Director of Public Prosecutions v Jones

[2023] VCC 2382

IN THE COUNTY COURT OF VICTORIA

AT MELBOURNE

CRIMINAL DIVISION

Revised
Not Restricted
Suitable for Publication

Case No. CR-21-02013

DIRECTOR OF PUBLIC PROSECUTIONS

v

FIONA JONES

---

JUDGE:	HER HONOUR JUDGE ELLIS
WHERE HELD:	Melbourne
DATE OF HEARING:	26 October 2023
DATE OF SENTENCE:	14 December 2023
CASE MAY BE CITED AS:	DPP v Jones
MEDIUM NEUTRAL CITATION:	[2023] VCC 2382

REASONS FOR SENTENCE
---

Subject:CRIMINAL LAW

Catchwords:              one charge of robbery – one charge of committing an indicatable offence whilst on bail – plea of guilty – Court Integrated Service Program – prior criminal history

Legislation Cited:      Crimes Act 1958 (Vic); Bail Act 1977 (Vic); Sentencing Act 1991 (Vic);

Cases Cited:R v Verdins (2007) 16 VR 269; Bugmy v The Queen (2013) 249 CLR 571; Worboyes v The Queen [2021] VSCA 169

Sentence:                  114 days imprisonment, to be followed by a Community Correction Order of 6 months duration

---

APPEARANCES:	Counsel	Solicitors
For the DPP	Mr B. Nibbs	Office of Public Prosecutions
For the Accused	Mr C. Glerum	Bayside Solicitors

HER HONOUR:

1Fiona Jones, you have pleaded to one charge of robbery, contrary to s 75 of the Crimes Act 1958 (Vic). This carries a maximum penalty of 15 years' imprisonment.

2You have also pleaded guilty to one summary charge of committing an indictable offence whilst on bail, contrary to s 30B of the Bail Act 1977 (Vic) which attracts a maximum penalty of 3 months' imprisonment.

Circumstances of Offending

3The circumstances of your offending were set out in a Summary of Prosecution Opening for Plea (Exhibit A). The offending occurred in the early hours of 25 January 2021, when you were aged 37.

4There are two co-offenders in this matter, Zereth Lebeter and Allem Sabitovic. Both of those men have pleaded guilty to a charge of armed robbery. However, it is not alleged that you were aware that weapons would be used in the course of the robbery. You were reportedly in a relationship with Mr Sabitovic at the time of offending. The victim was aged 56 at the time of offending and he was not known to you.

5By way of brief background, you and Mr Sabitovic attended at the St Kilda RSL in Acland Street on the evening of 24 January 2021, where you met with Mr Lebeter who had been there during the afternoon, and at some point police attendance had been requested by staff. You left with Mr Sabitovic and shortly thereafter Mr Lebeter departed.

6In the early morning of 25 January, the victim was in his car driving along Greeves Street, St Kilda, seeking to acquire the services of a street sex worker. The victim observed you near the intersection with Inkerman Street.

7You and the victim had a conversation regarding paid services and you told the victim to go to your flat. He parked his vehicle and you then led him into the courtyard of 5 Greeves Street. Meanwhile Mr Sabitovic and an unidentified co‑offender walked east across the courtyard and then crouched behind a wall and remained there. Mr Lebeter was also present in the vicinity and when you and the victim walked through the courtyard, he approached you from behind.

8Mr Lebeter had a white T-shirt wrapped around his head and was carrying a yellow boxcutter in his hand. Mr Lebeter said to the victim, 'What the fuck are you doing with my girlfriend?'. The victim replied, 'She introduced herself to me. She put it on me'.

9Mr Sabitovic then ran towards the three of you, carrying a red boxcutter. He said, 'Get his gold, get his wallet, get his keys and get his watch'. In fear, the victim then ran away from the group of you.

10The unidentified male who had been standing back from the group, started also to run after him. Mr Lebeter said to the victim, 'I'm going to kill you, I'm going to rob ya, you're fucked'.

11The victim ran onto Greeves Street where he tripped and fell between some parked cars on the street. Mr Sabitovic and Mr Lebeter caught up to the victim and pinned him to the ground by standing on him.

12You then caught up with your co-offenders and the victim. The men then stole a number of items from the pockets of the victim, while you were observed to act as a scout, including:

i.a wallet containing $200 cash, an ANZ bank card and a Medicare card;

ii.a single vehicle key to a Holden Commodore;

iii.a black Nokia mobile phone;

iv.a gold chain with a gold cross;

v.a Seiko banded watch; and

vi.a gold coloured bracelet.

