Director of Public Prosecutions v Mirut

[2024] VCC 129

IN THE COUNTY COURT OF VICTORIA

AT MELBOURNE

CRIMINAL DIVISION

Revised
Not Restricted
Suitable for Publication

Case No. CR-23-00442

DIRECTOR OF PUBLIC PROSECUTIONS

v

MIRUT, Gabrielle

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JUDGE:	Her Honour Judge Blair
WHERE HELD:	Melbourne
DATE OF HEARING:	12 July, 10 August 2023, 7 February 2024
DATE OF SENTENCE:	20 February 2024
CASE MAY BE CITED AS:	DPP v Mirut
MEDIUM NEUTRAL CITATION:	[2024] VCC 129

REASONS FOR SENTENCE
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Subject:CRIMINAL LAW – SENTENCE

Catchwords:              Aggravated burglary – intentionally cause injury – resist emergency worker – Verdins – Bugmy­ – mental health – deferral

Legislation Cited:      Sentencing Act 1991 (Vic)

Cases Cited:R v Verdins [2007] VSCA 102; Bugmy v The Queen [2013] HCA 37; R v Lambourn [2007] VSCA 187; DPP v Cooper [2018] VSCA 21; DPP v Herrmann [2021] VSCA 160; Worboyes v The Queen [2021] VSCA 169; DPP v Meyers [2014] VSCA 314

Sentence:                  Term of imprisonment of 10 months and a Community Correction Order for a period of 15 months. 277 days declared served by way of pre-sentence detention.

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APPEARANCES:	Counsel	Solicitors
For the DPP	Mr J. O’Halloran for Plea Mr M. Weinman for Sentence	Office of Public Prosecutions
For the Accused	Ms Z. Broughton	Victoria Legal Aid

HER HONOUR:

1Gabrielle Mirut, on 12 July 2023 you pleaded guilty on Indictment N12662901 to one charge of aggravated burglary, one charge of intentionally causing injury, one charge of damaging property, and one charge of resisting an emergency worker on duty.

2You admitted a prior criminal history which details you have been before the court on 6 occasions in the past. You have been sentenced to several terms of imprisonment and several Community Correction Orders.

Circumstances of offending

3The complete factual basis of your offending is detailed in the Summary of Prosecution Opening for Plea dated 20 June 2023. This document was tendered on your plea as exhibit A. What follows is a summary  of your offending.

4In late 2022, both you and the victim, were living on the same level of a subsidised housing apartment complex for vulnerable people. Your apartments were separated by a hallway approximately 7 metres long. There had been some previous issues with the victim prior to the date of your offending.

5On Sunday 11 December 2022 at approximately 7:06 PM, you were depicted on CCTV to leave your apartment and go to the victim’s apartment. You kicked and banged on victim’s door for around 2 minutes. At the time you shouted abuse such as, "You're Daddy's little whore."

6The victim briefly opened her door and told you to go away and leave her alone.

7You then ran towards the door. The victim slammed the door closed. You again ran at the door and forced your way into her apartment. You screamed as you grabbed the victim by the throat and squeezed so she couldn’t breathe properly. (Charge 1 - Aggravated Burglary).

8You then grabbed the victim by the hair with one hand and used the other hand to punch her in the face and head multiple times. The victim’s head began to bleed as you pulled her to the ground by her hair and continued to punch her (Charge 2 - Causing Injury Intentionally).

9You yelled abuse at the victim, and accused her of sleeping with your boyfriend. The victim denied any knowledge of your boyfriend and could feel her head swelling from the assault. After a few minutes, you walked to her fridge and pulled the TV that was sitting on top onto the ground. - (Charge 3 - Damaging Property).

10You then took the victim’s mobile phone. The CCTV footage shows you about to exit the victim’s apartment, before you turned back and assault the victim once more. You stayed for a short time and then left.

