R v Lacey

IN THE SUPREME COURT OF VICTORIA

Not Restricted

AT MELBOURNE
CRIMINAL DIVISION

S CR 2016 0048

THE QUEEN

ANDREW LACEY

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JUDGE:	Beale J
WHERE HELD:	Melbourne
DATE OF HEARING:	11 December 2018, 29 January 2019 and 28 May 2019
DATE OF SENTENCE:	28 June 2019
CASE MAY BE CITED AS:	R v Lacey
MEDIUM NEUTRAL CITATION:	[2019] VSC 425

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CRIMINAL LAW – Sentencing – Breach of Community Corrections Order – Plea of guilty – Sentenced on breach offence – Resentenced on original offences of aggravated burglary and intentionally causing injury to which offender also pleaded guilty – Total effective sentence of three years’ imprisonment – Non-parole period of two years – Luu v The Queen [2018] VSCA 92 – Hamoud v The Queen [2018] VSCA 123 – Sentencing Act 1991, ss 83AS.

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APPEARANCES:	Counsel	Solicitors
For the Crown	Ms A Harrold	Office of Public Prosecutions
For the Accused	Mr T Marsh	Victoria Legal Aid

HIS HONOUR:

Andrew Lacey, you have pleaded guilty to a charge of breaching a Community Corrections Order (the ‘breach offence’). I placed you on the CCO in 2016 in respect of the offences of aggravated burglary and intentionally causing injury (the ‘original offences’).
Pursuant to s 83AD of the Sentencing Act 1991 (the ‘Act’), the maximum penalty for breach of a CCO is three months’ imprisonment.
On 8 December 2016, I sentenced you in relation to the original offences as follows:

Charge on Indictment	Offence	Maximum	Sentence	Cumulation
1	Aggravated burglary contrary to s 77(1) of the Crimes Act 1958	25 years	15 months’ imprisonment	N/A
2	Causing injury intentionally contrary to s 18 of the Crimes Act 1958	10 years	6 months’ imprisonment	3 months on Charge 1
Total Effective Sentence:		18 months’ imprisonment and 18 month Community Corrections Order
Non-Parole Period:		12 months
Pre-sentence Detention Declared:		415 days
6AAA Statement:		27 months’ imprisonment with a non-parole period of 18 months[1]
Other orders: In relation to Charges 1 and 2, Community Correction Order for a period of 18 months with the following special conditions: 150 hours of Community Service; supervision, as directed by the Secretary; drug assessment and treatment (including testing), as directed by the Secretary; alcohol assessment and treatment (including testing), as directed by the Secretary; and mental health and treatment, as directed by the Secretary (the ‘CCO’).

[1]In resentencing you on the original offence, I have had regard to Hamoud v The Queen [2018] VSCA 123 (see in particular, [46]) to the extent that I have not taken into account my s 6AAA declaration in respect of the original offending.

