Director of Public Prosecutions v O'Farrell
[2014] VCC 2279
•15 December 2014
| IN THE COUNTY COURT OF VICTORIA | Revised Not Restricted Suitable for Publication |
AT GEELONG
CRIMINAL DIVISION
Case No. CR-14-01588
CR-14-01589
| DIRECTOR OF PUBLIC PROSECUTIONS |
| V |
| COREY MARK O’FARRELL HAIDEN O’FARRELL |
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JUDGE: | HER HONOUR JUDGE HAMPEL | |
WHERE HELD: | Geelong | |
DATE OF HEARING: | 24 November 2014 | |
DATE OF SENTENCE: | 15 December 2014 | |
CASE MAY BE CITED AS: | DPP v O'Farrell & Anor | |
MEDIUM NEUTRAL CITATION: | [2014] VCC 2279 | |
REASONS FOR SENTENCE
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Catchwords:
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APPEARANCES: | Counsel | Solicitors |
| For the Crown | Mr J. Lewis | OPP |
| For the Offender C. O’Farrell | Ms E. Clark | Robert Stary Lawyers |
| For the Offender H. O’Farrell | Mr R. Lawrence Ms K. Ballard (for sentence) | Doogue, O’Brien George |
HER HONOUR:
1 Corey O’Farrell and Haiden O’Farrell, you have each pleaded guilty to one charge of aggravated burglary, one charge of intentionally causing injury and one charge of affray. These offences were committed in the early hours of the morning of 27 January this year at or out the front of the home of the victim.
2 You are two of five young men involved in these offences. The other three all pleaded guilty to charges of intentionally causing injury and affray and two of them have already been sentenced in the Magistrates Court. The third one is awaiting an assessment before sentence is passed. It is the additional charge of aggravated burglary that the two of you face that brings you before this court to be sentenced rather than have you dealt with also in the Magistrates Court.
3 You are cousins. You were both aged 18 at the time of the offending and you are both 19. Amy O’Farrell, who is the partner of the victim of the offending, is your sister, Corey, and your cousin, Haiden.
4 Mr Trickey and Amy O’Farrell were, as of the 26th and 27th January this year, living together. The relationship appears to have been a turbulent one and marred by violence exacted on Ms O’Farrell by Mr Trickey.
5 On 26 January 2014 and in the early hours of the morning of 27 January the police went to their home on three separate occasions. On the first occasion, it was because there had been, not only a verbal altercation, but a complaint of assault made by Ms O'Farrell against Mr Trickey.
6 On the second occasion, again with a concern or complaint about assault or threatened assault, the police went to the house but were very shortly thereafter called away to attend another incident deemed to be more serious and therefore the matters were left unresolved between Ms O'Farrell and Mr Trickey.
7 Ms O'Farrell, removing herself from danger, left the house and went to her mother's to stay the night. You, Corey O'Farrell were present at your mother's home and your sister, Amy, told you that she had been assaulted by Mr Trickey. You became angry about this and immediately demanded to be taken to the house. Your sister, Amy, told you not to worry about it and to let the court sort it out. You said to Amy, "We'll sort it out tonight" and she told you not to do anything silly.
8 Later that evening Amy dropped you off at the house of one of your co-offenders, again warning you not to do anything to Mr Trickey and to let the courts deal with him. After you got to your friend's or your co-offender's house, you, Haiden O'Farrell, and the other three who ended up being charged with these offences, went to a park where you had a barbeque, played basketball and drank. There were some other friends of yours there as well. At some stage during the night there was a discussion about Mr Trickey assaulting Amy O'Farrell and it seems that a group decision was made to go and confront Mr Trickey at his home. This was despite the warnings that Amy had given you not to do anything.
9 The group of you left the park and made your way to Mr Trickey and Ms O'Farrell's home. There is CCTV footage from a service station enroute to the house which shows all of you heading there at about 11.30 pm.
10 When you got to the house, the two of you, that is, Corey O'Farrell and Haiden O'Farrell, walked around the house to make sure that Mr Trickey was at home. Haiden O'Farrell then turned off the switches at the meter box so cutting the power to the house. This, as he later explained to the police, was part of a plan to encourage Mr Trickey to come out of the house so he could be spoken to, remonstrated with or assaulted there outside the house, rather than for the group to break in.
