Director of Public Prosecutions v Wilson
[2021] VCC 809
•16 JUNE 2021
| IN THE COUNTY COURT OF VICTORIA | Revised Not Restricted Suitable for Publication |
AT MELBOURNE
CRIMINAL DIVISION
CR-20-01572
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| GLENN WILSON |
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JUDGE: | HER HONOUR JUDGE CHAMBERS | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 4 JUNE 2021 | |
DATE OF SENTENCE: | 16 JUNE 2021 | |
CASE MAY BE CITED AS: | DPP v Wilson | |
MEDIUM NEUTRAL CITATION: | [2021] VCC 809 | |
REASONS FOR SENTENCE
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Subject:Criminal law - sentence
Catchwords: Charges of stalking, false imprisonment, threat to damage property and others – stalking a serious instance of predatory behaviour – impact on victims – early plea of guilty – relevant priors – need for general and specific deterrence – prospects of rehabilitation
Legislation Cited: Sentencing Act 1991, s44
Cases Cited:
Sentence: Sentence of nine months' imprisonment to be followed by a two-year community correction order.
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| For the Director of Public Prosecutions | Ms H. Baxter (plea and sentence) | Office of Public Prosecutions Victoria |
| For the Accused | Mr M. Singh (plea and sentence) | Dhillon Legal |
HER HONOUR:
1Glenn Wilson, you have pleaded guilty to the following offences:
(a) damaging property contrary to s197(1) of the Crimes Act 1958 (the Act) (Charge 1) the maximum penalty for which is 10 years' imprisonment;
(b) stalking contrary to s21A of the Act (Charge 2), the maximum penalty for which is 10 years' imprisonment;
(c) false imprisonment contrary to the common law (Charge 3), the maximum penalty for which is 10 years' imprisonment;
(d) common assault contrary to the common law (Charge 4), the maximum penalty for which is five years' imprisonment;
(e) making threat to damage property contrary to s198 of the Act (Charge 5), the maximum penalty for which is five years' imprisonment; and
(f) escape from custody contrary to s479C of the Act (Charge 6), the maximum penalty for which is five years' imprisonment.
2In addition, you have pleaded guilty to four summary offences of unlawful assault contrary to s23 of the Summary Offences Act 1966, the maximum penalty for each being three months' imprisonment and one summary offence of trespass contrary to s9(1)(e) of that Act, the maximum penalty for which is six months' imprisonment.
3At the time of committing these offences you were 31 years old. You were remanded in custody for 39 days before being granted bail on 29 July 2020.
Circumstances of the offending
4The circumstances of your offending, which occurred between 17 May 2020 and 20 June 2020, are set out in the prosecution opening, which was tendered on your plea. I will briefly summarise those circumstances.
5Ruby Jenkinson had been in a relationship with you for approximately one month from April to May 2020. On 17 May 2020, the two of you were staying at the home of your sister. You got into an argument with Ms Jenkinson and crushed her sunglasses and threw her handbag at her (Charge 1 - criminal damage). You then pushed Ms Jenkinson into a stack of old tyres that were sitting against a wall and she fell, hitting her head (summary offence Charge 2 - unlawful assault).
6The argument ended when your sister arrived home. Ms Jenkinson went to stay with a friend. On the morning of 18 May 2020 you made a number of calls to Ms Jenkinson which went unanswered. Later that morning, she drove to McDonald's in Fountain Gate shopping centre and parked in the car park at around midday. Soon after, you arrived in your Toyota HiAce. Ms Jenkinson had not told you where she was going that morning. This is part of the course of conduct that gives rise to the charge of stalking (Charge 2 - stalking).
7You yelled at Ms Jenkinson to 'get in the van' and that if she did not ‘the Afghans would tow her car away'. Ms Jenkinson did not want to go with you. You then reached into the open window of her car and took her car keys from the ignition. Scared of what you would do next, Ms Jenkinson got into your car and you drove off, driving in an erratic manner that included driving in 'fast circles', around the Narre Warren area.
8In the car, you demanded the pin code to activate Ms Jenkinson's phone. You told her you wanted to obtain the address of her friends and to hurt them. You were unable to unlock her phone and got out of the car and smashed her phone on the street (Charge 1 - criminal damage).
