Director of Public Prosecutions v Wolfe
[2016] VCC 1170
•10 August 2016
| IN THE COUNTY COURT OF VICTORIA | Revised Not Restricted Suitable for Publication |
AT MELBOURNE
CRIMINAL JURISDICTIONCR-14-01916
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| DYLAN WOLFE |
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| JUDGE: | HIS HONOUR JUDGE MASON |
| WHERE HELD: | Melbourne |
| DATE OF HEARING: | 26 February, 26 & 28 April, 27 May, 11 July, 10 August 2016 |
| DATE OF SENTENCE: | 10 August 2016 |
| CASE MAY BE CITED AS: | DPP v Wolfe |
| MEDIUM NEUTRAL CITATION: | [2016] VCC 1170 |
REASONS FOR SENTENCE
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Subject:Plea - sentencing
Catchwords: Aggravated burglary - recklessly causing injury - criminal damage
Legislation Cited: Sentencing Act 1991
Cases Cited: Boulton & Ors v The Queen [2014] VSCA 342
Sherritt v The Queen [2015] VSCA 1
Sentence: 3-year Community Correction Order
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APPEARANCES: | Counsel | Solicitors |
| For the Director of Public Prosecutions | Ms G. Overend | Office of Public Prosecutions |
| For the Offender | Ms L. Torres | Revill & Papa |
HIS HONOUR:
1Dylan Wolfe, you have pleaded guilty to one charge of aggravated burglary, one charge of recklessly causing injury and one charge of criminal damage.
- Aggravated burglary carries a maximum penalty of 25 years' imprisonment.
- Recklessly causing injury carries a maximum penalty of five years' imprisonment.
- Criminal damage carries a maximum penalty of ten years' imprisonment.
2You were born on 14 January 1993 so you are now aged 23. In October 2013, at the time of the offending, you were aged 20.
3You have a criminal record comprising one appearance at the Broadmeadows Magistrates' Court on 5 December 2011 when you were aged 18, when without conviction you were fined $400 for three summary offences.
4The background to the current offending is as follows.
5Your co-offender in this matter is Granton Freeman. At the time of the offending he was aged 35. In October 2013 he worked with you, and you two were friends. In October 2013 Mr Freeman was in a relationship with a Samantha Holland.
6Samantha Holland is the stepdaughter of the victim, Richard Withington, hereafter referred to as “Richard”. Richard was married to Ms Holland's biological mother, the victim Christine Withington, hereafter referred to as “Christine”.
7At the time of the offending Richard was aged 48 and Christine was aged 44.
8They lived at an address in Melton South in October 2013. On 28 October 2013 Ms Holland told Mr Freeman about something she thought had occurred between her and Richard in the past but was not certain of. This was an allegation that Ms Holland believed that Richard had "touched her" at his 40th birthday party, but was not sure because she had been drinking alcohol at the time.
9You were told that Richard had assaulted Ms Holland and her three children as well.
10The circumstances of the offending are as follows.
11On 29 October 2013 you were at Mr Freeman's home. You learned of the allegation that was made by Ms Holland. Mr Freeman and you then drove to the Withingtons’ house in your car. The purpose was to confront Richard about the allegation.
12You and Mr Freeman arrived at the Withington home at approximately 9.30 pm. Richard was sitting on the couch watching TV. Christine was also present within the house but was in bed. Mr Freeman opened the unlocked front door, stuck his head inside and asked for Richard to come outside. He then closed the door and waited for Richard.
13Richard went to the front door, opened the door and had a conversation with Mr Freeman who was standing on the front doorstep. You were standing behind him. Richard was having difficulty understanding what Mr Freeman was saying to him as he appeared to be breathing heavily and hyperventilating. Richard could smell alcohol on Mr Freeman's breath.
14Christine could hear voices and came to the front door. Christine saw
Mr Freeman pointing at her husband and saying something about "touching the kids". Christine then stood between Richard and Mr Freeman and attempted to guide Mr Freeman away from the front door by gently pushing him with both hands to the chest area.15As Christine pushed Mr Freeman away from the front door you, Mr Wolfe, came over the top of the two and hit Richard to the back of the head. Richard had been standing within the entry and you were now inside the house.
16Richard then retreated and jumped over his couch away from you but you followed. You punched Richard to the head again. Richard pushed you in an effort to get away, and you fell to the ground.
17Richard ran into the dining room behind the table. You followed and threw chairs at Richard. Richard had his arms up to protect his head and as a result the chairs hit his body. The chairs that were thrown damaged the walls in the dining room.
