Director of Public Prosecutions v Perrin

[2019] VCC 415

IN THE COUNTY COURT OF VICTORIA Revised
Not Restricted
Suitable for Publication

AT MELBOURNE
CRIMINAL JURISDICTION

CR 18-00545

DIRECTOR OF PUBLIC PROSECUTIONS

v

BRITTNEY PERRIN

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JUDGE:	HIS HONOUR JUDGE D. SEXTON
WHERE HELD:	Melbourne
DATE OF HEARING:	4 December 2018
DATE OF SENTENCE:	29 March 2019
CASE MAY BE CITED AS:	DPP v Perrin
MEDIUM NEUTRAL CITATION:	[2019] VCC 415

REASONS FOR SENTENCE
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Subject:
Catchwords:
Legislation Cited:
Cases Cited:
Sentence:

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms K Hamill	Lana Treasure, OPP
For the Accused	Ms C Lynch	Vanessa Parbhoo, VLA

HIS HONOUR:

1Brittney Perrin, you have pleaded guilty to one charge of attempted armed robbery, contrary to s.75A and s.321M of the Crimes Act 1958, and one charge of armed robbery, contrary to s.75A of the Crimes Act 1958. The maximum penalty for attempted armed robbery is 20 years' imprisonment. The maximum penalty for armed robbery is 25 years' imprisonment.

2The circumstances of your offending are set out in the prosecution opening on the plea, which was tendered at your plea hearing on 21 September 2018 and marked Exhibit A.  No issue was taken with that document by your counsel, and accordingly, I will treat it as a document containing the agreed facts.  I will now set out a brief summary of your offending.

Circumstances of Offending

3On 18 November 2017, you agreed to drive your then partner, Michael Sharp, to "score" drugs.  At the time, you were 23 years of age and had been in a relationship with Michael Sharp for some years.  You and Mr Sharp have two children together.  At this time, you were staying at your mother's house and
Mr Sharp lived elsewhere. 

4On this occasion on 18 November 2017, you parked close to a newsagency in Mitcham, while Mr Sharp left the vehicle disguised, and carrying a knife. 
He returned to the vehicle some short time later with money, and as you drove him to Victoria Street, Richmond in order to score drugs, he informed you that he had committed an armed robbery at the newsagency.  The two of you then proceeded to use the proceeds of the armed robbery to buy and then consume heroin.

Eight days later, on the morning of Sunday 26 November 2017, you drove
Mr Sharp to the IGA supermarket in Mitcham in your car.  You parked your vehicle, at which point Mr Sharp left the vehicle disguised and again carrying a large kitchen knife.  You knew by this time that Mr Sharp intended to rob the store.  Mr Sharp subsequently entered the IGA, and held a knife to the throat of an 81-year-old woman who was then shopping in the store, demanded money, swung his knife around upon encountering resistance to his demands, and ultimately ran out of the shop without having obtained any money.  Mr Sharp returned to your vehicle, and you then drove him from the scene.  You drove a short distance to the 7-Eleven store on Springvale Road. 
There, Mr Sharp again entered the score disguised, and upon encountering an employee inside the store, produced the knife and pointed it at her and forced her to provide the contents of the till to him.  The proceeds amounted to some $250 in notes and coins.  Mr Sharp then ran out of the store and returned to your vehicle, at which point you drove to the city where you and Mr Sharp used the proceeds of the armed robbery to buy heroin, which you both shared.

5Your conduct in connection with Mr Sharp in relation to the IGA store in Mitcham forms the basis of Charge 1 on the indictment, attempted armed robbery. 
Your conduct in connection with Mr Sharp in relation to the armed robbery at the 7-Eleven store constitutes the conduct covered by Charge 2 on the indictment, armed robbery.  Your role in the offending involved driving your
co-offender, Mr Sharp, to the scenes, remaining in your vehicle whilst he entered the premises and made demands for money, and then essentially acting as a “getaway driver”.

