 2021. Ms McDermott was the protected person and you were the respondent. Amongst other conditions, the order prohibited you from having any contact with Ms McDermott and to going to any place where she lived. As you had been residing with Ms McDermott, the order rendered you homeless.
8On 25 August 2021, between 8.30 pm and 9 pm, you attended Ms McDermott's house and asked to stay for a few days until you got paid. She agreed. At around 10.30 pm on 29 August 2021, Ms McDermott asked you to leave, but you refused. She continued to ask you to leave throughout the evening and you continually refused.
9
Around 11.30 pm, Ms McDermott left the address and went to the house of
a neighbour, asking to borrow his phone. The neighbour noticed that
Ms McDermott appeared scared. Ms McDermott used his phone to call police, when she returned home, you were no longer there.
10Around 11.48 pm, police attended Ms McDermott's address and took a statement from her. After the police left, Ms McDermott locked her doors and windows to ensure that you could not get back inside.
11Minutes later there was a knock at the door and she heard you yelling, 'Fucking open the door or I'll smash the window.' Ms McDermott yelled that she was calling the police and she phoned Triple 0. Whilst on the phone she heard glass breaking near the back door, she screamed and yelled to the Triple 0 operator, 'She's back smashing my window, she's coming through my window, she's in my house, she's in my house.' Those facts form the basis for Charge 2, aggravated burglary.
12
Having entered the house you walked towards Ms McDermott armed with a metal pole. That pole was about a metre long and had been taken from a dis-assembled trampoline in the front yard. You demanded Ms McDermott ‘get off the phone’ or you would hit her in the head with the pole. You then ripped her phone from her hand causing it to break and used the pole to hit the Wi-Fi box cutting the connection. The damage to the phone and Wi-Fi box forms the basis for
Charge 3, criminal damage.
13
Ms McDermott got off the couch and took a cushion from a nearby bed, cowering on the floor in fear, she used the cushion to protect herself and begged, 'Please don't hit me Cecilia, you're scaring me, just go.' You demanded that Ms McDermott get up and move to the bedroom, saying, 'Be quiet and get in here. The cops will be here and I'll knock you in the head if you don't, I just want to go to bed.'
Ms McDermott started walking to the bedroom.
14As you moved towards the hallway you walked closely behind Ms McDermott, pushing her towards the bedroom. You kept telling her to be quiet and to stop crying as the police would hear. Ms McDermott turned towards you to try and get past you and leave but you punched her to the face.
15
Ms McDermott entered the bedroom and sat on the bed right next to the wall, as far away from you as she could get. You stood in front of her yelling and abusing her saying it was all her fault because she had called the police. You then began swinging the pole around the bedroom and you swang it within a hand width of
Ms McDermott's face. You threatened her by say, 'If you don't shut up now, I'll hit you in the head with it, so they don't hear you.'
16The television was smashed and you sat on the bed beside Ms McDermott placing the pole out of her reach. You grabbed a pair of scissors from the bedside table and began chopping up marijuana forming the basis for Charge 4, possess cannabis. You then pointed the scissors directly at Ms McDermott's face, holding them about a foot away from her and you said, 'Shut up, be quiet or I'll stab you and knock you in the head.' Ms McDermott was terrified she would be stabbed or assaulted. It is these facts that form the basis for Summary Charge 6, assault with a weapon.
17
Around this time police arrived and found the front door locked. They were able to hear you and Ms McDermott through the bedroom window which had been jammed shut with a broom. You were heard to say, 'Shh, be quiet' and
Ms McDermott was heard whimpering and to repeatedly say, 'Please no, please no.'
18You started pacing around the bedroom, still with the scissors in your hand trying to listen for the police. The metal pole was still on the bed. When you moved away from the doorway, Ms McDermott took her opportunity and ran for the front door. You gave chase before retreating towards the back door. Ms McDermott ran to the waiting police officers yelling that you were still inside, however by that time you had fled out the back and could not be located.
19On 30 August 2021, around 9.50 am, police attended Ms McDermott's house. The house was locked and had not been left that way, causing Ms McDermott to suspect that you were inside. Police found you hiding under a bed in the room at the rear of the house- forming the basis for the related summary charge of trespass and also part of the persistent breach of family violence intervention order charge. I note that charge, persistent breach of family intervention order, occurs over a five day period. You were arrested and taken to the police station for interview.