In addition to sentencing you today on the breach offence, I consider it appropriate to resentence you on the original offences,[2] but taking into account the extent of your compliance with the CCO,[3] which it must be said was modest.
[2]Pursuant to ss 83AS(1)(c) and 83AS (2) of the Act. In resentencing you on the original offences, I am mindful of the approach endorsed by the Court of Appeal in Luu v The Queen [2018] VSCA 92 at [23], namely, that when sentencing pursuant to s 83AS(1)(c), one should set aside the whole of the sentence imposed for the original offences and sentence afresh. Pre-sentence detention should of course be declared, including the time already served under the original sentence of imprisonment. Ordinarily, one would then impose a term of imprisonment that is no longer than the period of the original combination sentence (see Luu v The Queen [2018] VSCA 92 at [26]).
[3]Pursuant to s 83AS(2) of the Act.
Procedural history
The factual circumstances surrounding the original offences are set out in my prior sentencing reasons which I do not propose to repeat here.[4] Suffice to say that your original offences involved a home invasion in company with two others, Daniel Parry and Edward Hewett. You knew Parry had a baseball bat with him that he intended to use to injure the victim Garry Coulson whom he believed had burgled and stolen from his house a few weeks earlier. Parry struck Coulson several times with the bat causing bruises.
[4]R v Hewett & Lacey [2016] VSC 749.
In relation to your original sentence, you were released from prison on 18 April 2017 and the CCO commenced that same day. The CCO expired on 17 October 2018.
The breach offence relates to 24 separate breaches of the CCO.
The agreed schedule of breaches has been included as Attachment A to these reasons. That schedule shows that between 9 July 2017 and 30 August 2018, your breaches included:
·eight failures to perform unpaid community work;[5]
·four breaches of the conditions to undergo drug and alcohol treatment and rehabilitation;[6] and
·12 failures to attend supervision as directed.[7]
[5]On 9 July 2017, 6 August 2017, 20 August 2017, 3 September 2017, 17 September 2017, 31 December 2017, 7 January 2018 and 14 January 2018.
[6]On 17 July 2017, 7 August 2017, 8 August 2017 and 15 August 2018.
[7]On 12 July 2017, 6 September 2017, 20 October 2017, 28 December 2017, 15 February 2018, 28 February 2018, 17 April 2018, 7 June 2018, 5 July 2018, 12 July 2018, 7 August 2018 and 30 August 2018.
In assessing your compliance and non-compliance with the conditions of your CCO, I have had regard to the parties’ agreed chronology which has been included as Attachment B to these reasons. I have also had regard to the contravention report dated 9 November 2018 authored by your case manager, Mr Kevin English of Werribee Community Correctional Services and the report of Carla Ferrari, Consultant Psychologist dated 19 January 2019 which was commissioned by your lawyers. In her report, Ms Ferrari opined at [59], in relation to your breach the CCO that your “mental state had deteriorated quite significantly in the months prior, both on account of [your] drug use and [your] psychosocial circumstances.” Ms Ferrari also stated at [91] regarding your mental state in January 2019 that there was “no indication of acute psychopathology.”
I note the following in relation to your compliance with the CCO:
·you completed 39 hours and thirty minutes of the required 150 hours of unpaid community work;
·you attended assessment and treatment for alcohol abuse or dependency and drug abuse or dependency on 15 occasions;[8]
·you attended supervision on 32 occasions.
[8]I note that according to the parties’ agreed chronology included at Attachment B, you appear to have only supplied urine for testing on one occasion.
As mentioned, the CCO expired on 17 October 2018. You were charged with the breach offence on 2 November 2018. It is troubling that breach proceedings were not commenced earlier.
At a hearing before me on 11 December 2018, you pleaded guilty to the breach offence. Your counsel requested an adjournment of the plea hearing to gather material. I remanded you in custody, adjourning the plea hearing until 29 January 2019.
On 29 January 2019, after a plea hearing, I granted you bail on strict conditions, including supervision and support by the Court Integrated Services Program (‘CISP’).[9]
[9]I granted you bail on the following conditions:
·you attend at Supreme Court of Victoria for a further plea hearing on 28 May 2019 at 9.30am;
·you reside with your brother at 10 Ridge Road, Greensborough, Victoria;
·you comply with all lawful directions of the Court Integrated Services Program (‘CISP’);
·you be under the supervision of Mr Raul Sorto of CISP or his nominee;
·you not be absent from his place of residence between 10.00pm and 6.00am each day;
·you be subjected to a urine screen conducted by CISP every two weeks, the first such screen to take place no later than two weeks from today;
·you participate in drug and alcohol counselling as directed by CISP, the first session to take place no later than two weeks from today; and
·you participate in other counselling as directed by CISP.
In doing so, I gave you the following warning:
I hope you make the most of this opportunity over the next few months. If you don't, your life will just be a revolving door, with increasingly lengthy periods [spent] in gaol. If you come back before me with a good report in four months' time, I won't be sending you back to gaol. I'll probably be putting you on a further CCO …[10]
[10]Transcript of proceedings, R v Lacey (Supreme Court of Victoria, S CR 2016 0048, Beale J, 29 January 2019), 20.
Unfortunately, on your own admission, you relapsed into illicit drug use, particularly methamphetamine, soon after your release on bail, just as you had done after I placed you on the CCO.
On 3 April 2019, the prosecution applied to revoke your bail on the grounds that you had failed to comply with your bail conditions.[11] I set the hearing down for 5 April 2019.
[11]The alleged breaches of your bail conditions included:
·failure to reside at your nominated place of residence between 10.00pm and 6.00am daily (I note that this was a condition suggested by you at the hearing on 29 January 2019);
·failure to attend two supervision appointments;
·failure to be subjected to and provide the results of urine screens every two weeks;
·failure to attend a drug and alcohol assessment appointment on 6 February 2019; and
·failure to engage with mental health services as directed by CISP and failure to attend one complex counselling session on 1 April 2019.
On 5 April 2019, you knowingly[12] failed to attend the hearing and I issued a warrant for your arrest.
[12]As I was told on 5 April 2019, your lawyers had advised you of the hearing date.
On 5 May 2019, the warrant was executed and you were arrested.
On 6 May 2019, I remanded you in custody until your plea hearing on 28 May 2019.
Submissions
