Director of Public Prosecutions v Jones (a pseudonym)

[2025] VCC 90

IN THE COUNTY COURT OF VICTORIA

AT MELBOURNE

CRIMINAL DIVISION

 Revised
Not Restricted
Suitable for Publication

GENERAL LIST

DIRECTOR OF PUBLIC PROSECUTIONS

v

JONATHON JONES (a pseudonym)

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JUDGE:	HER HONOUR JUDGE CANNON
WHERE HELD:	Melbourne
DATE OF PLEA HEARING:	9 December 2025
DATE OF SENTENCE:	10 February 2025
CASE MAY BE CITED AS:	DPP v Jones (a pseudonym)
MEDIUM NEUTRAL CITATION:	[2024] VCC 90

REASONS FOR SENTENCE
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Subject:CRIMINAL LAW

Catchwords:              Sentence – Pleas of guilty – Threat to destroy property (2) – Common law assault – Intentionally destroy property – Stalking – Offending in context of family violence – Offending designed to intimidate and harass – Impact on victim significant – Relevant criminal history – History of substance abuse – History of physical violence and sexual abuse – Drug use from self-medication - Expert opinion – PTSD – Stimulant and sedative/hypnotic use disorder

Legislation Cited:      Sentencing Act1991

Cases Cited:R v Verdins; R v Buckley; R v Vo (2007) 16 VR 269; Bugmy v R (2013) 249 CLR 571

Sentence: Convicted and sentenced to 6 months’ imprisonment (to be served concurrently with sentence being undertaken) in combination with 12 months Community Corrections Order with conditions of Supervision, Drug treatment and rehabilitation, Programs for re-offending and Judicial Monitoring – 42 days’ imprisonment declared as having already been served as part of sentence imposed – s.6AAA Sentencing Act 1991 (Vic) – Ancillary order Forfeiture

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr J. Kelly	Solicitor for Public Prosecutions
For the Accused	Mr D. De Witt	Balmer & Associates

HER HONOUR:

1Jonathon Jones,[1] you have pleaded guilty to two charges of threat to destroy property, one charge of common law assault, one charge of intentionally damaging property and one charge of stalking.  The maximum penalty for threat to destroy property and common law assault is five years’ imprisonment and the maximum penalty for intentionally damage property and stalking is ten years’ imprisonment.

[1] A pseudonym.

2In sentencing you, I must have regard to the maximum penalties, as these reflect the seriousness with which Parliament regards the offences.

3The victim in this matter is Raelene Holmes,[2] who was your partner at the time of the offending.  You and she were living at an address in a suburb of Melbourne.  You were 37 years old at the time and the victim was 45.

[2] A pseudonym.

4You had been in a relationship for about four years and lived together for about 18 months.  You built and co-owned the suburban house where you were living.  You had no children together.

5On 1 December 2023, you and Ms Holmes were at your home.  In the evening, Ms Holmes was on the phone in the outdoor entertainment area outside of the property.  She was speaking with your cousin who was going through a relationship breakup at the time. 

6As Ms Holmes ended the call, you came out of the house and confronted her about having an affair.  You were angry and moved towards Ms Holmes, causing her to move backwards against the wall.  You were in her face, screaming. 

7You took a small step back and you were clenching your fists while screaming at Ms Holmes.  You then moved towards her, raising your fist to head level.  You moved your fist towards Ms Holmes' face, pressing your fist against it before moving it away.  This gives rise to Charge 2, common law assault. 

8You then told Ms Holmes that you would slit the dogs’ throats, giving rise in part to Charge 1, threat to destroy property.  You then went back inside the house.

9The basis for Charge 5, a charge of stalking between 26 and 28 December 2023, is that on 26 December Ms Holmes was at her home with you and your brother.

10At 1.30 pm, you and your brother went to your suburban train station and caught a 2.00 pm train before you returned home at 3.30 pm.

11Ms Holmes was in the master bedroom when you came home.  She got up and walked past you in the garage, when you said that you and she needed to talk.  You went back to the master bedroom and removed your phone that had been recording and which had been hidden in the master bedroom under clothes and you then returned to the garage.

12You then played a low-quality audio recording to Ms Holmes and accused her of cheating on you because you said you could hear her talking with another male.  Ms Holmes denied cheating on you and said that the recording may have been her speaking to the dogs or on her phone.

