Director of Public Prosecutions v Mazzonetto
[2015] VCC 507
•29 April 2015
| IN THE COUNTY COURT OF VICTORIA | Revised Not Restricted Suitable for Publication |
AT MELBOURNE
CRIMINAL DIVISION
Case No. CR-15-00156
CR-15-00163
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| DANIEL MAZZONETTO |
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JUDGE: | His Honour Judge Maidment | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | ||
DATE OF SENTENCE: | 29 April 2015 | |
CASE MAY BE CITED AS: | DPP v Mazzonetto | |
MEDIUM NEUTRAL CITATION: | [2015] VCC 507 | |
REASONS FOR SENTENCE
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APPEARANCES: | Counsel | Solicitors |
| For the Director | Mr M. Robinson | |
| of Public Prosecutions | ||
| For the Accused | Mr P. Gordon |
HIS HONOUR:
1 Daniel Mazzonetto, you have pleaded guilty to an indictment charging you with trafficking in a drug of dependence on 20 September of last year, an offence of theft, Charge 2, on 2 October of last year, an offence of armed robbery, also on 2 October, an offence of robbery on 2 October, an offence of theft from a Megan Wilson on the same date, an offence of theft of two pairs of sunglasses from Anthony Franza on the same date, an offence of theft of a mobile phone belonging to Robert Lorenzon on the same date and, finally, an offence of theft of a wallet belonging to Megan Evans on the same date. You have admitted a number of prior court appearances and convictions, the most recent being convictions at this Court, on 25 February 2013, for which you received a sentence of imprisonment totalling 2 years and 4 months which you ultimately served in full. Those convictions involved some serious offences, including offences of aggravated burglary where there persons present in the home.
2 The prosecution has tendered and relied upon a summary of prosecution opening on the plea. I am not going to read that again. It is Exhibit A and I incorporate it in its entirety into these reasons for sentence. I note that there was no issue taken on the plea hearing with the contents of that summary of the facts. Prosecution also relied on a victim impact statement from the victim of the robbery, the subject of Charge 4. Not surprisingly, your actions caused him fear and there will undoubtedly be a residual emotional impact upon him from that crime, just as there clearly would be an emotional impact which will be ongoing from your victim of Charge 3 in which you robbed him at knife point.
3 I have to take into account the effect upon your victims. You, I think, have now at least an appreciation of that effect. You expressed remorse during the course of the conversation that formed part of the plea hearing process. I thought you were sincere and I suspect that now, in the cold light of day, away from the influence of the illicit substances that you were using at the time, that you are sincere and that you are remorseful. I hope that those feelings stay with you because they will perhaps stop you doing it again. Your counsel on the plea provided me with an outline of submissions and that is Exhibit 1 on the plea. I incorporate those into these reasons for sentence in their entirety and take into account all of the points that are made.
4 In addition, I was provided with the reasons for sentence of Her Honour Judge Sexton. I have read those and taken them into account, just as I have read a report from Dr Danny Sullivan, dated 14 April 2012 which was used during the course of the plea hearing before Her Honour Judge Sexton.
5 Your counsel also provided me with the various certificates that show that you have used your time in custody wisely. I think you have made a genuine effort to improve yourself and give yourself a wider range of skills, to give you a better chance of getting work when you get out and help with your rehabilitation.
6 One of the advantages of the Koori Court process is that you got to speak. I noted at the time that you are a good talker. I noted today that you are a good talker and I think the elders noted that you are a good talker. They had a few things to say to you. Amongst others, they expressed the disappointment that they had with your conduct and noted the fear that you would have instilled in your victims of the armed robbery and the robbery and indicated their view that you should be thoroughly ashamed of yourself and that you have, to some extent, brought discredit upon your Aboriginal community. I hope that those words would have stuck with you and that you will remember them, not just now, but during the period that you are subject to this community correction order that I have already foreshadowed and that that will help you to determine better choices in the future.
7 You will, I hope, as you have indicated you wish to do, engage with your community in Echuca. I personally have met a number of the people from that area in your community. There are some very good people there who are genuinely understanding of what you have been through in your younger life and are able, if you will let them, to help you establish yourself as a useful member of the community. Very much will depend on what attitude you show, not just today or tomorrow, but during the course of the next couple of years as to whether you get through this because the option that I am offering you of a community correction order is a lot harder than it looks. There will be many occasions upon which you will find it a nuisance; you will be tempted not to turn up for appointments; you may be tempted to get back into bad company; you may be tempted to take illicit substances other than heroin. Hopefully you will remain on your methadone program and you will be able to wean yourself off methadone in the course of the next period, be it 6 months or 2 years. If you can do all that, then you are going to have a real chance. If you do not, well, you know what the consequences are, do you not? Because firstly, if you breach the order, you come back here on a breach. You are up for 3 months' imprisonment, just for the breach. If you are in breach because you commit another offence you are up for whatever punishment you get for the other offence or offences and if you are up on a breach on either basis, then you are liable to be resentenced on these offences.
