Director of Public Prosecutions v Kabrovski
[2023] VCC 1782
•28 September 2023
| IN THE COUNTY COURT OF VICTORIA | Revised Not Restricted Suitable for Publication |
AT MELBOURNE
CRIMINAL JURISDICTION
CR 23-00578
CR 23-00579
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| DENI KABROVSKI ROBERT MUSCAT |
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JUDGE: | HER HONOUR JUDGE DALZIEL |
WHERE HELD: | Melbourne |
DATE OF HEARING: | 15 September 2023 |
DATE OF SENTENCE: | 28 September 2023 |
CASE MAY BE CITED AS: | DPP v Kabrovski & Anor |
MEDIUM NEUTRAL CITATION: | [2023] VCC 1782 |
REASONS FOR SENTENCE
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Subject: CRIMINAL LAW
Catchwords: Guilty pleas – one charge of intimidation or reprisal relating to involvement in a criminal proceedings – one charge of common assault – history of drug abuse – one accused excellent prospects of rehabilitation
Legislation Cited: Crimes Act 1958 (Vic)
Cases Cited:
Sentence:DK: Total effective sentence of 13 months. Non parole period 7 months.
RM: 2 year Community Correction Order with 450 hours of unpaid community work.
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APPEARANCES: | Counsel | Solicitors |
| For the Director of Public Prosecutions | Ms E. Phillips | Office of Public Prosecutions |
For Accused Kabrovski | Mr C. Nikakis | Haines & Polites Lawyers |
For Accused Muscat | Ms L. Ristivojevic | Marcevski Lawyers |
HER HONOUR:
1Deni Kabrovski and Robert Muscat, you have each pleaded guilty to one charge of intimidation or reprisal relating to involvement in a criminal proceeding and one change of common assault.
Offending
2The prosecution filed a detailed outline of the facts alleged, which was not in dispute. I will sentence each of you on the basis of the facts set out in that summary, although the facts that I will now describe are a shortened version of the summary of prosecution opening.
3Charges 1 and 2 are each a charge of intimidation or reprisal towards a witness involved in a criminal proceeding. Deni Kabrovski, the charge against you is on the basis that you procured intimidation of Ms Baksmaty, and against you, Robert Muscat, that you contacted Ms Baksmaty repeatedly at the behest of Mr Kabrovski.
4Mr Kabrovski was involved in a relationship with Ms Baksmaty from January to April 2022. On 6 June 2022, a final family violence intervention order was made by the Heidelberg Magistrates' Court where Ms Baksmaty was the protected family member and Mr Kabrovski was the respondent. This order was served on Mr Kabrovski on 20 June 2022.
5Mr Kabrovski was arrested for various breaches of the family violence intervention order on 6 July 2022 and was remanded in custody. On 14 March 2023 he was sentenced on the following matters:
·two unlawful assaults;
·aggravated assault of a female;
·persistent contravention of a family violence intervention order;
·two charges of contravening a family violence intervention order;
·stalking another person;
·criminal damage;
·two charges of careless driving;
·two charges of entering an intersection against traffic signal; and
·using a carriage service to harass.
6Mr Kabrovski was sentenced to 251 days' imprisonment, reckoned as time served, and fined for the driving offences. I was told that Ms Baksmaty was the victim of the offending save of course for the driving offences. I have set out those charges and the sentences, as they are relevant to Mr Kabrovski's understanding of the impact of his offending, in Charge 1, on Ms Baksmaty.
7Whilst in custody, Mr Kabrovski and Mr Muscat had frequent contact by telephone and also over Internet platforms. These services were part of the facilities provided by the various custody centres to facilitate communication during and following the worst of the pandemic. Only the telephone calls were recorded, and so the prosecution case is based on those calls although it is apparent from some of the calls that matters relevant to the charges were discussed in the unrecorded communications.
8Charge 1 against Mr Kabrovski commences on 15 July 2022. On that day, he had a phone conversation with Mr Muscat about Ms Baksmaty attending court to have the intervention order removed. Mr Kabrovski said that once she did that, there would be no reason for him to remain in custody, as there was no other evidence than hers. Mr Muscat said he would follow up with the lawyer and call Ms Baksmaty again.