Offence Gravity and Victim Impact
20In terms of offence gravity and victim impact, this is obviously serious offending. It has occurred in the context of family violence where the Court of Appeal has made clear that general deterrence is a paramount sentencing objective. The breach offence occurred over an extended period and shows a disrespect for court orders and Ms McDermott's wish to protect herself from you.
21Ms McDermott had offered you a place to stay in circumstances where you were rendered homeless, the same circumstances arising because of her need to protect herself from you. You refused her request for you to leave and reattended in breach of court orders the subject of separate charge.
22The events of 30 August 2021 were somewhat protracted and particularly frightening - if not harrowing- and occurred in Ms McDermott's own home, an environment in which she was entitled to feel safe. She was clearly terrified. Your presence was menacing and intimidatory. You again returned to the premises despite those events.
23A victim impact statement authored by Kiara McDermott dated 20 January 2022 was tendered by the prosecution on the plea hearing. The purpose of a victim impact statement is to give those affected by your crime the opportunity to participate in the criminal justice process by informing the court about the effects of the crime upon them. I have had regard to the full document.
24Ms McDermott reports that her life has changed dramatically as a result of your offending. She describes feeling fear and anxiety and no longer feeling safe. She struggles to trust people and lives a guarded and isolated life.
Plea of guilty
25In terms of your plea of guilty, the Sentencing Act obliges me to take into account the stage at which you entered your plea. This matter was listed for sentence indication on 17 August 2022, but you resolved to plead guilty on that day. There is clear value in saving the victim the need to give evidence and utilitarian value in saving the community the time and expense of contested proceedings.
26
Your decision to plead guilty in the context of the COVID-19 pandemic has additional utilitarian value as it does provide certainty and finality to all parties in circumstances where the courts operations have been significantly disrupted and trial dates remain unfixed. I have had regard to the recent decision of
Worboyes v The Queen.
27It is less clear that your plea of guilty is indicative of remorse, but you have taken responsibility for your actions. These factors will all be taken into account your favour.
Personal Circumstances
28Turning now to your personal circumstances.
29Your personal circumstances were outlined to me in the defence submissions, the report of clinical neuropsychologist Dr Matt Treeby and the psychological assessment of consulting psychologist, Mr Warren Simmons.
30You are now 25 years of age having been born in November 1997. You were born in Broken Hill but raised in a remote rural town of Wilcannia in New South Wales. You have one full sibling and four half siblings. You were taken into care when you were two weeks old. Your biological mother was 14 when she was pregnant with you and had difficulties with substance abuse and had been involved in the criminal justice system.
31It was reported that your mother drank alcohol heavily and engaged in volatile substance use, namely petrol sniffing, which may have compromised your brain development in utero. You had limited contact with your biological mother during your formative years but were never close. She unfortunately died when she was aged 38 due to heart disease and diabetes.
32Your biological father was not involved in your upbringing and has his own forensic history. You described him as a violent man with a history of domestic violence. He was often incarcerated.
33You were raised by your adoptive parents, Ms Vicki-Anne Johnson, your maternal aunt, and Mr Georgy Bugmy, your father's cousin. You told Mr Simmonds that you had a good childhood and were very close to your adoptive parents. You had a positive relationship with your adoptive mother, however she died at the age of 53 years due to emphysema. You continue to have a positive relationship with your adoptive father.
34Growing up you did have regular contact with your biological extended family. When you were one week old your maternal grandmother was murdered and your grandfather died of a heart attack when you were aged 7. When you were 14 you had an uncle who was also murdered. Your paternal uncles were often in and out of prison but you had contact with your father's family.
35From an early age you experienced learning difficulties and you were never successful with obtaining basic literacy or numeracy. These difficulties were never appropriately assessed during your primary school, although you were diagnosed with dyslexia in Year 7 and provided with an aid.
36You told Dr Treeby that you did not enjoy school as you could not read or write. I accept that that would have been a very difficult circumstance. You would get frustrated and throw chairs. You were also reportedly subject to some bullying and suspended from school on two occasions for fighting. You had began truanting by the age of 14 years and left school at the end of Year 9.
