Director of Public Prosecutions v Monichon
[2019] VCC 2133
•16 December 2019
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
Case No. CR-19-01549
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| TRENT MITCHELL MONICHON |
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JUDGE: | HER HONOUR JUDGE PULLEN | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 4 December 2019 | |
DATE OF SENTENCE: | 16 December 2019 | |
CASE MAY BE CITED AS: | DPP v Monichon | |
MEDIUM NEUTRAL CITATION: | [2019] VCC 2133 | |
REASONS FOR SENTENCE
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Ms H. Baxter | Solicitor for the Office of Public Prosecutions |
| For the Offender | Mr B. Lindner | Ann Valos Criminal Law |
HER HONOUR:
1 Trent Monichon, you have pleaded guilty to one charge of armed robbery on Indictment No. J12310733. The maximum penalty applicable to that offence is 25 years imprisonment.
2 You have also agreed to me hearing a summary charge pursuant to s.145 Criminal Procedure Act 2009, and have pleaded guilty to a charge of failing to answer bail (Summary Charge 1). The maximum penalty applicable for that offence is two years’ imprisonment.
3 The offence of armed robbery occurred on 31 May 2018 and failing to answer bail on 12 February 2019.
4 The offence of armed robbery arose out of events which took place on 31 May 2018. The victim of your offending was Nicholas Pratt.
5 It is not necessary for me to recount in great detail the facts of this matter as they are on transcript – the matter having been opened in some detail by the learned prosecutor, consistent with Exhibit A. I proceed to sentence you on the basis of the facts as summarised by the prosecutor and discussed during the course of the plea hearing. For present purposes, I simply say that the facts in this case are most serious and disturbing. You also have an extensive criminal history to which I shall shortly refer, including for matters of dishonesty, although I note none for armed robbery.
6 I turn to a summary of your offending.
7 You are 26 years of age at sentence and were 25 years of age at the date of this offending. The victim of your offending, Nicholas Pratt, was employed as a customer service manager at Dan Murphy’s in Fawkner.
8 On 31 May 2018 at 9.36 am, you entered Dan Murphy’s store through the front entrance door, collected a shopping basket and walked to the aisle which contained spirits. Dan Murphy’s employee, Brad Emanda, recognised you from having attended the store on previous occasions and he called ‘000’.
9 You put eight, 700 millilitre bottles of Johnnie Walker Double Black Scotch Whisky into your shopping basket. Pratt became suspicious of you and approached you asking whether you wanted any assistance. You asked Pratt the price of the whisky and how much a case would cost.
10 You attempted to take another bottle of Johnnie Walker Double Black Scotch Whisky from the shelf, however, it slipped from your grip and smashed onto the floor. You asked Pratt if you would have to pay for the broken bottle and Pratt replied 'no'. You then told Pratt you would 'just take these', referring to the eight bottles of whisky in your shopping basket.
11 Pratt took hold of the shopping basket and walked with you towards the cash registers located at the front of the store. You also had hold of the shopping basket.
12 You told Pratt to let go of the shopping basket and Pratt responded he needed to take the basket so that he could remove the security tags from the bottles.
13 When you both reached the registers, you started pulling on the basket and continued to tell Pratt to let go. Pratt noticed you reach into your left pocket and heard another employee called Nick say 'he’s got a knife'.
14 Pratt looked at your left hand and saw you had a small black-handled steak knife in it, the blade was about 10 centimetres in length. You had the knife down by your side, the blade down, and you were gripping it normally.
15 After he saw the knife, Pratt let go of the shopping basket and told you to 'just go'.
16 Emanda, who had been on the phone to ‘000’ throughout this incident, told ‘000’ that you had a knife and that you were running out of the store.
17 The employees identified you from previous instances when you had been in the store. CCTV footage also identified you.
18 You were not able to be located until 3 September 2018, it seems then relevant to an unrelated matter, when you were arrested and interviewed, and provided 'no comment' answers in the record of interview. To answer that way, of course, was your right.
