Director of Public Prosecutions v Talarico
[2023] VCC 1041
•21 June 2023
| IN THE COUNTY COURT OF VICTORIA AT Melbourne CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
Case No. CR-22-01747
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| ANTHONY TALARICO |
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JUDGE: | HER HONOUR JUDGE GWYNN | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 13 June 2023 | |
DATE OF SENTENCE: | 21 June 2023 | |
CASE MAY BE CITED AS: | DPP v TALARICO | |
MEDIUM NEUTRAL CITATION: | [2023] VCC 1041 | |
REASONS FOR SENTENCE
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Subject:Criminal Law – SENTENCING.
Catchwords: False imprisonment – common law assault – make threat to kill – drive whilst disqualified – exceed speed limit by 45 km/ph or more – use/own unregistered vehicle on highway
Legislation Cited: Sentencing Act 1991 (Vic) s44, s37, s5 6AAA
Cases Cited:Worboyes v the Queen [2021] VSCA 169; R v Verdins & Ors [2007] VSCA 102
Sentence: Total effective sentence of 20 months’ imprisonment combined with a 2 year community corrections order and $2000.00 fine.
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Mr. S. Lee | Office of Public Prosecutions |
| For the Accused | Mr. T. Sullivan | Paul Vale Criminal Law |
HER HONOUR:
1Anthony Talarico, you have pleaded guilty on Indictment N10694924 to charges of false imprisonment, common law assault and threat to kill, all of which occurred on 31 March 2022.
2You have also pleaded guilty to a related summary offence of driving whilst unlicensed.
3In sentencing you for these crimes I must have regard to the maximum penalties for the offences you have committed. Those maximum penalties are as follows:
· False imprisonment and make threat to kill have a maximum penalty of 10 years' imprisonment;
· Common law assault has a maximum of 5 years' imprisonment; and
· Driving whilst unlicensed has a maximum penalty of 6 months' imprisonment.
4You have also plead guilty to a series of unrelated summary offences. Again, I must have regard to the maximum penalties of those offences and they are as follows:
· Driving whilst disqualified – 240 penalty units or 2 years imprisonment;
· Exceed speed by 45 kilometres or more – 20 penalty units; and
· Drive an unregistered vehicle – 25 penalty units for the first offence, or 50 penalty units for the second or subsequent offence.
5The maximum penalties to which I have referred reflect the seriousness with which Parliament regards each of these offences.
6The circumstances of your offending, the subject of the indictment and the related summary offence, were set out in a document entitled 'Prosecution Plea Opening' dated 27 March 2023. This is an agreed document and represents your acceptance of the elements of the offence to which you have pleaded guilty, as well as the factual basis on which I am to sentence.
Offending
7The victim in this matter is Jacqui Cameron.
8You had met Ms Cameron a number of years before the offending and have previously been to her premises in Illawarra Crescent, Dandenong North. You met Felicity Marchmont-Barlow through Ms Cameron.
9You had been in a volatile relationship with Skye Thompson. Ms Cameron was friends with each of you and Ms Cameron was aware that you had previously perpetrated family violence against Ms Thompson. In late March 2022, Ms Cameron provided Ms Thompson with advice about reporting the family violence to police.
10In the early hours of 31 March 2022, you attended at Ms Cameron's address in company with Madeline Kann. Ms Cameron, Ms Marchmont-Barlow and Samuel Rushworth were all at the address.
11You let yourself into the premises and began to question Ms Cameron as to why she had interfered in your relationship with Ms Thompson. You became violent and grabbed her by the throat with both hands. You then punched her to the left eye before hitting her to the right-hand side of her jaw with a pair of pliers. These facts form the basis for Charge 2 on the indictment, common law assault.
12You demanded that Ms Cameron and Ms Marchmont-Barlow go with you in your vehicle. You led them to your car. Madeline Kann sat in the front passenger seat and Ms Thompson and Ms Marchmont-Barlow sat in the rear.
