Director of Public Prosecutions v McKinnon
[2024] VCC 1976
•29 November 2024 10 December 2024
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
Case No. CR-22-02376
Indictment No. N11736295
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| JAKE MCKINNON |
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JUDGE: | HIS HONOUR JUDGE TRAPNELL | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 28 June 2023, 12 September 2023, 5 February 2024, 11 June 2024, 21 October 2024 | |
DATE OF SENTENCE: DATE OF REASONS | 29 November 2024 10 December 2024 | |
CASE MAY BE CITED AS: | DPP V MCKINNON | |
MEDIUM NEUTRAL CITATION: | [2024] VCC 1976 | |
REASONS FOR SENTENCE
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Subject:Criminal Law – Sentence
Catchwords: Attempted aggravated carjacking – Theft – Attempted theft –Serious offending – History of alcohol and substance abuse– Acquired brain injury – Major depressive disorder – Generalised anxiety disorder – Attention deficit hyperactive disorder – Relevant criminal history – Genuine remorse – Verdins principles 1 to 6 engaged – Sentence deferral – Time spent at Odyssey House – Very good prospects of rehabilitation
Legislation Cited: Sentencing Act 1991
Cases Cited:R v Cooper (1998) 103 A Crim R 51 – CD v The Queen [2013] VSCA 95 – Phillips v The Queen (2012) 37 VR 594 – R v Verdins (2007) 16 VR 269 – Akoka v The Queen [2017] VSCA 214
Sentence: Total effective sentence of 397 days’ imprisonment with a 3-year CCO
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Mr B Kerlin Mr E Fargher Mr M White | Abbey Hogan, Solicitor for Public Prosecutions |
| For the Accused | Ms Z Broughton | James Dowsley & Associates |
HIS HONOUR:
1Jake McKinnon, you have pleaded guilty to an indictment containing one charge of attempted aggravated carjacking (Charge 1),[1] one charge of attempted theft (Charge 2)[2] and one charge of theft (Charge 3).[3]
[1] Contrary to ss 79A and 321M of the Crimes Act 1958.
[2] Contrary to ss 74 and 321M of the Crimes Act 1958.
[3] Contrary to s 74 of the Crimes Act 1958.
2The maximum penalty for attempted aggravated carjacking is 20 years’ imprisonment.[4] The maximum penalty for attempted theft is 5 years’ imprisonment[5] and the maximum penalty for theft is 10 years’ imprisonment.[6]
[4] Pursuant to ss 79A and 321P of the Crimes Act 1958.
[5] Pursuant to ss 74 and 321P of the Crimes Act 1958.
[6] Pursuant to s 74 of the Crimes Act 1958.
The facts
3The prosecutor filed a summary of prosecution opening for plea dated 9 June 2023,[7] which I am told by your counsel I can treat as a statement of agreed facts for the purposes of sentencing you.
[7] Exhibit (‘Ex’) P1.
Background
4On Thursday 11 August 2022, you and your friend were using methylamphetamine and GHB in the Blackburn North area. After a disagreement with your friend, you left and walked alone. At 7:30pm, you saw a white Mercedes motor vehicle in the car park of the Blackburn Square Shopping Centre. Arming yourself with a metal pole, approximately 30cm in length, you found in the carpark, you waited for the owner of the car to return.
Charge 1
5At 8:00pm, Mr Chenjung Wang, his wife Ms Xaoting Ji, and their six year old son, finished grocery shopping and returned to their white Mercedes motor vehicle. As Mr Wang loaded the shopping into the boot of the car, you attempted to open the driver’s door, which was locked. Whilst holding the metal pole, you demanded Mr Wang open the door or you were ‘going to smash it’.
6Mr Wang steered his wife and son away from you and the car. He told you he could not open the door, to which you replied ‘give me the keys, it’s nice, I want it’, ‘give me the car, it’s nice, I want it’ and ‘you guys have insurance, so give it to me’.
7Ms Ji picked up her son to protect him. Her son could understand what was happening and offered to give you his four packets of ‘Fixems’, if you did not smash their car. Mr Wang and Ms Ji pleaded with you not to damage their car. At this point their son was in tears.
8To appease you, Mr Wang offered you $1000, saying he could return to the shopping centre to withdraw the money. You were concerned Mr Wang would notify the police so you refused to let him leave.
9At approximately 8:03pm, Benjamin Johns and Alex Illig parked their car near where your offending was taking place. They could see that Mr Wang and his family were in distress. Mr Johns asked what was happening and Mr Wang explained the situation and asked for help.
10You were standing by the Mercedes smoking a cigarette when you were approached by Mr Johns. He asked what you wanted and you replied that you just wanted the car. The interaction was filmed on Mr Johns’s mobile phone. Ms Illig called 000 and loudly announced that police were on their way.
11Once you became aware police had been notified, you left the scene and entered the Blackburn Square Shopping Centre.
Charge 2
12Mrs Yun Wang was finishing her grocery shopping with her three children, aged 5, 8 and 9 years, around the time you entered the shopping centre.
13Mrs Wang and her children returned to her parked BMW motor vehicle. Her two youngest children sat in the back seat. Mrs Wang and her eldest child unpacked the groceries and placed them in the boot of the car.
14You ran up to the BMW and got into the driver’s seat with the intention of stealing the car. As the keys were not in the ignition, you got out of the vehicle and told Mrs Wang to give you the keys and to tell her children to get out of the car.
15Mrs Wang responded, ‘my kids are too little, don’t’. Her five-year old child began to cry. When Mrs Wang heard another car approaching she yelled out for help in an effort to attract the occupants’ attention.
16You then walked away from Mrs Wang and hid behind another car. Mrs Wang rushed to get back into her car and drove away. When she arrived home she told her husband, who called the police.
Charge 3
17After the altercation with Mrs Wang, you left the Blackburn Square Shopping Centre carpark and walked to the Nunawading McDonald’s restaurant to charge your mobile telephone. You then walked to a Coles supermarket in nearby Mitcham.
18At Coles you stole a knife. You later told police you stole the knife in order to protect yourself. You then walked back to the Ringwood McDonald’s and fell asleep in a booth. The McDonald’s staff saw you were sleeping with a knife next to you and contacted police.
Arrest and interview
19On 12 August 2022, at approximately 7:30am, police arrived at the Ringwood McDonald’s. You were initially arrested for possession of an offensive weapon. However, once police identified you, you were also arrested in relation to an outstanding bench warrant.
