Director of Public Prosecutions v Semak (a pseudonym)

IN THE COUNTY COURT OF VICTORIA
AT MELBOURNE
CRIMINAL JURISDICTION

Revised
Not Restricted
Suitable for Publication

DIRECTOR OF PUBLIC PROSECUTIONS

ASHLAN SEMAK (A PSEUDONYM)

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JUDGE:	HIS HONOUR JUDGE HIGHAM
WHERE HELD:	Melbourne
DATE OF HEARING:	13 May 2024, 14 June 2024, 12 July 2024
DATE OF SENTENCE:	17 July 2024
CASE MAY BE CITED AS:	DPP v Semak (a pseudonym)
MEDIUM NEUTRAL CITATION:	[2024] VCC 1057

REASONS FOR SENTENCE

Subject:  CRIMINAL LAW
Catchwords:             Sentence – aggravated buglary – make threat to kill -
  theft – guilty plea – rehabilitation – Drug and Alcohol Treatment Court
Legislation Cited:     Sentencing Act 1991 (Vic) ss 6AAA and 18(4)
Sentence:                 Drug and Alcohol Treatment Order, custodial part of 39 months

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms S. Shanmugaratnam	Office of Public Prosecutions
For the Accused	Mr R. Melasecca

HIS HONOUR:

Ashlan Semak,[1] you have pleaded guilty to:
(i)one charge of aggravated burglary, (Charge 1), for which the maximum penalty is a term of imprisonment of
25 years,
(ii)one charge of making a threat to kill, (Charge 2), for which the maximum penalty is a term of imprisonment is 10 years, and
(iii)one charge of theft, (Charge 3), for which the maximum penalty is a term of imprisonment of 10 years.
[1] A pseudonym.
Tendered as Exhibit 1 on the Determination Hearing was a summary of prosecution opening which set out the agreed facts of your offending. In brief they were as follows.
On 17 December 2022 you went to the a hotel with your two
[2] A pseudonym.
[3] A pseudonym.
co-offenders, Nathan Green[2] and Alex Burn.[3] You had been in their company for approximately four days prior to that time.
When walking home at around 6.30 am, Mr Green stated that he wanted to go to the home of the victims. All three of you then entered the residence via a broken window. You believed you were going to steal items (Charge 1).
Your victims, were asleep in bed. They were woken up by being struck in the face with a wooden stake. Whilst assaulting the victims, demands were made that one of the victims hand over his mobile phone, drugs and car keys. Keys to a Holden Viva, a BMW car key, a Samsung mobile telephone, a Playstation 2 and 4, PlayStation controllers, a car charger, diecast model cars and an Optus mobile phone were all stolen (Charge 3).
Mr Green produced a firearm and threatened to stab and shoot
the victims. Mr Burn also produced a firearm described as a gel blaster. Mr Burn passed an imitation firearm to you, which initially you passed back, and which was again passed back to you. You then stood on the bed in which the victims were lying, holding the imitation firearm and said 'I'm gonna pop you'. You then pulled out the magazine, showing the bullet pellets to the victim, and saying 'I told you it was real and I'm gonna pop you' (Charge 2).
You and the co-offenders told the victims not to move and continued to threaten them. The victims were forced at gun point to strip naked, lie down on the bed and not move.
The room of another resident who was not home at this time, was also ransacked. You left the residence on a pushbike while the other offenders left in the victims Holden Viva. You are not charged in relation to the theft of that motor vehicle.
One of the victims ran to a neighbour's property and police were called.
Around 2 pm police attended at a house in Norlane which was uninhabited. They observed a stolen black Holden Viva.
At 2.25 pm further police arrived and saw you at the house. You were arrested and taken to Geelong police station for interview. Your co-offenders were arrested shortly thereafter.
A search warrant was executed at your address in Norlane, where CCTV footage was seized depicting the stolen Holden Viva arriving at the address with your two co-accused. You arrived a short time later riding the bicycle, carrying a blue and orange backpack. You and your co-offenders then unloaded the Holden Viva, moving the stolen goods into your yard. You also removed a handgun and passed it to Mr Green, who concealed it in his pants.
Police also searched a blue Toyota parked in your driveway. A blue and orange backpack was located containing a machete and other items. A further backpack was found in the car containing a black handgun and three knives.
You initially made a no comment interview, as was of course your right. Later, you requested to speak to officers and you gave a full account of your involvement in the offending, as well as the involvement of your co-accused. You also provided the whereabouts of the second firearm and the machete, which was then subsequently retrieved. You also indicated your preparedness to be a prosecution witness in the case against your co-accused.
Your matter resolved at a committal mention on 31 October 2023, although I understand resolution discussions had started well before that date and proceeded by way of a straight hand up brief. On 3 April 2024 the matter was adjourned into the Drug and Alcohol Treatment Court for a Determination Hearing, which eventually concluded on 12 July 2024.
Exhibit 4 on the Determination Hearing was a case management assessment report from Isabella Classen dated 6 May 2024. Exhibit 5 was a clinical adviser assessment report from Ms Krishna Jones of the same date. Exhibit 13 was a neuropsychological assessment report from Amy Szuznac dated 28 June 2024, focusing on your current cognitive functioning and exploring any diagnoses of acquired brain injury.
Exhibit 14 was an individual treatment plan prepared by your proposed clinical team.I also received two historical psychological reports prepared for previous court matters, Exhibit 9ES from Gina Cidoni dated 15 September 2017, and Exhibit 10ES from Elizabeth Warren dated 24 July 2009.
I also received a preliminary assessment report for ARC by Thomas Thompson (Exhibit 7ES), a letter from Seobhan Nalland from WestCASA (Exhibit 8ES), a letter of support from Amanda Wolfe, disability and complex needs practitioner at Dame Phyllis Frost Centre dated 14 March 2024
(Exhibit 11ES), a bundle of certificates of programs completed whilst in custody (Exhibits 12ES and 15ES), and your criminal record
Taken together, these reports set out your personal narrative, your substance use, mental health and criminal history, your challenges, motivations, vulnerabilities and strength and, where appropriate, made recommendations for treatment.
Personal Circumstances
I turn now to your personal history.
You were born on in August 1979 and you are now 44 years of age and were 43 at the time of this offending.
You were born in Melbourne to first generation Greek parents, who worked as cobblers and later as labourers cleaning bricks. Your father was an alcoholic schizophrenic who subjected your mother to constant abuse and physical assaults.
You were not only a witness and victim of this family violence, but were also a victim of his sexual abuse from the age of seven onwards. You report leaving home at the age of 14 to escape your father's predations, and were eventually placed in residential care where you experienced yet further abuse.