18Mr Freeman then joined you in the dining room and both of you assaulted Richard by kicking and punching him repeatedly. Richard was on the floor and rolled himself into a ball to try to protect his face and the front of his body. He could feel the punches to the back of his head.
19After being punched and kicked on the floor for approximately 30 seconds Mr Freeman said "I'm going to cut your fucking throat, cunt". Richard then grew very scared.
20All of a sudden you and Mr Freeman ran out of the house via the front door. After a few seconds Richard got up off the floor and went out the front door to find his wife, as he could hear her screaming out the front in the street.
21Christine had gone to get help after being assaulted by Mr Freeman outside the house. Police were called and attended at the address.
22Upon you and Mr Freeman returning to Mr Freeman's home you told Ms Holland what had happened. One of you told her, "I smashed the cunt".
23As a result of the assault upon him Richard suffered bruising to the back of his right ear, lacerations and bruising to his left chest and abdomen area and a sore left knee.
24On Wednesday 11 December 2013 you attended at the Melton police station by appointment. You were interviewed by police and made full admissions. You said
·I'm an apprentice roof tiler. Grant just started working with us … this night I heard what happened. Sam brought us in and showed us what apparently Rick's been doing to the girls. I already knew beforehand that Rick had done it to Sam but she didn't know Grant told me … we obviously went around there to speak to him. To confront him about it. And one thing just led to another.
·We went around there … it basically escalated … a fight broke out …
·I went just to see if it was true … we were going to speak to him … it just got out of control.
·He [Grant] told me earlier that night about it. I think he told me about it in the morning and we spoke about it. I said “I don't know” and Grant said 'We'll just go round there and talk to him.'"
25On 27 October 2014 you offered to plead guilty to the current charges. This offer was not accepted until 23 October 2015. The trial had been listed to commence on 26 October 2015.
26Your co-accused, Mr Freeman, was sentenced by His Honour Judge Maidment on 31 March 2015 for offences relating to this offending and for unrelated offending. For the charge of intentionally cause injury to Richard Withington he received a sentence of 12 months' imprisonment. For the charge of aggravated burglary at the Withington home he received a sentence of 3 years and 6 months' imprisonment. He received a total effective sentence of 7 years and 9 months' imprisonment with a non-parole period of 4 years and 9 months when all the matters, including the unrelated offending, were taken into account.
27As noted earlier, you are now 23 and at the time of the offending you were aged 20. You had a difficult childhood marked by disruption, lack of male role models or appropriate role models, your mother's alcohol excess and some violence. You suffered night terrors and other issues as a child. You have cognitive challenges and you have regularly engaged in alcohol and illicit substance abuse involving cannabis and amphetamines. There have been periods when you have moderated or ceased this abuse. You have been in a relationship with your girlfriend for approximately two years and it seems she has been a steadying influence on your life. Your employment has been sporadic since leaving school after completing Year 12 and commencing but not completing a plumbing apprenticeship. You have an underlying anxiety and depressive disorder and have been on regular medication for depression for almost
12 months now.28Your behaviour on the occasion of this offending can only be regarded as very serious. As has been eloquently indicated in the victim impact statements, the emotional consequences to victims can be devastating and long lasting. This was a terrifying experience for the victims, committed at night when the victims were enjoying the tranquillity of their home. Your motivation was initially to confront the victim but circumstances developed at the front door bringing about your spontaneous intention to assault and to continue the assault into the home.
29People are entitled to feel safe in their homes and violation of that sense of security falls to be strongly denounced. As was indicated by the prosecutor in her submissions on sentencing, the principles of general as well as specific deterrence loom large in the sentencing considerations. The maximum penalty of 25 years' imprisonment is an indication of how seriously Parliament views this offence.
30As to parity, there are obvious and significant differences between you and your co-accused including the age disparity, your lack of relevant prior offending compared with your co-accused's extensive history including offences of violence, and the different charges of assault your co-accused faced.
31You first presented before me on this matter on 26 February this year. On that date you were arraigned and the plea in mitigation proceeded. It became quickly apparent that you had also committed another serious offence, recklessly cause serious injury in circumstances of alcohol-fuelled street violence, a little over three months after the current offending. This is not considered prior offending for the current purposes but remains important for context, especially when considering your prospects of rehabilitation and the type of sentencing disposition that might be directed.