9On 17 July 2022, the two men spoke about contact Mr Muscat had had with Ms Baksmaty, that he expected Mr Kabrovski's lawyer would be in touch with her, and that Mr Muscat was to give some suggestions to Ms Baksmaty to assist Mr Kabrovski.
10This first day of Charge 2, 21 July 2022, Mr Muscat sent three text messages to Ms Baksmaty, and another the next day.
11On 23 July 2022, Mr Kabrovski asked Mr Muscat for an update on his contact with Ms Baksmaty and was told that Mr Muscat had not been able to get hold of her. Mr Kabrovski expressed concern because his next court date was in a week.
12On 25 July 2022, Mr Muscat told Mr Kabrovski that Ms Baksmaty would not cooperate and was being relocated. He said she cannot and will not help. Mr Kabrovski said he might get Mr Muscat to use Facebook, presumably to contact Ms Baksmaty. Later that day, Mr Muscat told Mr Kabrovski that he had gone to see Ms Baksmaty and she did not want to cooperate with him. He said 'everything had changed' since he first spoke to her, and it was a waste of his time, going to see her.
13Over the ensuing days, Mr Muscat called Ms Baksmaty four times.
14On 1 August, the two men spoke. Mr Kabrovski asked Mr Muscat to keep trying to contact Ms Baksmaty. Mr Muscat said she had told him she wanted some space. Mr Kabrovski urged him to keep trying. The next day, 2 August 2022, Mr Kabrovski told Mr Muscat that he had tried to contact Ms Baksmaty, but she was avoiding his calls. He said he would continue to call her.
15On 2, 3, 4 and 5 August 2022, Mr Muscat called Ms Baksmaty nine times and sent her 12 text messages. On 7 August, Mr Muscat told Mr Kabrovski that Ms Baksmaty had cancelled the plan to meet him that Friday, that he and Ms Baksmaty had spoken about Mr Kabrovski's court case and him applying for bail. Mr Kabrovski mentioned he had been thinking of writing to her but had decided not to do so, as, 'It's fuckin' probably not the fuckin' smartest'.
16On 9 August, Mr Kabrovski again asked Mr Muscat to contact Ms Baksmaty, to 'try and see if we can fucking get some going there'. Mr Muscat called Ms Baksmaty once the next day and again the day after. Then, on 12 August 2022, Mr Muscat reported to Mr Kabrovski that he had spoken to Ms Baksmaty and she was being 'pig-headed' and 'stroppy'. Mr Kabrovski asked if a particular person had been there and told Mr Muscat:
Bro, get me on the fuckin' blower to 'em and tell her I'm gunna fuckin' lose my shit now ... fuckin' have a go at 'em, bro ... tell her I'll fuckin' – I'll – I'm going to lose my marbles now.
17On 16 August, Mr Muscat called Ms Baksmaty twice and sent one text message. On 17 August, he called her 15 times and sent 20 text messages.
18On 22 August, Mr Muscat sent three messages to Ms Baksmaty and called her once. Later that day, he spoke to Mr Kabrovski, telling him that everything was done on his end, he had spoken to Ms Baksmaty, and, 'Everything's been sorted, bro'.
19On 23 August, Mr Muscat called Ms Baksmaty twice and then called her again and sent her a message on 25 August.
20Charge 3 occurred on 27 August 2022. At around 4 am, he went to Ms Baksmaty's home. He started banging on the door and identified himself as Mr Kabrovski. Ms Baksmaty was surprised that Mr Kabrovski would be there, and she opened the door. Mr Muscat said he was there, as she needed to speak to Mr Kabrovski's lawyer about the bail application which was coming up.