20Later that morning, you were taken to Ringwood Magistrates’ Court in relation to the warrant. In the intervening period, you were identified from the video footage taken by Mr Johns as being involved in the present offending. In relation to this offending, you were later arrested outside the Ringwood Magistrates’ Court.
21You participated in a record of interview in which you made full admissions to the offending and said the following:
(a) You had been with a friend prior to the offending and you were both ‘all charged up’ on ‘juice’, which you said meant GHB. You ended up having an argument with your friend that you walked away from.
(b) You had consumed about 5ml of GHB, which was a lot for you, and ‘Ice’.
(c) You wanted to steal a car to drive it back to where you had left from.
(d) You saw many nice cars in the shopping centre car park, so you picked a Mercedes and waited about half an hour for the owners to return.
(e) You knew you could sell the Mercedes ‘in our game for like $3000’. You also wanted to ‘drive it for a bit’.
(f) You walked up to the owners of the Mercedes and said, ‘I like your car, gimme the keys’. At the time you had a ‘little bit of steel’ in your hands.
(g) You found the steel on the ground in the carpark and described it as round and long, like a piece of pipe.
(h) The car owners refused to give you the keys but offered to give you money.
(i) The car owners did not have any money on them, but were willing to withdraw cash. You told them they could not go back inside as they would call the police and told them to use PayID instead. You eventually walked off because you were worried the police might arrive.
(j) You armed yourself ‘just in case’ someone fought back, but you did not intend to hurt anyone.
(k) You did not believe you threatened to smash the car window, but conceded that you may have ‘made that movement’. You also agreed with the suggestion that you would have raised the pole, but you did not remember doing so.
(l) You left and walked through the shopping centre to the rear car park, where you said you ‘saw another opportunity’.
(m) You saw a woman with a Range Rover and because the door was open while she was at the boot of the car, you jumped in.
(n) You said the woman came around to the front of the car with her children, who were crying, so you exited the car and walked away.
(o) You demanded she give you the keys ‘maybe a few times’, but you gave up because her children were screaming and the woman was crying.
(p) You said that you “couldn’t do that sort of thing, couldn’t steal a car with kids in it”. You did have the metal pole up your sleeve, although you said you did not show it to the woman or use it at that time.
(q) When shown a still image from the video taken by Mr Johns, you agreed the person photographed was you; and
(r) You agreed you stole the knife police found from Coles in Mitcham. You said you placed it in your pants and walked out because “it’s a dodgy area”.
22You were charged and remanded to appear at the Melbourne Magistrates’ Court later that day.
Victim impact
23The victims of your offending did not prepare victim impact statements. Nonetheless, where no victim impact statement is relied upon, a sentencer may draw reasonable inferences from the known circumstances regarding the likely impact of an offence upon any victim.[8]
[8] See R v Miller [1995] 2 VR 348, 354 (Southwell, Ormiston and McDonald JJ); R v Lomax [1998] 1 VR 551, 559–560 (Ormiston JA, Winneke P and Hedigan AJA agreeing); R v Rankin [2001] VSCA 158 [10] (Winneke P, Vincent JA and O’Bryan AJA agreeing); MA v The Queen [2012] VSCA 214 [83] (Neave JA, Bongiorno JA and Whelan AJA agreeing).
24The victims would have suffered considerable distress and anxiety as a result of your conduct. The victims each had a right to feel safe entering their vehicles and the incident would have been a terrifying experience for them all, particularly the young children who were present at the time of your offending.
Offence seriousness
25Attempted aggravated carjacking is an inherently serious criminal offence.[9] The maximum penalty of 20 years’ imprisonment indicates the seriousness with which the legislature on behalf of the Victorian community views this offence.
[9] Russo v The Queen [2021] VSCA 244 [49] (Emerton JA, Priest JA agreeing).
26The offence of aggravated carjacking was introduced into Victoria in 2016[10] as a ‘necessary response to recent incidents of criminal offending’ and in recognition of the need for ‘government to make laws which help improve community safety’.[11]
[10] CA s 79A was inserted by s 4 of the Crimes Amendment (Carjacking and Home Invasion) Act 2016 which came into operation on 7 December 2016 (SG (No. 50) 6/12/2016 p1).
[11] Victoria, Parliamentary Debates, Legislative Assembly, 1 September 2016, 3330 (Martin Pakula MP, Attorney-General).
27The government was ‘very concerned about recent serious criminal offending, which has involved … dragging people out of their cars’.[12] In the Second Reading Speech associated with the enactment of this section, the Attorney-General said:
The government is introducing offences and penalties which appropriately reflect the terrifying nature of these crimes. In doing so, the government, and Parliament, denounce the perpetrators of such crimes in the strongest terms and send a message to the community that such activities will not be tolerated.[13]
[12] Ibid 3329.
[13] Ibid.
28While I accept your offending occurred on a single day, when assessing the gravity of your actions I must consider the fear you instilled in the victims. You confronted and threatened to harm the victims to procure their compliance, and carried a weapon that would inevitably terrify them.[14] It is also especially serious that children were present at the time.
[14] Cf Sikoulabout v The Queen [2018] VSCA 268 [60] (McLeish and Niall JJA).
29Further, I observe that attempted theft of a motor vehicle is a serious enough criminal offence.
30In relation to Charge 3, I assess the theft of the knife to be low-range offending. I accept the theft was opportunistic and was restricted to one incident.[15]
[15] Cf Chamma v The Queen [2020] VSCA 232 [71] (Priest, Beach and T Forrest JJA).
31Clearly, denunciation, general deterrence and just punishment must be given significant weight in sentencing you on Charge 1 in particular.
Application of mandatory non-parole period provisions
32As the prosecutor submitted, the mandatory sentencing provisions which apply to the offence of aggravated carjacking do not apply here as your offending is attempted, not substantive, aggravated carjacking.
Personal circumstances
33Several reports have been provided to the court to which I have had regard in sentencing you.
34You were assessed by Carla Ferrari, a forensic psychologist engaged by your legal representatives, on 16 March 2023. Ms Ferrari prepared a ‘Psychological Report’ on 23 April 2023, which was tendered at the plea hearing by your counsel.[16] You were also assessed by Dr Linda Evans, clinical neuropsychologist, on 14 November 2023. At a further plea hearing, your counsel tendered a ‘Neuropsychological Report’ prepared by Dr Evans dated 27 November 2023.[17]
[16] Ex D3.
