Phillips and Goldschlager

[2016] VCC 2086

IN THE COUNTY COURT OF VICTORIA

AT MELBOURNE

CRIMINAL DIVISION

 Revised
Not Restricted
 Suitable for Publication

Case No. AP-15-2973

BENJAMIN PHILLIPS	Appellant
v

KAREN DEBORAH GOLDSCHLAGER  Respondent                 

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JUDGE:	CANNON
WHERE HELD:	Melbourne
DATE OF HEARING:	7 March 2016  and 26 April 2016
DATE OF SENTENCE:	26 April 2016
CASE MAY BE CITED AS:	Phillips and Goldschlager
MEDIUM NEUTRAL CITATION:	[2016] VCC 2086

REASONS FOR SENTENCE
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Subject:                  CRIMINAL LAW

Catchwords:           Appeal against sentence – Traffick GBH – Possess prohibited weapon – History of drug addiction

Sentence:               Convicted and sentenced (aggregate) to Community Corrections Order two years’ duration – Mandatory and other conditions – Supervision– Treatment and rehabilitation – Judicial Monitoring

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APPEARANCES:	Counsel	Solicitors
For the Respondent	Ms A. French	Office of Public Prosecutions
For the Appellant	Mr J. Gullaci	Tony Hargreaves & Partners

HER HONOUR:

1. Mr Phillips, 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 Moorabbin Community Corrections Centre before 4 pm within two clear working days of today 26 April 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 getting 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 DOH (or his/her delegate).

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

• Community Work

• You must undergo 300 hours unpaid community work within 2 years.

• Supervision

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

• Treatment and Rehabilitation

• You must undergo assessment and treatment (including testing) for 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.

• You must undergo programs or courses aimed at addressing factors relating to the offending as directed by the Regional Manager.

• Judicial Monitoring

• You must attend the Melbourne County Court on Thursday 2 June 2016 at 09:45 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.

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

14. 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.

15. Do you understand this? Do you maintain your consent to the order?

16. 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.

17.  I make the forfeiture orders previously made in the Magistrates Court.  If not for your pleas of guilty, I would have sentenced you to 3 years imprisonment with a non-parole period of 18 months.

18.   You can come out of the dock and I will ask your Counsel to assist you with the signing of the CCO.