Director of Public Prosecutions v Roberts
[2023] VCC 686
•2 May 2023
| IN THE COUNTY COURT OF VICTORIA | Revised Not Restricted Suitable for Publication |
AT MELBOURNE
CRIMINAL JURISDICTION
CR 22-01933
CR 22-01934
CR 22-01935
CR 22-01936
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| JOSHUA ROBERTS |
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JUDGE: | HER HONOUR JUDGE HAWKINS |
WHERE HELD: | Melbourne |
DATE OF HEARING: | 10 March 2023 2 May 2023 |
DATE OF SENTENCE: | 2 May 2023 |
CASE MAY BE CITED AS: | DPP v Roberts |
MEDIUM NEUTRAL CITATION: | [2023] VCC 686 |
REASONS FOR SENTENCE
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Subject: Criminal Law - SENTENCING
Legislation Cited: Crimes Act 1958 (Vic) s20, s21A, s320, s23; Summary Offences Act 1966 (Vic), s23; Personal Safety Intervention Orders Act 2010 (Vic), s100(2); Bail Act 1977 (Vic), s30A(1), s30B; Sentencing Act 1991 (Vic), s5, schedule 1 clause 2(c)(iab)(i), s2A, s6C(1)(a), s6D, s6F, s18, s6AAA
Cases Cited:R v Verdins & Ors [2007] VSCA 102; Worboyes’ v The Queen [2021] VSCA 169
Sentence:Total effective sentence of 12 months’ imprisonment followed by an 18 month community corrections order
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APPEARANCES: | Counsel | Solicitors |
| For the Director of Public Prosecutions | Mr M. Weinman | Office of Public Prosecutions |
For the Accused | Ms C. Randazzo SC | Paul Vale Criminal Law |
HER HONOUR:
1Joshua Roberts, you have pleaded guilty to:
·three charges of make threat to kill, each carrying a maximum penalty of 10 years' imprisonment;[1]
[1]Crimes Act 1958 (Vic) s20 ('Crimes Act').
·one charge of stalking, which carries a maximum penalty of 10 years' imprisonment;[2]
[2] Ibid s21A.
·one charge of false imprisonment, which carries a maximum penalty of 10 years' imprisonment;[3]
·one charge of conduct endangering persons, which carries a maximum penalty of 5 years' imprisonment;[4] and
·one charge of unlawful assault, which carries a maximum penalty of 3 months' imprisonment.[5]
You have also pleaded guilty to five related summary offences comprised of:
·two charges of contravene a final personal safety intervention order, each carrying a maximum penalty of 2 years' imprisonment;[6]
·two charges of contravene conduct condition of bail, each carrying a maximum penalty of 3 months' imprisonment;[7] and
·one charge of commit indictable offence whilst on bail, which carries a maximum penalty of 3 months' imprisonment.[8]
[3] Common Law, Crimes Act s320.
[4]Crimes Act s23.
[5]Summary Offences Act 1966 (Vic) s23 ('Summary Offences Act').
[6]Personal Safety Intervention Orders Act 2010 (Vic) s100(2) ('Personal Safety Intervention Orders Act').
[7]Bail Act 1977 (Vic) s30A(1) ('Bail Act').
[8] Ibid s30B.
Circumstances of Offending
2The full circumstances of your offending, Mr Roberts, are set out in the Summary of Prosecution Opening for Plea dated 8 February 2023, the accuracy of which you accepted through your counsel.[9]
Incident One – 29 March 2021
[9] Exhibit A.
3The complainant in this incident is Catherine Chapman. On 29 March 2021, Ms Chapman was working alone at the Oroton store at Doncaster Westfield Shopping Centre.
4You entered that store twice on that day. The second time, Ms Chapman approached you and picked up a handbag for you to inspect. You grabbed both of her wrists and held them tightly, shaking them. Ms Chapman was in pain and unable to move. You apologised while you were holding her. Ms Chapman was shocked and said, 'Okay, please calm down'.[10]
[10] Statement of Catherine Chapman dated 8 February 2022, [14]-[17].
5You continued to hold Ms Chapman's right wrist with one hand and then grabbed her lower left arm, her bicep, and then her neck with your other hand. Ms Chapman was in fear and felt that she was in grave danger. She tried to move away, but you refused to let her move far or let her go.
