Director of Public Prosecutions v Mongrag

[2022] VCC 2256

IN THE COUNTY COURT OF VICTORIA

AT Melbourne

CRIMINAL DIVISION

Revised
Not Restricted
 Suitable for Publication

CR 20-01679 & 21-02541

DIRECTOR OF PUBLIC PROSECUTIONS

v

NEOK MONGRAG

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JUDGE:	HER HONOUR JUDGE BLAIR
WHERE HELD:	Melbourne
DATE OF HEARING:	15 & 19 August 2022
DATE OF SENTENCE:	14 December 2022
CASE MAY BE CITED AS:	DPP v Mongrag
MEDIUM NEUTRAL CITATION:	[2022] VCC 2256

REASONS FOR SENTENCE
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Subject:CRIMINAL LAW

Catchwords:              Plea of Guilty; Theft; Robbery; Obtaining Property by Deception; Handling Stolen Goods; Negligently Cause Serious Injury; Conduct Endangering Life; Related Summary Offences; Grave Risk of Becoming Institutionalised; Youthful offender

Legislation Cited:      Sentencing Act 1991 (Vic)

Cases Cited:R v Mills [1998] 4 VR 235; Azzopardi v The Queen (2011) 35 VR 43; Worboyes v The Queen [2021] VSCA 169; Boulton v The Queen [2014] VSCA 342; (2014) 46 VR 308

Sentence:                  2 Years and 10 Months Imprisonment and a CCO for a Period of 18 Months

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APPEARANCES:	Counsel	Solicitors
For the DPP	Ms D. Tang	The Office of Public Prosecutions
For the Accused	Ms L. Bull	McNally & Gleeson Lawyers

HER HONOUR:

1

Neok Mongrag, on 7 June 2022 you pleaded guilty on indictment

No.K13187285 to one charge of theft, one charge of robbery, three charges of obtaining property by deception and one charge of handling stolen goods.  The maximum penalty for robbery and handle stolen goods is 15 years' imprisonment and the maximum penalty for theft and obtain property by deception is 10 years imprisonment.

2On 15 August 2022, you pleaded guilty on indictment No.M10406916 to one charge of negligently cause serious injury and one charge of conduct endangering life.  The maximum penalty for each of these offences is 10 years' imprisonment.

3You also consented to this court dealing with a number of related summary offences and you pleaded guilty to Charge 6, drive in a manner dangerous, and that is punishable by two years' imprisonment and/or 240 penalty units; Charge 10, drive whilst disqualified, punishable by two years' imprisonment or 240 penalty units; Charge 12, use unregistered motor vehicle, which is punishable by 25 penalty units; Charge 13, exceed prescribed concentration of alcohol, which is 20 penalty units for a first offence; Charge 20, commit an indictable offence whilst on bail, which is three months' imprisonment or 30 penalty units, and Charge 21, contravene a condition of bail; which is also three months' imprisonment or 30 penalty units.

Circumstances of the dishonesty offending

4The full circumstances of your offending for indictment K13187285, which is the dishonesty offending, are set out in the prosecution opening dated 2 August 2022, and this document was tendered on the plea and marked as Exhibit A.What follows is a summary.

5On 24 October 2019, a black Holden Cruze motor vehicle owned by Alicia Barnes was parked near the Windsor railway station.  The keys may have been left in the car inadvertently. At 11.17 pm CCTV footage depicted four African males enter Vine Street, where the car was parked, and moments later the car was driven out of the area.  The CCTV footage does not depict any person entering the vehicle.

6At approximately 10.20 pm on 28 October 2019, the stolen vehicle was spotted by police, who were in a marked police car.  A pursuit was initiated but was called off, as to continue would have been dangerous to the public.

7At about 10.40 pm the black Holden Cruze collided with another vehicle and came to a stop.  The occupants of the car got out and ran away in different directions.  Police searched the area but were not able to locate anyone who had been in the vehicle.  They did, however, locate a jumper that had DNA consistent with you on the collar area.  Your fingerprints were also located on the screen of an Asus laptop that was found in the vehicle.

