Director of Public Prosecutions v Rodden

[2017] VCC 1213

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR 15-00543

DIRECTOR OF PUBLIC PROSECUTIONS

v

SHYLAH RODDEN

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JUDGE:	HER HONOUR JUDGE CANNON
WHERE HELD:	Melbourne
DATE OF HEARING:	18 August 2017
DATE OF SENTENCE:	25 August 2017
CASE MAY BE CITED AS:	DPP v Rodden
MEDIUM NEUTRAL CITATION:	[2017] VCC 1213

REASONS FOR SENTENCE
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Subject:  CRIMINAL LAW

Catchwords:  Contravention CCO – Contravention proven – No order made in relation to Contravention charge

Sentence:CCO cancelled and re-sentenced on original charges to new CCO of 2 years’ duration with mandatory and additional conditions including a RAPIDS assessment

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms F. Furletti	Solicitor for Public Prosecutions
For the Accused	Mr A. Patton	Valos Black

HER HONOUR:

1Shylah Rodden, you have admitted to breaching a community corrections order imposed by His Honour Judge Maidment, a judge formally of this court.  The order was imposed on 19 April 2016 in respect of a charge of robbery and possession of a cartridge ammunition without a licence.  You were very fortunate to receive this sentence as your offending was serious. 

2A community corrections order was for a period of two years and you were ordered to undergo 150 hours unpaid community work, supervision, treatment for drug abuse or dependency and offending behaviour programs.

3You were warned by His Honour as to what might well occur if you breached that order.  You agreed to undergo that order knowing what could happen if you breached it.  However you only attended the induction program with Community Corrections before you commenced to breach the order some two weeks after it was imposed in terms of non-compliance.

4You continued to breach the order by non-compliance and to make matters worse you committed further offences, the commission dates being between
24 April 2016 and 1 November 2016 as I understand it.

5So that means that you committed the first of these further offences five days after agreeing to behave yourself on the community corrections order.

6The further offences were dealt with in the Melbourne Magistrates' Court on
10 April 2017.  You were convicted of these offences and sentenced to a Total Effective Sentence of 159 days’ imprisonment and 23 days’ pre-sentence detention was declared as already having been served.

7In such circumstances, I must say that you should probably serve a term of imprisonment for breaching a community corrections order in such spectacular fashion and the community corrections order ought be cancelled with you being re-sentenced to a term of imprisonment in respect of the original offences that were before His Honour Judge Maidment and which are now effectively before me.

8However I have heard that since being in gaol, you have started to turn things around and have hopefully come to the realisation that drugs and a criminal lifestyle is not attractive.

9You have done extremely well whilst in gaol, with various programs that you have undertaken, especially in respect of drug addiction.

10As you would know, it is still very early days though and you must keep going, as you have indicated through your counsel you would.  If gambling is still a problem you must discuss this with Community Corrections too so that they can help this with you.  To that end, one of the conditions which I will impose will focus on that area.

11I factored in that there has been some delay in respect of these proceedings although this has worked to your advantage in one respect as you have shown an ability to rehabilitate.  You are very well loved and supported by your family.  These are the people who really care about you, not so called friends who have introduced you to drugs and criminal offending.

12When you are released from gaol it is going to be a very challenging time.  You will be tempted to celebrate by getting back into drugs and you may well go through a withdrawal process all over again to make things even harder.  But you must put into place all the strategies that you have learned and obey all of the conditions of the community corrections order that I am about to announce.

13If you do not comply, you will almost be certainly returning to gaol?  Do you understand?

14OFFENDER:  Yes.

15HER HONOUR:  Would you please stand up.  You are convicted of the offence of breaching a community corrections order imposed by His Honour Judge Maidment.  In all the circumstances I find the breach proven but make no order in respect of this breaching offence.

16I propose to cancel the community corrections order imposed by His Honour Judge Maidment and to impose a new community corrections order in respect of the offences for which he originally sentenced you.

17However as you would know, I cannot impose the order unless you agree to the terms and conditions of it.  So please listen carefully to the order that I propose.

