Director of Public Prosecutions v White (a pseudonym)
[2023] VCC 1672
•15 SEPTEMBER 2023
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| RILEY WHITE (A PSEUDONYM) |
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JUDGE: | HER HONOUR JUDGE GWYNN | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 12 SEPTEMBER 2023 | |
DATE OF SENTENCE: | 15 SEPTEMBER 2023 | |
CASE MAY BE CITED AS: | DPP v White (a pseudonym) | |
MEDIUM NEUTRAL CITATION: | [2023] VCC 1672 | |
REASONS FOR SENTENCE
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Subject:Criminal Law
Catchwords: Sexual penetration of a child aged between 10 and 16 years, common assault, persistent contravention of a family violence intervention order, threat to destroy property, make threat to kill, causing injury recklessly
Legislation Cited: Sentencing Act 1991 (Vic)
Cases Cited:
Sentence: Term of imprisonment for 337 days. Community Correction Order for a term of 18 months. Fine of $100. Sex offender registration for life.
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APPEARANCES: | Counsel | Solicitors |
| For the Director of Public Prosecutions | Mr. D. Brown | Office of Public Prosecutions |
| For the Accused | Ms. G. Connelly | Balmer Vardy Lawyers Pty Ltd |
HER HONOUR:
1Riley White[1], you have pleaded guilty on Indictment H12340928.3 to two charges of sexual penetration of a child aged between 10 and 16 years and one charge of common assault.
[1] A pseudonym
2On Indictment N10426229, you have pleaded guilty to two charges of persistent contravention of a family violence intervention order, threat to destroy property, threat to kill and causing injury recklessly.
3In addition, you have pleaded guilty to a summary charge of committing an indictable offence whilst on bail.
4In sentencing you for your crimes I must have regard to the maximum penalty for each of the offences you have committed. These maximum penalties reflect the seriousness with which Parliament regards each offence. Those maximum penalties are as follows:
(a) sexual penetration of a child aged between 10 and 16 years and make threat to kill – 10 years imprisonment;
(b) common assault, persistent contravention of family violence intervention order, make threat to destroy property and causing injury recklessly– five years imprisonment; and
(c) Commit an indictable offence whilst on bail – three months imprisonment.
5The circumstances of your offending were set out in two documents filed by the Crown, particular to each indictment. The document relating to Indictment H12340928.3 is dated 3 September 2023 and the document relating to Indictment N10426229 is dated 4 September 2023. These documents are properly described as an agreed document in which you accept the elements of each of the offences you have committed and the factual basis on which I am to sentence. I have had regard to each document and the circumstances of your offending will not be repeated in full in my sentencing reasons.
H12340928.3
6Your offending the subject of Indictment H12340928.3 occurred the first in time and each offence occurred between 31 March 1999 and 19 October 2000.
7At that time you were known as Marcus White and were aged between 20 and 21 years. Your victim, Mackayla Edgerton[2], was aged between 14-15 years. Mackayla was friends with your sister, Angela[3], and they were six days apart in age. When you broke up with your then girlfriend, you asked Mackayla to go out with you. She refused as she was aged 14 and you were aged 20. At a later stage Mackayla did agree to go out with you.
[2] A pseudonym
[3] A pseudonym
8A sexual relationship commenced.
9Charge 1, sexual penetration of a child between the age of 10 and 16 years occurred on your bedroom floor. You were living in your mother’s house at the time. Mackayla sat on top of you and you moved her underpants to one side. You inserted your penis into Mackayla’s vagina. This event was relatively short lived as your mother entered the bedroom and Mackayla jumped up.
10Charge 2, also sexual penetration of a child aged between 10 and 16 years, occurred on your bed. On this occasion you were on top of Mackayla and moved her underwear to one side, inserting your penis into her vagina.
11In the Crown opening your relationship with Mackayla is described as one in which you were controlling and restricted her movements, who she could speak to and see, telling her what she could wear and insisting that she should leave school, so as not to have a boyfriend there. You were also physically and verbally abusive.
