Director of Public Prosecutions v Wilson

[2016] VCC 922

IN THE COUNTY COURT OF VICTORIA Revised
Not Restricted
 Suitable for Publication

AT MELBOURNE
CRIMINAL JURISDICTION

CR 16-00159

DIRECTOR OF PUBLIC PROSECUTIONS

v

JULIA WILSON

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JUDGE:	HIS HONOUR JUDGE JORDAN
WHERE HELD:	Melbourne
DATE OF HEARING:	29 June 2016
DATE OF SENTENCE:	29 June 2016
CASE MAY BE CITED AS:	DPP v Wilson
MEDIUM NEUTRAL CITATION:	[2016] VCC 922

REASONS FOR SENTENCE
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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr P. Pickering	Office of Public Prosecutions
For the Offender	Ms K. Argiropoulos	Galbally & O’Bryan

1HIS HONOUR:  You have pleaded guilty to one charge of attempting to pervert the course of justice.  The maximum penalty for this offence is 25 years' imprisonment.  The circumstances of your offending are set out in the Summary of Prosecution Opening read out in court, Exhibit A.  Those facts need little elaboration.  On 6 August 2014 you were pulled over in Noble Park for a driving offence while driving a Ford sedan that belonged to your brother.  The vehicle was impounded by the police due to you driving whilst disqualified.  The next day you attended the Dandenong Magistrates' Court and completed a form to have the vehicle released due to hardship.  You gave your sister's name and you appeared before a magistrate on that day and confirmed that false identity and the false details in your application.  The magistrate agreed to your request and ordered the release of the vehicle which lead you to attend at the impound unit in Preston the next day.  Your false identity was there discovered.  On 14 August 2014 you were arrested and charged two days later.

2For some unexplained reason, this matter was delayed.  It never got to the stage of even a committal mention until 2016 and you indicated at the earliest opportunity that you would plead guilty.

3I regard this offending, which involved you trying to recover your brother's vehicle, which apparently you did not have his permission to drive, as being at the very lower end of the range.  Your attempts were doomed to failure, lacked any sophistication or real planning to speak of, and were discovered at the earliest opportunity at Preston.  Neither the false paperwork nor what you said at the Magistrates' Court was on oath.

4You have admitted the contents of a criminal record, Exhibit B.  It discloses years of offending of various types consistent with the material I have been given about your very unfortunate background and more importantly your major mental health issues.  These issues are both organic intellectual deficiencies as well as those resulting from substance abuse and other forms of trauma including violence.  However, your criminal record does not disclose any offence of the nature of the one before me.  It is also informative to note that subsequent to the current offence, I am told you have been again before the courts on driving charges.  You were given a CCO with a Justice Plan in April 2015 by the Magistrates' Court.  I should say that that disposition was in no way surprising, given your mental health issues.  Importantly, you have apparently complied in all respects with the conditions of the CCO, including those incumbent in the Justice Plan.

5I cannot speculate as to the delay in this matter but it is probably such that for a simple factual offence, the matter before me could easily have been before the courts when you were dealt with for those driving offences in April last year.

6I turn now to matters personal to you.  You are aged 45.  You have endured an unfortunate life up to date.  You have an extremely disadvantaged history that is outlined in the exhibits tendered by your counsel.  The Defence Outline of Submissions, Exhibit 1; the neuropsychology report of Melissa Duncomb, Exhibit 2; the psychological report of Elizabeth Warren, Exhibit 3; and the psychological assessment of Matthew Barth all set out these personal details.  In addition, a Department of Human Services Client Overview Report, Exhibit 5; a Justice Plan, Exhibit 6; and a CCO, Exhibit 8, add to the picture, as does a letter from your current case manager, Josephine Hemopo, Exhibit 7.  That case manager attended at court on 5 May and she writes about your active participation in the support programs addressing your mental health issues and problems with life skills.  This assistance came under the umbrella of ACSO, Australian Community Support Organisation and it was indicated that this organisation will endeavour to assist in the future by way of continued support.  Further material given to me that I will refer to shortly indicates that you will have future support beyond today.

