Director of Public Prosecutions v Naden
[2021] VCC 251
•11 March 2021
| IN THE COUNTY COURT OF VICTORIA | Revised Not Restricted Suitable for Publication |
AT MELBOURNE
CRIMINAL JURISDICTION
CR 19-00339
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| REGGIE NADEN |
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JUDGE: | HER HONOUR JUDGE LAWSON |
WHERE HELD: | Melbourne |
DATE OF HEARING: | 23 November |
DATE OF SENTENCE: | 11 March 2021 |
CASE MAY BE CITED AS: | DPP v Naden |
MEDIUM NEUTRAL CITATION: | [2021] VCC 251 |
REASONS FOR SENTENCE
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Subject:Criminal law – Sentencing – Contravention of a Community Corrections Order – Deferral of sentence – Participation in Koori Court – Order Confirmed
Catchwords:
Legislation Cited:
Cases Cited:
Sentence:
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APPEARANCES: | Counsel | Solicitors |
| For the Director of Public Prosecutions | Mr C. Henderson | Abbey Hogan Director for Public Prosecutions |
For the Accused | Mr. D. DeWitt (Plea) Ms C. Blakeney (Sentence) | Greg Thomas Solicitors |
HER HONOUR:
1This matter was last before me on 23 November last year and it concerns the contravention. All the preliminaries were attended to, the contravention was admitted. The Community Corrections Order was due to expire at that time on 25 December 2020 and I deferred the sentence in relation to the contravention so that Mr Naden could complete his rehabilitation.
2I now have a report from Wulgunggo Ngalu Learning Place dated 10 March 2021, which confirms that Mr Naden successfully completed the program. He was admitted to the program in November 2020 and departed on 23 February 2021, leaving on good terms and the report is very positive.
3On the previous occasion, Community Corrections Services had indicated to me in writing that their recommendation was in relation to the contravention that the order be confirmed with no further action required. Is that still the case, Mr Henderson?
4MR HENDERSON: That is Corrections' position, Your Honour. The Crown's submissions were that the order, at that stage, ought to be cancelled and Mr Naden resentenced. I do not have any different instructions but I acknowledge the positive progress Mr Naden has made.
5HER HONOUR: All right. Ms Blakeney, did you wish to make any submissions?
6MS BLAKENEY: Yes, Your Honour. In relation to the matter before Your Honour, I would ask Your Honour to accede to the recommendation by Corrections. The other relevant matter in my submission in the deferral period, Your Honour may recall Mr Naden had some outstanding matters in the Magistrates' Court.
7HER HONOUR: Yes, yes.
8MS BLAKENEY: In relation to some of those matters, Your Honour, they were finalised on 1 March in the Koori Court at the Melbourne Magistrates' Court and Mr Naden is now subject to a further Community Corrections Order.
9HER HONOUR: Right. How long is that for?
10MS BLAKENEY: Twelve months, Your Honour.
11HER HONOUR: All right, good. Thank you. Where's he living currently?
12MS BLAKENEY: He has returned to reside with his father in Footscray.
13HER HONOUR: All right. The report from Wulgunggo Ngalu indicated that he was seeking to obtain his learner's permit and he also had an offer of employment. Has that been taken up?
14MS BLAKENEY: Not at this stage, Your Honour. Since his discharge from Wulgunggo Ngalu and the commencement of the Community Corrections Order, he has, I am instructed, attended for drug and alcohol recovery sessions in the Footscray area, which was a referral that Mr Collier at Wulgunggo Ngalu had initiated for him. I am instructed he has attended those sessions in a twice weekly basis with his father.
15HER HONOUR: All right. Tell me, with the new Community Corrections Order, has that got a condition of judicial monitoring?
16MS BLAKENEY: It does not, no, Your Honour.
17HER HONOUR: It does not. All right.
18MS BLAKENEY: No.
19HER HONOUR: All right, so the onus is on Mr Naden to comply with the terms of that order over the period of the next 12 months. All right.
20In view of his circumstances, and also the successful completion of his detoxication at the Hader Clinic, as well as the successful completion of the Wulgunggo Ngalu Learning Program that took place over 12 weeks between November 2020 and February 2021, I will accede to the recommendation made by Community Correctional Services and I will confirm the order and order that no further action is required.
21I will make a notation on the court record that the contravention has been found proven. I understood from our previous hearing that the contravention was admitted and that he had breached by way of non-compliance. I also had knowledge of the further offending for which he has now received a further community corrections order from the Magistrates' Court of Victoria.
22The reason for my order is that Mr Naden has successfully completed a substantial period in the Hader Clinic and also the Wulgunggo Ngalu Program and pursuant to the principles enunciated in Akoka,[1] I am entitled to take that time into account as a form of detention.
[1]Akoka v The Queen [2017] VSCA 214 (‘Akoka’)
23In other considerations, there was an early plea of guilty, there was an acknowledgement of the wrongdoing and I am also satisfied that Mr Naden has by reason of his attendances at both the Hader Clinic and the Wulgunggo Ngalu Program demonstrated reasonable prospects of rehabilitation and that to impose a sentence at this time would be contrary to the best interests of Mr Naden and also the community generally. It is my view that he should be encouraged to continue his current program with the drug and alcohol recovery sessions that are presently in place and he should be encouraged to not further offend. I am satisfied that having regard to all the circumstances, that is just punishment. So they are my reasons.
24Mr Naden, I appreciate that you took every effort to address your offending behaviour by going to the Hader Clinic and also in going to Wulgunggo Ngalu and I am pleased to see the outcome as is reported by Mr Lampett. I am going up to Mildura today and I will be sitting with the Elders who sat on your matter and so I will tell them that you have completed your order and also that you successfully completed your rehabilitation.
25OFFENDER: Yep.
26HER HONOUR: There is a good reason for me to do that and that is because when they sit in these matters, what they want to do is to try and encourage people like you to have a life that does not involve further offending and cycling in and out of gaol and they will be very pleased to hear your outcome. So I will communicate to them on your behalf, all right?
27OFFENDER: Yep.
28HER HONOUR: So all the best for the future.
29OFFENDER: Yep.
30HER HONOUR: You have still got another year ahead of you but you are doing really well.
31OFFENDER: Yep.
32HER HONOUR: Did you find Wulgunggo Ngalu helped you?
33OFFENDER: Yeah.
34HER HONOUR: Good, good.
35OFFENDER: Yeah, it was good.
36HER HONOUR: All right well keep up the good work and make sure that you heed their words to you that you should take positive steps for the future now, get your licence and get a job and start giving back to your community because they have given you a lot and they have supported you a lot through this process but now it is your turn to give back, all right?
37OFFENDER: Yep, okay.
38HER HONOUR: Thank you.
39MS BLAKENEY: As Your Honour pleases.
40HER HONOUR: All right, we will complete the process now and adjourn the court, thank you.
41MR HENDERSON: As Your Honour pleases.
42MS BLAKENEY: Thank you, Your Honour. As Your Honour pleases.
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