12Charge 3, common assault, occurred on an occasion where you and Mackayla were in your bedroom and she spilt your cannabis mix. You called Mackayla a 'fucking useless bitch' and picked up a pair of scissors, throwing them at her. The scissors opened slightly and lodged in Mackayla’s leg. The wound bled and she used your top to stop the bleeding and soak up the blood. She still has a scar on her leg from this incident.
13Mackayla made a statement to police on 26 October 2016. You were arrested by police on 8 November 2016 and interviewed at that time. In essence, you denied the allegations put to you.
Offence gravity and victim impact
14The purpose of a Victim Impact Statement is to give those affected by your crime the opportunity to participate in the criminal justice process by informing the court about the effects of the crime upon them.
15In a Victim Impact Statement dated 23 January 2022, Mackayla Edgerton takes the time to explain the continuing impact of your crimes upon her. Before your offending she described herself as a happy, healthy and thriving child. After your offending she describes herself as angry, having trust issues, trouble forming relationships, and her own resort to drug use and risky behaviours. She has trouble seeing the beauty in the world. It is clear from this document that some 20 years later your offending continues to have a profound effect on Ms Edgerton.
16Ms Edgerton’s Victim Impact Statement was read to the court at the time of your sentencing by Her Honour Judge Gaynor, to which I will later refer, so you are well aware of its contents.
17Your offending is obviously serious. Whilst relatively young yourself at 20 to 21 years of age at the time of this offending, reducing your moral culpability, you were still an adult and were well aware of Mackayla’s age and vulnerabilities. She had moved into your home in circumstances where she was having little contact with her own mother and her father had returned to New Zealand.
18Her relationship with you was an early sexual relationship for Mackayla Edgerton and the context of that with your controlling behaviours and your resort to violence was an extremely damaging experience. The prohibition on sexual activity with a child is founded on a presumption of harm. The prohibition is intended to protect children from the harm presumed to be caused by premature sexual activity. It is also to protect children from sexual exploitation.
19Sentencing considerations of general deterrence, denunciation and protection of the community loom large in this context.
Chronology post this offending
20Post Mackayla Edgerton’s complaint to police, you were charged with offending against her and also for sexual offending against your sister, Angela.
21Two trials relating to your offending against Mackayla Edgerton ended prematurely with the discharge of respective juries.
22On 30 July 2021, you were found guilty by jury of charges of committing an indecent act in the presence of a child under 16 years, three charges of incest, and common assault in relation to your sister, Angela White, and four charges of sexual penetration of a child aged between 10 and 16 years and four charges of common assault in relation to Mackayla Edgerton.
23On 11 March 2022, for the offending against Mackayla, you were sentenced by Her Honour Judge Gaynor to 27 months imprisonment with a non‑parole period of 17 months.
24Relevantly, for the charges the subject of Indictment H12340928.3 you received the following:
(a) 10 months imprisonment for what is now charge 1. This was the base sentence;
(b) 10 months imprisonment for what is now charge 2. There was three months cumulation; and
(c) 8 months imprisonment for what is now charge 3. One month was made cumulative.
25This chronology reflects the fact that whilst you were interviewed by police for your sexual offending against Mackayla Edgerton in 2016, you did not complete trial processes until March of 2022, some six years later.
26I accept that, in all the circumstances, there was considerable anxiety for you in awaiting an outcome for what was a lengthy period and where there were a number of delays.
27The findings of guilt against you were quashed by the Court of Appeal on 15 December 2022.
28The matters now before me represent a resolution of matters post that determination.
29This additional period has no doubt added to the stressors associated with the court process.
30No charges relating to your sister remain, a separate indictment having been discontinued by the Crown.
31In addition, however, there is now Indictment N10426229 relating to the offending against your mother, which had not previously been dealt with. I turn now to those matters.
Indictment N10426229
32At this time of this offending in early 2022, you were 42 years of age and had returned to living with your mother, April White[4] at her home in Seville. Your mother was 74 years of age at this time and in poor health, using a walking frame to assist with her mobility.
[4] A pseudonym
33You used the loungeroom as your bedroom as your mother is said to have been a hoarder such that the house was full of items, and it was difficult to move within the house.