7Your counsel pointed to a number of factors which you are entitled to have taken into account in mitigation.  Firstly, your guilty plea was given at the earliest opportunity and I accept it indicates genuine remorse.  In addition, it has saved witnesses the ordeal of giving evidence as well as saving the community time and expense by way of a trial.  Other matters in mitigation are more fully set out in Exhibit 1.  It is clear to me that the principles in Verdins case are enlivened in your situation in more than one way.  I am satisfied there is a clear connection between your offending and your mental incapacity.  I accept that deterrence, both of you and in the general sense is less applicable to the appropriate sentence I impose in your case than it would be in other cases where people have attempted to pervert the course of justice.  Moral culpability is impacted by your mental impairment.  Delay was also pointed out, as I have already referred to.

8Your counsel submitted that a CCO together with a Justice Plan was the appropriate disposition.  The Crown submitted an immediate term of imprisonment combined with a CCO was within the appropriate range. Defence counsel quite properly pointed me to authority that indicated the maximum penalty for this offence offers really minimal assistance in sentencing.  I accept there is a wide disparity in the factual circumstances of cases that involve this offence.  It is an offence with such an infinite variety of circumstances that judges have little guidance.

9As well as matters personal to you I must take into account other relevant sentencing considerations.  General and specific deterrence must still be given some weight in the sentence I will impose this day and your sentence must manifest the community's denunciation of your conduct.  I must impose just punishment.

10Following the first plea hearing, an Assessment Outcome Report, a Client Overview Report and a Justice Plan have been received and have been given exhibit numbers this morning.  These materials are along the lines of the CCO and Justice Plan given to you by the Magistrates' Court in April 2015.  You have successfully complied with those requirements and that leads me to the conclusion that your chances of rehabilitation are real.  A disposition along those lines is appropriate for the current offence, in my view, without any custodial component, given the special features of a CCO both by way of just punishment and its particular capacity to advance rehabilitation of an offender.  If you agree to these terms I will impose such a sentence.

11Ms Wilson, these terms have probably been explained to you but I think I am required to just read through those if you could just listen to what I said and if you have any query about it, just ask me. What I propose to do by way of Community Correction Order and the Justice Plan requires you to do a few things.  It will last for 12 months and it will commence today.  You must attend at the Dandenong Community Correctional Services at 46 to 50 Walker Street, Dandenong within two clear working days after the commencement of this order.

12The terms that apply to all Community Correction Orders are that you must not commit another offence for which you could be imprisoned during the time that the order is in force; you must comply with any obligation or requirement prescribed by regulation 17 of the sentencing regulations 2011; you must report to and receive visits from the secretary or delegate of the secretary; you must report to the Community Corrections centre, as I have said, within two clear working days of today; you must let a Community Corrections officer know within two clear working days if you change your address or you get a job and change that; you must not leave Victoria without first getting permission to do so from the secretary or the delegate of the secretary; you must obey all lawful instructions from and directions of the secretary forth delegate of the secretary.

13In addition to those conditions, I am imposing a supervision condition which means you must be under the supervision of a Community Corrections officer for the period of 12 months which is the period of this order, and the other condition is that you must comply with the Justice Plan dated 20 June 2016.

14Are counsel satisfied that Ms Wilson understands these matters that I have given you the opportunity to take her through? 

15MS ARGIROPOULOS:  Yes, I have taken her through and she has indicated she understands and consents to the making of an order with those conditions. 

16HIS HONOUR: In the circumstances, Ms Wilson, you are convicted and sentenced to a Community Correction Order of 12 months duration, together with a supervision condition and a condition that you follow the Justice Plan. Pursuant to s.6AAA of the Sentencing Act I declare that but for your plea of guilty I would have imposed a CCO of two years duration together with a justice plan.

17Is there anything else required counsel? 

18MR PICKERING:  No, Your Honour.

19HIS HONOUR:  Apart from signing the orders.

20MS ARGIROPOULOS:  Ms Wilson will need to sign that.  Your Honour, there's just one matter I wish to raise.  When Your Honour was describing the factual circumstances and delay, I think Your Honour said that she was charged a few days after being interviewed.  In fact, she wasn't charged until 16 October 2015 which was a year after she was interviewed. 

21HIS HONOUR:  Mr Pickering, do you have any argument with that? 

22MR PICKERING:  My friend is correct. 

23HIS HONOUR:  We will just attend to the signature of the order. 

24MS ARGIROPOULOS:  Your Honour, may I be excused from the Bar table just to assist Ms Wilson with that process? 

25HIS HONOUR:  Ms Wilson, can I just say that it seems to me you have done a pretty good job since April 2015 so I congratulate you for that so I don't really want to see you again, apart from the fact that you have done a good job.  So I will say goodbye, hopefully. 

26OFFENDER:  Thank you. 

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