Director of Public Prosecutions v Julius

[2024] VCC 1433

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

AT MELBOURNE
CRIMINAL JURISDICTION

DIRECTOR OF PUBLIC PROSECUTIONS

v

DEAN JULIUS (A PSEUDONYM)

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JUDGE:	HIS HONOUR JUDGE HIGHAM
WHERE HELD:	Melbourne
DATE OF HEARING:	11 September 2024
DATE OF SENTENCE:	11 September 2024
CASE MAY BE CITED AS:	DPP v Julius
MEDIUM NEUTRAL CITATION:	[2024] VCC 1433

REASONS FOR SENTENCE
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Subject:   CRIMINAL LAW
Catchwords:              Sentence – Theft – Burglary – guilty plea – Drug and Alcohol 
  Treatment Court – Rehabilitation
Legislation Cited:     Sentencing Act 1991 (Vic) ss 6AAA and 18(4)
Sentence:                 Drug and Alcohol Treatment Order, custodial part of 31 months

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms V. Kambouropoulos	Office of Public Prosecutions
For the Accused	Mr T. Acutt

HIS HONOUR:

1Dean Julius[1], you have pleaded guilty to:

(i)2 charges of theft (Charges 1 and 4) for which the maximum penalty is 10 years imprisonment; and

(ii)1 charge of burglary (Charge 3) for which the maximum penalty is 10 years imprisonment.

[1] A pseudonym

2Tendered as Exhibit 1 on the Determination Hearing was a Summary of Prosecution Opening which set out the agreed facts of your offending. In brief, the circumstances of your offending were as follows.

3On 1 June 2023, you attended a residential property at 12 Market Lane Horsham and located 2 motor vehicles, a 2018 Mercedes-Benz S350 D and a 2018 Mercedes-Benz GL C250 in the garage.

4You then contacted your co-accused Hunter Fabro[2] and told him of the vehicles you had come across, to which he replied, ‘one each … 16 minutes away’. Mr Fabro arrived in a Kia Rio at approximately 3:40 AM with another co-offender Natalie Steinberg[3].

[2] A pseudonym

[3] A pseudonym

5You and Mr Fabro entered the property via the garage and located the keys belonging to the Mercedes. You both left the property in the vehicles at approximately 3:52 AM. Ms Steinberg followed you in the Kia Rio.

6The vehicle you had taken was left hidden in the rear yard of 16 High Street, Horsham and was recovered the following day on 2 June 2023. Mr Fabro parked his stolen vehicle outside 28 Henry Street, Horsham and took 6 photographs, leaving in the Kia Rio. I was told on the Determination Hearing that this vehicle was recovered on 10 August 2023 in Altona North.

7After abandoning the vehicles, you and your co-offenders attended Latus Jewellers in the Kia Rio bearing stolen number plates. Ms Steinberg remained in the vehicle whilst you and Mr Fabro attempted to shatter the display window to gain access to the shop. You were unsuccessful in these attempts. You returned to the shop window and shattered the glass using a sledgehammer. You reached through the window and removed items of jewellery including:

(i)Seventy-nine rings;

(ii)Eight watches;

(iii)Two display boxes containing fitted rings; and,

(iv)Eighteen leather displays.

8CCTV footage in the area depicted the vehicle arriving at and leaving the scene and showed you and Mr Fabro exiting and re-entering the vehicle.

9On 2 June 2023, members of Victoria Police attended 1171 Geelong Road, Mount Clear and located Mr Fabro and Ms Steinberg. They were placed under arrest and conveyed to Ballarat Police Station.

10You were arrested later on 16 June 2023.  

11Police subsequently attended the home address of Mr Fabro and Ms Steinberg at 1601/1C Alfred Street Sebastopol to execute search warrants.

12Police located and seized the following items:

(i)3 x wrist watches;

(ii)1 x bracelet (silver);

(iii)1 x gold coloured ring;

(iv)1 x peter beck jewellery box containing 38 rings;

(v)1 x black bag;

(vi)1 x gold coloured ring with diamonds.

13You were remanded in custody on 16 June 2023. Your matter was committed to the County Court after a contested committal hearing, and on the 23 April 2024 was adjourned into the DATC for a Determination Hearing with your co-accused Hunter Fabro, heard on the 7 June 2024. On that date I deferred sentence under s 83(1A) (c) of the Sentencing Act (Vic) as a place had been found for you at Odyssey House (Hope Centre) and granted you bail.