37When you were aged 14 years, your adoptive parents separated. You struggled to cope with the change and began to self-medicate with substances around this time. You sniffed petrol daily between the ages of 13 and 16. You commenced smoking cannabis heavily around the time when you left school and then started using opioids and methamphetamine.
38By the time you were 17, you told Dr Treeby that you got into ice ‘real bad’ and would stay awake for weeks at a time.
39In terms of employment, you enrolled in a TAFE job skills program for about a year when you were 15 but reported that it did not “work out”. You have never had formal employment and are currently in receipt of Jobseeker Payment.
40You have frequently moved since you were 16, including to Geelong and Adelaide. You are single and do not have any children. You have had relationships over the years but they have often been in a drug-related context and perhaps not particularly healthy.
41In 2019, both your biological mother and adoptive mother died. You were impacted by their deaths understandably and your drug use further increased. You were apparently using drugs at the time of your offending, a circumstance which, in itself, offers you no excuse.
Expert reports
42In terms of your cognitive and psychological functioning, you have a history of compromised mental health and were first diagnosed with depression in 2015. You have experimented with periods of suicidal ideation in the past. There is no history of psychiatric admissions.
43A report authored by Warren Simmons, Psychologist, dated 24 November 2021 found that you were at the lower end of average intellectual range and may very well be borderline or disabled. He was concerned that your upbringing may have resulted in you suffering from foetal alcohol syndrome. He suggested you would benefit from a full neuropsychological assessment to determine your intellectual ability and levels of cognitive impairment.
44You were assessed by Dr Matt Treeby, Neuropsychologist, and an assessment report dated 9 February 2022 has been tendered on your behalf. I have had recourse to its contents which are not the subject of challenge. Dr Treeby opined that you meet the diagnostic criteria for cannabis disorder, opioid use disorder, and stimulant-related disorder, amphetamine type. You also have severe language disorder and specific learning disorder in reading and your language skills are severely impaired. You have a mild intellectual disability as well as extremely low cognitive function which affects your comprehension and decision making.
45Dr Treeby reported that you are likely to encounter significant difficulties when required to negotiate, resolve conflict and communicate effectively with others. He further stated that you may resort to some optimal or problematic problem saving strategies in the moment and without deliberation, particularly, when you feel threatened, vulnerable or if you are coping poorly.
46
You struggle to hold and manipulate information to engage in consequential thinking and your ability to make reasoned and appropriate judgements in some situations can be considered doubtful. During times in which you are
substance-affected your ability to control your emotions and behaviour would be even more impaired.
47Your recognised disability and associated deficits were obviously in place at the time of your offending. I am satisfied that Dr Treeby's opinion in relation to your disability and how it presents provides a basis to reduce your moral culpability for your offending. In addition, I am of a view that both general and specific deterrence should be moderated.
Criminal History
48
Your prior criminal history does form part of your personal circumstances. On
3 April 2014 you appeared at the Geelong Children's Court in relation to driving offences for which you received a six month good behaviour bond, without conviction, with a condition to pay $100.
49On 18 June 2015, you again appeared before the Geelong Children's Court for further driving offences, namely refusing to undergo a breath test and driving whilst disqualified. You were placed on probation for three months without a conviction being recorded.
50On 17 December 2015, you appeared before the Geelong Children's Court for a charge of drive whilst disqualified, for which you were convicted and discharged.
51In addition to your Victoria criminal history, you also have a criminal history in New South Wales which comprises mainly of driving offences and some assault charges for which you have received a range of fines, Corrections Orders and bonds - presumedly reflective of the seriousness of that offending.
52Whilst not to be punished for your criminal history a second time it is relevant to the assessment that needs to be undertaken by me as the weight that should attach to specific deterrence, denunciation and protection of the community, all of which still do carry some importance in your sentencing exercise.
53It is also relevant to the assessment as to your prospects for rehabilitation to which I now turn.
Prospects for Rehabilitation
54
As a consequence for your offending, you were remanded into custody on
30 August 2021. You have spent 135 days in custody directly referrable to this offending. This was your first time in custody and is capable of acting as a degree of sanction and as a deterrent into the future. This is perhaps reinforced by the fact that there has been no further offending and you have no charges pending.