13You insisted that Ms Holmes was cheating saying, 'you know what the fuck it is, you’re fucking cheating, who is he?'.

14Ms Holmes retreated from the confrontation and went back to the master bedroom.  You followed her and shouted, 'who the fuck is he?'.  You also said that you would slit the dogs’ throats, giving rise in part to Charge 1, and you said, '[y]ou know what, I’m gunna burn down this fucking house'.  This gives rise to Charge 3, threat to destroy property.

15Ms Holmes continued to deny your interpretation of the recording.  You walked away.  Ms Holmes packed an overnight bag and placed it in her wardrobe.  She decided to leave the house and take the dogs for a walk. 

16Ms Holmes walked to a nearby property under construction, where you called her.  She then began to walk home and passed a neighbour, who noticed that Ms Holmes was distressed and crying.  Ms Holmes and the neighbour watched as you left the house in your car.  Ms Holmes then went back inside.  You came home a short time later and continued to scream at Ms Holmes, accusing her of having an affair.

17Ms Holmes lay on the bed in the master bedroom and ignored you.  You came into the room, closed all the blinds, and continued to scream at her, accusing her of having an affair and to listen to the recording.

18You again raised your fist and went to punch Ms Holmes, but you lowered your fist as Ms Holmes moved into the hallway away from you.  This in part gives rise to Charge 2.

19You then moved into the garage where you said, 'I’m gunna fucking kill ya, I have given you every fucking chance, I’m gunna fucking kill ya, I have given you every fucking chance to tell the truth'.  This in part gives rise to Charge 2.  Ms Holmes continued to deny having an affair.

20You again raised your fist and threatened to punch Ms Holmes, giving rise in part to Charge 2, but you then moved away and you punched the internal garage door which was between you.  This gives rise to Charge 4, intentionally damage property.  Photos of the damaged door are in the depositional material, and I have viewed these.

21Ms Holmes went back to the master bedroom, grabbed her overnight bag, then left the property and went to her neighbour’s house to spend the night.

22You continued to text Ms Holmes through the night, however, she told you she was petrified of you and that you had broken her.

23CCTV later recovered from the address shows you carrying a red jerrycan of petrol around the house at about 4.30 pm. 

24On 27 December 2023, Ms Holmes woke up and switched her phone on.  You had texted her saying she had switched off the CCTV footage to the house in order to sneak a man into the house and you said that you were going to drop the dogs off to her.

25Ms Holmes went back to her house and met you at the front door to get her dogs.  You did not let Ms Holmes inside the house.  You put the dogs outside and threw the leads at Ms Holmes’ feet.  The victim took the dogs for a walk for an hour and then returned to the property.  You let her back in.

26Once inside the house, Ms Holmes saw the red jerrycan in the butler’s pantry next to the kitchen.  She feared you would burn down the house, in keeping with your previous threat made the day before in this regard.  She picked up the jerrycan and returned it to the garage.

27Ms Holmes then went and lay down on the master bed before leaving the house and returning to her neighbour to collect her overnight bag.  While she was out you called the victim and continued to accuse her of having an affair and said, 'I’m going to burn down the house – who is he?' and '[y]ou’re a fucking liar, you fucking lying bitch, I’m gunna burn down the fucking house, I’m gunna slit [the dogs’] throat'.  The conduct to which I have just referred gives rise in part to Charges 1 and 3.

28Ms Holmes left her neighbour’s house and drove to a nearby park where you again called her saying, 'if you don’t’ tell me who it is, I’m going to drive the fucking car through the house'.  You also sent a text message saying to come out or the Volkswagen was going through 'the fucking lounge room'.  This conduct gives rise in part to Charge 3.

29You then attempted to facetime Ms Holmes, who did not answer.  You called and said, '[t]hat’s it, I’m slitting the throat of the dogs, I am going to kill them' and a message that read 'I'll just slit our dogs' throat - done, sweet'.  This gives rise in part to Charge 1.  At that point Ms Holmes believed that the dogs had been killed.

30The victim then drove to the suburban police station and reported the matter to the police.  After this Ms Holmes went to stay at a friend’s house.  She drove her car to the address and parked it down the driveway, so it was not visible from the street.  Ms Holmes went to this particular address, as she did not think you knew where her friend’s house was.

