Hillier and Willemse
[2017] VCC 2032
•25 August 2017
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
Case No. AP-17-1378
| In the matter of KRISTIE HILLIER |
| and SENIOR CONSTABLE BELINDA WILLEMSE |
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JUDGE: | Her Honour Judge Cannon | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 24 August 2017 | |
DATE OF SENTENCE: | 25 August 2017 | |
CASE MAY BE CITED AS: | Hillier and Willemse | |
MEDIUM NEUTRAL CITATION: | [2017] VCC 2032 | |
REASONS FOR RE- SENTENCE
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Subject: CRIMINAL LAW
Catchwords: Appeal against sentence – Original order involved term of imprisonment - Unlawful assault – History of alcohol abuse - Resentenced
Sentence: Appeal against sentence allowed – Community Corrections Order imposed – 12 months duration with supervision, 80 hours unpaid community work offset by up to 50 hours of satisfactorily completed treatment and rehabilitation for drugs and alcohol, mental health and re-offending programs – treatment and rehabilitative conditions (drugs, alcohol – Judicial monitoring
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Ms R. Furletti | Solicitor for Public Prosecutions |
| For the Accused | Mr B. Overend | VLA |
HER HONOUR:
I set aside the order of the Magistrates Court made at Heidelberg on 6 June 2017.
Ms Hillier, your conduct which gives rise to the assault charge was dreadful. It’s a real concern that you were so intoxicated that you had no real memory of what you did. I do not treat this as an aggravating factor but you must understand that there is a definite link between your intoxication and criminal offending. If you choose to abuse alcohol in the future, then your decision to do so may well be treated as an aggravating feature of that offending. I have a record of what I have just told you and this can be used by any sentencing judge or magistrate in the future in the way I have just indicated. Do you understand this?
When you behaved as you did toward the victim, your young children were present which is an aggravating feature of what you did in my view. If you want your kids to grow up as happy and responsible people, you must show them the way and not behave like a drunken savage. The victim, a stranger to you, must have been very frightened when you attacked her, and I must be concerned about protecting the community from you.
You provided a letter of apology although this was written very recently and at the suggestion of your barrister. This was rather self-serving in my view. However, he tells me that you are sorry for what you have done, and I accept that you are. Having said that, the way to show that you are thoroughly remorseful is to change your ways. I see that you have already embarked on appropriate steps to change for the better, which is to your credit. You have engaged with professionals at the North Eltham Medical Centre and a mental health plan has been created for you. You have also engaged well with Uniting Care ReGen and you are seeing a psychologist, Ms McAlear on a regular basis.
I was told that one of the problems that you currently encounter is that your partner is a hoarder which causes a great deal of angst for you. It would be good if he were to be counselled about this. Often such environments are not too safe for the occupants of the household, and in your case, it is making things hard for you, even though, it appears that your relationship is rather solid.
You have three young children living with you, and I have factored this in when imposing sentence, as any time in gaol would be harder for you than for others, because you would be concerned about their welfare. However, Ms Hillier, there are many women in gaol who have children living with others in the community, so, if you commit any further offence or offences or fail to comply with the Community Corrections Order I am about to impose, you will find yourself facing a gaol term. It’s time to get your act together once and for all.
You have a criminal history which involves some violent offending although you had behaved yourself for some time before last year when this offending and other offences were dealt with in March this year. Those offences were being drunk in a public place and assault of an emergency worker on duty. You were convicted and the matter was adjourned for a year on the condition that you completed at least six sessions of counselling, providing proof in relation to this. I was told that you complied with this condition which is to your credit.
In sentencing you I have taken into account your background which was a difficult one, marked by dreadful abuse and neglect. Your mother was far from the caring and nurturing individual that you were entitled to have. I am sure that you want to be a far better mother to your children than your own mother was to you. Your former partner was abusive toward you. Your children of that relationship still live with him, I was told.
You have not committed any further offences since October last year and I understand that you usually stay at home. However, things can flare up and you resort to alcohol, which then exposes you and the community to the risk of you offending. If you don’t know already, you and alcohol do not mix.
I can understand why the learned magistrate in the Court below sentenced you to a gaol term. However, you have shown that you can rehabilitate and you have taken some very solid steps to do so. You must keep going, Ms Hillier.
I have taken into account the material which was tendered on your behalf as well as your plea of guilty.
The terms of the CCO that I propose are as follows:
The period for which the order will operate is 12 months.
The mandatory terms that apply to all Community Correction Orders are:
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);
You must report to the Heidelberg Community Corrections Centre before 4 pm within two clear working days of today. Get there on Monday.
You must let a community corrections officer know within two clear working days of you changing your address or job;
You must not leave Victoria without first obtaining permission to do so from the Secretary (or delegate);
You must obey all lawful instructions from and directions of the Secretary (or delegate).
The conditions that apply in addition to the mandatory terms listed are:-
Community Work
You must undergo 80 hours unpaid community work within the next 12 months. This can be offset by up to 50 hours of satisfactorily completed treatment and rehabilitation for drugs and alcohol.
Supervision
You must be under the supervision of a Community Corrections Officer for a period of 12 months .
Treatment and Rehabilitation
You must undergo assessment and treatment (including testing) for alcohol and drug abuse or dependency as directed by the Regional Manager.
You must undergo mental health assessment and treatment including (but not limited to) mental health, psychological, neuropsychological and psychiatric treatment in a hospital or residential facility, as directed by the Regional Manager. In this regard, I note that you are currently seeing a psychologist, which ought be brought to Community Corrections attention.
You must undergo programs or courses aimed at addressing factors relating to the offending as directed by the Regional Manager, especially the Anger management program-on this regard, I understand that you had already approached Relationship Australia so Community Corrections may require you to follow this through.
Judicial Monitoring
You must attend the Melbourne County Court on Tuesday 14th November at 09:30 AM to be reviewed by me, and you may be required to attend for further reviews by me from time to time for the duration of the order.
Do you consent to the terms and conditions of the order?
I should tell you that if you do not comply with all of the requirements of this CCO then you will face breach proceedings before me. You will be sentenced in relation to the breach and you will be re-sentenced in relation to the charges-in which case you may well be sentenced to gaol. I would regard a breach of the CCO as a most serious matter, whether it be because of further offending or because of non-compliance with any of the other conditions of the order.
Do you understand this? Do you maintain your consent to the order?
Therefore in relation to the charges, you are convicted and sentenced to a CCO in the terms and conditions that I have just set out.
You can come out of the dock and I will ask your Counsel to assist you with the signing of the CCO
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