Director of Public Prosecutions v Manley

[2015] VCC 1299

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

AT WARRNAMBOOL
CRIMINAL JURISDICTION

CR-15-00296

DIRECTOR OF PUBLIC PROSECUTIONS

v

MICHAEL JOHN MANLEY

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JUDGE:	HIS HONOUR JUDGE DEAN
WHERE HELD:	Warrnambool
DATE OF HEARING:	16 September 2015
DATE OF SENTENCE:	17 September 2015
CASE MAY BE CITED AS:	DPP v Manley
MEDIUM NEUTRAL CITATION:	[2015] VCC 1299

REASONS FOR SENTENCE
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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr P Bourke	Office of Public Prosecutions
For the Offender	Mr M Perry	Dwyer Robinson

HIS HONOUR:

1Michael John Manley, you have pleaded guilty to the following offences -

2Making a threat to inflict serious injury contrary to s.21 of the Crimes Act 1958. The maximum penalty for that offence is five years' imprisonment.

3Criminal damage contrary to s.197(1) of the Crimes Act 1958. The maximum penalty for that offence is ten years' imprisonment.

4Theft contrary to s.74(1) of the Crimes Act 1958. The maximum penalty for that offence is ten years' imprisonment.

5Armed robbery contrary to s.75A(1) of the Crimes Act 1958. The maximum penalty for that offence is 25 years' imprisonment.

6You have also pleaded guilty to the following related summary offences. 

7Unlawful assault contrary to s.23 of the Summary Offences Act 1966. The maximum penalty for that offence is three months' imprisonment or a fine of 15 penalty units or both.

8Driving whilst suspended contrary to s.30(1) of the Road Safety Act 1986. The maximum penalty for a subsequent offence is a fine of 240 penalty units or two years' imprisonment or both.

9You have also pleaded guilty to the unrelated summary offence of breach of a Community Correction Order contrary to s.83AD of the Sentencing Act 1991. The maximum penalty for that offence is three months' imprisonment.

10You pleaded guilty at committal mention and I have taken your early plea into account in your favour in mitigation of sentence. 

11You have admitted a criminal history dating to 1996 and comprising a number of court appearances and prior convictions for offences of criminal damage, assault and making a threat to kill. 

12You have been the subject of a number of sentences ordered by courts to facilitate your rehabilitation, which have to date been unsuccessful. 

13A prosecution opening was read to the court and tendered in evidence and your offending may be summarised as follows -

14In November 2014 you and Willow Middleton had been in an on-off relationship for approximately 17 years.  You two have a 12 year old daughter.  On 4 November 2014 you sent Ms Middleton a threatening text message.  Later that day you attended at her home and became verbally abusive towards her.  You then threatened her with a broomstick and used it to damage property in the house.  She fled and contacted police.  You then left the premises. 

15On 6 November 2014 you stole $85.77 worth of petrol from a Shell service station in Warrnambool and then committed an armed robbery at a liquor outlet.  You stole $76 worth of alcohol and threatened the store attendant by saying that you had a weapon in your pocket. 

16A short time later you were arrested by investigating police, who located two pocket knives in your clothing.  At that time your driver's license was suspended and you were on a Community Correction Order that had been ordered by the Warrnambool Magistrates' Court on 22 September 2014. 

17You were charged with the offences before this court and remanded in custody, where you have remained. 

18Your offending the subject of these charges is prevalent and the sentence that I impose must be calculated to deter you and others from offending in this way.  You must be punished for what you have done and your partner and the community must be protected from you. 

19I now turn to your personal circumstances.  You were born on 5 December 1973 and you are now aged 41.  You were 40 at the time of your offending.  You completed Year 12 at Warrnambool Technical School.  Your relationship with Ms Middleton is now over.  You have an intermittent work history and have worked in a variety of unskilled occupations. 

20Your adult life, however, has been dominated by drug and alcohol addiction of some considerable severity.  It seems clear that intoxication produces agitation and anger in you and there must, in my opinion, be some underlying psychological disturbance for your behaviour.  However, you have now detoxified in prison and it would appear that you have gained weight and returned to some physical health. 

21On the material before me it would appear that you have had no adequate treatment in the past for your underlying psychological disturbance and drug and alcohol addiction. 

22I received in evidence a psychiatric report of Dr Nina Zimmerman and a further report of Dr Sue Richardson in relation to your developmental history, psychological profile and polysubstance abuse disorder.  I accept that you require ongoing intensive treatment and support. 

23Your sister, Kirsten Thompson, was called to give evidence during the course of your plea and she gave impressive evidence that she and her family will provide you with support on your release from prison.  Furthermore, she stated that you can reside with her in Ballarat.  This will have the effect of distancing you from undesirable connections in Warrnambool and it will also enable you to pursue an appropriate relationship with your daughter. 

24In my opinion, any assessment of your prospects for rehabilitation must be guarded and they are dependent upon you receiving ongoing treatment and support for your drug and alcohol addictions. 

25In the result, I had you assessed for suitability for a Community Correction Order and I have received from Corrections Victoria a report stating that you are suitable for such a disposition. 

26In my opinion, the purposes for which this sentence are to be imposed will be achieved by you being released on such an order upon you completing a term of imprisonment in relation to the charge of armed robbery. 

27In the result, the sentence of the court is as follows –

28On Charges 1, 2 and 3 on the Indictment and the two related summary offences, you are convicted and sentenced to be placed on a Community Correction Order for a period of two years on the usual core conditions. 

29I further order that during the period of the order you be under the supervision of the community correction officer, that during the period of the order you undergo assessment and treatment for drug abuse, that during the period of the order you undergo assessment and treatment for alcohol abuse, that during the order you undergo mental health assessment and treatment and during the period of the order you participate in programs to address your offending behaviour, in particular, anger management. 

30I have further imposed a residence restriction requiring you to reside at 433 Kline Street, Ballarat for the period of the order. 

31In relation to Charge 4 on the Indictment, the charge of armed robbery, you are convicted and sentenced to be imprisoned for a period of 12 months. 

32I declare that you have served 316 days by way of pre-sentence detention, not including today. 

33But for your plea of guilty, I would have sentenced you on that charge to a term of imprisonment of 18 months. 

34In relation to the unrelated summary offence, you are convicted and discharged and the order of the Warrnambool Magistrates' Court made on 22 September 2014 is hereby cancelled. 

35All driver's licenses held by you are cancelled and you are disqualified from obtaining a driver's license in the state of Victoria for a period of three months. 

36MR BOURKE:  Your Honour, can I hand up two compensation orders. 

37HIS HONOUR:  Thank you.  Yes, I have made those ancillary orders. 

38MR BOURKE:  Thank you, Your Honour. 

39HIS HONOUR:  Mr Manley, the authorities can use reasonable force to obtain the forensic sample from you.  It will involve a scraping to be taken from the inside of your mouth.  So you're required to cooperate.  Thank you. 

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