11 Just after midnight Mr Trickey called 000 telling them that he could see four youths running around in his yard, he had lost power and that he was unsure whether to go outside to check whether it was a local power outage or whether the youths had turned the power off.
12 He thought he saw, and told 000, that he had seen the young men leaving on foot heading south towards Victoria Street. About five minutes later he called back to 000 saying that he could see people still in his yard.
13 The two of you realised by turning off the power you had not been successful in luring Mr Trickey outside and so you entered the house through an unlocked bedroom window. Mr Trickey heard you entering and went into the bedroom. The two of you confronted him and he turned and left, running out the front door and calling for help, and the two of you followed him. It is this, the breaking into the house, the confronting him and then chasing him out that gives rise to the charge of aggravated burglary to which the two of you have pleaded guilty.,
14 Once outside in the front yard Mr Trickey was confronted by your co-accused who started kicking and punching him. When the two of you emerged from the house you both joined in. By 14 minutes past midnight the sounds were such that a next door neighbour, concerned about what was happening had also called 000. She told the operator that she had seen two men enter the house through the side window and could hear screaming and that she could see an altercation taking place in the front yard.
15 During the attack on Mr Trickey he fell on to a brick fence causing some of it to collapse. He was on the ground and described being hit very hard on the top of the head with something that was either glass or a brick.
16 At some stage another next door neighbour and his son, hearing the noise, went outside and saw what was happening. The neighbour describes seeing six or seven people in the front yard, someone laying on the ground not moving but screaming and one of them, obviously you, Corey O'Farrell, saying, "That's my sister's boyfriend, he's a bastard, kick him out". The neighbour told you all to stay and said he was going to call the police. Not surprisingly, when you were aware the police were going to be called you all ran away.
17 It was only when you had run away and the neighbours were then able to see who was left that they realised that it was Mr Trickey on the ground. He had, at that stage, a lot of blood on his face and his head; obvious injuries to the left side of his face. There was blood, coming not only out of his head and face, but also on his back.
18 Mr Trickey, while he was lying on the ground and after you had all left, managed to call 000 again. He, at that stage, believed he had been stabbed in the back because he was conscious of bleeding from there and he reported that he had had bricks smashed into his face.
19 It is your participation in this conduct that gives rise to Charge 2 of intentionally cause injury and Charge 3 of affray.
20 It is important to bear in mind that each of you bears responsibility, not just for the blows that you struck, but also for your participation in a five on one attack, and therefore bear responsibility too for all of the injuries suffered by Mr Trickey from all of the blows, struck whether by you, or by your co-offenders.
21 Mr Trickey was badly injured. He was taken by ambulance to the Geelong Hospital and remained there for two days. He had a displaced fracture of the transverse process of his left L1 vertebrae and that is up in the top of the neck. A fracture along the nose and left cheek bone and a fracture of the right nose ,bone. Two significant bruises on his scalp and bruises, or soft tissue injury to his arms and legs, and he also had a wound to the area of his back.
22 Fortunately he has made a full physical recovery from his injuries, although it took some time of physiotherapy and rehabilitation after that, although he still suffers residual pain.
23 Your involvement in this came to light because Ms O'Farrell went back to the house in the early hours of the morning of the 27th, shortly after the assault, and spoke to police there. She could not contact her brother, that is you, Corey O'Farrell, so she drove to the house of the friend she had dropped you off to look for you. One of the co-accused there told Amy O'Farrell what had happened. She then provided that account to the police, again, making it very clear that she would have nothing to do with any vigilante action and that this was very much against her will and wishes.
24 It seems that neither of you, nor perhaps any of the others, thought about the potential consequences for Ms O'Farrell of you deciding to take things into your own hands.
25 You were arrested a few days later on 30 January and the other offenders were arrested, either that same day as you, or a couple of days later.