6You did, however, let go of Ms Chapman a short time after and proceeded to walk out of the store.
7You then called Triple 0 and self-reported the incident to police.
8These are the circumstances which make up Charge 5 on the indictment of false imprisonment and the related charge of unlawful assault.
Incident Two – 9 September 2021
9The second incident occurred on 9 September 2021. Bradley Close and Nathan Nicholas live together in a house in Easey Street, Collingwood, which is the location of a notorious historical double homicide.
10On 9 September 2021, you placed a handwritten letter in the complainants' letterbox. The letter contained several threatening excerpts, including:
(a)'I am watching you. I know what happened here, and it will happen again';
(b)'I am going to kill you but don't be scared your deaths will mean something'; and
(c)'I will kill you. Don't stop bleeding'.
11You were identified by fingerprints located on the letter and by handwriting analysis. You attended an interview by appointment with police but provided a largely no comment interview.
12These are the circumstances of offending which make up Charges 2 and 3 on the indictment, both of threat to kill.
Incident Three – 27 November 2021
13Incident 3 occurred on 27 November 2021. On that day, you were driving your vehicle in the Southbank area. You parked your car and pulled out a fold-out knife from the glovebox.
14You walked down Clarendon Street towards a young woman, Ms Georgia Ackroyd. She was previously unknown to you. She noticed that you were fixated upon her and walking directly towards her. Ms Ackroyd became fearful and stopped walking.
15You pulled out the knife, held it at head height in a downward strike position and threatened Ms Ackroyd. Ms Ackroyd screamed as you lunged the knife towards her. She stumbled backwards and ran into the centre of the road towards a tram stop. You ran from the location towards City Road.
16You attended Ringwood police station that night with your father, who provided a summary to police of what you had told him had occurred in Southbank. You reported that the complainant screamed, so you panicked and blacked out, and you ‘came to’ holding a knife.
17These are the circumstances of offending which make up Charge 6 on the indictment, reckless conduct endangering person.
Incident Four – 1 January 2022 to 4 February 2022 (Charge 4)
18Incident 4 occurred between 1 January and 4 February 2022. You met the complainant, Tarli Grant, midway through 2021, and you made unsuccessful attempts to form an intimate relationship with her.
19On 4 February 2022, you attempted to call your forensic psychiatrist, Dr Rajan Darjee. You left a voicemail and commented on how angry you were with Ms Grant. You said that you could not stop thinking about the fact that she deserves pain and to suffer, and you also said you had a tool.
20Dr Darjee attempted to contact you to no avail. He contacted your father, who advised him that you were at home.
21Dr Darjee then contacted police and asked them to conduct a welfare check, which they did.
22They located you in the carport with your father.
23You told the police that you had a bad day and said some things that maybe you should not have said. You told them that you had attempted to do something but did not do it.
24You reported that you had driven to the victim's place in Ballarat, but you did not make it that far. You acknowledged that you also had a hatchet and some knives in your car that you should not have had.
25Earlier in the day, you were in your car with the hatchet and knives on the way to Ms Grant's house, but you only made it to Eastland before you turned around and came back.
26You had not threatened her directly but admitted that you might have said things to others that could be misinterpreted. You said that you never threatened to kill her but that you did want to hurt her.
27You subsequently provided police with great detail about the steps that you had taken to try and locate the home address and your plan to attack Ms Grant. You detailed the weapons you had purchased, which included an axe, and told police how you planned to carry out the attack.
28You told police one option for you was to run in with a chainsaw.
29You said that you considered using a chainsaw because of the message it would send. You referred to blockbuster movies such as John Wick and Arnold Schwarzenegger and you said that because you can get a gun, you can use a chainsaw, which you considered 'pretty bad arse'.
30You confirmed that your father had a chainsaw at home.
31You knew that your father could see your location through a GPS function on your phone, so on that occasion, you had left the phone at home to evade detection.
32You told police that on two separate occasions, you had left your phone at home and hopped in your car and that on prior occasions you had also driven towards Ms Grant's location before returning home.
33When asked about how you thought Ms Grant would feel if she knew that you were driving towards her place, you said you hoped she would be scared.
34This conduct constitutes the offence of stalking in Charge 4 on the indictment.
Incident Five – 3 August 2022 and 7 August 2022
35Incident 5 occurred between 3 and 7 August 2022. On 24 February 2022, a final personal safety intervention order protecting Ms Tarli Grant was served on you and included conditions that you could not contact or communicate with her.