At the age of 15, you were in a serious car accident. Your brother was driving and was, tragically, killed. You recall being in hospital for many months, first in a coma and then learning to walk again. You report difficulties with memory and focus since the accident. You then disclosed to your mother your father's abuse. Your father's response was to leave the country and he returned to Greece, where he has remained. You have not seen him since.
Not surprisingly, your school years were marked by frequent suspensions and expulsions, and after the accident, you did not return. I do note that you later attended TAFE and completed various certificated. You have worked in multiple industries over the years including sales, retail and construction.
As to your substance use (Exhibit 5) you began regular use of cannabis after leaving home at the age of 14. By 15 you were an IV user of heroin, introduced to the drug by an older boyfriend, and prompted by the loss of your brother.
At the age of 26, you moved to ORT (opioid replacement therapy) but then returned to heroin use. You ceased using during the pregnancy of your first child but relapsed in 2017 in the context of family violence and separation from your children.
You began using methamphetamine in your early 30s and became an intravenous user, using up to 2 grams daily. You also report past use of GHB, MDMA and ecstasy. You have experienced multiple overdoses requiring hospital admissions.
You acknowledge the link between your chronic substance use and your offending and your inability to maintain long-term employment. You have a long criminal history going back to 1997 and have over the years received multiple terms of imprisonment, including one term of five years in 2009, and one term of four years in 2006, for multiple offending including obtaining financial advantage by deception, aggravated burglaries, proceeds of crime, trafficking and possession of drug of dependence, dishonesty, assault, reckless conduct endangering serious injury, leaving children without supervision or care, driving and Bail Act offences.
You have successfully completed one intensive correction order and one parole order in 1998 and 2012 respectively, but otherwise you have breached all other parole orders to which you have been subject.
Whilst of course you do not fall to be sentenced again for matters that you have already been dealt with by the courts, your prior criminal history impacts my assessment of the need for specific deterrence, your prospects of rehabilitation, your moral culpability and the need to protect the community from you.
You have had one long-term intimate relationship of 11 years duration with Jason Walter,[4] with whom you have two children, aged ten and nine. Mr Walter was also a co-accused on multiple occasions.
[4] A pseudonym.
You frequently relocated to various towns in Victoria and New South Wales before moving in with your mother in Reservoir.
The relationship was punctuated with significant and chronic family violence (Exhibit 13). Mr Walter was a heavy user of both alcohol and methamphetamine. Child Protection Services became involved. You report multiple long-term health issues arising in part from that relationship, which will require constant monitoring upon any order (Exhibit 9ES).
The relationship ended in late 2016 and you describe your life as then going on a downward spiral. In a new relationship, you gave birth to a stillborn child. You returned to heroin use. You lost custody of your children and you were homeless (Exhibit 9ES).
I should note that Mr Walter is now one of your greatest supports, along with your mother whom you describe as your rock. You and he share the parenting of your children, who together with your mother, are your primary motivators for recovery (Exhibit 4).
In 2017, your presentation was noted by Ms Cidoni (Exhibit 9), as very distressed and disturbed, with your profile indicating major depression, severe anxiety and panic disorder and PTSD, a schizoid trend with thought disturbances and clouded judgment. However, you then managed to turn your life around.
By the end of 2022 you had been drug free for three and a half years, despite homelessness and the impact of the COVID pandemic. You had secure public housing in Geelong and you had shared care of your two children, co‑parenting positively with Jason, your former partner. It was undoubtedly, Ms Semak, a most significant achievement on your part.
However, two weeks before the index offending you met your co-accused, introduced to them by a neighbour. You state:
I stupidly invited them in for coffee, one thing led to another and I started using again. It was totally out of character for me to be with these guys. They sort of took over my house. I made a mistake letting them in. (Exhibit 4)
Of the offending, you stated:
We went to the pokies that night and on the way home one of the guys said 'I just have to go in here and stop at his house, he owes me money'. I had no idea what was going to play out.
You acknowledge that you were able to leave but you felt scared walking home alone. You told Ms Classen:
I am devastated by my actions. I have jeopardised so much by making those choices. As to the victims, I couldn't imagine how they are feeling.
I accept this statement, Ms Semak, as a genuine expression of remorse on your part.
You were initially remanded, and were then bailed on 17 July 2023 to Odyssey House. You self-exited due to a triggering encounter and in August 2023 you returned to custody. You were however readmitted to bail on 5 September 2023, again to Odyssey, but now to their Hope Centre in Bairnsdale. Sadly, you self-exited that program despite doing well, as the distance was too far for your children to visit. Rather than not see your children, you elected to return to custody and your bail was accordingly revoked on 6 October 2023.
Tragically, shortly thereafter, your brother's family experienced a devastating loss. You keenly felt your separation from them and, in crisis, were then supported by WestCASA, with whom you have continued to engage (Exhibit 8ES). Whilst in custody you have also applied yourself to numerous courses and programs (Exhibit 12 and 15ES).