Following police investigations, both yourself and Mr Sharp were identified as suspects, with you being identified as the driver of the vehicle connected to these crimes.  You were arrested on 19 December 2017 at Mr Sharp's house in Ringwood.  You were taken to the Box Hill police station for interview, where you made admissions to the offending.  In relation to the attempted armed robbery at the IGA, you acknowledged that Mr Sharp had called you and told you that he wanted to rob an IGA and that you had knowingly taken him there of your own free will - answers 80, 96, 197 and 198.  When he returned from the IGA without success, you told the police that Mr Sharp became angry, and when you resisted the suggestion of going to the 7-Eleven, Mr Sharp said that he would tell the police it was all your idea - answers 89, 107, 119 and 120.  You admitted your role in the 7-Eleven offending - answers 110 to 116.

6Significantly, you also made a statement to the police outlining both your involvement and the involvement of Mr Sharp in this matter on 19 December 2017.  In that statement, you referred to a history of domestic violence by
Mr Sharp towards you which you had resulted in you obtaining an intervention order against him, which had subsequently been breached by him.  You also provided police with a more general history of the abusive relationship at the hands of Mr Sharp.  In that statement, you also gave a detailed account of the offending involving both yourself and Mr Sharp.

Mr Sharp was arrested ten days after you, on 29 December 2017.  When interviewed, he initially made a "no comment" interview.  When he was informed that you made a statement implicating him, he subsequently admitted the offending.  I note for the sake of completeness, that Mr Sharp ultimately pleaded guilty in this Court on 25 June 2018 in relation to the incidents involving yourself, together with the earlier armed robbery at the Mitcham newsagency.  Mr Sharp received a total effective sentence of five years and eight months' imprisonment with a non-parole period of three years and seven months' imprisonment, before Her Honour Judge Fox on 14 September 2018.

Victim Impact Statements

7I received two victim impact statements in relation to the attempted armed robbery at the IGA supermarket.  Both of these statements were tendered on your plea hearing on 21 September 2018 and marked Exhibit B.

8The owner of the IGA store, Mr Zi Yi Zhu, indicated in his statement that he is scared when the door to his shop is opened every time.  He is afraid of somebody coming in to do the same thing.  He has lost approximately seven kilograms in weight since this incident and cannot concentrate because of bad sleep.  He indicates that he has had to open the shop later at the weekend since the incident, resulting in a reduction in income.  He concludes:

"Do not feel safe anymore.  Always watching pedestrian outside.  And feel very stressed if somebody wear hoodie."

Mr Garry Johnson, the son of the 81-year-old customer who had the knife held to her throat by your co-offender, Mr Sharp, has provided a moving victim impact statement in relation to the impact of your criminal behaviour on his mother.  According to Mr Johnson, his mother had relocated to Mitcham from Surrey Hills approximately three years prior to the incident, having lived in Surrey Hills for 50 years.  It apparently had taken considerable emotional effort for his mother to leave her neighbourhood that she had felt safe in and comfortable in for so long.  She had been encouraged by her family to move closer to them following the death of her husband.  According to Mr Johnson:

"We encouraged her to move closer to her family following the death of her husband, and highlighted the benefits of being able to walk safely to a local strip shopping centre for many of her daily requirements, and to provide her with valuable exercise vital for her physical and mental health."

9According to Mr Johnson, his mother was just becoming involved in her relatively new suburb and feeling part of the local community when your offending took place.  According to Mr Johnson, after the offending, his mother did not wish to discuss the incident or seek counselling.  Mr Johnson, when detailing the impact of your crime on his mother, states as follows:

"After the assault, Ruby became quite paranoid about living alone.  She lost confidence when walking in the local streets and became suspicious of locals near her home.  She thought that the perpetrators were prank calling her home phone and would try to access her bank account. 
In addition, she became anti-social and declined to participate in activities with her family and at her local bowling club.  Not unexpectedly, Ruby also refused to attend the local IGA for her shopping needs.