36You were granted bail from the Supreme Court of Victoria on 3 March 2022 with strict conditions to comply with the personal safety intervention order.
37On 3 August of that year, you were on bail and were an involuntary patient at Upton House, Box Hill. On this day, you contacted Ms Grant through Facebook Messenger and sent her messages saying:
(a)'I'm so sorry, Tarli'; and
(b)'I never meant to scare you and would never hurt you'.
38Ms Grant replied and asked you not to contact her. You contacted Box Hill police station and self-reported your breach.
39On 7 August 2022, you again messaged Ms Grant, this time saying:
(a)'This isn't Josh, it's Jack, and I'm violent and I will kill you for your lies';
(b)'Don't lie and don't fuck with me. I'm dangerous'.
40Ms Grant replied and said:
‘Oh no I'm shaking bro look out. if your gonna threaten me make sure you don't rat yourself out. hey josh I'm sure corey would love to hear all about this, im sure he'll be thrilled with it all. take your meds n have a sleep. Mate you won't get far if you attempt to come here. [sic]’
41You apologised to Ms Grant and said that you were not doing well and you did not want to hurt her.
42Ms Grant told the police about the second breach on 7 August 2022 when they contacted her in relation to your earlier self-reported breach.
43These are the circumstances of the offending which make up Charge 1 on the indictment, threat to kill, and Summary Charges 4, 5 and 6 on the notice of related summary offending filed with the court. They also make up Summary Charges 1 and 2 on that notice of related summary charges.
Nature and Gravity of Offending
Objective Gravity – Stalking
44With respect to the charge of stalking, whilst the victim, Ms Grant, was unaware of the threats you were making against her at the time, your offending is aggravated by your extensive planning and preparatory acts, including obtaining a tool to use, a weapon, and by the multiple potential threats of gross violence against the victim.
45I concur with the prosecution submission that your offending conduct falls within the mid-range of offending of this nature.
Objective Gravity – Reckless Conduct Endangering Person
46In respect of the charge of reckless conduct endangering a person, whilst your offending was opportunistic in nature, it is aggravated because you possessed a weapon at the time.
47I accept that your offending conduct in respect of this charge falls within the mid-range for offending of this nature.
Objective Gravity – False Imprisonment
48In respect of the charge of false imprisonment, you were motivated by a misguided attraction to the victim, and you re-entered the Oroton store once the complainant was there alone, which demonstrates a level of planning.
49The false imprisonment, however, was of a short duration, and I accept that this conduct falls within the low range of offending of this nature.
Objective Gravity – Make Threat to Kill
50With respect to the charges of make threat to kill at the Easey Street address, they involved planning and premeditation informed by the method of conduct and resulted in significant fear experienced by the victims. No weapons were involved in the threat, and the offending conduct was of a limited duration, but is of particular concern given the notorious history of that particular address.
51Notwithstanding those aggravating features, I accept that that offending conduct falls within the low range for offending of this nature.
52In respect of the offence of make threat to kill where Ms Grant is the complainant, your offending is aggravated because it occured while you were subject to a personal safety intervention order. I accept however, that this offending conduct also falls within the low range of offending for offences of this nature.
Contributing Mental Health Considerations
53You counsel accepts that your offending is objectively serious but must be viewed through the lens of your complex set of mental health problems and related difficulties. She notes that each of the indictable and related summary offences are committed on one-off occasions and do not represent an ongoing course of conduct over an extended period of time. Your offending is punctuated by extended periods of non-offending. On all but one occasion, either you personally or via your father self-reported to police. This is a significant factor in sentencing that I take into account. On one occasion, both your father and your psychiatrist contacted police with regard to your stalking, and as a result, you were charged and remanded. You made full and frank admissions to police during that record of interview.
54I note that in August 2022, you were an involuntary patient at Upton House, having been hospitalised pursuant the Mental Health Act due to stress-induced psychosis.
55During that period of admission, you messaged complainant Grant via Facebook, breaching your intervention order and making those threats to kill. Again, you self-reported these breaches, which resulted in subsequent investigations and charge. I note that you made no physical contact directly with the complainant.
56As a result of these last-mentioned offences, you were arrested on 11 August 2022, and your bail was revoked, resulting in your detention in custody to date. No further bail application has been made.