9You returned to the car and continued to drive the victim around Narre Warren. In the car, you told her that you wanted to take her to the bush and torture her (summary offence Charge 5 - unlawful assault). Ms Jenkinson estimates she was driven around by you for a number of hours. At one point, you got out of the car and tried to open the passenger door, but the victim held it shut. As you returned to the driver's side, the victim managed to escape. An onlooker asked Ms Jenkinson if she was alright and you told the bystander that everything was fine.
10You then threatened to have the victim's car towed if she did not return to the van. The victim then complied in response to the threat and asked that she be returned to her car. This incident gives rise to the offence of false imprisonment (Charge 3 - false imprisonment).
11You drove the victim back to her car and she then drove to McDonald's in Berwick. You followed her. When Ms Jenkinson stopped at a set of traffic lights, you left your car and approached the victim, saying you needed to talk. Ms Jenkinson parked at the McDonald's in Berwick, ensuring she was in view of surveillance cameras. You parked beside her and began to abuse her from your vehicle. Staff at McDonald's called police. You then drove away.
12Ms Jenkinson drove to a nearby carwash and you followed her. You got out of your car and smashed the side mirrors of her car, leaving them hanging by their wiring. You also caused damage to the side panel of the car. Ms Jenkinson then drove to your sister's house, hoping she could calm you down. Once she arrived, you kicked the passenger side door and then retrieved a hammer from your van and hit into the leather seat of her car, causing it to rip (Charge 1 - criminal damage).
13At your sister's house, the victim ended the relationship with you.
14In June 2020, Ms Jenkinson began dating Joshua Thorne. On 22 June 2020 you had been messaging the victim and had driven past her work. Later that evening, Ms Jenkinson was at the home of Mr Thorne and his sister, Erin Thorne. The three were sitting in the backyard around a fire pit. You entered the property, presumably by scaling the back fence, at around 9.30 pm (summary offence Charge 14 - trespass). Ms Jenkinson had never told you where Mr Thorne lived. This is further part of the course of conduct that gives rise to the charge of (Charge 2 - Stalking).
15You kicked over the fire pit, sending coals across the garden. Erin Thorne, who was sitting close to the fire, jumped away (summary offence Charge 13 - unlawful assault). You told Ms Jenkinson to, 'Come with me', and then grabbed her by the arm and dragged her, attempting to leave through a locked back door gate (summary offence Charge 9 - unlawful assault). Ms Jenkinson tried to push you away. As you were dragging Ms Jenkinson, you told Mr Thorne that you were going to burn the house down (Charge 5 - threat to damage property). To try to calm you, Mr Thorne told you to wait and that the key you needed could be provided to open the gate for you. As he walked towards you with the key, you then punched him to the right side of his face in the eye (Charge 4 - common law assault).
16Mr Thorne opened the gate and you dragged Ms Jenkinson towards your car. A friend who had driven to the address with you approached Ms Jenkinson and told her she needed to go with you. In the meantime, Ms Thorne had called police. When they arrived, you ran off. Police caught up to you and you were handcuffed. You refused a direction to sit on the ground and ran from police (Charge 6 - escape lawful custody). You were soon apprehended. Due to your behaviour at the police station, you were unable to be interviewed.
17Between the time Ms Jenkinson ended the relationship and your arrest, you sent the victim multiple text messages the content of which was variously abusive, demanding, manipulative and menacing:
· On 25 May 2020 at 1453, 'Never me such a piece of shit like u'.
· On 25 May 2020 between 2110 and 2245 you sent the following: 'Whee r u ya bad slut?', 'U got no idea the trouble u cause', 'Drug dealer? What is this shit?' 'U fuckibg dog', 'I'll find u rat', 'U owe', 'U think I don't know u junkie', 'Go fuck avin u putrid whore'.
· On 26 May 2020 at 1111 you text: 'I'll come to u then. I tried the easy way but ur too much of a fucking dog'.
· On 30 May 2020 between 1649 and 1650 you sent the following: 'Where r u moving?' 'Just tell me', 'Make it easier for me to move on knowing ur plans', 'So…', 'U can go slut it up with those dogs u ignore me for', 'Answer now then'.