On 28 May 2019, your counsel submitted that your first technical breach of bail after I bailed you on 29 January 2019 was a result of you living at your new girlfriend’s house, rather than your brother’s house, with whom you had apparently had a falling out.
Your counsel noted that your resort to amphetamines occurs when you are challenged by difficult emotional situations or stressors in general life. Your counsel noted that you use methamphetamine as a way of both escaping from your situation and coping with your ‘mounting sense of anxiety about the future’.[13] Your counsel also referred to a whitetail spider bite that you allegedly suffered two or three weeks after being released. Following this, a GP prescribed you antibiotics, and you suffered fever and something akin to gastro. It is in this context that you missed your third CISP appointment and subsequently disengaged from the CISP program.
[13]Transcript of proceedings, R v Lacey (Supreme Court of Victoria, S CR 2016 0048, Beale J, 28 May 2019), 4.
Your counsel noted that you were aware that your bail would be revoked if you failed to attend court on 5 April 2019. Your counsel explained that you had a level of fatalism about going back into custody. Your counsel submitted that whilst the events that led to your non-compliance with the CCO were ‘quotidian’, it was highly significant that, save for your drug use and failure to abide by your bail conditions, you had not reoffended ‘in a substantive manner’.[14]
[14]Ibid, 8.
In relation to resentencing you on the original offences, your counsel submitted, inter alia, that:
·assuming a sentence of imprisonment is imposed, then the focus must be on ‘issues of totality, taking into account the punishment that has already occurred’;
·that the supports provided on parole are ‘a relevant and important matter in reducing the likelihood of recidivism’ in your case;
·that there is ‘an element of pathos’ to your situation, in that ‘despite all of the opportunities’ you are ‘simply unable to shift’ your mindset away from ‘that self-defeating view of the world, which Your Honour has identified…It's regrettable, but at this stage Mr Lacey does not seem able to grasp the fact that he has agency in his own rehabilitation and that he has a real stake in his future’.[15]
In relation to your breach offence, your counsel submitted, inter alia, that:
·your demonstrated inability to cope with the daily pressures of ordinary life is something that imparts a genuine fragility to how you are able to move through the world, and it is this frailty and not defiance that explains the offence; and
·that you are entitled to credit for the fact that you have not re-offended in a ‘substantive way’ during the course of your CCO.
[15]Ibid, 14.
The prosecution submitted that I should resentence you on the original offences, taking into account the extent to which you have complied with the CCO. I accepted that submission.[16]
[16]Ibid, 15.
The prosecution emphasised that you never really engaged with the supports provided to you through CISP whilst on bail.
Gravity of offending
I described the original offences in my earlier sentencing reasons as mid-range examples of offences of that kind.[17]
[17]R v Hewett & Lacey [2016] VSC 749, [36].
As summarised at [8] above, and described in detail in Attachment B, your breach offence is constituted by failure to perform unpaid community work, a failure to attend drug and alcohol assessment and treatment and a failure to attend for supervision. The root cause of those multiple failures was you relapsing into illicit drug use, notwithstanding supports. I consider your breach offence to be a mid-range example of that kind of offence.
Personal History
Your personal history is largely set out in my original sentencing reasons.[18] I will only refer here to certain relevant events which have occurred since that time.
[18]R v Hewett & Lacey [2016] VSC 749, [57]–[80].
You are now 26 years of age.[19]
[19]You were born on 18 April 1993.
Your mother, Lesley Lacey, wrote a very moving character reference in support of you. She stresses that you are ‘sad – but not bad’. But there is an aspect of your mother’s character reference that I disagree with, namely her comment that ‘Andrew tries to do the right thing, he tries to get back on track… but the rug is always pulled from under his feet’. I repeat what I said at your plea hearing on 28 May 2019:
… if Mr Lacey takes the same view as expressed here, that the rug is always pulled from under his feet, then he's never really going to take responsibility for his own situation and it will just be a constant cycle of time spent in custody. He'll get out, he'll encounter difficulties no doubt in his personal life, he'll relapse into drug use and he'll go back into custody blaming other people, saying they pulled the rug out from under his feet. It's just the wrong attitude. It's a self-defeating attitude, if Mr Lacey adopts it.[20]
[20]Transcript of proceedings, R v Lacey (Supreme Court of Victoria, S CR 2016 0048, Beale J, 28 May 2019), 11.
I also note the character reference that your recent partner Shayna Henry-Camilleri provided. You were residing with Ms Henry-Camilleri and her two sons and two siblings (whom she has care of), rather than your designated bail address, earlier this year. She expresses her belief that you are capable of becoming a ‘loyal member’ of the community. Upon your release from custody, I hope you will justify that belief.
Antecedents
Your criminal history prior to the original offences is relevantly summarised in my earlier sentencing reasons:
In January 2015, an intervention order was taken out against you, the aggrieved family member being [your partner at the time] Ms Shaw. You and Ms Shaw separated, Arya [your daughter] remaining in her care. You repeatedly disregarded that order, attending at her home, even marching into her bedroom on one occasion where you found her in bed with another man. You were charged with offences over these contraventions. At Ballarat Magistrates Court on 21 April 2015, that is about 10 weeks before the instant offences, you were convicted of burglary, criminal damage, persistent contravention of a family violence order, using a carriage service to harass and using profane language in a public place and released on a CCO for 24 months. It was a special condition that you ‘participate in an accredited men’s behaviour change program as directed’. You were also ordered to perform 50 hours of unpaid work over 12 months, undergo mental health assessment and treatment. The CCO was to be the subject of judicial monitoring.[21]
[21]R v Hewett & Lacey [2016] VSC 749, [66].
I note that your breach of the CCO in the present case is troubling given that this is not the first time you have been found to be in breach of a CCO – you were convicted of contravening the CCO imposed on you on 21 April 2015 on 1 May 2017.
Summary of Mitigating Circumstances
Let me summarise the mitigating circumstances in your case. In my sentencing reasons for the original offences, I regarded the following as mitigating circumstances:

