Director of Public Prosecutions v Said

[2018] VCC 1605

IN THE COUNTY COURT OF VICTORIA

AT MELBOURNE

CRIMINAL DIVISION

Revised
Not Restricted
Suitable for Publication

Case No. CR-18-00877
CR-18-00449

DIRECTOR OF PUBLIC PROSECUTIONS

v

YUSEF SAID

and

ROHAN YOUNG

---

JUDGE:	HER HONOUR JUDGE LAWSON
WHERE HELD:	Melbourne
DATE OF HEARING:	17 September 2018
DATE OF SENTENCE:	1 October 2018
CASE MAY BE CITED AS:	DPP v Said & Anor
MEDIUM NEUTRAL CITATION:	[2018] VCC 1605

REASONS FOR SENTENCE
---

Subject:  CRIMINAL LAW – SENTENCING
Catchwords:            Attempted aggravated burglary, theft, possess drug of dependence – criminal offences arising out of the one event – no joint criminal enterprise – offender Said - no prior criminal history, relative youth and lack of any prior criminal history – Community Correction Order imposed – offender Young – relevant prior criminal history – offending occurred during the currency of a Community Corrections Order and in breach of bail conditions – term of imprisonment imposed.

---

APPEARANCES:	Counsel	Solicitors
For the DPP	Ms C Foot	John Cain, Solicitor for the Director of Public Prosecutions
For the Accused Said	Mr D Carolan	James Dowsley & Associates
For the Accused Young	Ms M Walker	Melinda Walker Criminal Law Specialists

HER HONOUR:

1       Rohan Young, you have pleaded guilty before me to one charge of attempted aggravated burglary that occurred on 30 November 2017 and a related summary charge of commit and indictable offence whilst on bail. 

2       You also admitted your extensive prior criminal record that spans a period from 8 July 2004 until 4 September 2017.  There are some 15 prior court appearances and in the past you have been dealt with by the courts by way of custodial and non-custodial dispositions. 

3       You do have relevant prior convictions for burglary and attempted burglary.  

4       On 4 December 2012 at Shepparton Magistrates’ Court you were convicted of burglary, attempt to commit an indictable offence whilst on bail and loiter, for which you were convicted and placed on a Community Correction Order for 3 months.

5       On 5 January 2015 at the Melbourne Magistrates’ Court you were convicted of attempted robbery and burglary as part of a larger consolidation of other matters for which you received a 12 month term of imprisonment, of which term 6 months was partially suspended.

6       On 4 September 2017 you were convicted of robbery offence for which you were imprisoned for a total of 205 days to follow a Community Correction Order of 9 months.  

7       The current offending therefore constitutes a contravention of that order and is an aggravating factor.

8       Yusef Said, you have pleaded guilty to two attempted aggravated burglaries, one theft and one possess drug of dependence.  You do not have any prior criminal history. 

9       I will now proceed to sentence both of you on the basis of the amended prosecution opening that was read at the plea hearing and is marked as Exhibit 1.  There was no objection taken by your respective counsel to the opening. 

10      Young, you were aged thirty-one and Said, you were aged 22 at the time of the offending.

11      The victim in relation to Charge 1, (attempted aggravated burglary - Young & Said), is Samko Ranjbar who was known to both of you.  He was residing in a public housing apartment block in Dorcas Street, South Melbourne.

12      On 30 November 2017 at about 12.30pm, Said and Young, you both attended Ranjbar’s apartment.  

13      The Crown accepts that you were not acting pursuant to an agreement and that it was coincidental that you were both present together.

14      Ranjbar opened the door after hearing some banging noises.  He left his security door locked and then observed both of you at his front door. 

15      Said, you were carrying a big hunting knife, approximately 30 to 40 centimetres in length.  You told Ranjbar to give you some Xanax or you would stab him when he came outside and that you would break into his apartment and that when you did, it would end badly for him. 

16      Young, you taunted Ranjbar in relation to a dog of his that had earlier been stolen. 

17      Both of you became increasingly aggressive and attempted to gain entry to the residence.  Said, you stabbed at the metal mesh security door with a pair of pliers making some holes in it.  Young, you used a multi tool to attempt to unscrew the hinges of the security door. 

18      Ranjbar pleaded with both of you to stop, before closing his door and calling the police.  Police then attended and you were both arrested. 