32As a result of that offending His Honour Judge McInerney was moved to encourage your rehabilitation by directing that you serve your sentence in the community by way of a community correction order. What also became immediately apparent was that you had made very little effort to comply with the terms of that order, had unacceptable absences from both community work and supervision and had disengaged from the service.
33Despite this, after hearing background material from your counsel's conversations with your Corrections officer and, in particular, the evidence of your father, I allowed you further time to re-engage with the community services and to make a real attempt to comply with your correction order. In addition you were encouraged to seek further medical and psychological assistance. You assured me that you would re-engage with your order. The further hearing of the plea was then adjourned to 28 April this year. I also suggested that a compliance report be obtained by that date.
34On 28 April 2016 your plea recommenced before me. On that date I received evidence that after attending supervision with Community Services on 2 and 7 March this year you had otherwise not attended and again disengaged and failed to respond to phone calls and letters. You were deemed as unsuitable for a community correction order.
35The matter could have ended there but a report from Mr Bernard Healey had been obtained in the meantime. The report confirmed an earlier Mental Health Care Plan assessment of 1 October 2015 with a diagnosis of mixed anxiety and depression in the context of illicit substance abuse including alcohol, cannabis, amphetamine and ‘ice’. A certificate from a Dr Torabi, dated 26 April 2016, reported that you have been on prescription medication for mixed anxiety and depression - Paroxetine - since September 2015. There was further evidence that you had an appointment with another psychologist for 2 May 2016.
36On the basis of that information, together with the difficulty that you had in communicating with Bendigo Correction Services rather than at Melton, I again adjourned this matter to enable counselling with the psychologist to commence and for re-engagement with the correction order through the Melton office. You again assured me that you would so re-engage. The matter was adjourned to 27 May 2016. On 27 May you failed to appear however provided evidence, which I accepted, that you were incapacitated through illness. The further hearing was adjourned to 11 July 2016.
37By that date I had received two further reports from the Melton Community Corrections Service. On 23 May it was reported that following the 26 April hearing you attended initially on 4 May but by the date of the report had only attended work on one occasion and had accrued two unacceptable absences. You have given inconsistent information concerning your illicit substance use and failed to attend a scheduled urine analysis test on 23 May and failed to respond to a request to discuss evidence relating to two further absences.
38Your report that you had voluntarily commenced mental health treatment was not capable of being confirmed. In total, since being placed on your order in September 2015 you had completed only 5.15 hours of community work of the 300 hours ordered.
39A further report dated 7 July 2016 was also provided. In summary it reported sporadic contact and less than satisfactory unacceptable absences. You, by then, had completed 12.5 hours of unpaid community work. You had also failed to maintain adequate communication with the correctional service, failed to validate absences, continued to report cannabis use and failed to attend further appointments for urine analysis. Attempts to engage with Odyssey House for drug substance abuse treatment failed due to clashes with an appointment to attend Corrections Services on one occasion and an inability to attend a four o'clock appointment because of employment hours. No evidence had been received, despite requests, that you have been engaging in psychological counselling as you had asserted.
40As a result of Corrections Services’ inability to establish one of the unacceptable absences, it was withdrawn. On the basis of your assertion that you had, in fact, been attending the psychologist, I allowed a further adjournment to enable evidence to be produced.
41I have now received a report from Dr Hema Parihar, clinical psychologist. Dr Parihar opines that your overall psychological profile is complex and requires significant intervention. Specifically, you suffer from a severe level of anxiety and depression at clinical level. This is consistent with your Mental Health Care Plan diagnosis in October 2015 at which time you were prescribed the anti-depressant medication.
42A further progress report has been received dated 8 August 2016.
43Following the last appearance here on 11 July you have attended Corrections Services on all required occasions and conducted yourself in a respectable manner whilst in attendance. A direct phone number for contact has been established. Your partner has been very helpful in maintaining communication with Corrections concerning appointment times and any need for re-scheduling. You had attended three of the four occasions for unpaid community work. It is noted in the report that you have shown improvement towards compliance with the conditions.
44You have also attended as scheduled to Odyssey House and it is reported that you engaged well. You have a further appointment with Odyssey on 17 August. The anger management program was not running due to a lack of funding, however a new program will commence in September and it is anticipated that you will be able to attend.
45On your initiative you have engaged with ACSO to undertake a safe driving program which is necessary for you to complete in order to be re-licensed. You have managed to save $400 to pay for that program, the balance of $387 being paid for by your mother.