8The police located fingerprints belonging to your co-offenders, Abdilahi and Majiok, on the inside and outside of the car.  The black Holden Cruze was circumstantially linked to several other robberies and armed robberies.

9You have pleaded guilty to the theft of the car in circumstances where you have assumed the rights of the owner and have used the motor vehicle without the owner’s consent, and that is the basis for Charge 1.

10On 27 October 2019 a man, Penghui Wang, was the victim of an armed robbery.  During this incident various items were stolen from him, including a debit card, and you and your co-offenders, Mr Abdilahi and Mr Majiok, were depicted on CCTV footage at the 7-Eleven in Brunswick.  Without Mr Wang’s authority the card was used to purchase $53.99 worth of cigarettes, and this is the factual basis of Charge 2; obtain property by deception.

11At 12.28 am Mr Wang’s card was also used by yourself and Mr Abdilahi at the 7-Eleven store in Fitzroy.  On this occasion, items valued at $43.14 and $74.99 were obtained, and this is the factual basis of Charge 3, which is obtain property by deception.

12Then, at 12.50 pm, you entered La Casa Pizza at 59 Brunswick Street, Fitzroy, and you were observed to make three purchases with Mr Wang’s card.  These purchases totaled $56, $8 and $4 respectively.  This is the factual basis of Charge 4; obtain property by deception.

13

At 10.20 pm on Monday 28 October 2019, Harry Tran was walking on a street in Cairnlea Way.  A sedan pulled into a driveway in front of him.  Four males of African appearance, aged between 16 and 25 years, got out of the car.  The driver remained in the vehicle.  The males attempted to have a conversation with Mr Tran and they demanded his mobile phone.  One male said he had a knife, but no knife was produced.  Another of the males took Mr Tran’s mobile phone out of his hand and forced him to unlock it.  Another male searched

Mr Tran’s pockets and removed his wallet.

14Whilst Mr Tran was still wearing his backpack, one of the males opened it and removed his laptop.  The four males then got back in the car and left.  Mr Tran was robbed of an unbranded black wallet containing a CBA debit card in his name, a Toshiba USB stick, 3 Officeworks printing recharge vouchers worth $14, an Asus Vivobook Pro laptop computer and an Apple phone XR.  Mr Tran’s laptop was later recovered from the black Holden Cruze following the police pursuit, as I have mentioned, and your fingerprints were located on the screen of the laptop; and that is the factual basis for Charge 5, which is robbery.

15On 1 November 2019, investigators executed a search warrant at your home in Taylors Hill.  They located cards belonging to Michael Dimarco on the top shelf of your bedroom cupboard.  The cards had been stolen in an armed robbery on 16 September 2019 and this is the factual basis of Charge 6; handle stolen goods.

16On 11 December 2019, you were arrested at your home and taken to Sunshine police station.  You were interviewed by police and remanded in custody.  Several months later, on 20 July 2020, you were released on bail.

Circumstances of the driving offending

17The full circumstances of your offending for indictment M10406916 are set out in the prosecution opening dated 8 August 2022.  This document was tendered on the plea and marked as Exhibit B, and what follows is a summary.

18On 1 January 2021, two highway patrol officers were performing static speed detection duties in the centre median on Princes Freeway, between Princes Highway and Forsyth Road in Point Cook.  The speed limit in this area is 100 kilometres an hour and at approximately 9.20 am, the officers observed a
gold- coloured Holden Commodore, later discovered to be driven by you, travelling at an estimated speed of 140 Ks an hour, and with a view to intercepting the vehicle the officers decided to follow the Commodore.

19Police observed you drive the Commodore through roadworks and then enter the intersection of the Princes Freeway off-ramp and Forsyth Road against a red traffic signal at an estimated speed of 40 to 50 Ks an hour.  The driver of the police vehicle activated the emergency lights to indicate to you to stop.  