(a) your plea of guilty at the earliest possible opportunity;

(b) your limited priors and the fact that you had no prior sentences of imprisonment;

(c) your youth at that time;

(d) the fact that whilst on remand you had suffered from the post-riot lock-downs for several months;

(e) the fact that you had a murder charge hanging over your head for most of the time you had been on remand;

(f) your efforts to better yourself in custody, including your sustained participation in mental health treatment in custody; and

(g) your good prospects of rehabilitation.

In resentencing you on the original offences, I will again have regard to (a) to (f). However, I cannot now accept your counsel’s submission that you still have good prospects of rehabilitation. Given the chronology of events since the original sentence, and in particular your recent unsatisfactory performance on bail, I am necessarily guarded about your prospects of rehabilitation. Specific deterrence must be given considerable weight.
I note that your plea of guilty to the breach offence was entered at the earliest reasonable opportunity and I will give you credit for it.
Sentence
On the breach offence, I sentence you to six weeks’ imprisonment. But for your plea of guilty, I would have sentenced you to two months’ imprisonment.
On the aggravated burglary, I sentence you to 30 months’ imprisonment. That is to be the base sentence.
On the charge of intentionally causing injury, I sentence you to nine months’ imprisonment.
I order that five months of the sentence on intentionally causing injury and one month of the sentence on the breach offence be cumulative on the base sentence and on each other making a total effective sentence of three years’ imprisonment.
I fix a non-parole period of two years’ imprisonment.
I declare that you have served 650 days by way of presentence detention in relation to the original offending and the breach offence, not including today’s date.
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Attachment A – Schedule of Breaches

Attachment B – Agreed Chronology

LACEY Chronology

Key: [ ] CCS action/Contact [ ] Supervision [ ] AOD Counselling [ ] Hospital Admissions/Medical appts