We noted that Ruby had mood swings and became a 'glass half empty' kind of person, unlike her former self.  However, Ruby was in denial that she may require professional counselling related to the assault. 
Her behaviour hit rock bottom when she had a meltdown at a family event and became very irrational, angry and abusive towards me.

As her main carer, I have always had a close and caring relationship with my mother, hence why she moved to be near me.  So this behaviour was extremely distressing for me and my family.  Following this incident, she has attended her doctor for assistance.  It has taken approximately six months to get her close to returning to her former self."

10I have taken into consideration both of the victim impact statements in relation to the impact of your offending on the victims.  Collectively, those statements bear testament to the far reaching and traumatic effects of your criminal behaviour.  Whilst Mr Johnson's victim impact statement in relation to his mother was being read to the Court on 21 September 2018, I observed you to become distress upon hearing its contents, as I have done today.

Procedural Chronology

11As earlier indicated, you were arrested on 19 December 2017.  You were then interviewed, charged and remanded in custody.  You were subsequently bailed on 15 January 2018, after spending 28 days in custody. 

At a committal case conference on 13 March 2018, when you faced charges in relation to the matters in which you have now pleaded guilty, together with the earlier Mitcham incident on 12 November 2017, you proceeded by way of straight hand-up brief with a plea of not guilty.  I was informed that you subsequently sought a discontinuance of the proceedings, relying upon the defence of duress.  When that application was refused, resolution discussions proceeded, and the matter ultimately resolved to a plea of guilty in relation to the two charges on the indictment on 22 May 2018, the charge relating to the earlier 13 November 2013 incident not being pursued by the prosecution, at which point the matter was adjourned for a plea hearing on
21 September 2018.

In my view, your plea of guilty should be seen as an early plea for the purposes of s.5(2)(E) of the Sentencing Act 1991. You had earlier been charged and proceeded with on the basis of an incident which subsequently was not continued by the prosecution. However, the matter was delayed in the County Court by virtue of your discontinuance application, which I was informed related to your alleged criminality in its entirety. Given what I now know of your background and the underlying circumstances at the time of the offending, it is my view that there was a legitimate forensic basis for exploration of the defence of the duress which I was told was the foundation of the discontinuance application.

12In any event, after discussions, the matter resolved on 22 May 2018, approximately six months after you were charged.  The prosecution indicated that there may be some question as to whether your plea of guilty in these circumstances represents a plea at the earliest opportunity.  Whilst in my view, there has been some delay in relation to your plea, in my opinion, you are deserving of a significant discount in accordance with the well-established principles by virtue of your early plea in these circumstances.

Personal Background

13I turn now to your personal background.  You are currently 24 years of age.  You were 23 at the time of the offending.  You come before me with a complete absence of any prior criminal history.  You are a single with two young children to your co-offender, Mr Sharp:  Thalia, aged six, and Charlotte - you can assist me, Ms Lynch.  Aged?

14MS LYNCH:  Five.

15HIS HONOUR:  Five.  Thank you.  In obtaining an understanding of your most difficult personal history, I have considered the contents of the two psychological reports from Carla Lechner, Exhibits 5 and 6 on the plea hearing, dated 11 April 2018 and 12 August 2018.  Ms Lechner also gave evidence before me on 21 September 2018.

16According to Ms Lechner, you present as a young woman with a history of post-traumatic stress disorder arising from a long history of domestic abuse at the hands of Mr Sharp.  According to Ms Lechner, your psychological condition has contributed to your problems with drug dependency and compromised parenting.  I do not now propose to go into great detail in relation to the specifics of your history with Mr Sharp in that regard.  I note that the prosecution in this matter has conceded that there is a prior family violence history involving violence towards you by Mr Sharp.  I have also had regard to a bundle of documents setting out various aspects of the family violence history tendered at your plea hearing on 4 December 2018 and marked Exhibit 7. 

17You met Mr Sharp, who was two years your senior, when you were aged 15.  By the age of 16, still essentially a child yourself, you fell pregnant to Mr Sharp and you had your first daughter Thalia on 18 April 2011.  Not surprisingly, your schooling was interrupted and you have had limited employment opportunities since leaving school.

