Director of Public Prosecutions v Koeble

[2023] VCC 1347

IN THE COUNTY COURT OF VICTORIA

 Revised

Not Restricted

Suitable for Publication

AT MELBOURNE

CRIMINAL JURISDICTION

CR-18-01688

THE DIRECTOR OF PUBLIC PROSECUTIONS

v

MARK KOEBLE

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JUDGE:	HER HONOUR JUDGE WILMOTH
WHERE HELD:	Melbourne
DATE OF HEARING:	4 August 2023
DATE OF SENTENCE:	4 August 2023
CASE MAY BE CITED AS:	DPP v Koeble
MEDIUM NEUTRAL CITATION:	[2023] VCC 1347

REASONS FOR SENTENCE

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Subject: Breach Community Correction Order

Sentence: Resentenced on original charges – 12 Month CCO with 50 hours community work

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms A. Balkin	OPP
For Mark Koeble	Ms A. Valos	Ann Valos

HER HONOUR:

1Mr Koeble, you would have got a pretty good indication from yesterday what will happen today.  I am going to find the breach proven and make no further order about that except that it will now go onto the Community Correction Order that I am going to impose today, along with the other, what we call the original charges.

2Now in deciding to impose a new CCO I have taken into account the matters that I mentioned yesterday, such as your current stability, your recent good employment record and the fact that you have just done that training course.  The indications are that you have a much better attitude and approach to the obligations on the CCO and that given all those matters and what has happened along the way you should be given a second chance.

3So the new CCO will start today and will last for 12 months.  It is pretty similar to the other one except that it does require you to be monitored for mental health issues.

4As for the community work, I have decided to impose a very modest amount of 50 hours of community work and any time that you spend doing the programs will be credited against those hours.  I think that happened last time as well but this time it is an extra motivation for you to make sure you attend all those programs.

5There is also an order that you take part in other programs such as the men's behaviour change program which, I think, you were already in line to commence.  So hopefully that will just be picked up again.

6

Please make sure you do listen carefully when you go to your induction appointment which will take place at the local office.  You have to sign in there within two days, two working days of today.  So today is Friday.  You have got until 4 o'clock on Tuesday to go to the Community Corrections office in

22 Camp Street, Ballarat.  This will all be on the piece of paper that you will be asked to sign shortly.

7OFFENDER:  Yes. 

8HER HONOUR:  I have not required you to do any, what we call, judicial monitoring under this CCO because that would be one more thing you would have to do and I think I can place some trust in you to make sure you comply this time without me scrutinising you every two or three months.

9OFFENDER:  Yes.

10HER HONOUR:  So that is what I have done to somewhat reduce the time you need to spend away from your employment.  That brings me to say that when you do get a job, which I understand you are looking for at the moment?

11OFFENDER:  Yes. 

12HER HONOUR:  You should really tell your new employer about this CCO because you are going to have to spend time away from work sometimes.

13OFFENDER:  Yes. 

14HER HONOUR:  Usually the experience I have found with these matters is that most employers are sympathetic when they find out what has to be done by their new employee and it is better to be upfront at the beginning about that. 

15Are there any other matters, Ms Valos, that I have not thought about?

16MS VALOS:  No, Your Honour.

17HER HONOUR:  No.  All right.  Thank you.  So that is ready for signature now and my associate will come round to the Bar table so that Mr Koeble sign it.  Do you want to have a look first, Ms Valos?

18OFFENDER:  Just sign here?

19MS VALOS:  Yes.

20HER HONOUR:  Ms Balkin, I have left you out of the conversation, I am sorry.  Was there anything you wanted to say?

21MS BALKIN:  No, Your Honour.

22HER HONOUR:  No.  All right.  Thank you and Ms Sequeira there too.  Anything to say, Ms Sequeira?

23MS SEQUEIRA:  No, Your Honour.

24HER HONOUR:  Thank you.  I think I forgot to add that there will be supervision just like last time as well.

25MS VALOS:  Yes, Your Honour.

26HER HONOUR:  All right.  Well good luck with that one, Mr Koeble.

27OFFENDER:  Thank you, Your Honour.

28HER HONOUR:  I hope you are able to comply - - -

29OFFENDER:  Thank you.

30HER HONOUR:  - - - in a much better way this time.

31OFFENDER:  Yes, will do.

32HER HONOUR:  Thank you.

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