13At approximately 2:45 am, you started driving, forming the basis for the related summary charge of driving whilst unlicensed. When refuelling at BP Eastlink in Wheelers Hill at 2:54 am, you engaged the safety locks on the rear passenger doors.
14You then went to the Lamplighter Hotel in Oakleigh. Ms Kann exited the car and did not return. When you returned to the vehicle Ms Cameron had taken the front passenger seat. It is at this point that the charge of false imprisonment is said to be complete. The charge of false imprisonment is put on the basis that, until that point, Ms Thompson felt compelled to stay in the vehicle due to the perceived threat of further violence. You are not charged with the false imprisonment of Ms Marchant-Barlow and will not be punished for it.
15The remaining facts to which I am about to refer are led as context and provide a complete picture of events post Charge 1 and 2 and in advance of Charge 3, the threat to kill.
16At around 4:10 am you drove with Ms Thompson and Ms Marchmont-Barlow still in the car to the Burvale Hotel. This car was approached by a Sarah Ellul who spoke with you. Ms Kann was also present at the Hotel.
17At around 4:43 am you drove from the Burvale Hotel, with Ms Thompson and Ms Marchmont-Barlow still in the car, to the Canterbury International Hotel in Forest Hill. Ms Kann and Ms Ellul followed in another vehicle.
18You told Ms Cameron and Ms Marchmont-Barlow to get out of the car and the three of you went to a hotel room.
19At 5:50 am CCTV footage shows you leave the hotel with Sarah Ellul. You and Ms Ellul returned and, with Ms Kann, took GHB before you fell asleep.
20Ms Ellul told Ms Cameron that she 'should go'. Ms Cameron demanded her and Ms Marchant- Barlow's phones back. Ms Kann obliged and took them from her bag.
21Ms Cameron and Ms Marchmont-Barlow left the hotel and hid behind a dumpster. They made arrangements to be collected.
22By 8.30 am you had returned to Ms Cameron's house and were demanding to enter the premises and were wanting to know where Ms Cameron was.
23Ms Cameron was in a car nearby and called Triple 0 and waited until the arrival of police. Ms Cameron made a second call to Triple 0 requesting their attendance.
24She then received a call from police who advised that you were seated in your vehicle outside her residence.
25Upon seeing police in the area, you drove to the car in which Ms Cameron was seated and wound down your window. You said to Ms Cameron 'You’re dead. If I go back to jail, my cousins are gonna come and kill you'. You then left the area. These facts form the basis for Charge 3, make threat to kill.
26Police observed a raised bump above Ms Cameron's left eye and faint pink marks on her neck. She was taken home and pointed to a set of pliers in the lounge room, identifying them as being used by you to hit her in the jaw.
27A series of photographs of bruising to Ms Cameron's left eye and of her hands were taken on 2 April 2022.
Arrest and Interview
28You were arrested by police on 7 April 2022 and conveyed to the Dandenong police station where you made a mostly 'no comment' record of interview, as is your right.
Unrelated Summary Offences
29In terms of the unrelated summary offences, police summaries were tendered and read to the court of your unrelated summary offending. I have had recourse to those summaries.
30In short compass, they are driving related offences pertaining to the dates of 29 October 2019, 12 May 2020 and 22 October 2020.
Offence gravity and victim impact
31You have an extremely poor criminal history for driving related offending.
32The 3 sets of unrelated summary offences each contain a charge of driving whilst disqualified and occurred in circumstances where your licence had been disqualified by a court. Your actions show a wanton disregard for court orders, and you have numerous prior convictions for similar behaviour. When driving whilst disqualified on 29 October 2019, you have also admitted to driving at an alleged speed of 106 kilometres in a 60 zone – placing you and other road users at risk. This is a serious example of this particular charge. When driving whilst disqualified on 22 October 2022 you were using an unregistered vehicle, a charge for which you also have numerous prior convictions.
33Of course you were driving whilst unlicensed on 31 March 2022 when the charges on the indictment were committed and did so for an extended period on that occasion.
