Director of Public Prosecutions v Luik
[2023] VCC 386
•6 March 2023
| IN THE COUNTY COURT OF VICTORIA | Revised Not Restricted Suitable for Publication |
AT Melbourne
CRIMINAL DIVISION
CR-21-02298
| THE DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| FRANCIS LUIK |
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JUDGE: | HIS HONOUR JUDGE MAIDMENT | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 2 November 2022 & 6 March 2023 | |
DATE OF SENTENCE: | 6 March 2023 | |
CASE MAY BE CITED AS: | DPP v Luik | |
MEDIUM NEUTRAL CITATION: | [2023] VCC 386 | |
REASONS FOR SENTENCE
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Subject:Plea – sentencing
Catchwords: Armed robbery - handling stolen goods
Legislation Cited:
Cases Cited:
Sentence:233 days' imprisonment (= time served) + 24-month Community Correction Order
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Ms J. Ollquist | Office of Public Prosecutions |
| For the Accused | Mr Z. Menon | Victoria Legal Aid |
HIS HONOUR:
1 Francis Luik, on Charge 1 of armed robbery you are convicted and sentenced to imprisonment for a period of 233 days.
2 I declare 233 days of pre-sentence detention as time to be reckoned as served on that sentence, which will enable your immediate release from custody.
3 On Charge 2 of handling stolen goods, I propose to make an order for you to undergo a community correction order for a period of two years. I cannot do that unless you consent to it. I imagine that you have been through the terms of the prospective order with your counsel.
4
Let me make it clear to you: the order will commence today and end on
5 March 2025, being for a period of two years. You will be required to attend the Melton Community Correctional Services at 2A Barries Road, Melton, within two clear working days after the commencement of the order, which will be by 4.00 pm on 8 March 2023.
5 The order will carry a number of specific terms that apply to all community correction orders and they are:
- you must not commit another offence punishable by imprisonment during the time the order is in force;
- you must comply with any obligation or requirement prescribed by Regulation 17 of the Sentencing Regulations, which essentially means not turning up to appointments whilst drug or drug affected;
- you must report to and receive visits from the Secretary of the Department of Justice or his or her delegate;
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you must report to the community corrections centre within two clear working days of the order starting;
- you must let a community corrections officer know within two clear working days of you changing your address or job;
- you must not leave Victoria without first getting permission to do so from the Secretary of the Department of Justice or his or her delegate; and
- you must obey all lawful instructions from and directions of the Secretary of the Department or his or her delegate.
6 In addition:
- you will be required to perform 120 hours of unpaid community work over the two-year period of the order as directed by the regional manager and I order that 60 hours of treatment and rehabilitation satisfactorily undertaken are to be counted as hours of unpaid community work for the purposes of the unpaid community work condition - if you fail to comply with that order the Secretary of the Department of Justice or his or her delegate may give you a direction to perform additional hours of unpaid community work in accordance with the Sentencing Act;
- you must be under the supervision of a community corrections officer for the period of two years during which the order is in force;
- you must undergo assessment and treatment (including testing) for drug abuse or dependency, as directed by the regional manager;
- you must participate in programs and/or courses that address factors relating to the offending as directed by the regional manager;
- you must not contact or associate with Majok Majok, Adiu Riak, Shafi Muvunyi and Kolang Arop during the period covered by the order; and
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you must reappear at this court for review of your compliance with the order as directed by the court - you must attend for review on 15 June 2023 at 9.30 am at this court.
7 If you fail to comply with any of the terms of the order you may be brought back to this court, probably before me, and you could be ordered to serve a period of up to three months’ imprisonment for breaching the order.
8 If you breach the order by committing a further offence punishable by imprisonment during the period of the order you could be punished for that itself, as well as any further punishment for breaching the order. The court will have the option of discharging the order and re-sentencing you for the original offending, that is, the handling stolen goods.
9 Do you understand the terms of the order that I have just read out to you?
10 ACCUSED: Yes, sir.
11 HIS HONOUR: Do you need any time to discuss it with your client or have you been through it?
12 MR MENON: He understands.
13 HIS HONOUR: All right. Are you willing to comply with the terms of the order?
14 ACCUSED: Yes, sir.
15 HIS HONOUR: You will be asked to sign the order in those terms. When you have signed it I will sign it and then the order is in force. Perhaps you wouldn't mind supervising that, Mr Menon? Thank you.
16 MR MENON: Your Honour, may I approach the dock?
17 HIS HONOUR: You may.
18 But for your pleas of guilty, I would have sentenced you to a term of three years imprisonment with a non-parole period of two years
19 I make the order for forfeiture, was it or - - -
20 MS OLLQUIST: It is a disposal order, Your Honour.
21 HIS HONOUR: A disposal order.
22 MS OLLQUIST: For the knife.
23 HIS HONOUR: Yes. I make that order. Are there any other matters, counsel?
24 MS OLLQUIST: No, Your Honour.
25 MR MENON: No, Your Honour.
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