19 You were charged and remanded in custody. You subsequently failed to appear on 12 February 2019 at a further committal case conference relevant to this offending (Summary Charge 1).
20 The prosecution makes application for a Compensation Order in the sum of $439.60. Your counsel, Mr Lindner, stated you did not oppose the making of the order and I make the order for the amount sought.
21
You have served 210 days by way of pre-sentence detention for this offending as at your plea hearing. You were initially remanded on 3 September 2018, and granted bail on 17 September 2018, approximately 14 days thereafter. You then failed to appear at a further committal case conference on
12 February 2019 (Charge 1, summary offence) and were later arrested on a warrant for that offending on 7 May 2019. You are currently remanded from that date for this offending.
22 Whilst on remand you have also undergone a sentence imposed in the Magistrates’ Court in June 2019, at which time you were before the court on three charges of thefts (shop steal) and one charge of possess heroin. You were sentenced to 30 days imprisonment. Of the total of 240 days, you have been in custody as at 3 December 2019, 30 of those were undergoing that sentence. I have considered this additional time when determining the appropriate sentence for your offending before me.
23 You pleaded guilty at a committal hearing on 23 July 2019. No evidence was called at that committal hearing. I accept you entered your plea of guilty at an early opportunity (not the earliest opportunity).
24 You have pleaded guilty to these offences and you are entitled to have that fact taken into account in your favour, and I do so. The community, by your pleas of guilty, has been spared the time and cost of a trial and witnesses have not been required to give evidence upon your trial.
25 I accept your pleas of guilty indicate remorse for your offending. I also accept you have expressed remorse to Ms Mynard and in your written correspondence to me.
26 You have a criminal record which is quite extensive for someone your age. You first appeared at the Sunshine Children’s Court on 30 August 2010, where you were sentenced for driving offences, and without conviction were placed on a Good Behaviour Bond.
27 You next attended at Sunshine Children’s Court on 9 November 2010, charged with shop theft (less than $600) and, without conviction, the matter was proven and dismissed with you being released on an undertaking for a period of six months.
28 You next appeared at Sunshine Magistrates’ Court on 1 August 2013 on driving offences and failing to answer bail, and, with a conviction recorded, the matter was adjourned to 30 July 2015.
29 You next appeared at Sunshine Magistrates’ Court on 2 February 2015 on a charge of criminal damage and, without conviction, the matter was adjourned to 1 February 2016.
30 You next appeared at Sunshine Magistrates’ Court on 26 June 2016 for contravening your release on adjournment imposed on 2 February 2015. The contravention was proven and, without conviction, you were fined $300.
31 You next appeared at Sunshine Magistrates’ Court on 25 July 2016 for contravening a Family Violence Intervention Order. You were fined with a conviction recorded. I was told that involved an argument between yourself and your mother.
32 You next appeared at Sunshine Magistrates’ Court on 16 October 2017 for driving offences and you were suspended from driving for a period of one month.
33 You next appeared at Sunshine Magistrates’ Court on 27 March 2018 on numerous offences, including theft from a shop (four charges), failing to answer bail (three charges), numerous driving offences, committing an indictable offence whilst on bail (two charges), burglary, theft and were with a conviction, were fined an aggregate of $2,500. Your offending before me occurred approximately two months after that court appearance.
34 I note you do not have a prior criminal history of armed robbery or robbery for that matter. I am also aware that this is your first time in custody.
35 Counsel who appeared on your behalf, Mr Lindner, provided a written outline of submissions for your plea hearing and addressed them during it.
36 Regarding your offending, he referred to your lack of use of a disguise and that there were no threats made to any person in the shop. I am aware of that. He also urged your initial plan was to steal alcohol, not to commit armed robbery, I am less convinced of this, but do not proceed on any other basis.
37 Turning to your personal history and circumstances. You are now 26 years of age. Your parents were both drug users when you were a child. They no longer apparently use drugs. Your father is a forklift driver and your mother performs home duties. You have an older sister who is 29 years of age.