46Significantly, you have managed to re-engage in fulltime employment. The payslips confirm that you have maintained that employment to the present date.
47You have reported that you engage well with both Dr Parihar and Dr Fabian Elzo at Odyssey House.
48In all circumstances you have been given every possible opportunity to engage with Community Services for the purpose of complying with the community correction order as directed by His Honour Judge McInerney in September 2015. It is now just under one year since that order was made. It is only with the greatest of indulgence and encouragement from this court that you have just begun to make a serious effort to comply.
49It is entirely understandable that Corrections take the view that you are unsuitable for such an order to be made in sentencing you now for the offences you committed in October 2013. The report remains that you are deemed unsuitable for a community correction order.
50The basic purposes for which a court may impose a sentence are punishment, deterrence, being both specific to you and general to make an example of you to others, rehabilitation, denunciation and the protection of the community. In sentencing I must have regard to range of matters such as the seriousness of the offending, your culpability for it, its context, your personal circumstances and those of the victim. I am required to balance the interests of the community in denouncing criminal conduct with the interests of the community in seeking to ensure that, as far as possible, offenders are rehabilitated and reintegrated into society.
51Ordinarily, a person committing offences of this nature should expect a sentence of imprisonment to be immediately served and for a significant period. There are exceptions and I am persuaded this is one. This offence occurred almost three years ago. You were a youthful offender at the time of offending and remain relatively youthful now. You have experienced a disadvantaged and dislocated early life as a child and developed anxieties and depression.
You drifted into illicit drug use including regular amphetamine use and at times alcohol abuse.52To your credit, despite this lifestyle and its context you have remained relatively free of the more commonly observed associated drift into criminal offending. Furthermore you have maintained, over an extended period now - a period of approximately two years - a stable relationship with your current partner.
She has attended every adjourned appearance of this matter since you were first before me in February this year and it is plainly obvious to me that she has been very supportive and committed to your assistance.53As noted above, you have now maintained full-time employment for a sustained period and you have finally managed to make some real effort to comply with your community correction order.
54In mitigation, therefore, I take into account the following matters:
· Your youthful age at the time of offending and still relatively youthful age now.
· Your difficult and disruptive formative years.
· Your anxiety and depressive condition.
· The context of your long term alcohol and illicit drug use together with your attempts to control it.
· Your absence of relevant prior offending
· Your cooperation with the police investigation.
· Your plea of guilty and the attendant remorse.
· Your family support, particularly from your partner.
· The delay in this matter.
· Your employment history and its prospects
· The fact that you have finally made a concerted attempt to engage appropriately with your current community correction order.
55In making the order I am about to make I have given the fullest application to the principles expressed by the Court of Appeal in the decision of Boulton[1].
I have done so because, as I expressed in the discussion on submissions with counsel, I consider that the best way to achieve the end result of sentencing, that is the protection of the public, is likely to be achieved by the course I intend to take.[1] Boulton & Ors v The Queen [2014] VSCA 342
56In the case of Sherritt[2], the Court said as follows,
"The court in Boulton emphasised that if the CCO is to serve the purpose for which parliament quite clearly envisaged it, sentencing courts, including this court, need to rethink the conventional wisdom about whether prison is really the only option. The court was at pains to spell out the grave disadvantages of imprisonment both for the offender and for the community, and the unique advantages of a CCO in enabling real punishment to be imposed at the same time as advancing the offender's rehabilitation in a way no prison term ever can."
[2] Sherritt v The Queen [2015] VSCA 1
57In the case of Boulton the court said,
"The availability of the CCO dramatically changes the sentencing landscape. The sentencing court can now choose a sentencing disposition which enables all of the purposes of punishment to be served simultaneously in a coherent and balanced way, in preference to an option (imprisonment) which is skewed towards retribution and deterrence.
"The CCO option offers the court something which no term of imprisonment can offer, namely, the ability to impose a sentence which demands of the offender that he/she take personal responsibility for self-management and self-control and (depending on the conditions) that he/she pursue treatment and rehabilitation, refrain from undesirable activities and associations and/or avoid undesirable persons and places. The CCO also enables the offender to maintain the continuity of personal and family relationships, and to benefit from the support they provide.
"In short, the CCO offers the sentencing court the best opportunity to promote, simultaneously, the best interests of the community and the best interests of the offender and of those who are dependent upon him/her. On this analysis, if defence counsel submits that a CCO would be appropriate, it is no answer for the prosecutor (or a judge) to say, 'How could a community correction order be appropriate, given that an offence of this seriousness has always received imprisonment?' As we have endeavoured to explain, that question should mark the beginning, not the end, of the court's consideration."
