Director of Public Prosecutions v Richardson
[2016] VCC 33
•29 January 2016
| Revised (Not) Restricted Suitable for Publication |
AT MELBOURNE
CRIMINAL JURISDICTIONCR -12-01639
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| BRADLEY RICHARDSON |
---
| JUDGE: | HIS HONOUR JUDGE MULLALY |
| WHERE HELD: | Melbourne |
| DATE OF HEARING: | |
| DATE OF SENTENCE: | 29 January 2016 |
| CASE MAY BE CITED AS: | DPP v Richardson |
| MEDIUM NEUTRAL CITATION: | [2016] VCC 33 |
REASONS FOR SENTENCE
---Subject:
Catchwords:
Legislation Cited:
Cases Cited:
Sentence:---
APPEARANCES: | Counsel | Solicitors |
| For the Director of Public Prosecutions | Mr D.Glynn | Office of Public Prosecutions |
| For the Offender | Mr J. McLoughlin | Victoria Legal Aid |
HIS HONOUR:
1What I propose to do is not give, as sometimes there would be, a very thorough set of reasons and the like. It may come at another time but I just want you to understand that having cancelled your previous residential treatment order and gone through a process to move towards what further I need to do, what I propose is to make further sentencing orders. You have been in prison since August last year, a total of 177 days.
2The psychological and pre-sentence and Disability Services report of late are more encouraging although there have been, as Mr McLoughlin has just told me, some advances and some still problems with self-harm and you really have to come to grips with that.
3As a consequence of the ongoing support of your mother, she is in a position and willing to have you live with her in Craigieburn and that is a good thing to you. You live with your cousin, who you get on with, and your brothers nearby. So this is your small group that look after you. Anyone else in the street is really - they do not care for you. They just want to exploit you. You stay around your family. If you can get a job with your brother or your cousin, well, that would be good but stay with them.
4OFFENDER: Yeah, no I will.
5HIS HONOUR: I do not want - your mother does not want you going down to where you got into strife before with the drugs. I take that into account so I am going to do something that means that you are not allowed to go there.
6OFFENDER: M'hmm.
7HIS HONOUR: If you do go there you are breaking this order and I will be none too pleased. Now you have the benefit of very dedicated disability workers. They have prepared what they call a very ambitious Justice Plan. Maybe it is but I consider it to be well thought through and appropriate for you as can be constructed. So everything that they want you to go through ‑ ‑ ‑
8OFFENDER: Yep.
9HIS HONOUR: ‑ ‑ ‑ I want you to do.
10OFFENDER: Yes.
11HIS HONOUR: I want it to happen for two reasons. I hope you can understand. So you are reformed, rehabilitated, you are back to normal in terms of trouble with the community.
12OFFENDER: Yep.
13HIS HONOUR: I want it to happen because I have got to make sure that women that are just doing what they do, catching trains and moving around the streets are safe.
14OFFENDER: Yep.
15HIS HONOUR: They are entitled to be safe. So stick with the disability workers as well. Now because of your intellectual disability I intend to incorporate the Justice Plan as part of a Community Corrections Order. I consider that the hard lifting, the hard work, will fall to the disability workers. Thus the conditions of the Community Corrections Order will endeavour to facilitate the Justice Plan. That is, make it easier for the Justice Plan to work. That is my intention.
16All of that enhances, or makes more likely, your prospects of rehabilitation and the community is best protected if you are closely monitored and in a structured program that endeavours to assist you.
17So the sentence that I impose is one that recognises that you have been in state prison for 177 days. Thus there will be a term of imprisonment of 177 days and I declare that you have served each and every day of the 177 days. That declaration that I have just made will be entered into the records of the court so that the prison authorities are left in no doubt that you have done every day of your sentence.
18In addition I impose upon you a two year Community Corrections Order. Now that length of time is significant but it is necessary to ensure that you are given as much help as you can be. Within that Community Corrections Order what I intend to have as part of it is, that pursuant to s.80 of the Sentencing Act, that you are the subject of the Justice Plan that I have spoken about. That is foremost.
19Secondly that pursuant to s.48D I do want you assessed and treated for any drug abuse and dependency, all right? So I want you to go and take up with them any assistance they can give you with drugs.
20OFFENDER: Yep.
21HIS HONOUR: I want you to be involved in any program that addresses factors that relate to your offending behaviour. That will be specialist sex offender programs. These are to run in conjunction with whatever the Disability Services thinks is best for you.
22In addition pursuant to s.48K, I want you to remain, as it were, under my watch as well. So we will have a thing that they now call judicial monitoring. Meaning you come back to see me after a period of time of settling, we will make a date soon. You come back to court and they tell me how you are going. If you are going well I might not need to see you again. I may. If you are going only average, well, I probably will want to see you again. If you are going badly, well, I want to know why. So come back to see me under this judicial monitoring. The first time you are to come back, I think, should be in about four months at least. I will make it 1 June, right. That is in the middle of the week but we will do it that way. Come at 9.30 in the morning.
23The other condition that will be as part of this is the condition to exclude you from the places where you got into trouble before. I will just get that proper section.
24MR MCLOUGHLIN: It's s.48H.
25HIS HONOUR: Pursuant to s.48H I determine to place a condition directing you that you must not enter or remain in a specified area. The area is the city of Darebin. That will be provided to you and to everyone concerned. What the city of Darebin is, everyone knows what it is. It is where people live in that area can vote for their council. So you are not allowed in that city. You can go through it on your way but you cannot remain in it. Do you follow that?
26OFFENDER: Yes I do.
27HIS HONOUR: The best way through is do not go there at all.
28OFFENDER: Yep.