38 You attended primary school in Keilor Downs with a teacher’s aide during your early years. You were medicated with Ritalin for ADHD in primary school and struggled with school work. You have continued difficulty with reading and writing referred to in the report of Ms Mynard to which I shall shortly refer.
39 You then went to Kealba High School and without a teacher’s aide, you fell behind. You left in Year 9 when you were 16.
40 After leaving school, you worked in a factory with your father, driving a forklift, for approximately two years between 2010 and 2013. Your employment was terminated after a forklift incident in which you hit some racking.
41 In the past, you have also worked as a car detailer at Highpoint Hand Car Wash from about 2013 to 2015. At times, you have also had periods of unemployment and been in receipt of Newstart Allowance.
42 You returned to the car wash employment in 2016, however, stopped later in that year and returned to Newstart Allowance. You were hopeful you could return to work with that same employer after your sentence.
43 Turning to your drug use, from approximately the age of 17, you smoked cannabis, then began consuming alcohol. Your cannabis use became a daily habit, your consumption of alcohol, mostly on weekends. You said you did not develop an alcohol problem.
44 Your first began to use heroin when you were 21 years of age by smoking, then in 2017, intravenously. You had also taken Valium and Xanax previously.
45 You had received treatment for substance abuse by pharmacotherapy through your general practitioner prescribed Suboxone.
46 I was told you were currently prescribed methadone and had been since April 2019.
47 You are not currently in a relationship. There are no children from any previous relationships.
48 Your parents and sister visit you regularly in custody. You also have had daily phone contact with your mother and sister. Your parents were in court for some of the plea hearing.
49 Mr Lindner tendered a report from Alison Mynard, clinical psychologist, dated 1 November 2019.
50 In the family history, you referred to your parents’ addictions when you were younger and proffered that their drug use negatively impacted on your development as described in the report. Your sister often looked after you when you were young, due to your mother and father being 'unavailable' to you.
51 You acknowledged that when you were drug affected, you would become self-centred, self-focussed and unable to think of other people’s needs.
52 When you were using heroin, you said you would usually leave the family home and stay with friends to be on the street, as you did not want to expose your mother to your drug use. Otherwise, you lived at home with your mother and sister, your parents no longer apparently living together. You intend to live with your mother upon release from prison.
53 Further details were provided regarding your education and vocational history, much of which I was told by Mr Lindner. Describing your time at school you mostly kept to yourself. You played football at times and were reported by your mother to be a very active boy. Reading and writing were very difficult for you. Despite that, you have been able to complete courses in custody, and described those teachers as being very supportive.
54 Regarding your heroin use, you initially used intermittently, escalating to injecting it daily by the age of 24.
55 You described a period of time when you were on the CISP program and complied with the Suboxone program and being free from heroin for about four months.
56 At the time of the report of Ms Mynard, you were on 35 milligrams of methadone. I understood you instructed 40 milligrams at the plea hearing. Methadone, you said, helped you to feel calmer and more balanced. I note two urinalysis samples tendered before me indicate the presence of methadone as prescribed (and no other illicit substances present).
57 At the time of this offending, you were stealing alcohol to sell, to buy heroin. You denied having an alcohol problem.
58 A note was made by Ms Mynard of you having an eye condition where your eyes flitter from side to side, also observed by her during her assessment. You were self-conscious about that.
59 Ms Mynard estimated your intelligence level was low, due to your limited vocabulary and difficulty expressing yourself.
60 You had moderate insight into your offending behaviour, being able to acknowledge you were using heroin and prescription medication at the time of it.
61 You reported at times being highly anxious.
62 Further assessment indicated you continued to meet the diagnostic criteria for ADHD. Regarding cognitive functioning, you scored in the borderline range.
63 In summary, Ms Mynard concluded you had a borderline range of intellectual functioning and executive functioning skills. Those impacted significantly upon your daily life, comprehension, relationships, impulsivity, decision-making and communication skills.
64 Ms Mynard diagnosed you with generalised anxiety disorder, social anxiety disorder, attention deficit hyperactivity disorder, cannabis use disorder, opiate use disorder, and borderline cognitive functioning.