11The victim realized her phone was gone and left her apartment to get help. She held a towel to her head, to stem the bleeding from a laceration she sustained as a result of the assault. She knocked on another apartment door, to no avail.

12You exited your apartment again at approximately 7:13pm, holding the victim’s phone. You saw the victim and pushed her in the face. She backed herself into a corner of the hallway. You charged at the victim and assaulted her. At this time the victim was crouched down with her hands over her head, trying to protect herself. You squatted in front of the victim. You punched her multiple times to her head and body whilst still leaning into her and talking at her. After 20 seconds you stood up, assaulted her, walked away, and then came back to crouch in front of her. You continued to abuse her and struck her a few more times.

13You then turned and walked back down the hallway in the direction of your apartment. The victim went back to her apartment and called triple 000 from an old phone she found.

14At approximately 7:35 PM, you were again seen on CCTV. You approached the victim’s door. You were wearing different clothes. You opened the victim’s unlocked door, walked in, and grabbed her by the neck. The victim was smoking a cigarette whilst waiting for police. You demanded she give you a cigarette and ripped the smoke out of her hand. You again abused the victim. You left the apartment with her cigarette.

15At approximately 7:40 PM, police arrived and the building. CCTV footage at this time showed you return to the victim’s door. You yelled abuse through the door and placed an item of cut up clothing on the door handle. You returned to your own apartment. You had again changed your clothes.

16At approximately 7:49PM, police gained entry and spoke with the victim who had blood matted in her hair and a laceration with swelling to her forehead.

17Police could not locate you in the building at this time. At approximately 8:20 PM, You were seen re-entering the building, carrying a small tree branch. Police yelled at you to stop and place your hands behind your back. You yelled back at the police saying, "You turn around!," and "Motherfucker.”

18The police officer took hold of your left arm and attempted to restrain you. You thrashed your arm free, you resisted and abused the police officer. Another police officer attempted to take hold of your arms. At this stage, you were now on the ground thrashing on your back, still holding the small tree branch - Charge 4 – Resisting an Emergency Worker on Duty.

19Other officers heard you yell and ran down the hallway to investigate. An officer deployed OC spray to your face. The police were then able to overpower you and place you in handcuffs.

20You were taken to the Melbourne West Police Station and continued to behave erratically. A Forensic Medical Officer was contacted. However, the FMO was unable to make a formal assessment on fitness for interview, as your behaviour meant that a call could not be facilitated. You were not interviewed.

21You were charged and remanded in custody on 11 December 2022.

22The victim was treated at St Vincent Hospital for minor injuries as a result of the assault. The victim’s phone was located on a windowsill approximately 2.5 metres from your apartment.

Nature and gravity of offending

23The charges before the Court represent an objectively serious episode of offending. The offence of aggravated burglary is particularly serious as evidenced by the maximum penalty of 25 years imprisonment. The charges of causing injury intentionally and damaging property are punishable by a 10 year maximum, and there is a 5-year maximum for resisting an emergency worker.

24Mr O’Halloran for the prosecution submitted that this was very serious offending which could only be appropriately punished by way of a term of imprisonment with a head sentence and non-parole period.  He contended that the offending occurred over a prolonged period of time, about an hour, and involved you returning to assault and confront the victim of several occasions. He submitted that you made conscious and voluntary choices to behave in this manner throughout the offending. He submitted the assaults on the victim were serious particularly in circumstances where you grabbed the victim by the throat impacting her ability to breathe.

25However, your counsel, Ms Broughton, submitted there was an absence of some of the aggravating features typically found in aggravated burglary offending. In particular she observed the basis of the aggravated burglary was not that you had a weapon, but rather that you had an intent to assault the victim and knew or where reckless as to her presence in her apartment. In addition, Ms Broughton submitted that in carrying out your offending you took no steps to disguise your appearance, you did not offend in the middle of the night and there was no evidence of significant pre-planning.

