Lupton v Henderson

Case •

[2016] VCC 1583

•

17 June 2016
IN THE COUNTY COURT OF VICTORIA Revised
Not Restricted
Suitable for Publication

AT MELBOURNE
CRIMINAL JURISDICTION

AP-16-0170

MELANIE LUPTON

and
SENIOR CONSTABLE JACK HENDERSON

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JUDGE: HER HONOUR JUDGE CANNON
WHERE HELD: Melbourne
DATE OF HEARING: 16 June 2016
DATE OF SENTENCE: 17 June 2016
CASE MAY BE CITED AS: Lupton v Henderson
MEDIUM NEUTRAL CITATION: [2016] VCC 1583

REASONS FOR SENTENCE
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Subject:                  CRIMINAL LAW

Catchwords:           Appeal against sentence – Recklessly cause injury                 

Sentence:Convicted and sentence to Community Corrections Order of 2 years duration with mandatory and other conditions

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APPEARANCES:

 Counsel Solicitors
For the Director of Public Prosecutions

Ms C. Pezzimenti

 Solicitor for Public Prosecutions
For the Offender Mr B Johnston VLA

HER HONOUR: 

  1. Ms Lupton, your behaviour on the day which gives rise to the charges, was dreadful. You may have been exhausted and upset about your neighbour’s actions, but, as you now appreciate, you had no business in attacking her as you did. When I heard the summary of your offending and looked at your criminal history, I took a preliminary view that the sentence of 14 days’ gaol which you received in the Magistrates Court was merciful.

  1. However, it seems to me that you have been a devoted parent in very trying circumstances and that you are reaching out to services that can help you. Also, it seems that the father of your children is  playing a part in supporting the family. Since this incident, there has been no further offending and your prior matters are somewhat dated. You have managed to overcome a great deal of difficulty in the past, and I want to give you a chance to make a better future for yourself and your children. To do this, it is essential that you fully engage with the services that you are already engaging with and to take every advantage of the programs that will be part of this CCO. If you don’t, you run the very real risk of spending time in gaol.

  1. I set aside the orders of the Frankston Magistrates Court dated 25 January 2016.

  1. I intend to place you on a Community Corrections Order but I can only do this with your consent so please listen carefully to the order that I propose:

  1. The CCO would run for a period of 2 years.

  1. The conditions of the CCO would be as follows.

  1. The mandatory terms that apply to all Community Correction Orders are:

  1. You must not commit another offence for which you could be imprisoned during the time that the order is in force;

  1. You must comply with any obligation or requirement prescribed by regulation 17 of the Sentencing Regulations 2011;

  1. You must report to, and receive visits from, the Secretary to the DOJ (or his or her delegate);

  1. You must report to the Frankston Community Corrections Centre before 4 pm on Tuesday 20th June 2016.

  1. You must let a community corrections officer know within two clear working days of you changing your address or job;

  1. You must not leave Victoria without first obtaining permission to do so from the Secretary to the DOJ (or his/her delegate);

  1. You must obey all lawful instructions from and directions of the Secretary to the DOJ (or his/her delegate).

  1. The conditions that apply in addition to the mandatory terms listed are:-

Community Work

  1. You must undergo 70 hours unpaid community work within 2 years.

Supervision

  1. You must be under the supervision of a Community Corrections Officer for a period of 2 years.

Mental Health

  1. 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.

Programs to reduce re-offending

  1. You must undergo programs or courses aimed at addressing factors relating to the offending as directed by the Regional Manager. In particular, I require you to undergo a program or course in respect of anger management.

Do you consent to the terms and conditions of the order?

  1. 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?

  1. 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.

  1. I will ask your Counsel to assist you with the signing of the CCO

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