Director of Public Prosecutions v Kirk (a pseudonym)
[2024] VCC 1899
•22 October 2024
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| CONRAD KIRK (a pseudonym) |
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JUDGE: | HIS HONOUR JUDGE ROZEN | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 22 May 2024; 5 September 2024 | |
DATE OF SENTENCE: | 22 October 2024 | |
CASE MAY BE CITED AS: | DPP v Kirk (a pseudonym) | |
MEDIUM NEUTRAL CITATION: | [2024] VCC 1899 | |
REASONS FOR SENTENCE
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Subject:CRIMINAL LAW
Catchwords: Guilty Plea – Aggravated burglary – Robbery – Causing injury intentionally – Common assault – Bugmy principles; Verdins principles; Post Traumatic Stress Disorder
Legislation Cited: Crimes Act 1958 (Vic); Summary Offences Act 1966 (Vic);
Cases Cited:DPP v Kirk [2020] VCC 1090; Bugmy v The Queen (2013) 249 CLR 571; R v Mills [1998] 4 VR 235; Boulton v R [2014] VSCA 342; R v Verdins (2007) 16 VR 269
Sentence: Combination sentence – 2 years and 1 month’s imprisonment – 18 month CCO – s 6AAA declaration – 3 years’ imprisonment with a non-parole period of 2 years and 5 months
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Jenny Croxford | Office of Public Prosecutions |
| For the Accused | Martin Kozlowski | Papa Hughes Lawyers |
HIS HONOUR:
1Conrad Kirk,[1] you have pleaded guilty to the following offences:
(a) Aggravated burglary, which carries a maximum sentence of 25 years’ imprisonment;[2]
(b) Robbery, which carries a maximum sentence of 15 years’ imprisonment;[3] and
(c) Causing injury intentionally, which carries a maximum sentence of 10 years’ imprisonment.[4]
[1] A pseudonym.
[2] Crimes Act 1958 (Vic) s 77(2).
[3] Ibid s 75(2).
[4] Ibid s 18.
2In addition, you have pleaded guilty to one related summary offence:
(a) Common assault (rolled up) which carries a maximum sentence of 15 penalty units or three months’ imprisonment.[5]
[5] Summary Offences Act 1966 (Vic) s 23.
3You are to be sentenced on the basis of the Summary of Prosecution Opening for Plea dated 3 June 2024 and amended 24 June 2024, which is an agreed document.[6]
[6] Exhibit P1.
4The victims in this matter are Steve Szabo and his partner Tegan Foster. At the time of your offending they resided in St Albans with their 18-month-old daughter Miah.
5Mr Szabo and you had known each other for about two years, having previously made music together. Ms Foster had known you about a year, but you were not close.
6A week or two before the incident, a glass panel at the front of the house had been broken, and Mr Szabo had boarded it up.
7On Thursday, 16 February 2023 at about 11pm Mr Szabo and Ms Foster were sitting in the front room when they heard noises and the sound of breaking glass. Their daughter was in another room sleeping in her cot.
8Ms Foster remained inside while Mr Szabo went to investigate. When he opened the wooden front door, he could not see who was out there because there was no light on the porch. When he opened the security screen door, he saw you standing outside.
9You asked him several times, ‘where is my money?’ to which he replied, ‘what money? What’s the money for?’. You continued to ask and then suddenly hit Mr Szabo with a metal car jack stand. He felt disoriented but did not see what hit him. He grabbed you to stop you from hitting him again, and you both fell on the concrete path.
10Ms Foster came to see what the commotion was, and saw you both fighting on the front porch. She begged you to stop.
11Two neighbours called 000.
12Mr Szabo managed to break free, run inside the house, and close the security door. Both he and Ms Foster tried to hold the door closed to prevent you from entering but you pulled it open and entered the house.
13Ms Foster, who was in between you and Mr Szabo, tried to calm the situation down and managed to get you outside. Mr Szabo remained inside. He grabbed a kitchen knife hoping to scare you away (Charge 1 – Aggravated Burglary).