13You said to Mr Sabitovic and Mr Lebeter, 'This is the last time I'm going to fucking do this' (Charge 1: Robbery).

14The victim was screaming as he was pinned to the ground. Mr Sabitovic and Mr Lebeter told the victim to stop screaming or they would stab and kill him. Both men held boxcutters to the victim’s throat as the victim was screaming for help. They told the victim to shut up.

15Mr Lebeter stomped on the victim’s head with his shoe. When the victim attempted to get up from the ground, Mr Sabitovic kicked him to the head. The victim was in extreme fear and thought the group of you were going to kill him.

16A nearby neighbour observed the assault of the victim from his balcony and made a report to police at 4.22am.

17Mr Lebeter ran back into the courtyard of 5 Greeves Street. You and Mr Sabitovic were also nearby. The victim approached Mr Sabitovic and asked for his gold chain back as his mother had given it to him. Mr Sabitovic swung a boxcutter towards the victim and also stole his gold bracelet. He asked the victim which car was his and he then pointed to the car on Greeves Street and said, 'That one'.

18At 4.42am, police officers were patrolling along Greeves Street. The victim approached the police car seeking assistance. Paramedics were called to assess him. As a result of the incident, the victim suffered a laceration to the back of his head, bruising in the shape of a shoe print to the back left side of the head and scratches to his neck.

19You were on bail at the time of this incident (Related Summary Offence: Commit Indictable Offence on Bail).

20The three of you in the meantime had attended at the stairwell to the underground car park of 33 Inkerman Street, St Kilda and this was captured on CCTV.

21On 28 April 2021 at approximately 9.40am, police attended at 20 Princes Highway, Dandenong where you and Mr Sabitovic were arrested and transported to the Dandenong police station. You were not interviewed due to COVID protocols.

Victim Impact Statement

22The victim has prepared a victim impact statement, as tendered on the plea. This statement clearly reflects the entirety of his experience and its ongoing effects. In considering the impact of the offending on him, I do take into account the lesser extent of your role, and that you did not assault him nor use a weapon. 

23The victim expressed his fear resulting from the night of the offending and the thought that he was going to be killed. As a result, he has experienced difficulty sleeping and reports dreaming of people attacking him with knives. The victim has lost confidence and describes not wanting to go out at night.

24He has experienced depression, anxiety and suicidal thoughts. With the support from his family he has sought help from a psychologist to deal with the impacts of the offending.

25I take into account the impact your offending has had on the victim and in doing so I note that you have pleaded guilty to a charge of robbery, and it is not alleged that you had any knowledge of any intended use of weapons.

Procedural History

26Turning now to the procedural history.

27You were arrested on 28 April 2021 and remanded in custody. You were ultimately granted bail in August 2021. You were committed to trial on 16 September 2021 following a contested committal and you later entered a plea of guilty at a directions hearing on 16 February 2022.

28Your plea hearing, along with that of Mr Lebeter was initially heard on 4 August 2022. On that date, another judge, His Honour Judge Lacava, adjourned the matter and ordered an extended pre‑sentence report be prepared by Corrections as part of assessing your suitability for a community correction order. In the meantime, Mr Lebeter was sentenced on 16 August 2022.

29You were initially considered unsuitable for a community correction order. You failed to attend the next listing of your plea hearing on 28 October that year. It transpired that you were in a psychiatric hospital. The matter was adjourned a number of times and His Honour Judge Lacava ordered a neuropsychological assessment. You were assessed and a report dated 31 January 2023 was prepared by Dr Sara Fratti. Your matter was then listed before me on 6 February 2023, due to His Honour Judge Lacava’s retirement from the court.

30On that date, further plea submissions were filed by your counsel, including information pertaining to the issue of your cognitive impairment and mental health vulnerabilities. Briefly it was submitted on your behalf that your circumstances had markedly changed since that earlier CCO assessment including that you had stable accommodation with your partner and that you had been abstinent for three months. Your counsel further submitted that consideration be given to liaising you with the Court Integrated Services Program for support in relation to illicit substance use, mental and physical health, history of family violence and homelessness.