21Ms Baksmaty let Mr Muscat into her home. He told her that Mr Kabrovski would be going to gaol for a long time, that he (Mr Muscat) would be around, and Ms Baksmaty would be okay if she listened to him. Ms Baksmaty told Mr Muscat to leave. He then grabbed her by the shoulders and pushed her towards the living room. He pushed her into the coffee table, causing her to hit her head. She suffered a bloody nose and two lumps on her forehead. Mr Muscat then jumped on top of her and held her down. Ms Baksmaty's
12-year-old daughter was woken by the noise and went into the living room. Mr Muscat then got off Ms Baksmaty and left the house. The physical attack on Ms Baksmaty is the subject of Charge 3, assault. Ms Baksmaty's injuries were photographed, but she did not seek medical attention. I note that although injuries were caused, each man has pleaded guilty to assault rather than intentionally or recklessly causing injury.22Later that same day, Mr Muscat called Ms Baksmaty three times and sent two text messages. Those calls and messages are part of Charge 2. The next day, he called her three times and sent one text message.
23On 29 August, Mr Muscat called Ms Baksmaty. After that call, he spoke with Mr Kabrovski. Mr Kabrovski asked Mr Muscat if he could get Ms Baksmaty to attend the bail hearing, as it would help him. Mr Muscat said that as far as he knew, she was doing so. Once that discussion was over, Mr Muscat called Ms Baksmaty twice.
24The next day, he told Mr Kabrovski that he had not been able to contact her regarding the family violence intervention order. He said he had called three times and sent messages. Mr Kabrovski told him to keep trying. Mr Muscat called her twice. Later that same day, 30 August, the two men spoke again. Mr Muscat told Mr Kabrovski that Ms Baksmaty had been putting him off. Mr Kabrovski expressed frustration at what was going on.
25On 31 August 2022, the last day of the charge, Mr Kabrovski and Mr Muscat discussed Ms Baksmaty attending an appointment with the lawyer. He told Mr Muscat to take her there. Mr Muscat said that Ms Baksmaty was making contact, and he would call her now. He made nine calls to her that day and sent five text messages.
26The next day, Ms Baksmaty messaged Mr Muscat and told him that she had spoken to the solicitor.
27The day after the assault on her, Ms Baksmaty had spoken to the police. Her disclosures were captured by the body-worn camera of one of the officers. She said she had been contacted by a person who said he was a friend of Mr Kabrovski and told that she needed to go and see Mr Kabrovski's lawyer. Mr Muscat had told her Mr Kabrovski would be 'in for a long time, that I have to follow him and shut my mouth. As long as I do what I'm told, I'll be all right'. Mr Muscat had told her he was going to stay at her home. She told him he could not and asked him to go. Mr Muscat said, 'You don't ask me to leave. I pick and choose when I come and go', or words to that effect.
28Mr Muscat was arrested and interviewed on 4 September 2022. He answered 'no comment' in the interview, as was his right. Mr Kabrovski was not interviewed.
Personal Circumstances
Deni Kabrovski
29Deni Kabrovski, you were born in December 1985. You were 36 at the time of the offending. Prior to 2020, you were an air conditioning plumber and had established a very successful business. You started your own business at age 27, and within five years, that business had a turnover of $2m and employed up to 15 people. In 2020, as your business was growing more and more, the pressure to succeed, coupled with complex relationship issues, pushed you back into drug abuse.
30Your drug use had commenced when you were 18 years old. You started using cannabis and then moved on to harder drugs including ecstasy, amphetamines and cocaine. Initially, your methylamphetamine use was recreational, but soon it turned to daily use.
31You have a history of suicidal behaviours when you were younger by deliberate overdose, including one instance in 2012 when you were hospitalised and became a patient at the Austin Hospital psychiatric ward. You said that this event motivated you to remain abstinent from drug use of any kind, and you did remain abstinent until 2020. It seems that the eight years between 2012 and 2020, when you were abstinent, is when your business flourished. However, since 2020, you have been in and out of custody, and you made the decision to cease operating your plumbing business.