14Once outside you walked over to Mr Szabo’s car, a white Peugeot that was parked in the driveway. You opened the driver’s side door and asked Ms Foster for the keys, and how to start the car (Part of Charge 2 – Robbery). This occurred a few metres from the front door.
15Mr Szabo walked outside holding the knife and you grabbed Ms Foster by the waist and held her in front of you. Mr Szabo told you to fuck off, while remaining some distance away. He pointed the knife in your direction, hoping you would go away.
16He told you to get away from Ms Foster and to get away from the house. You threw Ms Foster to the ground where she landed on the driveway (Summary charge 8 – Unlawful Assault).
17You ran towards Mr Szabo and tackled him against the roller shutters and managed to disarm him. You ended up in a scuffle moving from the porch to the grass area of the front yard.
18You were on top of Mr Szabo with your knees on his arms, pinning him down. You put the knife down and grabbed the carjack stand which was lying close by and demanded the car keys. You said, ‘where are the car keys?’ and he replied that they were on the table next to the computer in the music room. You pushed the carjack stand into his skull, and he felt pain and feared for his life.
19You placed the carjack stand down, then grabbed the knife and slashed his right arm once and poked the knife into his arm. He felt the cut was not too deep. You dropped the knife and again picked up the carjack stand and hit Mr Szabo twice (Charge 3 – Causing Injury Intentionally). I note that you were also injured.
20During the scuffle, Ms Foster went inside the house to get the car keys, but could not find them. She went back outside and saw you hit Mr Szabo with the carjack stand, swinging and hitting his head, two or three times.
21She returned inside to find the car keys again then decided to remove her daughter from the house. She grabbed the baby and ran past the two of you on her way to the neighbour’s house for safety. She could still hear Mr Szabo screaming for help.
22You managed to drag Mr Szabo into the house. Due to the attack and his injuries, he felt physically weak and he was going in and out of consciousness. While lying on the floor inside the music room, Mr Szabo saw you grab his car keys, wallet and phone (Charge 2 – Robbery).
23Several police officers made their way to the scene. Constable Alexandra Reid and First Constable Michael Whitten were the first officers to arrive at the property. Constable Reid heard two male voices arguing in the house. She banged on the roller shutters and announced police presence, directing persons inside to come outside.
24First Constable Whitten approached the front entrance and heard Mr Szabo call for help. When police entered they observed large amounts of blood. The house was searched for safety and you were not located inside, nor in the rear yard. Constable Reid applied pressure to Mr Szabo’s wounds which were bleeding heavily, and kept talking to him to ensure he remained conscious.
25Leading Senior Constable Grant Sykes from the Victoria Police Dog Squad was dispatched to assist and locate you. He arrived at about 11:43pm and was informed a call was made to police about a suspicious loiter regarding a male, in the rear yard of a vacant property in St Albans. He deployed a Police Dog and observed an open gate leading into the rear yard.
26You were located sitting inside a garden shed. Constable Sykes noticed that you appeared to be affected either by alcohol or substances and that your clothing was covered in blood. You were initially uncooperative with police but eventually complied. First Constable Georgia Shortt observed that your pupils were extremely dilated and you were talking about things that did not make sense. Inside the shed, you had left property stolen from Mr Szabo: wallet, mobile phone, lanyard with keys including car keys.
27You were transported to Sunshine Police Station where, due to your presentation that evening, you were deemed unfit for interview.
28Paramedics arrived and Mr Szabo was transported to the Royal Melbourne Hospital. He presented with:
(a) 5 lacerations to his head;
(b) Mild ongoing nausea with pain to the left ribs and head;
(c) Full thickness lip laceration;
(d) 10cm laceration to right arm;
(e) Pain in left middle finger;
(f) Abrasion on left knee; and
(g) Laceration behind left ear.
29The trauma unit had him fitted with a soft collar and attended to suturing / stapling the lacerations. It was determined he would require a review from the plastics surgery unit to repair laceration to the lip and left middle finger (these injuries relate to Charge 3 – Intentionally Cause Injury).