[17] Ex D4.
35I also ordered the following reports:
(a) A ‘Psychological Pre-Sentence Report’ dated 8 August 2023 prepared by Dr Kate McGregor a clinical and forensic psychologist.[18]
(b) An ‘Extended Pre-Sentence Assessment Report’ dated 8 July 2024 prepared by Vanessa Robinson, a Courts Assessment and Prosecutions Services Officer, and Hussein Khalil, an Acting Supervisor at Reservoir Community Correctional Services.[19]
(c) A ‘Community Correction Order Assessment Outcome Report’ dated 15 November 2024 prepared by Gurjoit Dhillon a community corrections officer.[20]
[18] Ex C1.
[19] Ex C2.
[20] Ex C3.
36You were born in June 1997 and are currently 27 years of age. You were 25 years old at the time of the offending. You are the youngest of three children, with two older brothers, Jarod and Sean. You told Ms Ferrari you are particularly close to Sean, who resides in Queensland. You maintain regular contact with him and he visited you in custody while he was in Victoria.
37Ms Ferrari’s report describes your childhood as stable and positive, despite your parents separating when you were six years old. Your mother and father co-parented civilly, although you did tell Dr McGregor that the divorce impacted you as you observed your parents frequently argue prior to their separation. You remained in contact with your father and saw him during the week, when he coached your basketball team, and on most weekends.
38Dr McGregor spoke to your parents over the telephone when preparing the Psychological Pre-Sentence Report. Your mother told him you met all the developmental milestones within normal limits and you generally had a ‘placid’ temperament, although you were prone to occasionally losing your temper. Your father described you as polite and respectful but did note you could be impulsive and would get into trouble when bored. Your father recalls you enjoying outdoor activities while growing up because you had difficulty concentrating and completing tasks that did not interest you.
39Your father re-partnered when you were 14 years old and you did not have a good relationship with her. However, you told Ms Ferrari that your father met someone new two years later and you were able to forge a positive relationship with her. You said she was someone who was ‘lovely’ and who ‘stays out of [your] business’. Your mother has not re-partnered.
40You described your parents as your ‘best friends’ with whom you have ‘close and supportive relationships’. You denied having been exposed to any domestic violence, trauma or abuse as a child, particularly as you are close with your extended family on both sides. You recalled to Ms Ferrari that your parents instilled in you a strong work ethic. Positively, your parents continue to visit you regularly in custody and your mother took you to Odyssey House when I bailed you to that location.
Relationship history
41Ms Ferrari and Dr McGregor outline your relationship history in their reports. At 17 years old you fathered a son. Dr McGregor writes you were not in an ongoing relationship with your son’s mother at the time of his birth. You and your family had fortnightly weekend access visits with your son for three months, but this ceased after you were remanded in Parkville Youth Justice Centre. At the time of Dr McGregor’s report, you had no contact with him.
42Your most recent relationship was with a woman in Queensland. This relationship remained positive until you suffered a workplace accident (discussed below). Your then partner was diagnosed with post-traumatic stress disorder as a result of witnessing the accident. You told Ms Ferrari your ex-partner was really supportive and acted as your carer during your initial recovery period, however because you felt emasculated and depressed you self-medicated with alcohol and were not able to complete routine tasks. Your partner began drinking as well, which led to further arguments between you.
43Eventually you both relocated to Brisbane in an attempt to distance yourselves from the trauma associated with your accident. While you were intoxicated, you and your partner had an argument. You punched the television and injured yourself. The Queensland Ambulance Service attended to your injuries and contacted police once the circumstances relating to your injuries became apparent. A police-initiated domestic violence order was issued.
44You reported that your relationship breakdown was difficult to manage as you were already trying to focus on your arduous recovery. You lived with friends and then at your employer’s house. You continued to self-medicate with alcohol.
Education and employment history
45Ms Ferrari reported you encountered attention and behavioural difficulties at school which impacted your learning. You said you ‘never really wanted to be at school’ and would ‘fake being sick all the time’. You were easily distracted, often disruptive and would not complete allotted work. You achieved average grades, but you told Ms Ferrari you did not care enough. Instead, you expended any excess energy you had playing sport.
46Dr McGregor’s report highlights your behaviour deteriorated throughout your adolescence, from when you were approximately 13 years old. You not only became involved with antisocial peers, but you also frequently truanted, ran away from home, engaged in substance abuse, shoplifted and stole cars. You became involved in a youth gang in the Frankston area, joining them in physical fights and robberies. However, although you were able to make friends easily, you did recognise you were spending time with the ’wrong crowd’, as you called them.
47You disclosed to Dr McGregor you experienced intermittent periods of improved behaviour. For example, after completing Year 9 you left school and stayed at your uncle’s farm for three to six months. However, upon returning to Melbourne you told Ms Ferrari things went ‘downhill’. You lived on the streets for a period of time, and also spent time in juvenile detention. Eventually, you became sick of your own behaviour and positively enrolled back in school. You were able to complete a Certificate III in Agriculture.
48Following your detention at Parkville Youth Justice Centre, you undertook work experience on a dairy farm, where you were offered a permanent position. You were aged approximately 17 years. You worked there for 18 months and planned to take the farm over from the owner when he retired.
49Unfortunately, shortly after working at the dairy farm, you went on a methamphetamine binge. You were able to reflect on this experience with Ms Ferrari, stating you were frustrated with yourself for ruining ‘so many good opportunities’. In an attempt to ‘get away from everyone’, and to avoid continuing to get into trouble in Melbourne, you relocated to Queensland when you were 19 years old, and stayed there for six years. You told Ms Ferrari you had ‘always dreamed of working on farms’ so you moved when you obtained a job on a dairy farm there. However, the relocation was difficult for you as you initially had no support network in Queensland.
50Ms Ferrari’s report outlines a consistent employment history, but you do generally resign from jobs every 12 to 18 months because you feel unchallenged, restless and bored.