32I was told that prior to June 2022, you had been keeping clear of Ms Baksmaty in compliance with the earlier family violence intervention order. When that order expired, apparently Ms Baksmaty did not want it to be renewed. By July 2022 however, she had made complaints to the police about you, and your home was searched. You were charged and pleaded guilty straight away. The police then applied for another family violence intervention order, and an interim order was made protecting her. Despite that order, you visited her, and after a loud argument, the police were called.
33After your arrest and for unknown reasons, you had a seizure and were in a coma for three days. You have always been on bail for these matters until the plea hearing when I remanded you in custody.
34In June 2023, Ms Baksmaty took steps to have the family violence intervention order removed. Police then sought and obtained an order in July 2023, which was varied on 5 September so that you could have contact with each other. On 5 September this year, you pleaded guilty to some breaches of the order and received a sentence of 30 days, which was met by pre-sentence detention. You were assessed as suitable for the Men's Behavioural Change program and given a start date. As you are now on remand for these charges, you could not start that program.
35Your criminal history involves driving-related matters in the mid-2000s. In late 2020, however, the character of your offending before the courts changed. In November of that year, you were sentenced on charges of using a carriage service to harass, stalking and persistent breach of a family violence intervention order. In July 2021, you were again sentenced for stalking and persistent breach of a family violence intervention order. On that occasion, you were sentenced to 90 days' imprisonment. Around four months later, you were back before the court for stalking, persistent breach of a family violence intervention order and obtaining property by deception. You received a further four-month sentence and another Community Correction Order.
36Your lawyer described your reasons for the family violence offending as having difficulties with relationships and coping with rejection. As to your reasons for the offending which is before me, I was told that you were having trouble accepting that you were in custody again and that you had been brooding over your situation, leading you to try to take steps to improve it.
Mental Health
37More recently, you have been seeing a private psychologist and have reported a diagnosis of depression and anxiety for which you are now taking daily medication. You apparently find both the medication and seeing the psychologist helpful.
38I had you assessed for a Community Correction Order in view of the submissions by your lawyer for a combination sentence. As part of that assessment, a report regarding your mental health was prepared. In that report, the voluntary psychiatric in-patient period of five days in 2012 was noted. You had been suffering from severe depression at that time, with self-harm, again due to relationships problems.
Prospects of Rehabilitation
39It is concerning that as a man with a fairly limited criminal history up until 2020, that in the space of three years, you accumulated multiple periods of imprisonment for family violence offending. In that time, you were also sentenced to two Community Correction Orders, which you breached. Both Community Correction Orders had conditions for the Men's Behavioural Change program or similar. In December 2021, you were assessed as not suitable for the 'Problem Behaviour Program' but recommended for private psychological counselling and the Kickstart program.[1]
[1]MHARS assessment, p2.
40You have other factors in your life and history which are positive – your work history and your lack of significant offending prior to the age of 35 or so show that you can live a normal, productive life.
41You clearly need to address your difficulties with relationships, your drug use and your behaviour in the face of conflict with partners. You have to understand that court orders should be obeyed. It is a positive thing that in the short time on remand for these charges, you have recently completed a six-hour course called Tuning into Respectful Relationships, run by Anglicare.
42If you can address the underlying reasons for your offending, then you can go back to a productive and useful life. Until you do so, however, you face the very real prospect of further charges and sentences. According to the mental health assessment, you are motivated to cease using methylamphetamine and to focus on your business and personal life in a positive way.
43Another positive factor for you at present is that Ms Baksmaty supports you. That is a relevant factor to your personal circumstances. I have not heard anything that she has to say about disposition, and I would not be able to take that into account in any event.
Robert Muscat
44Robert Muscat, you were born in June 1984 and were 38 at the time of the offending. You are now 39.
45You had an unexceptional upbringing. You grew up in a happy and stable home environment with the support of family and members of your community. Your mother is now 66. She is in good health and works as a fitness instructor. Your father is now 70. He was diagnosed with prostate cancer at age 54, and he attends regular medical appointments to monitor his health. You have a particularly close relationship with your father, describing him as your rock and best friend.