[ ] Non-Compliance

Date	Event	Notes
12 April 2017	ACSO Assessment with LACEY	LACEY File 6 p 14
18 April 2018	CCO Commences – duration 18mths – expires 17 October 2018
19 April 2017	1st Induction Appt with CCS. LACEY presented as anxious. LACEY directed to attend Dorevitch Pathology by-arrangement	LACEY File 3 p 72 LACEY File 5 p 45
1 May 2017	Rick Assessment conducted by CCS. Noted risk factors of lack of employment, engagement in organised leisure, minim pro social peers and personal r’ships attitudes.	LACEY File 3 p 71
3 May 2017	LACEY referred to IPC Health on 9 May 2017 for AOD Counselling (4 sessions included)	LACEY File 5 p 44
5 May 2017	LACEY attends supervision. Presented with social anxiety. Next appt 11 May 2017	LACEY File 3 p 66
9 May 2017	Corrections refer client for CW LACEY attends IPC Health for 1^st AOD Counselling session IPC Health report LACEY was ‘delightful’ and engaged well, appears vulnerable.	LACEY File 5 p 70 LACEY File 5 p 30 LACEY File 3 p 65
11 May 2017	LACEY attends Supervision. Engaged well, no issue. Next appt 22 May 2017	LACEY File 3 p 63
12 May 2017	CCS Review meeting – discussion pacing conditions to ensure LACEY not overwhelmed	LACEY File 3 p 62
16 May 2017	LACEY attends IPC Health for 2nd AOD Counselling session CW arranged on Tuesday with Wyndam City Council and Wednesday Werribee Work Team CW OHS Weekday induction on 11 and 12 Jul 17	LACEY File 5 p 30 LACEY File 5 p 70
22 May 2017	LACEY attends Supervision. No reported concerns re drugs. LACEY identified employment as highest priority to provide routing, self-confidence and ability to meet pro-social people. Next appt 7/6/17	LACEY File 3 p 55
29 May 2017	LACEY attends IPC Health for 3^rd AOD Counselling session Advised feeling overwhelmed so sleeping a lot. Advised to go to GP. Engages well in counselling – high chance of relapse due to MH vulnerability.	LACEY File 5 p 30 LACEY File 3 p 50
30 May 2017	LACEY attends Dr Ponraj reporting mixed anxiety and depression. LACEY prescribed Zoloft 50mg daily from Dr Ponraj	LACEY File 5 p 32, 42
30 May 2017	LACEY Medical Certificate provided for 30-31 May 2017	LACEY File 3 p 52
2 June 2017	LACEY attends supervision – travelling well, noted has MHCP, noted issues around institutionalisation, and ability to change CW days due to anxiety. Next appt 7/6/17	LACEY File 4 p 30
5 June 2017	CCS call LACEY directed for testing. LACEY reports feeling better today	LACEY File 3 p 49
7 June 2017	LACEY attends supervision. LACEY reports benefit of counselling-discussed and looking for work.	LACEY File 3 p 46
13 June 2017	LACEY reschedules 4^th IPC Counselling session to 19 June 2017	LACEY File 5 p 30
14 June 2017	LACEY Medical Certificate for 14 June 2017	LACEY File 3 p 44
19 June 2017	LACEY attends IPC Health for 4^th AOD Counselling session and requests further counselling. Advised need to do variation for further sessions. Provided further appointment on 17 July 2017.	LACEY File 5 p 30
20 June 2017	IPC Health request a variation of LACEY treatment plan from Corrections noting client is prompt, no indication of substance use and engages fully, and request a complex episode of care be initiated.	LACEY File 5 p 29
21 June 2017	LACEY contacts CCS advised got job in abattoir. Corrections amend LACEY CW requirements from weekdays to Sundays at Hobson Bay starting 25 June 2017 as LACEY obtained full time employment	LACEY File 3 p 42 LACEY File 5 p 64
28 June 2017	LACEY attends supervision – reported working in abattoir, incl overtime. Discussed spacing outs appts for CW	LACEY File 3 p 40
9 July 2017	Failure to attend Community Work
12 July 2017	Failure to attend Supervision. Next appt on 26/7/17	LACEY File 3 p 37/38
13 July 2017	LACEY calls CCS to advise was confused re next appt on 12 July 17, reported an eye infection and on antibiotics. Also reported issues with home phone	LACEY File 3 p 36
17 July 2017	Failure to attend Drug & Alcohol Treatment – 1^st session with IPC Health	LACEY File 5 p 25
23 July 2017	LACEY Medical Certificate for 23 July 2017	LACEY File 3 p 33
25 July 2017	LACEY attended 2^nd Appt with IPC HEALTH for 1^st session of complex counselling. Next appt on 8/8/17.	LACEY File 5 p 25
26 July 2017	LACEY attends supervision. Noted was anxious and stressed. LACEY reported missed DOA appt on 17/7/17 as Jodie (worker) had been away and long gap b/w appts. LACEY reported feels of worthlessness leading to stress. LACEY reported feeling exhausted and overwhelmed had led him to miss CW and supervision. LACEY expresses interest in trip to QLD in Aug with friends to de-stress	LACEY File 3 p 32
2 August 2017	LACEY contacts CCS re status of trip approval – directed for testing on 7 Aug 18	LACEY File 3 p 28
6 August 2017	Failure to attend Community Work
7 August 2017	Failure to attend Drug & Alcohol Treatment (testing)
8 August 2017	Failure to attend 3^rd scheduled Drug & Alcohol Treatment – IPC Health	LACEY File 5 p 25
9 August 2017	AOD Counsellor contacts CCS re failure to attend on 8/8/17, noted would not contact LACEY for follow up but wait for him to contact. Noted LACEY been engaging well, highly receptive to counselling and abstinent of drug use.	LACEY File 3 p 22
9 August 2017	LACEY attends supervision. Noted feelings of worthlessness, helplessness, mood down, regular panic attacks LACEY withdrew request to travel to QLD. Feelings of being overwhelmed, concerns re ex-partners new partner and exposure of daughter to harm. LACEY reported FTA on 8/8/17 as forgot due to stress to remember all appts. LACEY asked for assistance re link to psychiatrist. Supervision increased to weekly.	LACEY File 3 p 21
17 August 2017	LACEY contacts CCS to advise only just home from work, want to reschedule supervision. Sounded upbeat – LACEY spending time with daughter reported elevates mood. Next appt 24/8/17	LACEY File 3 p 16
20 August 2017	Failure to attend Community Work
21 August 2017	LACEY attended 4^th scheduled IPC Health Session for 2^nd session of complex counselling.	LACEY File 5 p 18
23 August 2017	LACEY attends CCS for supervision – missed up days, is actually on 24/8/17. LACEY reported confusion given so busy and no. of appts.	LACEY File 3 p 13
24 August 2017	LACEY attends Supervision. Noted in good spirits has had great counselling session with IPC Health. Reported working overtime and trying to earn more money so he move out of father’s house and rent his own, given father severely critical of LACEY	LACEY File 3 p 12