51In January 2022, you experienced a serious workplace accident when a ‘20kg-plus pulley’ fell from a height of 10 to 12 metres onto your head. You suffered a head injury and acute loss of consciousness. You needed practical and emotional support during your recovery and you have not been able to work since the accident. You are currently receiving Workcover payments,
Alcohol and drug use
52Your substance use commenced when you were 13 years old. You drank alcohol, engaged in ‘chroming’ and used cannabis with your friends on an almost daily basis. You also reported to Ms Ferrari recreational use of cocaine and MDMA at parties. At 16 years old, you began occasionally using crystal methamphetamine (‘ice’) which you described as contributing to feelings of calmness, reducing your restlessness and allowing you to be more in control of your emotions. After a few years, you stopped ‘chroming’ but continued daily cannabis use until you were 19. For a four month period when you were 19 years old, you used ice daily, leading to the loss of your job at the dairy farm in Victoria. Your use of illicit substances ceased when you moved to Queensland, but resumed when you moved back in with your father.
53When you were drinking alcohol heavily, you would consume up to eight standard drinks per day. You acknowledged to Ms Ferrari that alcohol has been a big issue in your life and your latest period in custody has been the longest time you have spent sober. You reported to Dr McGregor facing conflict within your relationship as a result of your alcohol consumption and you would also miss days of work because of the after-effects of drinking. You further admitted to being caught driving under the influence of alcohol on several occasions.
54After your major workplace injury, you progressed to drinking ten or more standard drinks per day. Although your alcohol consumption decreased when you moved back in with your father, concerningly, you recommenced heavily using illicit substances. Dr Evans reported in 2022 your brief use of 5ml of gamma hydroxybutyrate (GHB) a day.
55You denied to Ms Ferrari any use of opioids prior to being prescribed opioid-based medications following your workplace accident. To Dr McGregor and Ms Ferrari, you admitted to using unprescribed buprenorphine in custody to ‘pass time’ and manage your pain. Dr McGregor reported in July 2023 you were placed on opioid substitution therapy, with buprenorphine prescribed.
56During your assessment with Ms Ferrari, the drug use disorder identification test (‘DUDIT-E’) and alcohol use disorders identification test (‘AUDIT’) were administered. The DUDIT consists of 11 items used to measure patterns of drug use and various drug-related problems. A maximum total score of 44 is possible and scores of 25 or more are considered to be clinically significant and likely reflective of drug dependence. You scored 39/44. Ms Ferrari opines you fell within the high risk range for drug-related problems at the time of the offending. The AUDIT is designed to measure the risk of harmful or hazardous alcohol consumptions. You scored 39/40, placing you in the high risk category for alcohol-related harm in the 12 months preceding the offending.
57Ms Ferrari considered you suffer from alcohol use disorder, you are likely to meet the criteria for cannabis and stimulant use disorders.
58At the time of your assessment with Dr Evans, you had been abstinent for 14 months and progressing well at Odyssey House. Your experience at Odyssey House will be summarised later in my sentencing remarks.
Mental health and medical history
59In relation to your mental and physical health, I have had regard to the Queensland Health Discharge Summary which was tendered at the plea hearing.[21]
[21] Ex D5.
60You have a long-standing history of depression and anxiety which can be traced back to when you were 13 years old. You regularly experience feelings of frustration, restlessness, irritability, impatience and anger outbursts. You also feel as though you need to constantly be active and stimulated.
61You recalled to Ms Ferrari and Dr Mc Gregor being mandated to complete an anger management program and drug and alcohol counselling as part of a Youth Justice Order, but denied seeing any psychologists or psychiatrists during your adolescence.
62In August 2020, you were admitted as a psychiatric inpatient at Warrnambool Hospital following suicidal ideation and a suicide attempt. During this admission, you were prescribed seroquel, but you are unsure of the dosage. Dr McGregor summarised the opinions made at Warrnambool Hospital as follows:
The suicide attempt was described as impulsive and occurred following six months of low mood, loss of appetite and weight, feelings of worthlessness and increased alcohol use. This occurred during COVID while living and working on his uncle’s farm in the context of relational difficulties with his uncle and a pay dispute.
63Although you denied suffering from suicidal or self-harm behaviour outside of this episode, you did acknowledge past experience of suicidal ideation, occasionally while incarcerated, as well as a voluntary two-day inpatient admission in Queensland in 2021 for suicidal ideation. At the time of your assessments with Dr McGregor and Ms Ferrari, you had not engaged in further psychological treatment, other than being prescribed mirtazapine and sertraline for your depression whilst in custody. To Dr McGregor and Ms Ferrari, you said you had previously been prescribed both medications, but your sertraline prescription ceased due to non-compliance. You did find mirtazapine useful, however, for your mood and sleep.
64In respect of your physical health and medical history, you reported to Ms Ferrari having suffered from several possible head injuries prior to January 2022 due to falling off horses and bikes and being involved in fights. You denied any loss of consciousness. You were also unable to say whether any brain imaging took place following your suicide attempt.
65All three reports reference the serious workplace accident you experienced in January 2022, when a ‘20kg-plus pulley’ fell from a height of 10 to 12 metres onto your head. Dr McGregor indicated you ‘stopped breathing on site’ and required resuscitation by bystanders. Dr Evans provided the following summary of your injuries at the scene:
On arrival [by the Queensland Ambulance Service] he was found to have sustained an open skull fracture and closed head injury characterised by a large laceration to the front of the parietal lobe, with a ‘boggy mass’ on the border of the frontal lobe, as well as head and neck pain … Mr McKinnon was placed in an induced coma and intubated prior to transportation by air ambulance to the Royal Brisbane and Women’s Hospital.
66On arrival to the hospital, you were found to have sustained a right C5/6 cervical fracture, a fractured skull and subdural and extradural haemorrhages. After neurosurgery, you were placed in an induced coma for four days to address your brain bleed and head laceration and your progress was documented by Dr Evans as follows:
1) he experienced a Post Traumatic Amnesia of six days, 2) mobility was affected by a loss of balance, and symptoms of photosensitivity, attention/concentration difficulties, and changes to mood/behavioural response, and 3) brief cognitive assessment on 1st February 2022 produced results within the Average range, and it was considered there was no need for ongoing follow up of cognitive functioning.
You were discharged on 1 February 2022 with a number of medications.
67According to Ms Ferrari’s report, you were also told to attend follow-up appointments at the neurosurgery outpatient clinic and for imaging. At one of these appointments in March 2022, it was suggested to you that you were likely suffering from post-concussion syndrome as you were experiencing symptoms such as fatigue, headaches and increased difficulty concentrating, which were all to be expected from the extent of your head injury. In your assessment with Ms Ferrari, you said you continue to experience these symptoms, as well as daily skull and neck pain and challenges with your short-term memory. You told Ms Ferrari you felt as though your intelligence has reduced as you sometimes forget the sequence of usual activities.