8 I have already told you a number of times what is going to happen to you if you do that. You leave the court with no choice and a term of imprisonment will be a substantial term of imprisonment. I have taken the view, notwithstanding these are serious offences, would ordinarily require a substantial term of imprisonment, particularly for somebody with your prior record, that the community is going to be better off giving you a chance. It is not just for your benefit, it is for the community's benefit that I have this in mind and it may be your last chance. Because if you do get sentenced to a term of imprisonment for this that will mean you will have spent the best part of your early adult life in gaol. I know you do not like that and it would be very unfortunate if it turns out that way.
9 So for all of those reasons, I am persuaded that the need to punish you, the need to denounce your conduct, the need to deter you and the need to others can be met by the community correction order that I have in mind, plus of course, taking into account the 209 days of presentence detention you have already served. The order is not just designed to punish you, but to facilitate your rehabilitation. That is why I have included, in particular, the drug treatment and rehabilitation condition. Again, it will be very much up to you the extent to which you approach that with a sense of purpose and determination and make use of the programs that are offered to you.
10 That is enough of a lecture from me. I think it will be enough of an indication of the reasons why I have reached the conclusion that I have as to the appropriate sentence and I am now ready to pass sentence upon you so if you just stand, please.
11 Daniel Mazzonetto, on Charge 1, of trafficking in cannabis, I convict you and sentence you to imprisonment for a period of 30 days. On Charge 2, of theft, I convict you and sentence you to imprisonment for 60 days. On Charge 3, of armed robbery, I convict you and sentence you to imprisonment for 209 days. On Charge 4, of robbery, I convict you and sentence you to imprisonment for 209 days. On Charge 5, of theft, I convict you and sentence you to imprisonment for 45 days. On Charge 6, of theft, I convict you and sentence you to imprisonment for 30 days. On Charge 7, of theft, I convict you and sentence you to imprisonment for 45 days. On Charge 8, of theft, I convict you and sentence you to imprisonment for a period of 60 days.
12 All of those terms of imprisonment will run concurrently and I declare that presentence detention of 209 days be reckoned as time served on that sentence, therefore deducted from the period you will actually have to serve which means you will be eligible for immediate release. In respect of all of the offences on the indictment, I impose a community correction order for a period of 2 years with the conditions set out in the order and the additional conditions over the top of the core conditions are that you be subject to supervision of the community corrections department during that two year period, that you perform 250 hours of unpaid community work during that two year period and that you participate in drug treatment and rehabilitation programs as directed, that you also participate in such offence specific programs as you are directed to attend by the manager of the community corrections office to which you are attached.
13 I order that all of the hours that you complete satisfactorily of the drug treatment and rehabilitation condition are to be counted as hours of unpaid community work so that, if you devote the full 250 hours and complete 250 hours of the drug treatment and rehabilitation program, then you will not be required to perform any further hours of unpaid community work. Do you follow? I order that there be an intensive compliance period for a period of 6 months, during which you will be required to perform 100 of those hours of unpaid community work. Obviously, again, if you choose to, by way of the drug treatment and rehabilitation hours.
14 There will be an order that you reside at 3 Quinn Court, Echuca, the address of your aunt, and that you be subject of a curfew between the hours of 10 pm and 5 am every day which means that you will have to remain within that address during those hours and the period, firstly, for residents at that address and for the curfew will be for a period of 12 months, but I will require you to come back on the - I think it is 29 October of this year for judicial monitoring because I want to see how you are going and I have already indicated that I would regard the order and what I have said today as constituting notice to the Office of Public Prosecutions of your intention to apply for a variation of the condition of residence with your aunt and the condition of curfew with your aunt and I will consider relaxing or removing those conditions, assuming that you have complied fully with the order at that time.
15 I make no promises. All I am indicating is that I will consider it and the degree to which you have complied will be of very significant influence upon me. The degree to which you have found work and otherwise behaved yourself will be a significant influence upon me at that time. It may be that after that period, you choose to continue living with your aunt, but it may be that work is offered to you elsewhere and you seek other variations of the order. They may have to be made on full notice to the prosecution, but this at least gives you a program, a focus, for a reasonable period of time, during which you can demonstrate your sincerity. As I said colloquially earlier, that you can put your money where your mouth is. All right? And I want to see that after six months.
16 So those are the conditions of the order. You already indicated through your counsel and, indeed, in signing the form to the community corrections officer who interviewed you, that you are willing to comply with the order in those terms. Are you willing to comply an order in those terms and do you consent to be placed on that order?
