Director of Public Prosecutions v Weribone

[2023] VCC 1845

IN THE COUNTY COURT OF VICTORIA

AT MELBOURNE

CRIMINAL DIVISION

Revised
Not Restricted
Suitable for Publication

Case No. CR-22-00651

DIRECTOR OF PUBLIC PROSECUTIONS

v

ANTHONY WERIBONE

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JUDGE:	HIS HONOUR JUDGE CAHILL
WHERE HELD:	Mildura
DATE OF HEARING:	28 August 2023
DATE OF SENTENCE:	29 August 2023
CASE MAY BE CITED AS:	DPP v Weribone
MEDIUM NEUTRAL CITATION:	[2023] VCC 1845

CONTRAVENTION OF CCO
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Subject:Attempted Armed Robbery – Theft

Catchwords:              Guilty plea – low-end offending – early plea – relatively young aboriginal offender – sentencing conversation - childhood deprivation – intellectual disability – relevant criminal history – risk of prisonisation

Legislation Cited:      

Cases Cited:

Sentence:                  Aggregate sentence of 12 months’ imprisonment with an 18-month Community Corrections Order with justice plan attached

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APPEARANCES:	Counsel	Solicitors
For the DPP	Ms D Caruso	Office of Public Prosecutions
For the Accused	Mr A Hands	Martin Middleton & Oats Lawyers

HIS HONOUR:

1Anthony Weribone, you have pleaded guilty to contravention of a community correction order which I made on 23 November 2022.

2By your guilty plea you admit you breached the order by:

(a)   failing to attend a supervision appointment on 23 December 2022; and

(b)   reoffending on 8 January 2023.

3On 23 November 2022 I had sentenced you to 12 months' imprisonment together with a community correction order for attempted armed robbery and theft.

4You completed your prison term on or around 23 December 2022.

CCO history

5You failed to attend your initial induction appointment on 23 December 2022.

6You did attend for induction, on 29 December, or, for supervision, on 4 January 2023.

7On 10 January 2023, after you had attended a scheduled appointment, police arrested you when you left the Community Corrections Service office. They charged you with aggravated burglary and you were remanded in custody.

8On 31 January 2023, at Mildura, a magistrate sentenced you to 42 days' imprisonment

9I have read the police summary of your offending.

10On 8 January 2023, with a co-accused, you went with another person to that person's home, where the co-accused and you stole a purse, jewellery, $45 in cash, and a laptop computer from a bedroom.

11On 20 February 2023 you were released from prison.

12You attended a Community Corrections appointment on 21 February 2023.

13You attended again for supervision on 27 February 2023.

14Community Corrections filed a contravention summons against you on the same day.

15You attended this court for a judicial monitoring session on 28 February 2023.  I encouraged you to engage with Community Corrections while the contravention summons was pending.

16The contravention was listed for hearing on 26 June 2023.  You failed to appear.  I issued a warrant for your arrest.

17On 29 June 2023 you were brought before the court.  I bailed you to appear at this court on 17 July 2023 for the hearing of the contravention summons.  Again, I encouraged you to re-engage with Community Corrections pending the hearing of the summons.

18You failed to appear at court on 17 July 2023.  I issued a warrant for your apprehension.

19You were brought before the court on 18 July 2023 when I bailed you to appear again on 28 August 2023 for the hearing of the contravention summons.  Again, I encouraged you to reengage with Community Corrections.

20You have not contacted Community Corrections at all since 27 February.

21On 11 August 2023 police arrested you again.

22They charged you with:

(a)   theft of a mountain bike, stolen on 29 July 2023;

(b)   burglary of Mildura Backpackers and theft, from there, of a backpack with items valued at $1580, committed on 8 August 2023; and

(c)   possession of cannabis on 11 August 2023.

23You are to appear at Mildura Magistrates' Court on 5 September 2023 to answer those charges.

24Your counsel, Mr Hands, told me you intend to plead guilty to them.

Sentencing conversation

25You had requested the contravention hearing take place in Koori Court.

26You participated in a sentencing conversation with Auntie Sandra Stewart and Andrew Arden, who is a respected person.

27Your “Mum”, Leah Hunt, participated as well.

28She told the court you are always respectful to her husband and her.  Unfortunately, as they foster young children, you cannot live with them because of your criminal record.  She said you visit from time to time but stay away when you have been using drugs.

29Your elders acknowledged homelessness has been a problem which has led you into trouble.  However, they reminded you, you are an adult now and you need to take responsibility for your own actions.  Otherwise, as they said, the pattern of you committing crime, going to prison, completing your sentence, committing more crime when you are released, and returning to prison will go on and on.

30You reoffended barely two weeks after you were released from prison in December 2022.

31You reoffended again in August, less than six months after your release in February 2023, and you find yourself in custody again.

32I now have to deal with you for your contravention of the community correction order I made.

33When I sentenced you, you had a history of breaching three previous community corrections orders.  Despite a recommendation you were unsuitable for further community correction order, I gave you another chance.

34And I gave you every opportunity to comply with the community correction order.

35Unfortunately, you have not taken the chance I gave you.

36I have concluded it would be pointless to continue this order, and I will cancel it.

37And so, I must re-sentence you.

38I was impressed by the support you have from family. They care for you. You are respectful.

39I am hopeful you can change your ways. To encourage you to do so I will moderate the sentence I will impose and fix a non-parole period to give you the chance to return to the community with supervision.

40Mr Weribone, please stand.

41On the charge of attempted armed robbery, you are sentenced to 20 months' imprisonment. I fix a minimum period of 14 months before you are eligible for parole.

42On the charge of failing to comply with the conditions of your community correction order you are sentenced to 14 days' imprisonment. I direct this sentence be served concurrently with the sentence I have imposed on the attempted armed robbery charge.

43I declare you have served 12 months of your sentence as pre-sentence detention.  While, when I sentenced you originally, I imposed an aggregate sentence, in my view, it is appropriate that a separate conviction and penalty should be imposed in relation to the theft of the bicycle. 

44On the charge of the theft of the bicycle you are convicted and fined $500.

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The effect of those orders, Mr Weribone, is that I have imposed a sentence of

20 months.  You will be eligible for release after serving 14 months.  I have declared that you have already served 12 months of your sentence, so you will be eligible for parole after you have served a further two months.

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