14On 8 August 2024 I further deferred sentence and extended your bail to today. You have remained at Odyssey House and have progressed through the program. I have received regular updates as to your progress (Exhibit 11 and 12JC).

15Exhibit 3JC on the Determination hearing was a Case Management assessment report dated 24 May 2024 from Lauren Rimmer. Exhibit 4JC was a Clinical Advisor assessment report dated 24 May 2024 from Mr Terry Sequeira. I also received a psychological report from Ms Gina Cidoni (Exhibit 8JC) dated 13 April 2023, prepared for an earlier court matter, and your criminal record.

16Taken together these documents set out your personal narrative and your mental health, forensic and substance use history and, where appropriate, made recommendations for treatment.

Personal Circumstances

17I turn now to your personal circumstances.

18You were born in Yarram in 1992, the middle in a sibship of three and are now 32 years of age. You were 30 at the time of this offending.

19Your parents were both intravenous heroin users (you report your father introduced your mother to illicit substances), and they were often incarcerated for substance related offending.

20Your father never worked and was a perpetrator of family violence. You have an early childhood memory of visiting your mother in gaol. Your parents were quite simply incapable of parenting you.

21You first entered the foster care system at the age of two. From then on, your childhood and adolescence was framed by constant placements, either in foster homes or with your grandmother. Lacking any stability or continuity of care, (you recall up to 30 placements), you describe feeling neglected and abandoned as a child. You do however fondly recall one placement on a farm that lasted for four years: in your words my foster carer was ‘like a mother to me’.

22The end of this placement was traumatic for you, and you blame child protection services ‘for messing me up’.

23Tragically your mother died from a heroin overdose when you were aged eight. You report a close bond with her before her death. You had no contact with your father between the ages of 14 and 19 but reconnected with him and worked together for a period of time on fishing trawlers.

24This connection did not last. Your father died when you were 26 at a time when you had again ceased contact. You maintain regular contact with your older brother but have no contact with your sister.

25You report excelling academically, regularly achieving proficiency in mathematics reading and writing. You were bullied at school for your apparent lack of grooming and poverty. In response you lashed out, leading to numerous suspensions. You dropped out halfway through year nine.

26You left the foster system at the age of 14 and entered residential care in Horsham where you remained for two years. You describe yourself as very naïve, being easily led by other children. It was here that you were first exposed to alcohol, cannabis, and crime. At the age of 16 you moved in with your sister and her boyfriend, who you describe as a ‘career criminal’, and who you came to admire and imitate. In this environment you come  to view crime as a legitimate means of supplying your material needs including your escalating substance use (Exhibit 8JC).

27You moved with your sister to South Australia, then experienced homelessness, and at times you were living in cars for weeks on end. You returned to Victoria where you have mainly been in custody. You speak of a complete lack of stability and support and therefore ‘relied on substances to fend for yourself.’  You readily report engaging in trafficking and antisocial behaviour over the years to subsidise your substance dependency (Exhibit 4JC).

28Your first intimate relationship was with Ellie[4] at the age of 16, which lasted two years, and was characterised by substance use and verbal confrontations. At the time of Ms Cidoni’s report in 2023 (Exhibted 8JC) you were in a relationship with Alexis[5]. You described her as ‘amazing, not judgmental and my only support.’ In 2020 she gave birth your first child, however you no longer have contact with Alexis.

[4] A pseudonym

[5] A pseudonym

29As to your substance use history (Exhibit 4JC) you began regular weekend use of MDMA between the ages of 15 and 19 which you describe as normalised behaviour amongst your peer group and home environment. You were introduced to methamphetamine by your sister’s partner when you were 16 and progressed to peak usage of up to a gram a day. You first used heroin at the age 21 and GHB at the age of 22. You report use of illicit buprenorphine during past custodial terms to manage your cravings.

30Your extensive and highly relevant criminal record confirms this narrative. Your first court appearance was in 2011, in South Australia. Your interstate criminal history includes aggravated burglaries, thefts, driving and Bail Act offences. Since 2015 you have been sentenced in Victoria to community-based orders and multiple terms of imprisonment for offending including dangerous driving, thefts, thefts of motor vehicles, handling stolen goods, criminal damage, proceeds of crime, burglaries, robbery, possession of drugs of dependence, contravening family violence intervention orders and Bail Act offending.

31The Community Correction Orders have been cancelled for both on order offending and non-compliance. This index offending was committed but seven weeks into the operation of a Community Correction Order. Whilst of course you do not fall to be sentenced again for matters in respect of which you have already been dealt with by the courts, your criminal history does impact my assessment of the need for specific deterrence, your prospects of rehabilitation, your moral culpability and the need to protect the community from you.