· On 31 May 2002 at 1621: 'Yeah I'll die soon'. At 1622: 'I'll find u Ruby we will talk face to face. I'm sick of u lying, ignoring me and the rest of it. U haven't said a word to me u can go around visiting blokes n can't even meet me to get it stuff'.
· On 1 June 2020 at 2123: 'I hope you get raped'. At 2124: 'Another reminder of how disgusting u r. That's y mummy kicked u out'.
· On 9 June 2020: 'I think about gassing myself every night'.
· On 12 June 2020: 'Sad to say it but it just an insta hoe trying to impress a ray of ppl online. U said my life is shit? Urs is putrid'.
· On 13 June 2020: 'Hey Ruby I know u don't want to hear from me but is there nechance I cud speak to u quickly? I promise no abuse at all'.
· On 19 June 2020 at 1111: 'Hey y u block me on ya new insta?' At 1120: 'Delete ur new how account. U look desperate.' At 1122: 'We need to talk Ruby. U had ur vagina checked?' At 1122 : 'Doctor I mean'. At 1123 you wrote: 'For diseases'.
· On 20 June 2020 at 1152 you wrote: 'Fuck ya ivo I'll brach then u can put me in jail.' At 1200: 'Yeah I wan u to put me in jail'.
18You also set up fake Instagram and Facebook accounts to contact the victim. You also contacted her friends, family and employer asking about her whereabouts. This conduct is also part of the course of conduct that gives rise to the charge of (Charge 2 - Stalking). Your stalking of Ms Jenkinson involved serious, predatory and abusive behaviour designed to instil fear in her. As her victim impact statement attests, your conduct had a devastating effect on her.
Victim impact
19In her victim impact statement, Ms Jenkinson speaks of her ongoing feelings of vulnerability and fear. She describes feeling constantly on edge. She is unable to sleep. Your offending has undermined her ability to feel safe, either at home or elsewhere, including in her workplace or in her car. She has lost confidence in herself and attributes this to the repeated derogatory comments you directed at her. She says your offending has impacted on her mental health and caused conflict in her relationships with others, including her family.
20The impact of your offending extended beyond Ms Jenkinson to her new partner, Mr Thorne, and members of his family. In Joshua Thorne's victim impact statement, he says your conduct impacted on his ability to feel safe in social settings and left him feeling anxious and unable to enjoy himself. His sister Erin Thorne also suffers intrusive thoughts, anxiety and flashbacks about the incident and has sought ongoing psychological treatment. Their mother, Jacqui Thorne, says she remains hyperalert and constantly worries about her children since the offending.
Gravity of the offending
21Turning now to the gravity of your offending, I agree with the prosecution submission that the following factors are relevant to my assessment of the seriousness of your offending:
· firstly, the offending commenced in the context of an intimate relationship with the victim that was punctuated by family violence and possessive behaviour. Despite the relationship being of only brief duration, the offending persisted after the victim ended the relationship, which is an aggravating feature of this offending;
· the offending was neither isolated nor spontaneous but rather occurred over approximately one month. The course of conduct giving rise to the stalking charge included the creation of false social media accounts and has elements of pre-planning;
· the offending encompassed by the false imprisonment charge was a particularly terrifying ordeal for the victim and lasted several hours, during which she was placed in fear by the threat of being taken to the bush and tortured;
· the offending on 20 June 2020 not only beached the sanctity the Thornes' home but was a further instance of the victim's whereabouts being discovered by unknown means, thereby heightening her sense of fear for her safety;
· the offending demonstrated a complete disregard for the victim's entitlement to safety, privacy and her right to end the relationship free of degrading abuse, threats or other menacing behaviour;
· and the offending only ended after the police attended on 20 June 2020.
22In order to fully assess the gravity of your offending and your moral culpability, it is necessary to address your personal background. I turn to this now.
Personal background
23You enjoyed a relatively happy childhood as the second of three children living with your family predominantly in Narre Warren. You completed VCAL Years 11 and 12 at Berwick Secondary College but experienced teasing from other school students regarding your severe acne. Your parents separated when you were 25 years old, but you remain on good terms with both parents and your siblings. You have lived with your father as a condition of your bail and your family remain supportive of you.
