Director of Public Prosecutions v Singh

[2018] VCC 273

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

AT BENDIGO
CRIMINAL JURISDICTION

CR-16-01366

DIRECTOR OF PUBLIC PROSECUTIONS

v

SONIA SINGH

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JUDGE:	HIS HONOUR JUDGE LACAVA
WHERE HELD:	Bendigo
DATE OF HEARING:
DATE OF SENTENCE:	19 February 2018
CASE MAY BE CITED AS:	DPP v Singh
MEDIUM NEUTRAL CITATION:	[2018] VCC 273

REASONS FOR SENTENCE
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Subject:  Breach of community corrections order.
Sentence:  2 years' imprisonment with a non-parole period of 1 year.

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Miss M. Mahady
For the Accused	Ms A. Hurst

Pages 1 - 3

 

1HIS HONOUR:  You fall to be re-sentenced by me having failed to comply with a Community corrections order that I imposed upon you on 16 March 2017.  On that day I convicted you on one charge of sexual penetration of a child under 16 years of age.  The circumstances of your offending are set out in my revised reasons for sentence as are the reasons why I imposed the sentence of a community corrections order.  These re-sentencing remarks need to be read with my revised reasons for sentence.

2In short, because of your background circumstances, and because you suffer from post-traumatic stress disorder, I reached the opinion that the purposes of sentencing, in what was a very serious example of the offence of sexual penetration of a child under the age of 16 years, could be achieved by making a community corrections order.  Unfortunately, you have failed almost completely to engage with the Department of Corrections and you have breached the community corrections order.

3On 12 September 2017 Corrections issued a breach summons pursuant to s.83AD of the Sentencing Act 1991.  The summons alleged that you failed to comply with the conditions of a community corrections order by failing to report within two clear days of the making of the community corrections order and you failed to report for treatment and rehabilitation, and you failed to be supervised, monitored and managed.  The breaches are admitted or at least not contested.

4A breach report prepared by Corrections dated 13 July 2017 provides a lot more detail of your limited involvement with Corrections from the time I made the community corrections order.  Also you have not completed any of the unpaid community work condition.

5The community corrections order that I made was the seventh occasion you had appeared before a court and been the subject of a community-based disposition of one kind or another. According to the breach report you have breached four of those seven community-based orders in the past. It is therefore not surprising that Corrections recommends that the community corrections order imposed by me should be cancelled and that I should re-sentence you pursuant to s.83AS of the Act.

6Further, at the time of sentencing you I told you that having been convicted of the offence of sexual penetration of a child under 16 years of age, you were a registered sex offender for life within the provisions of the Sex Offenders Registration Act.  I warned you of the obligations that you face under that Act and your legal advisers assured me that you would be fully advised about your obligations.  I have been told you did not report to the police after sentencing and that has triggered a breach of the Sex Offenders Registration Act. In addition, within a fortnight of my having sentenced you, you re-offended committing a dishonesty offence handling stolen goods.  You are yet to be dealt with on these matters.

7Ms Hurst, who appeared on your behalf, conceded the breaches of the community corrections order and conceded you have been charged with other offences yet to be dealt with.  She did not dispute the recommendation of Corrections that the community corrections order I made be cancelled or that you should be re-sentenced on the charge of sexual penetration of a child under the age of 16 years.

8It gives me no pleasure whatsoever in having to send you to gaol, but you committed a serious crime and you have not taken advantage of the sentence that was designed to give you the best possible chance of achieving a full rehabilitation outside of prison and enable you to bring up the child that was conceived as a result of your offending.  That child, I was told and accept, is now in the care of its parental grandparents.

9I find the breaches alleged in the summons dated 12 September 2017 proved. Pursuant to s.83AS of the Sentencing Act 1991 I cancel the community corrections order made the 16 March 2017.  On the summary charge of breach of the Community corrections order you are convicted and sentenced to one month imprisonment.

10On the charge of sexual penetration of a child under 16 years of age you are convicted and re-sentenced to a term of imprisonment of two years.  I fix a minimum term of one year before you are to be eligible for release on parole.

11I declare there has been 43 days pre-sentence detention under the sentence passed this day and that 43 days be reckoned as having been already served and be entered into the records of the court and deducted administratively.

12Any questions arising out of that?

13MISS MAHADY:  No, no.

14MS HURST:  No, sir.

15HIS HONOUR:  Thank you, Ms Singh, I'm going to now terminate the transmission.  Thank you, Ms Hurst, feel free to leave the Bar table.

16MS HURST:  As Your Honour pleases.

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