31However, a short time later she heard her car alarm go off four times.  She turned the alarm off from inside using the key fob.  When this happened for the fourth time, the victim went outside and saw her car boot was open.  She closed the boot and returned inside the property.  A video found on your phone depicted
Ms Holmes’ address and her car boot open.

32On 28 December at 8.30 am, Ms Holmes was showering and again heard her car alarm go off before stopping the alarm with her key fob from inside the house.  At 9.00am, a family friend called the victim and told her you were coming to her address and sent through a video you had sent to her.  This depicts you walking up the driveway, triggering the alarm and you then begin to run away.

33Ms Holmes returned to the suburban police station and outlined the further matters which had occurred since the previous day.

34On 28 December 2023, you were arrested.  Your mother was present when the police arrived.

35You were taken to the suburban police station and you said the following things:

36You said you put your phone on to record arguments and left the house before later returning to review the recordings.

37You told police that you had told stupid shit to get a rise out of Ms Holmes and get a reaction from her because she was not answering your calls.

38You admitted to threatening to kill the dogs in order to get Ms Holmes back to the house.

39You said that Ms Holmes kept hanging up on you and you did not know how else to get her to talk to you.

40You admitted triggering the car alarm.  You said you then heard someone out the front and that you could hear Ms Holmes and a guy.  You said you just hit your head on the fence and thought you would come back tomorrow at a normal time and record the whole thing.

41You said you just walked past Ms Holmes but did not raise your fist, that you walked past her and hit the door.

42You made admissions in relation to threatening to burn the house down, but you said that the jerrycan you grabbed was empty. I asked the prosecution if this was the case but they were unable to enlighten me in this regard.

43Mr Jones, your offending is serious and deserves a punishment which is just in all the relevant circumstances.  Your conduct must be firmly denounced.

44As the learned prosecutor emphasised in written submissions at the sentence indication hearing, your offending occurred in the context of family violence.  Our Court of Appeal has made repeated statements that sentences imposed for family violence matters should be set at a level which will send a message to those who might offend violently against domestic partners, former partners or family members, that such conduct will not be tolerated.

45A number of the offences occurred at Ms Holmes’ home where she was entitled to feel safe, and there was no provocation whatsoever on her part.  Rather, in your apparently drug-affected state, you perceived she was being unfaithful to you despite her protestations.  You terrorised Ms Holmes in a number of ways which were utterly despicable.  As the learned prosecutor said the offending was designed to intimidate, harass and manipulate the victim.  The threats to property offences were directed to items which had emotional and sentimental value, namely Ms Holmes’ dogs and her home.

46The stalking occurred over a period of three days and was of a disturbing nature.

47While you did not inflict any physical injuries on Ms Holmes, the victim impact statement indicates the harm your offending has caused.

48I also factor in the various pieces of conduct on your part which gives rise to Charge 2, common law assault, which involved a number of physical and verbal threats, and that caused significant apprehension of force. 

49In sentencing you I have factored in the victim impact statement, except for the two parts the prosecution did not rely on.  It is clear that your offending has had a profound effect on Ms Holmes, both emotionally and financially. 

50The victim said that your offending had a huge detrimental effect on her and she was no longer the fun-loving person that she had been. She suffers from feelings of anxiety and is now untrusting and withdrawn. She said that according to her psychologist she suffers from PTSD, anxiety and depression, and she is also suffering from sleeplessness. She lives in a state of constant fear. She also spoke of various ways in which your offending had impacted her financially and had also impacted on members of her family, especially her elderly parents. She said that the impact of your offending haunted her every day and would for the rest of her life, but that she had an amazing supportive family and friends, that she was strong and independent and had a great deal of love around her for which she was very thankful.

51Your explanation for the offending is that you had taken the decision to apply for redress through the national scheme in respect of sexual abuse that you said that you had suffered when you were 13 years old and attending a private  primary school. You said that the application that you made for redress triggered flashbacks and trauma which then led you to go back to drug use and that it was in this context that you offended against the victim.

Criminal history

52Your criminal history is a concerning one, albeit that I note that you do not have any prior court appearances for offences of domestic violence.

53However, your criminal history is as follows, save as I state otherwise your prior matters were dealt with in the Magistrates Court:

54In May 2006 you were convicted of burglary and theft and ordered to undertake a six month community-based order with assessment and treatment conditions for drug and alcohol addiction and for medical and mental health.