24After leaving school, you worked as a cook between 2006 and 2011 and then completed TAFE studies in construction and obtain work as a scaffolder. However, a work injury to your shoulder resulted in you leaving that industry. You worked as a courier between 2015 to 2017, which also ended due to a back injury. You then obtained work as a gardener, working in that capacity from 2018 and 2019 and again, after being bailed, secured a job as part of a horticultural team for a large gardening company, a position you have retained. You have described this as the 'Best position you have had to date', and gave evidence in the plea that you would not do anything to jeopardise your job.
25You began using cannabis and alcohol in high school. By the age of 19, you were using cannabis daily. You ceased using cannabis for approximately one year before relapsing following your shoulder injury. Up until the time of your arrest, you were using cannabis as well as cocaine and Xanax on a regular basis. You had been a heavy drinker, although you did not consider your consumption of alcohol problematic compared to your drug use.
26You were assessed for the purposes of the plea by Mr Patrick Newton, a clinical and forensic psychologist, whose report dated 21 May 2021 outlines the difficulties with each of your four relationships in the past. Your first relationship at 18 years of age was unstable due to drug use but otherwise ended at the age of 21 years without any issues. Your next relationship commenced when you were 23 years old and lasted five years. Again, this relationship was marked by drug use and was ended by your then partner. When she began seeing another man, you describe becoming, 'consumed with jealousy', and wanting, 'to get her back'[1]. A family violence intervention order was made and was subsequently breached by you repeatedly contacting the victim, leaving voicemails calling her, 'a dog', 'a slut', 'a cunt', 'a tip rat', 'a piece of shit' and 'a cum bag', as well as leaving derogatory comments on her Facebook page[2]. On 15 September 2015 you were convicted and sentenced to a 12-month community correction order (CCO), including a condition that you complete a Men's Behaviour Change Program (MBCP), for offences that included unlawful assault and persistent breach of the family violence intervention order in relation to that victim.
[1]Report of Mr Newton dated 21 May 2021, para [18]
[2]Summary of offending in the matter of Wakefield, Exhibit F
27Your third relationship commenced when you were 29 years old and lasted approximately one year. A family violence intervention order was made at the end of that relationship and was also breached by you. On 27 March 2018, you were convicted and sentenced to six months' imprisonment combined with an 18-month community correction order for offences that included two charges of contravening an interim family violence intervention order, three charges of unlawful assault, persistent contravention of a family violence intervention order, criminal damage and dangerous driving. That offending also contravened the community correction order imposed on 8 September 2015 that resulted in that order being confirmed.
28The circumstances of the offending for which you were sentence on 27 March 2018 included breaching a family violence intervention order by attending the victim's property and leaving a caged guinea pig on her front porch, repeatedly calling the victim and leaving threatening voicemail messages. For instance, in the time it took the victim to make her statement to police, you left 175 voicemail messages on her phone. You subsequently threatened the victim if she did not drop the police charges.
29On 24 September 2019 you were found to have contravened the community correction order imposed on 27 March 2018. The order was confirmed.
30Your prior convictions are relevant to a number of sentencing considerations, including my assessment of your character, your prospects of rehabilitation, the need for specific and general deterrence and for the sentence to operate to protect the community.
31You were psychiatrically assessed for the purposes of the 2018 proceedings Dr Leon Turnbull, whose report dated 19 September 2017 was tendered in this plea. At the time of that assessment, Dr Turnbull said you were, 'Obviously psychiatrically affected at the outset of the interview', but that, due to your agitated state at the time, he was unable to complete the assessment.
32You were, however, assessed for this plea by Mr Newton on 6 May 2021. You told Mr Newton your relationship with Ms Jenkinson had initially been positive, but, as with your other relationships, you said the impact of drug abuse, 'Quickly took its toll'. You told Mr Newton you became, 'Paranoid', and, 'Increasingly irrational', as the relationship continued and, 'Obsessed with the idea the complainant was seeing other people'. Further, that after the relationship ended you, 'Found it difficult to disengage', from Ms Jenkinson and continued to engage in harassing and violent behaviour towards her.
33Since being bailed, you have had no contact with Ms Jenkinson, who is protected by a family violence intervention order. You told Mr Newton that you now accept the relationship is 'irrevocably over'.
