Director of Public Prosecutions v Zaccardi

[2017] VCC 1196

IN THE COUNTY COURT OF VICTORIA

AT MELBOURNE

CRIMINAL DIVISION

Revised
Not Restricted
Suitable for Publication

Case No. AP-15-2481

DIRECTOR OF PUBLIC PROSECUTIONS

v

ALFREDO ZACCARDI

---

JUDGE:	Lewitan
WHERE HELD:	Melbourne
DATE OF HEARING:	25 AUGUST 2017
DATE OF SENTENCE:	25 AUGUST 2017
CASE MAY BE CITED AS:	DPP v Zaccardi
MEDIUM NEUTRAL CITATION:	[2017] VCC 1196

REASONS FOR SENTENCE
---

Subject:CRIMINAL LAW

Catchwords:             Contravention of Community Corrections Order – Contravention by non-compliance and further offending

Legislation cited:      Sentencing Act 1991

Sentence:Contravention proven and fined $200, confirm the order originally made.        

---

APPEARANCES:	Counsel	Solicitors
For the DPP	Ms Roodenburg	Office of public prosecutions
For the Accused	Mr Lawrence	Pica Criminal Lawyers

HER HONOUR:

1       On 8 December 2015 the County Court at Melbourne convicted you of breach alcohol interlock condition (1 charge) and 3 charges of drive whilst authorisation suspended and ordered you to serve a Community Correction Order for a period of 2 years.

2 It is now alleged pursuant to s83AD(1) of the Sentencing Act 1991 that you have contravened the Community Correction Order without reasonable excuse as follows:

1.        That you failed to report as directed on five occasions in 2016.

2.        On 29 March 2017 you were also convicted  of a further offence of unlawful assault on 12 February 2017 during the operational period of the Community Correction Order.  You were sentenced to a 12 month community correction order commencing on 29 March 2017 and ordered to complete 100 hours of unpaid community work.

3 Section 83AD of the Sentencing Act 1991 provides:

(1)An offender who is subject to a community correction order must not contravene that order, unless the offender has a reasonable excuse.

Penalty:3 months imprisonment.

4       I find that you have contravened the Community Correction Order imposed by this Court on 8 December 2015.   You are convicted of breach of the Community Correction Order and fined $200.

5 Section 83AS of the Sentencing Act 1991 sets out the powers of the court on a finding of guilt for contravention of Community Correction Order in the following terms:

(1) If a court finds a person guilty of an offence under section 83AD (in addition to sentencing the offender for the offence) the court must –

(a)vary the order in any manner set out in section 48M(2)(d),(e), (f), (g) or (h); or

(b)confirm the order originally made; or

(c)cancel the order (if it is still in force) and, whether or not it is still in force, subject to subsection (2), deal with the offender for the offence with respect to which the order was made in any manner in which the court could deal with the offender as if it had just found him or her guilty of that offence; or

(d)cancel the order and make no further order with respect to the offence with respect to which the order was originally made.

6 Section 83AS(2) provides that in determining how to deal with a person who has breached a Community Correction Order, the Court must take into account the extent to which the offender has complied with the order.

7       In a report dated 18 July 2017 and an addendum report dated 14 August 2017 Madelaine Gorey (case manager) stated that overall your engagement with the order has been satisfactory.  You completed 200 hours of the mandated hours to be completed pursuant to the Community Correction Order.

8       You attended counselling for drug and alcohol treatment.  You attended urinalysis testing and consented to breath testing during the Order.  Your breath test returned negative for alcohol.  However on 8 August 2017 you produced a positive testing result for cannabis.  This reading indicated a low level of cannabis in your system.

9       You attended for a mental health assessment with your doctor but were deemed unsuitable for mental health treatment due to your stable presentation.

10      You were directed to complete the Road Trauma Awareness Program (RTAP).  You completed the Road Trauma Awareness Seminar on 19 August 2017.

11      The case manager has recommended that the contravention be found proven and the order confirmed.  

12      I have taken into account the submissions made by your counsel, the references by your employers David and George Comparo, your children James, Nicholas and Kiara Zaccardi and Jim Patsavouras.  I propose to confirm the Community Correction Order made 8 December 2015.