Director of Public Prosecutions v Jongkuch

[2019] VCC 285

IN THE COUNTY COURT OF VICTORIA Revised
(Not) Restricted
Suitable for Publication

AT MELBOURNE
CRIMINAL JURISDICTION

CR 16-00135

DIRECTOR OF PUBLIC PROSECUTIONS

v

EMMANUEL JONGKUCH

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JUDGE:	HER HONOUR JUDGE QUIN
WHERE HELD:	Melbourne
DATE OF HEARING:	8 March 2019
DATE OF SENTENCE:	8 March 2019
CASE MAY BE CITED AS:	DPP v Jongkuch
MEDIUM NEUTRAL CITATION:	[2019] VCC 285

REASONS FOR SENTENCE
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Subject: Contravention of Community Corrections Order
Catchwords:
Legislation Cited:
Cases Cited:
Sentence:

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms A. Ring	OPP
For the Accused	Ms J. Hughes	Papa Hughes Lawyers

HER HONOUR:

1Mr Jongkuch, when you were before me on 29 April 2016 I said this to you, "You should be aware that if you breach the community correction order by the commission of other offences or by failing to comply with the order, you will come back before me and I will be re-sentencing you in relation to these matters."  Now, that is that serious armed robbery that you committed at the BP in Laverton North that you had the machete. 

2At that time I was told that you had issues with alcohol, it had been your first time in prison, you had also had an extended time in prison for other matters that you ultimately were found not guilty of.  However, this is the second time you have come before me now on the breach.  It is concerning that it still seems that you have issues with alcohol and you get yourself into difficulties or fights, effectively, when you consume alcohol.

3You must understand that it is difficult for the courts to ensure that you do not take alcohol because it seems that when you do, you get yourself into trouble.  You have got your partner here today supporting you, you have one  son and another child coming.  You have complied significantly with the community correction order that has been in place since 2016. 

4What I am going to do is find the breach proven and I am going to vary the order that I made on 26 April 2016 to be for a period of four years, so that will give you another, about, 13 months or so on the order.  We will arrange for the order to be transferred to Melton so that is more convenient for you.  You will still be bound by all of those conditions and I will also include a condition regarding your use of alcohol.  I will just check the act to see exactly how that is to be appraised. 

5MS HUGHES:  It is 48 ‑ ‑ ‑

6HER HONOUR:  It is really an alcohol exclusions, is it not, it is 48J?

7MS HUGHES:  Yes.

8HER HONOUR:  You can sit down, Mr Jongkuch. 

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