26Ms Broughton also submitted to the Court that there were clear signs that you were quite mentally unwell at the time of the offending. Firstly, as was captured on CCTV, you changed your clothes multiple times during the offending period. Further, at the time of your arrest, you were holding a tree branch. Ms Broughton also referred to other aspects of your behaviour observed shortly after the offending, that is you were making comments to the police about your father rising from the grave and the Russian army.

27In my view your offending is clearly serious. It occurred in a boarding house for vulnerable people, like you, the victim was a resident in the apartment complex as she had difficulties. In addition, the aggravated burglary is a rolled up charge and covers the two occasions you entered the victim’s apartment.

28Your offending was protracted and you assaulted the victim of several occasions.  However, I accept that your offending occurred between 7 to 8 pm at night, you forced the victim’s door on one occasion and on the other occasion the door was unlocked and you acted alone without a disguise. Clearly, the most mitigating factor in your favour is that you were mentally unwell at the time you offended and I will return to this factor in due course.

29Whilst there was not a victim impact statement, I accept that your victim would have been incredibly afraid and anxious throughout the ordeal. Further, I have taken into account the injuries, albeit not significant, that have occurred as a result of your offending.

Background

30You are currently 30 years old and were 29 at the time of the offending. You were born in Carlton and had a profoundly troubled and difficult upbringing. Your father was an aggressive man and your mother grappled with severe mental illness. In these circumstances child protection services removed you from your mother’s care early in your life.

31Between the ages of 3 and 5, you suffered terrible abuse at the hands of your uncle. You described yourself as a distraught child, with there being instances of self-harm in kindergarten, including head-banging and exhibiting behavioural disturbances. These happened mainly when your uncle was due to collect you from kindergarten.

32At the age of 11 you witnessed a most horrific event, your mother murdered your father. You took an active role in alerting emergency services. You experienced profound emotional distress and it was this event that precipitated a mental breakdown necessitating psychiatric intervention. As a result of this incident you effectively lost both parents, your father deceased and your mother incarcerated. Your mother remains at Thomas Embling Psychiatric Hospital within the prison system.

33Unfortunately, you were placed in the care of the uncle who had abused you. This triggered symptoms of Post-Traumatic Stress Disorder and depression. By the age of 16 you had been diagnosed with depression and were regularly engaging in self-harming behaviours. You engaged in Cognitive Behavioural Therapy at Headspace which included prescription of an anti-depressant medication. With these interventions and upon severing ties with family members you were able to gain a level of stability.

34Despite your traumatic childhood experiences you were a good student throughout school, although you had some difficulties with mathematics. You began a beautician course at TAFE, but dropped out sometime later.

35In terms of drug and alcohol use, due to the significant trauma you suffered, you began to engage in both alcohol consumption and cannabis use in your early teens. You reported that your cannabis use helped to numb the pain you felt and had a calming effect on you. You have used cannabis for most of your life and have also used heroin and methamphetamines.

36You have two children born from relationships with two partners. Your 9 year old daughter lives with your grandmother, and your 5 year old son lives with his father. Both of these intimate relationships were unstable and marred by domestic violence. Sadly, upon becoming a mother your mental health worsened and your PTSD symptoms that had been dormant reignited. You became delusional and harboured an unfounded belief that your children were being subjected to sexual abuse. You relapsed and experienced a drug psychosis. In these circumstances your children were removed from your care. Unfortunately, you have not had contact with either of your children in recent times.

Psychiatric History

37For the purposes of this court hearing you were assessed by Dr Sam Calvin, consultant forensic psychiatrist. In his report dated 13 June 2023 he sets out in some detail your significant personal history which can be characterised by a mixture of severe childhood trauma, psychosis and substance abuse.

38Dr Calvin opined that you have the following lifetime diagnoses of schizoaffective disorder, complex post-traumatic stress disorder, and cannabis dependence, opioid, and stimulant harmful use. You have a family history of schizophrenia.