18Mr Sharp, who was an individual with a substantial criminal history, was imprisoned when Thalia was aged 11 days.  Subsequent to his release from prison, you resumed your relationship with Mr Sharp and at the age of 19 fell pregnant again with your second daughter, Charlotte, who was born on 3 June 2013. 

19It was around this time that Mr Sharp became physically abusive towards you, resulting in the various matters outlined in Exhibit 7. 

You had commenced smoking cannabis from the age of 13 years, and had experimented with other illicit substances.  However, it was after Mr Sharp was released from a term of imprisonment in relation to breaching the intervention order which you had obtained in 2014, that Mr Sharp commenced residing with you again and, at that point in time, introduced you to heroin.  You quickly became addicted.  Over the next few years, you struggled with your heroin addiction whilst Mr Sharp also battled with substance abuse, particularly ice use.  The relationship continued to be characterised by violence and instability.

20Notwithstanding the obvious challenges in your life, you have maintained, as
I understand it, the support of your mother Kim.  I understand that your parents separated when you were approximately 12 years of age, and you have since had limited contact with your father.  I note that your mother has been in Court during the earlier plea hearings, and has played a significant role in relation to the care of your young children following intervention from Department of Health and Human Services (DHHS) in the last few years, and more recently, has provided a reference which was tendered on the plea hearing on 21 September 2018 and marked Exhibit 3.

21The full details of your traumatic background were canvassed at length by
Ms Lechner in her reports, and amplified in her evidence before me.  According to Ms Lechner, you presented with symptoms, as I have indicated, of post-traumatic stress and major depressive disorder, and your post-traumatic stress, according to Ms Lechner, is directly attributable to the domestic abuse at the hands of Mr Sharp.  According to Ms Lechner, your psychological difficulties impacted upon your decision-making at the time of your offending behaviour and, according to Ms Lechner, at the relevant time you were extremely fearful of Mr Sharp and the violence he was clearly capable of perpetrating against you.

22Whilst your counsel did not submit that your moral culpability for your offending was decreased by virtue of any Verdins’’ principles, in my view, your most difficult background and associated challenges, which were in existence at the time of the offending, very much inform the circumstances in which your offending took place.

Recent Circumstances

In terms of recent circumstances, you appeared before me on 21 September 2018 for the commencement of the plea hearing.  At that time, I adjourned the matter to 4 December 2018 to allow your counsel to obtain further mitigatory material on your behalf.  In particular, I was concerned in relation to objective evidence regarding drug counselling and drug abstinence, clarification in relation to the role that DHHS had played in relation to your children, clarification in relation to your current care arrangements regarding the children and their associated difficulties, and clarification of the status of any communications between yourself and Mr Sharp whilst he has been in custody.

23On 4 December 2018, in addition to the family violence material - this is Exhibit 7 - I received further documentation in relation to your children and the voluntary arrangement with DHHS, which had resulted in your reunification with your daughters in April 2018.  I was then informed that the children were residing with you on a full-time basis, and that your mother was providing valuable assistance to you in relation to their care.

On 4 December 2018, I deferred sentence, pursuant to s.83A of the Sentencing Act, to again allow time for further mitigatory material to be obtained, particularly in relation to ongoing drug rehabilitation efforts.  I made it very clear to you that your continued rehabilitative efforts would be critical to any favourable disposition.  In particular, I indicated that on the return date I would be wanting updates in relation to your compliance with a prohibition on contact with your co-offender, save for child-related issues, evidence regarding drug abstinence, and evidence regarding family violence counselling.

