Director of Public Prosecutions v Street
[2016] VCC 329
•22 March 2016
| Revised Not Restricted Suitable for Publication |
AT MELBOURNE
CRIMINAL JURISDICTION
CR -15-01015
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| DERMOTT STREET |
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JUDGE: | HIS HONOUR JUDGE STUART |
WHERE HELD: | Melbourne |
DATE OF HEARING: | |
DATE OF SENTENCE: | 22 March 2016 |
CASE MAY BE CITED AS: | DPP v Street |
MEDIUM NEUTRAL CITATION: | [2016] VCC 329 |
EX TEMPORE REASONS FOR SENTENCE
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APPEARANCES: | Counsel | Solicitors |
| For the Director of Public Prosecutions | Ms A. Kapitaniak | Office of Public Prosecutions |
For the Offender | Ms C. Woodward |
HIS HONOUR:
1Dermott Street, on 9 September 2015 I deferred sentencing of you until
21 March 2016 and, due to the trial that I had, the matter was further adjourned from the 21st to today, 22 March.2In my remarks on 9 September 2015 I dealt in some detail with my reasons for deferring sentence and I said in paragraphs 22 to 25:
"However in this case you have demonstrated a desire to make good your life by ridding yourself of your longstanding addiction to ice. There are no half measures in relation to the taking of ice, nor for that matter other drugs in your case. You either give it away and stop moving in those circles or you will return to your use of ice, unlawful conduct and receive lengthier and lengthier periods of imprisonment. Or you, as a young man, now 25, can wake up to yourself, receive the support of your family and start your life again and re-emerge as the person your family once knew.
“I am taking an unusual step in this case of deferring sentence, if you consent to it, for approximately six months for one reason only. You have available to you a place as an inpatient in Melbourne in Odyssey House. As I have discussed with Mr O'Doherty, the learned prosecutor, this program is no walk in the park. Should you decide to abandon this program, then it is back to gaol for you where you can further ruminate of what you want to do with your life.
“If, after that period of six months, you have succeeded in undertaking that program, then when you come back before me, subject to the advices from Odyssey House, you will continue on with that program for a further period of time and I will decide then what formal orders I will make.
“This offers you a chance Mr Street that many do not get. Understand I am giving you a chance. If you do not take it, if you do not use it to the full extent, then I will have no choice and indeed no hesitation in sending you back to gaol. Do you understand that?"
3To which you replied, "Yes".
4As is plain from those statements, the failure to comply with that treatment regime in Odyssey House would result in you going back to gaol. I say, and I would have no hesitation in doing so, in the event you have chosen that course yourself. You were asked to leave the Odyssey House community on 25 January this year as the result of the manner in which you were participating and behaving within the community at the time.
5According to the report from Odyssey House dated 16 March 2016, which became Exhibit DS5 before me today, a range of interventions were put in place to support you in behaviour change and gain insight into what drives your current behaviour. The report states, "Mr Street remained drug free as evidenced by three urine drug screens per week".
6Thus from the time of your admission into that program on 10 September 2015, for a period of six months you were drug free in that establishment. Upon your leaving Odyssey House, you advised police of that fact and you were arrested and placed into custody and now come before me having spent another three months in gaol.
7Thus you have been back and forth to gaol on a number of occasions and all up have served some 167 days pre-sentence detention. In a second heart wrenching letter written by your mother, which became Exhibit DS6. She, in a candid and thoughtful way, has put forward your plight. She describes your conduct since returning to custody as, "...something amazing happened. It was like that ‘lightbulb’ moment had come". It appears that you have now come to the realisation that you do not fit in to prison life, as if anyone could think that they would, but you did.
8Despite your to'ing and fro'ing, your parents have stood by you and intend to continue to do so. It never ceases to amaze me what parents will do as exemplified in this matter. Your mother concluded with this sentence, "He has all our love and support and a safe place to come home to".
9The drug ice is a scourge which ruins lives, ruins families. I have come across cases in court and anecdotally told to me outside of court, of parents who had to throw out their children because of their violence towards them and towards other siblings.
10You have an entrenched addiction to ice. There is, in the end for you, no halfway house. You either give it away and have a life or you continue on self-destructing. At some point your parents may be faced with the same harsh decision. Either to have their own life without you because of your recalcitrance, and who could blame them. That, however, is not the situation. Hopefully it never evolves. Hopefully you make the decisions that you have been avoiding even to present time.