65 Regarding this offending, at your interview with Ms Mynard, you said you did not recall the incident, however, when you saw the CCTV footage, you acknowledged you did commit the offence. You said you felt terrible about what you did, that it was not in your nature to be violent or commit violent offences. You acknowledged the staff probably felt scared and you felt remorseful for it.
66 In the opinion of Ms Mynard, you had a difficult family life, at times feeling neglected by your parents. You had an eye condition that made you feel self-conscious and not confident around other people. Anxiety had been a problem for you for most of your life, also your ADHD and related learning difficulties meant you had teacher aides assisting you. Your learning had been significantly impacted by your ADHD.
67 Your level of functioning was in the borderline range, scoring just two points higher than intellectual impairment.
68 Over the years, you had discovered substances could help reduce your anxiety, likely linked to your concern people would judge or mock you about your eye condition.
69 At the time of this offending, you were substance-affected with heroin and prescription medication, and stole the alcohol to fund your heroin addiction. At the time, Ms Mynard opined your ability to think clearly, reason effectively, and use your judgment was impaired due to your intoxication.
70 In the opinion of Ms Mynard, whilst in custody you had attempted to work hard to make the most of your time there, and despite your eye condition and high levels of anxiety, you had made efforts to participate and complete numerous courses and study. You are to be commended for your efforts and achievements.
71 In the opinion of Ms Mynard, you were a medium to high risk of re‑offending should you relapse into heroin addiction. If you engaged in treatment and continued with methadone, your risk of relapsing and re-offending may reduce. I agree.
72 Ms Mynard recommended you receive focused rehabilitation for your drug addiction, and that you would benefit from treatment by a psychologist to address your longstanding ADHD symptoms, learning issues and anxiety. You would also benefit from completing an adaptive behavioural functional assessment.
73 Mr Lindner was not relying upon the principles in R v Verdins & Ors[1] and that, in my opinion, was an appropriate concession on all the material before me. I do, however, note your anxiety and your concerns regarding your eye ‘flicker’ whilst in prison.
[1](2007) 169 A Crim R 581 (‘Verdins’).
74 In custody, you have completed thirteen courses and the certificates were tendered during the course of the plea hearing. You have completed a Keeping Your Cool program; Ice and Me program; four Life Skills programs; Cannabis and Me program; Preparing to Work Safely in the Construction Industry; completion of a module/unit with Kangan Institute, and two Participating in Workplace Safety Arrangements. A certificate from Kangan Institute for completion of Provide Cardiopulmonary Resuscitation; and a release-related Harm Reduction Program.
75 You have completed a significant number of courses whilst in custody and that is to your credit. I hope that when you are released from custody, you maintain your efforts towards your rehabilitation.
76 There were also, as I have said, two urine analysis samples provided. As I previously stated, negative for substances other than methadone.
77 There was also correspondence from you to me dated 5 August 2019. In it, you apologised for the hurt and suffering you caused to the victims of your offending. You felt ashamed and disappointed with yourself. You were grateful for your family’s ongoing support. You understood you would be welcomed back to the family home upon your release from prison. At the time of this offending, you were associating with the wrong people and accepted total responsibility for your behaviour. Being in an adult gaol had been a massive 'wake-up call' you said. I hope so.
78 You described having completed a number of programs and said you had willingly undertaken them to improve your education. You had also been employed in the prison’s kitchen.
79 Upon release, you hoped you would be able to return to your employment as a car detailer. You would be able to attend any medical or other appointments necessary post release. You said you were remorseful for your offending and that you have worked hard to address your offending behaviour. Time will tell, but you have made a good start.
80 Regarding your rehabilitation prospects, I do have some concerns. Despite having completed a number of courses in custody, you are yet to be ‘tested’ when you return to the community, where the temptation of access to drugs may be an influence in your life. I hope not. I also note Ms Mynard assesses you as moderate to high risk of re-offending, should you not maintain abstinence from drug use. It is obvious that if you remain abstinent, your chances of re-offending will be reduced. Ultimately, it will be up to you and how committed you are to avoiding drugs and staying away from prison. I am sure you know that your drug use leads to your offending, which leads to gaol. It is a cycle that is very hard to break.