39Your mental health challenges originated just after you turned 11, after you witnessed the horrific incident involving your family, that I have previously described. This was a traumatic experience which triggered symptoms of PTSD, which you were able to mitigate slightly for a time by engaging in cognitive behavioural therapy and through the prescription of antidepressant medication.

40Unfortunately, at 21 years old, when you became a mother, your symptoms deteriorated, and the dormant PTSD symptoms resurged. You suffered a psychotic breakdown at 22, at which time you were diagnosed with Schizoaffective disorder. You were treated with a range of mood stabilisers and antipsychotic medication. However, some of these caused undesirable side effects, including weight gain and exacerbation of acne. Your symptoms again escalated in 2019, when you were the victim of a distressing machete attack.

41You have in more recent times been admitted to hospital due to your psychiatric condition. You were also admitted to Thomas Embling for a time, where you were placed in seclusion. You were discharged and returned to prison when your mother was admitted to the same ward.

42Dr Calvin noted that your symptoms were poorly managed at the time of your offending, which resulted in persistent chronic symptoms. This poor management arose from your withdrawal from Community Mental Health Services, which is likely attributed to your past traumas and strained relationships with authority figures.

43Your counsel also noted that your regular clinic had moved, and you were unable to see the doctor with whom you had a good relationship, having seen them for 20 years, which might go some way to explaining the poor management of symptoms at the time.

44In terms of your psychiatric condition’s effect on the offending, Dr Calvin opined that it is highly probable that your judgment and decision-making capabilities were adversely affected at the time. Further it is his opinion that you will require psychiatric assistance on an ongoing basis and any improvement will rely on you remaining committed to psychiatric treatment and abstinent from substance misuse.

Factors in mitigation

45Your counsel submitted in the circumstances of your case and in light of the assessment by Dr Calvin that the principles enunciated in the cases of Verdins and Bugmy have application.[1] Ms Broughton submitted that your behaviour during the offending, which included the changing clothes on multiple occasions, the holding of the tree branch, and the statements made to police regarding your father and the Russian army show that these choices were not made with a clear state of mind.

[1] R v Verdins [2007] VSCA 102; Bugmy v The Queen [2013] HCA 37.

46Mr O’Halloran, for the prosecution, conceded that Bugmy was relevant in the sentencing process given the deprivation and disadvantage that you endured in your upbringing. Mr O’Halloran also conceded that Verdins has some application, however he submitted it should be moderated. To support this argument he pointed to the series of voluntary choices you made during the offending, including leaving and returning to the victim’s apartment. Further, Mr O’Halloran submitted the fact your offending occurred soon after you were placed on a Community Correction Order meant that your rehabilitation had to give way to protection of the community.

47The Court of Appeal cases of Lambourne[2] and Cooper[3] were relied upon by Mr O’Halloran as authority for the proposition that aggravated burglary is a serious offence, it is intolerable in the community and general deterrence should be given primacy in the sentencing synthesis.

[2]R v Lambourn [2007] VSCA 187 [39]

[3]DPP v Cooper [2018] VSCA 21 [47]

48In making an assessment of your moral culpability or degree of blameworthiness to be attached to you for your offending conduct it is necessary to closely examine your personal circumstances and background and an exploration of factors which may explain the offending conduct. To the extent that the offending conduct is due to factors beyond your control the harshness of the moral judgement is likely to be moderated.[4]

[4] DPP v Herrmann [2021] VSCA 160.

49To that end as I have already observed you experienced appalling and psychologically damaging harm and abuse. Your upbringing has had a negative impact on your social, emotional and behavioural development. It was your exposure to such abuse and in particular a very violent episode, previously described, that resulted in you suffering a mental breakdown at age 11.

50In my view, your moral culpability for the offending cannot be equated with that of a person who committed the same offence who has had the advantage of a normal, stable home environment in which they had been guided by appropriate parenting.[5] Further, I accept that there is a realistic connection between the destabilising effect of your childhood and your offending conduct, that in my view acts to reduce your moral culpability.