11If you continue on in your wayward way, thinking in some strange manner you can continue on with part of your life in the real world and the other in the drug world, what I said in my sentencing remarks will come about. I intend to give you what may prove to be your last chance in relation to this matter. Stand up, Mr Street.
12I intend to impose a three year Community Corrections Order with you having to perform 300 hours of unpaid community service work and other conditions which include you receiving treatment and rehabilitation for drug and alcohol and you be under the supervision of the Community Corrections officer for that three year period.
13Now before you say you consent, bear this in mind. If you continue your past performances and do not comply with this opportunity, you come back not before a magistrate, not before another judge of this court, you come back before me and I will deal with you by sending you to gaol. Unless there is some very good reason why I should not. Breaching a Community Corrections Order is itself an offence. So think carefully, Mr Street, before you answer. Do you wish and do you consent to entering into that Community Corrections Order?
14OFFENDER: Yes.
15HIS HONOUR: Thank you. It is with some hesitation - you can take a seat, Mr Street. It is with some hesitation that I take this course. You have been assessed as a high risk of re-offending by the Community Corrections officer. You are not found suitable by the Community Corrections officer but despite that assessment I will impose that order.
16The sentence I therefore impose at this junction, you having already served a total of 167 days imprisonment for the armed robbery, will be a three year Community Corrections Order comprising you performing 300 hours community service work, receive treatment and rehabilitation for drug and alcohol use and that you be under the supervision of a Community Corrections officer.
17I will direct that a copy of my sentencing reasons be prepared and provided to the parties as soon as possible in an unrevised form. I will later revise them.
18MS KAPITANIAK: If Your Honour pleases.
19HIS HONOUR: Stand again, Mr Street.
20That means that what I said last time in September and what I have said today I will have on record should you come back in front of me. Give your parents a break. If, for no other reason, give your parents a break and start turning your life around. You have made some good progress, you have got a way to go. Do you understand?
21OFFENDER: Yep.
22HIS HONOUR: Sit down.
23MS WOODWARD: Pardon me, Your Honour, if I just might clarify. Is Your Honour imposing a combined sentence of imprisonment of 167 ‑ ‑ ‑
24HIS HONOUR: No.
25MS WOODWARD: As Your Honour pleases.
26MS KAPITANIAK: Your Honour, there's also some ancillary orders.
27HIS HONOUR: Yes. Just to answer your question, Ms ‑ ‑ ‑
28MS WOODWARD: Woodward.
29HIS HONOUR: Yes. I've just put it away.
30MS WOODWARD: It's been a long day.
31HIS HONOUR: I have taken into account the fact that he has served that period of time and had he not, he would have got a combined period of imprisonment plus a Community Corrections Order.
32MS WOODWARD: As Your Honour pleases.
33HIS HONOUR: That order, of course, is with conviction. Yes, there's some ‑ ‑ ‑
34MS KAPITANIAK: So there's a disposal order ‑ ‑ ‑
35HIS HONOUR: Now your pronunciation of your name, I’m sorry.
36MS KAPITANIAK: Kapitaniak.
37HIS HONOUR: Kapitaniak?
38MS KAPITANIAK: yes.
39HIS HONOUR: It's perfectly phonetic.
40MS KAPITANIAK: Yes indeed. It's a Polish surname that's not often phonetic so ‑ ‑ ‑
41HIS HONOUR: No, that's all right.
42MS KAPITANIAK: Your Honour, there's a disposal order and I understand your Associate's got the orders printed.
43HIS HONOUR: Yes.
44MS KAPITANIAK: So it's just in relation to the clothing. There's a 464ZFB, which is the DNA given that armed robbery is classified as a forensic sample offence.
45HIS HONOUR: Yes.
46MS KAPITANIAK: Also restitution to the petrol station, the amount of $150. I understand that - sorry, that's compensation. I understand that's not opposed? Yes that's not opposed, Your Honour.
47HIS HONOUR: Yes. Hand up those orders and I'll make those orders.
48MS KAPITANIAK: There's obviously no need for 6AAA because no term of imprisonment was ordered.
49HIS HONOUR: All right well I will make those orders in Chambers in due course. Have we got anything tomorrow? Sine die please, Mr McIntyre.
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