34On 7 December 2021 the Ringwood Magistrates' Court issued an interim family violence intervention order. Your mother was the protected person, and you were prohibited from committing family violence against her and from damaging or threatening to damage her property.
35This interim order was made a final order on 1 February 2022, with the same conditions as the interim order, so did not prevent you residing at your mother’s address.
36On 28 February 2022, you had been angry at your mother. You sent threatening messages to your mother whilst she was in her bedroom. These messages threatened to burn your mother, her book, and the house.
37At 11:10 PM that night you entered your mother’s bedroom in a rage. Your mother was sitting on the side of her bed reading. You threw boxes and other items around the room. You then picked up a one-meter roll of wrapping paper, which still had its plastic coating, and struck your mother about five times to the thigh, forearm and hand, causing her pain. These facts form the basis for charge 5, causing injury recklessly.
38After this assault, you threatened your mother that if she called the police, you would burn the house down by pouring petrol from a jerry can down the hallway. You then left the address.
39In fear that you would carry out your threats, your mother also left the house and hid in a toilet block. She contacted a violence support service who made arrangements to have her taken to the Angliss Hospital where she was examined and treated. April White suffered a swollen right thumb and bruising to her thigh, thumb, and knee. She had a skin tear to her right hand. She had an extended hospital stay although this was not all attributable to your assault of her.
40A hospital social worker reported the matter to Lilydale police.
41You were arrested by police at your mother’s house. On interview, you either denied the offending or answered with the response, 'no comment'.
42Text messages you sent to your mother between 25 and 31 January 2022 are the subject of ‘Charge 1 – Persistent contravention of a family violence intervention order’ and were annexed to the Crown opening. At various stages you referred to your mother as a ‘cunt,’ 'senile junky’ and 'rotten trash.'
43Between 4 and 28 February 2022, you persistently contravened the family violence intervention order issued by the Ringwood Magistrates' Court on 1 February 2022 by sending abusive text messages in a similar vein to your mother. These communications are the subject of charge 4, persistent contravention of family violence intervention order and were also annexed to the Crown opening.
44Charge 2, make threat to destroy property, occurred between 31 January 2022 and 28 February 2022 via eight text messages you sent to your mother which contained a threat that you would burn or otherwise damage your mother’s house. Charge 2 is a rolled up charge.
45Charge 3, threat to kill, is also a rolled up charge and occurred between 7 and 28 February 2022. During this time, you sent eight messages to your mother threatening to kill her.
46I note that there is some commonality between the threats you have made the subject of charges 2 and 3, and the injury the subject of charge 5 and the particulars of the persistent contravention of family violence intervention order charges, which needs to be reflected in the penalty imposed.
47At the time you committed the indictable offence of making threat to kill you were the subject of a bail order from the County Court dated 24 January 2022. These facts are the subject of summary charge 1 - commit indictable offence whilst on bail.
Offence gravity and victim impact
48Your mother has also provided a Victim Impact Statement. I have had recourse to the admissible portions. Your mother’s Victim Impact Statement was read to the court, so you are also well aware of how she has been affected by your behaviour.
49In essence, your mother is scared of you and feels like a prisoner in her own home. She remains constantly afraid that you will re-attend her premises and harm her.
50Your mother was elderly and vulnerable. For a period of time, your offending was persistent and somewhat protracted, threatening both her and things important to your mother.
51Your offending against your mother occurred in her own room, in her own home, both of which were an environment in which she was entitled to feel both safe and secure. Her Victim Impact Statement would indicate that you have ruined the sanctity of her home. You clearly placed her in fear and this offending has also occurred in the context of family violence and at a time when your mother had offered you somewhere to stay in a time of need.
52Again, aspects of deterrence, both specific and general, denunciation and protection of the community are important sentencing considerations.
Plea of guilty
53In terms of your plea of guilty, I have been through the chronology of court processes.
54On 4 September 2023, the eve of the trials for the alleged offending against Mackayla Edgerton and Angela White, the matters which are now before me resolved.
55I am told that the offending against your mother had settled on 10 May 2023.
