Director of Public Prosecutions v Poljakovic
[2023] VCC 1046
•15 June 2023
| IN THE COUNTY COURT OF VICTORIA AT Melbourne CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
Case No. CR-22-02174
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| JELICA POLJAKOVIC |
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JUDGE: | Her Honour Judge Ellis | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 8 June 2023 | |
DATE OF SENTENCE: | 15 June 2023 | |
CASE MAY BE CITED AS: | DPP v Poljakovic | |
MEDIUM NEUTRAL CITATION: | [2023] VCC 1046 | |
REASONS FOR SENTENCE
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Subject:CRIMINAL LAW
Catchwords: two charges of possession of precursor chemicals - plea of guilty - no prior criminal history - good prospects of rehabilitation – remorse
Legislation Cited: Drugs, Poisons and Controlled Substances Act 1981 (Vic); Sentencing Act 1991 (Vic)
Cases Cited:Worboyes v The Queen [2021] VSCA 169; R v Verdins [2007] VSCA 102; 16 VR 240; Boulton v The Queen [2014] VSCA 342; 46 VR 308
Sentence: 12 month community correction order
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Mr S. Profitt | Office of Public Prosecutions |
| For the Accused | Dr G. Boas | Theo Magazis & Associates |
HER HONOUR:
1Jelica Poljakovic, you have pleaded guilty to 2 charges of possession of precursor chemicals contrary to s71D of the Drugs, Poisons And Controlled Substances Act1981 (Vic), which carries a maximum penalty of 5 years imprisonment (level 6) or 600 penalty units.
2Charge 2 is a rolled up charge comprising a variety of precursor chemicals.
Circumstances of Offending
3The circumstances of your offending were set out in a Prosecution Opening Upon Plea (Exhibit A). These charges arise from a Victoria Police Major Drug Squad investigation into the manufacture, distribution and trafficking of drugs of dependence by you and your partner, Eleftharios 'Terry' Katsonis.
4You and Mr Katsonis had been in a relationship for approximately 15 years and resided together in Walton Close, Craigieburn. At the time of the offending, you were 55 years and had turned 56 by the time of Charge 2.
5During the course of the investigation, lawfully intercepted information was obtained indicating the involvement of you and Mr Katsonis in relation to the possession of precursor chemicals.
6On 5 January 2022 you and Mr Katsonis had a conversation inside a black Holden registered to Mr Katsonis' mother which was intercepted by police. In that conversation, Mr Katsonis told you the following:
(i) the 'Boss' had organised and was facilitating a task for him to attend
a location on Friday to drop off an unknown commodity or to collect
an unknown commodity;
(ii) he had not been given the exact location of where to go and that he
was only aware that it was nearby;
(iii) those who may collect what he dropped off may be 'the same dudes
that TATA caught up with when he was doing the drop';
(iv) he said the 'Boss' believes 'TATA' was hot and law enforcement were
watching him.
7Mr Katsonis also discussed anti-surveillance techniques en route to any location provided by the 'Boss' and that these would include:
- pulling over and stopping on the freeway for five minutes;
- taking turns unexpectedly; and
- conducting multiple U-turns and unscheduled stops.
8He also said if he felt he was being followed or a car pulled up behind him, he would drive straight home; and said TATA 'should have used a car other than his own'.
9During the conversation you responded to Mr Katsonis about doing the 'drop' in two or three 'goes'; and being scared at the prospect of 'coppers' being involved.
10The following day police observed you drive Mr Katsonis to Lion Car Rentals in Somerton where he leased a vehicle, being a 2003 white Toyota Corolla sedan.
11On 9 January 2022 a further conversation was intercepted within the black Holden, in which Mr Katsonis told you that a male associate was arrested in Ballarat for 'cooking' and having 'all the chemicals'. He again discussed conducting anti‑surveillance techniques; and also referred to Bendigo being a different road trip, involving ilforstone, ephedrine and pseudoephedrine.
12You responded that you were surprised that he had not been 'ratted' out yet and you discussed Mr Katsonis storing and transporting an item for other people and the two of you putting the item somewhere.
13On 19 January 2022, during a further conversation between you and Mr Katsonis intercepted within the black Holden:
(a) The two of you discussed digging and burying an item;
(b) You asked if it could be done in one go, saying you could wait around the corner somewhere in the car waiting for Mr Katsonis while he did the digging;
(c) You suggested that Mr Katsonis take a metal detector with him as
a form of cover;
(d)Mr Katsonis suggested he would go to the location first and dig, then return later with the item in case he was caught by the cops and they searched the car;
(e) Mr Katsonis stated if he were to be caught by the police with the item then he would be 'fucked'; and
(f) Mr Katsonis described the location as having a couple of creek beds, on
the highway and the item being stuck under a bridge or under water.