Mental health and substance abuse disorder
34Turning now to your mental health and substance abuse disorder, Mr Newton did not find that you have any primary mental health disorder. He states that whilst you have experienced 'psychosis, bizarre mentation, anxiety and mood disturbance', in the past, this has either been the result of the effects of illicit drug use or 'a reaction to the instability or other stressors which have resulted from' your drug use[3].
[3]Report of Mr Patrick Newton dated 21 May 2021, at [32]
35In relation to anxiety, Mr Newton says that you have 'some elevated symptoms of anxiety', that are, 'primarily reactive in nature', and are presently attributable to being, 'fully aware of the gravity of your offending and the prospect of a return to prison'[4]. He reports you found your past experience of prison deeply distressing. In Mr Newton's opinion, you meet the relevant criteria to be diagnosed with an adjustment disorder with anxiety.
[4]Ibid, para [44]
36Mr Newton also assessed you as having a severe substance disorder, that is now in remission.
37Mr Singh, appearing on your behalf, submitted that your severe substance abuse disorder and your lack of insight at the time of your offending reduces your moral culpability for your offending, making it unjust to attribute a full measure of personal responsibility for your offending behaviour. I do not accept this submission.
38Mr Singh accepts there is no evidence you were experiencing a drug-induced psychosis at the time of this offending. A substance abuse disorder is not a disorder that enlivens the authority of Verdins, nor does Mr Newton suggest at any point that your polysubstance abuse or the disorder was causally connected to your offending or materially reduced your culpability in relation to your conduct. While Mr Newton accepts that your ability to rationally reason about your behaviour was compromised by drug use, he goes on to state:[5]
'It is also clear, however, that the effects of the drugs were not so intense that they obscured Mr Wilson's capacity to form the intent to commit the offences or that his understanding of their wrongfulness was compromised. That is, it is my view that notwithstanding the challenges to the clarity of his thought process and impulse control, he nevertheless acted voluntarily and with awareness … that his behaviour was wrong and could cause considerable distress to those at whom it was directed. Moreover, it is clear that Mr Wilson ingested the drugs despite awareness (through lengthy past experience - including the very similar circumstances in regard to a past relationship) of their effects upon him'.
[5] Ibid, para [50]
39The evidence does not establish that your polysubstance abuse at the time of the offending is a mitigating factor. While it may have impacted on your feelings of paranoia and reduced your inhibition and ability to reason rationally, the evidence established no link between your addiction and the commission of the offences. As stated by Mr Newton, you remained 'fully aware of the wrongfulness of your actions', and had been aware of the likely effect of the drugs upon your behaviour[6]. You report an 18-month abstinence from drugs following your release from custody in 2018 but relapsed and had returned to daily cannabis use at the time of this relationship. Unlike cases such as Lacey[7] and others there is no basis to find that your substance abuse disorder is a mitigating factor in your sentence.
[6]Ibid, para [65]
[7]R v Lacey (2007) 176 A Crim R 331
40This was serious offending and your moral culpability for the offending is significant. The sentencing considerations of general deterrence, denunciation and just punishment are all highly relevant. The sentence I impose must clearly convey that violence in the context of intimate relationships is always unacceptable. Having regard to the similarity between this offending and your prior criminal history to which I have referred, specific deterrence and community protection remain relevant but are moderated to some extent by my assessment of your prospects of rehabilitation, to which I now turn.
Prospects of rehabilitation and other matters in mitigation
41You were initially bailed in July 2020 with a condition to comply with the CISP program, a bail support program. Through that program, you engaged in drug treatment and counselling and initiated a referral for counselling though the Men's No to Violence program. You self-referred to the START program, a non‑residential rehabilitation program, and then completed three sessions of drug and alcohol counselling with a forensic clinician, Ms Villani at ACSO in October 2020. It appears you have remained abstinent from illicit drugs since being bailed and are motivated to remain so.
42The client progress report prepared by Ms Villani states:
'…he presented with what was perceived to be a genuine level of treatment readiness and motivation for change. Mr Wilson has demonstrated an ability to reflect on strategies in sessions, including the recognising of triggers'…
43In addition you have completed 13 sessions of the Men's Behavioural Change group program run by Relationships Australia[8] and have committed to complete that program. You also undertook psychological counselling through a private psychologist.