32Ms Cidoni (Exhibit 8JC) referred to an earlier report (2020) by Aaron Cunningham where you were described as ‘institutionalised’, a great concern for someone of your age. Absent a full-scale IQ score, she noted your verbal reasoning abilities in the borderline range, with an ability to sustain attention, concentrate, and exert mental control in the average range. She indicated a strong likelihood of an ADHD diagnosis and noted relevant assessment scores consistent with borderline personality disorder. She noted:

‘Having a low verbal IQ impacts his ability to understand and communicate effectively with others. This may make it more difficult for him to express his thoughts and feelings, which can lead to frustration, social isolation, and miscommunication. Additionally, it may be challenging for him to fully comprehend the information provided to him, particularly if it is complex or technical…. His negative experiences during childhood have led to the development of PTSD and the formation of borderline traits, which resulted in maladaptive coping in adulthood and ongoing daily problems. Foster care and multiple placements were challenging as he experienced disruptions in attachment and instability in his living arrangements’.

33She also stated:

‘His risk of reoffending is heightened as a result of his substance abuse and ongoing vulnerability in terms of relapsing when he was in the community. Factors like unstable accommodation and propensity to reconnect with unhelpful peers are also risk factors.

34She concluded that you required intensive drug treatment, ideally in a residential or day have setting as you remain vulnerable to relapsing.

‘He lacks depth of understanding about the severity of his drug addiction and may underestimate the difficulty of giving it up’.

35Ms Rimmer confirmed your significant childhood adversities, including family violence and parental drug misuse, instability, grief and loss. As to the index offending you told Ms Rimmer you and Mr Hunter Fabro have known each other for years. You were released from MRC with no support and managed to access your Centrelink payment. You went to Ballarat and smoked some methamphetamine whilst trying to find somewhere to stay. You ended up in Werribee and went on a “bender”. You missed court and then ‘…was on the run. I ended up catching up with Billy and we committed our crimes’.

36You planned to sell the stolen cars to a drug dealer for gear although there was no ‘planned-ness’ about it. The theft of the jeweller’s store was ‘…a spur of the moment thing, for money for drugs’, the intent being ‘to sell it to other drug dealers for ice’. You never think ‘in the moment’ about the impact of your crimes on the victims. You describe yourself now as remorseful.

37Ms Rimmer recommended you as suitable for a drug and alcohol treatment order, although not without reservations. She noted positively your reported independent living skills such as cooking and budget management with small financial means during imprisonment, some employment history, and some education history.

38She added:

‘It is also imperative to note that during the assessment interview Mr Julius minimised his offending history, stating he was doing good prior to this offending and that his previous offending was small. He also spoke with little depth of remorse for his crimes; his response when asked about the victims of his crimes appeared rehearsed.

39Your lack of accommodation and your self-reported history of relapse in the community due to lack of stable housing led Ms Rimmer to support an immediate entry into a residential rehabilitation program.

40Mr Sequeira noted that:

‘He appeared to be minimising his use on occasion and presented with limited understanding and insight into the nature of his dependency. However, he noted a lack of stability, transience, and limited supports in the community as the primary reason for ongoing dependency.’

41You believed that a residential treatment program would not be useful given your current abstinence in custody but were prepared to engage in such treatment if you struggled with abstinence in the community. This can be seen as indicative of your lack of insight. He noted your difficulty in presenting an accurate timeline of events.

42Mr Sequeira was of the opinion that you would have satisfied diagnostic criteria for stimulant use disorder at the time of the offending, severe in nature and currently in sustained remission in a controlled environment with the assistance of pharmacotherapy.

43However, he continued:

‘Mr Julius struggled to identify prosocial supports in the community and disclosed a history of relapse due to lack of stability and transience. He presented with limited understanding of the challenges of transitioning into the community after abstinence in a controlled environment. He expressed hesitancy to engage in residential rehabilitation and presented with limited insight regarding barriers, substance dependency and recovery in the community’.

44The conclusion was that you would benefit from an episode of residential rehabilitation at the start of any Drug and Alcohol Treatment Order:

‘Engaging in the treatment would assist Mr Julius to understand his triggers, develop emotional regulation skills along with gaining insight into his substance use within a therapeutic setting.’

45This also concurred with Ms Cidoni’s recommendation and that of Ms Rimmer. As indicated above, you have been pursuing a course of residential treatment since 13^th June 2024.