Upon returning to Court today, I was informed, sadly, that your progress had been problematic.  You have re-offended, twice, it would seem, in February of this year (albeit in relation to fairly minor offending in comparison to the matters for which you now fall to be sentenced), you have relapsed into heroin use (I was informed that you had used approximately four times recently), and you have not furthered your drug rehabilitative efforts.  I was informed, and I accept, that your recent problems emanate from your unfortunate association with another male, currently in gaol, who has had a destructive influence on you.  Such was his level of violence towards you that there is now an interim intervention order in place. Unfortunately, your problematic behaviour of late has resulted in formal intervention by DHHS.  There are current proceedings afoot in the Children's Court in relation to protective concerns regarding your children.  They, like you, now reside with your mother, and you are subject to an interim accommodation order in relation to the children, with significant behavioural change required by you before complete reunification with them can occur.

One positive aspect of your recent progress has been your linkage with the Eastern Domestic Violence Service (EDVOS).  I received a letter from that serviced, dated 28 March 2019, tendered on your plea hearing and marked Exhibit 8, which confirms much of your recent problems with this other male, and that you are now receiving support and counselling from this service.  In my view this is a positive and significant development.  As I indicated earlier, in my view the key to addressing the underlying issues which have precipitated your illicit drug use and criminal behaviour is dealing with your underlying psychological fragility, and the wholly destructive relationship cycle that has impeded your positive progress for some years now.

24In my view, you remain in a precarious situation, from multiple perspectives.  You are clearly vulnerable a term of imprisonment.  You are far from free of your heroin addiction.  You are in danger of further criminal activity and its somewhat inevitable consequences.  Your ability to play a positive role in your children's life is clouded.  You are highly susceptible to anti-social associations, and sadly, the dominance of men who represent a real threat to your rehabilitation, if not personal safety.

25However, I am certainly alive to the complications in your life, and realistic that one cannot expect a uniformly positive trajectory given your difficult history.  Your presentation in Court today is an improvement on previous occasions, and I remain hopeful that with commitment by you, you may be able to improve your circumstances over time.

Sentencing Factors

26I turn now to sentencing factors. Section 5(2) of the Sentencing Act sets out the factors to which I must have regard in relation to sentencing you. 
The legislation does not state that any factor has dominance over another.  Indeed, it is well understood that the weight and emphasis given to any one factor by a Court will vary according to the facts and circumstances of each case.

Maximum Penalty

27Pursuant to s.5(2)(a) of the Act, I must have regard to the maximum penalties for the offences to which you have pleaded guilty.  As earlier indicated, the maximum penalty for Charge 1 is 20 years' imprisonment, and the maximum penalty for Charge 2 is 25 years' imprisonment.  Those statutory maximums reflect the gravity of the crimes to which you have pleaded guilty.  I have taken into consideration those maximum penalties for the offences to which you have pleaded guilty in constructing an appropriate sentence in your case.

Nature and Gravity of Your Offending

28Pursuant to s.5(2)(c) of the Sentencing Act, I must have regard to the nature and gravity of your offending. 

I regard both instances of your offending as extremely serious examples of the crimes of attempted armed robbery and armed robbery.  These crimes, by their very nature, are inherently violent.  The victims of such crimes invariably are soft targets, such as the victims in this case.  The conduct of Mr Sharp would no doubt have been extremely frightening for those victims.  The gravity of this conduct is perhaps best highlighted by the impact on the elderly victim in relation to the attempted armed robbery.

29I accept that your role in relation to the offending was limited to that of being a driver.  Clearly though, the role of a driver is important in facilitating the commission of these crimes.  Your co-offender relied on the fact that you had a driver’s license. 

30The prosecution in this case have fairly conceded, in relation to the offending, that Mr Sharp did the majority of planning for it, and that he told you to dispose of the knife and “hoodie”, highlighting, by way of example, his more dominant role in the offending.  Clearly, your role was significantly less involved than that of Mr Sharp.

31I also accept, given the personal history between you and Mr Sharp, and your psychological difficulties as elaborated upon by Ms Lechner, you would no doubt have been in an invidious position on the day of your crimes.  That difficult history, as I have earlier indicated, informs any assessment as to your level of culpability for your offending.  