30 August 2017	LACEY attends supervision. Engaging in AOD. Noted 3 UA – feelings of being overwhelmed	LACEY File 4 p 29
3 September 2017	Failure to attend Community Work
4 September 2017	LACEY attended 5^th scheduled IPC Health Session for 3^rd session of complex counselling – next appt	LACEY File 5 p 18
6 September 2017	Failure to attend Supervision	LACEY File 3 p 11
7 September 2017	LACEY calls CCS. Apologises for missing supervision on 6/9/17 – advised slipped his mind given commitments with work incl overtime, and family. Arranged new appt on 14/9/17	LACEY File 3 p 10
14 September 2017	LACEY attends supervision. Noted was anxious and reported being sick since last appt. Reported continued engagement with IPC and is beneficial. Next appt on 24/9/17	LACEY File 3 p 8
17 September 2017	Failure to attend Community Work
25 September 2017	LACEY suffers laceration/tendon injury at work at abattoir and attends, undergoes surgery and discharged from Sunshine Hospital in relation to L thumb tendon laceration [unable to use left hand] – arm placed in sling with splint and recommended for hand therapy sessions. TAC claim made. TAC certificate of capacity renders him unfit for work until 8 October 2017, with a review on 12 October 2017.	LACEY File 5 p 61
26 September 2017	LACEY contacts CCS – advised badly injured his hand and would be unable to attend next appt. Next appt scheduled for 3/10/17	LACEY File 3 p 7
28 September 2017	LACEY attends Sunshine Hospital for review of surgery	Western Health p 23
3 October 2017	LACEY attends supervision with Kevin English. K English notes low mood and hand injury leading him to feel bored/isolated. Confessed to cannabis and some ice use on 2/10/17. Directed to provide urine.	LACEY File 5 p 22
3 October 2017	Corrections remove LACEY from Sunday CW work SINE DIE	LACEY File 5 p 58
3 October 2017	LACEY CCS Case worker changes from Belinda Pastuovic to Kevin English	LACEY File 5 p 23
3 October 2017	LACEY attends IPC Health and agrees to increase counselling to weekly sessions for a month. LACEY reports could not provide urine sample due to hand injury. Next appt scheduled for 9/10/17	LACEY File 5 p 20
3 October 2017	LACEY attends Supervision (late) – low mood and obv hand injury. CCS advise would take him off CW. LACEY reported cannabis use, low mood and isolation, and no pro social contacts. Supervision changed from monthly to f/nightly	LACEY File 3 p 2
20 October 2017	Failure to attend Supervision. Next appt on 1/11/17.	LACEY File 3 p 1
1 November 2017	LACEY attended Supervision. Reported had returned to work after injury – working F/T. Reported feelings of isolation, cannabis use and finds sessions at IPC Health useful.	LACEY File 2 p 66
13 November 2017	LACEY attended Supervision. Reported usefulness of IPC Health. Reported decline in drugs use.	LACEY File 2 p 65
13 November 2017	LACEY attends IPC Health for AOD Counselling	LACEY File 2 p 64
22 November 2017	LACEY attended Supervision. Reported feeling more positive, had got car back which had made life easier, reported keenness to complete order, reported cannabis use, continuing to save money for own place	LACEY File 2 p 64
28 November 2017	LACEY attends IPC Health for AOD counselling.	LACEY File 2 p 63
7 December 2017	LACEY attended Supervision. Reported travelling well – possible employment opp in Bendigo and wanting to move give issues at home with father. Reported cannabis use.	LACEY File 2 p 63
15 December 2017	LACEY attends psychologist Dr Akinsola – reports anxiety and depression and Seroquel not working	Dr Akinsola records p 2
19 December 2017	LACEY attends psychologist Dr Akinsola – reports anxiety and depression	Dr Akinsola records p 2
22 December 2017	CCS re-contracted LACEY back on to CW commencing 31.12.17. Next appt 15/1/18.	LACEY File 2 p 61
28 December 2017	Failure to attend Supervision	LACEY File 2 p 60
31 December 2017	Failure to attend Community Work
3 January 2018	LACEY contacts CCS – apologises for missing appointment – reported issues with housing and employment. LACEY requests urgent appt to discuss this with CCS. Appt made on 4/1/18	LACEY File 2 p 59
4 January 2018	LACEY attends supervision. Advised moved in with brother in Bacchus Marsh – reported issues with father was affected MH. LACEY advised resigned from abattoir as had requested change of duties repeatedly and had been refused. Reported interview for new jo on 5/1/18 and if successful will seek transfer to Bendigo CCS. LACEY reports abstinence. CCS spoke to IPC health and decided to end AOD counselling as successfully completed treatment. Reported prescribed 200mg Seroquel.	LACEY File 2 p 58
5 January 2018	LACEY contacts CCS to advise was successful with job interview – seek to transfer to Bendigo CCS.	LACEY File 2 p 57
7 January 2018	Failure to attend Community Work
14 January 2018	Failure to attend Community Work
22 January 2018	CCS worker returns from Annual leave (8-19 Jan). attempts to contact LACEY – leaves voicemail	LACEY File 2 p 56
30 January 2018	CCS attempt to contact LACEY – leave voicemail.	LACEY File 2 p 55
31 January 2018	LACEY contacts CCS – apologised for not being in touch – advised living with brother in Bacchus Marsh – likely moving to Ballarat – next appt 1.2.18	LACEY File 2 p 54
1 February 2018	LACEY attends supervision. Apologised for failure to contact service. Advised busy re new job, traveling and moving residence. Reported now working at Abattoir in Knyeton, and commutes by car from Bacchas Marsh. Confirmed AOD condition completed. LACEY reported no drug use. LACEY advised seeing psychologist Dr Akinbiyi – ceased 200mg Seroquel and MH is good. Next appt 15.2.18	LACEY File 2 p 52
15 February 2018	Failure to attend Supervision. Next appt 28/2/18	LACEY File 2 p 51
23 February 2018	LACEY’s father contacts CCS – said concerned about MH deteriorated and poss drug use. Father reported very worried and LACEY needs treatment. CCS advise will follow up on 28 Feb.	LACEY File 2 p 50
26 February 2018	LACEY attends CCS without appt. Stated had missed appt on 15.2.18 and wanted to talk to someone as “no been doing so well” in that MH gone downhill. LACEY reported could not keep job due to his anxiety and lost his accommodation and has limited funds – has suicidal ideation. Reported had planned to move to address in Ballarat however fallen through once employment ceased. Feelings of being overwhelmed at work and paranoia increasing so quit. Reported started use of ice/cannabis	LACEY File 2 p 48