46You attended Sunshine Technical College to Year 12. You then started working as a plasterer and have been in consistent employment since the age of 17 in that trade. You work hard as a plasterer, working long hours, usually six days a week.
47When you were around 18 years old, you used amphetamines recreationally in the night club scene and whilst socialising on the weekends. In your 20s, you used ecstasy and cocaine on the weekend. The drug use led you to gambling, which caused you to incur a lot of debt. When this occurred, you decided to become drug-free so you could save money to buy yourself a home. By your report, you do not presently have any issues with the abuse of drugs or alcohol.
48Your friends and family, and your employers have provided many references for you on the plea. These references tell of your close connection with your family and that you have shown deep remorse and regret for this offending. You are described as kind-hearted and compassionate, and it is said that these charges are out of character compared to the person they know. Your referees write of a decline in your mental state and motivation linked to your stress and concern about the charges and likely outcome.
49You have one minor and irrelevant driving prior from 2007.
50Regarding your mental health, the Community Correction Order assessment I requested included a mental health review. You reported lowered motivation and energy and lack of interest in socialising and engaging in your usual pursuits. Whilst there was not a formal diagnosis, it appears that you have been experiencing symptoms of depression in the face of these charges and your concern about them and the outcome. You also reported having long-term low self-esteem and confidence. You have had past counselling, but you did not establish a relationship with the counsellor that gave you the motivation to continue. The author considered that you would benefit from psychological treatment to assist you in better managing your mood, self-esteem and emotions.
Prospects of Rehabilitation
51Mr Muscat, I consider you have excellent prospects of rehabilitation. You have had very little contact with the law before this offending and lived a
prosocial life, working and engaging with friends and family. You were able to escape the lure and dangers of drug use and to focus your energies on working and saving, with the intention of building your own home. This demonstrates some strength of character and that your goals are normal and healthy.52You continue to have the support of your family, friends and employer. I hope you have learnt the lesson of not blindly doing what a friend wants and that loyalty needs to be tempered by good judgment.
Pleas of Guilty and Remorse
53The charges against each of you resolved on 12 April 2023 at the committal hearing, with no witnesses being cross-examined. I was told that Ms Baksmaty failed to attend that hearing.
54I accept that the resolution of the charges to pleas of guilty gives rise to considerable mitigation of sentence for both of you, and that this is more so in the context of the ongoing impact of the pandemic on the court's list.
55In respect to Mr Kabrovski, there is no other indication, other than your pleas, of remorse.
56Regarding Mr Muscat, I accept that your pleas are an indication of remorse, and also take into account your expressions of regret, shame and remorse to family and friends.
Gravity of the Offending
57In assessing the gravity of Charges 1 and 2, I note that each charge covers more than a month of conduct, and that during that time, Mr Kabrovski repeatedly asked Mr Muscat to take steps on his behalf in respect to Ms Baksmaty, and that Mr Muscat made 57 telephone calls to her and sent 49 messages. Mr Kabrovski's behaviour was part of a continuing disregard for court orders and Ms Baksmaty's welfare. On the other hand, I also accept that no threats of harm were sought by Mr Kabrovski or issued by Mr Muscat.
58The prosecution submits that given the history of offending by Mr Kabrovski towards Ms Baksmaty, he must have been aware that such contact would cause apprehension or fear. Mr Nikakis submitted that Mr Kabrovski was increasingly frustrated and did not turn his mind to whether the contact by Mr Muscat would cause apprehension or fear in Ms Baksmaty.
59Based on the extracted passages in the summary of prosecution opening, it seems clear that Mr Kabrovski was wholly focused on his own situation. There are indications that he believed Ms Baksmaty would be willing to assist him by seeking to have the family violence intervention order removed and to attend a bail application. I can make no assessment as to whether there was a reasonable foundation for those beliefs.
60I will sentence Mr Kabrovski on the basis that he did not really think about how Mr Muscat's conduct would affect Ms Baksmaty, but that if he had thought about it, he would have realised that the repeated contacts would cause apprehension or fear.