32Notwithstanding the absence of any applicability of the Verdins’’ principles,
I have formed the view that your culpability is somewhat lessened by virtue of the dynamics that no doubt existed between yourself and Mr Sharp at the time of your offending behaviour. Your culpability and degree of responsibility for the offence is a mandatory consideration for sentencing, pursuant to s.5(2)(D) of the Sentencing Act.

Plea of Guilty

33As earlier indicated, you were deserving of a significant discount by virtue of your early plea of guilty.  That plea has facilitated the course of justice, indicates acceptance of wrongdoing, and in my view, is reflective of genuine remorse.

34Furthermore, in your case, you provided a statement at the time of your arrest implicating Mr Sharp.  In all the circumstances of your case, I am of the view that it is reasonable to infer that your statement facilitated the resolution of
Mr Sharp's matters, given that he was arrested ten days after you.  This is a matter, in my view, of some significance, justifying a further sentencing discount.

35The prosecution in this case fairly conceded that your admissions had facilitated the resolution of the matter, and you had been cooperative with the police. 
In my view, your assistance and cooperation in this regard is further evidence of genuine remorse.  It ameliorates the need to impose the penalty which reflects the sentencing principle of specific deterrence and increases your rehabilitative prospects.

Absence of Criminal History

36You come before the Court at age 24 with a complete absence of any criminal history as at the date of your offending.  This is a significant matter, in my view, in light of your longstanding personal difficulties and, in particular, your drug addiction.  It is of note, in my view, that notwithstanding your difficulties, there is an absence of prior criminality in your case.

Youth

37At 24 years of age, you are still a youthful offender.  You were 23 years of age at the time of the offending.  I am cognisant of the relevant principles in relation to sentencing of young and youthful offenders, and the need for rehabilitation to assume a significant role in sentencing[1].  As submitted by Ms Lynch today, your recent problematic process needs to be considered through the prism of your youth and absence of prior criminality.

Rehabilitative Prospects

I have already referred to your rehabilitative prospects in the context of your cooperation with police and your plea of guilty.  Your progress, whilst this matter has been before me over the last six months, reflects that your rehabilitative path is far from straightforward.  However, your recent linkage with EDVOS and your ability, belatedly, to refrain from inappropriate contact with your co-offender whilst he is in prison, tells me that there is hope for you.  Particularly given your relative youth and absence of prior criminality, I am of the view that any penalty I impose should facilitate, as much is as appropriate given the gravity of your crimes, your rehabilitation.  I regard your rehabilitative prospects as somewhat clouded at present, much is dependent on your ongoing progress in counselling with EDVOS and your drug rehabilitative efforts.  You will need considerable support if you are to succeed in your rehabilitative efforts.

[1]R v Mills (1998) 4 VR 235, Azzopardi v R [2011] 219 A Crim R 369 at [36]

Hardship in Custody

Your counsel did not submit that the fifth and six Verdins’ principles were enlivened in your case in relation to hardship in custody.  However, in my view, to ignore your personal history and underlying psychological fragility and to ignore the impact of a term of imprisonment on you, would be unrealistic and unfair. You certainly present, in my view, as a person of considerable vulnerability and I have little doubt that a term of imprisonment would weigh very heavily upon you in relation to the welfare of your young daughters, notwithstanding that your mother is able to care for them in your absence.

38I have taken into consideration the fact that these matters would no doubt weigh heavily upon you should I impose a term of imprisonment, in the general exercise of mercy.

Your co-offender Mr Sharp received a total effective sentence of five years and eight months, with a non-parole period of three years and seven months for his criminality.  Whilst I am required to consider the issue of parity in sentencing, as fairly conceded by Ms Hamill who appeared on behalf of the prosecution, there are numerous differences between your case and that of Mr Sharp. He, unlike you, has a criminal history and a significant one at that.  He faced a second armed robbery charge (that being the earlier Mitcham incident) and an assault charge.  And of course, his role in the offending relevant to you was more substantial.