68Ms Ferrari administered the patient health questionnaire (‘PHQ-9’), a brief tool used to assist in diagnosing major depressive disorder (‘MDD’). You scored 21, indicating severe depressive symptoms. You also endorsed thoughts of suicide or self-harm in the fortnight before the assessment. With Ms Ferrari, you also undertook the generalised anxiety disorder assessment (‘GAD-7’), a brief measure of symptoms of anxiety that asks patients to evaluate their level of symptoms over a two-week period. You scored 14, indicating a moderate level of anxiety.
69Based on your self-report, presentation at the interview and psychometric assessment, Ms Ferrari considers you suffer from MDD (recurrent, severe, with anxious distress) and sustained an acquired brain injury (‘ABI’) as a result of your workplace accident. Ms Ferrari concludes that preceding the offending you experienced episodes of MDD because your ‘pre-existing depression and anxiety symptoms were exacerbated in the context of multiple stressors’.
70While Ms Ferrari opined you suffer from attention deficit hyperactivity disorder (‘ADHD’), Dr Evans disagreed, stating:
with consideration to diagnostic criteria as required by the Diagnostic and Statistical Manual of Mental Disorders, and given the presence of more dominating elements that can account for alterations to attentional abilities, I am not convinced a diagnosis of [ADHD] is applicable.
71Rather, Dr Evans is of the opinion that your ‘self reported social anxiety and choice of relatively solitary occupations’ may correlate with ‘an underlying poorly developed personality structure’. This leads to a possible underlying avoidant personally disorder, which Dr Evans observes ‘may have potentially underpinned aspects of [your] behaviour from a young age’.
72During your assessment with Dr Evans, the depression anxiety stress scale (DASS-23) was administered. The DASS-23 is designed to screen for symptoms of underlying mood disorder and emotional dysregulation, as well as indicators for acute suicide risk that may have occurred in the preceding weeks. Dr Evans reported you ‘endorsed the presence of mood symptoms but not to within clinically meaningful ranges’ and you ‘did not select indicators for acute risk of suicide’. A neuropsychological assessment was also conducted by Dr Evans and several tests were administered in relation to literacy, memory, attention and speed of information processing, new learning and executive functioning.
73In relation to your ABI, Dr Evans opines:
Mr McKinnon presents with cognitive inefficiencies … that are manifested in poor visual memory skills, compromised verbal reasoning abilities, and higher order attentional capacity respectively. Notable, compromise to visual memory skills correlates highly with residual evidence of trauma … as detected on brain imaging.
[I]t is my opinion that Mr McKinnon sustained moderate cognitive deficits secondary to a Traumatic Brain injury in January 2022. However, he appears to have made considerable recovery grains from a neuropsychological perspective, particularly with the benefit of drug and alcohol abstinence and the support offered by the strict and predictable routine as well as the environment offered at Odyssey House.
Prior criminal history
74Your criminal history dates back to your first appearance in the Dandenong Children’s Court on 3 October 2014. On this occasion, you were placed on probation, without conviction, for a period of 12 months at the Frankston Youth Justice Centre in relation to several charges including common law affray, intentionally damaging property, shopsteal, recklessly causing injury, unlawful assault, armed robbery, committing an indictable offence whilst on bail and contravening a conduct condition of bail.
75On 18 August 2017, you appeared at the Dandenong Magistrates’ Court in relation to a number of dishonesty, property and driving offences. You were discharged without conviction upon giving security by recognisance of $500, to be of good behaviour for 12 months, and ordered to make a donation to the Royal Children’s Hospital Melbourne.
76On 12 August 2022, you appeared at the Ringwood Magistrates’ Court and a contravention of release on adjournment order was proven.
77Whilst your prior criminal history has some concerning aspects to it, it is not very extensive or serious. Nonetheless, given the nature of your offending conduct in the present case and your prior criminal history for dishonesty offences in particular, I must give some weigh to specific deterrence and protection of the community in sentencing you.
Character references
78Character references from your best friend and a previous employer were tendered by your counsel.[22]
[22] Ex D6.
79Your best friend writes you have known each other since 2017 and you are like a brother to him. He was shocked and disappointed to hear of your offending because he does not believe your true character is consistent with committing offences of this nature. He describes you as a kind-hearted and intelligent person. He believes you are a person he has always been able to rely on for support, particularly when you worked together and when he has needed assistance looking after his son. He also references a letter you wrote him, in which you said you were disappointed in yourself, knew you had done the wrong thing and you were sorry you offending as you were not ‘in a good way’ at the time.
80Your previous employer writes he has known you for five years and was your employer for two years when you worked in Queensland. You spent numerous special occasions, including your 21st birthday and Christmases, with him and you lived in his home as a member of his family. He was surprised to hear of your offending and says this is ‘totally out of character’. He describes you as trustworthy, peace loving, hard-working and keen to learn. He also says you are a likeable young man who was not only an employee, but also a friend.
81Clearly, you are reclaimable and your rehabilitation should be given priority in my sentencing synthesis. With the right supports and protective measures you should be able to lead a law abiding life in the future, but much will depend on your ability to remain free from alcohol and drug abuse.
Mitigating circumstances
82You pleaded guilty to the present charges on 28 June 2023. I accept your pleas are entered at the earliest forensically reasonable opportunity. The prosecutor accepted these are early pleas. Importantly, you have saved the witnesses the trauma of having to give evidence in court. Your plea also indicates your acceptance of responsibility for your offending conduct and a willingness to facilitate the course of justice.
Remorse
83I accept you are undoubtedly regretful for the situation in which you find yourself and the effect this has had on you. However, I must decide whether you demonstrate true contrition and remorse for your offending conduct. As Winneke P observed in R v Cooper:[23]
[a] distinction must always be carefully drawn between true regret for wrongdoing and regret engendered by concern for the position in which the offender finds [himself].[24]
[23] (1998) 103 A Crim R 51 (‘Cooper’).
[24] Cooper 55 (Tadgell JA agreeing). See also Raptis v The Queen (1988) 36 A Crim R 362, 366 (Young CJ , O'Bryan & Tadgell JJ).
84True remorse is a question of fact and is determined on the balance of probabilities.[25] An offender must satisfy the court that there is ‘genuine penitence and contrition and a desire to atone’.[26] In many cases the most compelling evidence of remorse comes from the offender’s testimony.[27]
[25] Cooper 55; R v Gillick [2000] VSCA 127 [20] (Callaway JA, Chernov JA agreeing) .