26 When interviewed by the police, when you were arrested, you gave varying accounts to the police. Corey O'Farrell, you made some admissions. You admitted going to the house. You admitted pushing Mr Trickey on to the brick wall and admitted knowing that one of the bedrooms would be open so making it possible for you to get into the house. However, when asked if you had been into the house, you said "no comment" and when asked if anyone from the group had cut the power to the house, you said "no comment". You said that your original intention was to go to the house to talk to him and you blamed Mr Trickey for starting the brawl. Although you said you regretted doing it, at the same time, you said, "he deserved it" for bashing your sister.
27 Haiden O'Farrell, you made more comprehensive admissions. You admitted going to the house, turning the power off, and that that was a plan in order to try and get Mr Trickey out of the house. You admitted kicking and punching him. You said you did not see anyone throwing bricks and you did not throw any bricks yourself. You said that you were the main planner and that everyone in the group knew why you went inside because as a group., "we had planned it".
28 No Victim Impact Statement has been provided by Mr Trickey, but the prosecution summary and the depositional material, makes it clear that Mr Trickey has suffered both physically and psychologically from the offending.
29 His psychologist reports that he remains fearful that you will return to his house and harm him. He has difficulty sleeping and is generally wary of young men of a similar age to you.
30 It is this sorry set of circumstances that leads you, at the age of 19, into this court to be sentenced for the serious charges of aggravated burglary, intentionally causing injury and affray.
31 A measure of the seriousness is that aggravated burglary is punishable by a maximum term of imprisonment of 25 years. Intentionally causing injury, a maximum term of imprisonment of ten years and affray, a maximum term of imprisonment of five years.
32 These are serious offences and it is clear that, subject to considerations personal to you, denunciation, just punishment and deterrence, both general and specific, must be given weight. No matter how badly you think another person has behaved it is not for you to take matters into your own hands and mete out your own punishment. It is a mark of a civilised society, a society where we have a level of safety in the way we go about our daily lives, and where we have properly organised accountable police forces and properly organised and accountable judicial systems, that punishment is undertaken by courts after a fair trial, according to law, and after a proper and fair police investigation.
33 It is very important, therefore, that people do not think that they should take it on their own hands to be judge, jury and executioner, which is what you two did with your friends that night.
34 The fact that you had been drinking before you went around there, and were no doubt disinhibited and even less able to control your impulses than you might otherwise have been, only makes it worse.
35 You are both very young. You were 18 at the time and you are now only 19. The law makes it very clear that much greater weight should be given to encouraging rehabilitation in a young person than it might be to somebody older. It is clear that the obvious sentencing needs of denunciation, just punishment and deterrence must be significantly tempered by your youth and in particular the need to give weight to encouraging your rehabilitation.
36 Your co-offenders were all dealt with in the Magistrates' Court because they did not enter the house and chase Mr Trickey out. Therefore, they did not face a charge of aggravated burglary, which cannot be dealt with in the Magistrates' Court and must be dealt with in this court. They are equally responsible for the violence meted out to Mr Trickey and for the plan to go to the house and to act in the way you did. In my view, there must be, if not strict parity, real proportionality in sentencing between the sentences passed on them and the sentences passed on you for the injury and affray charges.
37 One of your co-offenders had relevant prior convictions. He was sentenced to a two year Community Correction Order with conviction. He does not suffer from an intellectual disability.
38 One other co-offender also has an intellectual disability and his sentencing has been adjourned whilst awaiting preparation of a Justice Plan after consideration of that as part of a sentencing order.
39 The third co-offender, who like the two of you, had no previous convictions, received an 18 month non-conviction Community Correction Order.
40 Sentencing must be informed by current sentencing practices. In the latest sentencing snapshots, published by the Sentencing Advisory Council, in the five year period ending in June 2013 around half of the people sentenced for aggravated burglary received a term of imprisonment, and significantly only a quarter of offenders under the age of 20 who were sentenced for aggravated burglary, received a term of imprisonment.
41 In addition to the usual caution that must be exercised when looking at sentencing statistics in order to inform current sentencing practices it must be borne in mind that the new Community Correction Order regime only came into effect from early 2012, and of course, only applied to offences committed after that date.