20You did not stop.  Rather, you accelerated up Forsyth Road, Hoppers Crossing, towards the intersection with Old Geelong Road.  The speed limit on this section   of road was 60 kilometres an hour.  At this time, other vehicles were at the intersection passing through or waiting to turn.  You approached the intersection at a speed of at least 70 kilometres an hour and entered the intersection against a red traffic signal.  You turned onto Old Geelong Road and continued at high speed, considered to be significantly greater than the speed limit of 60 kmh an hour.

21Shortly after, you came to the intersection near the Hoppers Crossing Homemaker Centre.  You entered the intersection against a red light, and at high speed, whilst other vehicles were about to enter the road.  You were last sighted by police continuing along Old Geelong Road at a very high speed in the 60 kilometre zone.  Your driving until this point is the factual basis for Summary Charge 6; drive in a manner dangerous.

22Within a very short time the police received reports of a serious motor vehicle collision at the intersection of Heaths Road and Rosella Avenue in Werribee.

23Paramjit Singh was the driver of a silver Camry.  He had been waiting at the traffic lights in order to turn right into Rosella Road.  As the light turned green for Mr Singh, he entered the intersection.

24You were captured on CCTV entering the intersection against a red traffic signal from the opposite direction.  The speed of your vehicle was later determined to be at least 99 kmh an hour.  Your vehicle collided with Mr Singh’s Camry, causing the front air bags of both vehicles to deploy.  This is the factual basis of Charge 2; conduct endangering life.

25Your vehicle spun out of control and collided with a red Toyota Yaris that was

parked on the nature strip of a driveway.  The impact significantly damaged the Yaris and pushed it onto the footpath and into the front fence of
311 Heaths Road.  Your vehicle continued to slide out of control until it collided with a tree approximately 45 metres from where you initially collided with

Mr Singh’s vehicle.

26You were taken to the Royal Melbourne Hospital via ambulance.  A sample of your blood was tested and confirmed the presence of alcohol in the amount of not less than 0.127 grams per 100 millilitres of blood.  This is the basis of Summary Charge 13, which is exceed the prescribed concentration of alcohol.

27Dr Sanjay Gaya, a forensic physician at the Victorian Institute of Forensic Medicine, reported that at such a blood alcohol concentration you would not have been capable of having proper control of the car, and this provides the factual basis for Charge 2, which is conduct endangering life.

28You sustained a number of injuries in this accident including a fractured forearm, a fractured distal radius and a femur fracture.  You remained in hospital until 13 January 2021.

29Noah Beyene was the front seat passenger of the vehicle you were driving during the offending.  After the accident he was conveyed to the Royal Melbourne Hospital and was found to have sustained several serious injuries.

30These injuries included brain trauma, chest trauma and a ruptured bicep tendon.  They were considered life-threatening and Mr Beyene required intubation, ventilation and medications to manage seizures and blood clots.  The injuries also necessitated several months spent at a rehabilitation facility and prolonged restrictions on activities such as driving and swimming.[1]  This is the factual basis of Charge 1; negligently cause serious injury.

[1] Report of Dr Angela Williams, VIFM

31Daniel Deng was in the rear passenger seat of the vehicle you were driving during the offending.  He also sustained several injuries requiring hospital treatment including pelvic, hand and foot fractures and blood loss.

32Michael Mayik was seated in the centre rear passenger seat of your car during the offending and he left the scene on foot, but later attended Sunshine Hospital for a dislocated left elbow and a shoulder injury.

33Mr Singh, the driver of the Camry struck by your vehicle, sustained a cut to his right arm and required observation at Footscray Hospital due to spiking blood pressure.

34Following subsequent police enquiries it was found that your Victorian learner permit had been cancelled and disqualified by the Melbourne Magistrates’ Court for a period of two years from 16 November 2020.  This is the subject of Summary Charge 10; drive whilst disqualified.

35The car you drove during this offending was an unregistered vehicle.  This is the subject of Summary Charge 12; use unregistered vehicle.

36As I have mentioned, you were granted bail on 30 July 2020 at Melbourne Magistrates’ Court.  Your offending occurred whilst you were on bail and this is the factual basis of Summary Charge 20; commit indictable offence whilst on bail.