81 Perhaps the time that you have spent in custody, where you have been able to remain drug-free, will encourage you to maintain that somewhat healthier lifestyle upon your eventual release.
82 When sentencing you, I must of course seek to maximise your chances of rehabilitation as they may be.
83 There was also correspondence from Ms Daria Adams, clinician, Ravenhall Correctional Centre, dated 29 November 2019. You had attended for three individual counselling sessions with her.
84 Ms Adams referred to your completion of the Keeping Your Cool program which explored the function of anger and when it becomes problematic. The program also involved identifying helpful strategies to manage anger. You had developed an individualised anger management plan for the community.
85 Upon your release into the community, she thought you may wish to liaise with a GEO post release case worker at the GEO Bridge Centre in Richmond for up to two years. Those services would, should you take them up, include referral to relevant community services and support for relapse prevention. I urge you to consider taking up that service through Bridge Program.
86
Prior to your release, you may also arrange to continue to engage with
Ms Adams post release at the Bridge Centre. Keeping those commitments and attendances would further reduce my concern about your future risk of re-offending and of course improve your rehabilitation prospects.
87 Your counsel, Mr Lindner, in addressing his sentencing submissions and disposition sought, referred to the gravity of this offending. He described it as unsophisticated. No disguise was used. You had previously been in the shop and were recognised by staff. You did not threaten the staff with the knife by pointing it at them. I am aware of these matters.
88 He referred to your plea of guilty to these charges, an early plea and no witnesses called at the committal hearing. I note that you have indicated remorse via your pleas of guilty and also in correspondence/discussion with others.
89 Mr Lindner referred to your lack of prior criminal history in this court and for matters involving violence. I am aware of that.
90 Turning to your prospects of rehabilitation, Mr Lindner referred to the significant number of courses you had undertaken in custody and as I have said, I also note those.
91 Mr Lindner referred to the sentencing principle of parsimony.
92 Ultimately, Mr Lindner urged that the relevant sentencing principles could appropriately be applied in your case by the imposition of a community corrections order with conditions attached, including unpaid community work, supervision, psychological and other treatment as directed, and judicial monitoring. Such, he urged, would satisfy the sentencing requirements of general and specific deterrence.
93 There were written submissions prepared by the prosecution relevant to sentence, (Exhibit B). The prosecution submitted a term of imprisonment together with a community corrections order would be within the range of appropriate dispositions.
94 Referring to the offence of armed robbery, Ms Baxter noted the importance of general deterrence and community protection as primary sentencing considerations, in offences of this kind. She is correct. Ms Baxter referred to the concern expressed by the courts about the prevalence of this type of offending involving 'soft targets'. Also, that the offence of armed robbery is considered a crime of violence even when only the threat of force is used.
95 Addressing the nature and gravity of your offending, the prosecution accepted your offending was not sophisticated and that your victim was not injured. Further, you were not wearing disguises and did not use threatening words in conjunction with removing the kitchen knife from your pocket. You did not brandish the knife at the victim, rather kept it held down by your side. This I note is consistent with the statement of Mr Pratt.
96 The prosecution submitted that the value of items stolen was not significant.
97 The prosecution submitted there was a level of pre-planning in relation to this, in that you intended to steal the alcohol to sell it and pay for more heroin. You had also been to Dan Murphy’s on previous occasions and were familiar with the store and its layout.
98 The prosecution accepted your pleas of guilty were entered at an early stage, prior to the calling of evidence at the committal, albeit not at the earliest stage. As I have said, I accept that your pleas of guilty were entered at an early stage, as submitted by the prosecution.
99 Turning to remorse, the prosecution referred to the report of Ms Mynard and your moderate insight into your offending behaviour and of being able to acknowledge your use of heroin and prescription medication at the time of your offending.