34Whilst there is no victim impact statement from Ms Jacqui Cameron, your assault of her was in her own home, an environment in which she was entitled to feel safe. You grabbed her throat area with both hands – an inherently dangerous act – and hit her to her jaw with a pair of pliers. According to the information before me, this was all because she had provided some advice to your ex-partner as to how Skye Thompson could protect herself from you. Your resort to such violence in these circumstances is quite frankly nasty and certainly very concerning.
35You then held Ms Cameron captive for between an hour and an hour and a half as you drove around various hotels in Melbourne. It is not suggested that during this time there were further assaults or threats made, nor is any real premeditation or planning apparent, but given your earlier assault of her, I have little doubt that Ms Cameron was fearful for her safety during this time. I do accept the submission made on your behalf that, for offending of this type, the charge of false imprisonment is not at the higher end.
36Of course this ordeal for Ms Cameron was not over and was finalised by your threat to have her killed.
37Overall your actions on 31 March 2022 were an outrageous and continued display of violence, control and aggression.
38In terms of all of your offending, general deterrence, specific deterrence, protection of the community and denunciation are sentencing principles which loom large.
Plea of guilty
39The Sentencing Act 1991 obliges me to take into account the stage at which you entered your guilty plea.
40You were arraigned on 24 March 2023 but had offered to plead guilty to the charges now on the indictment prior to committal proceedings in September 2022. That offer was rejected by the Crown at that time which has meant your matters could not be finalised until today, 21 June 2023.
41Your plea in these circumstances does represent a plea of guilty at an early stage. This is conceded by the Crown.
42In addition, your plea has utilitarian value in saving the court the time and expense of contested proceedings. This is an important factor as your decision to plead guilty has saved witnesses from the trauma of having to give evidence, to be cross‑examined and to relive what would be distressing events.
43In the context of the COVID-19 pandemic there is an additional utilitarian value in providing certainty and finality to all parties in circumstances where the courts operations were significantly disrupted by the pandemic.
44Remorse in your case is harder to discern but you have at least taken responsibility for your offending.
45All of these factors will be taken into account in your favour.
Personal Circumstances
46I now turn to your personal circumstances
47You are currently 37 years of age.
48You spent the majority of your early childhood in New South Wales living with your grandparents and only lived with your mother intermittently. Your mother was a sex worker. You describe your grandmother as quite maternal.
49Your grandparents passed away in 2021 and 2022 and you have suffered emotionally from their deaths due to your close relationships with each of them. You had difficulty coping when your uncle passed away from bone cancer.
50You claim that your mother is not a significant person in your life. You came to live with your father in Melbourne when you were 16 years of age and describe him as an 'okay guy' and that he treated you well when you did live with him.
51You were sexually abused as a very young child by a cousin of your father, a subject about which you are uncomfortable speaking.
52You described yourself as a 'ratbag' in primary school and said it was not easy to learn but that you did manage to pass each year level. You moved schools often.
53You attended school completing your education in Melbourne in Year 10. After leaving school, you got a mechanic's apprenticeship but did not complete it.
54As a teenager you played rugby and enjoyed sports.
55Since leaving school you have had multiple jobs including truck driving, tow truck driving, mechanical work and shopfitting from 2021-2022. You received some Centrelink job seeker payments when you were in-between jobs.
56Illicit drugs have been a big part of your life for a very long time. You engaged in cannabis use and consumed alcohol from the age of only 12 years. You also began using heroin in your early 20s and have used GHB intermittently.
57Methamphetamines are your primary drug of choice. You acknowledge that you felt more 'chaotic' when using that drug but also found it was positive in keeping you awake. You were using this drug daily at the time of the offending before me.
58You were also drinking alcohol to excess and did so daily prior to your remand.
59In the past you have broken multiple bones and have been in a number of car accidents perhaps reflective of your chaotic lifestyle. You have been knocked unconscious several times and are not sure if you have sustained a brain injury.
60Turning to your relationships, you had a five year relationship when you were younger. You claim that ended due to the two of you growing apart and that whilst there were patterns of drug use, there was no violence.