[26] Barbaro v The Queen (2012) 226 A Crim R 354, 365 [38] (Maxwell P, Harper JA and T Forrest AJA) (‘Barbaro’).
[27] Barbaro 365–66 [38], [40]; Bonacci v The Queen (2012) 224 A Crim R 194, 202 [44] (Neave, Mandie and Harper JJA).
85In CD v The Queen,[28] Harper JA, with whom Buchanan JA agreed, quoted his earlier observations in Phillips v The Queen,[29] where his Honour said:
[Genuine remorse] indicates realistic prospects of rehabilitation and a reduced need for specific deterrence. An offender who pleads guilty because he or she has an accurate appreciation of the wrongfulness of his or her offending, and of its impact upon its victim or victims, and who desires to do what reasonably can be done to repair the damage and to clear his or her conscience, is someone to whom mercy – in the form of a very substantial reduction in what would otherwise be an appropriate sentence – is very likely due.[30]
[28] [2013] VSCA 95 [36].
[29] (2012) 37 VR 594, 621 [101].
[30] Ibid [97]–[101].
86I have had regard to the comments made in the reports of Ms Ferrari and Dr Evans and the character references tendered on your behalf, in which the authors refer to letters you wrote to them about your offending conduct.
87Ms Ferrari writes:
He reflected on how traumatising his behaviour would have been for the victims, particularly as there were children present and described being ashamed and remorseful for the impact of his offending.
88Dr McGregor observes:
Mr McKinnon expressed embarrassment and regret for his offending describing it as ‘stupid’ and ‘not something I would normally do’. … He expressed some limited idea about the potential impact on the victims, indicating that he would be angered if someone engaged in the same type of behaviour in the presence of his son.
89Dr Evans reports:
he accepted responsibility for his actions and conceded his behaviour was wrong, with assurances that he would not re-offend. … Finally, when asked what he would say to the Court if given the opportunity, Mr McKinnon said: “that I’m sorry for the crimes I’ve committed. That I’m really looking forward to my new life, and that a big contribution was drugs and alcohol; and if given the chance, you’ll never see me again”.[31]
[31] Emphasis original.
90On the basis of the sentiments I have referred to, I find there is evidence of your insight into, and remorse for, your offending conduct. While I am not bound to accept second hand evidence of what you said during your psychological assessments or to your family and friends,[32] I accept you expressions of remorse are genuine and I will them real give weight in sentencing you for these offences.
Application of Verdins principles
[32] See Barbaro [38].
91Your counsel submitted all six Verdins principles[33] are engaged in your case. In written submissions and at the plea on 12 September 2023, the prosecutor accepted that Verdins principles 5 and 6 applied, but not principles 1 to 4.
[33] See R v Verdins (2007) 16 VR 269, 276 [32] (Maxwell P, Buchanan and Vincent JJA).
92Your counsel drew particular attention to your ABI, depression and anxiety. To support her submission, your counsel relied on Dr Evans’s and Ms Ferrari’s opinions.
93Regarding the extent to which any condition you suffered at the time of the offending adversely affected your ability to exercise sound judgment, Dr Evans opines:
Whilst Mr McKinnon appears to have made an excellent recovery (given the extent of the initial brain injuries), given he was relatively early in his recovery and had resumed alcohol and illicit drug use at the time the offences were committed, it is my opinion that his cognitive functioning was likely to have been diminished when compared to current status. … Hence, on balance, it is my opinion that a combination of cortical inefficiencies, particularly in the domains of verbal reasoning, and acute substance abuse were likely to have significantly influenced his decision making processes, behaviour, and reactions, at the time of the offending.
94Dr Evans also addressed the impact a term of imprisonment may have on you, stating:
[It] is my opinion that imprisonment is likely to weigh more heavily on Mr McKinnon compared to a person without a traumatic brain injury. In this regard, in the absence of the positive factors for neuro-generative and rehabilitative repair offered by Odyssey House … it is my opinion that the cognitive recovery process is likely to be negatively impacted to some degree, if incarcerated.
95Ms Ferrari observes:
At the time of the offending, Mr McKinnon had relapsed into substance use as a form of coping with his severe depressive symptoms upon his return to Victoria, reconnecting with former peers who were a negative influence, particularly during a period where his mental state was compromised and the effects of his ABI would have made him more vulnerable. He was consuming alcohol excessively, and had commenced first-time use of [GBH] two months prior to the offending; this escalated to daily [use] in the two weeks preceding the offending, therefore meeting criteria for Sedative, Hypnotic, Anxiolytic Intoxication with moderate to severe use disorder at the time of the offence.
…
It appears that there are a number of factors … that are linked to Mr McKinnon’s history of offending behaviour and impaired functioning. It is clear that his untreated mental health has played a significant underlying role in his offending, as well as having perpetuated his substance use as a method of coping. His recent ABI is considered to have particular implications for his current offending, due to associated executive deficits.
96Regarding your ABI, Ms Ferrari further opines:
Mr McKinnon presents with an ABI which bears impact on his cognitive and psychological maturity, his reasoning and ability to consider consequences. There is also evidence that his condition has implications for his emotional regulation capacity, and his moral culpability is therefore reduced comparative to peers, or offenders without these deficits.
97Whilst your dependence on alcohol and your abuse of illicit drugs were significant contributors to your offending conduct, I accept Dr Evans’s and Ms Ferrari’s opinions that at the time of offending your mental functioning and capacity to make calm rational choices were severely impacted by your ABI and other untreated mental health conditions. In my opinion, you alcohol and drug addiction was ‘a secondary consequence’ of your underlying and untreated mental health conditions and ABI,[34] in the sense you were self-medicating with alcohol and drugs because of these conditions.[35] This means I find Verdins principles 1, 3 and 4 are engaged in your case to reduce your moral culpability for the offending conduct and reduce the weight I would otherwise give to just punishment, general and specific deterrence and denunciation.
[34] See Jones v The Queen [2021] VSCA 114 [24] (Priest and T Forrest JJ) quoting R v Hammond [1997] 2 Qd R 195, 199–200 (Thomas, Dowsett and White JJ).
