Director of Public Prosecutions v Mackay

[2015] VCC 1093

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR-12-02107

DIRECTOR OF PUBLIC PROSECUTIONS

v

GARRY MACKAY

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JUDGE:	HER HONOUR JUDGE WILMOTH
WHERE HELD:	Melbourne
DATE OF HEARING:	11 August 2015
DATE OF SENTENCE:	11 August 2015
CASE MAY BE CITED AS:	DPP v Mackay
MEDIUM NEUTRAL CITATION:	[2015] VCC 1093

REASONS FOR SENTENCE
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Subject:  Contravention of Community Corrections Order
Resentenced:   12 month Community Corrections Order imposed.

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APPEARANCES:	Counsel	Solicitors
For the Accused	Mr R. Willcox
For the Director of Public Prosecutions	Mr J. Robbins

HER HONOUR: 

1Mr Mackay, I am going to place you on a new Community Corrections Order.  As I have just said to Mr Willcox, even though the officer assessed you as unsuitable, for various reasons I think there should be a new order.

2It is clear that the offending that you were sentenced for occurred four years ago and there has been no further offence of that sort or any sort, except for the breach of the Sex Offender Registration Act provisions. You have already been dealt with for that and the magistrate at Bendigo has placed you on a separate Community Corrections Order which you certainly began to comply with quite well, apparently, but there have been some fluctuations in that and you are aware of that.

3You come here today having breached the original CCO that I placed you on and I formally find that breach proven and I am going to impose a fine of *$200.00.  I will come back to that in a moment.

4The next step is to impose the new Community Corrections Order which will last for 12 months, and it will begin today.  You will have to undergo supervision and you will have to continue to have psychological treatment and that be arranged for you.  It is up to you to talk to the Corrections people about the fact that Dr Thomas is available to see you, and I understand you are willing to do that.

5The last thing is that you have to comply and participate in the Sex Offender Program.  I know you have difficulties travelling from Bendigo to Melbourne, and you also have a fundamental problem with attending the program   anyway.  That has been set out by the Corrections officer in the report and Mr Willcox tells me he has talked to you about that but that you understand that prison is still a viable possibility as a sentencing alternative in this case because of the very serious nature of these offences.

6I am giving you another chance at fulfilling a sentence that is lenient but imposes what, for you, are quite difficult obligations.  You have told Mr Willcox that you are prepared to try again and so I am giving you that chance today.

7As Mr Robbins quite rightly said, rehabilitation is a very important part of an offender's post-offence history and behaviour.  One of the aims of sentencing is to stop people offending again and that has partly been achieved after some four years.  But you are still being assessed as being at high risk of re-offending and that is something that is very concerning for me and that is why I am going to persist with requiring you to do the Sex Offender Program.

8Having said all that, the Community Corrections Order is available now for you to sign, Mr Willcox can have a look at that.  Just before you do, my associate will pass it to him now.  You will have to report to the Corrections Office in Bendigo within the next two working days.

9Finally, Mr Mackay, the last thing I want to say is the fact that you are having to see the magistrate in Bendigo from time to time for what we call judicial monitoring, is something that gives me some confidence in you being able to conform with both these orders; the one I am imposing today and the one that the magistrate has already imposed.  I think it is a very good idea.  I would have you coming to see me regularly if you did not live in Bendigo.  Obviously that is quite impractical for you to come regularly all the way to Melbourne when you are already having to come for the Sex Offender Program, and I do not want to make anything more difficult for you, but it is good to know that you are going to see the magistrate regularly.

10Mr Willcox, is there anything else you want to add?

11MR WILLCOX:  Nothing further, Your Honour.

12HER HONOUR:  Mr Robbins.

13MR ROBBINS:  If I could just confirm the period of the CCO?

14HER HONOUR:  Twelve months, starting today.

15MR ROBBINS:  Thank you, Your Honour.

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AFTER COURT 

7 AUGUST 2015

Note:The Prosecutor advised the Judge’s associate and Defence Counsel by email that in the event that a Commonwealth offender does not comply with the CCO, the offender may be summoned to the Court from which he/she was originally sentenced under s20AC of the Crimes Act 1914 (Cth) – the provision referred to in the Charge Sheet and Summons that was filed in this matter. There is no specific offence for breaching a CCO for a Commonwealth offence (as there is for a State offence). Rather, the matter is simply brought back before the Court as referred to above.

The Court having considered the matter, the order was amended and the fine of *$200 was vacated.
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