61You had an 'on and off' again relationship with Skye Thompson, the mother of your son, Alex. Alex is three years old and currently in foster care and there are orders in the Children's Court controlling his care and his relationship with both you and his mother.
62There has been a history of Intervention Orders between you and Skye Thompson. Your relationship broke down in the context of mutual drug abuse and losing the care of Alex shortly prior to the offending on the indictment.
Criminal History
63Your prior criminal history does form part of your personal circumstances.
64You have what can only be described as an extensive criminal history including court appearances in Penrith Local Court on 24 November 2011 for offences of dishonesty.
65In Victoria you have some 10 court appearances between 2003 and 2020.
66I do not intend to recite the entirety of that record, but of relevance to the sentencing exercise before me are several appearances.
67On 18 January 2013 you appeared at the Ringwood Magistrates Court for charges of theft and multiple driving offences and were convicted and sentenced to 1 months' imprisonment which was wholly suspended for 12 months. You were disqualified from driving for 3 months. You contravened the suspended sentence imposed.
68On 28 January 2015 you appeared at the Ringwood Magistrates Court in relation to multiple driving offences, including 2 charges of driving whilst disqualified and 3 charges of unlicensed driving, as well as drug and weapon possession. You were convicted and placed on a community corrections order for 18 months with treatment conditions. All licences held were cancelled and disqualified for 12 months.
69You contravened the community corrections order imposed on 28 January 2015 by a range of similar offending. On 25 September 2015 the Ringwood Magistrates Court convicted and sentenced you to 120 days' imprisonment and placed you on a community correction order for a period of 12 months with treatment conditions. Orders were made against your driver's licence for a period of 3 months. You contravened the community correction order.
70On 4 April 2018 you appeared at the Ringwood Magistrates Court for offending which included 3 charges of driving whilst disqualified, 7 charges of unlicensed driving and various other offences of dishonesty, drug possession and weapon possession. You were convicted and placed on a community correction order for a period of 18 months with treatment conditions. You were suspended from driving for 30 days.
71You received 7 days' imprisonment from the Ringwood Magistrates Court on 15 November 2019 for various driving offences and contravening the community correction order imposed 4 April 2018. Your driver's licence was cancelled for 12 months.
72Offences of violence first appear on 22 December 2020 when the Ringwood Magistrates Court convicted and sentenced you to 60 days' imprisonment for offences of family violence, theft and committing an indictable offence whilst on bail. Notably this appearance post-dates all of the unrelated summary offences which could have been dealt with at that hearing. Given your history of driving offences, if the unrelated summary offending had been dealt with on 22 December 2020, it may well have affected the outcome with some increase in penalty. Nevertheless, the fact that the unrelated summary offences all occurred prior to this sentence is relevant to the principle of totality in terms of the hearing on 22 December 2020 and in relation to all matters which are part of my sentencing task.
73I observe that your offending of 31 March 2022 seems to be the most serious of your offending to date.
74Whilst not to be punished for your criminal history a second time, it is relevant to the assessment of the weight I am to give to specific deterrence (that is, putting you off further offending), denunciation and protection of the community. There were some gaps in your offending, certainly between 2003-2009 and 2015‑2018 when presumably you were complying with community expectations. Otherwise, so far short periods of imprisonment have not deterred you, nor have supervisory orders assisted you. You clearly have a history of breaching court orders.
75Your criminal history is also relevant to assessing your prospects of rehabilitation to which I now turn.
Prospects for Rehabilitation
76Your criminal history and very long-standing abuse of drugs would indicate that your prospects of rehabilitation are guarded.
77However, you have now spent 440 days in custody as a consequence of your offending. This does represent the longest period you have been required to serve in custody to date and, in that sense, there has been some value as both a sanction and hopefully a deterrent into the future.
78It is also the longest period you have had away from drug usage. Even if abstinence has been forced upon you, it has still given you the opportunity to experience an extended amount of time drug free and to gain insight as to the benefits.
79You have been prescribed slow-release Buprenorphine to help with your drug addiction, as well as Olanzapine, an anti-psychotic. You have found both of these to be of assistance.