19      The victim in Charges 2 and 3, (attempted aggravated burglary and theft – Said only), is Nella Betsy.  She is a single mother of two daughters who resides at a different high rise public housing apartment block in Coventry Street, South Melbourne.  Betsy was known to you, Mr Said.

20      On 28 November 2017, at about 3.45 am, Betsy was at home at her apartment. She heard a grinding noise at her front door.  When she opened the wooden door, she saw that you were present.  She observed a hole in the metal wire of the security door that had been made by you.

21      You had something hidden behind your back.  You said to Betsy that you were looking for her former partner, Drew.  Betsy insisted that he was not there.  She was scared of you and what you may do so she opened the door and allowed you to come into her apartment to check for yourself. 

22      As she did so, a second male, known only informally as “Frankie”, appeared from the stairwell and you entered the premises together.  Betsy saw that you were carrying a kitchen knife behind your back as you entered.  You both searched through the apartment.  You told Betsy, because she was connected to Drew, that you would both be taking some of her stuff.  She told you to take whatever to get you out of the house more quickly. 

23      Betsy then left the apartment and rang emergency services, and was ultimately able to seek assistance from a neighbour.

24      Said, you and Frankie remained in the apartment rummaging through various drawers and cupboards.  You ultimately left carrying a television set. 

25      Police arrived a short time later but you had left and could not be located.

26      At some time later you were both later arrested by police.

27      Said, when you were arrested you were carrying a backpack and that was searched and a large hunting knife/machete was located inside, together with a small package containing cannabis.  (Charge 4, possess drug of dependence)

28      You were both interviewed by police.

29      Young, you made some admissions in your record of interview.  You told police that you had attended Ranjbar’s because he owed people money and that you were there to collect money that he owed the others as well as some money that he owed you.  You admitted to having an Allen key on you and that you threatened to undo the door hinges but denied actually doing that.  You said that your plan was just to go to the door and ask him for the moneys that were owed to you.

30      The related summary offence summary Charge 3, commit indictable offence whilst on bail, is because at the relevant time you were on three sets of bail for three police matters involving charges of theft of a motor vehicle; burglary; and theft.

31      Said, in your record of interview you made admissions in relation to the Ranjbar incident.  Your reason for attending was to obtain $150 which you said Ranjbar owed because he sold you some bad drugs.  You admitted that you had used pliers to cut through the security door and that you had a machete in your bag for protection.  You admitted to the possession of the cannabis.

32      In relation to the Betsy incident, you told police you went to Betsy's house looking for Drew because he owed money to a lot of people.  You wanted to bash him and he was always trying to stand over you.  You confirmed that you had a knife with you when you spoke to Betsy through the door and you also confirmed you stole the television before throwing it away in a car park. 

33      In respect of the offending, they are serious offences and that is reflected in the maximum penalties prescribed by law, and they are:

Attempted aggravated burglary – 20 years’ imprisonment

Theft – 10 years’ imprisonment

Possess cannabis, small quantity – 5 penalty units

Commit indictable offence on bail – 30 penalty units or 3 months’ imprisonment

34      No Victim Impact Statements have been filed.  Notwithstanding that, having regard to the particular circumstances of the offending as outlined, I accept that your presence at both premises would have been very threatening and distressing for each of the victims of your offending.

35      In sentencing you both there is a real need for the court to denounce your behaviour.  Just punishment, general and specific deterrence and the protection of the community plays a significant role.

36      Young, you were remanded on 30 November 2017 and have remained in custody since. 

37      I have had regard to the matters put in mitigation on your behalf by Ms Walker.  I accept that your plea of guilty was entered at an early stage once an appropriate charge was formulated and there was proper clarification of the respective roles played by both accused agreed upon. 

38      Your plea has real utility.  It was entered prior to any cross-examination of witnesses at the committal hearing.  By your plea you have spared the State the expense and inconvenience of a trial and you have therefore facilitated justice and your sentence will be discounted accordingly. 

39      I have also had regard to the fact that you were very cooperative with the police at the time you were arrested and at the time of your interview, and I am satisfied that your plea does reflect genuine remorse.

40      You are now 32, you are the eldest of three children.  You have supportive parents who live in Yea.  You completed Year 11 and over the years you have had employment in abattoirs as a fencer and working in a quarry.  You are currently eligible for a disability support pension due to a back condition following an injury you suffered at work. 