[8]Letter from Relationships Australia dated 27 May 2021, Exhibit 6
44You have been living with your father, who remains supportive of you, and have secured employment working in horticulture with Citywide Pakenham. In your mother's reference tendered in you plea, she describes you as having a strong work ethic and outlines the steps you have taken to 'understand why you do this, how to recognise the triggers and find a better way to deal with his feelings of abandonment and depression'.[9]
[9]Exhibit 7
45Mr Newton says that you were able to demonstrate the benefit of your participation in the Men's Behavioural Change program with good insight into issues associated with your anger. He states your expressed desire for reformation and rehabilitation is positive. However, in Mr Newton's opinion your rehabilitation remains incomplete. As to the risk of violence in personal relationships, Mr Newton states you 'have a high need for "control" in [your] relationships, is prone to be possessive and has been perennially fearful that his partners may leave him for another', resulting in a, 'domineering and controlling approach', to intimate relationships[10]. In Mr Newton's opinion, your insight is still developing and you remain vulnerable to, 'treatment reversal'[11]. He states there is a compelling need for you to receive ongoing treatment.
[10]Report of Mr Patrick Newton dated 21 May 2021, at [62]
[11]Ibid, para [67]
46I accept that you have demonstrated a commitment to your rehabilitation as evidenced by your engagement in support programs, including through self‑referrals. Despite that, I remain somewhat guarded about your prospects of rehabilitation for the reasons identified by Mr Newton. Moreover, I agree that your insight into your offending behaviour is incomplete. While you appear willing to accept and attribute your behaviour to drug use, you still demonstrate little understanding of the other risks identified by Mr Newton in your approach to intimate relationships with women. That this remains the case, notwithstanding having participated in three separate Men's Behavioural Change programs, is of concern. I agree with Mr Newton's opinion that you do have a need of ongoing treatment. Your preparedness to do so, which you have demonstrated, is positive.
47It is accepted your plea of guilty was made at an early stage. In doing so, you saved the victims the trauma of giving evidence, which carries significant weight in a case such as this. You plea has also heightened utility given the current delays in trials by reason of the pandemic. Your plea of guilty is an indication of remorse and I have taken your early plea into account in sentencing you.
48You also gave evidence in your plea hearing, saying you know you need to change and expressed remorse for what you did. As stated, I am satisfied your plea is accompanied by remorse but that your insight into your offending is only partially complete.
49I also accept that in the wake of the COVID-19 pandemic, conditions in prison are more burdensome, causing additional stress and hardship. Lockdowns are more frequent and there are limitations on family visits. Based on Mr Newton's assessment that you are at risk of deterioration in your mental state, that is a worsening of your adjustment disorder with anxiety due to the increased stress associated with imprisonment, I accept that this burden exceeds that likely to be experienced by other prisoners. I have taken this added burden of imprisonment into account in the sentence I impose.
50On your behalf, Mr Singh submits that your continued rehabilitation could best be achieved through the imposition of a lengthy community correction order. He referred to the authority of Boulton[12] in submitting that this was a punitive order that would also promote your ongoing rehabilitation and therefore the protection of the community.
[12]Boulton v the Queen [2014] VSCA 342
51Ms Baxter appearing for the prosecution submits that a community correction order alone would not meet the paramount sentencing considerations of general deterrence, denunciation and community protection. She submits that the objective gravity of the offending and your relevant criminal history means that a period of imprisonment is warranted, albeit one followed by a community correction order. I agree with that submission.
52Although you have demonstrated a commitment to your rehabilitation since being bailed, your prior criminal history shows you have not been deterred by past sentences and the opportunities afforded by previous community-based dispositions from engaging in similar behaviours towards other women. The need for the sentence to operate to deter you persists. Having regard to your age and the fact you are not a youthful offender, whilst your rehabilitation is an important consideration it does not eclipse the more significant sentencing considerations to which I have referred, being general deterrence, denunciation and community protection.
53Balancing these matters as best I can, pursuant to s44 of the Sentencing Act 1991, I sentence you as follows.
54Mr Wilson, if you could please stand.
55On Charge 2, stalking, you are convicted and sentenced to six months' imprisonment.