55I note that this period on remand was during the Corrections response to the COVID-19 pandemic where I accept, in general terms, there was less access to freedom of movement, less access to rehabilitative and educational programs and less access to personal visits. Prisoners were subjected to periods of lockdown and were required to quarantine on reception. I accept that this does make the prison experience more burdensome than it would otherwise be.
56You are still relatively young, bearing in mind you were 23 years of age at the time of your offending. Your relative youth allows for some primacy in the consideration of rehabilitation in the sentencing exercise.
57Unfortunately, your now identified disability is permanent in nature which elevates consideration of protection of the community in the sentencing exercise. Dr Treeby opined that you would benefit from tailored supports to minimise the chances of recidivism and to optimise your functioning within the community. You require lifelong support with more complex activities of daily living and he recommended engagement with the National Disability Insurance Scheme, so that you can access ongoing case management.
58You were released on bail on 13 January 2022 and spent approximately eight months in a closed rehabilitation facility Bunjilwarra Koori Youth Alcohol and Drug Healing Service. It is a purpose built 12 bed residential rehabilitation and healing service for Aboriginal young people and admission is voluntary.
59A letter from the program dated 13 July 2022, authored by Kylie Weis, confirms that you actively participated in the program. It also confirms that you were making significant efforts to improve your life and that you were committed to becoming a better version of yourself. Reliance is placed on your time in rehabilitation to the decision of the Akoka v DPP [2017] VSCA 214 in the submission that time spent in specialist residential drug rehabilitation can be taken into account in sentence as a form of punishment undertaken in advance of sentence.
60I do take into account that residency in a general sense in limits on your freedom, but more importantly as an effort made by you to address your future risk and to rehabilitate. It is obviously in the community's interests that offenders, particularly young offenders with drug problems, seek such assistance and that this is properly taken into account by the courts.
61Upon release from your drug treatment around August of this year, you worked with The Victorian Aboriginal Health Service Co-operative. A letter authored by Katie Miller confirms that you have engaged with her, increasing your sense of wellbeing, cultural connections, self-awareness of substance use and how this affects your life. You have engaged in a number of treatment programs. Your engagement is described as positive and that you are showing independence and initiative to better yourself. Ms Miller had worked with you whilst you were in Bunjilwarra.
62Gallawah is a registered NDIS provider. A letter authored by Melena Robinson, team leader, dated 12 September 2022 confirms that you have applied for an NDIS plan and when it is enacted you can be provided with a minimum of 12 hours of support through the week to assist you to develop strategies and routine.
63You currently have temporary accommodation. A letter dated 13 December 2022 authored by Catherine Taylor, case manager with Moss Intensive Case Management Initiative Program, confirms that she has the capacity to support you. She does work specifically with Aboriginal and Torres Strait Islander individuals. Her work with you is designed to address the issue of homelessness.
64Finally, a letter authored by Virginia Moebus-Nelson from the Law and Advocacy Centre for Women, confirms that you have worked with case managers from their service post your release from rehabilitation at Bunjilwarra. You have been living in a hostel in Northcote and are on a waiting list for public housing. This letter also confirmed that you have been approved for an NDIS package which will provide significant supports.
65You are described as motivated to start afresh, build new friendships and secure permanent housing. I note that your intellectual disability has only recently been identified, that is as of 23 August 2022. Now that it has been identified it appears that an opportunity presents for appropriate interventions to be put in place. Appropriate interventions have been put in place and can remain fostering an increase in your prospects for rehabilitation. It can only be in yours and the community's interests that these be supported. For your future prospects it is important that you remain abstinent from drugs.
Submissions
66On your behalf your counsel contends that all relevant sentencing considerations can be properly addressed in the imposition of a combination sentence, that is a term of imprisonment, in combination with a Community Corrections Order. In the main the Crown do not quibble with that submission. I have had you assessed as to your suitability for a Corrections Order and, given your now acknowledged intellectual disability under the Disability Act, assessed for a justice plan so that you can access services that are relevant to your specific needs.
67I had hoped to complete these matters on a return date listed on 8 November 2022, but neither of the reports I had sought were able to be completed there had been some difficulty locating you. The matter was therefore adjourned to today's date, 15 December 2022, for further plea.