30Constable Short took a statement from Ms Foster and photographed the cuts and bruises on her arm.
Objective Gravity and Moral Culpability
31The seriousness of the charges of aggravated burglary, and robbery are reflected in the maximum sentences of 25 years and 15 years’ imprisonment, respectively.
32This was serious offending. Mr Szabo and Ms Foster were sitting at home at 11pm on a weeknight when they were disturbed by the sound of breaking glass. After demanding money from Mr Szabo, you attacked him with a metal car jack stand. You continued to fight with Mr Szabo despite Ms Foster’s pleas for you to stop.
33You forced your way into the house despite the attempts of the occupiers to exclude you. Your plea of guilty is a recognition that you entered the property with the intent to assault.
34You threw Ms Foster to the ground causing her minor injuries to her arm.
35You attacked Mr Szabo demanding the keys to his car and then injured him with a knife that you obtained from the house. I note that at one point Mr Szabo was holding the knife and pointed it in your direction. You were injured by the knife and you wonder why only you were charged.
36You then proceeded to hit Mr Szabo in the head several times with the Car jack causing a number of lacerations to his head which had to be addressed by medical staff.
37Although the ordeal was relatively brief it must have been very frightening for Ms Foster and Mr Szabo. It is aggravating that the couple’s baby Miah was at home.
38Your moral culpability is significant but my assessment of it is affected by your mental health and your upbringing which are discussed later in these reasons.
Personal Circumstances
39You are 26 years of age and were 24 at the time of the offending.
40The circumstances of your upbringing come from a report by psychologist Alison Mynard dated 25 July 2024.[7]
[7] Psychological Assessment Report of [Conrad Kirk] written by Ms Alison Mynard dated 25 July 2024, Exhibit D1 (‘Mynard Report’).
41You were born in Sierra Leone during a time of civil war. You are part of a sibship of 6 boys, of whom you are the fourth eldest.
42Your family fled to a refugee camp in Ghana when you were an infant. You have flashes of memories from this time, including people running around with blood everywhere, about which you have not discussed or gained clarity on with your family.
43Your family settled in Launceston, Tasmania, when you were 6 years old. At 6, you remember being shown violent imagery of your hometown by your father, including children shooting people with guns and people being burned alive. You were traumatised by the videos and photos, which your father said were ‘why [you] had to leave’.
44You had limited English skills and there were very few other African immigrants in your community. Aside from socialising with your cousins and one African family who lived across the road, you would keep to yourself, and felt socially isolated and awkward.
45At 13 you experienced more racism when your family moved to the western suburbs of Melbourne.
46Your teenage years were plagued by difficulties at home where you were exposed to family violence. You explained to Ms Mynard that your father was negatively impacted by exposure to war and conflict, that he worked long hours, and was not emotionally connected to you.
47Most of your siblings do not talk to your father who you say was physically abusive towards you for many years. You rationalised the abuse to Ms Mynard, saying that you understand the difficulties and trauma he experienced, and the pressure you say your father felt for his children to ‘be better’. You describe him as very strict, and not knowing any way to punish you other than to beat you.
48You describe one occasion where you had so many welts on your bottom that you were unable to sit down in school, and another where your father broke your brother’s arm. Your school contacted your family, and you were afraid you would be beaten more for saying something.
49DHHS became involved, and you recall people coming to the house and talking to the siblings separately, asking what was happening in the house. Your father stopped beating you after DHHS became involved.
50You began to gravitate towards negative peers and skip school, and started to repeatedly abscond from your home for weeks at a time.
51It is in this context that you were introduced to substance use and offending behaviour, and were frequently in trouble from 13 to 15 years of age. During this period your cousin and you were sexually assaulted by a group of young males known to you.
52You recall that during the incident, one of your attackers held a machete to your throat and said he was going to kill you. A video of the sexual assault was shared on Facebook.