42 Although some pleas are heard in this court within 12 months of the commission of an offence there has been insufficient time to see whether the intention expressed by Parliament of making Community Correction Orders available for offences, where in the past a term of imprisonment would have been the only appropriate option, has been translated into an increased use of Community Correction Orders as sentences for offences of this type.
43 Even bearing that caution in mind, but looking at the figures for that five year period ending June 2013, I do not see any support for the Crown's submission that the seriousness of the circumstances of this aggravated burglary, committed by you, two young first offenders, can only be properly reflected by a term of imprisonment or detention in a Youth Justice Centre. Nor, in my view, do the statistics provide any support for the proposition that under current sentencing practices a non-custodial sentence, whether an adult gaol or Youth Detention for aggravated burglary, is imposed only in exceptional circumstances.
44 Dealing then with your personal circumstances. Corey O'Farrell, you have a long diagnosed intellectual disability and you have exhibited challenging behaviours all your life. This has clearly had a significant effect on your schooling and your ability to make friends and on your, already, limited prospects for employment. You live with your mother who also has an intellectual disability and your sister, Amy. You have no real employment history.
45 Since being charged with this offence you have been charged with and sentenced for another offence. For that you were dealt with in the Magistrates' Court and you were placed on a 12 month Community Correction Order with a Justice Plan and an order for supervision. This, I was told, was for another later incident also concerning Mr Trickey.
46 Your compliance with your Community Correction Order imposed in the Magistrates' Court has been good, and not only have you actively complied with the order, but there has been no further offending. You finally seem to have learnt the lesson that you must leave Mr Trickey alone, and if you are concerned about his behaviour, to let the system of the administration of criminal justice in this State take its course, rather than you take matters into your own hands.
47 Importantly, I am satisfied from the materials placed before me on the plea and then further reflected in the report provided by Ms Gaylard, your case worker, that you have taken active steps to manage your own rehabilitation. You appear to have established a good working relationship with Ms Gaylard. You have taken active steps to manage your own rehabilitation, engaging in programs as directed; and engaging in some employment related study. You have obtained some of your certificates necessary for working in the construction industry and are looking forward to obtaining employment in that field. You have engaged in playing team sport, something that has been identified as being important, in part to burn off some of your excess energy, and in part to help you develop healthy, normal, happy friendships and relationships with people your own age.
48 You have shown, therefore, not only that in general terms the need to apply the sentencing principle of encouraging rehabilitation is an important one, but you have taken active steps to assist in your own rehabilitation and have shown, since you were placed on that earlier Community Correction Order, a concerted commitment to compliance in working on your rehabilitation.
49 Haiden O'Farrell, your history is somewhat different. You, in fact, had only had connection with your cousin, Corey and his family, in recent years. A psychological report provided on the hearing of the plea set out what had been a family history marred by, what would appear to be, an early diagnosis of ADHD which had, although been somewhat managed by medication, had subjected you to side effects that you did not like and to a degree of bullying and victimisation at school.
50 You have had, what could best be described, as a few brief and desultory attempts at employment since leaving school. Although one job you got at Bakers Delight was one that you really enjoyed it had not turned into a long-term employment. That was, in part, because of your difficulty in keeping yourself free of drugs, your difficulty in accepting the discipline of employment, of turning up when you are required to and staying at work for the time you were required to and doing what you were told to whilst you were there.
51 Although you have not been diagnosed as having an intellectual disability you do have, according to the assessments carried out by the psychologist, Ms Warren, who assessed you for the purposes of this plea, a degree of intellectual compromise sufficient to preclude sound reasoning, including moral reasoning, and intellectual limitations combined with temperamental instability, meaning that you have been less able to reason your way out of emotional situations.
52 You had a difficult childhood. Your parents separated when you were young. You were left, initially, with your mother and then placed into State care. Your father fought long and hard to have you removed from State care and you were, ultimately, released into the care of your father and his second wife, your stepmother. They did their best to provide you with a safe and stable family home but your behaviour was often challenging.