56Your pleas of guilty in relation to the two indictments before me now finalise all matters for you. Importantly, it gives certainty to the victims of your offending and other witnesses who might otherwise have had to have given evidence about particularly traumatic events.
57Whilst your decision to plead guilty appears largely pragmatic, there is still value in saving the court the time and expense of contested proceedings, particularly in current circumstances where the court is still responding to the backlog created by the COVID-19 pandemic.
58I have already referenced the value of your pleas of guilty in terms of your victims and other witnesses.
Personal circumstances
59You are currently aged 44 years and are known as Riley White.
60You were raised by your grandparents from the time of your birth until you reached approximately 14 years of age when you went to live with your mother for about 18 months.
61You were not a well child. You were hospitalised for asthma on many occasions and were also diagnosed with attention deficit hyperactivity disorder.
62Your younger brother and sister were raised by your birth parents. You are unsure as to why you were put into the care of your grandparents and feel that this means that you were not loved by your parents. Your grandfather died in 1995 and your grandmother in 2006.
63Your parents separated in 1987 with your father dying in 2004. You believe your father to be of Aboriginal heritage.
64Between the ages of seven and 16, both you and your brother were sexually abused by Catholic priests at camp, which you attended a number of times per year. You revealed this to your grandparents when aged 16 years and to your mother when aged 30 years.
65In 1997 and aged 15 years you had your first child, a son, with your then partner Mia[5]. You travelled around Australia as a family, but you separated from Mia after approximately five years. You have no contact with your son who you understand resides in Phillip Island and has a family of his own. You have not met your grandchildren.
[5] A pseudonym
66You managed a Year 11 education. On leaving school you attempted a mechanics apprenticeship and automotive certificates but did not complete them.
67You drank alcohol from the age of 16 years until 2006. You also commenced cannabis use at the age of 16 years and, until more recently, largely continued to do so. You briefly used the drug Ice for about a year in 2010.
68You have had some work in wrecking yards, with mechanics, painting and concreting but have not worked for many years.
69You moved back in with your mother at aged 20 years and remained with her until aged 22 years. It was during this period that your offending against Mackayla Edgerton occurred.
70You then again travelled before returning to reside with your father as his carer until his death in 2004.
71By age 26 years you had become homeless and were living on the streets. You were regularly dressing as female and were engaged in sex work, which you continued to do until aged approximately 32 years.
72Your next intimate relationship was with Sophie[6] between the years of 2004 and 2007. You shared a daughter together, born in 2005. Tragically your daughter died earlier this year whilst you were in custody and without you having rekindled that relationship.
[6] A pseudonym
73In 2013 you were attacked by a man known to you who stomped on your back. Materials filed on your behalf refer to this event leading to a condition known as syringomyelia. Your medical records have been tendered. You have a well established history of lower backpain since 2009. You also have a history of poor balance, making you prone to falls. The reason for your back pain and poor balance is perhaps not clear but I accept that you have a back condition which affects your mobility. You presently prefer to use a wheelchair.
74In 2017 you formed a relationship with Shareen[7] to whom you became engaged. You had twin daughters together in 2020. Shareen did not return from a trip to Canada in 2020 and you have never met your twin daughters.
[7] A pseudonym
75Tendered on your behalf was a report authored by Ms Gina Cidoni, psychologist, dated 29 August 2021. This report sets out much of your personal history. At the time of that report, you were identified as Marcus White and the report was commissioned after your trial and findings of guilty in relation to sexual offending against Mackayla Edgerton and your sister, Angela White It therefore does not reference your offending against your mother, which obviously occurred later in time.
76Ms Cidoni identified you as presenting with a low-medium risk of sexual recidivism.
77Ms Cidoni diagnosed you with substance use disorder, post-traumatic stress disorder, major depressive disorder and borderline personality disorder. You experienced an unstable and traumatic childhood affecting your formation. You attempted suicide multiple times. The diagnosed conditions were therefore identified in the lead up to your offending against your mother.
78I accept that these unchallenged findings allow for some application of the Verdins principles in relation to the offending against your mother.