Conclusion and Sentence

39The prosecution in this case submitted that in all the circumstances, a combination sentence involving a term of imprisonment followed by a community correction order would be the appropriate sentencing disposition in this case. When I sought clarification from Ms Hamill, who appeared on behalf of the Director of Public Prosecutions, in relation to that submission, given that you had already served 28 days in custody prior to being bailed in relation to this matter, Ms Hamill indicated that a sentence of time served in combination with a community correction order would not necessarily be contrary to those instructions.

After giving this matter anxious consideration and acknowledging that this has been a difficult sentencing exercise in all of the circumstances, I have formed the view that a term of imprisonment coupled with a community correction order is the only appropriate disposition in your case.  However, I have also formed the view that a sentence of imprisonment extending beyond the 28 days already served by you is not necessary in this case. To say this is not to dilute in any way the gravity of your criminal conduct, and the need to impose a sentence that denounces the conduct, meets the sentencing purposes of specific and general deterrence and reflects a sentence which represents just punishment in your case.  It is well established that a community correction order is, by its very nature punitive, and can be highly punitive.  The community correction order I am imposing will have a substantial community work component, reflecting the need to appropriately punish you for your crimes.

To be clear, crimes of this nature warrant condemnation by the Court. 
Likeminded offenders need to be deterred from engaging in such serious criminality, particularly given your recent criminal activity, you need to be deterred from engaging in similar conduct in the future.  However, given the particular constellation of powerful mitigatory factors in your case, it is my view that it would be counter-productive to return you to gaol. In my view, the protection of the community is ultimately advanced through your ongoing rehabilitative efforts.  In my view, any sentence I impose should facilitate such rehabilitation.

40Both of the offences to which you have pleaded guilty took place on
26 November 2017. Pursuant to s.9 of the Sentencing Act, I intend to impose an aggregate sentence of imprisonment as your offences form part of a series of offences of a similar character.

Sentence

41Ms Perrin, would you please stand?

On Charges 1 and 2, you are convicted and sentenced to a term of imprisonment of 28 days. Pursuant to s.18 of the Sentencing Act, I declare that you have served 28 days of pre-sentence detention.  To be clear, it is my intention that the sentence of imprisonment imposed on this day has already been served by you.

42Pursuant to s.44 of the Sentencing Act, in addition to the sentence of imprisonment, I order that you undertake and complete a community correction order.  That order will operate for a period of three years.

43In addition to the mandatory conditions attaching to the community correction order pursuant to the Sentencing Act, I order that you comply with the following further conditions.  You are to undertake and complete 300 hours of unpaid community work.  You are to undergo treatment and rehabilitation in relation to drug-related issues.  You are to undergo treatment and rehabilitation in relation to mental health issues.  You are to be supervised by an appropriate officer from within the Office of Corrections Victoria.  You are to be subject to judicial monitoring.

44What that means, in relation to that last condition, is that you will be required to return to Court before me regularly to update me as to your progress.  Subject to what counsel inform me, I am proposing that you will next appear before me at 10 am on 15 August 2019 in relation to the judicial monitoring condition.

Section 6AAA Declaration

45Pursuant to s.6AAA of the Sentencing Act, I declare that but for your plea of guilty, I would have imposed a total effective sentence of three years' imprisonment with a non-parole period of two years' imprisonment.

Ancillary Orders

46I will make the disposal order sought in relation to the “hoodie”, “black T-shirt”, “grey T-shirt” and “singlet”. I will also make the forensic sample order pursuant to s.464ZF of the Crimes Act.  I note in that regard that the application is not opposed by you. 

47I also state for the record, in relation to s.89A of the Sentencing Act, I have exercised my discretion not to make an order against any driver's license held by you.

48Yes, you can take a seat for a moment, Ms Perrin.  Counsel, any queries in relation to the sentence that I have imposed?

49COUNSEL:  No, your Honour. 

50HIS HONOUR:  We will just get the documentation documented.  And
Ms Lynch, if you could accompany my associate down to the dock and get your client to sign the documentation?