41      In addition to your prior criminal history to which I have earlier referred, there are a number of subsequent matters that are now listed in the Melbourne Magistrates’ Court on 3 October 2018, together with a contravention of the Community Correction Order that was imposed on 4 September 2017.

42      The matters the subject of the hearing involve three briefs:

Brief 1 – theft of a motor vehicle; handle stolen goods; possess proceeds of crime; and drive whilst disqualified.  This relates to an event on 23 September 2017, an occasion when you drove a stolen motor vehicle to a petrol station.

Brief 2 – burglary; unlawfully on premises; criminal damage; possession of prescribed drug without authorisation; go equipped to steal; and resist police.  That relates to an event on 13 October 2017.

Brief 3 concerns two theft charges and a commit indictable offence whilst on bail charge that relates to an occasion on 18 November 2017 where you stole some vitamin pills from a Chemist Warehouse.

43      Ms Walker on your behalf conceded that the offending was serious and would ordinarily attract a period of imprisonment.

44      She confirmed the context of the offending was that previously Ranjbar had enlisted your help with others to go to a house where it was believed his dog was being held.  You went to that property and gained entry with the others but there was no dog present or person present.  You asserted that you were owed money by Ranjbar for your assistance and that you were merely going to his place seeking to be paid. 

45      You have a long history of drug and alcohol addiction and that to a large extent does explain your prior criminal history.  You have also developed an opioid addiction due to difficulties you had dealing with your back pain and being on prescribed medication.  You are now on Methadone to manage your pain.  In the past you used methamphetamines from your mid-20s.  You have never had any drug rehabilitation or programs.

46      You have a history of some mental health issues.  You are currently prescribed Olanzapine, and that has been prescribed since a brief admission to St Paul’s, the psychiatric unit at the prison. 

47      Ms Walker on your behalf’s primary submission was that a combined sentence of a gaol term to be followed by a lengthy Community Correction Order with treatment conditions was the appropriate disposition given all your circumstances. 

48      Such a disposition would represent just punishment as well as would allow for denunciation and deterrence, and provide for protection of the community and foster your rehabilitation. 

49      The court was provided a contravention report that has been prepared in anticipation of the Magistrates’ Court hearing.  That report notes that, notwithstanding non-compliance, there is a recommendation that your order be varied so as to allow you a further opportunity to engage in treatment and services that may address your risk of reoffending.

50      I have had regard to the report prepared by Carla Ferrari, consultant psychologist.  Her report is dated 22 June 2018.  She confirms that you are a person who has had chronic drug usage since age 14 and that has significantly increased your vulnerability to mental health.  She considers that your substance use is the sole factor for maintaining your criminality.  She recommends a treatment order that would link you with appropriate supports in the future. 

51      Following your remand in prison your situation has changed dramatically.  You have been working as a baker's assistant at the Port Phillip Prison.  You have been working with the head baker, working seven days a week, and two of those days you work alone overseeing five others in the production of bakery products for distribution within the prison.  It is a trusted position. 

52      Currently your mental health condition is stable.  There are no issues with auditory hallucinations.

53      You have had one random urine screen that is reported as being negative.

54      You are motivated to continue to work as a baker upon your eventual release from prison.  In addition you are motivated to continue treatment to address your drug use and to stabilise your situation. 

55      You plan to return to live with a friend in Prahran upon your release and you are motivated to continue on the Methadone program.

56      Ms Foot, the prosecutor, submitted having regard to the seriousness of your offending, your antecedents including your past criminal history, that a further gaol term is warranted.

57      As discussed in the plea hearing, I consider that the attempted aggravated burglary on this occasion represents behaviour which is at the lower end of the spectrum for this type of serious offence. 

58      This matter initially proceeded on the basis that it was assumed that you both attended in company and you were both complicit in trying to gain access to Ranjbar's home, whereas the prosecution now agree that it was merely a coincidence that you both turned up together at the same time with the same grievance against Mr Ranjbar. 

59      I reject the submission that your offending represents an escalation in your criminal behaviour; rather, I consider it reflects your poor impulse control, drug addiction and mixing with drug-related peers.

60      Having regard to the excellent progress you have made whilst in a confined setting of the gaol, I consider that there are real prospects for you for your rehabilitation in the future.  I accept that you do require structure and focus in your life and that in the future, provided you maintain your abstinence from drugs and continue on your Methadone and obtain employment, your prospects are reasonable. 