53You told Ms Mynard that your cousin was in conflict with the group, and there was some indication that the assault was in retribution. One of the individuals in the group had been your friend for a long time previously, and you say he laughed at you during the attack. You describe to Ms Mynard the significant negative impact this had on you; you felt betrayed by someone who had been a friend, and had difficulty trusting anyone following this.
54At some point you had been asked to leave the family home, and an intervention order was put in place to protect family members. Following the assault you returned home.
55You have had one significant romantic relationship with Ms Mary Klein,[8] with whom you have a 9-year-old son Nathanael.[9] You were together from the age of 13, and Ms Klein became pregnant when you were 15. You reported that the two of you were very stressed and, understandably, not ready to become parents.
[8] A pseudonym.
[9] A pseudonym.
56You stopped attending school at this time, having only finished year 9. You got a job and stopped contact with your negative peer group.
57Unfortunately, when the relationship with Ms Klein ended a few years later, your mental health declined. You reconnected with your negative peer group and relapsed into substance use and more antisocial behaviours.
58Despite this you have maintained a positive relationship with both Ms Klein and your son, with whom you have regular contact. Ms Klein remains supportive of you and in a character reference provided to the court dated 3 September 2024 described you as a ‘devoted father’ who is ‘now prepared to reintegrate as a law-abiding citizen and a responsible father’.[10]
[10] Exhibit D8.
59Your father is now a security guard, and you talk regularly on the phone. You told Ms Mynard that you know your father is regretful of his past behaviour, and trying to be there for you now. You report wanting to give him a chance.
60Your father expressed his ongoing support in a character reference dated 5 August 2024[11], and in oral evidence which he gave in court on 5 September 2024. He said that in the past he would not have written the reference, and he would not have done so if he had any doubts. Your father says that your family has not lost hope in you, and fully supports your rehabilitation. He is willing to have you live with him at his home in Fraser Rise on your release from custody. I note that he has been in court to support you.
[11] Exhibit D6.
Mental Health and Substance Use
61Ms Mynard considers that your early experiences of trauma within your family and school environment has set you up to lack trust in others and predisposed you to feeling anxious and often very depressed and helpless.[12]
[12] Mynard Report (n 6) [70].
62You commenced cannabis at a young age to calm your anxious nervous system, and later substances like methylamphetamine and Xanax in an attempt to gain more confidence and reduce negative emotions and distress. Unfortunately, these substances induced a psychotic state and heightened paranoia.
63Ms Mynard opines that you ‘appear to have suffered from Acute Stress Disorder that developed into long term Post Traumatic Stress Disorder’. Your childhood experiences have led to the development of ‘hypervigilant symptoms’ reflecting your heightened nervous symptoms and ‘unresolved “fight or flight” urges that you could ‘not complete at the time of the offending’.[13]
[13] Ibid, [73].
64Regarding the connection between your past trauma and the current offending, Ms Mynard’s opinion is that:[14]
Mr [Kirk’s] experience at the time of the offending had triggered him to earlier traumas in his life. Most significantly, it was a reminder of the betrayal that he had experienced with his long-term friend siding with the perpetrators of the sexual assault and being threatened with death when he was in his mid-teens. The image of his friend laughing at him [whilst he was the victim of sexual assault] is stuck in his mind and is very distressing for him.
Furthermore, the betrayal that he felt from the victim was also a reminder of the many racial taunts he had suffered when he was a young boy, at school in Tasmania and then in Melbourne. In the writer’s opinion, Mr [Kirk’s] PTSD was highly triggered at the time of his offending, and this clouded his thinking, impaired his reasoning skills and led to his ‘fight response’ in retaliation to being stabbed by his ‘friend’ who also became the victim.
[14] Ibid, [75].
65You told Ms Mynard that, prior to the current offending, you had stopped taking drugs other than cannabis. Although your previous offending occurred when you were drug-affected, Ms Mynard appears to consider that drugs do not seem to have played a large role in your current offending. However, I note that on the night of the offending, police found you in an apparently drug-affected state.