31It was determined that CISP could support you, and Ms Bec Rice-Lacy, an Advanced Case Manager assessed that you required intensive case management to address your multiple treatment needs and co-ordinate support. Over the past 10 or 11 months, CISP have continued to assist you and there have been ongoing reviews by the court. In effect your plea hearing has been delayed to enable CISP workers to provide support and for the court to monitor your progress. Your preparedness to engage with the program would as I said at the beginning, provide the court with a clearer picture as to your circumstances and your individual needs, which would enable the court to determine the appropriate sentence and whether or not a community correction order would be an available option, and if so the conditions that should be attached to it.

32I should say at this point that your progress on CISP has been very encouraging. There was a period in the middle of the year where you appeared to have encountered some difficulties which coincided with a decline in your mental health, some substance use and in particular uncertainty surrounding your accommodation, and as I understand it there was a period of hospitalisation. However, your overall attitude to CISP and your willingness to engage has been very commendable. It demonstrates that you can benefit from the supports that are offered to you and that you are willing to take advantage of those supports in order to improve yourself. This is a significant factor in my determination of sentence in this case. This commitment to CISP needs to be viewed in the context of your ongoing mental health concerns and I will say something about that in a moment.

33A further plea hearing was adjourned from 26 October in an effort to see if your housing situation could be resolved which would assist in ensuring consistency with a community corrections centre overseeing any order. This unfortunately does not appear to have been resolved. There are recommendations in place and you have more recently returned to live with a former partner.

Prior Criminal History

34You come before the court with a prior criminal history. It is lengthy, dating back to June 2000. Your first appearance seems to have coincided with your drug use. Your prior matters include convictions for dishonesty offences including burglary and robbery, property offences, drug offences and assaults. You have been sentenced to terms of imprisonment and significantly, you have had a number of community correction orders imposed. You unfortunately appear to have breached them by way of further offending or non-compliance.

Personal Circumstances

35Your personal circumstances were set out in written submissions and they have also been detailed further in the various psychological and psychiatric reports tendered. You are now 40 years old.

36You were raised in the Bayside area and your childhood was a difficult one. Your parents were reportedly emotionally disconnected from you, neither of them expressed much emotion. Both of them were employed. You were subject to significant family violence as a child at the hands of your brother‑in‑law when you were 15. You left the family home when your parents did not believe your report of the nature of the assault. You resided with friends but experienced periods of homelessness and you were reportedly subject to violent offending.

37There was a period in which you returned to the family home aged 18 after the birth of your first child, when you sought to escape an abusive partner. He had been one of the perpetrators of some traumatic abuse years earlier but you had a relationship with him for a number of years. There then became DHS involvement in relation to your child and she was placed into the care of your parents. In effect you have had limited family supports over many years. You have been estranged from your elderly father and you are unaware as to whether he is alive.

38You have recently reconnected with your elderly mother and older sister. You are an Aboriginal woman and you have recently sought support in the community to engage with your elders and establish prosocial connections. You wish to engage more with your Aboriginality and it seems through services that they may be able to further assist in co‑ordinating efforts to find some appropriate accommodation for you. I take these matters into account.

39You have one daughter who is now in her 20s and you have a very young grandson. Following your release from custody in 2021, you enjoyed a period of reconnection with your daughter, but this became estranged when your mental health symptoms escalated. More recently you have again sought to reconnect with her.

40Despite some of the difficulties you experienced as a child, you enjoyed formal schooling up until Year 10. You completed a Certificate III in Community Services at Chisholm Institute, Frankston and after leaving school you worked in various casual roles in retail and labouring. You have worked as a support member of staff at the Make‑A‑Wish Foundation from which you derived great satisfaction.

41You have historically resorted to polysubstance abuse to self-medicate. You began drinking alcohol as early as 13. This escalated to cannabis use at the age of 15, which quickly progressed to hard drug use including heroin. At the time of this offending you were using methamphetamine and heroin, as well as misusing prescription medication. You have suffered numerous overdoses, though you have endeavoured to engage in detoxification in the past including with a stint in Odyssey House. Your resort to drug use appears to be well entrenched but it seems that you have been making concerted efforts to remain abstinent and more recently your use has been confined to cannabis use to help with sleep.

42You have over the years experienced a number of violent assaults including blows to the head in the context of family violence. You have experienced significant trauma. You now experience cognitive deficits and headache symptoms. These are also said to have been a product of you having been involved in multiple motor vehicle accidents for which you did not seek medical treatment. You have been hospitalised on a number of occasions in the context of heroin overdose and acute psychotic events. You were hospitalised for a two-week period in October last year and earlier this year.