68I have received a disability overview report dated 7 December 2022 which confirms you have had no previous involvement with Disability Services. Disability Services did have trouble contacting you, as outlined, but they could confirm that you are funded with supports pursuant to the National Disability Insurance Scheme and that you have a range of care team members to assist you. I received a justice plan dated 8 December 2022, which recommends that you engage with a disability justice coordinator from the Department of Families, Fairness and Housing for the duration of any order and participate in further planning as required.
69You have been assessed as suitable for a Community Corrections Order.
70I will just check before I turn to the sentencing exercise, whether any matters have arisen, if indeed you have managed to keep up with that pace?
71MS PRIOR: Not from my point of view, Your Honour.
72HER HONOUR: Ms Burnett.
73MS BURNETT: Just the injury to the victim Your Honour that was noted in the opening, erase that Your Honour.
74HER HONOUR: All right. I have had full recourse to that document.
75MS BURNETT: Thank you Your Honour, yes I do note that, Your Honour.
76HER HONOUR: Thank you.
77MS BURNETT: Thank you.
78HER HONOUR: I make the ancillary order as sought for the disposal of scheduled items, noting that that application was by consent.
Sentencing
79The basic purposes for which a court may impose sentence are just punishment, general and specific deterrence, rehabilitation, denunciation and protection of the community. In sentencing you I must have regard to a range of matters such as the seriousness of the offending, your culpability for it, your personal circumstances and those of your victim.
80I am also required to balance the interest of the community in denouncing criminal conduct with the interests of the community in seeking to ensure where possible, that offenders are rehabilitated and reintegrated into society.
81I have taken into account the sentencing purposes referred to s5 of the Sentencing Act where relevant to your case. I have taken into account the current sentencing practices for the offences to which you have pleaded guilty.
82In relation to Charge 4, possess cannabis, you are convicted and discharged.
83In relation to the remaining matters, which include those on the indictment and the summary offences, I propose to impose an aggregate sentence as I am satisfied that the offences are founded on the same facts or form or a part of a series of offences of same or similar character. In so doing, I also bear in mind the principles of totality and proportionality, principles which also have application to all charges on the indictment and the summary offences.
84
Accordingly, Ms Johnson you are convicted and sentenced to 135 days' imprisonment which I reckon as having already been served by way of
pre-sentence detention. That term of imprisonment is in combination with a Community Corrections Order of two years duration. There is merit in this order being therapeutic only.
85
During the two years period you are to comply with the justice plan of
8 December 2022. You are to be supervised by the Office of Corrections to submit for drug treatment as directed and to submit for mental health treatment as directed. It is my clear intention that current services with you remain where possible and that Disability Services have an overarching responsibility.
86In addition to the conditions that I have imposed there are what we call standard conditions. The first is that you must not commit any other offence during the two year period which could be punished by imprisonment. You also need to attend within two working days to the nearest Corrections Office, you must let your Corrections Officer know of any change of address of where you are living or working and you need to do that within two clear working days of any change.
87It is a term of a Corrections Order that you submit to visits as directed and you need to obey the instructions or directions of a Corrections Officer. You cannot leave the State of Victoria without their permission.
88In my view, this order presents you with a chance to change your life in a positive fashion should you choose to take up that opportunity and the supports that should be made available. In recent times, you have shown you can do those things. This order can be breached if you do not comply with it in terms of the conditions, or reoffend whilst it is in place, if you do, you will have to come back before me for breaching the order and I may be asked to re-sentence you on the charges as well as to punish for a charge of breaking the order.
89I can only place you on that order Ms Johnson, if you agree to be placed on that order. So I'll have a copy provided to Ms Prior and she can discuss it with you in a moment.
90Before I give you that opportunity I note that s6AAA of the Sentencing Act requires me to state the sentence I would have imposed had you not pleaded guilty. This is somewhat artificial in the circumstance, given the matters I have taken into account. If not for your pleas of guilty you would have been sentenced to two years and four months' imprisonment, with a minimum of 18 months before being eligible for parole.
91Now Ms Guarino do you need a moment to finalise the Corrections Order?
92ASSOCIATE: Thank you Your Honour I'll just print it, yes.
93HER HONOUR: All right. Anything else arising at this stage?
