Director of Public Prosecutions v Tracey Perry (a pseudonym)
[2020] VCC 2015
•8 December 2020
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
KOORI COURT DIVISION
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| TRACEY PERRY (a pseudonym) |
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JUDGE: | HER HONOUR JUDGE LAWSON | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 16 November 2020 | |
DATE OF SENTENCE: | 8 December 2020 | |
CASE MAY BE CITED AS: | DPP v Tracey Perry (a pseudonym) | |
MEDIUM NEUTRAL CITATION: | [2020] VCC 2015 | |
REASONS FOR SENTENCE
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Subject:
Criminal law – sentencing – home invasion and theft and related summary Charge 6, non-prohibited person possess imitation firearm – sentencing conversation – substantial and compelling circumstances that are exceptional and rare – s5(2H)(e) Sentencing Act 1991
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Ms H. Baxter | Abbey Hogan Solicitor for the Director of Public Prosecutions |
| For the Accused | Ms L. Kelly | Bayside Solicitors |
HER HONOUR:
1 Tracey Perry[1], you have pleaded guilty before me to one charge of home invasion, two charges of theft and a related charge, being Summary Charge 6, non-prohibited person possess imitation firearm.
[1] A pseudonym.
2
The offending is serious and that is reflected in the maximum penalties that are prescribed by Parliament for each of the offences and they are: home invasion, 25 years’ imprisonment; theft, 10 years’ imprisonment; and being a
non-prohibited person possess imitation firearm, 240 penalty units or 2 years’ imprisonment.
3 You have admitted your prior criminal history. There are four appearances in the Children’s Court spanning from 14 December 2018 to 29 October 2019.
4 You first came before the Children's Court at age 16. There are appearances for charges of dishonesty and property type offences as well as breach of court orders in relation to Family Violence Intervention Orders, negligently dealing with proceeds of crime, attempt to escape from police custody, committing indictable offences whilst on bail, theft from shops and unlawful assault.
5 Your past court appearances reflect your personal living circumstances. You left home in your mid-teen years because of significant conflict with your parents. A Family Violence Intervention Order was taken out to protect your father and that prevented you from returning to live at the family home. You were using illicit drugs heavily and had no stable place of residence. You were moving from refuge to refuge and living on the street mixing with negative peers.
6 In October 2019 without conviction you were placed on a good behaviour bond in relation to a charge of unlawful assault. The present offending breaches the bond and that is an aggravating feature and does to an extent reflect poorly on your rehabilitation prospects.
7 You have been placed on a therapeutic Community Correction Order of 15 months' duration for subsequent charges by Magistrate Tan in 2020. That is in respect of various dishonesty offences.
8 I shall proceed to sentence you on the basis of the summary of the prosecution opening that is dated 7 September 2020.
9 You were 18 at the time of the offending and you are now 19. You are a young offender.[2]
[2]S3(1) Sentencing Act 1991
10 The principles of Mills[3] and Azzopardi[4] are applicable. Rehabilitation is an important sentencing consideration. A youthful offender is not to be sent to an adult prison if such a disposition can be avoided, especially where an offender is beginning to appreciate the effect of his/her past criminality.
[3](1998) 4 VR 235.
[4](2011) 35 VR 43.
11 The two co‑offenders, Cory Johnson[5] and Stanley James,[6] have both been dealt with in the Children’s Court.
[5]A pseudonym.
[6]A pseudonym.
12 Johnson was sentenced in the Melbourne Children’s Court in January 2020. He was released on a Youth Supervision Order for a period of 12 months without conviction and that was for one charge of aggravated burglary, two charges of theft of a motor vehicle and possess methamphetamine.
13 James was sentenced in the Frankston Children’s Court in May 2020. He was sentenced in respect to one charge of home invasion, three charges of theft of motor vehicle, possess imitation firearm, drive at speed dangerous and various drug offences. He was convicted and sentenced to an aggregate sentence in a Youth Justice Centre for a period of 5 months.