61      I did have you assessed as to your suitability for a Community Correction Order, but you are considered not suitable, and that is having regard to your past history where there have been three substantial contraventions of Community Corrections Orders, one of which is yet to be dealt with.

62      Given your poor history of compliance with Community Correction Orders in the past I do not consider the disposition suggested by Ms Walker is appropriate.  

63      Also I have had regard to the nature of the offending and my assessment of it being at the lower end of the spectrum.  I consider that a short term of imprisonment in all the circumstances represents just punishment.

64      In sentencing you the court must denounce your behaviour.  It is not appropriate for you to behave in this way and to take the law into your own hands.  Further, summary Charge 3, commit indictable offence whilst on bail does indicate a continuing disregard of orders relating to conditional release on bail. 

65      I have also had regard to the fact that an aggravating feature of the offending was it was in contravention of the core conditions of your Community Corrections Order.

66      Ultimately I propose to sentence you to gaol for a period that is longer than the period that you have already served, but in effect what that means is that you will only be serving an additional period of approximately a month.

67      I must formulate a sentence that reflects just punishment, denunciation and emphasises the need for both general and specific deterrence.

68      I will ask that you now stand, Mr Young, because I will announce the formal court orders.

69      The formal court orders are as follows-:

70      Charge 1- attempted aggravated burglary – convicted and sentenced to 10 months imprisonment

71      Charge 3 - commit and indictable offence whilst on bail – convicted and sentenced to 1 month imprisonment.

72 Having regard to s16(3C) of the Sentencing Act 1991, such sentence must be served cumulatively - that is the charge in relation to commit an indictable offence whilst on bail - with the sentence I have imposed with respect to charge 1 unless otherwise directed by the court. I do not propose to direct otherwise given your past history. So that therefore makes a total effective sentence of 11 months imprisonment.

73      I make the following s6AAA declaration.  But for your plea of guilty I would have imposed a sentence of 2 years imprisonment, to serve 15 months.

74      I make the following declaration of pre-sentence detention.  I have an estimate of 305 days.

75      MS WALKER:  Yes, Your Honour.

76      HER HONOUR:  I declare that you have served 305 days of the sentence I have just announced and I direct that that be entered into the records of the court.

77      I make the Disposal Order sought.

78      And finally, I make the forensic sample order sought.

79 What that means is that an order will be made pursuant to s.464ZF(2) of the Crimes Act 1958 for you to undergo a forensic procedure, and that involves the taking of a scraping from inside your mouth. They will give you a little cotton bud, pop it in your mouth. And I have made that order given the seriousness of the circumstances of the offending, the order is by consent and the granting of the order is in the public interest.

80      The only thing I need to tell you, Mr Young, is that if you do not consent to the taking of a mouth scraping under supervision, then police may use reasonable force for that to be done by the taking of a blood sample, but hopefully that will not be an issue for you, you will just put the cotton bud in your mouth.  Yes? 

81      OFFENDER YOUNG:  Yes.

82      HER HONOUR:  All right.  So effectively your sentence is 11 months, and I have declared 301 days.  Whatever  is11 months less 301 days is, is the time you have to serve - 305 days, sorry, is the time that you have to serve.  All right, take a seat.

83      All right, can Mr Said be brought up please to the witness box? Take a seat.  You have been sitting there patiently while I have been reading out my sentencing remarks for Mr Young, but you have heard what I had about the seriousness of the offending.  Yes, very well.

84      You have been assessed for a Community Correction Order and you have been found suitable.  Do you remember when they went through with you all the core conditions and what that means?

85      OFFENDER SAID:  Yes.

86      HER HONOUR:  You do?  Yes?

87      OFFENDER SAID:  Yeah.

88      HER HONOUR:  All right.  You have to consent to an order being made for a Community Correction Order.  That is what has been sought on your behalf, and given your particular circumstances that is what will be ordered, but I need to explain to you how it works.  Do you understand?

89      OFFENDER SAID:  Yes.

90      HER HONOUR:  All right.  In the next three years you cannot commit an offence punishable by imprisonment, that includes even simple things like shop theft;  that is both here in Victoria or any other place in Australia, all right?  And you will be subject to supervision by Community Corrections and you will have to notify them of any change of address or employment.  And you cannot leave Victoria without their permission and you have to comply with their directions.  They are the basic core conditions of such an order.  Do you understand that?