57Taking into account all of those circumstances together with the reports I will go to in a moment, I conclude that your moral culpability for your offending is significantly reduced by virtue of your mental health and your self-reporting of your crimes.
Victim Impact Statements
58Victim impact statements were read to the court. Georgia Ackroyd, who you attacked randomly in the street, was profoundly affected by your offending. She has been left feeling fearful and vulnerable, unable to go about daily life without constantly looking over her shoulder. She is unable to relax and feels extremely stressed in crowds. She now suffers from anxiety, panic attacks and
post-traumatic stress which has impacted her sleep and physical and mental health.59Catherine Chapman, the victim of your shopping centre offending, feels violated and now suffers anxiety and panic attacks. She feels 'paranoid' about being followed or watched and finds it hard to relax. She feels more reserved and thinks twice about approaching people. She finds it hard to be alone in public places.
Personal Circumstances
60At the time of your offending, you were aged 25 and 26 years old, and you are now aged 26. You are the middle child of three brothers.
61You began having emotional and behavioural difficulties at an early age. Despite these challenges, you have no criminal history whatsoever and did not come to the attention of police until 2021 when you disengaged with your treating professionals at the Forensicare Problem Behaviour Program. I note that this was at a time when many health services were operating online with little face-to-face contact due to the pandemic.
62You have lived with your parents your whole life. Your father works as a business manager at a school and your mother works as a registrar at another school. Home is a safe place for you. You enjoy and maintain a positive relationship with your parents and your extended family, I am told, and they are all committed to supporting you to achieve a realistic level of well-being and function in life.
63You recently reported to Dr Fiona Best that when you were 10 years old, you were sexually assaulted by a male leader whilst on a holiday camp. I understand that your mother has arranged counselling about those issues to be available to you upon your release.
64You attended Nunawading Christian College from prep until Grade 10. You struggled academically and behaviourally at school.
65You moved to Swinburne Secondary College for Years 11 and 12. In a
non-religious and less strict school, your behaviour was less problematic, but you continued to feel socially awkward and like an outcast.66You enrolled in a criminology unit at Deakin University as a fee-paying student. You did not complete that unit and left university.
67Whilst in custody, you have been working on your Certificate in General Education for Adults, and you are considering undertaking university study in the future. I note and concur with the opinion proffered by the authors of your Corrections pre-sentence report that given your apparent fascination with violent crime, any further studies in criminology may be counterproductive to your rehabilitation.
68You have worked briefly in occupations including cleaning in a laundry and in a factory. You were on the disability support pension prior to your remand.
69You began drinking at 17 and cannabis at 18, and both soon escalated into daily consumption habits.
70You briefly attended drug and alcohol counselling in 2018 but soon disengaged.
71You have regularly attended the gym whilst on remand.
Mental health history
72Your counsel eloquently outlined your mental health history, from which I draw heavily.
73In the past, you have been diagnosed with the following disorders:
(a)obsessive-compulsive disorder;
(b)reactive mood disorder;
(c)dysthymia;
(d)social anxiety;
(e)autism spectrum disorder;
(f)attention-deficit/hyperactivity disorder;
(g)stress-induced psychosis;
(h)anxiety disorder;
(i)cannabis use and alcohol use disorder.
74Those last two are in remission in the custodial environment.
75You also exhibited significant developmental difficulties from an early age together with a non-verbal learning disorder. Related to your mental health conditions are you have experienced interpersonal and social struggles from an early age which have given rise to marked social awkwardness and anxiety.[11]
[11] Report of Dr Darjee dated 1 March 2022 at [11].
76Notably, more recently, you disclosed a childhood sexual assault for the first time. Dr Fiona Best, consultant psychiatrist,[12] opines that:
‘The negative impact of childhood trauma and sexual assault on development is well documented, and childhood sexual assault can lead to clinically significant posttraumatic stress disorder symptomology resulting in a maladaptive developmental trajectory and disordered personality development. It can lead to mental and physical health difficulties in adulthood and have a damaging effect on the victim's ability to form and maintain meaningful relationships in childhood and adulthood. There is also a relationship between childhood trauma and developing psychosis in adulthood.’
[12] Report dated 17 February 2023 at pp12-13, [3].
