Director of Public Prosecutions v Latu

[2016] VCC 714

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR-14-00269

DIRECTOR OF PUBLIC PROSECUTIONS

v

SOANE LATU

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JUDGE:	HIS HONOUR JUDGE RYAN
WHERE HELD:	Melbourne
DATE OF HEARING:
DATE OF SENTENCE:	26 May 2016
CASE MAY BE CITED AS:	DPP v Latu
MEDIUM NEUTRAL CITATION:	[2016] VCC 714

REASONS FOR SENTENCE
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Subject:
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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms K Hamill	Solicitor for Office of Public Prosecutions
For the Offender	Ms M O'Brien	Victoria Legal Aid

HIS HONOUR:

1These are breach proceedings arising out of Mr Latu's deliberate non-compliance with an order that was made by me on 13 June 2014.  It is the second time that Mr Latu has come before me for deliberate non-compliance with my order. 

2I incorporate into these reasons my reasons for sentence on 13 June 2014 in respect to the offence for which he was placed on a Community Corrections Order, that being the offence of armed robbery committed on 11 September 2013.

3I hold the firm view that you, Mr Latu, have no concerns whatsoever for any punishment that this court might meet out to you.  You are more than capable of complying with the Community Corrections Order and you are more than capable of serving a term of imprisonment, should I impose a term of imprisonment on you. 

4It is now nearly three years since your original offending and you have not re-offended.  It is nearly two years since my original sentence was passed on you.  In that period of time, to my mind you have breached my order more times than you have complied with it.  In the period of approximately two years, of the 300 hours of unpaid community work that I ordered you to perform, you have performed 67 hours, by my rough calculations.

5As part of my original order you were to undergo testing and treatment in respect of drugs and alcohol.  That order was a standard order in its terms but the point of the order or condition was to address your then alcohol problem.  It appears that you no longer have a problem with alcohol and there seems little point in continuing that condition.  In that respect it appears that you have got your way by your non-compliance with my order.

6It would be easy, Mr Latu, to sentence you a term of immediate imprisonment; it would clear my slate and it would clear yours, but my function is a bit more sophisticated than that.  You are capable of fulfilling the requirements of this Community Corrections Order.  It is my view that as a matter of specific deterrence to you a Community Corrections Order is far more onerous than a term of imprisonment, and so I am going to vary the Community Corrections Order by removing the condition in respect of alcohol assessment testing and treatment, but otherwise the order stays on foot, which means you have two years to go.  It means you have 223 odd hours to do.  It means that you will be supervised and it means you will come back to me every 12 months until it is over.

7I will not place on the order a condition in respect of mental health assessment because I am certain, as I am certain of anything, that you would not comply with it and you would be back here for a third time.  You are a boomerang; every time I send you away you come back.

8I accept Ms O'Brien's insightful comment during the course of her plea that it is as likely as not that you are presently suffering from some form of depression.  If it be right, do not be ashamed of it, you would not be the first man in this world to be depressed about something, go to your doctor, talk to your doctor, and if you need to take a small amount of medication to help you in that respect or speak to a professional about it, do it. 

9So in essence, Mr Latu, I am imposing an order on you, despite what you say in the witness box, that I regard as having a more onerous effect on you than should I send you to gaol, which in all the circumstances you probably deserve. 

10I vary the order of 13 June 2014 by deleting the condition that you undergo treatment and rehabilitation, including assessment and treatment including testing in respect of drugs and alcohol, but I otherwise confirm the order.  The sentence of seven days in gaol as a punishment for contravention of my order last time did nothing to you - I do not propose to send you to gaol in respect of this contravention.  You will be convicted and fined a hundred dollars with a stay of three months.

11Would you stand up please Mr Latu.  Do you understand the order that I have made?

12OFFENDER:  Yes, Your Honour.

13HIS HONOUR:  We will be seeing one another again on the anniversary of my original order - it has two years to go.  So I will see you at least twice again.  I do not want to see you here on a breach proceeding, do you understand?

14OFFENDER:  Yes, Your Honour.

15HIS HONOUR:  I have an overwhelming sensation that what I am saying to you is like water off a duck's back - we will find out.  Have you ever read the book "The Lord of the Rings"?

16OFFENDER:  No, Your Honour.

17HIS HONOUR:  There is a character in it called Bilbo Baggins, he has a saying "Three times pays for all."  If you come back here on a third time, you are paying.  You can come out of the dock and sit behind your counsel while the papers are prepared.

18I want to thank counsel for their assistance in this matter.  I find Mr Latu to be one of the most difficult people I have ever come across and you have each assisted me in coming to what I believe to be a just result in this case and I thank you very much for it.

19The varied order will be brought down for you to sign.

20Mr Latu, please stand up.  The end result of my order is this:  that you are still on a four year Community Corrections Order from the date of my first order which was 12 June 2014.  So you still have two years to go; you have to still complete the 300 hours, you are still subject to supervision and you have to come back to me on the anniversary of my order.  They are the conditions that I have imposed, you have signed it and that is where it presently stands.  You will be provided with a copy of the document.

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