14 The Prosecution accept that his prior criminal history is more significant than yours and Johnson’s as well.
15 I now turn to the circumstances. The home invasion occurred in the early hours in December 2019. You attended Frankston South in company with James and Johnson.
16 The occupants of the house, Melody Carter,[7] Gary Patterson[8] and their two adult children were asleep inside the house.
[7]A pseudonym.
[8]A pseudonym.
17 There were two parked cars outside the address in their driveway namely; a 2012 Jaguar and a 2013 Mitsubishi Triton. Another vehicle namely a 2017 Toyota Corolla was parked nearby in the street.
18 You and James entered the property through an unlocked back door and Johnson stayed outside acting as lookout.
19 Once inside, you walked to the front door to a small table where the victims kept the keys to the respective vehicles’, and you stole three sets of car keys belonging to the three vehicles. (Charge 1 – home invasion)
20 All three of you then got into the Mitsubishi Triton and the vehicle was put into neutral and rolled down the driveway so that you could access the Jaguar. The Triton was left in the middle of the road. You all got into the Jaguar and drove it away. You all later returned to the victims’ address with an unidentified male. Johnson and the unidentified male then drove away in the Corolla. James drove the Jaguar and you were seated in the front passenger seat. (Charges 2 and 3 – theft)
21 At approximately 3:28am police saw the Corolla and the Jaguar travelling in tandem driving south on Doveton Avenue, Eumemmering. Both vehicles were observed to be driving slightly above the speed limit and at that time the vehicles had not been reported stolen.
22 Police did attempt to intercept the vehicles but that did not occur and ultimately they did not engage in a pursuit of the vehicles.
23 At 4:00am the victims were awoken by police who told them that the Jaguar had been involved in a police chase and the victims realised that their vehicles had been stolen.
24 Later on that day, 3 December 2019, James was seen driving the stolen Jaguar by an independent witness.
25 On 4 December 2019, police attended at James’s address where the stolen Corolla was located approximately 100 metres away. He was arrested with Johnson and another.
26 Police located an imitation firearm in James’s bedroom as well as the keys to the stolen Toyota Corolla and Jaguar.
27 Police seized James’s phone on which they located Facebook messages between yourself and him that revealed messages passing between you both about the stolen vehicles.
28 Police were directed to a nearby set of shops where the stolen Jaguar was parked.
29 On 6 December, you were arrested and participated in a “no comment” record of interview, as is your right.
30 Your phone was seized and it contained relevant material including a photograph of you and your co‑offenders holding an imitation firearm.
31 The fact that you were photographed holding an imitation firearm forms the basis of the related summary offence, namely possession of an imitation firearm.
32 In formulating the appropriate sentence I have had regard to the gravity of the offending. I consider the offence of home invasion to be at the lower end of seriousness for this serious offence. You were not armed on entry to the home, there was no confrontation between you and your co-offender and the occupants of the home. You entered through an unlocked door and, as such, there was no forced entry. It is opportunistic offending and, once you obtained the keys to the vehicles, you left the home promptly, causing no further disturbance.
33 However, you did offend in the early hours of the morning at a time when the victims were asleep in their home and were vulnerable.
34 Gary Patterson, on behalf of himself and his family, sets out in his victim impact statement declared 28 September 2020, the consequences of your actions and in particular, the emotional impacts of your crime. He says that the family was all shocked that this could happen and that they felt violated about people being in the house whilst they slept. This caused both he and his family to feel terrified and totally worried that it could happen again. They all had trouble sleeping for a long time afterwards and were very jumpy when they heard strange noises at night. Anger was another emotion experienced by the family as they had their cars stolen and further they had worked so hard to buy these cars and to have them taken was a terrible feeling and they were annoyed at the thought of someone being in their cars who should not have been.
35 People are entitled to feel safe and secure in the sanctity of their homes. Your crime strikes directly at the heart of that principle and encroached upon that family's sense of security and safety. Such offending is serious and ordinarily a sentence of imprisonment ought be imposed.