29HIS HONOUR: Now I will say that excluded from that order is that you are allowed in the city of Darebin for treatment and assessment and to comply with any aspect of your Justice Plan or your Community Corrections Order. So if you have to go to somewhere in Fairfield or in Thornbury or Coburg to have treatment you can go there for that. But just for that and then go.
30OFFENDER: Yep.
31HIS HONOUR: In, out, you understand?
32OFFENDER: Yes.
33HIS HONOUR: Right. Is there anything else required?
34MR MCLOUGHLIN: Not from our point of view, Your Honour.
35HIS HONOUR: All right well let's wait and see what's printed up and then we'll have Mister - have you assessed and take it from there.
36There are other conditions that, of course, apply to all Community Corrections Orders and that relates to attending at the Office of Corrections and so on. We will get to those.
37OFFENDER: Your Honour, do I have to report to the Sex Register.
38HIS HONOUR: Yes. That is a good question. I think he does, does he not? Actually I am not sure that it does. Did I make an order under the ‑ ‑ ‑
39MR GLYNN: Yes, Your Honour.
40HIS HONOUR: ‑ ‑ ‑ in the sentencing?
41MR GLYNN: Sex Offender's Registration - I can't recall if - can I just ‑ ‑ ‑
42OFFENDER: You made it for eight years.
43HIS HONOUR: Yes. Have you done that already?
44OFFENDER: No.
45HIS HONOUR: When you were at DFATS?
46OFFENDER: Ah, when I was at DFATS I did but I haven't done that while I've been ‑ ‑ ‑
47HIS HONOUR: In gaol.
48OFFENDER: ‑ ‑ ‑ in gaol, yeah.
49HIS HONOUR: Yes.
50MR GLYNN: He will have to ‑ ‑ ‑
51HIS HONOUR: You will have to reconnect with the appropriate police. Probably in Craigieburn or somewhere up there. But you are registered, as I follow it and the requirements upon you are to tell them where you live. So you have got to make clear to them now you are living with your mother in Craigieburn. So that is an important thing that has to happen straightaway. Go down to the police station and take all your bits of paper and point out that you have now moved and you need a new person to look after you because you are just out of gaol, right?
52OFFENDER: Yep.
53HIS HONOUR: Next, you need to keep them informed of things. They want to know who is living at the house and you have got to tell them if you get a job. I do not know if you go on the internet or anything, you have got to tell them about all that. Mobile phones, if you ever get them, you have got to tell them about that. There is a whole list of things, I have not listed them all but you have just got to go through all of them.
54OFFENDER: Yep. They gave me a list I've got to go through anyway.
55HIS HONOUR: I think the Disability Services people might help you there a bit. Would you do that, as a rule?
56VOICE (from body of court): Yes, Your Honour.
57HIS HONOUR: Yes. What's the position to the prisoner? He has to go downstairs and get his - be cleared out or something?
58MR MCLOUGHLIN: He'll have to get clearance from ‑ ‑ ‑
59HIS HONOUR: Central records.
60MR MCLOUGHLIN: ‑ ‑ ‑ central records.
61HIS HONOUR: All right.
62MR MCLOUGHLIN: We will go downstairs and ‑ ‑ ‑
63HIS HONOUR: Take him through that, all right.
64MR MCLOUGHLIN: ‑ ‑ ‑ take him through that but that can take an hour or two.
65HIS HONOUR: Yes, I understand. All right, well his mother's here ‑ ‑ ‑
66MR MCLOUGHLIN: Yes.
67HIS HONOUR: ‑ ‑ ‑ and she can get him home, can't she?
68MR MCLOUGHLIN: Yes, Your Honour, yes.
69HIS HONOUR: All right. Mr Richardson, these are the things that everyone is on, a Community Corrections Order.
70OFFENDER: Yes.
71HIS HONOUR: It applies to them. So you must not commit an offence for which you could be imprisoned during the time that this order is in force. Now that can be any offence, shoplifting, that you would not necessarily go to gaol for it but you can. So it is punishable by imprisonment. So if you do something like that or any other offence that you could be imprisoned for, you will break the order and you will have to come back before me. Right.
72You must comply with any obligations under the sentencing regulations. They will probably take your photograph so they know who you are and that. So comply with that. You must report to, and receive, visits from the Office of Corrections. You have got to go to the Community Corrections Centre in Broadmeadows. That is in Dimboola Road, Broadmeadows, within two clear working days. So make sure you get there at least by Monday or Tuesday.
73You must let the Community Corrections officer know within two clear working days if you change your address or your job. Well I don't want you to change your address but you might get a job. Tell them about. Do not leave Victoria without getting permission to do so and obey all their lawful instructions and directions.
74Now that applies to everyone and what applies to you is, you must undergo assessment and treatment for drug abuse and dependency as they ask you to. You must participate in programs that address factors relating to your offending as they ask you to. You must not enter or remain in the city of Darebin as per the attached map except when you are going for treatment, assessment in relation to the Justice Plan.
75You must attend for review here on 1 June 2016, 9.30, for review before me. You must participate in the services that are specified in the Justice Plan that is being put together for two years. Do you understand all that?
76OFFENDER: Yes, Your Honour.
77HIS HONOUR: Right, if you sign that and that will bring the matter to an end. Can that be handed to Mr McLoughlin. All right, we are going to print another one. Thank you, I have signed that. If there is nothing further. Again I am grateful to counsel and Ms Carey, at the Department of Health and Human Services and in particular the Intellectual Disabilities folk for assisting in this difficult matter.
78MR MCLOUGHLIN: As Your Honour pleases.
79HIS HONOUR: See you on 1 June, Mr Richardson.
80OFFENDER: Yes thank you.
81HIS HONOUR: Thank you.
‑ ‑ ‑
0
0
0