77In addition, Dr Best took an account from you which led her to opine that you 'may be developing a more enduring psychotic illness such as schizophrenia'.[13]
[13] Ibid at p12, [2].
78Ultimately, Dr Best concludes that you suffer from 'a number of potential mental health difficulties that combine in such a way as to present complexity in terms of making a mental health diagnosis'.[14] She highly recommends the investigation of these mental health difficulties in the form of neurodiversity testing and neuropsychological testing to best establish meaningful and achievable rehabilitation goals.[15]
[14] Ibid at p14, [7].
[15] Ibid at p13, [6].
79Dr Best also recommends that you undertake 'assertive drug counselling … [including] psychoeducational and motivational interviewing'.[16]
[16] Ibid at p13, [5].
80Finally, Dr Best agrees with the opinion of Dr Thomas, consultant forensic psychiatrist, and Dr Ahona Guha, clinical psychologist, both of Forensicare, as to your ongoing treatment in the community, and they say:
‘The therapeutic approaches provided by Forensicare may be better suited to contain risk and assist [you] to find strategies to modify [your] behaviours’.[17]
[17] Ibid at p14, [8].
81That will be very much the thrust of what I will be encouraging Corrections in the community to pursue.
Verdins Principles
82Dr Best opines:
‘It appears that when Mr Roberts is distressed, it is highly likely that his ability to think clearly and rationally and exercise good judgment is impaired secondary to a combination of factors including possible cognitive difficulties, neurodiversity, substance abuse, psychosis and mood disorder, which all combine in such a way that they have an impact on his ability to think clearly and rationally and exercise good judgment at the time of the alleged offending.’[18]
[18] Dr Best at p14, [7].
83At the age of 26, Mr Roberts, you are not technically a young offender, but you are still very much a young person. Your multiple complex mental health issues clearly attract the operation of the principles in Verdins'[19] case. These issues are inextricably linked to your offending. Accordingly, your moral culpability for your offending, as I have already outlined, ought be reduced and specific deterrence moderated. I do not think that you are an appropriate vehicle for any significant measure of general deterrence.
[19]R v Verdins & Ors [2007] VSCA 102.
84Whilst the principle of general deterrence does have some small role to play in your case, rehabilitation and community protection are the most significant sentencing principles. I do note and accept to some degree the prosecution submission that whilst rehabilitation of an offender is always a significant sentencing consideration for a court, as the seriousness of an offence increases, the weight normally attributable to rehabilitation diminishes. In essence, sentencing is a balancing exercise.
Conditions in custody
85Your senior counsel, Ms Randazzo, described the difficult time you had during your first time in prison. You were moved around and unable to access the mental health treatment you required. Subsequently, you were granted bail by the Supreme Court. After being re-remanded, you have become more stable on your medication and are doing better in that custodial environment.
86Nonetheless, Dr Best further opines that:
‘A custodial sentence may weigh more heavily on Mr Roberts because it deprives him of the opportunity to maintain meaningful therapeutic relationships with his psychologist and psychiatrist at Forensicare and his community mental health team. It also prevents him from engaging with community-based drug and alcohol counsellors’.[20]
[20] Ibid [8].
87Mr Roberts, yours is a case where your multiple mental health difficulties cannot be managed with the level of intensity recommended by your treating mental health practitioners in the custodial environment. The risk of your condition being worsened by further imprisonment enlivens the sixth limb of the Verdins principles, which I will relevantly consider as a factor tending to mitigate against further lengthy imprisonment.
88Your treatment in the community, and in particular your re-engagement with the Forensicare Problem Behaviour Program, as I have said, is a strong focus of the sentence I impose today, and Corrections will be provided with a copy of my reasons for sentence today so that they might have regard to that.
Risk of reoffending
89The extended pre-sentence report from Corrections dated 13 April 2023 assessed you as posing a low risk of general offending, but Corrections state that the tool that they administered cannot predict your risk of sex-related offending. They further note that you have been prescribed antipsychotic, antidepressant and antilibidinal medication in an effort to control your violent sexual fantasies about harming women and your fascination with serial killers. The authors suggest that the biggest factor in your risk of reoffending is a decline in your mental health and/or your poor compliance with psychotropic medication upon your release into the community.
90It is imperative that appropriate referrals are made and supports put in place so that your transition from the custodial environment to the community is a smooth one and so that you are well supported by both professionals and your family upon your release.