100 The prosecution referred to you acknowledging your offending and the impact on the victims as in your correspondence to the court, which I have previously referred to. The prosecution accept, as do I, there is evidence of genuine remorse and acceptance by you of responsibility for this offending.
101 The prosecution accepted your high level of anxiety would mean that you would find your time more onerous in custody, and I also accept that consistent with general sentencing principles, not Verdins.
102 The prosecution also accepted you had a limited criminal history with your most recent conviction including priors for burglary and a fine of $2,500. As I have already noted, you do not have any priors for armed robbery and have not previously been incarcerated.
103 Addressing your prospects of rehabilitation, the prosecutor noted, as do I, that Ms Mynard assessed your risk of re-offending as medium to high, should you relapse into heroin addiction. You had, however, completed a number of relevant courses in custody, some of them specifically relating to addressing drug use, also two negative drug screens, provided to the court.
104 The prosecution submitted, regarding your rehabilitation, that that would depend on your ability to remain abstinent from heroin on your release. I agree.
105 No victim impact statements were before me. I was advised the victims had been given the opportunity and had declined.
106 Both counsel submitted I could, if I considered it appropriate, impose an aggregate sentence relevant to the two charges before me.
107 As well as matters personal to you, which include your prospects of rehabilitation as I find them to be, I must also take into account such matters as deterrence, especially general deterrence which is of considerable importance in a case such as this. The courts have repeatedly referred to the seriousness of the offence of armed robbery involving soft targets.
108 There is also the need for specific deterrence when sentencing you, as you have an extensive criminal history for matters involving dishonesty, as well as motor vehicle offences. I do, however, note no prior offences for armed robbery/robbery.
109 I must also consider the question of protection of members of the community from you, and bear in mind the likelihood of your re-offending. I take some comfort in that regard, given the courses you have undertaken whilst in custody. However, as I have said, only when you are released from custody will you truly be tested. I urge you to take advantage of future counselling/treatment if offered to you.
110 I am called upon by the Sentencing Act 1991 to manifest the community’s denunciation of your conduct and generally to impose a just punishment.
111 As at your plea date, you have served 210 days by way of pre-sentence detention for this offending; that is, approximately seven months. You have been in custody a total of 240 days at plea hearing.
112 In my opinion, to impose a seven-month sentence with a community corrections order for this offending would not adequately or appropriately reflect all sentencing considerations. I do, however, consider that the imposition of a term of imprisonment of eleven months with a community corrections order for a period of two years is appropriate. In sentencing you to that term of imprisonment I apply R v Renzella[2] to take into account the month that you have served as sentence imposed in June 2019 and I have reduced the sentence to be served from twelve months to eleven months to reflect that.
[2][1999] VSCA 85.
113 I arranged to have you assessed for a community corrections order and have received a report from Paul Sguerzi.
114 He determined you were suitable for a community corrections order and he recommended a number of conditions for me to consider as part of the order.
115 He assessed you as a high risk of re-offending.
116 You advised that you would have stable accommodation with your mother when on the community corrections order. Also, that you were aware of your risk of re-offending if using drugs. Mr Sguerzi reported you had good insight into your offending behaviour, and were motivated to complete treatment. You also stated you wanted to engage in employment to decrease your risk of re-offending. You report no pre-existing injury that might restrict your participation in certain work sites.
117 However, before I sentence you to a community corrections order, which I stress would only be part of this disposition or sentence, I need to tell you something about that community corrections order, so that you can give informed consent or otherwise to the order being made in the terms, with all these conditions attached to it. I repeat, this is only part of the sentencing order, all right, not all. I also intend gaol time, but that is just to explain it to you.
118 Now these would be the core conditions that apply to all - stand up, listen carefully. These are the core conditions that apply to all community corrections orders and they apply to you:
·You must not commit, whether in or outside Victoria, during the period of the order, an offence punishable by imprisonment.
·You must report to and receive visits from the Secretary to the Department of Justice or a Corrections officer if you would like, during the period of the order which will be for two years, after your release.