61As for Mr Muscat, Mr Kabrovski instigated his offending, and I accept that he is unlikely to have engaged in such contact with Ms Baksmaty without Mr Kabrovski's encouragement and direction. At least at the outset, Mr Muscat appeared to have thought Ms Baksmaty was willing to assist Mr Kabrovski. It appears that he made the contact with Ms Baksmaty out of a misguided sense of loyalty to his friend.
62The contacts he made with Ms Baksmaty, or attempted to make, were frequent. He did not desist when she tried to avoid speaking with him. As time progressed and she avoided contact with him, it must have dawned on him that she was not willing to speak to him about Mr Kabrovski's situation. After the assault on 28 August, he must have had no doubt that his behaviour was intimidating. Thus, while I accept that initially Mr Muscat ought to have known his conduct would cause apprehension or fear, as time progressed, and particularly in the last part of August, he had to have known that his conduct would cause apprehension or fear.
63Ultimately, weighing the culpability and the acts of both men, I consider the two offenders are effectively on equal footing in terms of the gravity of their offending in respect to Charges 1 and 2.
64As to the assault, I accept that any urging by Mr Kabrovski to 'fuckin do what you can' caused Mr Muscat to escalate from trying to speak to Ms Baksmaty on the phone to the assault. It would not have been in Mr Kabrovski's contemplation that Mr Muscat would go to her home at 4 am.
Parity
65As I have said, I consider that the gravity of the offending in respect to Charges 1 and 2 is ultimately very similar. Regarding Charge 3, Mr Muscat's offending is more serious than Mr Kabrovski's.
66There is a very stark difference between Mr Kabrovski's and Mr Muscat's criminal history and hence their prospects of rehabilitation. Specific deterrence plays a significant role in respect to Mr Kabrovski, whereas in respect to Mr Muscat, this factor carries much less weight. I have also had regard to Mr Muscat's personality, which, in my assessment, means that prison would have a detrimental impact on his mental health and his prospects of rehabilitation.
Other Principles and Factors
67Charges 1 and 2 are pursuant to s257 of the Crimes Act. This offence, which is relatively new, carries a maximum penalty of 10 years' imprisonment. It falls between the summary offence of harassing a witness, which has a maximum of one year, and attempting to pervert the course of justice, which has a maximum of 25 years.
68I was referred to only one case where a charge was prosecuted under s257. It involved quite different conduct to this case. I have had no regard to the sentences imposed where the charge has been, in the past, attempting to pervert the course of justice.
69It is very important to the administration of justice that witnesses in criminal proceedings be protected from intimidation. General deterrence is therefore a powerful factor in sentencing on Charges 1 and 2. Furthermore, denunciation and just punishment must be given real weight in the sentencing discretion.
70Because of the overlap in time of the offences, but having regard to the different character and conduct in Charge 3, I consider there should be some cumulation of the sentence on that charge on the sentences that I will impose on Charges 1 and 2 respectively.
Sentences
71The sentencing submissions of the parties sensibly reflected the differences between these two offenders. It was submitted for Mr Kabrovski that a combination sentence would be 'ideal' for him. The prosecution submitted that a term of imprisonment with a non-parole period was called for in respect of Mr Kabrovski.
72Regarding Mr Muscat, it was conceded by the prosecution that a Community Correction Order would be within range. I had both men assessed for a Community Correction Order.
73The Community Correction Order assessor considered Mr Kabrovski presented a high risk of reoffending. Mr Kabrovski told the assessor that despite being on remand at the time of these charges, he was using methylamphetamine daily. He was not able to identify changes in his present circumstances compared to the past when he breached each Community Correction Order which had been imposed. In view of Mr Kabrovski's past breaches, the Community Correction Order assessor found him not suitable for a Community Correction Order.
74Mr Kabrovski, whilst I am not bound in any way by the opinion of the Community Correction Order assessor, I have concluded that imposing a Community Correction Order in combination with gaol is inappropriate in your case. First, the need to deter you from further offending is strong. I consider that a sentence of a combination of gaol and a Community Correction Order would be insufficient for that purpose.