79I do not have any up-to-date psychological material to apply limbs 5 and 6 at the present time, but there are other factors I am able to take into account in forming the view that imprisonment would be more burdensome for you than it would be for others.
80Ms Cidoni saw benefit in you accessing drug treatment and trauma focused interventions. She recommended neuropsychological assessment.
81A report was also tendered authored by Ms Laura Scott, clinical neuropsychologist. Her report was dated 5 November 2021 and was also commissioned for your plea hearing before Judge Gaynor post your trial for offending against Mackayla Edgerton and Angela White.
82Your full-scale IQ was said to be 78. You are identified as having difficulties with higher attention and weakness in processing speed and some aspects of executive function, which appear to be linked to your history of complex trauma, neurodevelopmental disorder (namely attention deficit hyperactivity disorder) and psychiatric illness. There was no evidence of an acquired brain injury.
83Ms Scott was of the opinion that your symptoms of childhood trauma, attention deficit hyperactivity disorder, psychiatric illness and gender fluidity would make you very vulnerable in the custodial setting. You impressed her as being chronically distressed and as having limited resources to cope with additional stressors. Again, there is no updated material but, based on the material before me overall, I accept, as previously stated, that imprisonment would be more burdensome for you.
Prior criminal history
84In terms of your prior criminal history, you have a limited and unrelated prior criminal history.
85On 13 July 1999 you appeared at the Ringwood Magistrates' Court in relation to charges of possess and use cannabis, unlicenced driving, use unregistered vehicle and use of false number plates. You incurred financial penalties for this offending.
86On 18 August 2005 you appeared at the Dandenong Magistrates' Court in relation to charges of unlicenced driving, use unregistered vehicle, fraudulently alter identification and theft from motor vehicle. You were convicted and sentenced to one month imprisonment, wholly suspended for a period of three months, and also incurred financial penalties. Orders were made against your licence.
87These prior matters have little relevance to the sentencing exercise.
Prospects for rehabilitation
88In terms of your prospects for rehabilitation, I have already referred to the delay in the final determination of your charges and the stress associated with that process. Of course your victims have suffered the same delay, which I accept would have also been stressful for them.
89The relevance of delay also lies in the assessment of your prospects for rehabilitation. There have been no further allegations of sexual offending, a period in excess of 20 years.
90Whilst more recent, I accept that the offending against your mother was attached to a particular set of circumstances including that environment, difficulties in your relationship and issues with your mental health, which are unlikely to repeat themselves. There have been no further breaches of the family violence intervention order relating to your mother and I am told you have abided by intervention orders protecting Mackayla Edgerton and Angela White from you.
91Directly relevant to the offending now before me is the 337 days - which you did spend in custody in relation to your sexual offending - and an additional nine days directly referable to your offending against your mother.
92Your time in custody was a particularly difficult experience for you as you were and are transgender and presented as female which, I accept, is likely to have made you a target for others as you were housed in a male prison. There is more than a suggestion that you were subject to sexual assault on at least two occasions. When you complained it was you that was placed in solitary confinement as a measure to protect you.
93You also had difficulty accessing appropriate medication and a wheelchair to assist you with your back condition. You felt constantly discriminated against.
94You had never previously been in custody and I accept that your experience is capable of acting as both a sanction and a deterrent into the future.
95On the positive side, you identify as Wurundjeri and Gunditjmara through your father’s side of the family. Whilst in custody you were assisted to uncover more about your family and to connect with your Aboriginal heritage.
96You do present as a somewhat lonely and isolated figure. You are understandably estranged from family members. You have no relationship with your own children or your former partners.
97You are not, however, without your supports and appear to utilise available resources to your advantage. In recent times you have worked with:
(i)An accredited mental health social worker from Relationships Australia between August 2022 and June 2023;
(ii)QueerSpace, including commencing the Futures Free from Violence program;
(iii)West CASA from November 2022 until your release from prison undertaking trauma and sexual assault counselling;
(iv)Flat Out, Beyond Bricks and Bars Project undertaking specialist social work support ;
(v)Housing services; and
(vi)Counselling with Dr Bilbrough from Banyule Community Health.