14At this time, the black Holden travelled along the Hume Freeway northbound near the Craigieburn Road East exit. It stopped for three minutes in the vicinity of 715 Craigieburn Road East, Craigieburn (Craigieburn Road East location) where Mr Katsonis left the vehicle for a short period.
15Upon his return, he said there were drains covered by grass which was great, and that he would stick it in the drain sideways but he would have to check the bottles one more time. He spoke about wanting you to drop him off at the gate as he did not want to be 'carrying 20 kg… It will be heavy'.
16Police later attended this area and located an empty plastic carboy hidden in a drain.
17Further conversations were monitored between the two of you on 20 January 2022 in which:
(a) you and Mr Katsonis discussed burying two barrels, how best to do it and there being at risk;
(b) you told Mr Katsonis not to carry a barrel until a location was found, and that looking around the area was not illegal; and
(c) while driving southbound on the Hume Freeway, Mr Katsonis pointed out the location of a creek near the Merri Creek overpass.
18The following day, further conversations were intercepted within the black Holden and captured:
(a) Mr Katsonis discussing twenty litre tubs, ingredients, and making money with others;
(b) Mr Katsonis mentioning something smelling like sassafras oil and having twenty litres of it;
(c) Mr Katsonis mentioning only using a rental car when going past the location and taking a video;
(d) Mr Katsonis mentioning draining the 'other two into one', putting the oil into two containers, and it having no prints on it, no hazards, and no stickers; and
(e) Mr Katsonis needing to get a new SIM on his 'dodge phone'.
19During this conversation, the black Holden travelled to and parked at the Craigieburn Road East location where Mr Katsonis left the vehicle. Upon his return, the two of you had a discussion about a video of the drop location and also about another road user who had pulled over to use his phone, being a potential undercover police officer.
20On 24 January 2022, a blue Toyota Yaris sedan (a rental car) was observed travelling from Walton Close to the Merri Creek location arriving at 5:30 pm, where it remained for 23 minutes before returning to Walton Close.
21The following morning at 6:17 am, the blue Toyota travelled again from Walton Close to the Merri Creek location where it remained for three minutes before driving away and returning briefly before travelling back to Walton Close.
22It is the prosecution case that sometime between 23 and 25 January 2022, your partner attended the Merri Creek location and buried two plastic carboys containing safrole.
23On 29 January 2022 you and Mr Katsonis left your home in the black Holden and drove to the Merri Creek location where you remained parked in the emergency lane of the Hume Freeway for five minutes. Mr Katsonis left the vehicle, while you remained inside. He walked down the bank towards the creek bed. He later discussed with you how good a hiding spot it was and how it was full of water. You asked the exact location it was buried and asked him to take a photo of it. Mr Katsonis stated that he would have to put a marker or stake there like the council do for revegetation; and he referred to giving someone the GPS location.
24Two days later on 31 January 2022, at 6:44 am, the two of you travelled again in the black Holden to Merri Creek, during which the following conversation was captured:
(a) Mr Katsonis told you they would have to make it look like a break down;
(b) you told him to put the tools on the ground and slide them over, and wait for the cars to go past;
(c) Mr Katsonis agreed, stating it was how he did it last time instead of
carrying them over; and
(d) you mentioned the last time they parked 'there'.
25Mr Katsonis exited the vehicle and returned to the Merri Creek location, and you drove away. Upon returning Mr Katsonis said 'I covered it… rocks and I filled it in with soil. Even if it does fucken happen again the rocks will hold it and it won’t travel as far'.
26At 11:15 that day police attended and searched the Merri Creek location where they located a wooden stake and a pile of rocks as described by Mr Katsonis. Upon digging into the creek bed, police discovered two 20 litre plastic carboys approximately 30 cm below the surface and wrapped in black plastic garbage bags.
27Both carboys contained a dark brown liquid which was found to contain a total of 38.5 kilograms of safrole – 18.8 kilograms in the first and 19.9 kilograms in the second (Charge 1).
28Safrole is a precursor chemical and was seized in a quantity in excess of the prescribed amount of 10 grams, pursuant to schedule 1 of the Drugs Poisons And Controlled Substances (Precursor Supply) Regulations 2010 (Regulations).