56On Charge 3, false imprisonment, you are convicted and sentenced to five months' imprisonment;
57On Summary Charge 5, unlawful assault, you are convicted and sentenced to one month's imprisonment;
58The sentence imposed on Charge 2, the charge of stalking, will be the base sentence. I order that three months of the order imposed on Charge 3, being the charge of false imprisonment, be served cumulatively upon the sentence imposed on Charge 2. I order that the sentence imposed on Summary Charge 5 be served concurrently. This gives a total effective sentence of nine months' imprisonment.
59On the remaining Charges 1, 4, 5 and 6, and summary offence Charges 2, 9, 13 and 14, you are convicted and sentenced to a community correction order of two years' duration to be served immediately following your release from prison. A community correction order is punitive in itself.[13] I have not considered it appropriate to impose community hours as a component of the community correction order following your term of imprisonment. The focus of the community correction order is to provide supervision and support to facilitate your ongoing rehabilitation upon your release from custody and the length of the order has been designed to achieve that. In doing so, it is intended the CCO will foster and embed your prospects of rehabilitation and promote the protection of the community as a result.
[13]Boulton v the Queen [2014] VSCA 342
60The following conditions of the CCO will apply. You will be subject to supervision by the Office of Corrections for the duration of the order. You must be assessed for mental health and drug treatment and counselling and, if found suitable, you must comply with all lawful directions aimed at your ongoing treatment. You will also be required to engage in programs to address the risk of further offending. I intend, at least initially, to impose a condition that your compliance with the order be judicially monitored by me with the first date for judicial monitoring fixed at the Melbourne County Court on Monday, 2 May 2022 at 9.15 am.
61In addition to the conditions I have imposed there are standard conditions that must be complied with. First and foremost, you must not commit any other offences punishable by imprisonment during the two-year order. You must report within two working days of your release to the nearest community corrections office. You are required to advise your supervising corrections officer of any change of address where you are living or working and you must do so within two clear working days. It is a term of all community correction orders that you must submit to visits and you must obey all instructions and directions of your corrections officer. You are not able to leave the State of Victoria without the prior permission of your supervising officer.
62Ms Wilson, this order presents you with one last opportunity to work with services in the community to change your life in a positive fashion. You should be aware the order can be breached if you do not comply with the conditions of the order or if you offend during its duration. If you do so, you can be sentenced for breaching the order and resentenced on the charges that are the subject of the community correction order.
63Pursuant to s18 of the Sentencing Act 1991 I order that 39 days of pre-sentence detention be reckoned as served.
64Pursuant to 6AAA of the Sentencing Act 1991 I indicate that had you not entered a plea of guilty to the charge but been found guilty following a trial, the sentence I would have imposed would have been a sentence of 12 months' imprisonment combined with a community correction order.
65Please have a seat, Mr Wilson.
66Mr Singh, I will note the custody management issues reflected in the report of Mr Newton.
67MR SINGH: Yes.
68HER HONOUR: Is there any particular medication that you want me to note as a custody management issue?
69MR SINGH: Yes, Your Honour, there was - if I may ask.
70HER HONOUR: Certainly. You can approach Mr Wilson.
71MR SINGH: It's Eminovine and Zoloft.
72HER HONOUR: E-m-a-v-e-n?
73OFFENDER: E-m-i-n-o and then v-i-n-e.
74HER HONOUR: And Zoloft.
75OFFENDER: Yeah, Zoloft.
76MR SINGH: Z-o-l-o-f-t.
77OFFENDER: Yeah. And there's - - -
78HER HONOUR: And they are both prescribed?
79OFFENDER: Yeah.
80MR SINGH: Yes, they are.
81OFFENDER: And there's one on other, um, Nexium. I need Nexium, 40 milligrams a day.
82HER HONOUR: 40 milligrams of Nexium also prescribed.
83MR SINGH: Yes, Your Honour.
84HER HONOUR: All right, thank you. We will note those as custody management issues.
85MR SINGH: As the court pleases, thank you, Your Honour.
86HER HONOUR: Thank you. Any other matters arising?
87MR SINGH: Nothing.
88HER HONOUR: No. Thank you. Thank you, please adjourn the court.
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