98Reports and/or letters from these services have been tendered on your behalf and support your continued efforts to make positive change despite your many obstacles.
99Your healthcare is overseen by specialist general practitioner, Dr Nick Silberstein who I am told has lengthy experience of providing healthcare to transgender community members.
100In addition, your former trauma counsellor with West CASA, Ms Molly Lovett, has moved to Drummond Street services, which you now access. She has therefore been able to continue to provide you with counselling in circumstances where you already have an established therapeutic relationship. This service has also managed to refer you to a number of other programs which should be of assistance to you personally as well as to reduce any future risk.
101Mr Witt Gorrie from Flat Out has attended your recent court hearings. The program he coordinates provides specialist social work to transgender and gender diverse people who have been incarcerated in Victorian prisons. You have been working with this service since June of 2022. Mr Gorrie describes you as experiencing the full extent of potential harms for transgender persons in the prison system resulting in both physical and psychological trauma.
102Of great benefit to your future prospects has been the location of supported accommodation. You were referred to a new housing project where a number of apartments have been assigned especially for LGBTIQ plus community members in need of housing. This property offers residents long-term and permanent leases. It is also fully accessible for persons with disabilities. You have been offered accommodation in this property and I am told moved in on 22 August 2023.
103I am told your unit is fully wheelchair accessible in a highly secure apartment block. I accept that such accommodation is likely to be a significant life changing event for you as it provides permanent and importantly, safe, housing. I accept the submission on your behalf that it would be a great disadvantage to you and your future prospects should you lose this accommodation by a return to custody.
Sentencing submissions
104In somewhat global submissions, both parties submitted that, in dealing with each indictment, a proper consideration of all relevant sentencing considerations would not necessitate your return to custody.
105I am told that you have 337 days available by way of pre-sentence detention directly referable to the charges before me on Indictment H12340928.3.
106My view was that Indictment N10426229 contained concerning behaviours but not such that a term of imprisonment should be imposed. Accordingly, I ordered that you be assessed as to your suitability for a Community Correction Order.
107A report from the Mental Health Advice and Response Service (MHARS) dated 8 September 2023 authored by Mr Gregory Lane, psychiatric nurse, has been provided. Mr Lane has assessed you previously. Mr Lane writes:
'Ms White has a mild to moderate mental health problem or difficulty. It is respectfully recommended that ongoing assessment or treatment of Ms White’s mental health be made a condition of a Community Corrections Order in order to promote wellbeing and reduce the likelihood of re-offending.
Continuity of care is recommended-
Ongoing participation in mental health related interventions and counselling available to Ms White from Drummond Street Services, Banyule Aboriginal Health Team, Equinox Gender Diverse Healthcare Centre.
It is the opinion of the writer that Ms White’s current mental state would not impede her ability to engage in a Community Corrections Order or any recommended associated conditions provided she feels supported and remains mentally stable.'
108An assessment outcome report confirms that you have been found suitable for a Community Corrections Order.
Sex Offenders Registration
109The charges to which you have pleaded guilty on Indictment H12340928.3 are Class 1 offences. This means I am required to place you on the Sex Offenders Register for life, and I do so. You will be provided with documents that you will be required to sign which set out your obligations under this scheme and I am hopeful that Ms Connelly can assist you with that.
Sentencing
110The 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 your victims.
111I must also balance the interests of the community in denouncing criminal conduct with the interest the community clearly has in seeking to ensure, where possible, that offenders are rehabilitated and reintegrated into society. I do express my denunciation for your behaviour.
112I have taken into account the relevant sentencing guidelines referred to in s5 of the Sentencing Act 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 totality and proportionality, noting that you are subject to two separate indictments.
H12340928.3.
113In relation to Indictment H12340928.3, as referred to earlier I am well aware of the sentences imposed upon you by Her Honour Judge Gaynor for the very charges which are now before me.
114Since that sentence you have:
(a) committed the offences the subject of Indictment N10426229. Whilst different in nature they do contain family violence and impact on the assessment of your prospects for rehabilitation.