80You have been working in horticulture whilst in prison and have found this work to be both rewarding and interesting.
81With your eye on the future you have obtained a White Card whilst in custody which is required for persons who want to work in construction.
82You have been able to have monthly video contact with your son, Alex, from prison facilitated through the Department of Families, Fairness and Housing. This is a relationship which I accept is important to you. As referred to earlier, extensive orders imposed by the Children's Court are in place for Alex's care which require compliance by you in order for you to maintain your contact with him. I see this as both protective of him and a motivator to you for improved behaviour upon your release.
83In addition, evidence was called from Ms Alana Callender who is prepared to offer you a stable living environment with both her and her daughter, Charlie. You have a long-standing friendship and have previously been in a relationship when each of you were much younger. You have been speaking on the telephone regularly and you have told her how you wish to give away your previous lifestyle. Ms Callender has indicated that, should you return to drug use, you will no longer be welcome. Ms Callender has also located employment for you as a brickies' labourer.
84A report from the Mental Health Advice and Response Service (MHARS) at the Melbourne Magistrates Court dated 19 September 2022 has been tendered. You were on remand at the time that assessment was undertaken. This report confirms that you had one Area Mental Health Service Registration on 4 July 2002 but otherwise have not had an inpatient admission or been subject to compulsory treatment in the community. You had reported a diagnosis of schizophrenia being given to you by your general practitioner when you were 19 years of age and also reported a history of problematic ice use. I accept that you have operated on the basis of the advice that you were given by a general practitioner when you were 19, and have believed since that time that you do suffer from schizophrenia.
85A psychological report authored by Ms Alison Mynard, clinical psychologist, dated 31 May 2023 was tendered on your behalf. This was also in the context of you believing that you have schizophrenia. The Court had ordered a psychiatric assessment of you at the time of your arraignment in March of 2023 being unaware that a report commissioned from your legal representatives was forthcoming.
86Ms Mynard's report sets out much of your personal circumstances, which I have already referenced.
87Ms Mynard repeats that you were diagnosed with schizophrenia when you were 19 years of age. You reported to her that the voices which you did hear have quietened since you have been taking Olanzapine whilst in custody.
88Ms Mynard diagnoses you with Schizophrenia, Generalised Anxiety Disorder, Persistent Depressive Disorder, Borderline Personality Disorder, Stimulant Use Disorder and Cannabis Use Disorder. It does not appear that she had access to your mental health history in preparing her report, only your criminal history, plea indictment, you and summaries of your offending. She did not have access to the Court ordered psychiatric assessment.
89Having received the court ordered psychiatric report authored by Dr David Lien, psychiatric registrar, your Counsel does not place great weight on Ms Mynard's report.
90I note that in your report to Ms Mynard and Dr Lien you do minimise your offending.
91Dr Lien's report is prepared 1 June 2023 but he assessed you on 30 March 2023. He had access to your Justice Health Records, Mental Health Advice and Response Assessment dated 19 September 2022, psychological reports from 2001 and 2002 and actually spoke to your general practitioner.
92In speaking with your general practitioner it appears that you had received a diagnosis of schizophrenia in the context of hearing voices. Your practitioner had not seen you since 2019 and your contact with him overall has been intermittent. Apart from auditory hallucinations, you had not reported other symptoms of schizophrenia. Your doctor could not comment on whether your symptoms were related to drug use.
93Dr Lien opines that you do have several factors which predispose you to mental health and personality difficulties including developmental trauma, instability and early exposure to substance misuse.
94Dr Lien was not satisfied that you do suffer from schizophrenia.
95He notes your long-standing severe substance use.
96According to Dr Lien you have several other mental health symptoms within your personality structure which include impulsivity, emotional instability, unstable relationships, intermittent anxiety and low mood, stress related paranoid ideation and pseudo hallucinations. These interact with your substance use disorder and they exacerbate each other.
97In terms of the actual offending, your drug use at the time appears to have been the primary driver contributing to your disinhibition and impaired decision making.