51Please stand again, Ms Perrin.  Can I indicate in relation to the 464ZF application - that is an application in relation to the taking of what is called a forensic sample from you in due course by the police.  I understand it will be a scraping from the mouth at first instance that will be taken from you.

52I need to inform you that if, at the time the police make the request, and you do not consent to the taking of a mouth scraping under the supervision of an authorised member of the police force, then a sample to be taken will be a blood sample and police may use reasonable force to enable that forensic procedure to be conducted.  Do you understand that?

53OFFENDER:  Yes, your Honour. 

54HIS HONOUR:  Thank you.  Ms Perrin, if you would stand again, please, just for a moment?  Before I complete the documentation in relation to the community correction order, has Ms Lynch had the opportunity to explain to you the conditions that are likely to be imposed in relation to this order?  Do you understand the order that I am making?

55OFFENDER:  Yeah, yeah.  Yeah, the lady downstairs explained it to me, yeah.

56HIS HONOUR:  Excellent.  You understand that in the event that you were to not comply with the order - that is, any condition of the order - or to reoffend by committing an offence punishable by imprisonment, you will be in breach of this order?

57OFFENDER:  Yep.

58HIS HONOUR:  And you can and no doubt will be brought back before me, and you can be re-sentenced in relation to the original offences.  Do you understand that?

59OFFENDER:  Plus the breach, yep.

60HIS HONOUR:  So there are significant consequences should you breach. 
Do you understand that?

61OFFENDER:  Yes, your Honour. 

62HIS HONOUR:  Yes, I have signed the community correction order. 
Any difficulties with the return date of the judicial monitoring condition?

63MS LYNCH:  Is Your Honour happy to excuse counsel from appearing and
I can advise my instructor?

64HIS HONOUR:  I will excuse counsel from appearing on that occasion, as long as there is someone here with Ms Perrin and also someone from the Crown, Ms Hamill.

65MS HAMILL:  It's my understanding that ordinarily at judicial monitoring, the Crown would not appear.  If it's Your Honour's preference that they do, I can communicate that to my instructor and that can be passed on to ‑ ‑ ‑ 

66HIS HONOUR:  Yes.  It would be my preference upon the first occasion, given the history, for someone to be here from the prosecution in the event that there are any issues that need to be dealt with.

67MS HAMILL:  Yes, Your Honour. 

68HIS HONOUR:  I would be grateful if you could pass that on.  Thank you. 

69MS HAMILL:  Yes, Your Honour. 

70HIS HONOUR:  Yes.  All right, thank you. 

71MS LYNCH:  I can indicate, Your Honour, that I'll actually - well, I hope to be out of the country.  So if there's anything that requires my attendance, it might need to be adjourned.  But my instructor's well aware of what's going on so someone can be properly briefed.

72HIS HONOUR:  Yes.  Thank you very much.  You do not mind if I, for one last time, speak to your client directly?

73MS LYNCH:  No, your Honour.

74HIS HONOUR:  Yes.  Ms Perrin, you have obviously heard what I have been saying for the last half hour or so.  I want you to understand that I am essentially giving you another chance because the offending that you engaged in was very serious.  And notwithstanding the fact that your progress has not been uniformly good over the last few weeks and months, upon consideration of the matter, I am wanting to give you an opportunity to remain in the community so that you can engage in rehabilitation and hopefully be a mother to your children.  Do you understand that?

75OFFENDER:  Yes, your Honour. 

76HIS HONOUR:  But you need to be very clear that this opportunity that is being given to you will not continue if there is further reoffending.  You must find a way to stop offending and engage properly in drug rehabilitation.  I am going to bring you back for monitoring as many times as it takes, and I can indicate to you now that if you keep engaging in criminality, the options become very, very limited.  Do you understand that?

77OFFENDER:  Yes, your Honour. 

78HIS HONOUR:  Thank you. 

79OFFENDER:  Thank you. 

80HIS HONOUR:  I thank both counsel for your assistance.  Sine die.

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