36 As was stated by the elders, Aunty Jackie Stewart and Aunty Lynne McGuinness, when they spoke to you in the sentencing conversation, they stressed how serious the offending was. It invaded the privacy of the victims and you took their personal belongings which would have caused great inconvenience. Both elders empathised to you the need to respect other people and their property and through your actions you shamed yourself and your community.
37 In relation to the vehicles, fortunately they were recovered by police and they were undamaged. Nonetheless, the theft of the vehicles is serious, and your actions did cause some inconvenience.
38 In respect to the charge of the possession of the imitation firearm, that was limited to the single date when you were captured on a video posing with the firearm, and that video was located on your phone and, again, as was emphasised by Aunty Jackie Stewart in the sentencing conversation, such an action on your part was very irresponsible.
39 The context to the offending was that you were living away from home, you were using illicit drugs heavily and chroming. Whilst providing an explanation for the offending it does not in any way excuse the offending.
40 Deterrence, denunciation and community protection must be emphasised in the sentence.
41 You were charged and remanded on 6 January 2020. In February 2020 a bail application was made and granted and in total you spent 33 days at the Dame Phyllis Frost centre (an adult prison for women) in pre-sentence detention. You found that experience very difficult.
42 You pleaded guilty at the earliest opportunity at the first committal mention on 1 May 2020.
43 Turning to your personal history and background; you identify as Aboriginal through your mother, Carla[9]. Her people are Gubbi Gubbi from Queensland. Your maternal family is part of the Stolen Generations. They lived at the Cherbourg Mission in Far North Queensland. You have subsequently found out more about your family history through your relationship with an elder at Bunjilwarra and you are keen to learn more and connect with your family and culture in the future.
[9] A pseudonym.
44 Bunjilwarra is a residential treatment program that is located in Hastings that has been established through the Aboriginal Health Service and YSAS to provide a service for drug treatment and detoxification for young people in a culturally safe and supportive environment. In early 2019, you were assessed and found suitable to attend the program. You completed the program and graduated in August 2019. You then returned back to Bunjilwarra in February 2020 after your release on bail.
45 An important aspect of your case was that you voluntarily consented to having your sentencing hearing heard in the Koori Court division. In doing so, you agreed to participate in a process that involved you appearing before two Elders and Respected Persons from the Koori community, namely Aunty Jackie Stewart and Aunty Lynne McGuinness.
46 The Court of Appeal in Victoria has recognised that the "sentencing conversation" in the Koori Court is designed to further the reformation of an Aboriginal offender.[10]
[10]See The Queen v Steelie Morgan [2010] VSCA 14 at [11], confirmed in Honeysett v The Queen (2018) 56 VR 375 and DPP v Heyfron [2019] VSCA 130.
47 At the sentencing conversation, you were well-supported by your mother Carla, and father, Josh,[11] as well as Peter Dawson, who is Lead Clinician at Bunjilwarra.
[11]A pseudonym.
48 You engaged well with the Elders and spoke openly with them about the offending, your role in the offending and what you could do to avoid further offending in the future. The elders both challenged you and shamed you concerning your behaviour.
49 I am satisfied that you genuinely participated in the process and that is a factor that mitigates punishment.
50 Both elders emphasised to you the need for you to reflect on your behaviour and to accept responsibility for your actions and to know that there are consequences that always flow from your actions. They urged you to continue to accept help and that your emotional and spiritual wellbeing was very important. They urged you to focus on building your career in your business and aim for positive milestones for the future so that you can avoid the cycle of offending and gaol. They encouraged you to remain drug free and to be very careful about your friendships. They suggested that you seek further cultural support through Mungabareena Co-operative in Albury, Rumbalara Co-operative in Shepparton and the Taungurung Co-operative and they urged you to draw on your strong cultural values so that you not offend in the future.
51 An important aspect of your matter is that you have reconciled with your parents and you are currently living with them in a small town in a rural city.
52 You were born in Stawell, Victoria and a large part of your early life was lived on the Mornington Peninsula.
53 Both your parents had been previously married and you have two half-sisters and a half-brother, each of whom are older. You are the youngest in the family.
54 You grew up in a supportive home. Your father, a Vietnam Veteran, suffered from PTSD and depression and he was described as being a very strict disciplinarian.
