Director of Public Prosecutions v Yuksel

[2014] VCC 721

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR 13-00386

DIRECTOR OF PUBLIC PROSECUTIONS

v

SELMA YUKSEL

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JUDGE:	HIS HONOUR JUDGE MAIDMENT
WHERE HELD:	Melbourne
DATE OF HEARING:	23 May 2014
DATE OF SENTENCE:	23 May 2014
CASE MAY BE CITED AS:	DPP v Yuksel
MEDIUM NEUTRAL CITATION:	[2014] VCC 721

REASONS FOR SENTENCE
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Subject:
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Cases Cited:
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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms M. Zammit
For the Accused	Mr G. Traczyk

HIS HONOUR: 

1Ms Yuksel, you have heard and understood everything I said.  You will have got a bit of a shock when I remanded you in custody the other day and I hope that that has brought you up a bit short.  You will be back there again if you breach this order.

2OFFENDOR:  I understand, sir.

3HIS HONOUR:  I do not think it will be easy for you to comply with it, but sooner or later, if you do not get a grip on your life, there are going to be much longer sentences in store for you.  For that reason I am inclined to think that making you, or even giving you the opportunity to, comply with the order is probably a tougher sentence than simply sentencing you to a term of imprisonment, albeit it that I could impose a non-parole period, which would enable you to get some assistance on parole.

4That may still be what happens in the end ,but I am inclined on this occasion to vary the order.  The variations will be that there will be condition that you reside with your parents at 1 O'Hea Street, Coburg.  Can you tell me the postcode of Coburg.

5OFFENDOR:  3058.

6HIS HONOUR:  3058?

7OFFENDOR:  That's right.

8HIS HONOUR:  That you undergo assessment and treatment for your mental health is another little bit to the wording of that order.  It will be explained to you, but essentially it will be requiring you to undergo assessment and treatment for psychological or psychiatric conditions that you have.  That too, coupled with the assessment and treatment for drug abuse and dependency, is designed to help you.  That coupled with the supervision from Corrections is designed to give you some support and help to get you through these problems.

9It is up to you, but you will have to complete your 100 hours of community work, otherwise you will be in breach for that reason.  So over to you.  There will be a condition, of course, in the varied order that you report to Broadmeadows Correctional Services within two clear working days.  That is by 4 pm on Tuesday next.  Do you understand that?

10OFFENDOR:  Yes, I do.

11HIS HONOUR:  So that is your first appointment.  If you do not attend that appointment, you will be in breach already, will you not?

12OFFENDOR:  Yes, I will be.

13HIS HONOUR:  Now, you know this already, but I have to repeat it.  If you commit another offence punishable by imprisonment or you breach the order by failing to comply with the terms of the order, then you will come back before me or some other judge of this court.  You will face the prospect of being sentenced again not just for the offence but also for the breach.  It will probably be more than 18 days next time if you are sentenced for a further breach of this order.

14So that you need to take into account.  The order will run to 2 July 2015, so it will simply be a variation of the present order to that time.  But you will have to complete the 100 hours of community work by that time and otherwise comply with the terms of the order.  There are various other conditions which are mandatory conditions and they will be included in the order that you will receive and will be explained to you by Mr Travis and by your counsel in a moment, too, and further explained by the Corrections officer who deals with you on your first appointment, which will be before 4 pm on Tuesday.

15Well, you can take a seat.  I take it you consent to that order.

16OFFENDOR:  Yes, yes.  Thank you.

17HIS HONOUR:  You do?

18OFFENDOR:  Yes.

19HIS HONOUR:  I see you smiling.  It is probably you think it is better at the moment that you are not going to ‑ ‑ ‑

20OFFENDOR:  I know it's harder, but I've learnt without Mr Acic in my life I'm going to do way better.  It's a load off me, that jungle of ‑ ‑ ‑

21HIS HONOUR:  Yes, all right.

22OFFENDOR:  You know?

23HIS HONOUR:  All right.  Well, we will see, won't we?

24OFFENDOR:  Yes.  Thank you, Your Honour.

25HIS HONOUR:  All right, take a seat for a moment.  How do you spell O'Hea?  Is it O-apostrophe-H-a-y?

26OFFENDOR:  H-e-a.

27HIS HONOUR:  H-e-a.  Right.  Is that Coburg, 3058?  Did you say 3058 in Coburg?

28OFFENDOR:  Yes.

29HIS HONOUR:  Not 3085.  Mr Traczyk, if you would like to go and ensure that your client understands the terms of the order.

30MR TRACZYK:  Yes, thank you, Your Honour.

31HIS HONOUR:  Now, Ms Yuksel, you have signed this order.  I am about to sign it and, when I have signed it, it is in place.  I also sentence you to 18 days' imprisonment for the breach of the community corrections order and I convict you on that breach.  I declare pre-sentence detention of 18 days as time served on the sentence to be deducted from the sentence that I have imposed to the breach.  I order that that fact be noted in the records of the court.  That will of course permit your immediate release and will enable you to keep your appointment by Tuesday at 4 pm.  That is with Corrections.  Sit down for the moment.

32Yes, thank you very much, Ms Dugandic.  Thank you for your attendance and your assistance.

33MS DUGANDIC:  Thanks, Your Honour.  No worries, thank you.

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