53 In more recent times contact was re-established with your biological mother, and whilst that seemed, initially, to provide you with some sense of finding the balance of your identity, it ultimately turned out to be an unhappy and unsatisfying experience for you and you were left distressed and disillusioned. It was in those circumstances that you came to Geelong and made contact with Corey O'Farrell and his family. Your connection with Geelong had been of relatively short duration by the time of this offending.
54 Since the offending and before sentencing you have had a difficult time. You had moved a number of times and your accommodation could best be described as unstable.
55 You had had one significant relationship and that was with a young woman who had her own troubles with substance abuse and the termination of that relationship had made things more difficult for you.
56 In October, that is only a month or so before your plea hearing before me, you made a serious attempt to harm yourself or to take your own life, and you spent some time undergoing psychiatric assessment and treatment before being released from a psychiatric ward once you appeared not to pose any further harm to yourself. You were clearly struggling to come to terms with mental health issues, with substance abuse and with where you wanted to go in your life. Your housing was unstable and your relationships were unstable.
57 By a most extraordinary combination of events, just days before your plea was heard, you re-reconnected with an old school friend of yours, whose parents are people who have had a long history of working with Department of Human Services, with managing people with intellectual disability and challenging behaviours, with providing respite care to young people with challenging behaviours or severe disabilities and involved in direct case work.
58 Despite the challenging behaviours you had exhibited in your own family home which had led to your father and stepmother, ultimately with great reluctance, deciding that they needed to ask you to leave home because of your challenging and unmanageable behaviours, Ms Karlsson, her partner and her son and younger 14 year old son, were prepared to accept you into their household. Although you had only been with them for a few days at the time of your plea, Ms Karlsson gave very impressive evidence, not only about the way you had fitted in within the family, but about the long history the family had had with you before then, and about the firm boundaries she had set for you in relation to abstinence from drugs and alcohol, acceptance of family rules and the significance for her of putting the interests of the 14 year old in the house above the interests of looking after you if you were not prepared to abide by the rules.
59 For somebody who had faced such instability they were clearly challenging conditions for you and it is very much to your credit that in the weeks since then you have continued to abide by those conditions and the placement seems to be a stable and happy one.
60 You have also done, what you indicated you were thinking of doing but had some unformed plans to do, and reconnected with ReGen in order to address your substance abuse and your mental health issues. I have been provided this morning with two reports from ReGen which indicate that you have discussed a potential treatment plan for drug and alcohol counselling. You are booked into residential withdrawal at Williams House through ReGen to commence tomorrow. A psychiatric review whilst you are there has also been scheduled for tomorrow and you have also been booked in for a psychiatric assessment at Glencairn Consulting Suites immediately after the seven day residential detox placement.
61 You have also agreed with ReGen that you are working towards looking to have case management with a support worker at the Brosnan Centre or Frontyard Youth Services and calls have been made to put in place a referral process there. Whilst this is obviously early days you have shown the commitment during the adjourned period, with no doubt the assistance of your father, your stepmother, Ms Karlsson and her family, to reconnect with those services to show a sufficient commitment for them to be prepared to take you on and, fortunately, for places to be available for you and appointments to be made.
62 I am satisfied that this is a much more promising set of circumstances that surround you now than certainly surrounded you at the time of your offending and that surrounded you in the days just before your plea was scheduled to be heard. Therefore, for you, too, I consider, that given the significant disadvantages that you had suffered in your childhood and upbringing, the difficulties you have faced with your substance abuse, but the preparedness now to face that and the difficulties you have been facing with mental health issues, that again for you, encouraging these prospects for rehabilitation when you have already taken some steps yourself, should be the most powerful factor in assessing how to weigh your prospects for rehabilitation with the need to denounce, punish and deter.
63 I have therefore decided that for each of you the appropriate sentence is to place you on a Community Correction Order. They are slightly different in terms because I am going to make a Justice Plan for Corey O'Farrell and leave it to those administering the Justice Plan to give directions in relation to drug or alcohol services or psychological or psychiatric services so as not to double up on the services that are available. That is consistent with the terms of the current Community Correction Order.