55 You have been diagnosed with Attention Deficit Hyperactivity Disorder (“ADHD”), oppositional defiance disorder, depression and anxiety and recently borderline personality disorder.
56 You were initially diagnosed at the age of 12 with Attention Deficit Hyperactivity Disorder. You have a long history of self-harm (involving cutting) since you were aged 13. You have had numerous hospital admissions to the Monash Medical Centre, Child and Adolescent Health as well as Frankston Hospital Psychiatric Centre.
57 Your parents attempted inappropriate physical discipline when you were a child in an attempt to curb your difficult behaviours. They attempted multiple other strategies to manage your behaviour without success. Your relationship with your parents became so strained that a Family Violence Intervention Order was taken out that I mentioned earlier. Fortunately, because your relationship has been restored, that order has now been withdrawn.
58 As a young teenager, you experienced low mood and low self-esteem and at school you were the target of bullying and racists remarks. You felt like you did not fit in. You had difficulties in establishing relationships at school. From an early age you had difficulties with aggression and getting into fights with other children.
59 You left one school partway through Year 9 because of conflict with teachers and other students. You then attended two nearby schools for some weeks but you did not settle. Around this time, you were using methylamphetamine and GHB heavily and your life spiralled out of control. Your drug use became chronic.
60 Leaving school, you were able to obtain some work in hospitality but that was for a limited time only and your drug use impacted greatly on your ability to be able to continue working.
61 Your use of methylamphetamines became established and you were using daily. You were combining methamphetamine with cannabis as well as alcohol.
62 In the past you have suffered from overdoses as well as there being some suicide attempts and you have experienced suicidal ideation over the years.
63 In your late teens you were sexually assaulted whilst affected by drugs and that has left you with unresolved trauma. Due to the circumstances of the assault you elected not to press charges.
64 In July 2020, there was a suicide attempt following which you were briefly admitted to Frankston Hospital psychiatric ward at which time you were diagnosed with borderline personality disorder.
65 I have noted your family history that you left home abruptly when you were in your early teens years and then had no contact with your family for almost three years. Your parents did not know where you were for that period of time associated with when you were using drugs heavily.
66 With the support of the workers at Bunjilwarra during 2019 you began the process of rekindling your relationship with your parents with whom you are now reconciled. Your parents are fully supportive of you and spoke to the court during the sentencing conversation of the significant changes in your behaviour that they have observed.
67 Your father, Josh, confirmed that having you living back home with them has been a dramatic and significant change in their life circumstances. He described the family as having benefitted greatly by you being drug-free and reconciling with them and you are no longer that negative, self-destructive, volatile person that they knew and experienced previously.
68 Your mother, Carla, said that she was really impressed with the changes she has observed and she remarked that your life is so different now from what it had been in the past.
69 Tracey Perry, you have good supports around you. Currently, you are seeing general practitioners in nearby country town for your treatment and support and you have also recommenced seeing Dr Michael Piperoglou, psychiatrist, and he has been maintaining treatment utilising telehealth.
70 You are committed to remaining drug-free and have articulated a plan for the future.
71 In the sentencing conversation, you said that you are nearly 20 and have come to the realisation that you need to grow up and take responsibility for your actions and that you do want to establish your own business, purchase a car and live independently.
72 You acknowledged how your actions in the past had affected the various victims and you said that your morals had changed and you are much more empathetic to others and you accept that what you did was horrible.
73 You expressed a willingness to receive further help with your various mental health conditions, as well as your drug and alcohol addictions. You acknowledged that you need to keep working on relapse prevention so that you can keep your life back on the right track.
74 You have a positive relationship with the workers at Bunjilwarra and we heard at the sentencing conversation from Peter Dawson who is a social worker and clinical lead at the program. He confirmed how you initially had difficulties settling into the program but eventually you were able to graduate. He said when you returned in February, it was unfortunate that the program could not support you as well as it should have, and it was very challenging for you. He acknowledged that that is often a difficulty with people with borderline personality disorder. Nonetheless the staff at Bunjilwarra have and continue to remain supportive of you and you have regular phone contact with them.