66Ms Mynard notes your explanation that you were seeking repayment of a debt and state that the debtor, Mr Szabo directed a racist comment towards you – ‘immigrant dog’.
Criminal History
67Your criminal record dates back to 2015 when you were 17 years of age. You were sentenced to a youth supervision order by the Sunshine Children’s Court in relation to theft of a car and minor drug offences. In 2019 you breached the order and were imprisoned.
68Since then you have been sentenced in the Magistrates’ Court for offences including robbery, violence, theft and drug possession.
69In 2020, when you were 22, you were sentenced in this court to imprisonment for 1 years and 2 months to be followed by an 18 month CCO.[15] The offending that led to that outcome was an armed robbery you committed in April 2019 while armed with a tomahawk. During the course of the robbery you acted violently towards a person at the home. You also stole his car.
70The court characterised your offending as serious noting that it was a terrifying experience for your young victims. In sentencing you, the court noted your difficult upbringing. Reference was made to a letter written by your father stating his commitment to assist with your rehabilitation by providing you with a home, remaining in regular communication with you and assisting you to engage in services.[16]
[16] Ibid, [43].
71The court also referred to a letter you wrote to the court in which you stated that you wished to turn your life around and continue your rehabilitation.
72The court in sentencing you accepted that you had developed ‘some insight and understanding in relation to your criminal behaviour and drug use’.[17]
[17] Ibid, [48].
73You breached the CCO in July 2020 when you committed further serious offences. The Order was cancelled by this Court on 29 November 2021 and you were re-sentenced on the original offending.
74Your current offending bears a degree of similarity to the 2020 matter.
Matters of Mitigation - Guilty Plea and Remorse
75You pleaded guilty in May 2024 shortly before your trial was to commence. The matter was then the subject of a lengthy adjournment to enable your lawyers to obtain psychological material. It was then further adjourned to enable the court to obtain the pre-sentence report.
76Although yours was not an early plea, it nonetheless has a significant utilitarian value. It saves Mr Szabo and Ms Foster the ordeal of giving evidence at your trial. It saves the court’s time and the community’s resources.
77I accept that your guilty plea is some evidence of your remorse. There is other evidence of remorse. Your partner of many years and the mother of your son, Mary Klein, states in a letter to the court that you have expressed your deep remorse to her for your offending.[18]
[18] Exhibit D8.
Submissions
78Your counsel submits that your significant childhood trauma ‘gives rise to an application of the principles in Bugmy’.[19] It is not suggested that there is a direct or causal link between that deprivation and your offending in that the former explains the latter. However, I accept that the general principle in Bugmy applies and I have moderated your moral culpability accordingly.
[19] Bugmy v The Queen (2013) 249 CLR 571, referred to in Defence Submissions on Plea dated 3 September 2024 [17].
79Your counsel also places reliance on limb 6 of the Verdins principles.[20] The evidentiary basis for this is the report of Ms Mynard who opines that ‘the impact of a prolonged period in custody will cause Mr Kirk’s mental health to deteriorate further’.[21] I accept that Verdins limbs 5 and 6 apply in your case and have taken this into account in your favour in determining the appropriate sentence. Your counsel has today informed me of the recent passing of your cousin, with whom you were very close, and I accept that this will make your time in custody more difficult.
[20]R v Verdins (2007) 16 VR 269.
[21] Mynard Report (n6) [78].
80No submission was made on your behalf about the application of Verdins limb 1. However, there is some support for its application in the evidence before the court as discussed earlier. Ms Mynard considers there is a link between your PTSD and your offending in that your PTSD clouded your thinking and impaired your reasoning skills. Although I think it is likely that drugs played a role in this regard, I have moderated your moral culpability to a small extent as a result of applying the Verdins principle.
81Turning to submissions regarding ultimate disposition, your counsel submitted that a combination sentence is within range, having regard to the period that you have already served on remand. The prosecution submitted that the appropriate sentence is a head sentence with a non-parole period.