64 I am imposing a period of unpaid community work in respect of each of you. Although the term of the order is the same as the term of the most serious order for the co-offender dealt with in the Magistrates' Court, I consider it should not be longer, because although you face a charge of aggravated burglary, he had previous convictions and you do not. I have imposed a lesser amount of unpaid community work for each of you than that co-offender got because of the difficulties each of you face in terms of your levels of intellectual functioning and the need, as I see it, for emphasis to be on the Justice Plan working towards overall rehabilitation for you, Corey O'Farrell, and for you, Haiden O'Farrell, to address those complex needs of substance abuse and mental health issues. Therefore, while some unpaid community work should be imposed as part of a punitive element of the order, I do not want it to interfere with those important rehabilitative steps that I consider you must engage with.
65 I am also imposing a supervision order in respect of each of you so that you will be properly supervised and accountable to Corrections.
66 So far as you, Haiden O'Farrell are concerned, I am directing that half of the term of unpaid community work I am imposing, can be worked off by commitment to your drug, alcohol and mental health rehabilitative services.as credited by Corrections.
67 I am not imposing orders in respect of drug or alcohol rehabilitation or psychiatric or psychological counselling for you, Corey O'Farrell, rather I am leaving it for that to be directed as part of your Justice Plan Order. I cannot make the same allowance for that but it is a relatively modest amount of work. It should be well achievable by you within the terms of the order and I see it as being a significant benefit to you in terms of imposing a discipline of work around you. A discipline of going to work when you are required to; doing what you are required to do. It should stand you in good stead for your employment prospects in the construction industry in any event.
68 Could each of you now please stand. Corey O'Farrell and Haiden O'Farrell, on all three charges, to which each of you has pleaded guilty, you are convicted.
69 Corey O'Farrell, you are sentenced to be placed on a Community Correction Order for a period of two years commencing today, 15 December 2014 and ending on 14 December 2016.
70 Haiden O'Farrell, you are sentenced to be placed on a Community Correction Order for a period of two years commencing today, 15 December 2014 and ending on 14 December 2016.
71 There are mandatory terms that apply to all Community Corrections Orders, so I am going to say it once, but it applies to each of you. They are these, that you must not commit another offence for which you could be imprisoned during the time the order is in force. That is just about any offence, that is, shoplifting, that is driving whilst unlicensed or serious driving offences, as well as what you might think of as more serious offences.
72 You must comply with any obligation or requirement prescribed by Regulation 17 of the Sentencing Regulations. That means that you must not be impaired by drugs or alcohol when you attend at any Corrections, supervision, unpaid community work or any other appointment you are required to attend under your Community Correction Order. You must submit to drug or alcohol testing if directed to do so.
73 You must report to and receive visits from the Secretary or their delegate. You must report to your closest Community Correction Centre within two clear working days of the order starting. For you, Corey O'Farrell, that is the Geelong Community Correctional Centre at the State Government Offices at Level 5, 30A Little Malop Street in Geelong. You know where that is because you have already been there under your other order.
74 For you, Haiden O'Farrell, that is at the Broadmeadows Community Correctional Services at 25 to 27 Dimboola Road, Broadmeadows. Each of you has already had an appointment made for you.
75 You must let a Community Corrections Officer know within two clear working days if you change your address, if you get a job or if you change your job or lose your job.
76 You must not leave Victoria without first getting permission to do so from the Secretary or the delegate. You must obey all lawful instructions from and directions of the Secretary or delegate.
77 They are the core conditions that apply to both of you. Do you each understand those?
78 Then there are particular conditions for each of you. Corey O'Farrell, these are yours. You must perform 100 hours of unpaid community work over a period of two years as directed by the Regional Manager. If you fail to comply with the unpaid community work component of the order, so that is if you do not turn up when you are supposed to, or if you go home early, or if you do not do the work when directed, the Secretary of the Department of Justice or his delegate can give you a direction to perform additional hours of unpaid community work in accordance with s.83AU of the Sentencing Act.
79 You must be under the supervision of a Community Corrections Officer for a period of two years and you must participate in the services specified in the Justice Plan provided.