75 You successfully graduated from Bunjilwarra in August 2019 but unfortunately not long after your graduation, you commenced a relationship with a male whom you had met at the Parkville Youth Justice Centre after graduating and soon relapsed into heavy drug use. The relationship is described in the materials as being extremely conflictual and destructive. You were isolated from your family and community supports and were physically and emotionally abused by your partner. You were reintroduced to substance abuse by him and that is also further context to the present offending.
76 The relationship has since ceased and you no longer have relationships with him and former associates with whom you offended.
77 Peter Dawson spoke highly of you and your commitment to change and he encouraged you to keep making good decisions and confirmed that many of the people associated with you during the program are very proud of your progress.
78 I have had regard to the contents of the report of Dr Clare McInerney, forensic psychiatrist. Her reports are dated 23 September 2020 and 29 September 2020 as well as the report of Dr Aaron Cunningham, consultant psychiatrist, dated 30 January 2020.
79 Dr McInerney and Dr Cunningham both confirmed you have active symptoms of ADHD that requires ongoing treatment and monitoring and they both recommend treatment in respect to your drug addictions. Dr McInerney said whilst ADHD will not have affected your ability to appreciate the wrongfulness of your actions, she says that may have, combined with intoxication, further impaired your ability to make calm and rational choices.
80 She also supports the view that you have symptoms of borderline personality disorder and confirms that this is a difficult diagnosis to make on the basis of just one interview but her interview supported the view that was apparently expressed by the Frankston Hospital Psychiatric Ward that you have symptoms of this disorder.
81 Both Dr McInerney and Dr Cunningham recommend complete abstinence.
82 Dr McInerney states given the severity of your substance use and the early age at which you commenced, that you will need to address or continue to address the addictions through counselling throughout the coming years.
83 She recommends long term therapy from either a psychiatrist or a psychologist with an interest in trauma and borderline personality disorder. With appropriate interventions she considers your prospects for rehabilitation are good.
84 Dr McInerney expressed her opinion that people with ADHD struggle with prison routines and experience a more punitive regime than others as a result of their condition and, additionally, people with borderline personality disorder can do poorly in custody, experiencing more distress than people without the condition. With the restrictions associated with the COVID-19 pandemic, which may include extended periods of isolation or protective quarantine, that could be very challenging for you given your vulnerable mental state.
85 I noted the contents of Dr Michael Piperoglou's letter of 15 May 2020. He confirms that he is treating you in respect to your ADHD as well as childhood abuse and trauma and he is actively medicating you in respect to depression.
86 I have had regard to the contents of the report from Melanie Canning, psychologist, at Bunjilwarra. She notes that you were properly engaged with her and you were capable of making some significant changes for the future.
87 Peter Dawson in his written reports confirms your attendance at Bunjilwarra. In the sentencing conversation he confirmed that there was a total of 49 days at Bunjilwarra where you attended the program but it was very disrupted unfortunately because of the COVID pandemic and also because of the difficulties you experienced and so you were asked to leave but he noted that you were compliant with treatment and he considered you ultimately to be a very positive member of the Bunjilwarra community.
88 He confirmed the important and very strong relationship that you built with the elder, Aunty Helen at Bunjilwarra, who provided you with strong and cultural guidance.
89 I have regard to all the matters put in mitigation. I note that there was real utility in your plea. It was entered at the earliest opportunity and it is accepted in the context of the COVID-19 pandemic, such a plea does carry higher utilitarian value. I accept in the circumstances your plea is evidence of genuine remorse. Overall, I am satisfied you have facilitated justice and your sentence will be discounted accordingly.
90 I have taken into account the time that you spent at Bunjilwarra and I refer to the decision of Akoha.[12]
[12]Akoha v the Queen [2017] VSCA 214
91 I consider, having regard to your current circumstances and excellent community supports, that you do have excellent prospects of rehabilitation. You have made significant progress to date.
92 You now show good insight into your offending behaviours and you have taken every step possible to address those behaviours whilst you have been on bail.