(b) You have experienced two periods in custody, those being the 337 days served in relation to your offending against Mackayla Edgerton between the date of your sentencing on 11 March 2022 and 10 February 2023 when you were granted bail pending retrial and, nine days resulting from the offending committed against your mother. I am satisfied your experience in custody was punishment for reasons already outlined;
(c) You have worked continually with a range of effective and supportive rehabilitative services for some 12-15 months; and
(d) You have, as outlined, secured specialist accommodation.
115Taking all these matters, relevant sentencing considerations and submissions from the parties into account, for that indictment, you are convicted and sentenced to an aggregate of 337 days imprisonment, which is reckoned as having already been served.
116I do impose an aggregate as I am satisfied that the offences are founded on the same facts, or form, or are part of, a series of offences of same or similar character.
Indictment N10426229
117In relation to Indictment N10426229, I take into account the nine days you spent in custody in relation to this offending.
118I also propose to impose an aggregate sentence as I am also satisfied that these offences are founded on similar facts, or form, or are part of, a series of offences of same or similar character.
119In so doing, I again bear in mind the principles of totality and proportionality, which I did for the previous sentence and as between the two indictments.
120For that offending, you are convicted and sentenced to a Community Correction Order for a period of 18 months with the following conditions:
(a) That you be supervised by the Office of Corrections;
(b) That you undergo treatment and rehabilitation for drug use;
(c) That you undergo treatment and rehabilitation for your mental health; and
(d) Finally, that you undergo programs to reduce your risk of further offending as identified.
121It is my strong recommendation that the Office of Corrections do their utmost to take advantage of the established services that you have in place in order to reduce your personal trauma, take the benefit from existent therapeutic relationships and avoid having to ‘start again’ with essential care. Such an approach would obviously also avoid the allocation of scarce resources when it appears adequate resources are already in place.
122In addition to the conditions that I have imposed, there are standard conditions. The first and foremost of those is that you must not commit any other offences during the 18-month period, which could be punished by imprisonment. You must report within two working days to the nearest Community Correction’s office. You are required to advise your Correction’s office of any change of address where you are living or working and must do so within two clear working days. It is a term of all Community Correction Orders that you must submit to visits as directed and 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 Correction’s office.
123This 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 original charges and to sentence you for contravening the Corrections order.
124I can only place you on that order with your consent and in a moment, I will again ask or request that Ms Connelly take you through the proposed order and ascertain your instructions. For the summary charge of committing an indictable offence whilst on bail, you are convicted and fined a nominal amount of $100 given the other orders made.
125Section 6AAA of the Sentencing Act requires me to state the sentence I would have imposed had you not pleaded guilty to the charges.
126If not for your pleas of guilty, I would have sentenced you to a total effective sentence of 18 months, with a minimum of 12 months before being eligible for parole on Indictment H12340928.3 and six months imprisonment on Indictment N10426229, of which three months would have been cumulative on Indictment H12340928.3. Does that finalise all matters for you, Mr Brown?
127MR BROWN: Yes Your Honour.
128HER HONOUR: And from your perspective, Ms Connelly?
129MS CONNELLY: Yes Your Honour.
130HER HONOUR: Are you willing to assist in relation to the Corrections order and perhaps the registration documents?
131MS CONNELLY: Yes of course, Your Honour.
132HER HONOUR: What I might do then is to stand down temporarily, to allow that to be completed and I'll return when you say I'm in a position to do so.
133MS CONNELLY: Thank you, Your Honour.
134HER HONOUR: Thank you. Thank you, Ms Connelly.
135MS CONNELLY: Yes Your Honour. Both the Corrections order and the SORA form have been explained and Ms White has signed, to indicate her understanding and consent to the Corrections order - - -
136HER HONOUR: All right.
137MS CONNELLY: - - - and her understanding of the SORA order.
138HER HONOUR: Thank you, I'm grateful for your assistance. All right, well, thank you very much to each of you for your assistance overall in this matter, it's been greatly appreciated, and I'll close the court until 10.30 on Monday, thank you.
139MS CONNELLY: May it please the court.
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