55In September 2008 you were convicted of two charges of burglary and two charges of theft, theft of a motor vehicle and drive whilst suspended. You were sentenced to an aggregate term of three months' imprisonment for all charges except for the theft, with the prison term being wholly suspended for six months. You were convicted of the theft of the motor vehicle and placed on a 12 month community-based order with the same assessment and treatment conditions as the previous community-based order.

56On 10 February 2009, you were dealt with for failing to comply with the community-based order imposed on the previous occasion and you were re-sentenced for the theft of the motor vehicle to one month imprisonment, wholly suspended for 12 months.

57On that same occasion you were convicted of trafficking in a drug of dependence, possession of methamphetamine, two charges of drive whilst suspended, possess controlled weapon without excuse and two charges of fail to answer bail. In relation to all but the last two mentioned offences, you received a total effective sentence of six months immediate imprisonment.

58On 10 August 2009 you were convicted of drive whilst suspended and sentenced to 42 days' imprisonment to be served by way of an intensive corrections order. You were fined in respect of driving an unregistered car.

59On 28 September 2010 you were convicted of two charges of assault in company and sentenced to an aggregate term of one month imprisonment.

60On 1 April 2011 in the County Court, you were convicted of three charges of false imprisonment and you were sentenced to a total effective sentence of four years six months with a non-parole period of two years.

61On 26 February 2014 you were convicted of drive in a manner dangerous and sentenced to two months' imprisonment.

62On 3 March 2014 you were convicted of traffic methylamphetamine and some other drug offences, deal with property suspected being proceeds of crime, resist police and possess cartridge ammunition. You were sentenced to an aggregate term of two months' imprisonment.

63In 2017 in the County Court, you were convicted of intentionally cause injury and sentenced to 27 months' imprisonment with a non-parole period of 18 months.

64Later in 2017 in the County Court, you were convicted of reckless conduct endangering life, prohibited person possess firearm, theft and possess methylamphetamine. You were sentenced to a total effective sentence of 30 months' imprisonment with a non-parole period of 21 months.

65On 23 May 2018 you were convicted of possess methylamphetamine, commit an indictable offence whilst on bail and possess cartridge ammunition. In relation to the first two offences, you were sentenced to an aggregate term of 20 days' imprisonment.  

66On 11 August 2023 you were convicted of possess a firearm contrary to a prohibition order and possessing a controlled weapon without excuse. You were sentenced to an aggregate term of four months' imprisonment.

67I have had regard to the sentencing remarks of His Honour Judge Smallwood and His Honour Judge Chettle in respect of the previous matters in this court.

68You also have subsequent matters which have now been dealt with in the Magistrates Court. I have recently been given the details in respect of this further offending and the charges to which you pleaded guilty. You were convicted and sentenced to 12 months' imprisonment in respect of those matters with 238 days being declared as served as at the date of sentence, being 13 December 2024.

69The sequence of events is that you were in custody for the matters before me from 28 December 2023 until 7 February 2024, when you were released on bail.

70On 9 April last year, so about two months after being bailed for the offending before me, you were found by police in your car with the engine running and the gear stick in drive; you appeared to have passed out. Police removed the keys from the ignition and woke you up. You appeared to be drug- affected. You were found with $7560 cash and 36 grams of methylamphetamine. Other substances, both prescription and illicit, were also found as well as a meat cleaver. Youd had sustained a bullet wound a week earlier so you were taken to hospital for treatment. Subsequently, you were charged and bailed in relation to the offending.  Your counsel was unable to enlighten me as to how it was that you had sustained the bullet wound.

71On 19 April last year, so 10 days after the last incident to which I have just referred, and  a little over two months after being released on bail for the matters before me, you were arrested at a shopping centre after a witness observed you in your car with a sawn off shotgun on the dashboard. Subsequently, police found the gun and a knife in your car which you had left unlocked, and arrested you after you and your brother were found in a supermarket at the shopping complex. You were a prohibited person so you were charged with prohibited person in possession of a firearm, and you were also found to be in possession of a large Ziplock bag of methylamphetamine and some GHB, as well as $942 believed to be proceeds of crime.  The summary records that you attempted to headbutt the arresting police officer on several occasions and there were details of how that arrest was effected with the charge reflecting this as well.  Your counsel provided me with details as to the charges that were proceeded against in relation to that offending.  I understand then that one of your subsequent matters concerned trafficking methylamphetamine.