93 I have had regard to your genuine participation in the sentencing conversation. You accepted the comments made by the elders and you were appropriately shamed.
94 Importantly you now understand the connection between your drug use and offending and also the need to have appropriate mental health treatment. You expressed clearly a positive intention to reform and you have demonstrated through your behaviour that you are capable of reformation.
95 This is the first occasion where you have faced sentencing in an adult court. The fact that you participated in such a meaningful way is significant, in addition to the other features that I have highlighted.
96 I accept that you are now truly remorseful and that you are capable of genuine victim empathy.
97 You have now been on bail since February 2020 and have not used drugs since January 2020. Given that in the past you were described as being a volatile person who is heavily impacted by chronic drug use, such an achievement is truly remarkable.
98 You have benefited from the positive support provided by the Bunjilwarra Program which support is ongoing. You are now being supported and appropriately treated in respect to your mental health conditions and you are motivated to continue such treatment.
99 You have reconciled with your parents and you are now living with them in settled and secure accommodation. Overall, I consider that specific deterrence has less a role to play in your sentence than would otherwise have been expected given your demonstrated behaviour over the passage of time since this offending occurred.
100 You have pleaded guilty to a charge of home invasion and as that is a Category 2 offence, s5(2H) of the Sentencing Act, requires me to make an order under Division 2 of Part 3 (that is, a custodial order), unless one of the circumstances set out in paragraphs (a)-(e) of s5(2H) is established.
101 Your counsel, Ms Kelly, sought to rely on paragraph (e), namely that there were “substantial and compelling circumstances” that were “exceptional and rare,” that justifies the court not making a custodial order.
102 Ms Baxter submitted in her written submissions that the court ought not make such a finding.
103 Overall, having regard to the particular features of your case that I have already highlighted, I consider that there are substantial and compelling circumstances that are exceptional and rare.
104
The extensive material before the court confirms that, in the past, you have experienced complex trauma through exposure to personal violence, sexual assault and physical abuse. You suffered bullying and racism at school. Your family life in your teenage years was severely disrupted and you have a
long-established history of self-harm and mental health issues as well as a chronic drug habit that continued up until the time of the offending.
105 In addition, there are the unresolved issues in relation to your history of sexual assault. You were estranged from your family for a significant period of time at a time when you were very young and extremely vulnerable and suffering mental health issues without appropriate support. For such a young person, who has experienced such significant, extensive and complex traumas, as I have described, your current situation is truly remarkable.
106 The evidence shows that you have taken real and significant steps to address each of the behaviours that were contributing to your offending and importantly, you successfully rekindled your relationship with your parents so that you are now reconciled and living with them with their support.
107 Such a transformation is truly remarkable. You now present as being emotionally and psychologically stable and positive about the future. You have demonstrated that you do understand the detrimental impact on your physical, emotional and psychological health and wellbeing that drug use brings and you have been able to draw on the cultural support, as well as treatments provided at Bunjilwarra, so you are now acting more maturely and responsibly.
108 You are a young offender who recognises the need for appropriate supports and services into the future. To imprison you now would sever your therapeutic relationships and potentially jeopardise the impressive progress that you have made to date.
109 Your genuine participation in the sentencing conversation reinforces your commitment to change and actively demonstrates your commitment and willingness to accept support services in the community.
110 You present as being dramatically different from the person who committed this offending. You are no longer self-destructive and you are behaving in a more appropriate and prosocial way.
111 In making a finding as to the existence of substantial and compelling circumstances that were exceptional and rare, for the purposes of s5(2H)(e), I consider that all of those factors combine to make such a finding as well as the features of your circumstances, namely:
· your youth and immaturity;
· your poor mental health at the time of offending that was not being treated;
· your genuine remorse;
· your established rehabilitation and compliance with your strict bail conditions;
· your genuine transformation; and importantly
· the rebuilding and rekindling of your relationship with your family are all significant factors.
112 In addition, because of your features of borderline personality disorder and ADHD, I consider that you would be especially vulnerable in custody, and that would impact upon your ability to continue to address your underlying offending behaviours and potentially destroy your rehabilitation prospects.