94MS BURNETT: No, thank you, Your Honour.
95MS PRIOR: Your Honour, the only query I had was whether judicial monitoring might assist in - - -
96HER HONOUR: I did think about that.
97MS PRIOR: Yes. I only raise it in the context of the concerns that Your Honour noted with respect to the - where the Corrections Order sits. But - - -
98HER HONOUR: If there's problems? I do tend to judicially monitor people who have significant mental health or intellectual disability. Not only to keep an eye on them, but really to keep an eye of the Office of Corrections.
99MS PRIOR: Yes, all right.
100HER HONOUR: I was somewhat buoyed by the evidence I did hear from Disability Services I must say, but then people do change. If it is your suggestion that I do judicially monitor Ms Johnson, I will, although my associate will kill me for having to redo the orders, but that's a secondary issue.
101MS PRIOR: I really raise it in the context of the - not necessarily her capacity (indistinct) but her - - -
102HER HONOUR: I'm just seeing potential for Ms Johnson having difficulty meeting that requirement and then putting herself in a position she may not wish to be in.
103MS PRIOR: Well, it may well be that a judicial - if judicial monitoring is not attended it'll simply give rise to a perhaps a course taken by Corrections but presumably that will happen in any event. That's the only reason I raise it, Your Honour.
104HER HONOUR: Well do you suggest that I make it part of the order?
105
MS PRIOR: Perhaps I might just seek - briefly seek instructions very briefly, if
I - - -
106HER HONOUR: Of course, yes.
107MS PRIOR: Thank you. I would seek to record that. Apologies.
108HER HONOUR: All right, well I will add judicial monitoring and I'll order to come back in March I think.
109MS PRIOR: Thank you, Your Honour.
110HER HONOUR: Enough time for things to get started, 16 March at 10 o'clock.
111MS PRIOR: Thank you, Your Honour.
112HER HONOUR: Would you plan an ongoing role?
113MS PRIOR: Pardon me?
114HER HONOUR: Would your service - would be - sorry, with LACW playing an ongoing role?
115MS PRIOR: Yes, particularly if there's judicial monitoring.
116HER HONOUR: With that in mind - all right then. COVID has made life easier in allowing people to appear remotely, however, if they're in town, they're in town. I don't have a view about whether I require Ms Johnson to physically attend or whether she does connect in remotely but just perhaps touching base in advance of the judicial monitoring date.
117MS PRIOR: Yes. Thank you, Your Honour.
118HER HONOUR: So, just in terms of that condition Ms Johnson. Judicial monitoring means you come back to see me.
119OFFENDER: Yeah.
120HER HONOUR: I get an update as to how you're going.
121OFFENDER: Yeah.
122HER HONOUR: And hopefully that keeps you motivated to keep doing the good stuff, all right?
123OFFENDER: Yeah, yeah, yep.
124HER HONOUR: All other summary charges were to be withdrawn weren't they Ms Burnett?
125MS BURNETT: Yes, that's right, Your Honour.
126HER HONOUR: Yes. What I'm going to do, I'll just stand down temporarily, so that that can be signed, I'll come back and I'll collect my matters for 12.
(Short adjournment.)
127HER HONOUR: All right, order signed. Thank you. There she is, sorry I didn't - Ms Johnson's out of dock that's fine.
128MS PRIOR: Oh she's - - -
129HER HONOUR: Perfectly appropriate, no that's fine, I just couldn't see her for a second and wondering what had happened?
130MS PRIOR: Thank you Your Honour. No, she's here.
131HER HONOUR: All right, thank you to you Ms Burnett for your assistance in this matter, always greatly appreciated. Miss Prior thank you very much for your efforts which are always over and above. Ms Johnson I wish you all the best all right? I'll see you in March next year and I'll get an update, but as I said, keep up the good work, all right.
132OFFENDER: Yep.
133HER HONOUR: All right, thank you. And thank you for everybody else who came today in Ms Johnson's support, I'm sure she appreciates it and I was very grateful for the assistance from Disability Services, so thank you. Otherwise, I wish everyone all the best for the festive season and I'll move onto the next matter. Thank you, parties are excused.
134MISS BURNETT: Thank you, Your Honour, you too.
135HER HONOUR: All right.
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