58The court continued:
"The views we have expressed are reinforced by the recent insertion into the [Sentencing] Act of s.5(4C). This provision came into force on 29 September 2014, after the completion of argument in the present proceeding. The new subsection provides as follows:
A court must not impose a sentence that involves the confinement of the offender unless it considers that the purpose or purposes for which the sentence is imposed cannot be achieved by a community correction order to which one or more of the conditions referred to in sections 48F, 48G, 48H, 48I and 48J are attached.
…….
"What is most powerful about s.5(4C) is that it prohibits the imposition of a sentence of imprisonment unless the sentencing court has paid specific and careful attention to
(a)the purposes for which the sentence is to be imposed on the offender; and
(b)whether those purposes can be achieved by a CCO to which one or more of the specified (onerous) conditions is attached.
"The process of deliberation which this provision requires should assist in the reconceptualization of sentencing options to which we have referred. In particular, that process will throw into much sharper focus the distinction we have sought to draw between the narrow, punitive purpose (and effect) of imprisonment, on the one hand, and the multi-purpose character of the CCO. The sentencing court should ask itself a question along the following lines:
Given that a CCO could be imposed for a period of years, with conditions attached which would be both punitive and rehabilitative, is there any feature of the offence, or the offender, which requires the conclusion that imprisonment, with all of its disadvantages, is the only option?"
59In my view imprisonment is not the only option. You have demonstrated that you do have the capacity to properly engage in a community-based program. In the end it is up to you now to take responsibility yourself for your own life. I do accept that your underlying conditions had a significant effect on your ability to comply with the order which was originally made and I suspect, I certainly hope, that if you can maintain the assistance that you are getting now from your psychological counselling, from the Odyssey House treatment and the other programs, then you will be able to maintain a course within the community-based program that you are currently undertaking under His Honour
Judge McInerney's order and on the order that I am about to impose.60Now you understand that I am not making any order on His Honour
Judge McInerney's order. That order remains.61I am imposing another community correction order upon you. It is going to include not only the provisions for your rehabilitation in courses but also some further hours of unpaid community service as a punitive aspect. The number of hours I am imposing are much more limited than what they otherwise would be but that is to avoid a crushing sentence. I want to encourage you to maintain your full-time work. You will already be working, pretty much, to six days per week to comply with His Honour Judge McInerney's order .
62The effect of my order will be that it will extend the period of you being under a community correction order for another year. You will be able to comply with the unpaid community hour component without it crushing you, being on top of the current order.
63Now you will not find it easy because there are strict compliance orders.
You have already found it difficult in the past and you are going to have to make a really concerted effort to maintain it.64If you could now stand for the specific sentence.
65On Charges 1, 2 and 3 you are ordered, with conviction, to serve a community correction order for a period of three years.
66The community correction order commences today and ends on 9 August 2019. The corrections centre you will attend is the Melton Community Correctional Service at 83-85 Unit Street, Melton, and you must attend there within two clear working days of the commencement of the order, that is, by 4.00 pm this Friday, 12 August.
67All the mandatory terms of a community correction order apply and the additional conditions I impose are that:
· you be under the supervision of a community corrections officer;
· you perform 150 hours of unpaid community work as directed by the regional manager;
· you undergo assessment and treatment (including testing) for drug abuse or dependency as directed by the regional manager;
· you undergo assessment and treatment (including testing) for alcohol abuse or dependency as directed by the regional manager;
· you undergo mental health assessment and treatment including (but not limited to) mental health, psychological, neuro-psychological and psychiatric, if necessary in a hospital or residential facility, as directed by the regional manager;
· you undergo programs for courses aimed at addressing factors relating to your offending as directed by the regional manager.
68Now you have already had the mandatory terms of a community correction order explained to you - you are already on an order - but I will just go over them again with you now so there can be no mistake about this matter.
69The mandatory terms 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 the requirements of Regulation 17 of the Sentencing Regulations 2011, and that essentially sets out your obligations as to your attendance at the community corrections centre, such things as not being drug-affected or alcohol-affected;
· you must report to and receive visits from a community corrections officer;
· you must report to the community corrections centre, that is the Melton centre, within two clear working days of the order starting, and as I have already indicated that is by 4.00 pm this Friday, 12 August;
· you must notify a community corrections officer of any change of address or employment within two clear working days after the change;
· you must not leave Victoria without first getting permission to do so from a community corrections officer; and
· you must obey all lawful instructions from and directions of community corrections officers - such directions may be given either orally or in writing.