37Further, during your offending you contravened a condition of your bail that had been granted that prohibited you from travelling in a motor vehicle between the hours of 7 am and 7 pm.  This is the subject of Summary Charge 21; contravene a conduct condition of bail.

Nature and gravity of offending

38In deciding the appropriate penalty in your case I have considered the maximum penalty for each of the offences before the court.  The maximum penalty is an important measure of how seriously Parliament and the community view an offence and it is an important yardstick for the court.  I must also consider the objective seriousness of the circumstances of your offending.

39The theft of motor vehicle was put on the basis that you assumed the rights of owner without consent, not that you were the actual person, or one of those, who stole the vehicle.  However, the vehicle was used in connection with other more serious offending.  The deception offences were unsophisticated and the goods obtained were of a relatively low value.  The handle stolen goods charge involved your possession of a credit card that had been stolen during an armed robbery.

40The most serious of the dishonesty offending, in my view, is the robbery offence.  You, in company with others, targeted an individual on the street at night.  You used violence and your numbers to demand and take property from your victim.  You and your co-offenders targeted a vulnerable victim who was no doubt scared and frightened by the confrontation.  I accept that the dishonesty offending was relatively confined in time and part of a series of offending.

41In relation to the driving offences you were driving an unregistered vehicle at a time when you were disqualified from driving and subject to bail conditions that prohibited you from travelling in a vehicle at the time, and in the circumstances in which you did.  You were driving with a blood alcohol reading of 0.127 and I accept that this reading rendered you incapable of having proper control of a motor vehicle.  You drove dangerously, travelling at high speeds in a built-up area, travelling through four intersections against red lights.  Mr Mongrag, not only did you endanger the lives of other road users, but you also endangered the lives of your three passengers and yourself.

42During the plea hearing on 19 August 2022, I watched the CCTV footage of the last occasion you travelled through a red light.  This CCTV depicted you collide with an innocent member of the public, damaging his vehicle and causing a cut to his arm and a spike in his blood pressure.  You and your passengers were injured.

43The most serious injuries were sustained by your front seat passenger, Noah Beyene.  He sustained life threatening injuries including acute brain injury with seizures.  He was not able to move his left leg when he woke from sedation.  He had a complete rupture of the long head of his bicep, blood clots, multiple abrasions about his body, a bleed of the upper lobe of his right lung and a collapse of his left lower lung.  Mr Beyene required intubation, ventilation, and other supportive medical treatment.  In addition, he required prolonged rehabilitation and had several restrictions for several months.

44Daniel Deng, who was seated in the rear passenger area of your vehicle, sustained an undisplaced pelvic fracture, blood loss, hand fracture and a fracture of his right foot.  He spent three days in hospital.  Michael Mayik, who was seated in the centre rear passenger seat in your car, sustained a dislocated left elbow and a shoulder injury, and you were also hospitalised as a result of injuries you received.

45Your episode of driving on this occasion was incredibly dangerous.  Not only did you put many people in danger, in circumstances where you should not have been driving at all,  you were driving with a high alcohol reading, and you actually caused serious injury and injury to several people.  In addition, you caused significant property damage to at least three vehicles.  I consider your offending to be very serious.

46Although I did not receive any victim impact statements in this matter I can infer from the description of what occurred that your offending had a negative and lasting impact on all of those involved.

47I was told by your counsel that you think about what happened on this day every week and have asked yourself the question 'what if I’d killed someone?'  I accept that you have some insight into the seriousness of your offending and I hope that in the future you can use that insight, and that it might translate into reform and rehabilitation.

Matters in mitigation - Youth

48Your counsel relied on a number of factors in mitigation.  He submitted that you are still a young man and at the time of the offending you were only 20 years of age.  You have now just had your 24^th birthday. As such, you no longer fit the definition of a young offender within the meaning of s3(1) of the Sentencing Act 1991[2], however I accept you are still youthful and that the principles that apply to the sentencing of young and youthful offenders have some application in your case.  These principles include:

(a)The youth of an offender should be a primary consideration for a sentencing court where the matter properly arises;[3]

(b)Young offenders are immature and may not fully appreciate the nature, seriousness and consequences of their criminal conduct;

(c)Courts recognise the increased potential for young offenders to be rehabilitated, which is in the public interest; and

(d)Incarceration can impair, rather than enhance, a young offender's prospects of rehabilitation[4].