98Dr Lien states that you would benefit from psychological therapy and drug treatment as well, perhaps obviously, drug abstinence.
99Accepting this unchallenged report, there does not appear to be any application of the Verdins principles and none were pursued on your behalf.
100It may well be of assistance to your treatment needs and reduction of future risk that you do not suffer from a severe mental illness and that treatment recommendations have been made.
Sentencing submissions
101The Crown contend that the gravity of your offending in the context of your prior history warrants the imposition of a head sentence with a non-parole period.
102Your Counsel submits that all relevant sentencing considerations can be reflected in a term of imprisonment in combination with a community correction order.
103Section 44 of the Sentencing Act 1991 states that when sentencing an offender in respect of one, or more than one, offence, a court may make a community correction order in addition to imposing a sentence of imprisonment, only if the sum of all the terms of imprisonment to be served (after deduction of any period of custody that under s18 is reckoned to be a period of imprisonment or detention already served) is one year or less. As referred to earlier, you have 440 days available as presentence detention.
104In order to be better informed, an assessment as to your suitability for a community correction order was sought as well as an updated report from the Mental Health Advise and Response Service.
105In a report dated 15 June 2023, the MHARS had accessed the report of Ms Mynard and Dr Lien as well as Forensicare databases. You are compliant with prescribed medications of Buprenorphine and Olanzapine and want to continue to do so when in the community. You presented with appropriate insight into your mental health and were future focused. A mental health component was recommended should a community correction order be imposed.
106In an assessment outcome report dated 16 June 2023 you were described as forthcoming in the assessment process. In this assessment you did acknowledge responsibility for your offending and expressed some remorse. You were assessed as unsuitable for a community correction order because you told the assessor that you had been having monthly video contact from custody with your son as facilitated by the Department of Families Fairness and Housing but also that there was a current Final Intervention order in place. The writer states:
'in the absence of any confirmation that such an arrangement is lawful, Mr Talarico is deemed an unsuitable candidate for a corrections order'.
107Court orders obtained from the Children's Court of Victoria would indicate that you were permitted access with Alex for one hour a week supervised by the Department of Families Fairness and Housing. Of course, this was facilitated remotely whilst you were in custody.
108I have not been provided with a copy of any relevant intervention orders.
109Section 37 of the Sentencing Act obliges me to seek an assessment when considering the imposition of such an order. The making of any order also requires the consent of the offender and you have indicated your consent. I am not prohibited from making an order because you have been assessed as unsuitable.
110I do not see the recommendation made in the assessment undertaken as a basis to form the view that you should not be subjected to such an order.
Sentencing Principles
111The basic purposes for which a court may impose a sentence are punishment, general and specific deterrence, rehabilitation, denunciation and protection of the community. In sentencing you, I must have regard to a range of matters such as the seriousness of the offending, your culpability for it, your personal circumstances and those of any victim.
112I must also balance the interest of the community in denouncing criminal conduct with the interest of the community in seeking to ensure, where possible, that offenders are rehabilitated and are reintegrated into society. I do express my denunciation of your behaviour but have taken the view that you are at a point in your life where you are prepared to make positive change.
113I have taken into account the sentencing guidelines referred to in s5 of the Sentencing Act 1991 where relevant to your case. I have taken into account current sentencing practices for the offences to which you have pleaded guilty and the important principles of both totality and proportionality.
Sentence
114For the unrelated summary offence of drive unregistered vehicle, you are convicted and fined the amount of $1,000. As indicated earlier, you have numerous priors for this offence and it is a fine only offence.
115For the unrelated summary offence of exceed speed by 45 kilometers or more, you are convicted and fined the amount of $1,000. This is also a fine only offence. However, it is a charge which carries a mandatory loss of license for a period of 12 months. Given your history and your high speed, all licenses are cancelled and disqualified for a period of 18 months.