91      OFFENDER SAID:  Yep.

92      HER HONOUR:  And you are willing to enter into an order to that effect?

93      OFFENDER SAID:  Yes.

94      HER HONOUR:  My intention is that this order is what is called a therapeutic order.  You have already served some time in custody, in adult custody, and so I am not making any further orders for community work. I am also mindful of your macular condition, so that would make any community work placement for you quite difficult.  But the focus of the order will be on your behaviour and managing any drug problems or other behaviours that are identified by Corrections, so you have to accept their recommendations for any programs that will assist you, all right?

95      OFFENDER SAID:  Yep.

96      HER HONOUR:  Are you willing to enter into an order of that effect?

97      OFFENDER SAID:  Yes.

98      HER HONOUR:  All right.  If you were to breach the order by not complying with the conditions, then that is another charge.  And there is a penalty for breaching a Community Correction Order, up to three months imprisonment.  And also you will be dealt with for contravening the order and you can be resentenced in respect to the original offending by me.  All right? 

99      OFFENDER SAID:  Yep.

100     HER HONOUR:  All right.  The focus of your order is to minimise the risk of re-offending, to keep you on track.  Do you understand that?

101     OFFENDER SAID:  Yes.

102     HER HONOUR:  Okay, are you back at home with your parents?

103     OFFENDER SAID:  Yeah.

104     HER HONOUR:  And how is that going?

105     OFFENDER SAID:  It's going all right.

106     HER HONOUR:  Yes, and you have good support from your sister, I see she is here again today.

107     OFFENDER SAID:  Yes.

108     HER HONOUR:  Yes.  And how do you think you are going currently?

109     OFFENDER SAID:  Yeah, I'm going pretty good.

110     HER HONOUR:  Good, that is good to hear.  And I understand you are also actively seeking work, yes.  Which is probably a little bit harder given your eye condition.

111     OFFENDER SAID:  Yeah.

112     HER HONOUR:  Yes, okay.  Have you had any interviews or anything like that lately?

113     OFFENDER SAID:  I've had three interviews in the past month.

114     HER HONOUR:  That's good.

115     OFFENDER SAID:  I'm just waiting for them to get back.

116     HER HONOUR:  Yes.  Well, that's promising.  Hopefully you'll get a positive result.

117     OFFENDER SAID:  Yes.

118     HER HONOUR:  Yes, okay.  All right, well, that's all I needed to confirm with you, so you understand the order that I've described?

119     OFFENDER SAID:  Yes.

120     HER HONOUR:  And you're willing to consent to that order?

121     OFFENDER SAID:  Yes.

122     HER HONOUR:  Okay, all right.  And also importantly you understand what happens if you break the rules and you don't comply.

123     OFFENDER SAID:  Yes.

124     HER HONOUR:  All right.  You can take a seat behind your counsel there.  Just take a seat because I will get you to sign the order shortly.  Yusef, I have to read out the formal sentencing remarks just in relation to you so that everyone knows the reason why I have made your order. I will do that now. 

125     I turn to Mr Said's circumstances.

126     Mr Said, you were remanded on 30 November 2017.  It was your first time in an adult custodial setting.  On 8 January 2018, you were granted conditional bail pursuant to the Court Integrated Services Program (CISP).  You had served 38 days on remand prior to your release. 

127     I have had regard to the mitigating factors highlighted by Mr Carolan on your behalf. 

128     You are a relatively youthful offender with no prior criminal history.  Since being released on CISP bail, you have returned to live with your parents in Point Cook.  You successfully complied with the stringent requirements of your CISP bail conditions.  You have been compliant with seeking ongoing support from the Youth Support and Advocacy Service (“YSAS”) Sunshine.

129     The Court has had the benefit of reading reports from Mr Mathew Staios, consultant psychologist, dated 26 June 2018, as well as having the benefit of reading the CISP program progress report dated 1 March 2018, and the letter written by Deng Malith dated 25 June 2018 from YSAS, as well as a letter from your sister Marin of 17 September 2018.  The court has had a lot of information concerning your progress and I will refer to that briefly.

