Director of Public Prosecutions v Simpson

[2016] VCC 1601

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR 16-00130

DIRECTOR OF PUBLIC PROSECUTIONS

v

LEAH SIMPSON

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JUDGE:	HIS HONOUR JUDGE M.P. BOURKE
WHERE HELD:	Melbourne
DATE OF HEARING:
DATE OF SENTENCE:	28 October 2016
CASE MAY BE CITED AS:	DPP v Simpson
MEDIUM NEUTRAL CITATION:	[2016] VCC 1601

REASONS FOR SENTENCE
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Subject:
Catchwords:
Legislation Cited:
Cases Cited:
Sentence:

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr B. Nibbs
For the Offender	Ms N. Vermezovic

HIS HONOUR:

1Stand up, please, Ms Simpson. 

2I have stated my reasons for this order and I think it has been canvassed what happened soon after I did that, so I formally state the sentence again.

3I sentence you as follows:

4For one charge of robbery, I convict and impose a community corrections order of three years' duration.  The usual terms apply, and there are the additional conditions, that you perform over that time 300 hours of unpaid community work; that there be supervision of you; that you undergo assessment and treatment, including testing,  for drug abuse or dependency; and that you undergo mental health assessment and treatment as directed.

5I will not get you to come out of the dock yet, because I need to find out whether you consent to this, so I will read out the conditions and ask whether you do.

6The usual terms are that you do not commit another offence for which you could be imprisoned; that would include possession of even a small amount of drugs such as methylamphetamine.  You must comply with a regulation that prohibits you from attending a work program or appointment or other program affected by alcohol or drugs or in possession of illegal drugs; you must report to and receive visits from Community Corrections; you must report to the relevant Community Corrections office which I will make to be Dandenong.  So could you change that please, Fran?  You must let Community Corrections know within two clear working days of you changing an address or job; you must not leave Victoria without permission; you must obey all lawful directions.

7The additional conditions are that you perform 300 hours of unpaid work over the three years.  I order again that 50 hours of treatment and rehabilitation undertaken can be counted and set against those hours of unpaid work.  You must be under the supervision of a Community Corrections officer for three years; you must undergo assessment and treatment for drug abuse and dependency; and you must undergo mental health assessment and treatment as directed.

8Do you understand all of that?  Do you consent to that?

9OFFENDER:  I do consent.

10HIS HONOUR:  Good.  If you would come out of the dock then, please.  We will just get the final order printed up.  It is Dandenong that is the office of your choice; is that right?

11OFFENDER:  Yes, thank you.

12HIS HONOUR:  Good.  Excellent.  We will get you to sign that and then I will sign it.

13(Community corrections order signed and acknowledged.)

14Are there other orders?

15Perhaps I should restate my s.6AAA indication.  Had you not pleaded guilty, I would have imposed a sentence of eight months' imprisonment.

16Is there a forensic sample order?

17MR NIBBS:  Yes, Your Honour. 

18HIS HONOUR:  Do you want to say anything about that on your client's behalf?

19MS VERMEZOVIC:  Your Honour, if I can seek those instructions briefly.

20HIS HONOUR:  Yes.

21MS VERMEZOVIC:  Your Honour, it's not opposed.

22HIS HONOUR:  Thank you.  It means this, that within eight weeks, really, after four and before eight, you need to attend the relevant police station which ‑ ‑ ‑

23MR NIBBS:  The one thing that isn't enclosed on that order is the police station, because we just need to know what - Frankston Police Station.

24HIS HONOUR:  It is Frankston.  I see.  Yes, that is near where you live, isn't it.  Will I write that in?

25MR NIBBS:  Please, Your Honour.

26HIS HONOUR:  I won't be able to write an address, but I hardly think that matters, does it?

27MR NIBBS:  No, Your Honour.  There's only one police station in Frankston.

28HIS HONOUR:  Yes, last time I was there that was the case.

29MS VERMEZOVIC:  It's on Fletcher Road, Your Honour, if that assists.

30HIS HONOUR:  Thank you.  "At Fletcher Road, Frankston."  I'll put that.

31The reason why I am making the order is the seriousness of the circumstances of this offence.  You do not oppose it. 

32What it means is that you give a sample of your saliva by a cotton swab.  If you cooperate in that, that is the end of it.  If you do not, a sample of blood may be taken by injection and reasonable force used for that.

33You have handed up an order for Ardley.

34MR NIBBS:  Have I?

35HIS HONOUR:  Yes.

36MR NIBBS:  Sorry, I was just reliant on ‑ ‑ ‑

37HIS HONOUR:  He should only supply one sample.

38MR NIBBS:  Yes, Your Honour.

39HIS HONOUR:  Sit down, please.

40MR NIBBS:  Your Honour, it may be if we can just ‑ ‑ ‑

41HIS HONOUR:  You can send it to me in chambers.

42MR NIBBS:  I can send it through to your associate.

43HIS HONOUR:  Send it to me in chambers and I will sign it then.  I have said what I need to say.

44MR NIBBS:  Yes.

45HIS HONOUR:  I need to sign the - only one order has been - yes, thank you.

46MR NIBBS:  We'll get that order ‑ ‑ ‑

47HIS HONOUR:  All right.  We will copy that order, Ms Merrington, so that
Ms Simpson and Ms Vermezovic can have a copy.  Do you need a copy?

48MR NIBBS:  Yes please, Your Honour.

49HIS HONOUR:  And a copy for Mr Nibbs.  All right.  Nothing else needs to be done?

50MR NIBBS:  No, thank you, Your Honour. 

51HIS HONOUR:  Thank you, Mr Nibbs.  Thank you, Ms - I'm sorry, I shouldn't have - it's not a difficult name.  It's me, I'm sorry.

52MS VERMEZOVIC:  That's all right, Your Honour.

53HIS HONOUR:  Thank you for your assistance.  You can go now.

54OFFENDER:  Thank you.

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