29On 8 February 2022 police executed search warrants at your home address where both you and Mr Katsonis were arrested. Using a key kept on a keychain belonging to you, police opened a rear shed which was shut and secured with a padlock. Inside the shed, police located and seized:
(a) 1.073 kilograms of safrole;
(b) 31 grams of isosafrole;
(c) 1.068 kilograms of methylamine;
(d) 29.9 grams of palladium;
(e) 181.7 grams of mercuric chloride;
(f) 11.744 kilograms of ammonia;
(g) 4.269 kilograms of nitromethane; and
(h) 75.258 kilograms of phylanine.
30Each of these are precursor chemicals and were seized in quantities in excess of the prescribed amount pursuant to schedule 1 of the Regulations.
31You and your partner were arrested and charged on the same day. You were bailed on 9 February 2022 to appear at the committal mention. On 4 October 2022, the matter resolved to the present charges. A subsequent application for summary jurisdiction was refused.
32You have not spent any time in custody for this offending. Mr Katsonis has a plea hearing listed for later this year.
Prior Criminal History
33You have no prior criminal history. You have no subsequent or outstanding matters.
Personal Circumstances
34Your personal circumstances were set out in comprehensive written submissions and articulated further by your counsel, Dr Boas, at the plea hearing. You were born in February 1966 in Croatia and you are now aged 57. You have three sisters and one brother.
35At the age of 4, you and your family migrated to Australia. Your family first moved to Whyalla, South Australia. Your father was employed by BHP and other mining companies, for approximately four years. Your family then moved to Melbourne and settled in Meadow Heights. Your father obtained factory or process work.
36You attended a local primary school in Whyalla and then attended Bethal Primary School in Meadow Heights followed by Erinbank Secondary College. You reportedly fared well at school. You were sociable and had friends. You did not experience any significant difficulties at school and you remained out of trouble. Your favourite subjects were mathematics and history.
37You left school at the end of Year 10 and then completed vocational courses, including a Certificate IV in Office Administration and a two-year TAFE diploma in management. Prior to leaving school you worked casually as a retail assistant at Westco Jeans Outlet which you continued after leaving school. You ultimately worked at Westco for a period of twelve years and you were eventually promoted to management roles.
38You enjoyed a positive relationship with your mother during your childhood and throughout your adult life. Your mother was also employed as a factory or process worker. Your relationship with your father was more difficult. You have described your father as a hard man, who was emotionally distant. He was reportedly strict when disciplining you. Your father was routinely verbally abusive towards your mother, which had a significant effect on you and your siblings. You reported to psychologist Ian Mackinnon that your father's abuse towards your mother affected you and your siblings, but that she always went back to your father. Your father reportedly has always been critical of you and your sisters but treated your brother like 'royalty'. Although your father provided for you financially growing up, you never had any luxuries and as an adult, he has never been interested in your life or your career.
39You began a relationship with your former husband when you were aged 18. You married when you were 21 and you share two daughters now aged 31 and 28. While your children were young, you worked part-time in a number of retail positions including at Kmart, RM Williams and Nestle. Your husband was frequently verbally and emotionally abusive to you. He would routinely put you down in front of your daughters. Throughout your relationship with your former husband, you suffered from anxiety, which presented through anxiety or panic attacks and heart palpitations. Your anxiety resulted in an ambulance being called on a number of occasions.
40You separated from your husband when your eldest daughter was 14. You left him after an episode when he was verbally and emotionally abusive towards your daughters. After your separation, you lived with your sister for a period of several years.
41You commenced working at The Good Guys in the Small Appliance Management team, a position you held for a period of six years. You then began working at Coles in a management position. You later returned to working at The Good Guys, after being asked to lead a team in the Commercial Sales division. You oversaw a team of 13-16 people and developed various programs and structures. After six years and during a period where the company was restructuring, you resigned from the position.
42In 2017, you purchased a franchise in a mobile dog washing business. You purchased and operated your own trailer and successfully grew the business, in a short period of time. You would generally groom approximately 8-10 dogs each day. You subsequently developed Carpal Tunnel as a result of setting up and pulling down the trailer for each client. In 2021, as a consequence of your Carpal Tunnel, you ended your franchise lease agreement and sold your work trailer.
43You have since established a static dog washing and grooming business, which you started just prior to your engagement in this offending. You operate this business from your home and it is purportedly running successfully.