91In my view, your prospects of successful rehabilitation and the minimisation of any future serious reoffending, and therefore protection of the community, are linked to your strict compliance with a range of therapeutic and supervisory conditions upon your release.
92Accordingly, Mr Roberts, I will release you, after you have served the term of imprisonment I propose to impose, on a community corrections order, and that order will include conditions that you be supervised by Corrections and attend back before me on regular occasions for judicial monitoring. Now, we have had discussion this morning about the merits of electronic monitoring, and I am not going to include a condition on the community corrections order that you are required to wear an electronic monitoring device. I will, however, include a condition that requires you to carry with you at all times a fully charged mobile phone or smart device that is enabled with a GPS tracking function that allowed your parents and potentially police to monitor your location. You will also be prevented from going to Ballarat where you have previously offended.
Remorse
93I note that you have largely self-reported your offending directly or via your father to police. You have taken responsibility for your actions via your frank and extensive admissions to police.
94You have written what are described as letters of apology to your victims Chapman and Ackroyd. They were given to the informant and not to the complainants. Now, the prosecution has asked for a particular characterisation of those. I do not read those as exhibiting a particular fixation on the victims, but rather I read them as an expression of remorse for the hurt and suffering that you have caused the victims.
Plea of Guilty
95I note that you have assisted the administration of justice by your early plea of guilty, made at the first opportunity after negotiations had resolved all matters in dispute. In so doing, you avoided the need for a trial, saved witnesses the stress of giving evidence in court and avoided the use of public resources that would have otherwise been spent in conducting a trial. I take the utilitarian value of your plea of guilty into account.
96The justice system is still struggling to recover from the effects of the pandemic, and in accordance with Worboyes' case,[21] you are entitled to a more pronounced amelioration of sentence than you would at another time.
Current Sentencing Practices
[21] [2021] VSCA 169.
97In sentencing you, I must have regard to the range of matters I have discussed, including the seriousness of your offending, your culpability for it and your personal circumstances. I must balance the interests the community has in denouncing criminal conduct with the interests the community clearly has in seeking to ensure, as far as is possible, that offenders are rehabilitated and are reintegrated into society. I must impose a sentence which is proportionate to the gravity of the offence, considering the circumstances. The sentence must be no more than is necessary to satisfy those various objectives of sentencing.
98I have taken into account the relevant sentencing principles referred to in s5 of the Sentencing Act and the current sentencing practices for the offences to which you have pleaded guilty.
99The charges before the court represent the entirety of your offending. I have regard to the important principles of both totality and proportionality when considering issues of cumulation.
100Having regard to the seriousness of the circumstances of your offending conduct, Mr Roberts, I note that the prosecution submitted that a term of immediate imprisonment is warranted, with the fixing of a non-parole period.
101Defence submitted that all sentencing objectives could be achieved by the imposition, instead, of a community corrections order.
Serious Violent Offender
102 Mr Roberts, as you are pleading guilty to a Schedule 1, serious violent offence (being make threat to kill, pursuant to clause 2(c)(iab)(iv)),the provisions outlined in Part 2A of the Sentencing Act are enlivened.
103In considering whether an offender being sentenced is a serious offender, I note that the court must have regard to a conviction or convictions for a relevant offence irrespective of whether they are recorded in the current trial or hearing. Consequently, once you have been sentenced to a term of imprisonment for a first-in-time threat to kill, any subsequent convictions for making a threat to kill attract the attention of the serious violent offender provisions.
104Accordingly, pursuant to s6D, I am required to consider the protection of the community from your offending as the primary sentencing purpose and may impose a longer sentencing than would otherwise be imposed to achieve that sentencing purpose. In your case, though, I note that the prosecution do not seek such a disproportionate sentence being imposed.
105Pursuant to s6F, I note for the court record that you fall as being sentenced today as a serious offender.
Totality – Cumulation/Concurrency
106Whilst your offending in each incident is largely of a similar character, as I have already expressed, some degree of cumulation is warranted to reflect the distinct criminality involved in each offence.
107Balancing all of the relevant sentencing considerations, as I have already expressed, I am of the view that the sentencing objectives, particularly those of community protection, can be best achieved through the imposition of a term of imprisonment with release onto an appropriately supportive community corrections order.