72Your criminal history and subsequent matters cause me a good deal of concern about your prospects of rehabilitation and protection of the community.

BACKGROUND

73I now come to your background: Although there was a degree of discrepancy in respect of some matters in this regard, I understand that your background is as follows:

74You were born in country Victoria, and you have an older brother. You, your brother and mother were subjected to violence and abuse at the hands of your father. When you were about five your parents separated. After your parents separated your mother re-partnered. He became your stepfather and was a positive role model in your life. Although your family’s financial situation was limited, I understand that you enjoyed a stable and happy homelife from ages five to 13.

75However, when you were 13 you were sexually abused by a Catholic priest who made dreadful threats to you and your family to exact your silence. You did not disclose this offending until 2023.

76After being sexually abused you experienced anxiety and nightmares and started using cannabis. You also started disengaging from school.

77Sadly, your stepfather died when you were 14, causing you a great deal of grief and anger and this exacerbated your behavioural issues, disengagement at school and drug use. At this stage you were using cannabis and drinking alcohol on a daily basis.

78I was told that on one New Year's eve, when you were still 14 and after your stepfather’s death, you were seriously assaulted by a number of men when you were at a petrol station. As a result of this you were hospitalised at the Royal Children’s Hospital. You had to be placed in a coma and your mouth had to be stitched.

79Your mother, who was struggling with managing you and with her own grief, sent you to live with your natural father, a man with whom you had had no contact since you were five.  Your father was struggling with his own mental health issues and he was terribly violent toward you. On one particular occasion he caused you to suffer head injuries. On no occasion did you seek medical attention or go to the police as you did not want to get your father into trouble. After living with your father for a year, you returned to your mother and stayed with her until you were 18.

80You struggled at school, and you were bullied. You left school after commencing Year 11 and you undertook an apprenticeship as a pastry chef, which you completed, qualifying when you were 21.

81In all the relevant circumstances, I allow for the application of Bugmy principles in a general way so as to moderate the weight which would otherwise attach to general deterrence.  

82During your apprenticeship you moved out with a young woman who became pregnant. Unfortunately, she suffered a miscarriage at 12 weeks, and you separated soon thereafter. I was told that you struggled to manage your grief during this time and your ice use escalated. Your heavy drug dependence coincided with your increasing engagement in the criminal justice system.

83You told Sandra Cokorilo, psychologist, that you smoked cannabis on a daily basis from the age of 15 to 21, then moving to methamphetamine when your friends did. You told her that since you were 21 you have smoked 1.5 grams of methamphetamine daily and that since 2023 you had used 80 ml of GHB each day.

84Treatments in custody and in the community to help you abstain from drug use have not been effective.

85In written submissions your counsel observed that your prior convictions reflected an ongoing cycle of periods of incarceration, stints in the community where you maintained abstinence for a time and obtained employment whilst remaining offence free. You would then relapse into drug use which was said to be often triggered by stress and mental health deterioration.

86I was told that after you were released from custody in 2017-2018, you had resolved to remain abstinent and avoid further offending. You obtained employment in excavation and crane operation and embarked on a relationship with the victim. You and she bought a house in Pakenham.

87In 2020 you suffered four stab wounds to an arm and needed surgical intervention at a hospital. You have residual nerve damage from this attack.

88I was told that in 2022 you became aware of the National Redress Scheme, and you considered applying for compensation. I was told that you allowed yourself to recall the sexual abuse you had suffered at this time which became overwhelming for you.  This led to a deterioration in your mental health and you attempted suicide. You relapsed into drug use in 2023 and it was in this context that you committed the offences now before me.

89You are unsure as to the current status of your application under the Redress Scheme.

Verdins[3] – Limbs 1 and 5

[3]R v Verdins; R v Buckley; R v Vo (2007) 16 VR 269

90According to Sandra Cokorilo, psychologist, in her report dated 17 October 2024, you were diagnosed with PTSD in 2020 and you reported symptoms which were consistent with this diagnosis. She said that you had never received treatment for PTSD and that your symptoms intensified when you became involved in the National Redress Scheme. She also diagnosed you as meeting the criteria for stimulant and sedative/hypnotic use disorders at the time of the offending as you were abusing GHB and methamphetamine at that time.

91You are of the view that drugs have a good deal to do with your offending. I agree with you, albeit that it appears that these have been a form of self-medication in respect of mental health issues.