Purposes of a Drug and Alcohol Treatment Order (DATO)

46The particular purposes of a DATO are[6]:

(i)to facilitate the rehabilitation of the participant (offender) by providing a judicially-supervised, therapeutically-oriented, integrated drug and alcohol treatment and supervision regime;

(ii)to take account of the offender participant’s drug or alcohol dependency;

(iii)to reduce the level of criminal activity associated with drug or alcohol dependency;

(iv)to reduce the participant’s health risks associated with drug or alcohol dependency.

[6] S18X(1) Sentencing Act

47Mr Acutt on your behalf submitted that such a disposition was an appropriate disposition in your circumstances and the circumstances of this offending.

48Ms Kambouropoulos conceded on behalf of the Director that it was open to the court to adopt such a course.

Objective gravity

49The offences of burglary and theft involve a complete disregard for the property rights of others. This is reflected in the maximum penalty of 10 years imprisonment that Parliament has seen fit to impose. Some seven weeks after your most recent release from prison and being placed upon a further C.C.O. you entered a residential property, and, discovering two relatively high-end Mercedes, you messaged your co-accused who came shortly thereafter. Each of you then drove a vehicle away (Charge 1).

50Later that night you attended at the local jewellery store, eventually breaking the glass with a sledgehammer and grabbing what items of value you could before making your getaway. I do note that on the plea, submissions were tentatively made as to the appropriate measure for assessing the value of the loss: wholesale or retail. What is clear is that your offending caused a significant loss, measured in the thousands of dollars to a local business, with a wholesale value of around $60,000. There was also the loss of business opportunity of selling the goods at the Recommended Retail Price.

51The offending required some degree of planning and was quite brazen in its execution. Small businesses and individuals must be protected from such offending which feeds into the community’s sense of unease and genuine concern.  As you candidly admit almost immediately upon your release you relapsed and then, in your words, went on the run. You met up with Hunter (your co-accused) and committed these crimes – intending to sell what you gained for drugs. That may be the context for your offending, but it cannot excuse it. Your moral culpability for the offending is plain.

General principles

52Mr Julius in sentencing you I must have regard to a range of different factors. I must give effect to the principal of general deterrence that is, to deter others from behaving as you did, and to specific deterrence, that is to deter you from ever repeating such offending. I must consider the need to protect the community. I must express the community’s denunciation of your conduct.  I must take into account the effect of your crimes upon the community. I must have regard to current sentencing practices and the statutory maximum penalties for the offences to which you have pleaded guilty. I must ensure as far as possible that you are rehabilitated and reintegrated into society.  In short, I must try to balance your personal circumstances with the circumstances of your offending. I must also pass no greater sentence than is necessary in all the circumstances of the case as I find them to be.

53These sentencing purposes as identified in S 5(1) Sentencing Act are all still enlivened in your case. Clearly general and specific deterrence, just punishment and protection of the community from your continued offending all loom large in the sentencing process. However, if the court is considering making a DATO then your rehabilitation and the protection of the community (achieved through your rehabilitation) have greater importance than those other sentencing purposes.[7]

[7] S 18X(2) Sentencing Act

Findings

54On all the material in front of me I am satisfied on the balance of probabilities that:

(i)you have a substance dependency (methamphetamine)

(ii)that your dependency contributed to the commission of the offending in front of me

(iii)that otherwise it would be appropriate to impose an immediate sentence of imprisonment of no more than four years and

(iv)that you are not charged with offending nor are you subject to any order that would make you ineligible for a DATO. 

(v)that it is appropriate in all the circumstances to make such an order.

Reasons

55I have regard to your plea of guilty, which brings with it the utilitarian benefit of saving the community the time and expense of a trial and further indicates a willingness to facilitate the course of justice. It may also be an indication of remorse, only time will tell. 

56I have regard to your disrupted and disadvantaged childhood, a childhood in name only characterised by loss, abandonment and instability. Such an upbringing has left you long lacking in that skillset and sense of self necessary to cope with life’s ups and downs.

57I have regard to your early introduction to methamphetamine and pro-criminogenic values, which has meant that you struggle to lead a pro-social life when back in the community.

58Looking at your forensic history, it is clear that neither prison nor past community-based orders have enabled you to achieve a drug and offence free life which you now identify as a goal.

59I have regard for the time that you have spent at residential rehabilitation and the progress you are demonstrating as is evidenced by Exhibits 11 and 12JC.

60You identify goals to Ms Rimmer: you need assistance and support in achieving them. I am persuaded it is time to give you the opportunity of an intensive treatment and supervision regime that a DATO represents.