116In terms of the unrelated summary offences punishable by imprisonment, that is, the three charges of driving whilst disqualified, I propose to impose an aggregate sentence as I am satisfied that those offences are founded on the same facts, or form, or are part of, a series of offences of the same or a similar character. In so doing, I again bear in mind the principles of totality and proportionality which have application to all charges on the indictment and the related summary offence.
117For those 3 charges all driver's licences are cancelled and disqualified for a period of 2 years.
118For the 3 charges of driving whilst disqualified you are convicted and sentenced to an aggregate of 10 months' imprisonment.
119For the related summary charge of unlicensed driving, you are convicted and sentenced to 4 months' imprisonment. It is part and parcel of your offending on 31 March 2022, and I propose that this sentence be concurrent with the others I am about to announce.
120For the charges on the Indictment N10694924 you are sentenced as follows:
· Charge 1 – false imprisonment. You are convicted and sentenced to 14 months' imprisonment. This is the base sentence.
· Charge 2 – common-law assault. As indicated earlier, a particularly nasty circumstance, you are convicted and sentenced to 8 months' imprisonment. Two months are cumulative on the base sentence.
· Charge 3 – threat to kill. You are convicted and sentenced to 8 months' imprisonment. Two months is cumulative on each of the sentences imposed on Charge 1 and 2.
121This comprises a total effective sentence of 18 months' imprisonment which will be in combination with a community corrections order of 2 years duration, the details of which I will shortly refer.
122In terms of the 10-month period of imprisonment imposed for the 3 charges of driving whilst disqualified, two months of this sentence are cumulative on the sentence announced in relation to Indictment N10694924.
123In effect, you will serve 20 months before being subject to a community correction order of 2 years duration; 440 days will be reckoned as served.
124In terms of the community correction order, I can only place you on that order if you consent and I will give you the opportunity to speak to Mr Sullivan about that, but the correction order will have the following conditions:
(i)Supervision by the Office of Corrections;
(ii)175 hours of community work;
(iii)Treatment for both drug and alcohol abuse;
(iv)Treatment for your mental health;
(v)75 hours of treatment is to be offset against the community work component - more treatment, less community work.
125In addition to the conditions that I have imposed there are standard conditions, you should be familiar with them given your history. The first and foremost of those is that you must not commit any other offences during the 2 year period which could be punished by imprisonment.
126You must report within two working days of your release to the nearest corrections office. You are required to advise your supervising office of any change of address of where you are living or working and must do so within 2 clear working days. It is a term of all community corrections orders that you must submit to visits as directed and you must obey all of the instructions and directions of a corrections officer. You are not able to leave the State of Victoria without the prior permission of your corrections office.
127In my view, this order offers protection to the community in fostering your rehabilitation, yet swift response should you be non-compliant. It presents you with a chance to change your life in a positive fashion should you choose to take up that opportunity and the supports that I intend be made available. The order can be breached if you do not comply with it in terms of the conditions or reoffend by an offence punishable by imprisonment whilst it is in place. If you do, you will have to appear before me for breaching the order and I may have to resentence you on the charges which saw you placed on that order as well as for a charge of contravening the corrections order.
128Section 6AAA of the Sentencing Act requires me to state the sentence that I would have imposed had you not pleaded guilty to the charges. If not for your plea of guilty you would have been sentenced to 3 years and 2 months imprisonment with a minimum of 24 months before being eligible for parole.
129What I am going to do is give you the opportunity to speak to Mr Sullivan about whether or not you are prepared to consent to that order and I will come back when you have provided those instructions. Then, as indicated, I will give you the opportunity to speak to Mr Sullivan privately about what the sentence actually means.
130MR SULLIVAN: As it pleases Your Honour.
131MR LEE: The Court pleases.
132HER HONOUR: All right, so I will stand down temporarily so that you can at least obtain the instructions about whether he is prepared to do the corrections order.
133MR SULLIVAN: Yes, Your Honour.
134(Short adjournment.)
135HER HONOUR: Thank you, Mr Sullivan.
136MR SULLIVAN: Mr Talarico consents to the community corrections order, Your Honour.
137HER HONOUR: All right. Well I will stand down.
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