43You appear to have been in relationships in which you have been the victim of family violence. The father of your daughter beat you regularly and you have also indicated that the relationship with the co-accused Mr Sabitovic was the one in which you felt pressured and intimidated. No doubt your mutual drug use contributed to the degree of instability within that relationship.

Mental Health

44A number of expert reports[1] were tendered on the plea including reports of Dr Aaron Cunningham psychologist[2] and Dr Sara Fratti neuropsychologist[3].

[1] Including a report of Dr Julia Shackleton, neuropsychologist dated 7 March 2013, and report of Dr Paul Grech dated 12 December 20217 which were marked for identification.

[2] Exhibit 2 (I note than an earlier report from 20212 was marked for identification).

[3] Exhibit 4.

45Dr Cunningham had opined back in 2012 that you suffer from post-traumatic stress disorder as a result of violent, abusive trauma during your childhood and teenage years. He confirmed his opinion that you suffer from chronic PTSD in his 2022 report and he is of the view that you require high levels of support in the community due to your vulnerability. You are currently prescribed antidepressants and anti‑anxiety medication.

46Dr Fratti noted that at the time of her assessment you endorsed extremely elevated symptoms of depression and anxiety. There was no convincing evidence that you suffer from an acquired brain injury or any other permanent neurological syndromes that affect cognition.

47Dr Fratti opines that given your history of PTSD, there are concerns your mental health would be at risk of deterioration if placed in a custodial environment. In this sense, imprisonment would be more burdensome than for other prisoners.

48In the opinion of Dr Fratti, with appropriate alcohol and other drug support and psychological treatment, you have the potential to experience improvement in your cognitive functioning and to minimise substance use. You have the potential to engage meaningfully in employment and study, and hopefully the supports that you have received to date through CISP have helped place you in a position where this is something that becomes a real possibility.

49Dr Cunningham noted that you have displayed a level of insight into your need for support and that you recognise that you cannot continue in the way that you were, in the future.

50You have also undergone a psychiatric assessment by Dr Asiri Rodrigo through CISP. He concluded that you suffer from generalised anxiety disorder, borderline personality disorder and substance use disorder. He considered that you experience symptoms consistent with PTSD but did not meet the full criteria. There is also the possibility you may have attention deficit hyperactivity disorder and Dr Rodrigo has made a number of recommendations in relation to whether this could be explored further through your GP. Continuing with supports is important for you moving forward and CISP have made a number of recommendations in relation that, which I will go through shortly in terms of how they could be implemented.

51Your counsel has submitted that your mental health needs and in particular the diagnosis of PTSD enlivens the principles set out in R v Verdins, specifically limbs 5 and 6.[4] Although Dr Rodrigo does not confirm the diagnosis of PTSD, other mental health professionals have concluded that this has remained an ongoing mental health concern and that indeed this was likely present at the time of your offending. I take this into account in a general way. It is not submitted that the first limb of Verdins is enlivened given the significant role that your drug use played in the offending and the difficulty disentangling this from your mental health. However, I do accept that a custodial environment would be more onerous and inherently more difficult for you based on your mental state, and that the burden of imprisonment would weigh heavily upon you. I also accept that there is a significant risk that your mental health will decline further in custody.

[4] [2007] VSCA 102; (2007) 16 VR 269.

Childhood Deprivation

52Your exposure to violence during your formative years and the period of transience that followed as a result of your lack of parental support is relevant. It provides the context through which your mental health must be viewed and it explains your recourse to illicit drugs, which is relevant to your involvement to this offending. Your counsel does not submit that it reaches the level required to enliven the principles established in Bugmy v The Queen,[5]  but it is nonetheless relevant. Your childhood and the trauma you experienced provides the prism through which your history of antisocial behaviour and your offending must be viewed. I take the circumstances of your upbringing into account.

[5] (2013) 249 CLR 571.

Court Integrated Services Program

53I just want to say something more about your engagement with the CISP program which has been ongoing throughout most of this year. I have received ongoing reports as to your progress. Without going into too much detail, you have attended alcohol and other drug counselling sessions on a weekly basis (I understand over 28 sessions), primarily in person, and more recently you have remained focus focused on maintaining abstinence from illicit drugs.

54Your presentation and your engagement has vastly improved throughout the course of the year, apart from a period of disengagement in the last few weeks. But I must say that your engagement with CISP has been very impressive. Although there have been setbacks and there have been periods of relapse into drug use and a decline in your mental health at times, to your credit you appear to be working through your issues and most importantly you have been open to accepting the supports provided through CISP. This bodes very well for your prospects of rehabilitation. That you have been able to persevere despite those setbacks is very much to your credit.