27 February 2018	Risk and Review meeting by CCS. Noted LACEY lapsed into drug use, deterioration in mental state. Feelings of isolation, no pro-social peers, diagnosis of severe anxiety and depression. Recommendations re refer to ACSO, link to MH provider	LACEY File 4 p 27
27 February 2018	LACEY attends psychologist Dr Akinsola – not doing well, describes hearing voices and hopelessness	Dr Akinsola records p 1
28 February 2018	Failure to attend Supervision. Next appt on 9.3.18	LACEY File 2 p 47
1 March 2018	LACEY contacts CCS. Apologies for missing appt on 28.2.18 advises has no transport nor money and phone playing up. Directed to attend on 2.3.18	LACEY File 2 p 46
2 March 2018	LACEY attends Supervision. Reported not travelling well – things have “unravelled”. Reported loss of accommodation and job led to MH deterioration and drug use. Reported panic attacks. Reported is couch surfing and ice use. Presented as emotional, tearful and chaotic. Reported some suicidal ideation and dissatisfaction with psychologist and wish to obtain new MHCP. Next appt 6.3.18	LACEY File 2 p 43
6 March 2018	LACEY attends supervision. Reported feeling little better but same issues as on 2.3.18. Reported car was stolen last week and lost wallet. Reported feeling low. RAPIDS assessment booked for 7.3.18 LACEY reported hope of residential rehab to deal with ice addiction. Next appt 7.3.18	LACEY File 2 p 41
7 March 2018	LACEY attends 2^nd ACSO assessment – strongly recommended for Mental Health Care Plan, housing assistance, engagement with Care and Recovery Coordinator, an URGENT referral for residential rehab	LACEY File 5 p 1
7 March 2018	LACEY attended for RAPIDS assessment – reported coping fairly well but suffers poor MH and ice addiction. Advised RAPIDS assessor would refer him for residential detox in Footscray with residential rehab to follow. Next appt 13.3.18	LACEY File 2 p 38
19 March 2018	LACEY referred to Djerriwarrh Health Service for AOD assessment for Complex counselling – on 20/3/18.	LACEY File 4 p 55
19 March 2018	CCS advised by ACSO that LACEY on wait list for both detox and residential rehab	LACEY File 2 p 34
19 March 2018	LACEY attends Supervision. Reported mood improved and living with mother has been positive. Reported car had been disposed of as srap and reliance on public transport. Reported had been approved for Centrelink. Reported ice use on 16.3.18 – reported feelings of guilt/regret afterwards. Reported hope in placement in residential rehab in very near future – ready to make big changes in life. Next appt 29.3.18	LACEY File 2 p 32
20 March 2018	LACEY attended assessment appt with Djerriwarrh Health	LACEY File 4 p 54
27 March 2018	LACEY’s mother calls CCS advised LACEY been admitted to Ballarat Psych ward – following feelings of he was climbing the walls. Advised cannot attend supervision on 28.3.18	LACEY File 2 p 31
27 March 2018	LACEY admitted to Ballarat Hospital re suicidal ideation/threat of self-harm	Ballarat Hospital docs p 108
27 March 2018	LACEY admitted to acute psych unit at Ballarat Hospital for mental/behavioural/delusional disorder after threatening to shoot himself – LACEY seeking help and admission to psych ward	Ballarat Hospital docs p 168
4 April 2018	LACEY’s father calls CCS – advised likely discharged on 5/4/18 to return to fathers care. LACEY has no phone and on heavy medication. Agreed CCS would contact Father on 3/4/18 to arrange further appts if LACEY is able.	LACEY File 2 p 30
5 April 2018	LACEY discharged from acute psych unit at Ballarat Hospital	Ballarat Hospital docs p 204
9 April 2018	LACEY contacts CCS – confirmed discharged from hospital and on medication. LACEY expressed continued desire for residential rehab. Next appt 17.4.18	LACEY File 2 p 29
17 April 2018	Failure to attend Supervision. Next appt on 24.4.18	LACEY File 2 p 27
24 April 2018	LACEY attends Supervision. Advised living with father in Hoppers Crossing. Reported lapse into drug use . Reported that father is overbearing/judgemental and feelings of worthlessness leading to drug use. Reported 4 weeks of abstinence prior to lapse 2 days ago. LACEY requested further AOD counselling with IPC Health. Reported enrolling in Cert 4 Hospitality starting on 26.4.18. Next appt 9.4.18	LACEY File 2 p 22
2 May 2018	CCS contacted by Wyndham Community MH Team – advised LACEY could not afford prescribed psych meds for last 3 days and now have been funded. Reported he remains very anxious, symptoms still evidence. LACEY had reported to them was living in a tent in father’s backyard and living on rice and food hampers from youth service. Referral made for more suitable accommodation. Noted LACEY had put life on hold in hope would go into residential rehab – seeking update as to status of that referral	LACEY File 2 p 19
9 May 2018	LACEY attends Supervision. Reported coping ok, still living in tent in father’s backyard eating mainly rice. Reports spending money on cigarettes, cannabis/ice. Reports is locked out of father’s house. LACEY reports no 1 priority is residential rehab and everything else on hold. CCS advise that possibility of CW hours being completed whilst in residential rehab given 5mths to complete 110 hours. LACEY advised had contacted Odyssey House for own referral to residential rehab and advised need to attend weekly meetings prior to intake. CCS advise still on wait list for residential rehab. LACEY reported still waitin on IPC health to contact him for appt for AOD counselling. Reported receiving Seroquel and anti-depressants. Next appt 23.5.18	LACEY File 2 p 15
11 May 2018	CCS advised by ACSO LACEY referred for residential rehab on 7/3/18 however there are lengthy delays with admission dates. No ETA provided.	LACEY File 2 p 11
15 May 2018	LACEY admitted to Mercy Hospital – reports paranoia delusional behaviour	Mercy Health p 67
16 May 2018	CCS contacted by Wyndham Community MH Team. Advised LACEY admitted to Werribee Hospital on 15/5/18 for psych issues – incl paranoid and delusional behaviour.	LACEY File 2 p 10
18 May 2018	LACEY’s father calls CCS – confirmed LACEY remains an involuntary psych patient and likely to remain so for considerable period of time. CCS advised CCO will remain on hold.