[5] Bergman (a pseudonym) v The Queen [2021] VSCA 148.

51Additionally, the deprivation and abuse you endured helps to put in context your prior history of offending. However, it also raises the very real issue of protection of the community as a sentencing consideration. I will return to this issue shortly.

52On balance, I find that Verdins has some application in your case. You have been diagnosed with schizoaffective disorder and complex post-traumatic stress disorder and in the absence of appropriate management, at the time of your offending you had chronic and persistent symptoms. I am satisfied that there is an evidentiary basis to conclude that your moral culpability should be somewhat reduced by you having experienced these symptoms which very likely affected your perception of reality and your judgement and decision making abilities shortly before and at the time of your offending.

53Further, I accept the submission of your counsel that given the age and the mechanism of your introduction to substance abuse it does not extinguish the impact of your mental illness upon the offending.

54In the circumstances of your case, I am mindful that there is some degree of overlap between the application of Bugmy and Verdins and I have therefore been careful to place appropriate weight on these mitigatory factors. It is my view that your moral culpability ought be reduced and general deterrence should be moderated.

55You have entered a very early plea of guilty. Your plea has facilitated the course of justice and has significant utilitarian value in that you have spared the victim the need to relive the traumatic events she suffered as a result of your offending. Additionally, you have spared the time and cost of a trial. These factors permit me to allow a significant discount for your plea of guilty.

56Further, given the timing of your plea and the fact that your case resolved at a time when the court backlogs were still in existence due to the covid 19 pandemic I will allow a further perceptible amelioration of your sentence.[6]

[6] Worboyes v The Queen [2021] VSCA 169.

Procedural History

57At the time your matter first came before me on 12 July 2023 you had been in prison since your remand on 11 December 2022. On 30 March 2023 you were sentenced to a 5 month term of imprisonment for unrelated matters you had served some pre-sentence detention for that matter in the first half of 2022 and so used only 23 days of the pre-sentence detention you have accumulated on this matter to satisfy that sentence. I take this into account in terms of totality.

58During the initial period in custody for this matter, from 11 December 2022 until your release on bail on 10 August 2023 you completed programs and courses. For a good portion of time you engaged with counselling and psychiatric services, women’s housing and relink, an organisation to assist in your transition to the community. You also participated in education programs and importantly, you were assessed and found suitable for the NDIS. A package had been approved and a case manager appointed.

59At your first plea hearing your counsel submitted that a combination penalty should be imposed or alternatively your sentence should be deferred to allow you to settle in the community and demonstrate your capacity for reform before sentence. I ordered a CISP assessment with a view to providing oversight and case management and to formalise a plan for treatment to assist you on a deferral of sentence.

60On 10 August 2023, your sentence was deferred, and you were released on bail. Although you were found unsuitable for CISP bail,[7] you had a range of supports in the community, including NDIS, relink, Women’s Housing, and your GP. I fixed fortnightly judicial reviews so that the court could closely monitor your progress.

[7] CISP is an alternative to relink. As you relink was in place, you were found unsuitable for CISP

61Your deferral period was made difficult because of a lack of stable accommodation. Unfortunately, you were unable to find appropriate housing, and were moving between hotels, crisis accommodation, and staying with friends. Your previous issues with housing also made this process more difficult.

62Further enquiries were made by the court as to the appropriateness of CISP; however, you were reluctant to fully engage with their services, and you were again found unsuitable.

63By October of 2023, your legal team had difficulty making contact with you, as did some of your support workers. You were not present for two court hearings, and on application from the Crown, a warrant was issued on 20 October 2023.

64The warrant was executed on 28 December 2023. His Honour Judge Kelly refused bail on that day, and you have been in custody since that time. Ms Broughton, in the most recent plea hearing, provided an update as to your situation on deferral.