130     By way of background, you are 23, you are of Somali descent.  You were born and raised in Melbourne.  You are the third of eight children; there are four sisters and three brothers.  Your early childhood was unremarkable.  Your parents are stable role models and they have worked hard to provide you with practical and emotional support.  They migrated to Australia in the early nineties from Somalia in the context of civil war.  Your father worked as a school teacher and interpreter while your mother worked as a care giver in a children’s day care centre. 

131     Your parents have been present at all the plea hearings, together with your sister Marin.

132     The other seven siblings in your family have never had any contact with the criminal justice system. 

133     You were successful in completing Year 12.  You then undertook a six month carpentry pre-apprenticeship at Victoria University and worked in the capacity of a carpenter for about a month.  Unfortunately you had to cease that apprenticeship because you were diagnosed with suffering from macular degeneration and could no longer work safely.  You then worked in a warehouse packing shipping containers for two months. 

134     You were unemployed at the time of the offending and had drifted away from the family home and gravitated towards negative peer influences.  You were drug-addicted, combining cannabis, Benzodiazepine and alcohol. 

135     You first used cannabis at age 16. You then started using Benzodiazepine daily and occasionally alcohol from that age.  You moved out of the family home in the two months leading up to the offending.  That was associated with an increase in your substance use and contact with a number of drug users.

136     Mr Staios in his report says, from a psychological perspective he was concerned, given your history of vulnerability of being attracted to negative peers, that a term of imprisonment could lead to an exacerbation of negative behaviour on your part through forging bonds with antisocial peers and also integrating further dysfunctional values into your personality.  He said your risk of recidivism, that is, repeat offending, would increase if you were gaoled. 

137     He recommended that in order to reduce your risk factors, that there should be ongoing counselling and support to enable you to be drug-free. 

138     The Court Integrated Services Program progress report dated 1 March 2018 confirms that you openly acknowledged your history of poly-substance abuse, and you expressed willingness to maintain abstinence, that was to be achieved by undertaking drug and alcohol treatment.  You have been encouraged to attend appointments with Dr Peter Stanton, psychologist, and you had returned home and were living with your family.  In that report you were described as being open and honest, and as having some insight into the offending behaviour.  It stated that you appeared to be genuinely motivated to change, not only to successfully complete the CISP episode, but also for the future.

139     You were referred to Youth Support and Advocacy Service in April 2018 by your lawyer for support around substance use and other health and social supports after the committal, and you voluntarily agreed to receive ongoing support and counselling from that service.

140     The letter written by Deng Malith in his letter dated 25 June 2018 confirms that you have successfully attended six sessions with him. The focus of those sessions were on lapse and relapse prevention strategies and just working on improving your health and your relationship with your family, and complying with court conditions. 

141     He describes you as a sensitive young man who has been substance-free since he has been meeting with you.  You have demonstrated to him a motivation to change and an awareness of the link between your criminal behaviour and use of drugs.  He noted, importantly, a shift in your thinking and you are now displaying empathy, that is, concern for others.  He says you present as a responsible and considered young man.  You are fortunate inasmuch as YSAS is committed to continue to support you to achieve your goals.

142     You are currently actively seeking employment. 

143     Just as I have accepted, with Mr Young, I accept that you too entered an early plea of guilty and your plea is one of real utility.  You too have spared the State the expense and inconvenience of a trial, you have facilitated justice and your sentence is going to be discounted.

144     You are a young person with no prior criminal history.  The principles of R v Mills[1] apply such that rehabilitation is a significant aspect of this sentencing exercise.

[1] [1998] 4VR 235, 241 (“Mills”)

145     Having regard to the post-offence conduct and the material that I have referred to, I consider you do have excellent prospects for rehabilitation provided you can maintain being abstinent from all drugs. 

146     I accept that the context to the offending was that it happened at a time when you were living transiently, engaging with a negative peer group, taking drugs and generally you were not engaged at all in productive employment.

147     Both instances of the offending of attempted aggravated burglary were relatively unsophisticated and there was no evidence of any actual physical harm inflicted.  You made fulsome admissions in your record of interview.  You have now taken steps to address your offending behaviour and have regularised your life.

148     You have strong family support and you are actively being assisted currently to obtain employment.

149     Your sister, Marin, in her letter of 17 September 2018 says that you are demonstrate a more positive attitude now towards your future.  She noted that you are no longer able to work in your chosen field safely, so that you are taking a different route and have started applying for simpler jobs. 