[2]Sentencing Act 1991 (Vic), s3(1).

[3]R v Mills [1998] 4 VR 235

[4]Azzopardi v The Queen (2011) 35 VR 43, 34.

49I must, however, balance the application of these principles with the seriousness of your offending and your prior history.  Your counsel had calculated that from April 2017 - that is, from when you were 19 years of age through to the time of your plea - you had spent four and a half years in custody and had only six months free in the community.  I agree with his submission that you are at grave risk of becoming institutionalised and largely, because of these factors, I deferred your sentence and released you on bail, and it is my view that you need supports to reintegrate into the community and to rehabilitate, and that remains the case.

Plea of guilty

50In regard to the dishonesty offending your trial settled after several pre-trial rulings.  There had been ongoing negotiation between your legal team and the prosecution from an early stage and I accept that although your plea was late, coming as it did when the matter was listed for trial, I accept that it was necessary for you to get to this point to enable a resolution that was acceptable.

51The driving matter proceeded as a straight hand-up brief and resolution occurred in April of this year.  I accept that this too should be considered a relatively early plea.

52In the circumstances I find there is significant utilitarian benefit in your pleas of guilty.  You have spared the court and community from the additional time and expense of what would have been two reasonably lengthy trials and, importantly, victims and witnesses did not have to re-live traumatic events by giving evidence in this court.

53In addition, I accept your counsel’s submission that a plea of guilty during the COVID-19 pandemic is worthy of greater weight in mitigation and should attract a more pronounced amelioration of sentence than at other times[5].

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

54I propose to allow a significant discount for your pleas of guilty.

Background

55It is appropriate, at this point, to describe your personal history.  You are 24 years old.  You were born in Khartoum, South Sudan.  In 2004, when you were approximately six years of age, you and your parents, and three of your siblings, fled to Egypt.  You lived as refugees in Egypt for approximately 10 months.  In 2005 you and your family arrived in Australia.

56You are now the oldest of nine children.  You have seven brothers and one sister.  Your parents are very religious and they are both hard workers.  Your father is employed in a council recycling plant and your mother is employed as a cleaner, working in the Docklands.

57Your childhood experience was a remarkably mixed one and you experienced turmoil and disruption in your earliest years.  You were an introverted and shy child who enjoyed art and creative activities.  You were also a good sportsman, particularly in relation to soccer.

58For the majority of your childhood your social circumstances were not positive.  You were bullied and isolated.  You did not make friends until Year 10.  At this time you began binge drinking and committing crime with other youth who, like you, were marginalised.  As you committed crime you obtained money and material items.  You became more and more popular.  You felt, for the first time, you belonged to a peer group.

59Your prior criminal history details offending that occurred intermittently between 2016 and 2021 and includes a variety of offences ranging from affray to theft of motor vehicles, burglary to assault.  It reflects your poor choices and your negative peer group.

60Since being in custody you have realised the peer group with whom you associated were not friends.  You recognise the negative influence they have had upon you.  These people did not visit you either in hospital, following the motor vehicle accident, or in prison, upon your incarceration.

61In stark contrast against this your family have remained loving and supportive and you have regular phone contact with your mother.  In a letter written to the court they expressed that they love you deeply, that they are blessed to have you in their lives, and your siblings have said you are not only a brother to them, but a best friend.

62Upon recent consultation with a psychologist it became apparent that you have suffered a variety of mental health difficulties throughout your life, owing varyingly to the hardship of your childhood migration, your difficult social environments and general difficulty in establishing your life in Australia.  You demonstrate symptoms of clinical generalised anxiety, clinical major depressive disorder, mild substance abuse disorder, severe post-traumatic stress disorder, severe insomnia sleep disorder and severe adjustment disorder.