Assessment by Corrections - Prospects of Rehabilitation
82Having regard to your history, the Court requested that an extended pre-sentence assessment of you be conducted pursuant to s 8A of the Sentencing Act 1991 (Vic). The assessment was conducted by Corrections on 13 September 2024. In addition to the interview, the assessors had various court documents as well as the report of Alison Mynard dated 25 July 2024.
83A report of that assessment dated 8 October 2024 is before the court.[22] It commences with your reactions to the prosecution summary when read to you. You are described as ‘heartfelt’ in your response to questions about your current relationship with the victims of your offending. You stated that you felt terrible about what happened and that you should not have done what you did. You said you want to apologise to Steven and Tegan.
[22] Extended Pre-Sentence Assessment – Outcome Report dated 8 October 2024.
84You were asked about your criminal history and, in particular, your failure to comply with your most recent CCO. In response you acknowledged your need for help with your addictions which you understand are related to your offending.
85Corrections rate you as a high risk of general offending having regard to your prior history, the failure of your previous community-based sentences to decrease your risks and your lack of pro-social friendships in the community post-release.
86The report notes that you have completed several programs in custody including programs relating to illicit drug use. The authors challenged you about how you intend to use this education to assist with your rehabilitation and your response is quoted:
I have come to understand and accept the reason for me being here (jail). I act irrationally when I am using drugs and that has been the case ever since I was 18. My offending is always motivated by some form of drug use. These programs have helped me to accept my issues and seek help from those who can provide it.[23]
[23] Ibid, 6.
87The report notes your intention to live with your parents post-release. You observed that your parents want a better life for you and that it’s your fault that you are where you are. You said that you want to focus on your CCO before applying to university and seeking employment. You intend to eventually move in with your ex-partner and that being around your family will ‘be such a positive in my life’.[24]
[24] Ibid.
88Ultimately, and despite your risk rating, Corrections have assessed you as suitable for a CCO ‘with reservation’. The report recommends that the court structure a CCO ‘that appropriately reflects the serious and persistent nature of the offending behaviour, whilst also upholding community expectations in relation to community safety and the principles of general and specific deterrence’.[25] I have accepted this recommendation.
[25] Ibid, 7.
89Ms Mynard also expresses her views about your future. She considers that if you are able to address your traumas with targeted trauma treatments, your memories will be de-sensitised and integrated into long term memory. They will then be less distressing and less impacting on your behaviours: ‘In this way his risk of recidivism will reduce significantly’.[26]
[26] Mynard Report (n6) [80].
90Ms Mynard notes that you have a supportive family having repaired your relationship with your father. You are motivated to be a good father to your own son. Ms Mynard considers that you would benefit from a ‘community-based sentence when [you are] released from custody, with a treatment component to help with keeping [you] accountable to engage with a psychologist who uses trauma informed therapies’.[27]
[27] Ibid, [81].
91I have noted earlier in these reasons that a copy of Ms Mynard’s report has been provided to Corrections and has informed their assessment. It should also inform your future supervision.
92Finally, I have taken into account the letters that the court has received from your family members. Reference has already been made to your father’s letter.
93Your former spouse, and the mother of your nine-year old son, Mary Klein, speaks of the many years she has known you. She describes you as a devoted father who strives to help your son in every possible way. Ms Klein states that you have indicated a willingness to seek help and address your mental health issues. As noted earlier, Ms Klein believes that you are now prepared to reintegrate as a law-abiding citizen and a responsible father who can support her parenting responsibilities.
Consideration
94You are now 26 years of age. While not a youthful offender, you have much of your life ahead of you and, in accordance with well-known authorities,[28] the promotion of your rehabilitation must be an important sentencing consideration. However, that must be balanced by the recognition that you are to be sentenced, yet again, for serious violent offending.
[28] R v Mills [1998] 4 VR 235.
95General deterrence is an important sentencing consideration. So is specific deterrence in light of your history. The community must be protected from you and you must be appropriately punished.