[35] See R v McKee (2003) 138 A Crim R 88, 92 [13] (Buchanan JA, Eames JJA agreeing), 93–4 [20]–[21] (Vincent JA); Kelly v The Queen [2016] NSWCCA 246. Cf Johnston v The Queen [2013] VSCA 362 [14]–[16] (Redlich, Priest JJA and Robson AJA)
98Verdins principle 2 is also engaged because I consider your condition, together with a number of other factors discussed below, means that a combination sentence of imprisonment together with a community correction order (‘CCO’) is open to me I this case.
99Finally, the prosecution fairly concedes that in light of the opinions of Dr Evans and Ms Ferrari, Verdins principles 5 and 6 are engaged in this case. I accept this is so.
Rehabilitation
100You have used your time in custody profitably. You produced relatively clean drug results, which were tendered at the plea hearing on 12 September 2023.[36] Your counsel also provided two certificates:[37]
(a) Certificate of completion dated 2 February 2023 of the “Adapt” module of the Atlas Remand Program; and
(b) Certificate highlighting your participation in the Youth Week ‘MRC’s Got Talent’ talent show on 25 May 2023.
[36] Ex D8.
[37] Ex D7.
101At the plea hearing on 12 September 2023, after hearing your counsel’s submissions, I ordered that pursuant to s 83A of the Sentencing Act 1991, your sentence be adjourned for the purposes of:
(a) allowing your capacity for, and prospects of, rehabilitation to be assessed;
(b) demonstrating rehabilitation has taken place; and
(c) allowing you to participate in a program aimed at addressing the underlying causes of the offending.
102In line with your counsel’s proposal, as part of the deferral of sentence you were bailed to Odyssey House. The prosecutor accepted this course was open to me. You have been undergoing a residential therapeutic drug and alcohol program since 13 September 2023 and remain in that program to this day.
103I have had regard to three letters of support from staff members at Odyssey House as follows:
(1) Letter from Ben Schumann, AOD Clinician, dated 30 January 2024.[38]
(2) Letter from Brendan Smithers, Senior AOD Clinician, dated 5 June 2024.[39]
(3) Letter from Tad Davis, AOD Therapist and Social Worker, dated 14 October 2024.[40]
[38] Ex D8.
[39] Ex D9.
[40] Ex D10.
104Mr Schumann explains the program’s rules of no drugs and alcohol, no violence or threats of violence, no stealing and no sex. He writes that you abide by and protect these rules. You completed the initial assessment phase of the program on 16 October 2023, which included a comprehensive psychological and medical examination. This forms the basis of your individual recovery plan.
105Level 1 of the program involves attending group therapy sessions twice a week and the completion of an 8-week psychoeducational course on emotional regulation. Mr Schumann says you were challenged by your peers and subject to an intervention to focus on strengthening your peer relationships, developing appropriate boundaries and interacting in a healthy way with others.
106Level 2 involves strengthening your treatment and according to Mr Schumann, through this stage of the program you demonstrated suitable role modelling, learned practical skills and knowledge to support emotional regulation and behavioural change. At the time of Mr Schumann’s letter you had been assigned a job in the children’s centre, through which you supervised, cared for, and engaged with the children of other residents.
107Mr Schumann writes you display a willingness to engage in the therapeutic group space and adequately attend to your responsibilities in order to be a valued member among your peers.
108Positively, Mr Smithers’s updated letter highlights that on 19 April 2024 you progressed to level 3 of the program. The level 3 group is seen as ‘the cornerstone of the community’ and you now have the duty to ‘set the culture’ and must demonstrate authority and manage the daily schedules for residents in a consistent, trustworthy and compassionate way. You were able to progress to this stage of the program because the staff at Odyssey House recognised the efforts you have made towards your recovery, interpersonal relationships and personal development.
109At level 3 you have also been afforded increased privileges, such as ‘attending off site pass’. Mr Smithers indicates this stage generally has a duration of four to six months. You are able to determine when you move to the final stage of the program, referred to as ‘Leavers’. Leavers aims to reintegrate residents into the broader community.
110Mr Smithers writes you were assigned the role of house coordinator on 31 May 2024, which is a trusted leadership position. You lead the level 3 peer group and coordinate and supervise the functioning and wellbeing of the community alongside the Odyssey House staff members. You demonstrate accountability and responsibility in this position.
111At the time of Mr Smithers’s letter, you have remained drug free and express motivation to remain in treatment. Mr Smithers writes you continue to attend weekly group therapy sessions and you are beginning to ‘develop a solid understanding of [your] belief systems, defence mechanisms, and associated behaviours’.
112In the most recent update from Odessey House, Mr Davis writes that since your move to level 3, you have remained accountable and have exhibited the values of Odyssey House, particularly as you continue in your role as house coordinator. You also participated in the motivating effect self-control modules and have focussed on interpersonal relationships, personal development and your recovery.
113On 2 October 2024, you transitioned to the leavers stage of the program with the support of your peers and staff. You now have increased independence, while still maintaining connection to Odyssey House. You are still required to adhere to the program’s rules and continue to undertake random urine drug screens. Mr Davis writes the leaver’s stage of the program has an open timeframe, depending on several factors such as employment opportunities, housing options, external support, budgeting and relapse prevention. Through the planning stage of the program, Mr Davis says you are able to identify future goals that, once achieved, will enable you to integrate back into the community. You now reside at Odyssey House as a ‘leaver living in’. Through the leavers stage, you may attend weekly group therapy sessions and strengthen the relationships you have with those living and working at Odyssey House.
114Based on your comments about your ‘positive’ experience at Odyssey House, Dr Evans opined you have demonstrated adequate insight and awareness about the underlying elements of drug relapse and the process of drug rehabilitation. Dr McGregor echoed this opinion and further observed you have identified the problematic nature of your ice and alcohol abuse and have expressed a desire to remain abstinent from both substances.
115At the time of sentence you had spent 442 days in residence at Odyssey House and I am told you have developed significant insight into the decisions that have led to your offending. In accordance with the Victorian Court of Appeal’s decision in Akoka v The Queen (‘Akoka’),[41] I can regard your time at Odyssey House in a similar, but not the same, manner as pre-sentence detention.
[41] [2017] VSCA 214 (‘Akoka’) (Warren CJ, Kyrou JA and Redlich JA).
116The Victorian Court of Appeal held in Akoka that greater emphasis should be given to the ‘punitive element of residency in a rehabilitation facility such as Odyssey House’.[42] Residing in a rehabilitation facility may assist an offender in overcoming their drug dependency and developing strategies to reduce their risk of reoffending, benefitting not only the individual but also the wider community.[43] The Court also observed residency at Odyssey House involves ‘significant restrictions on the liberty of those undertaking the treatment offered by that facility’.[44] However, evidence is required ‘to establish that it is appropriate for the Court to give credit for such residency’.[45]
[42] Ibid [106].