17 OFFENDER: I do.
18 HIS HONOUR: All right. Well, I will make that order. It, I think, has already been drawn up in draft. Yes, look, unfortunately, the computer system of the court is such that it is not always easy to do something that is a little unusual so we are just going to check. Take a seat, Mr Mazzonetto, and we will see if we can sort this out. I will leave the Bench for a few minutes whilst that is done.
19 MR GORDON: Yes, Your Honour.
20 HIS HONOUR: But we will get there in the end, even if we have to handwrite it in.
21 (Short adjournment.)
22 HIS HONOUR: I make the forfeiture and disposal orders in accordance with the drafts of which I have been provided and I also declare that, but for your pleas of guilty to these offences, I would have sentenced you to imprisonment for a period of 5 years with a non-parole period of 3 years. You get credit for your pleas of guilty, but it does serve to give you some idea of the seriousness with which this Court treats offending conduct of the kind that you pleaded guilty to. Do you understand that?
23 All right. Now, you are going to be asked to sign the community correction order and I will ask Mr Gordon to accompany my associate to explain that to you and make sure that you understand exactly what you are signing and make sure that the order is correct and as I have foreshadowed during the course of my reasons.
24 MR GORDON: Yes, Your Honour.
25 (Community Corrections Order signed and acknowledged.)
26 MR GORDON: Yes, thank you, Your Honour.
27 HIS HONOUR: Yes. All right. So you noted the judicial monitoring date, 29 October? So it is important that you make sure that you are in attendance on that day, all right? It will be a bit of a nuisance, but nevertheless, I think hopefully it will be worth your while attending at 9.30 on that day and I have - - -
28 OFFENDER: 29 October?
29 HIS HONOUR: Sorry?
30 OFFENDER: October?
31 HIS HONOUR: What time?
32 MR GORDON: 29th.
33 OFFENDER: 29 October?
34 HIS HONOUR: 29 October.
35 OFFENDER: Next month?
36 HIS HONOUR: No, no. Did I say May?
37 OFFENDER: So I do not have to go to Bendigo until October?
38 HIS HONOUR: On 29 October. That is six months' time.
39 OFFENDER: Yes. Yes. Yes.
40 HIS HONOUR: Yes. So that is for your judicial monitoring and that is the occasion when I want to understand that you have complied with the terms of the order and done your best to make best use of your order and when I will be considering whether to relax the conditions of residence and curfew. Okay?
41 OFFENDER: You will not be disappointed, Your Honour.
42 HIS HONOUR: I hope not and I expect not. It is of particular importance that you report to the community corrections centre at Bendigo. That is the first condition with which you must comply. You have two days to do that so I would get there as soon as you possibly can and get that out of the way and you will be given instructions as to what happens after that. Do you understand? All right. Mr Gordon, is there anything else that I need to say, really, do you think, to explain these conditions?
43 MR GORDON: No, Your Honour. I would be grateful if I could have a copy of that order.
44 HIS HONOUR: You will certainly have a copy of it. I have signed it now so that is in place and there will be a copy made available to you.
45 MR GORDON: Yes. Just for the court's benefit, we have certainly had - it has certainly been explained, the terms of the order during the break that Your Honour granted to us. My office regularly provides additional instructions, and that will occur in this case, about what to do and I am satisfied that an explanation has been given.
46 HIS HONOUR: All right. Well, you will have a copy of the order.
47 MR GORDON: Yes.
48 HIS HONOUR: Now, obviously, your client has to be processed downstairs.
49 MR GORDON: Yes.
50 HIS HONOUR: Will you go and see him downstairs or will you meet him afterwards?
51 MR GORDON: He is quite keen to be immediately released.
52 HIS HONOUR: Yes.
53 MR GORDON: I am going to make an arrangement with him hopefully to meet in the little courtyard outside of court so that we can - - -
54 HIS HONOUR: And he is presumably going to be travelling to Echuca today, is that - - -
55 MR GORDON: He is quite keen to obtain the clothing which was taken from him, but he is also aware that he needs to be in Echuca tonight in 3 Quinn Street by 10 o'clock.
56 HIS HONOUR: Yes. All right. Well, there is a bit to do then.
57 MR GORDON: There is. Yes.
58 HIS HONOUR: I will let him go do that.
59 MR GORDON: Yes, Your Honour.
60 HIS HONOUR: Now, these certificates, I think you should have them back.
61 MR GORDON: Yes, Your Honour.
62 HIS HONOUR: All right. So I will return those.
63 MR GORDON: Thank you, Your Honour.
64 HIS HONOUR: All right. Well, see you in six months.
65 OFFENDER: Thank you, Your Honour.
66 HIS HONOUR: All the best. I hope we do not see you before.
67 OFFENDER: You will not be disappointed.
68 HIS HONOUR: Because if I see you before you will be up on a breach.
69 OFFENDER RELEASED
70 All right. Well, I will rise whilst we reconstitute Mr Outen.
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