Ms Jones (in Exhibit 5) noted your expressed frustration at having diagnostic labels assigned to you by people you perceived had assessed you only over a short period, and who did not know you. You believe that your mental health symptoms stem from past trauma and you feel a helplessness in not being able to escape that trauma, and the impacts it has on you and on your parenting. Ms Jones notes your demonstrated insight into the connectedness of your trauma, substance use and offending. You presented to her as highly motivated to sustain positive changes in your life and reunify with your children. You have demonstrated progress and commitment towards developing more positive coping strategies and activities whilst on remand. Ms Jones stated:
Her ability to provide parental care to her children, if released, will be pivotal to maintenance of abstinence and recovery. The identified recovery capital will be vital in supporting her abstinence and recovery in the community and counterbalancing the ongoing impact her trauma history may have on her ability to manage her mental health without substance use. Given her history of relapse in the community and relatively rapid escalation into substance use, there are concerns should she lapse in the community. In the instance of lapse, she would require immediate residential treatment interventions.
Ms Jones was of the opinion that you would have satisfied diagnostic criteria for substance use disorder at the time of the initial offending, which was severe in nature and which is currently in sustained remission, in a controlled environment with the assistance of pharmacotherapy.
She was also satisfied that the treatment and supervision component of a DATO (Drug and Alcohol Treatment Order) would be an appropriate intervention and that there were no significant concerns regarding your capacity to participate in such an order.
Ms Szuznac (Exhibit 13) estimated your premorbid intellectual functioning to fall broadly within the average range. You demonstrated a tendency to be overwhelmed when a lot of spoken information was given to you at once, and therefore have trouble taking it in. Your capacity to retain spoken information was intact.
Your cognitive weaknesses included mild difficulties with reading and working memory and moderate difficulties with verbal skills and verbal reasoning. Aspect of your executive function were intact however you showed significant difficulty with idea generation and response inhibition, and there was behavioural evidence of some impulsivity, poor attention to detail, and a tendency to rush.
As to the presence of an ABI, which was the primary purpose for which the report was commissioned, she noted as follows:
It is difficult to categorise the severity of any brain injury that she may have sustained as a result of the motor vehicle accident when she was aged 15, given her inconsistent reports of the accident and the absence of medical records. Her cognitive profile is also not consistent with that typically associated with moderate or severe traumatic brain injury. Taken together, there is limited evidence that she currently presents with a significant acquired brain injury as a result of this accident, or other reported head injuries.
I note that you had reported being involved in other motor vehicle accidents over the years, and episodes of head trauma during the course of acts of family violence.
A mild acquired brain injury as a result of a motor vehicle accident cannot be completely excluded however, it is difficult to be conclusive regarding this diagnosis, given the multiple other contributing factors noted below. Ms [Semak’] deficits in complex attention and executive function are likely of multifactorial aetiology. Firstly, it is possible that symptoms of childhood ADHD have persisted into adulthood and continue to impact on her functioning, given her pattern of impulsive behaviour, difficulty sustaining attention in day to day tasks, motor restlessness and problems with plan. Psychiatric review will be required to confirm this diagnosis and determine appropriate treatment options.
Secondly, Ms [Semak] has a history of complex developmental trauma which can impact on the developmental trajectory of cognitive skills, particularly executive function owing to the impact of chronic stress on the developing brain.
Lastly, early onset heavy cannabis use may also compromise the cognitive development to some extent. With this said, the cognitive profile is not reflective of a severe substance related brain injury, related to other illicit substance use, or hypoxic brain injury related to drug overdoses or episodes of strangulation.
Psychiatric evaluation and psychological counselling has been recommended in the past although Ms [Semak] reported that she has not consistently engaged in either. Primary areas of concern appears to relate to a history of significant trauma and grief and loss, and it seems likely that she has used substances as a means of coping with adverse experiences. She is at continued high risk of permanent cognitive impairment due to substance use should she relapse heavily, as well as poor psychosocial outcomes and recidivism more broadly.
Lastly, Ms Classen (Exhibit 4) in a comprehensive report set out your history and your identified motivation, which I do not repeat here. She noted your reported small family and friendship group. You said 'I associate with my mum, my brother, his wife and my ex. I don't mix with anyone. I don't have any friends'.
You also identified your brother Kane as a prosocial support, and discussed the traumatic event of the house fire in 2023 which so deeply affected his family and yours. Relevantly, Ms Classen noted that you had stable, long-term accommodation in Geelong, close to your children and your mother. I understand your mother moved in to the home and got on the tenancy to keep the house whilst you were otherwise occupied. Ms Classen noted:
Therefore, should Ms [Semak] be agreeable to travel daily for her DATO commitments, the assessor recommends consideration for her to reside outside of the catchment area at her home address, as emergency accommodation in the CBD presents as a high risk for her'.
It is a most sensible recommendation, which I am prepared to adopt. Ms Classen concluded:
Prior to this offending, Ms [Semak] reports a period of abstinence from illicit substances for three and a half years. She presents with meaningful motivation for recovery and highlighted her children as the biggest protective factors for her ongoing recovery journey in the community.