150     She confirms that you are now more respectful at home and you do acknowledge to her that you made a terrible mistake and you are truly remorseful for what you have done.

151     I accept that your plea is evidence of your genuine remorse coupled with the expression of remorse to your sister. 

152     Having regard to your relative youth and your vulnerability, I do consider that you are the sort of person who would be susceptible to negative peer influence and be very vulnerable within a gaol setting.

153     Having regard to the guideline sentencing judgment in Boulton[2], I consider in your case that a Community Correction Order is appropriate.  Such an order can achieve all the sentencing principles of deterrence, denunciation and just punishment. 

[2] Boulton v The Queen (“Boulton”) [2014] VSCA 342

154     As I have already stated, your assessment says that you are suitable for such an order and I have explained fully how the order works and you understand what would happen in the event of a contravention of such an order and you consent to the making of the order.  I will make the formal orders now.

155     Could you please stand up, Mr Said?

156     In relation to Charges 1 and 2, attempted aggravated burglary, Charge 3, theft, and Charge 4, possess drug of dependence, you will be convicted and placed on a Community Correction Order of 3 years’ duration.  Having regard to your time spent in adult custody on remand, there will be no community work ordered.

157     That order is directed to providing you with ongoing community support, therapeutic in nature, and is to continue to foster your rehabilitation in the community, which has already commenced.  There will be conditions of supervision, treatment and assessment (including testing) for drug and alcohol and other behaviour programs. 

158     I make the following s6AAA declaration, but for your plea of guilty I would have imposed a Community Correction Order of 5 years duration with 250 hours community work and subject to the same conditions as the order. 

159     I make the disposal order sought and, finally, I make the forensic sample order sought.  Is there an issue, Ms Foot?

160     MS FOOT:  Your Honour, I'm just checking the penalty for the Charge 4, possession of cannabis.

161     HER HONOUR:  All right, it can't be - - -

162     MS FOOT:  I don't think a CCO can be imposed on that.

163     HER HONOUR:  All right, I will just convict and discharge.

164     MS FOOT:  Thank you, Your Honour.

165     HER HONOUR:  All right, it will just be Charges 1 and 2 and 3 on the CCO, Charge 4, possession of a drug of dependence, you will be convicted and discharged.

166     The forensic sample order sought will be made.  That was consented to.  I just have to tell you as well what that involves, is you will have to go to the police station and they will give you a little cotton bud to put in your mouth, and provided that you are cooperative, that is all that you need do, but in the event that you refuse to cooperate the police can use reasonable force, including taking the sample via a blood test.

167     I think that concludes everything in relation to Mr Said.  I've just got to get that printed out and I sign it, and then I'll get you to sign it.  I'll get your counsel to go through with you that order again before you sign.  Will that take long?  No.

168     And the police station you've got to go to in respect to the forensic sample order is Werribee police station.  Do you know where that is, on Princes Highway?  Yes.  The address is on the order.

169     All right, so hopefully for the next three years you will get some good support on the order and get yourself some employment, okay?

170     Ms Walker, if you want to be excused you can be.

171     MS WALKER:  Yes, Your Honour.

172     HER HONOUR:  Yes.

173     MS WALKER:  May I?

174     HER HONOUR:  Yes, certainly.

175     MS WALKER:  If Mr Young could be taken down then I can go downstairs and have a word with him.

176     HER HONOUR:  Yes, if that could be done, that's good.  You can then meet him downstairs and just explain the order.

177     MS WALKER:  Yes, Your Honour.  Thank you.

178     HER HONOUR:  Thank you for your assistance.

179     MS WALKER:  As the court pleases.

180     MR CAROLAN:  May my client be seated?

181     HER HONOUR:  Certainly, yes, take a seat.  We seem to be having a little bit of a wrangle with the machine but I think it will work now.  Yes.

182     And while we're waiting, I just thank Mr Said's mum, I can see her there, and his sister.  Thank you for coming again today.  Hopefully things will go well. 

183     I haven't made an order for judicial monitoring because I think he's going very well and it's not necessary.

184     MR CAROLAN:  Yes, Your Honour. 

185     HER HONOUR:  Thank you for that, Mr Carolan.  I'll get my associate to provide a copy to you and the client before you both leave.

186     MR CAROLAN:  Thank you, Your Honour.

187     HER HONOUR:  All right, we can adjourn.

- - -