44You are currently in a relationship with Mr Katsonis, a co-accused in this matter. Mr Katsonis has reportedly been a kind and caring partner towards you. It is ultimately through this relationship that you became involved in this offending. You remained in a relationship with Mr Katsonis and reportedly you intend to stand by him. You and Mr Katsonis reside together in Craigieburn.
45You continue to enjoy a close relationship with both your daughters. Sadly, your mother passed away in 2017. Given your close relationship, your mother's death was undoubtedly devastating for you. Your father remains living in Meadow Heights and suffers a number of health complications. You regularly attend at his home to assist him with his daily living needs.
46In the many references tendered on your behalf, you are described as a kind and empathetic person, who possesses a strong work ethic. You are said to be an honest and reliable individual. You are described as a family oriented person, who frequently spends time with your daughters and your elderly father. This offending is described as being out of character, and your involvement in these offences came as a shock to your family and friends.
47Your daughter, Tiffany, describes your compassionate nature, noting that you have been a strong and supportive presence throughout her life. She notes that you have demonstrated passion and commitment for your work, and this has been instilled into your daughters. It is very clear from each of the references that have been tendered in support of you, that you are a loving and much-loved mother and well respected friend.
Mental Health
48A psychological report prepared by Ian Mackinnon was tendered on your plea. Mr Mackinnon conducted a psychological assessment of you. At the time, he diagnosed you as suffering with symptoms that meet the clinical criteria for Mixed Depressive and Anxiety Disorder. At that stage it was considered at a moderate level with both depression and anxiety being evinced at significant levels.
49Mr Mackinnon considers that the reported abusive relationships that you had with your father and your former husband, the death of your mother and your current legal predicament and associated difficulties have all been contributing factors to your Mixed Depressive and Anxiety Disorder. Mr Mackinnon considers that your offending here was an extreme and unprecedented aberration in your personal history. I agree that this seems to be so. In Mr Mackinnon's opinion your Mixed Depressive and Anxiety Disorder is likely to have made some contribution to your offending by degrading your ability to reason and make sound judgement, raising your anxiety levels, lowering your ability to appreciate the likely consequence of your actions and diminishing your ability to maintain awareness of normal adult and community standards. In his view, in an anxious and fearful state you were a reluctant party to the offending.
50Your counsel submits that in light of Mr Mackinnon's opinions, your psychiatric condition contributed to your participation in the offending and that his diagnosis provides a connection between your mental impairment functioning and your moral culpability, which affects the need for general and specific deterrence. The prosecution does not accept that your mental impairment enlivens the consideration in R v Verdins.[1] Mr Profitt for the prosecution points out that you had no prior diagnosis or evidence of a mental health issue. Furthermore, Mr Mackinnon opines that one of the contributing factors to the diagnosis is likely to be your current legal predicament and the prosecution submits there is no prior evidence of mental impairment. The prosecution submits that the court should be cautious before concluding that your anxiety was present at the time of the offending or that it was heightened to a degree that would reduce your moral culpability.
[1] [2007] VSCA 102; 16 VR 240.
51I accept Mr Mackinnon's opinion that you are suffering from Mixed Depressive and Anxiety Disorder and that one of the contributing factors to this disorder is your history of abusive relationships with both your father and your former partner. Whilst I accept that there is no direct evidence that you were experiencing anxiety or that you were mentally impaired in the short period prior to the offending, in light of your reports of your earlier anxiety, to the extent that you would have panic attacks requiring the attendance of an ambulance, it seems that you did have an underlying and untreated form of anxiety disorder. To that end I take this into account when assessing your moral culpability, and I accept that this is relevant when assessing the need for general and specific deterrence. However, it is a question of weight and I give it some limited weight. I also take this into account in a general sense.
Nature and Gravity of Offending
52The chemicals of which you were in possession are prohibited for a reason. They have the potential to be misused in the manufacture of illicit substances. For this reason, possession of these substances in quantities such as these, is to be discouraged. Others who might be inclined to engage in similar activity must be deterred from doing so, even when the role played by them is towards the lower end. This was a considerable quantity - over 38 kilograms of safrole; well over the prescribed 10 grams. The prosecution concedes that you did not know the amount of the Safrole but knew that there was a quantity to be buried, and I sentence you on this basis.
53The prosecution submits that your role in this offending was more than minor, that you were a knowing and active participant with respect to the dropping of the two carboys of safrole. It is submitted that you made suggestions as to how Mr Katsonis could conduct the drop off including among other things, suggesting he carry it out in 2 or 3 trips, and that he take a metal detector as a form of cover. Further, Mr Profitt submits that you knew that the safrole was being dropped off, not merely to get rid of it but to ensure its collection by an associate. That it was to be collected by somebody was discussed on 5 January 2022. However, the prosecution concedes that your involvement was confined to assisting with the drop off.