55Ms Svendson in her penultimate CISP review noted that you have consistently and candidly participated in treatment. She believes that you have shown genuine commitment to addressing your presenting needs and to building a healthier, more stable future for yourself. Indeed she commended you on your continued perseverance in attempting to attain change following an entrenched antisocial lifestyle.

56More recently as I said there has been some lack of engagement. Ms Svendson has recently indicated that she is perhaps not surprised by that given your history and given the transition away from the CISP program. It is very important that you continue to utilise any supports that are offered to you. I am sure at times it has felt as if the delay in this case has been unbearable. No doubt the uncertainty of these proceedings has weighed heavily upon you and I have taken this into account. But as I said during one of your CISP reviews, the work that you were doing during your time on the CISP program would not only help you in terms of your own rehabilitation, but it would ultimately be a factor when considering your sentence. Firstly, it is relevant to whether or not you are assessed as suitable for a community correction order and if so, the duration of the order and conditions that are attached to it.

57There as I have said have been ongoing issues in relation to your accommodation which has been unstable and unfortunately these have not yet resolved.

58You have been assessed as suitable for a community correction order. I will refer to that assessment shortly. It is my intention to place you on a community correction order given that you are suitable for it and the order will be in addition to the period of imprisonment that you have already served, being 114 days. Because of the work that you have been doing through CISP, I am prepared to make an order of shorter duration than I might otherwise have done because your efforts at rehabilitation have been ongoing throughout most of this year. It is my intention that the community correction order will have conditions in relation to ongoing rehabilitation, and I do not intend to make an order for a condition that you undertake unpaid community work. The focus should be on your rehabilitation.

59Corrections have assessed you as being a high risk of reoffending. It is noted that you have been placed on such orders in the past without much success, and referring to the assessment itself, I am concerned about the way in which you reported your offending to Corrections does not seem to acknowledge the circumstances of the offending as set out in the opening. You appear in some ways to view yourself as the victim and that may not be surprising, but it is anticipated that during your time on the corrections order that your perspective on this may be challenged and explored, and to that end supervision is recommended with a focus on addressing criminogenic needs. You did however express that you felt sorry for the victim, and you demonstrated a degree of insight.

60As I have said there might be times that you find the correction order challenging and there might be times that you no longer wish to participate, but you must engage with the order that I am about to place you on and you must comply with the conditions that I am going to set down. If you do not to that then most likely you will be breached by Corrections and if that were to occur, you would most likely, well you will be brought back before me and I would need to re‑sentence you for this offending. I am sure that is the last thing you want, I am sure you have had enough of coming in and out of this court room but it is very important that you engage to avoid any possibility of that in the future. You also need to be aware that this is an opportunity the court is giving to you. It is not an optional thing and as I have said I am encouraged by the way you have engaged with CISP, and this gives me some confidence that you can successfully complete the order.

Prospects of Rehabilitation

61Again given your efforts whilst on CISP and your preparedness to recommit to the program despite some setback, the fact that you now appear to have some insight as to the impact that drugs has on your offending and the way that your substance abuse can compromise your mental health, I am prepared to find that your prospects of rehabilitation are significantly greater than they were at the beginning of this year. I consider them to be reasonable and they are further enhanced if you continue to accept supports and undergo treatment for drug use and with respect to your mental health.

Nature and Gravity of Offending

62Turning now to the nature and gravity of the offending.

63The offending here was serious. Not only that, it was dangerous, and the victim was subjected to a terrifying ordeal. His personal items, some of which were of great sentimental value to him, were taken. That you were in the company of others and considering the circumstances of the robbery generally, makes this offending serious.

64The victim was subjected to a violent and confronting experience and the effects of the offending has had a long-lasting impact on him which I have taken into account. I am prepared to accept that you are remorseful and embarrassed by your involvement despite your comments to Corrections. You have accepted responsibility for your conduct and I take this into account.

Plea of Guilty

65Although you conducted a contested committal, you entered a plea of guilty at a reasonably early opportunity once committed to trial. Your plea of guilty demonstrates a willingness to facilitate the course of justice and is of considerable utilitarian value. You have spared the community and witnesses the time and expense from having to give evidence, and particularly you have spared the victim from having to relive the experience at trial.