75Secondly, given your past non-compliance with the Community Correction Orders, such a disposition would be setting you up to fail. I consider that the better approach is for you to be given a non-parole period. Whilst Mr Nikakis submitted you were unlikely to get parole, this is not something that I can take into account. He also suggested that a Community Correction Order with a judicial monitoring condition would ensure that you were held responsible for any failings on a Community Correction Order, with immediacy. I have ultimately rejected Mr Nikakis' submission.
76Mr Kabrovski, on Charge 1, you are sentenced to 12 months' imprisonment, and on Charge 3, you are sentenced to three months' imprisonment.
One month of the sentence on Charge 3 is to be served cumulatively on the sentence on Charge 1. That leads to a total effective sentence of 13 months' imprisonment. I direct that you serve a period of seven months before becoming eligible for parole.77I declare that you have already served 13 days, and I direct that this declaration be entered into the records of the court.
78Pursuant to s6AAA, I state that if you had not pleaded guilty, I would have sentenced you to 18 months' imprisonment with a non-parole period of nine months.
79Mr Muscat, you made the decision to call and message Ms Baksmaty repeatedly, and you decided to go to her home to speak to her at 4 am, and then assaulted her when she asked you to leave. Neither Charge 2 nor 3 is a low-level instance of either offence. But for your excellent prospects of rehabilitation, I would have had no hesitation in imposing a gaol sentence on you.
80In order to give you the opportunity, as effectively a first-time offender, I will impose a significant Community Correction Order upon you, with a strong punishment component and also a requirement for you to be assessed for treatment in respect to your mental health. I am, as I have said, taking into account that sending you to prison, in view of your personality, would probably have a negative effect on your prospects for rehabilitation.
81The Community Correction Order conditions, in addition to the usual core terms, will be that the order last for two years; that during the course of the order, you have to perform 450 hours of community work; and you undergo assessment and treatment as directed for your mental health. I will also direct that up to 25 hours of the rehabilitation time can be credited as community work hours.
82Now, Mr Muscat, please stand up. Has Ms Ristivojevic or her instructor ever gone through with you what the conditions of a Community Correction Order are, the core conditions? I will read them out to you now, and you will be given the opportunity to go through them with Ms Ristivojevic before we finish.
83The mandatory terms of any community correction order are that you cannot commit any offence which could be punished by imprisonment during the period of the order. You have to comply with any obligations and requirements under a particular regulation of the Act. You must make yourself available to have any Corrections people visit you if they choose to do so. You have to report to the Community Corrections office within two clear working days of today. In fact, the best thing to do would be to call them immediately, as court finishes. You have to let the Community Corrections officer know if you change your address or your job within two working days. You cannot leave Victoria without getting permission from your Corrections officer, and you have to obey all lawful instructions from your Corrections officer. You have to do the 450 hours of community work in the two-year period, and you have to go and get assessed for your mental health and then engage in mental health treatment if you are required to do so.
84Do you understand those conditions?
85OFFENDER MUSCAT: Yep.
86HER HONOUR: Do you consent to the making of the order?
87OFFENDER MUSCAT: Yep.
88HER HONOUR: Can you say that louder?
89OFFENDER MUSCAT: Yes.
90HER HONOUR: Thank you, all right. I also state, pursuant to – you can sit down – s6AAA, that if you had not pleaded guilty, I would have sentenced you to 16 months' imprisonment with a non-parole period of 10 months.
91Now, before I stand down to let you have a look at the order, Ms Ristivojevic, and go through it - - -
92MS RISTIVOJEVIC: Yes, Your Honour.
93HER HONOUR: Is there anything that I have failed to address?
94MS RISTIVOJEVIC: No.
95HER HONOUR: Were there any other ancillary orders?
96MS PHILLIPS: No, nothing further, Your Honour.
97HER HONOUR: All right. I will just stand down so that you can have a look at the order, and then once you have taken your client through it, I will come back on for the signing and finalisation.
98MS RISTIVOJEVIC: As Your Honour pleases, thank you, Your Honour.
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