With the proposed individual treatment plan (Exhibit 14), she recommended that should a relapse occur, immediate referral to a residential rehabilitation be made. That is echoing the conclusion of Ms Jones in Exhibit 4, and that is due to your high risk of reoffending, which has been demonstrated in your most recent relapse. Therefore, emergency accommodation should only be used for that temporary period, with longer term intensive treatment to follow. She recommenced you as suitable for a Drug and Alcohol Treatment Order.
Purposes of a Drug and Alcohol Treatment Order
Now the particular purposes of a Drug and Alcohol Treatment Order are:
(i)to facilitate the rehabilitation of the participant offender by providing a judicially supervised therapeutically oriented, integrated Drug and Alcohol Treatment and supervision regime;
(ii)to take account of the offender participant's drug or alcohol dependency;
(iii)to reduce the level of criminal activity associated with drug or alcohol dependency; and
(iv)to reduce the participant's health risks associated with drug or alcohol dependency.
Mr Melasecca on your behalf submitted that notwithstanding the serious offending and your evident challenges, such a disposition was an appropriate disposition in your circumstances and the circumstances of the offending.
Ms Shanmugaratnam conceded on behalf of the Director that it was open to the court to adopt such a course, though did not shy from emphasising the objective gravity of this offending.
Objective Gravity
Now aggravated burglary is a serious offence, as is made clear by the maximum penalty of 25 years, which Parliament has seen fit to impose. It represents a fundamental violation of a person's intimate domestic space and can leave victims with a lasting sense of trauma. This is only too apparent from the victim impact statement (Exhibit 3) he writes of no longer feeling safe, at having to move out of his home, of waking up every night thinking of whether it will happen again, worrying when people knock on the door, experiencing hot sweats, and finally not knowing how to find the words to describe how this has made him feel.
This was a confrontational aggravated burglary committed in company. Your victims were asleep in their bed in the early hours of the morning, 6.30 am when they were awoken by being struck in the face with a wooden stake, and with intruders making demands for various items to be handed over. Weapons were produced by your co-offenders and threats to kill were made, including by you (Charge 2). Your victims were further humiliated and degraded by being ordered at gunpoint to strip naked in your presence, to aid your escape from the premises.
Now your plea was accepted on the basis that prior to entry you were not aware that your co-offenders were in possession of weapons, and that your intent, unlike that of your co-offenders, was only to steal. Had that concession not been made by the prosecution, you would not be in this court.
Also, you plead guilty to theft of items from inside the house and not the vehicle that was stolen by your co‑accused. Nonetheless, as the factual underpinning of your plea to Charge 2 makes plain, you became a willing participant in your co-offenders' enterprise notwithstanding your personal history of profound deprivation and trauma. You carry significant moral culpability for this offending.
General Principles
Now in sentencing you I must have regard to a range of different factors. I must give effect to the principle of general deterrence, that is deter others from behaving as you did, and to specific deterrence, that is to deter you from ever repeating such offending. I must consider the need to protect the community. I must express the community's denunciation of your conduct. I must take into account the effect of your crimes upon the community and have regard to current sentencing practices and statutory maximum penalties for the offences to which you pleaded guilty. I must also ensure, as far as possible, that you are rehabilitated and reintegrated into society. In short, I must try to balance your personal circumstances with the circumstances of your offending. I must also pass no greater sentence than is necessary in all the circumstances of the case, as I find them to be.
Now those sentencing purposes as identified in s5(1) of the Sentencing Act 1991 are all enlivened in your case. Clearly, general and specific deterrence, denunciation, just punishment and protection of the community from your continued offending all loom large in the sentencing process. However, if a court is considering making a DATO, then your rehabilitation, and the protection of the community achieved through your rehabilitation, have greater importance than those other sentencing purposes.
Findings
On all the material in front of me I am satisfied on the balance of probabilities that:
(i)you have a poly-substance dependency
(ii)that your dependency contributed to the commission of the offending in front of me
(iii)that otherwise it would be appropriate to impose an immediate sentence of imprisonment of no more than four years and
(iv)that you are not charged with offending nor are you subject to any order that would make you ineligible for a DATO.
(v)that it is appropriate in all the circumstances to make such an order
In so finding, I have regard to your plea of guilty which was entered at an early opportunity, and which brings with it the practical benefit of saving the community the time, the cost and the trauma to your victims of a trial. It also demonstrates a willingness to facilitate the course of justice. I have regard to your willingness to assist the investigation, by the provision of a statement and your willingness to give evidence, as an example of genuine remorse and not, I find, motivated to any significant extent by self‑interest.