[43] Ibid.
[44] Ibid [107].
[45] Ibid.
117Importantly, although residency at a rehabilitation facility has punitive elements, I cannot view it as equivalent to pre-sentence detention, which strictly involves time spent in custody. For similar reasons time spent at a drug rehabilitation facility is different from Renzella time.[46]
[46] R v Renzella [1997] 2 VR 88, 94–98 (Winneke P, Charles and Callaway JJA).
118The letters from Mr Schumann, Mr Smithers and Mr Davis provide insight into the specific conditions you have faced and continue to face while being a resident at Odyssey House. I accept you are subject to strict rules about how you can conduct yourself and, until you reached level 3, you were unable to leave Odyssey House. Accordingly, I will take the 442 days you have spent at Odyssey House into account in a broad way in sentencing you for the present offences.
119The highly commendable manner in which you have applied yourself to your treatment in Odessey House augers well for your future prospects for rehabilitation, which I consider are very good. I am encouraged by the progress you have made. Much will depend upon your ability to control your drug and alcohol use and implement your coping strategies once you are reintegrated into the community.
Application of sentencing principles
120I have had regard to current sentencing practice in relation to these offences as informed by the decisions of the High Court of Australia in R v Kilic[47] and DPP (Vic) v Dalgliesh (a Pseudonym)[48] and the Victorian Court of Appeal decisions in DPP v Zhuang[49] and DPP (Cth) v Thomas.[50]
[47] (2016) 259 CLR 256, 266–268 [21]–[25] (Bell, Gageler, Keane, Nettle and Gordon JJ).
[48] (2017) 262 CLR 428,444–447 [47]–[58] (Kiefel CJ, Bell and Keane JJ), 452–455 [78]–[85] (Gageler and Gordon JJ).
[49] (2015) 250 A Crim R 282, 292 [30]–[31] (Redlich, Priest and Beach JJA).
[50] (2016) 53 VR 546, 606–609 [173]–[183] (Redlich, Santamaria and McLeish JJA). See also Williams (a pseudonym) v The Queen [2021] VSCA 35 [21]–[25] (Priest and Kyrou JJA); Russo v The Queen [2021] VSCA 244 [53]–[56] (Emerton JA, Priest JA agreeing).
121While current sentencing practice is relevant to the sentences I impose on you, it is only one of a number of sentencing considerations I must take into account in imposing just sentences in your case.[51]
[51] See Dalgliesh HCA.
122Moreover, it is always difficult to gauge more than a general yardstick from so-called ‘comparable cases’, given the wide range of offending conduct that can constitute the offences of attempted aggravated carjacking, theft and attempted theft and the myriad of personal circumstances pertaining to individual offenders. Nonetheless, to the extent I have been able to gain any assistance from so-called ‘comparable cases’, I have sought to do so in your case. In particular, I have had regard to the case of Mikael v The Queen,[52] which was referred to me by the prosecutor.
[52] [2022] VSCA 119.
123The basic purposes for which a court may impose a sentence are just punishment, deterrence – both specific and general, rehabilitation, denunciation, and protection of the community. In sentencing you, I must have regard to a range of factors, such as the seriousness of the offences, your culpability for them, the impact of the offences on the victims, and your personal circumstances.
124I am required to balance the interests of the community in denouncing criminal conduct with the interests of the community in seeking to ensure that, so far as is possible, you are rehabilitated and reintegrated into society.
125Denunciation, general deterrence and just punishment must be given some weight in sentencing you for these offences, albeit sensibly moderated as I earlier discussed. Moreover, I consider protection of the community and specific deterrence must be given some weight, while also being sensibly moderated. As I observed earlier, I assess your prospects of rehabilitation as being very good, provided your ability to remain alcohol and drug-free once you leave the therapeutic community of Odyssey House.
126It is for these reasons that I sentenced you on 29 November 2024 as follows:
On the charge of attempted aggravated carjacking (Charge 1) you are convicted and sentenced to imprisonment for 360 days together with a community correction order (‘CCO’) with the program conditions I will shortly elaborate.
On the charge of attempted theft (Charge 2) you are convicted and sentenced to imprisonment for 3 months together with a CCO with the program conditions I will shortly elaborate.
On the charge of theft (Charge 3) you are convicted and sentenced to a CCO with the program conditions I will shortly elaborate.
I order that 37 days of the sentence imposed on Charge 2 be served cumulatively on the sentence imposed on Charge 1.
This makes a total effective sentence of imprisonment for 397 days.
I declare 397 days (not including this day) as the period of pre-sentence detention to be reckoned as already served under this sentence and I direct the fact that declaration was made, and its details, be noted in the records of the court.
Pursuant to s 40(1) of the Sentencing Act 1991 (‘SA’), I order there be one CCO for the three offences. That CCO will be for 3 years commencing 29 November 2024 and have the following unpaid community work and treatment and rehabilitation conditions:
Under s 48C of the SA – 300 hours of unpaid community work.
Under s 48CA of the SA – I order all of the hours satisfactorily undertaken for treatment and rehabilitation are to be counted as hours of unpaid community work for the purposes of the unpaid community work condition.
And I order the following treatment and rehabilitation conditions:
Under s 48D(3)(a) – assessment and treatment for drug abuse or dependency.
Under s 48D(3)(b) – assessment and treatment for alcohol abuse or dependency.
Under s 48D(3)(c)(i) – assessment and treatment at a residential facility for rehabilitation for alcohol abuse or dependency.
Under s 48D(3)(c)(ii) – assessment and treatment at a residential facility for rehabilitation for drug abuse or dependency.
Under s 48D(3)(e) – mental health assessment and treatment.
Under s 48D(3)(f) – any program that addresses factors related to your offending behaviour.
Under s 48E – you are to be supervised, monitored and managed as directed by the Secretary for a period of 3 years commencing 29 November 2024.
Under s 48K – you are to be monitored by the Court. You are to appear before the Court for review of your compliance with the CCO on 17 March 2025 at 9:45am.
Pursuant to s 6AAA of the SA, l declare that but for your pleas of guilty I would have sentenced you to a total effective sentence of 4 years’ and 6 months’ imprisonment with a non-parole period of 3 years.
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