63Despite this plethora of difficulties you hold hope for a brighter future and have spoken of your plan not only to generally be a better brother and son, but to produce music, to further educate yourself, to start a business and contribute meaningfully to the broader African community.

64

Given all the factors raised on your behalf at the plea hearing on

19 August 2022 I adjourned your case to allow your counsel to present evidence from psychologist Heidi Lecluse, and to formulate a plan for treatment on a deferral of sentence. On 27 September 2022 your case was deferred and you were released on bail with conditions to assist in your reintegration into the community and your rehabilitation generally. On 14 October 2022 you appeared before the court for judicial monitoring.  At that time you had applied for work, seen your GP and had been playing indoor soccer.  You were excited about the prospect of recording your music and at that time you were yet to have an appointment with Ms Lecluse and your case was adjourned for further judicial monitoring on 9 December 2022.

65

I was told this morning by Ms Bull that you had two appointments with

Ms Lecluse, both of those were over the phone, and that you had seen your GP and had got a referral, but were waiting for an appointment to see the psychiatrist.

66

Unfortunately, on 3 November 2022, you were remanded in custody in relation to other matters.  The prosecution made application to revoke your bail on

8 December 2022.  This application was not opposed by your counsel and so I remanded you in custody for sentence today.

67In all the circumstances I consider your prospects for rehabilitation to be guarded, at best, however you are still a very young man and you are at grave risk of becoming institutionalised.

Sentencing principles

68The basic purposes for which a court may impose a sentence are punishment, general and specific deterrence, rehabilitation, denunciation and protection of the community.

69Given the seriousness of your offending general deterrence remains a prominent sentencing purpose, however your youth and background circumstances mean that general deterrence must give some way to the promotion of your rehabilitation.  Given your prior history and your continued offending, specific deterrence is also an important consideration.  I regard the period of time you have served on remand to go a large way towards satisfying just punishment.

70In your case I also regard protection of the community to be a relevant consideration, but I consider this is best achieved by supports and interventions to address the ongoing issues you have, and to provide supervision in the community that you so obviously require.

71I take into account the sentencing guidelines referred to in s5 of the Sentencing Act, where relevant to your case.  In particular, I have had regard to the sentencing landscape for the offending before me.  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.

72The principles of totality, parsimony and proportionality are also very important considerations here.  They require me to make sure the total sentence is appropriate for the total criminality.  I have taken these principles into account in fixing the individual sentences and the structure of the sentence I will now impose.

73Weighing up all relevant matters in this difficult sentencing task I consider that a further sentence of imprisonment is required in the circumstances of your case, however it is my view that you require significant support if you are to successfully reintegrate into the community.  It is my view that in this case this can best be done by the imposition of a community correction order, and in coming to this conclusion I am mindful of the guidance given by the Court of Appeal in Boulton v The Queen[6]; that is, a community correction order may be suitable even in cases of relatively serious offences which might previously have attracted a medium term of imprisonment.  The court there stated:

'A CCO is likely to be a particularly important sentencing option in the case of a young offender, where there may be a perceived conflict between the need to punish the offender and the importance — both to the community and to the offender — of rehabilitating the offender.

'Since a CCO can be used to rehabilitate and punish simultaneously, the conflict is likely to be reduced.  Instead of needing to give less weight to denunciation or specific or general deterrence in order to promote the young offender’s rehabilitation, the court will be able to fashion a CCO which adequately achieves all of those purposes at once'.

[6]Boulton v The Queen [2014] VSCA 342; (2014) 46 VR 308.

Disposition

74Mr Mongrag, you are convicted and sentenced as follows.

·        In relation to Indictment K13187285 - that is the dishonesty offending you are convicted and sentenced in relation to the theft to six months' imprisonment.

·        In relation to each of the charges of obtain property by deception, you are sentenced to six months' imprisonment.

·        In relation to the charge charge of robbery, you are sentenced to  months' imprisonment.