54I consider that although your role was relatively confined, you were not entirely passive in this offending, as is illustrated by your active suggestions as to how it could be carried out, and the way in which this could be done without raising suspicions. This is not inconsistent with the account that you gave to Mr Mackinnon that you wanted your partner to get rid of the chemicals, to get them out of the house because you did not want anything to do with it. It is unclear however why you travelled with Mr Katsonis to the site where the carboys were buried, for instance on 29 and 31 January 2022, which suggests a degree of interest in the removal of the items from your home, something that Mr Katsonis could surely have carried out on his own. You have indicated that in hindsight you should have insisted that Mr Katsonis dispose of the chemicals by tipping them out. This shows a degree of insight into the seriousness of the offending.
55Insofar as the items that were found within your premises are concerned, there were a variety of chemicals found in the shed. Although the key to the shed was obtained from your keyring, the prosecution do not submit you had any real role with respect to the possession of these items, other than by virtue of deemed possession. It is not said that you ever touched or physically dealt with any of those items and I take this into account. Accordingly, your plea of guilty to this charge indicates a willingness to accept responsibility for the fact that they were found on your property.
Plea of Guilty
56Ms Poljakovic, your plea was entered at an early opportunity. I take your plea, and the timing of the plea into account. Your plea is of significant utilitarian value. You have spared the community the significant expense of a trial and further, your plea demonstrates a willingness to facilitate the course of justice. It is also evidence of remorse. I consider it to be a plea at the earliest opportunity.
57Your plea of guilty has an additional value, given that it was entered during the COVID-19 pandemic, where the court has a substantial backlog of trials resulting from the suspension of jury trials during 2020 and 2021. Accordingly, as the
Court of Appeal articulated in Worboyes v The Queen,[2] your guilty plea is worthy of greater weight in mitigation than a similar plea entered at a time when the community and courts are not afflicted by the pandemic's effects. Your plea of guilty should result in a perceptible amelioration of sentence. You are entitled to a substantial discount in sentence both for your plea of guilty itself; and taking into account that this plea has occurred during the pandemic.[2] [2021] VSCA 169.
58I accept that there has been a period of delay between this offending and your sentence. You indicated an intention to plead guilty as early as July last year, even before the police had finished analysing the relevant precursors. I accept that none of the delay is attributable to you. The result is that you have had these proceedings, and the uncertainty of the outcome, hanging over your head for the past 16 months or so, during which time you have continued to work and remain out of any trouble.
Prospects of Rehabilitation
59Ms Divitcos from Corrections, who assessed you for suitability for a community correction order, considers that you are at a low risk of general re-offending.
60You have openly discussed your offending with your family and have accepted responsibility for your conduct. You have expressed your genuine remorse for this offending and that bodes well for your prospects of rehabilitation. Mr Mackinnon notes that you have displayed genuine distress, and that you are ashamed of your involvement. He opined that you appeared to be quite overcome with guilt and remorse over these offences.
61Given that you come before the courts as a 57-year-old woman, with no prior criminal appearances, a strong work history for over 42 years (since you were 15), and that you have the support of your family, I consider that you have excellent prospects of rehabilitation.
Relevant Sentencing Factors
62I have regard to the basic purposes for which a court may impose a sentence which here include both general and specific deterrence, just punishment, denunciation and rehabilitation. I take into account, as I am required to do, pursuant to the Sentencing Act 1991 (Vic), various factors when formulating an appropriate sentence in your case including the seriousness of the offending, your culpability, and your personal circumstances.
63In determining the appropriate sentence I pass must balance the interests of the community in denouncing criminal conduct with the community's interests in seeking to ensure that, as far as possible, offenders can be rehabilitated. I also have regard to principles of parsimony.
64Your counsel submits that having regard to the various factors in mitigation including your age, good character and the role you played in this offending, that the offending does not call for a term of imprisonment. Dr Boas submits that whilst a CCO would be open to the court, the appropriate sentencing principles can be addressed by the imposition of a financial penalty. It is submitted that there is no therapeutic rehabilitative benefit to be gained from such a sentence given that, according to Mr Mackinnon, you do not require rehabilitative treatment. Dr Boas now notes the contents of a further report prepared by Gregory Lane and I will turn to that in a moment.