113 Those features all combine such that I consider that a finding that there are substantial and compelling circumstances that are exceptional and rare is open such as to justify not making a custodial order.
114 In coming to that conclusion, I have had regard to the decision of the Court of Appeal in Farmer v The Queen.[13] I understand that s5(2H) is a very high hurdle that will not often be surmounted, and that it is a stringent test. I have had regard to the factors set out in s5(2HC) and s5(2I).
[13][2020] VSCA 140
115 In formulating a just sentence, I must appropriately punish you and denounce your offending. Notwithstanding that I consider that you do have excellent prospects of rehabilitation and I have moderated the need for specific deterrence, I consider general deterrence still remains important in emphasising for offending of this nature.
116 In formulating the sentence, I have had regard to the guideline sentencing judgment of Boulton v The Queen,[14] where the Court of Appeal there spoke about the negative impacts upon youth of imprisonment and it was also accepted that a Community Correction Order can be punitive and capable of deterring others and providing for specific deterrence.
[14][2014] VSCA 342.
117 It is important that a sentencing court looks to the future, as well as to the past and there is real benefit to the community at large, as well as to you individually and your family, if you can continue to be supported and future criminal activity can be avoided.
118 You have been assessed as suitable for a Community Correction Order with recommendations in relation to supervision, treatment and assessment for drug and alcohol addiction, mental health conditions and judicial monotiling. I have already explained to you the nature of the order proposed and you have given your verbal consent to the order and you accept that you understand the nature of the order and the consequences for breaching that order. Judicial monitoring will take place on 14 April 2021 at 10 am.
119 I will now announce the formal court orders. In relation to the one charge of home invasion, two charges of theft and Summary Charge 6 of possess an imitation firearm, you will be convicted of each of the charges and placed on a Community Correction Order for two years in the terms that I have explained.
120 You have indicated your verbal acknowledgement of the orders and that will be recorded in the records of the court.
121 Pursuant to s6AAA of the Sentencing Act, I declare that but for your plea of guilty I would have imposed a total effective sentence of two years’ imprisonment to serve 12 months.
122 I believe, Ms Baxter, that covers everything. There was not any ancillary orders?
123 MS BAXTER: No, there is not, Your Honour.
124 HER HONOUR: All right. All right.
125 All right. So, Tracey, can you speak to me now and I will just confirm that you have understood what I have done today?
126 OFFENDER: Yes, I have.
127 HER HONOUR: All right. All right. What you will have to do now is make contact with the Wangaratta Community Correctional Services. I will arrange for the order to be sent to your lawyer, Ms Kelly, and she will be able to provide a copy to you but, you do understand that you must contact them within two clear working days, just to fulfill the request that you must attend at the office within two clear working days after the commencement of this order and they will guide you in terms of the induction process and what will be required in relation to the treatment and rehabilitation orders as well as supervision. I will see you for review on 14 April 2021 at 10 am at Melbourne County Court.
128 It may be that you might be able to appear in person at that time; otherwise arrangements will be made through your lawyer to ensure that there is a Webex link.
129 Tracey, are you satisfied that you understand the nature of the order?
130 OFFENDER: Yes. Thank you.
131 HER HONOUR: And you do not need any further explanation?
132 OFFENDER: No, that should be fine. Thank you.
133 HER HONOUR: All right. It did take a long time but I do have to comply with the requirements of the Sentencing Act to set out in full my expressed reasons for not imposing a custodial order and that is why it has taken so long. I appreciate the fact that you were so open and honest with the court and I believe that it is important for you to continue with your achievements and build on what you have done to date. If there are any occasions where you have difficulties, please reach out and seek help from your Community Corrections officer or the people at Bunjilwarra who are there to support you.
134 OFFENDER: Yep.
135 HER HONOUR: All right? And that will now complete the hearing and we will disconnect.
136 OFFENDER: Thank you.
137 HER HONOUR: Thank you very much.
138 OFFENDER: Thank you.
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