18The order will run for two years and is to commence immediately after your release from gaol.

19The mandatory terms that apply to all community corrections order and which will apply to yours are:

20That you must not commit another offence for which you could be imprisoned during the time that the order is enforced;

21You must comply with any obligation or requirement proscribed by regulation 17 and the Sentencing Regulations 2011;

22You must report to and receive visits from the Secretary to the Department of Justice or his or her delegate;

23You must report to the Broadmeadows Community Corrections Centre before 4 pm within two clear working days of your release from gaol;

24You must let a Community Corrections officer know within two clear working days of you changing your address or job;

25You must not leave Victoria without first obtaining permission to do so from the Secretary to the Department of Justice or his or her delegate;

26You must obey all lawful instructions from and directions of the Secretary to the Department of Justice or his or her delegate.

27Further the conditions that apply in addition to the mandatory ones that I have just listed are:

28You must undergo 150 hours of community work within the next two years.  Fifty hours of that period can be offset against satisfactorily completed rehabilitation programs;

29Secondly you must be under the supervision of a Community Corrections officer for a period of two years;

30Thirdly you must undergo assessment and treatment including testing for drug abuse or dependency as directed by the regional manager.  In this regard I require you to undergo an assessment by the Responsive Assessment Planning Intervention Diversion Service known as RAPIDS before you are released from custody, in order for you to be properly supported in the community as soon as you leave prison.  I will have my associate Ms Hammond communicate this requirement to the relevant prison authority and I indicate that it is imperative, that is essential, that your treatment for drug addiction in the community continue immediately after your release with intensive support from Community Corrections in this regard;

31You must undergo mental health assessment and treatment including but not limited to mental health, psychological, neuropsychological and psychiatric treatment if needs be in a hospital or residential facility as directed by the regional manager;

32Also you must undergo programs or courses aimed at addressing factors relating to the offending as directed by the regional manager;

33In particular you are to undergo programs or any necessary counselling by an appropriate professional to address your issues with gambling;

34Also you must attend the County Court on 8 November 2017 at 9 am to be monitored by me, all right?  I am going to see you on that date.  You may be required to attend for further reviews by me from time to time for the duration of the order.  Ahead of that appointment I will get an update, a progress report from Community Corrections and we will have a chat about how you are going.

35Now having heard all of the proposed conditions of the order, do you consent to the terms and conditions of the order?

36OFFENDER:  Yes, Your Honour.

37HER HONOUR:  I should tell you that if you do not comply with all of the requirements of this order then you will face breach proceedings before me.  You will be sentenced in relation to the breach and you will be re-sentenced in relation to the charges, in which case you may well be sentenced to a period of imprisonment.  I find it very difficult to do otherwise next time.

38I would regard a breach of the community corrections order as a most serious matter, whether it be because of further offending or because of non-compliance with any of the other conditions of the order.  Do you understand this?

39OFFENDER:  Yes, Your Honour.

40HER HONOUR:  Do you still consent to the order?

41OFFENDER:  Yes.

42HER HONOUR:  Therefore in relation to the charges, you are convicted and sentenced to a community corrections order in the terms and conditions that I have just set out.  Now at this stage I will have your counsel assist you with the signing of that order.

43MR PATTON:  If I might approach the dock, Your Honour?

44HER HONOUR:  Yes, thanks Mr Patton.

45MR PATTON:  Thank you, Your Honour.

46HER HONOUR:  Yes, thank you.  Is there anything further?

47MR PATTON:  No, Your Honour.

48HER HONOUR:  Anything further, Madam Prosecutor?

49MS FURLETTI:  No, Your Honour.

50HER HONOUR:  All right, thank you.  I have signed that order.  The big challenge is when you get out, stay away from those so-called friends of yours, all right?  You might be tempted to go and celebrate with them; do not.  Stay with your real friends and your family and I will see you here in early November and I hope to hear good news.  You are doing really well at the moment, just keep it up, all right?  Yes, you can remove Ms Rodden.

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