80 Do you understand the effect and conditions of this order, Corey O'Farrell?
81 OFFENDER C. O'FARRELL: Yes.
82 HER HONOUR: And do you consent to it being made?
83 OFFENDER C. O'FARRELL: Yes.
84 HER HONOUR: Haiden O'Farrell, the conditions that apply to you specifically are these. You must perform 100 hours of unpaid community work over the period of two years as directed by the Regional Manager. I order that 50 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. Do you follow that?
85 And, again, for you too, if you fail to comply with the unpaid community work component of the order, the Secretary of the Department of Justice or his delegate may give you a direction to perform additional hours of unpaid community work in accordance with s.83AU of the Sentencing Act.
86 You must be under the supervision of a Community Corrections Officer for the full two years of the order.
87 These are your treatment and rehabilitation conditions. You must undergo assessment and treatment, including testing for drug abuse or dependency, as directed by the Regional Manager. You must undergo assessment and treatment, including testing for alcohol abuse or dependency, as directed by the Regional Manager. You must undergo a mental health assessment and treatment. That includes, but is not limited to, any mental health, psychological, neuropsychological or psychiatric assessment or treatment, whether in the community, in a hospital or in a regional facility, as directed by the Regional Manager.
88 You must undergo programs or courses aimed at addressing factors relating to the offending as directed by the Regional Manager. The assessment report recommended that you participate, or be assessed for participation, in programs such as anger management or mens behavioural change programs.
89 Do you understand the effect and conditions of your order?
90 OFFENDER H. O'FARRELL: Yes.
91 HER HONOUR: Do you consent to it being made?
92 OFFENDER H. O'FARRELL: Yes.,
93 HER HONOUR: Before they are brought down to you I declare, pursuant to s.6AAA of the Sentencing Act that, but for your pleas of guilty, I would have sentenced each of you to a three year Community Correction Order with an additional component of unpaid community work but otherwise with the conditions that I had imposed.
94 I have been asked to make disposal orders and I propose to make those orders.
95 I will now ask Ms Clark and Ms Ballard to take these orders down to you, and when you are sure you understand them and see that they reflect what I have read to you, to sign them acknowledging that you understand them and that you consent to them being made.
96 (Orders signed and acknowledged.)
97 Corey O'Farrell, I should point out to you that in the Justice Plan the following programs are recommended. First, so far as mental health support, that you continue your engagement with Headspace for ongoing therapeutic support. Second, so far as educational and vocational matters are concerned, that you participate in the Pathways Personal Helpers and Mentors Program. Third, so far as recreation is concerned, that you engage in other team sports until the football season resumes.
98 I direct that the Community Correction Order assessment outcome report for Corey O'Farrell, the client overview report prepared by Ms Gaylard and the Justice Plan prepared by her, be marked as exhibits in respect of your matter.
99 I direct that the Community Correction Order assessment outcome report and the two reports from ReGen, both dated 10 December 2014 in respect of Haiden O'Farrell be marked as exhibits in respect of his matter.
100 I have countersigned each of those Community Correction Orders. When copies have been made and provided to you, Corey O'Farrell, and Haiden O'Farrell, you will be free to leave the court. I urge you to keep the appointments that have been made for you for your initial assessment with Community Corrections.
101 Haiden O'Farrell, I wish you well in your detox. I think that is a really significant step you have made and decision you have made and I hope that, once you have gone through that, that you will be in a much better position to engage with the services that ReGen can offer you. To engage with Corrections to put this sorry episode behind you to realise that you cannot take the law into your own hands and to start to look forward to a much more hopeful future.
102 You, Corey O'Farrell, I hope you can make your peace with your sister, because it was a very unfair thing that you did to her. For you, too, engaging with this Community Correction Order, you will be able to build on the progress you have made on the last one. You will be able to see yourself in a way to managing your own behaviour better, managing your relationship with your sister and your mother better, getting some meaningful employment that will keep you occupied and keep you happy and having you too look forward to a much happier and much more productive future so that you too can say this is a sorry episode but I can now put it behind me.
103 I really hope that I do not see either of you coming back before me for breach proceedings. I would be very disappointed after the efforts you have made to date and after the efforts your lawyers have made to put such impressive material before me to show that you are two young men who, although you have done some very stupid things, should have a much better future ahead of you and should be able to enjoy that.
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