92I allow for a marginal reduction in your moral culpability in view of your impairment of mental function, being PTSD, in circumstances where it appears that you were self-medicating at the time, but your drug abuse was largely responsible for your offending behaviour. I make marginal reduction in the weight that would otherwise attach to general deterrence and punishment.

93I make marginal allowance in your favour because of your symptoms, which have and will make time in custody harder for you than it would otherwise be but noting that you have been in gaol on a number of previous occasions.

Plea of guilty and stage at which it was entered.

94You pleaded guilty to the charges after accepting a sentence indication that I gave.

95You proceeded by way of straight hand-up brief in the Magistrates Court indicating a plea of not guilty, but the matter resolved in respect of the charges before me after a sentence indication hearing. In these circumstances, I accept that the pleas of guilty were entered at a fairly early stage which entitles you to a fairly significant discount in the sentence you would otherwise receive as you have saved the witnesses the time and trouble of giving evidence, both in the Magistrates court and here, and you have saved the community the time and expense of contested proceedings.

96It was submitted that had it not been for the threat to burn down the house, your matters would have been dealt with in the Magistrates Court. I have had some regard to this submission which essentially goes to assessment of the seriousness of what you have done, but it is of limited assistance.  The fact of the matter is that this court is dealing with your offending.

97I have considered your letter to the court and the timing of your pleas of guilty on the question of remorse. I note that you previously provided a letter to another sentencing judge and expressed the wish or decision to rehabilitate. You say all the right things, Mr Jones, but this must be seen in the context of your past violent offending over a number of occasions.  It must also be seen in the context of your re-offending when you were released on bail for these matters.  In the end I accept that you are sorry for what you have done, but you need to do a great deal more in order to demonstrate this in any meaningful and insightful way.

98I understand that you are in a new relationship, and you plan to live with your new partner in Footscray when released. For her sake and for yours, Mr Jones, please behave yourself. You have shown that you are capable of holding down a job and making a go of things from time to time.  You also have a qualification that many people that I sentence do not have.  So, please, do what you can to engage in the community in a positive way, not a negative one.

99In all the relevant circumstances, I assess your prospects of rehabilitation as being guarded. I place strong weight on specific deterrence with marginal reduction in the weight that attaches to this in view of my Verdins allowance in respect of moral culpability. I place strong weight on protection of the community and on general deterrence, allowing for marginal reduction in respect of the latter consideration because of Bugmy and Verdins considerations.

100I previously gave a sentence indication that I would impose a maximum of 15 months' imprisonment, however, I was undecided as to whether a straight sentence or a sentence with a non-parole period was appropriate at an earlier stage. Ultimately, at the plea hearing your counsel submitted that a community corrections order plus a sentence of imprisonment was appropriate. The prosecution submitted that a head sentence with a non-parole period was appropriate.

101You are undergoing sentence in respect of the subsequent matters. On my calculation you have - and I was told today that your early release date would have been in April in relation to those matters - and you have 42 days by way of pre-sentence detention in respect of the matters before me. I must impose a sentence in respect of the matters before me that does justice to all relevant sentencing considerations, but I must also apply the principle of totality.

102At the plea hearing in December, I had acknowledged that I would need to consider the subsequent matters and the pre-sentence detention declared in respect of these, also acknowledging the relevance of the principle of totality.  Whilst I had said that you might ready yourself for release in the early part of this year, this was subject to knowing more about the subsequent matters and pre-sentence detention in respect of those.  Having learned more about these and the chronology of your re-offending, I am afraid that I cannot do justice to all relevant sentencing considerations by imposing a sentence which would see you released in the early part of this year.

103I had you assessed for a community corrections order, and you have been assessed as suitable. I have also factored in the report from the Mental Health Advice Referral Service for an assessment of you on 25 November 2024.

104In my view you and the community can benefit from you engaging in a community corrections order in combination with a gaol term.  However, as I indicated today, it will be toward the middle of the year, on my calculation, that you would be in a position to undergo such an order.

105You are convicted of the offences before me.

106I make the forfeiture order which is not opposed by you.

107In addition to a gaol term that I will announce in a moment in respect of the offences before me, you are to undertake a community corrections order, but I can only place you on this if you consent to such a disposition, so please listen carefully to the community corrections order that I propose:

108The order would run for a period of 12 months.