65In essence, you were moving between insecure housing and accommodation, and were unable to find safe suitable housing. At one rooming house you found, the owner offered you a $50 discount if you were a “good girl”. Needless to say you did not stay in this rooming house. During the deferral, your medication use stopped and you resumed using methylamphetamine. This resulted in the CATT team being called on your behalf, and you spent 3 weeks in the Alfred High Dependency unit. You were discharged on a CTO which is due for review in June 2024. In the context of this turmoil you have reoffended and those matters are listed in the Magistrates Court.

66You are currently in the Rosewood unit at the Dame Phyllis Frost Centre, having spent your first week in the Marmak unit essentially in lockdown. You are currently on a depot injection and your mental state has settled and you have some stability.

67Since your return to custody, you have reengaged with housing services, specifically Launch Housing and the Sacred Heart Green Light program. There is a four to five year waiting period for housing. Fortunately, your application has been backdated by four years, meaning the wait period should be a maximum of 12 months. Further, you have been given higher priority because you are in custody. These programs also allow for hotel and refuge accommodation to be organised whilst waiting on more permanent accommodation.

68I see your return to psychiatric treatment and medication and your engagement with housing services as very necessary steps towards your rehabilitation, as your time on deferral showed, without a secure home base and proper treatment, you will struggle with your transition into the community.

69I take into account that you attended several judicial monitoring sessions and were open and forthright in discussion with the court throughout the deferral period.

Sentencing Principles

70I take into account the sentencing guidelines referred to in s5 of the Sentencing Act,[8] where relevant to your case. In particular, I have had regard to the sentencing landscape for the offences of aggravated burglary. I have considered the case of DPP v Meyers,[9] in which the Court of Appeal set out considerations which will ordinarily be relevant to an assessment of the gravity of offending for a charge of aggravated burglary. Further, I have considered the cases of Lambourn and Cooper referred to by Mr O’Halloran. I accept that general deterrence is usually the major sentencing consideration and that offences of aggravated burglary are inherently serious. However, ultimately the sentencing exercise requires that I balance all relevant factors and make a judgment as to the appropriate sentence in the circumstances of your particular case.

[8] Sentencing Act 1991 (Vic) s 5.

[9] DPP v Meyers [2014] VSCA 314.

71Given the submissions made by your counsel, I had you assessed for a community correction order. You were assessed as suitable for such an order. In the pre-sentence report provided to the court the assessing officer considered that you presented as motivated and that you understood your need to receive supports and to be compliant with your depot injections. Further, it was noted that you believed this could be your last opportunity on a Community Correction Order and you were motivated to turn your life around.

72I also received a very helpful report from Mr Lane from the Mental Health Advice and Response Service. He referred to the following;

(a)   Your previous registrations with mental health services and your previous inpatient admissions. It is clear from this information that you have an extensive psychiatric history.

(b)   The recommendation of Dr Calvin that “The treatment goals should include ensuring the stability of her Schizoaffective Disorder, maintaining complete abstinence from substance misuse, addressing her underlying psychological issues related to past trauma and ensuring social stability with housing and employment”.

(c)   That you are currently listed as an active client of the Alfred Homeless Outreach Team and your case manager is listed as Ms Ashleigh Savona.

(d)   You are currently listed as a recipient of a Community Treatment Order that expires on 5 June 2024 unless revoked earlier.

(e)   That you are adherent with prescribed fortnightly IMI psychotic Depot medication Zuclopenthixol and you are prescribed, daily oral anti-psychotic medications Chlorpromazine and Olanzapine. You denied negative side effects from the medication and identified that you felt mentally stable and your plan is to continue to take the medication recommended in the community.

(f)    That you were misusing alcohol and cannabis at the time you offended. You identified these substances have not been helpful to you and your mental state and your plan is to remain sober in the community.

(g)   That you have an active package for the NDIS; and

(h)   That you did not evidence any formal thought disorder, you were not observed to be responding to internal stimuli and you were not distracted, and you presented with appropriate insight and judgement into your mental health.

