Director of Public Prosecutions v Ulutui (Contraventon of Cco)

[2024] VCC 21

IN THE COUNTY COURT OF VICTORIA

AT MELBOURNE

CRIMINAL DIVISION

Revised
Not Restricted
Suitable for Publication

Case No. CR-21-00671

DIRECTOR OF PUBLIC PROSECUTIONS

v

LAKI ULUTUI

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JUDGE:	His Honour Judge Rozen
WHERE HELD:	Melbourne
DATE OF HEARING:	25 January 2024
DATE OF JUDGMENT:	25 January 2024
CASE MAY BE CITED AS:	DPP v ULUTUI (CONTRAVENTON OF CCO)
MEDIUM NEUTRAL CITATION:	[2024] VCC 21

REASONS FOR JUDGMENT
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Subject:CRIMINAL LAW – CONTRAVENTION OF COMMUNITY CORRECTION ORDER

Catchwords:              Contravention of community correction order – Non-compliance with conditions – Further offending – First breach of first community correction order – Compliance following judicial monitoring – Interests of offender and community in further opportunity to comply – Community correction order confirmed

Legislation Cited:      Sentencing Act 1991 (Vic)

Cases Cited:–

Judgment:                  Breach found – Community correction order confirmed

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APPEARANCES:	Counsel	Solicitors
For the DPP	Mr C. Kaias	Office of Public Prosecutions
For the Accused	Mr K. Reynolds	KPT Defence Lawyers

HIS HONOUR:

1On 2 September 2022, this court sentenced you to 3 years and 6 months in custody (the vast bulk of which you had already served) and a two year Community Correction Order to commence upon your release from custody on 27 September 2022. The Order is due to expire on 26 September 2024.

2In imposing that sentence, I noted that the offences to which you had pleaded guilty were serious and that you had a concerning criminal history involving crimes of serious violence.

3Although you had been sentenced to imprisonment on previous occasions, you had not been provided with the support that is available when serving a sentence in the community.

4The evidence before the court established that you would benefit from support in a number of areas including drug and alcohol addiction and mental health.

5It was for these reasons, that I was persuaded to impose a CCO. The requirement for unpaid community work was intended to be punitive; the other conditions were to promote your rehabilitation.

6Unfortunately, breach proceedings have been commenced against you in relation to a number of those conditions. You have pleaded guilty to breaching the CCO. It is necessary to set out your breaches before considering the appropriate disposition.

7The breaches of conditions are detailed in a contravention report dated 27 December 2023 which I will mark as ‘Exhibit A’. The breaches are:

(a)   Failing to perform unpaid community work on 6 occasions between 6 February 2023 and 8 December 2023;

(b)   Failing to undergo treatment and rehabilitation as directed on 7 occasions between 11 January and 20 December 2023; and

(c)   Failing to be supervised on 25 January 2023 and 29 May 2023.

8The report notes that, after judicial monitoring on 9 June 2023, your compliance with the conditions improved considerably.

9You were to appear before me for monitoring on 15 December 2023 but this was vacated in light of the breach proceedings.

10Most concerningly, you have also breached the CCO by further offending on 16 July 2023. You pleaded guilty on 25 July 2023 to possess firearm in contravention of a prohibition order and various drug possession offences. You were sentenced to one month’s imprisonment by the Dandenong Magistrates’ Court.

11I note with concern that, in December 2023, you again came to the attention of police. The circumstances were that the police saw your vehicle at what is referred to in the report as a ‘known drug house’. The report concludes that it is concerning that you were associating with pro-criminal companions. I share that concern.

12What is concerning about this is that you were in the company of people who are known to police as a result of their criminal conduct. It was through associating with such people that you committed the previous offences. It is not in your interests to associate with these people.

13The court has been informed that you are expecting a child, due in May. This is your third child but the first with your current partner. This is obviously an important responsibility that you are to hold.

14Ultimately, Corrections Victoria recommends that the court find the breach proved and confirm your CCO. The prosecution adopts this recommendation in its submissions dated 22 January 2024. The prosecution fairly submits that you should be given a further opportunity to comply with and benefit from the Order. The prosecution notes that this is your first breach of your first CCO.

15I find the breaches alleged proved and accept the prosecution submission and make the following orders:

(a) Pursuant to s 83AS(1)(b) of the Sentencing Act 1991 (Vic), I confirm the order made by the court on 2 September 2022; and

(b)   You are to appear before me for judicial monitoring on 24 April 2024 at 9:15 am

16The effect of this is that the CCO continues to operate until 26 September 2024.

17If further breach proceedings are brought and sustained, the consequences may well be more serious.

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