70Do you understand and agree to those conditions, Mr Wolfe?
71OFFENDER: Yes I do, Your Honour.
72HIS HONOUR: If you get sick or if there are exceptional circumstances the order may be suspended for a period of time, and if your circumstances materially alter you may apply for a variation or cancellation of the order. In either case you must notify the Melton community corrections centre and
I recommend that you obtain legal advice if any of these things happen.73The important thing is you communicate and you make sure you are communicating with Correctional Services all the time to tell them if there are any things that are disturbing your ability to comply with the order.
74However I must warn you that if you breach any condition of this order, you will be brought back to court and that will be back before me. One of the options open to me is to cancel the community correction order and to resentence you on the original charges and I may also deal with you for the breach by sending you to prison for up to three months on the breach offence alone.
75Now you will readily understand that a lot of latitude has been given to you to allow you, and to assist you, to comply with your previous order and with the hope and expectation that you are going to comply with this order I am now imposing. All this material is clear before me and I am keeping all the materials. If a breach occurs and you come back before me, you cannot really expect much more latitude.
76OFFENDER: I promise you it won't happen, Your Honour.
77HIS HONOUR: Well I hope you can maintain it. The reason I am giving it to you is that, with a risk, I think you can maintain it.
78OFFENDER: I can.
79HIS HONOUR: But you have been given a direction now and sometimes just having a sense of direction means that you do not throw your hands up and have a sense of hopelessness, all right? So do you understand the consequences of breaching your community correction order?
80OFFENDER: Yes, fully.
81HIS HONOUR: All right, well I'll ask you to sign the community correction order shortly. Now was there a forensic procedure order sought?
82MS OVEREND: No, Your Honour, there are no orders sought.
83HIS HONOUR: All right thank you. Any other matters from either counsel?
84MS OVEREND: No, Your Honour.
85MS TORRES: No, Your Honour.
86HIS HONOUR: You may be seated for the moment please. In fact you can leave the dock and come down behind your counsel. This order will be passed to you now.
87MS TORRES: Yes, thank you.
88HIS HONOUR: Thank you. I am told that ACSO is the Australian Community Support Organisation.
89MS TORRES: Yes thank you, Your Honour.
90HIS HONOUR: Please be seated, Mr Wolfe. That's ACSO. I also indicate that within - hopefully within the next few days but probably within a week, depending on when it comes back from the transcript personnel, an edited copy of this sentence will be available and that will be available for the record generally, as it always is, but you may find it helpful when ultimately these other matters are addressed in the Magistrates' Court ‑ ‑ ‑
91MS TORRES: Yes.
92HIS HONOUR: ‑ ‑ ‑ and it will be particularly helpful if, by that time, any counsel acting on your behalf, Mr Wolfe, is able to be able to point to the record of your continuing observation and compliance with your correction orders - this order and His Honour Judge McInerney's order. It may be a powerful incentive for any disposition on any finding of guilt on those matters to continue this type of order. It will only happen if you comply with this order. So you are under a lot of pressure ‑ ‑ ‑
93OFFENDER: Yes, Your Honour.
94HIS HONOUR: ‑ ‑ ‑ for it to occur. Now I just also want to say to you this, that Corrections are going to be - they are going to be, fairly understandably, frustrated by the way they see a lot of the communication that's taken place, or lack of communication, and so you are going to have to be, again, very compliant with the arrangements that are made. You are going to have to be firm with your employer about the need for you to be making and going to the appointments. I do not think there would be a lot of latitude given by Corrections to missed appointments, late changes in appointments and all of that. You are going to have to be very disciplined.
95OFFENDER: Yep.
96HIS HONOUR: One of the encouraging things, two very encouraging things, that I have referred to is the continuation of your relationship, which is very important for you and the continuation of employment, which is particularly important to your mental health by giving you that sense of direction in your life. So it is going to be important that you maintain both those aspects.
97OFFENDER: Yes, Your Honour.
98HIS HONOUR: All right, well I hope you are able to maintain this order. I think you can and I hope I do not have to see you on any breach.
99OFFENDER: Thank you, Your Honour, I appreciate it.
100HIS HONOUR: Good luck. All right, otherwise I think we are ten o'clock tomorrow morning.
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