65The prosecution submits that having regard to the seriousness of the offending, that a term of imprisonment is warranted, but that it would be open to the court to combine a custodial sentence with a community correction order.
66I have had you assessed for your suitability for a community correction order and unsurprisingly, you have been found suitable. A Mental Health and Response Service Assessment was conducted by registered nurse Gregory Lane. He was provided with Mr Mackinnon's report and noted that you had reported that you had engaged with a counsellor engaged as part of the mental health plan by your GP, but that this was unhelpful. Mr Lane notes that you had reported a history during your childhood and teenage years of experiencing Obsessive Compulsive Disorder (OCD) type thoughts and performing ritualistic, repetitive actions secondary to anxiety and stressors in the family home. You identified that you could benefit from psychological counselling due to unresolved emotional issues and you have been encouraged by your partner and daughter to participate in psychological counselling. Accordingly, it is recommended that ongoing assessment or treatment of your mental health be made a condition of a community correction order.
67You are reportedly capable of doing unpaid community work. It is expected that you may need to assist with your husband's business running a laundromat if he were to ultimately receive a custodial sentence later in the year when he is sentenced
Conclusion
68The law says that a court must always regard imprisonment as a disposition of last resort. Having regard to what the Court of Appeal stated in Boulton v The Queen,[3] the court may consider that, even in cases of serious offences, that a community correction order is a punitive disposition which is capable of addressing all relevant sentencing considerations.
[3] [2014] VSCA 342; 46 VR 308.
69In my view a community correction order would adequately address each of the relevant sentencing matters. Accordingly, I have formed the view that a term of imprisonment is not the only sentence that would adequately reflect the gravity of the offending whilst giving effect to each of the sentencing objectives that I am required to have regard to. A custodial sentence is not necessary for the purposes of deterrence or to denounce your conduct. I have had regard to your age, lack of prior criminal history, long history of employment, your supports, your early plea of guilty and your strong prospects of rehabilitation in reaching this conclusion. Having regard to the principles of parsimony and the need to impose a sentence that is just in all the circumstances, a non‑custodial disposition is appropriate.
70As to the submission that a fine is within range, I have given this some thought. Ultimately, I have taken the view that given that a CCO offers both a punitive and therapeutic component, that this would be more appropriate than a fine. A community correction order would give you the opportunity to give back to the community by way of unpaid community work, whilst simultaneously allowing you to receive mental health treatment by way of counselling. By way of incentive, I propose allowing a certain number of hours of rehabilitation to count towards the unpaid community work. I have taken into account that you are self‑employed and need to work to run your own business. Ms Poljakovic, I now turn to the sentence, would you please stand.
71On Charges 1 and 2, you are convicted and placed on a community correction order for a period of 12 months. There will be a number of conditions attached to the community correction order.
72You must perform 100 hours of unpaid community work over 12 months.
73You must undergo treatment and rehabilitation with respect to your mental health.
74I am going to allow that 100 hours of treatment and rehabilitation can be counted as hours for the purposes of the unpaid community work condition. What that means is that you can do the unpaid community work, or you can use the hours spent on rehabilitation and put that towards the community work component, all right.
75OFFENDER: Thank you, Your Honour.
76HER HONOUR: There are a number of core conditions that also attach to a community correction order, which I will now go through.
·You must not commit any other offence that is punishable by imprisonment during the 12 month period.
·You must comply with any and all obligations and requirements of Corrections.
·You must report to and receive visits from Corrections.
·You must report to the nearest Community Correction Centre, which I believe is in Coolaroo, within two clear working days from today.
·You must let a Community Correction Officer know within two working days of a change of address of job.
·You must not leave Victoria without first getting permission.
·You must obey all lawful instructions from Corrections.
77You are going to be asked in a moment to sign a document indicating that you understand the conditions that I have just read out, and that you agree to abide by that. So that will happen in a moment. Now I need to let you know, Ms Poljakovic, that if you were to breach any conditions of the order, if you were not to do the community work or engage in the rehabilitation component, for example; or if you were to commit a further offence, which as I have said I consider to be unlikely, then what would happen is it is likely that you would be brought back before me in relation to a breach of the community correction order and I may need to re‑sentence you for this offending. All right, do you understand that?
78OFFENDER: I understand, Your Honour.
Section 6AAA
79I indicate now that but for your plea of guilty, I would have sentenced you to a term of imprisonment for a period of 6 months combined with a community correction order for a period of 12 months. So, because you have pleaded guilty I am not sentencing you to a term of imprisonment.
80I note that there is no longer an application for disposal and forfeiture.
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