73Ultimately, Mr Lane recommended that ongoing assessment and treatment of your mental health be made a condition of a Community Corrections Order so as to promote wellbeing and reduce the likelihood of re-offending. I intend to provide a copy of Mr Lane’s report to Community Corrections to facilitate continuity of your care in the community.

74In sentencing you it is imperative that the seriousness of the offending, and in particular the gravity of the aggravated burglary offence is reflected in any sentence I impose. However, I must also take into account the mitigatory factors and matters personal to you. The principles of proportionality and parsimony are also important when determining the appropriate sentence. The principle of parsimony requires me to assess whether all of the sentencing purposes can be met in this case by imposing a term of imprisonment in combination with a community correction order, or whether the only appropriate disposition is a term of imprisonment consisting of a head sentence and a non-parole period.

75Having carefully considered all of the various sentencing considerations raised by this case, I am of the view that despite the seriousness of your offending, all of the sentencing purposes can be achieved in this case by the imposition of a combination sentence.

76A term of imprisonment is necessary to reflect the gravity of the offences and the need to give substantial weight to the sentencing purposes of general and specific deterrence (albeit moderated), denunciation and community protection. However, a community correction order can be appropriately tailored to not only meet the sentencing purposes of rehabilitation and community protection, but to also appropriately denounce your conduct, and to act as a deterrent to both yourself and others from engaging in this kind of offending.

Disposition

77Ms Mirut on the charge of aggravated burglary you are convicted and sentenced to be imprisoned for a period of 10 months. I declare that you have served 277 days by way of pre-sentence detention and this will be deducted from your sentence.

78On the remaining charges of intentionally cause injury, criminal damage and resisting an emergency worker on duty you are convicted and placed on a community correction order for a period of 15 months. The conditions of this community corrections order include that you must:

a)Attend for supervision;

b)Undergo assessment and treatment for drug and alcohol dependence;

c)Undergo assessment and treatment for mental health issues; and

d)Participate in offending behaviour programs.

79In addition to the conditions that I have imposed there are standard conditions that you must comply with the most important of the standard conditions is that you do not commit another offence punishable by imprisonment within the 15 month period of the order. You need to report within two working days of your release to the Melbourne Justice Service Centre.

80You are required to advise your supervising Corrections Office of any change of address, of where you are living or working, within two clear working days. Further, it is a term of all community correction orders that you must submit to visits as directed, obey the instructions and directions of Corrections officers, and also you cannot leave the State of Victoria without their permission.

81So Ms Mirut if you reoffend, you will breach the order.  If you do not comply with the conditions I have imposed or the standard conditions, then you will breach the order.  If you breach you will come back before me and you will be potentially resentenced on the original charges, all right.

82I can only place you on a correction order if you agree, so firstly do you understand what is involved in the order? And do you consent to the order?

83Pursuant to s6AAA had you pleaded not guilty to the charges and been found guilty, the sentence I would have imposed on you is a term of 18 months imprisonment with a non-parole period of 10 months.[10]

[10] Sentencing Act 1991 (Vic) s 6AAA.

84Anything further?

85MS BROUGHTON:  No, Your Honour. 

86MR WEINMAN:  No, Your Honour. 

87HER HONOUR:  So, Ms Mirut, because you are online and because post Covid we are able to do this, you don't need to sign a copy of the order as such.  Corrections might get you to do that when you report in after your release.  So I can take your verbal consent as being consent to the order, so what you've told me here today.  It's really important that you stay on your medication and it's really important that you stay away from the drugs – and I think you know that from what you've said to Corrections during the assessments.  So you've got an opportunity to, show us that you can make a change.

88OFFENDER:  Thank you.

89HER HONOUR:  Thanks very much.  Thanks very much to counsel for very helpful submissions and attendance through all the deferrals. 

90MR WEINMAN:  As Your Honour pleases.

91HER HONOUR:  I will adjourn the court.

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