Director of Public Prosecutions v Magok

[2018] VCC 1512

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR 18-00467

DIRECTOR OF PUBLIC PROSECUTIONS

v

MAJUR MAGOK

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JUDGE:	HIS HONOUR JUDGE M. P. BOURKE
WHERE HELD:	Melbourne
DATE OF HEARING:
DATE OF SENTENCE:	18 September 2018
CASE MAY BE CITED AS:	DPP v MAGOK
MEDIUM NEUTRAL CITATION:	[2018] VCC 1512

REASONS FOR SENTENCE
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Subject:
Catchwords:
Legislation Cited:
Cases Cited:
Sentence:

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APPEARANCES:	Counsel	Solicitors
For the Office of Public Prosecutions	Ms Y. Giannopoulos
For the Accused	Ms P. Smith

HIS HONOUR:

1For the reasons I stated in this court on 17 August of 2018, I formally sentence you as follows.  For one charge of armed robbery, you are sentenced to twelve months imprisonment.  I declare under s.18, 288 days of that sentence already served.  In addition, I impose a community corrections order of two years duration.  The usual terms will apply and I will read them out to you in a short time.  There will be additional conditions of community work of 250 hours.  As to that, 50 hours of rehabilitation program work can be set off against that 250 hours. 

2There will be a condition of supervision, of mental health assessment and treatment, of drug assessment and treatment. There will be judicial monitoring. There will be a condition requiring your compliance with programs to reduce reoffending under s.84D(3)(f) of the Sentencing Act and I will impose a three month curfew.  That will mean this, that between the hours of 11 pm and
7 am, you must remain at your family residence.  That will run for three months after your time of release from prison which is expected to be in early December, probably 4 December.  Is that right Ms Smith?

3MS SMITH:  Yes, Your Honour.

4HIS HONOUR:  All right.  Now I need to declare under s.6AAA what the sentence would have been, but for a plea of guilty.  I would have imposed a sentence of four years imprisonment, with a minimum term of two years to serve, had you not pleaded guilty to this matter.  Is there anything else I need to do?

5MS GIANNOPOULOS:  No, Your Honour.

6HIS HONOUR:  All right, well take a seat for the moment and we will have that order printed out. 

7MS GIANNOPOULOS:  Your Honour, I just note that there was a disposal order that was ‑ ‑ ‑

8HIS HONOUR:  Yes.

9MS GIANNOPOULOS:  ‑ ‑ ‑ made, so I just raise that.

10HIS HONOUR:  Well I would not have signed it, I do not sign it until final sentence.  So have you got that now?

11MS GIANNOPOULOS:  I should have a copy, yes.

12HIS HONOUR:  All right, well you can have a look for that now.  That is it in relation to ancillary orders, the disposal order?

13MS GIANNOPOULOS:  That's all, Your Honour.

14HIS HONOUR:  All right.

15MS GIANNOPOULOS:  I have one here that is signed.

16HIS HONOUR:  I signed it?

17MS GIANNOPOULOS:  That must've been for the co-accused ‑ ‑ ‑

18HIS HONOUR:  It would have been for Scoun, yes.

19MS GIANNOPOULOS:  ‑ ‑ ‑ because there were some things that were marked off and ‑ ‑ ‑

20HIS HONOUR:  All right, if you have not got an order that is precisely applicable to Mr Magok, I will make the order and I will sign it in chambers if it is sent to me. 

21MS GIANNOPOULOS:  Thank you, Your Honour.

22HIS HONOUR:  All right.  Now just give me a moment to look at this.  Has the order you have printed out gone to counsel?

23ASSOCIATE:  That?

24HIS HONOUR:  Yes, now could you give it to counsel now, the printout.  Thank you.  I am just wondering whether - it is all right.  Is there any need for the portal to remain on?  We are really just going to do - yes, we will turn it off now. 

25All right, now that looks to be in order.  All right, stand up again, I will need to read out to you the precise conditions, so that you understand them and agree to them.  The order will run for two years after your release from prison and the usual terms of such an order are these.  You must not commit another offence for which you could be imprisoned during that time.  You must comply with an obligation under a regulation which forbids you from attending any program or appointment, affected by alcohol or drugs, or in possession of illegal drugs.

26You must report to and receive visits from Community Corrections.  You must report to the relevant community corrections centre within two days of your release from prison.  You will have a copy of this order.  The relevant community corrections centre is Melton Community Correctional Centre in Unit Street, Melton.  Do you know where that is?

27OFFENDER:  No.

28HIS HONOUR:  Well you will find out.  Brookfield is an area near Melton I take it.  You must let Community Corrections know within two days of a change of address or job.  You must not leave Victoria without getting their permission.  You must obey all of their lawful instructions and directions.  Now, the special conditions are that you perform 250 hours of unpaid community work over that period of two years.  Fifty hours of your compliance, or engagement in the program conditions which I will read out to you, can be set off or deducted from that.

29You must be under supervision of a community corrections officer.  You must undergo assessment and treatment for drug abuse and  dependency.  You must undergo mental health assessment and treatment as directed and you must participate in programs that address the factors particularly related to this offending.  Further, there is a curfew.  You must remain at the family home at
4 Foxtail Place, Brookfield between the hours of 11 pm and 7 am, for a period of three months after the commencement of the order, after early December.

30You must attend for review before me on 5 February of 2019.  I will get a report about how you are going and if you are going well, you can go to the Community Corrections Office.  If you are not going well, you will have to come and see me in person.  Do you follow that?

31OFFENDER:  Yes, Your Honour.

32HIS HONOUR:  People will let you know about these things as you go.  All right, now do you understand all of that?

33OFFENDER:  Yes, Your Honour.

34HIS HONOUR:  And do you agree to it?

35OFFENDER:  Yes, Your Honour.

36HIS HONOUR:  All right.  I will sign it now too.  Now some people do not get through these orders.  I want to as you a question.  What do you think the biggest risk for you is?  What might cause you not to get through this community corrections order?

37OFFENDER:  Um, oh doing the community work, Your Honour.

38HIS HONOUR:  Say again?

39OFFENDER:  Doing the community work.

40HIS HONOUR:  Doing the community work?

41OFFENDER:  Yeah.

42HIS HONOUR:  Well I would have thought your biggest risk would be to the sorts of people you were mixing with and a failure to stay off drugs, because if you fall for that, I should imagine you will not be doing much community work and you will be back before me, because that is what this means.  If you do not comply with the order, you come back before me and I have to look at it all again.  Do you follow that?

43OFFENDER:  Yes, Your Honour.

44HIS HONOUR:  All right, well good luck with it, I hope it goes well for you.

45OFFENDER:  Thank you.

46HIS HONOUR:  Is there anything else I need to do?

47MS GIANNOPOULOS:  No, Your Honour.

48HIS HONOUR:  Good.  Mr Magok can be taken into custody now.  All right, so we've got the trial starting at 2.15, is that right?  I have got nothing else now?  Just let me get this.  Good, all right.  Thank you.

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