119 Have you got that? We will come back to that and you can speak to Mr Lindner if you do not understand it.
·You must report to the Community Corrections Centre at Broadmeadows CCS (24-27 Dimboola Road, Broadmeadows) within two clear days, following your release from custody.
·You must notify the Secretary, or his or her nominee, i.e. Corrections worker, of any change of address or employment within two clear working days after that change.
·You must not leave Victoria, except with the permission of the Secretary to the Department of Justice, or his or her nominee, i.e. a Corrections worker.
·You must comply with any direction given by the Secretary, i.e. Corrections officer, that is necessary for the Secretary to give to ensure you comply with the order.
120 There will be a number of additional conditions that apply to that order, which apply specifically to you:
· You have to perform 200 hours of unpaid community work over a period of eighteen months. So it is a two year order, but over eighteen months of that order, as directed by the Regional Manager (s.48C).
· You must be under the supervision of a Community Corrections Officer for a period of two years.
·You are required to be supervised, monitored and managed as directed by the Secretary, i.e. or the Corrections worker, (s.48E).
· You must undergo assessment and treatment, (including testing) for drug abuse or dependency as directed by the Regional Manager (s.48D(3)(a)).
· You must undergo assessment and treatment, (including testing) for alcohol abuse or dependency as directed by the Regional Manager or Corrections worker if you like.
·You must undergo any medical assessment and treatment that may include general or specialist medical treatment or treatment in a hospital or residential facility as directed by the Regional Manager or a Corrections worker.
· You must undergo a mental health assessment and treatment, including, (but not limited to) mental health, psychological, neuropsychological and psychiatric treatment in a hospital or residential facility as directed by the Regional Manager (s.48D(3)(e)).
· You must undergo programs or courses aimed at addressing factors relating to the offending as directed by the Regional Manager or a Corrections worker if you like, and I specifically refer to the Offender Behaviour Program (s.48D(3)(f)).
· You must also attend for review of your progress and compliance or otherwise with conditions of the order, and you have got to come back before me on 17 August 2020 at 9.30 am (s.48K).
· I direct that up to 80 hours of treatment and rehabilitation satisfactorily undertaken are to be counted as hours of unpaid community work, for the purposes of the unpaid community work condition (s.48(CA)).
121 I can only impose a community corrections order if you agree to that order being imposed, with all those conditions attached. So I need to tell you more about it.
122 I should advise you that if you contravene or breach that order by committing further offences, you can be charged and a sentence of imprisonment is one of the options that can be imposed for that breach itself (s.83A(d)).
123 Also, you can be re-sentenced for the offences that are before me. One of the options available includes a term of imprisonment (s.83A(s)). Now you have just got to think about that for a few minutes. If you do breach this order and come back before me, and I have to resentence you on the two charges that are before me, I have to think of other options. The lower option would be a fine. Why would I fine you for armed robbery? No. I could give you another community corrections order, why would I do that, if you breach the one I am just giving you? So do not assume I give that.
124 The only other option is a term of imprisonment, so bear that in mind if you breach the order. Anyway Mr Lindner has probably told you all this. So that means you have got to be extra careful for the next two years after your release. No committing any further offences that might incur a term of imprisonment. It could be driving offences. So you have got to be extra careful. Otherwise you are back before the court and back before me and you have to be resentenced on the two charges that are before me. So you need to be extra careful.
125 I also advise you that if you fail to comply with any direction of the Secretary to the Department of Justice, that is a Community Corrections worker, as part of this order, you can also be fined, (s.83A(e) and A(f)).
126 Now, being aware of all those conditions, do you consent to being on a the community corrections order? Now do you want to speak to Mr Lindner about it first?
127 OFFENDER: Yes, Your Honour, I agree.
128 HER HONOUR: No, no, no, do you want to speak to Mr Lindner about it, no?
129 OFFENDER: That's okay.
130 HER HONOUR: You're okay? Well all right nice loud voice, just tell me, do you consent to being on the community corrections order, right into that microphone.