96The best sentencing option available under the law to achieve these disparate purposes is a combination sentence with the punitive component to be achieved by a custodial sentence and the rehabilitative component to be achieved by a CCO.[29]
[29] Boulton v R [2014] VSCA 342.
97Despite your commitments to this court in 2020 that you had realised the effect that your offending has on your family and that you were committed to your rehabilitation, you failed to take advantage of the community-based component of your sentence. It was not the first time that you breached a community-based order.
98The question now is whether you should be given another chance to serve a sentence in the community or whether the support you so obviously need should be provided as part of your parole. The difficulty with the latter is that the court cannot know if you will be released on parole in the event that the court sets a non-parole period. If you are required to serve the full term, you will be released with minimal support. This cannot be in your interests or those of the community more generally.
99I have ultimately decided to accept the recommendation of Corrections and impose a combination sentence. I have concluded that this is in both your best interests and those of the community. You will receive support once you are released from custody.
100The conditions that I will impose on the CCO will be more extensive than those included in your 2020 CCO. I will also impose a condition requiring you to be treated for your mental health and I will monitor your progress at regular intervals.
101This may well be your last chance to serve a community-based sentence. Once again, your parents and your former partner are there to assist you. It is very much in your interests to take advantage of those offers. Your son clearly needs you in his life.
Orders
102On charge 1, aggravated burglary, you are convicted and sentenced to 18 months’ imprisonment.
103On charge 2, robbery, you are convicted and sentenced to 12 months’ imprisonment.
104On charge 3, causing injury intentionally, you are convicted and sentenced to 12 months’ imprisonment.
105On summary charge 8, a rolled up charge of common assault, you are convicted and sentenced to one month’s imprisonment.
106The sentence on charge 1 is the base sentence.
107I direct that 3 months of the sentence on charge 2, 3 months of the sentence on charge 3 and the sentence on summary charge 8 be served cumulatively on the base sentence.
108The total effective sentence is therefore 2 years and 1 month.
109In addition to the prison component of the sentence, upon your release you will be placed on a community correction order for a period of 18 months. The order will be both punitive and therapeutic and will have the following standard conditions:
i.you must not commit, whether in or outside Victoria, during the period of the order, an offence punishable by imprisonment;
ii.you must comply with any obligation or requirement prescribed by the regulations;
iii.you must report to, and receive visits from the Secretary during the period of the order;
iv.you must report to the community corrections centre specified in the order within 2 clear working days after the order coming into force;
v.you must notify the Secretary of any change of address or employment within 2 clear working days after the change;
vi.you must not leave Victoria except with the permission, either generally or in relation to a particular case, of the Secretary; and
vii.you must comply with any direction given by the Secretary that is necessary for the Secretary to give to ensure that you comply with the order.
110If you breach any condition of the order you can be brought back to court and sentenced for up to 3 months in jail for breaching the order and you may be re-sentenced on the original offending.
111If you are having difficulty complying with the order you may apply to this court to vary a condition.
112The Order will have the following special conditions:
(a) You will be required to complete 120 hours of unpaid community work.
(b) You will be required to complete programs to address your drug and alcohol abuse, to reduce your risk of re-offending and to treat your mental health.
(c) You will be subject to supervision.
(d) I will judicially monitor your progress. The first monitoring session will be on Friday, 4 July 2025 at 9.15 am.
113Do you agree to comply with such an Order if it is made?
114Pursuant to s 48CA of the Sentencing Act, I direct that 60 of the hours that you complete pursuant to the treatment conditions are to count against the hours of unpaid community work.
115Pursuant to s 18 of the Sentencing Act, I declare that 602 days be reckoned as the period of imprisonment already served under this sentence. That does not include today. Therefore, after the s 18 declaration, the term of imprisonment is less than one year which complies with s 44 of the Sentencing Act.
116Pursuant to s 6AAA of the Sentencing Act, I indicate that had you not pleaded guilty, I would have sentenced you to a period of imprisonment of 3 years and 10 months with a non-parole period of 2 years and 5 months.
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