Director of Public Prosecutions v Vekene
[2015] VCC 1064
•7 August 2015
| IN THE COUNTY COURT OF VICTORIA | Revised Not Restricted Suitable for Publication |
AT MELBOURNE
CRIMINAL DIVISION
Case No. CR-14-00272
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| TUITI VEKENE |
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JUDGE: | HIS HONOUR JUDGE RYAN | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | ||
DATE OF SENTENCE: | 7 August 2015 | |
CASE MAY BE CITED AS: | DPP v Vekene | |
MEDIUM NEUTRAL CITATION: | [2025] VCC 1064 | |
REASONS FOR SENTENCE
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Ms C. Foot | Office of Public Prosecutions |
| For the Accused | Mr D. Cash | Doogue O’Brien George |
HIS HONOUR:
1 Tuiti Vekene; on 13 June 2014 I sentenced you in respect to one charge of armed robbery and one charge of theft to an aggregate sentence of eight months’ imprisonment, together with a community correction order with conditions. At the time of sentence I declared that you had served 217 days by way of pre-sentence detention. I incorporate into these reasons my reasons for sentence of 13 June 2014.
2
On 18 June 2015 you were charged with failing to comply with the conditions of the community correction order. You came before me on
Friday 24 July 2015. You were represented by Mr Cash, of counsel, who admitted the breach on your behalf. After having been released from custody on 10 July 2014, you attended at the Sunshine Community Correctional Services Centre on 11 July 2014, however thereafter - between August and December 2014 - you failed to attend to perform unpaid community work on 13 occasions, supervision on seven occasions, and treatment on two occasions. Additionally, you committed further crimes of violence and dishonesty during the currency of the order.
3
On 26 July 2014, some two weeks or so after your release from prison, you committed the crimes of intentionally cause injury and unlawful assault. On
7 January 2015 you committed the crimes of robbery, reckless cause injury, assault in company, theft from a shop, and committing an indictable offence whilst on bail. Summaries of the facts relating to these offences were tendered as Exhibits B and C on the breach proceedings. One of the victims of your offending on 26 July 2014 suffered a fractured jaw and extensive swelling and bruising to his cheek, as well as cuts and abrasions. In respect to the offending of 7 January, it was comprised, in part, by a vicious assault on two innocent victims and the theft of a mobile phone and a backpack.
4 You were arrested on 7 January 2015 and remanded in custody, and have been in custody since that date. On 22 April 2015 you were sentenced to 12 months’ imprisonment with a non-parole period of four months’ imprisonment. Pre-sentence detention of 105 days was declared. Accordingly, you have served the minimum term fixed by the learned magistrate.
5 Upon your release from prison you returned to live with your grandparents, however they gave you an ultimatum that if you did not obtain a job within two weeks you had to leave their home. You have limited education and skills and were unable to obtain work. You were forced to leave your grandparents’ home and thereafter, lived on the streets. I was informed that the offending of July and January was committed whilst you were living on the streets.
6 I was informed that since being sentenced you have completed one course run by the YMCA (see Exhibit 1), and that you are drug free (see Exhibit 2). Drugs of dependence do not appear to be a problem for you; all of your offending appears to have been committed whilst affected by alcohol.
7 Your criminal conduct and failure to comply with the conditions of the community corrections order make you unsuitable for any further order of that kind. I intend to cancel the order and to re-sentence you, as well as to deal with you for the breach of the community corrections order.
8 You did perform some of the unpaid community work under the community corrections order. As well as part of the order you were referred to Youth Support and Advocacy Service for what was described in a report from that organisation as “complex drug-related issues”. You attended nine sessions, and generally the report is favourable, and I must take this into account when sentencing you.
9 In your case I must structure a sentence that fosters your rehabilitation; however, your offending in July 2014 and January 2015 leaves me with real reservations as to your prospects of rehabilitation.
10 Mr Cash, on your behalf, informed me that it was your intention whilst in prison to obtain a forklift driver’s licence, as well as a tractor driver’s certificate, to improve your prospects of work into the future. Mr Cash informed me that when you are released from prison you will be accepted back into your grandparents’ home, although it is likely that there will be a condition that you obtain work should you wish to remain in their home.
11 Taking into account your plea of guilty in each proceeding, your youth, your undertaking to give evidence against a co-accused, and the sentence that you are presently undergoing as well as your limited compliance with the community corrections order, I cancel that order, and in respect to the crime of armed robbery (Charge 1); I sentence you to 22 months’ imprisonment.
12 In respect to the crime of theft (Charge 2); I sentence to you six months’ imprisonment.
13 In respect to the offence of breaching the community corrections order; I sentence you to one months’ imprisonment.
14 I order that one month of the sentence imposed upon Charge 2; theft, together with the one month sentence imposed in respect of the breach of the community corrections order, be served cumulatively upon Charge 1; armed robbery. This results in a total effective sentence of 24 months’ imprison ment, and I fix a period of 16 months’ imprisonment as the period you must serve before you will become eligible for parole.
15 I declare that you have spent 244 days by way of pre-sentence detention.
16
Pursuant to s.6AAA of the Sentencing Act 1991, I declare that but for your pleas of guilty I would have sentenced you to a total effective sentence of
42 months’ imprisonment with a non-parole period of 24 months’ imprisonment. Are there any other matters that need be attended to?
17 MS FOOT: Your Honour, only one matter. Your Honour referred to the sentence of the Magistrates' Court being on 2 April, it was the 22nd. May have misspoken from you sentence, but just to clarify that.
18 HIS HONOUR: Just pardon me for a moment. The correct date is?
19 MS FOOT: Twenty-second April 2015.
20 HIS HONOUR: Right. I left a two out in my typing. I stand chastised. I will amend my reasons for sentence accordingly, and thank you for bringing that to my attention.
21 MS FOOT: Thank you.
22 HIS HONOUR: Apart from that matter are there any other matters?
23 MS FOOT: No, Your Honour.
24 COUNSEL: No, Your Honour.
25 HIS HONOUR: You may remove the prisoner please. Thank you for your assistance in the matter. I'll stand down whilst the other matter gets prepared.
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