·        On the charge of handle stolen goods, you are sentenced to six months' imprisonment.

75In relation to that indictment the base sentence is in relation to the robbery charge; that is 12 months.  I order that one month on each of the other offences - so the theft, the three deceptions and the handle stolen goods - be served cumulatively on the 12 months.  So that means for that indictment the total effective sentence is 17 months' imprisonment.

76In relation to Indictment M10406916, that is the driving matters:

·        In relation to negligently cause serious injury you are convicted and sentenced to 18 months' imprisonment.

·        On the charge of conduct endangering life you are convicted and sentenced to 18 months' imprisonment.

77Charge 1 is the base sentence and in relation to Charge 2 I intend to cumulate six months, so the total effective sentence on that indictment is two years.

78In relation to the related summary offences I intend to impose a community corrections order, and that will be for 18 months.

79As between the two indictments I order that 10 months of Indictment K13187285 be served cumulatively on Indictment No.M10406916, so the total effective sentence is one of two years and 10 months' imprisonment.

80HER HONOUR:  I order that 819 days be reckoned as already served by way of pre-sentence detention.

81

Now, ordinarily when a sentence over two years is imposed s11 of the Sentencing Act requires that the court must impose a head sentence and a

non-parole period, but in your case, given your past history - and what I am referring to there is the pre-sentence detention you have served of 819 days - it is my view that it is inappropriate to impose a non-parole period.

82In relation to the related summary offences -  this is driving in a manner dangerous, driving whilst disqualified, unregistered motor vehicle, exceeding prescribed concentration of alcohol and committing an indictable offence on bail and contravening a condition of bail, you are convicted and I order you be placed on a community correction order for a period of 18 months, and the conditions of this community correction order include that you must:

(a)   Submit for assessment and treatment for drug and alcohol abuse;

(b)   Submit for assessment and treatment for mental health;

(c)   Submit for treatment and rehabilitation programs to reduce re-offending; and

(d)   You are also to attend for supervision.

83In addition to the conditions I have imposed there are standard conditions that you must comply with.  The first and foremost of these is that you are not to commit another offence punishable by imprisonment for the period of the order, which is 18 months.  You need to report within two working days of your release to the nearest Corrections office, which I understand is Moorabbin Community Corrections.

84You are required to advise your supervising Corrections officer of any change of address where you are living or working within two clear working days and it is a term of all community corrections orders that you must submit to visits, as directed, and obey the instructions and directions of the Corrections officer, and you cannot leave the State of Victoria without prior permission.

85Mr Mongrag, if you re-offend while you are on that correction order or you do not comply with the conditions you will breach the correction order, and if you do that you will come back to me and you will very likely be re-sentenced in relation to the original charges.

86I can only place you on a community correction order if you agree.  So, firstly, do you understand what is involved in such an order? 

87ACCUSED:  Yes, Your Honour.

88HER HONOUR:  Do you agree to doing such an order?

89ACCUSED:  Yes, Your Honour.

90HER HONOUR: Okay. Pursuant to s6AAA of the Sentencing Act, but for your plea of guilty I would have imposed a sentence of four years and four months with a non-parole period of three years.  Now, Ms Tang, do I need to make an order on licence?  I suspect I do.

91MS TANG:  Your Honour does.

92On Charges 1 and 2 on Indictment M10406916 your licence is  cancelled and you are disqualified from obtaining one for 24 months.

93In relation to Indictment K13187285, in relation to the theft of motor vehicle, your licence is cancelled and you are disqualified from obtaining a licence for two months and they will run concurrent.  So that's 24 months off the road.

94I wish you every success with it and I hope that you can actually break the cycle, because it seems that you're just wasting your time in custody.

95ACCUSED:   Thank you, Your Honour.

96HER HONOUR:  All right.  So thanks very much to the parties and, Ms Tang, could you pass on my thanks also to Mr Stougiannos, who had the conduct of this matter and was instrumental in it’s resolution.

97MS TANG:  I will.

98HER HONOUR:  .  All right, so we'll adjourn.

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