66Your plea was entered at a time when the court faced a considerable backlog of jury trials as a consequence of the pandemic and so your plea has an additional utilitarian value. As the Court of Appeal articulated in Worboyes v The Queen,[6] your plea is worthy of greater weight in mitigation than a similar plea entered at a time when the community and courts were not afflicted by the pandemic’s effects and so you are entitled to a discount in sentence both for your plea of guilty and taking into account the timing of the plea.

[6] [2021] VSCA 169.

67Although the court backlog has now reduced, the timing of your plea such that it warrants the type of discount envisaged in the decision of Worboyes v The Queen.

Co-offenders

68Each of your co-offenders have been sentenced to terms of imprisonment with a head sentence and a non-parole period. Both of your co-offenders pleaded guilty to a more serious charge of armed robbery. Mr Lebeter received a head sentence of 3 and half years with a non‑parole period of 2 years. Mr Sabitovic was sentenced to 2 and a half years with a non‑parole period of 16 months. Parity must be considered in sentencing. However, both co-offenders played a significantly higher role in the offending by virtue of each possessing a box cutter, using force on the victim and threatening him. Indeed, the victim was also assaulted by them although this was not the subject of a specific charge. It is not alleged that you took part in the assault and indeed it is not alleged that you knew of the presence of a weapon. It is also submitted on your behalf that you did not profit in any way from the proceeds of the robbery and I accept that.

Current Sentencing Practices

69I take into account current sentencing practice. This is but one of the factors for consideration but is not a controlling factor.

Relevant Sentencing Factors

70The basic purposes for which a court may impose sentence are just punishment, specific and general deterrence, rehabilitation, denunciation and protection of the community. I have had regard to these sentencing principles in addition to other various factors including the maximum penalty, the gravity of the offending, your culpability, the effect on the victim and your personal circumstances.

71The sentence I pass must balance the interests of the community in denouncing criminal conduct with the community's interests in ensuring that as far as possible you are rehabilitated.  

General and Specific Deterrence

72General deterrence is also an important sentencing consideration. Other members of the community must understand that robbing another human being in such confronting circumstances will not be tolerated. You must also be deterred from engaging in such anti-social conduct and the court must denounce this conduct and have regard to just punishment.

Sentence

73Ms Jones could you stand up please.

74On the charge of robbery, you are convicted and sentenced to 114 days imprisonment, to be followed by a community correction order.

75You have already spent 114 days in custody which I declare as pre‑sentence detention.

76On the summary charge of committing indictable offence whilst on bail, you are convicted and placed on a community correction order. This is the same order that I am now going to impose in relation to the charge of robbery.

77Your community correction order will commence immediately. The duration of the order will be 6 months. As I have said, this is a shorter order than I might otherwise have imposed but for the period of rehabilitation that you have already undergone on CISP.

78There will be a number of conditions attached to the order.

·You must be under the supervision of Corrections for a period of 6 months.

·You must undergo treatment and rehabilitation for drug and alcohol use.

·You must undergo treatment and rehabilitation with respect to your mental health.

·You must undergo treatment and rehabilitation to address your risk of re‑offending if deemed suitable.

79There are also a number of core conditions attached to a community correction order.

·You must not commit any other offence that is punishable by imprisonment during the 6 month period.

·You must comply with any and all obligations and requirements prescribed.

·You must report to and receive visits from Corrections during the period of the order.

·You must report to the nearest Community Correction Centre, which I am now told is in Frankston, within two clear working days from today. I strongly recommend you make contact today.

·You must let a Community Correction Officer know within two working days of a change of address or employment.

·You must not leave Victoria without first getting permission.

·You must obey all lawful instructions and directions from Corrections.

80I am going to note that Corrections have access to the CISP recommendations and reports and in particular to the most recent recommendations regarding your treatment.

81As I have said you must comply with the conditions of the order. If you do not, you will likely find yourself back before the court on a breach. I would need to re‑sentence you for the offending and it is also likely that there would be a penalty for the breach itself.

82Now in a moment you are going to be asked to read through the conditions that I am imposing and to acknowledge that you understand what the conditions are and that you also agree to abide by them.

Pre-sentence Detention

83Pursuant to s 18 of the Sentencing Act 1991 (Vic), I declare that 114 days pre-sentence detention be deducted as time served from the sentence that I have now imposed.

Section 6AAA

84Pursuant to s 6AAA of the Sentencing Act, I indicate that but for your plea of guilty, I would have sentenced you to 9 months' imprisonment on the charge of robbery.

- - -