109The conditions of the community corrections order would be, firstly, the mandatory terms that apply to all community corrections orders, which are:

110You must not commit another offence for which you could be imprisoned during the time that the order is in force.

111You must comply with any obligation or requirement prescribed by Regulation 17 of the Sentencing Regulations 2011.

112In effect, this regulation prohibits the use of or possession of alcohol or drugs of addiction whilst attending the Community Corrections centre or for unpaid community work, if relevant, and also involves a requirement that you co-operate with Community Corrections in having your photo taken for the records kept by Community Corrections. Also, no alcohol is to be consumed at least eight hours before attending a Community Corrections centre or a location for unpaid community work.

113You must report to, and receive visits from, the Secretary to the Department of Justice, or his or her delegate.

114You must report to the Sunshine Community Corrections Centre before 4.00 pm within two clear working days of your release from gaol.

115You must let a Community Corrections officer know within two clear working days of you changing your address or job.

116You must not leave Victoria without first obtaining permission to do so from the Secretary to the Department of Justice, or his or her delegate.

117You must obey all lawful instructions from and directions of the Secretary to the Department of Justice, or his or her delegate.

118In addition, the conditions that apply in your case would be that:

Supervision

119You must be under the supervision of a Community Corrections officer for a period of 12 months.

Treatment and Rehabilitation

120You must undergo assessment and treatment including testing for drug abuse or dependency as directed by the Regional Manager.

121You must undergo mental health assessment and treatment including, but not limited to, mental health, psychological, neuropsychological and psychiatric treatment, and if necessary, such treatment or treatments to take place in a hospital or residential facility as directed by the Regional Manager.

Programs re offending

122Also, you must undergo programs or courses aimed at addressing factors relating to the offending as directed by the Regional Manager.

Monitoring

123Further, you are to attend this court from time to time to be monitored by me.  Your first appointment will be on Monday 8 September this year at 9.30 am. Ahead of each monitoring appointment, I will have Community Corrections provide a report as to how you are going on the order. You are not to be represented at these appointments as they are an opportunity for me to have a chat with you about your progress, and Community Corrections can also attend. If it is difficult to get into the city for these appointments, I ask that you let Community Corrections know with plenty of notice so a video link can be arranged, if I deem that that is appropriate.

124Now, having heard all of the conditions of the community corrections order that I propose, do you consent to the terms and conditions of the order?

125ACCUSED:  Yes, Your Honour. 

126HER HONOUR:  I should tell you that if you do not comply with all of the requirements of this community corrections order then you will face breach proceedings before me, you will be sentenced in relation to the breach and you will be re-sentenced in relation to the charges, in which case you may well be sentenced to a period of imprisonment . I would regard a breach of the community corrections order as a most serious matter, whether it be because of further offending or because of non-compliance with any of the other conditions of the order.

127Do you understand this?

128ACCUSED:  Yes, Your Honour. 

129HER HONOUR:  And do you still consent to the order?

130ACCUSED:  Yes.

131HER HONOUR:  All right.  So thank you for that.  Your consent to the making of this community corrections order has been audio-visually recorded and will be entered into the records of the court.

132In relation to the charges, you are therefore convicted and sentenced to the community corrections order in the terms and conditions that I have just set out. 

133In addition, you are sentenced to an aggregate term of imprisonment of six months to be served concurrently with the sentence you are undergoing, and I declare that you have already served 42 days by way of pre-sentence detention in relation to that sentence that I have imposed.

6AAA

134If not for your pleas of guilty, I would have sentenced you to a total effective term of three years, six months' imprisonment with a non-parole period of two years, six months.

135Is there anything arising.

136MR KELLY:  No, Your Honour. 

137MS ANASTASIOU:  Nothing from me, Your Honour.

138HER HONOUR:  Did you want to have a word with your client before we hang up the transmission.

139MR DE WITT:  No, Your Honour, that's quite all right, we'll have a conference separate to today, thank you.

140HER HONOUR:  All right.  Mr Jones, I'll see you in September, I hope to hear good news.  I think you're capable of making - - - 

141ACCUSED:  Okay - - - 

142HER HONOUR:  I hope you're going to really mean what you say in your letter this time and make a go of things, okay, when you're released.

143ACCUSED:  Thank you, Your Honour. 

144HER HONOUR:  Thank you, we'll now adjourn.

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