131 OFFENDER: Yes, I consent.
132 HER HONOUR: All right. And are you aware of all the conditions of that community corrections order?
133 OFFENDER: Yes.
134 HER HONOUR: All right. And you agree to abide by all those conditions?
135 OFFENDER: Yes.
136 HER HONOUR: Including the extra conditions that apply above the core conditions?
137 OFFENDER: Yes.
138 HER HONOUR: All right. Now so the formal order will be as follows.
139 On Charge 1 on Indictment Number J12310733 and on Summary Charge 1, I sentence you to an aggregate of eleven months imprisonment and then direct you be subject to the community corrections orders for two - that order rather, for two years following release. And I just explained all those conditions to you.
140 Pursuant to s.6AAA Sentencing Act 1991, had you pleaded not guilty to these charges, and been found guilty of them, I would have sentenced you to a term of imprisonment of three years and six months with a non-parole period of two years and six months.
141
Pursuant to s.18(4) Sentencing Act 1991, and I want counsel to check this, I declare you have spent 222 days, up to and including yesterday,
15 December 2019, in custody by way of pre-sentence detention for this offence, and I direct that be entered into the records of the court.
142 I confirm that I make a Compensation Order in the sum of $439.60 to which I have previously referred and as I understand, details are to be provided by the prosecution in that regard and I will sign them once prepared. I do not think there are any other orders. Now is there anything counsel's unclear about, you in particular Mr Lindner?
143 MR LINDNER: No, I think I've got the entirety of that, Your Honour.
144 HER HONOUR: Good, so long as you understand.
145 MR LINDNER: Yes.
146 HER HONOUR: I have allowed that Renzella, the whole month effectively.
147 MR LINDNER: Yes.
148 HER HONOUR: By knocking it down from twelve months to eleven months.
149 MR LINDNER: Understood.
150 HER HONOUR: Just so long as you understand that, or you can explain that to him.
151 MR LINDNER: I will.
152 HER HONOUR: Thereafter, when he has finished the sentence, it is two years on the community corrections order.
153 MR LINDNER: Yes.
154 HER HONOUR: I've explained everything else that I think I need to explain and I've got the PSD right, on this charge, - - -
155 MR LINDNER: Correct.
156 HER HONOUR: - - - 222, up to and including yesterday. Happy with that?
157 MR LINDNER: Yes.
158 HER HONOUR: You agree with that?
159 MR LINDNER: I do.
160 HER HONOUR: Yes. All right, Madam Prosecutor, is there anything I've missed? Anything that needs to be fixed up?
161 MS BAXTER: Nothing else.
162 HER HONOUR: No?
163 MS BAXTER: Nothing else, Your Honour.
164 HER HONOUR: All right, now there were no other orders as I understand it, is that so?
165 MS BAXTER: That's correct, Your Honour.
166
HER HONOUR: Excellent, all right then. Very well, yes now my associate is going to approach you now with some documents for you to sign, it refers to this community corrections order, you have to sign it. Mr Lindner will explain what happens if you breach it, but I have just had you stand up there and explain in the microphone that you consent to the order, that you are aware of the conditions and you will abide by them. Can make it a very short hearing if we come back if you breach it. I just replay the last bit. But anyway,
Mr Lindner will no doubt explain all that to you. So my associate will go back. Yes, feel free.
167 MR LINDNER: Does Your Honour wish me to go too at this stage?
168 HER HONOUR: Maybe you better go and explain.
169 MR LINDNER: I will.
170 HER HONOUR: Yes. It is (indistinct), she is making her way down there now. All right, is there anything else, no?
171 MR LINDNER: No, Your Honour.
172 HER HONOUR: Thank you.
173 MR LINDNER: I will reiterate those matters in due course today.
174 HER HONOUR: Yes, no, that is good. Thank you very much for that, for your help too also Mr Lindner and Ms Baxter, thank you.
175 MS BAXTER: Thank you, Your Honour.
176 HER HONOUR: Nothing further, no? You will need to go out Mr Monichon please, thank you very much.
177 OFFENDER: Thank you, Your Honour.
178 HER HONOUR: Very well, thank you.
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