I have regard to your agreed lesser role in the offending. I have regard to your personal history, of deprivation, disadvantage and trauma. I have regard to your time on remand and how you have applied yourself single mindedly to your rehabilitation, including participating in as many programs and counselling as were available to you. You have not wavered in that determination, even in the face of significant family tragedy, when you were not able to support your brother in his grief.
I further have regard to the long period of abstinence that you had achieved prior to this offending, in the face of considerable adversity and disadvantage, including homelessness, and the COVID pandemic. I find there are grounds for optimism for your prospects of rehabilitation provided that you are able to maintain abstinence in the community. I do find that the supports you can be offered from a Drug and Alcohol Treatment Order would give you a good opportunity to achieve that goal again. You told Ms Classen (Exhibit 4):
I just want to go back to being normal and how I was, being able to take my kids to school, doing the lunch boxes, being involved with the school activities that I was before. Having a normal life.
I am prepared to give you the opportunity to put those words into action.
Sentence
On Charges 1, 2 and 3 you are convicted and placed upon a Drug and Alcohol Treatment Order.
A DATO has two parts: the treatment and supervision part and the custodial part. The treatment and supervision part itself has two parts, which are as follows.
The core conditions, which are that:
(a)   you must not commit, whether in or outside of Victoria, another offence punishable on conviction by imprisonment during the time the Order is in force;
(b)   you must attend Drug Court when required by the Court to do so;
(c)   you must report to the Melbourne Drug Court House within two clear working days after the Order is imposed;
(d)   you must report to and accept visits from members of the Drug Court;
(e)   you must undergo treatment for alcohol and drug dependency as specified in the Order or by the Drug Court;
(f)    you must give notice of any change of address, at least two clear working days before the change, to a specified Drug Court officer;
(g)   you are not to leave Victoria without the permission of the Drug Court; and
(h)   you are to obey all lawful instructions from the Drug Court Team.
The core conditions will operate for 24 months, or until further order.
The program conditions, which are that you must:
·        comply with the individual Treatment Plan dated 6 May 2024 and signed by you on 17 July 2024.
·        submit for drug and alcohol testing AS DIRECTED
·        submit to detoxification or other treatment specified in the order AS DIRECTED
·        attend vocational, educational and employment programs AS DIRECTED
·        submit to medical, psychiatric and psychological treatments AS DIRECTED
·        not associate with Nathan GREEN & Alex BURN
·        reside at [omitted] for the duration of the order, or until further order
·        comply with a curfew that you remain at [omitted] between the hours of 9:00 PM and 6:00 AM. This curfew is required until further order
·        not use a drug of dependence without lawful authorisation
·        must only have one mobile phone, and inform the Drug and Alcohol Treatment Court if you change your phone or phone number and reasons for the change;
·        must only access the internet through one Device, which is nominated within 7 days, and inform the Drug and Alcohol Treatment Court if you change Devices and reasons for the change;
·        must allow a designated Drug and Alcohol Treatment Court officer to view upon request at any time your internet search history and applications;
·        must not delete internet search history or any applications without express prior permission of the Drug and Alcohol Treatment Court Team;
·        must not attend Gaming Venues, including but not limited to Crown, TAB venues, RSLs or any other venue with slot machines;
·        must not gamble online or via any Smart Device;
·        must not access any online gaming platforms;
·        must do or not do anything else that the Drug Court considers necessary or appropriate concerning:
(i)your drug and alcohol dependency; and
(ii)the personal factors that the Drug Court considers contributed to your criminal behaviour
The custodial part of the DATO is the term of imprisonment that I would have imposed had I not placed you on a DATO, and it is a term of imprisonment of 39 months. That is made up as follows:
·        Charge 1, aggravated burglary, a term of imprisonment of three years.
·        Charge 2, threats to kill, term of imprisonment of seven months.
·        Charge 3, theft, a term of imprisonment of three months.
I have ordered two months of the sentence on Charge 2 and one month of the sentence on Charge 3 run cumulative to each other and cumulative to the sentence on Charge 1. That is a total effective sentence of 39 months.
I declare pre-sentence detention being a period of 530 days.
Pursuant to s6AAA, had you not pleaded guilty you would have been sentenced to a total effective sentence of five years and four months with a non-parole period of three years and eight months.
Now, you are also at this point waiving all rights of confidentiality of communications between the Drug Court on the one hand and on the other hand, all treatment providers, all Government agencies, authorities and Departments. Do you understand what you are doing, Ms Semak.
OFFENDER: Yes
All right, Ms Semak, do you consent to being placed on a drug and alcohol treatment order?
OFFENDER: Yes I do, Your Honour.

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[2024] VCC 1057

17 July 2024