Sentence
108Mr Roberts, I sentence you as follows:
Incident 1 – Victim Catherine Chapman at Oroton Store
109On Charge 5 (that of false imprisonment) and the related summary charge of unlawful assault, you are convicted and sentenced to and aggregate sentence of two months' imprisonment.
Incident 2 – Easey Street Threats
110On Charges 2 and 3, you are convicted and sentenced to an aggregate term of four months' imprisonment.
Incident 3 – Victim Georgia Ackroyd at Southbank
111On Charge 6 (reckless conduct endangering a person), you are convicted and sentenced to nine months' imprisonment.
Incident 4 – Victim Tarli Grant, Stalking in Ballarat
112In respect of Charge 4 where the victim is Tarli Grant, and that is a charge of stalking in Ballarat, you are convicted and sentenced to nine months' imprisonment, and that will be the base sentence.
Incident 5 – Victim Tarli Grant – Later Threat to Kill
113In respect of incident 5 where the victim is Tarli Grant, which involves the later charge of threat to kill and the related summary offences, on Charge 1 (make threat to kill), Summary Charge 1 (contravene a final personal safety intervention order), Summary Charge 2 (contravene a conduct condition of bail), Summary Charge 4 (contravene a final personal safety intervention order), Summary Charge 5 (contravene a final personal safety intervention order) and Summary Charge 6 (commit indictable offence whilst on bail), you are convicted and sentenced to an aggregate term of nine months' imprisonment.
Cumulation & Concurrency
114In terms of cumulation and concurrency, the sentence of nine months on Charge 4 is the base sentence. One month of the term imposed in respect of Charge 5, one month of the term imposed in respect of Charge 6 and one month of the term imposed in the aggregate sentence imposed in respect of Charge 1 and related summary offences are to be served cumulatively upon the base sentence; that is, the total effective sentence is 12 months' imprisonment.
Community Corrections Order
115The indictable charges are of a similar mode of offending, which require appropriate community protection. Accordingly, on indictable Charges 1, 2, 3, 4, 5 and 6, you are also convicted and sentenced to a community corrections order which will last for 18 months and will commence upon your release from custody.
116The conditions of the order are:
(a)you must not leave your home without either a charged mobile phone or smart device such as a smart watch which is enabled with an appropriate GPS tracking function such as 'find my friends', which will allow your mother and father and your corrections officer or their delegate to locate you at all times, and you must not leave the house without such a device in your possession;
(b)you will not be permitted to attend within a 10-kilometre radius of the Ballarat courthouse;
(c)you will be under the supervision of a community corrections officer for 18 months, which means that you are required to be supervised, monitored and managed as directed;
(d)you must undergo assessment and treatment for:
·alcohol abuse dependency as directed;
·drug abuse dependency as directed;
·mental health assessment and treatment as directed;
·you are required to comply with all reasonable directions of your treating medical practitioners, including taking medication as directed;
·you are required to participate in programs to reduce your risk of reoffending, and I require Corrections to consider your inclusion in the Problem Behaviour Program.
(e)you will be subject to judicial monitoring by this court, and that will mean that you will attend before me on regular occasions so that I can monitor your compliance with this community corrections order;
(f)you must not commit an offence punishable by imprisonment during this order;
(g)you must not leave Victoria without the permission of Community Corrections;
(h)you must let your community corrections officer know within two clear days if you change your address or your job;
(i)you must comply with any lawful direction given by a community corrections officer that is necessary to ensure you comply with the order; and
(j)if you contravene this order by either committing further offences or by failing to comply with the conditions, then you can be brought back before this court and fined and resentenced, and that might mean you go to gaol for further time relating to these offences.
117I understand through the pre-sentence report that you consent to being placed on that order. Is that correct, Ms Randazzo?
118MS RANDAZZO: Yes, Your Honour. That is correct.
119HER HONOUR: Thank you. I note that through your counsel, you have indicated your oral consent to this order, which I direct be entered onto the court record.
Pre-Sentence Detention
120Pursuant to s18 of the Sentencing Act, the period of 290 days of pre-sentence detention, not including today, is hereby declared as having already been served in respect of this sentence. I order that such declaration and its details be entered into the court records.
Section 6AAA Declaration
121Pursuant to s6AAA of the Sentencing Act, I indicate that had you pleaded not guilty and been found guilty after trial, I would have sentenced you to a term of three years' imprisonment with a non-parole period of two years.
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