Sentence

61Charge 1, 3 and 4 you are convicted and placed upon a Drug and Alcohol Treatment Order.

62A DATO has two parts: the treatment and supervision part and the custodial part. The treatment and supervision part itself has two parts, which are as follows.

63The core conditions, which are that:

(a)   you must not commit, whether in or outside of Victoria, another offence punishable on conviction by imprisonment during the time the Order is in force;

(b)   you must attend Drug Court when required by the Court to do so; 

(c)   you must report to the Melbourne Drug Court House within two clear working days after the Order is imposed; 

(d)   you must report to and accept visits from members of the Drug Court;

(e)   you must undergo treatment for alcohol and drug dependency as specified in the Order or by the Drug Court;

(f)    you must give notice of any change of address, at least two clear working days before the change, to a specified Drug Court officer;

(g)   you are not to leave Victoria without the permission of the Drug Court; and

(h)   you are to obey all lawful instructions from the Drug Court Team. 

64The core conditions will operate for 31 months, or until further order.

65The program conditions, which are that you must: 

(a)   comply with the Individual Treatment Plan dated 5 September 2024 and signed by you on 11 September 2024

(b)   submit for drug and alcohol testing AS DIRECTED

(c)   submit to detoxification or other treatment specified in the order AS DIRECTED

(d)   attend vocational, educational and employment programs AS DIRECTED

(e)   submit to medical, psychiatric and psychological treatments AS DIRECTED

(f)    must not contact Hunter Fabro

(g)   not associate with Hunter Fabro, outside of your required attendance at Drug Court House and at Drug Court

(h)   reside at Odyssey House (Hope Centre) 455 Princes Highway Lucknow 3875 for until further order

(i)    comply with a curfew that you remain at the address Odyssey House (Hope Centre) 455 Princes Highway Lucknow 3875 between the hours of 9:00 PM and 6:00 AM. This curfew is required until further order.

(j)    comply with an exclusion zone of Ballarat

(k)   not use a drug of dependence without lawful authorisation

(l)    abstain from alcohol

(m)     not to exit the Odyssey House (Hope Centre) program without prior consultation with your clinical advisor, and without prior approval from a DATC Judge.

(n)   not to leave Odyssey House (Hope Centre) 455 Princes Highway Lucknow 3875, save for in the company of an Odyssey House (Hope Centre) Community worker and for approved therapeutic purposes;

(o)   to follow all lawful directions of staff members at Odyssey House (Hope Centre);

(p)   save for when you are residing at Odyssey House (Hope Centre), you must only have one mobile phone, and inform the Drug and Alcohol Treatment Court if you change your phone or phone number and reasons for the change;

(q)   save for when you are residing at Odyssey House (Hope Centre), you must only access the internet through one Device, which is nominated within 7 days, and inform the Drug and Alcohol Treatment Court if you change Devices and reasons for the change;

(r)   must allow a designated Drug and Alcohol Treatment Court officer to view upon request at any time your internet search history and applications;

(s)   must not delete internet search history or any applications without express prior permission of the Drug and Alcohol Treatment Court Team;

(t)    must not drive a motor vehicle;

(u)   do or not do anything else that the Drug Court considers necessary or appropriate concerning:

(i)your drug and alcohol dependency; and

(ii)the personal factors that the Drug Court considers contributed to your criminal behaviour

66These program conditions will operate for 31 months, or until further order. 

67The custodial part of the DATO is the term of imprisonment that I would have imposed had I not placed you on a DATO, and it is a term of imprisonment of 31 months. That is made up as follows:

(i)Charge 1: 11 months

(ii)Charge 3: 16 months

(iii)Charge 4: 22 months

68I order that 5 months of charge 3 and 4 months of charge 1 run cumulative to each other and cumulative to sentence on charge 4. This makes a Total Effective Sentence (TES) of 31 months.

69Pursuant to s6AAA, had you not pleaded guilty you would have been sentenced to a total effective sentence of 3 years and 11 months, with a non-parole period of 2 years and 10 months.

70Pursuant to s 18(4) of the Sentencing Act 1991, I declare that Dean Julius has served 363 days of pre-sentence detention.

71Now, you are also at this point waiving all rights of confidentiality of communications between the Drug Court on the one hand and on the other hand, all treatment providers, all Government agencies, authorities and Departments.  Do you understand what you are doing, Mr Julius?

72OFFENDER:  Yes

73All right, now I am going to ask you a question, Mr Julius.  Do you consent to being placed on a drug and alcohol treatment order?

74OFFENDER:  Yes I do, Your Honour.