21 May 2018	LACEY did not return whilst on leave from ward LACEY admitted to Ballarat Hospital after leaving Mercy Hospital Acute Assessment Unit	Ballarat Hospital docs p 43/100
23 May 2018	CCS contacted by Whitelion Youth outreach to advised LACEY discharged on 21/5/18 after going AWOL during outing and when returned was intoxicated. Was taken to Ballarat ED and not admitted and LACEY was seeking to obtain benzodiazepine from a GP. Urgent meeting re housing as LACEY did not want to return to tent in father’s yard. CCS advise no progress re residential rehab.	LACEY File 2 p 8
23 May 2018	LACEY calls CCS – confirms left hospital and had returned to fathers, unhappy. LACEY rambling. New appt on 24.5.18	LACEY File 2 p 7
24 May 2018	LACEY attends supervision. Present as anxious and reports living with brother now in Bacchus Marsh. LACEY remains focused on residential rehab and committed to this end. Reported anxious re lack of money re buying lots of cigarettes. Confirmed pursuing housing options with Unison Housing. Reported anxious about number of CW hours o/s. Advised wait list for residential rehab is extremely lengthy, no ETA. Reported use of cannabis but no ice use since discharge. Reported extreme anxiety – appt with psych on 30.5.18. Advised by IPC Health possible LACEY could be admitted to PARC (short term residential MH facility). Next appt 30.5.18	LACEY File 2 p 5
26 May 2018	LACEY admitted to Ballarat Hospital via ambulance after being found unconscious in driveway	Ballarat Hospital docs p 191
28 May 2018	CCS contact Wyndham Community MH. Advised LACEY taken to Werribbe Hospital on 26.5.18 by ambulance re pass out from drug use. Advised unlikely LACEY be offered place in PARC due to drug use.	LACEY File 2 p 2
6 June 2018	Wyndham Community MH contact CCS. Advise LACEY discharged from their team, alert made with Ballarat Triage given relocation to Bacchus Marsh. Noted problematic behaviour given frustration with lack of progress re residential rehab	LACEY File 1 p 56
7 June 2018	Failure to attend Supervision. Next appt 20.6.18	LACEY File 1 p 57
15 June 2018	LACEY advised 1^st counselling session with Djerriwarrh Health is on 22 June 2018	LACEY File 4 p 50
21 June 2018	LACEY attends Supervision. Reported travelling well, found accom with mother in Bacchs Marsh. Remains unemployment and suffers extreme anxiety. Discussed application to vary CCO to remove CW – CCS recommended course. Advised CCS would support application. Remains on residential rehab wait list. Advised by ACSO wait list is up to 12months. Reported cannabis and recent ice use. Reported falling out with caseworker at Wyndham Community MH. LACEY to seek new MH referral. Next appt 5.7.18	LACEY File 1 p 53
22 June 2018	LACEY attended 1^st counselling session with Djerriwarrh Health	LACEY File 4 p 49
27 June 2018	LACEY attended AOD counselling session with Djerriwarrh Health	Djerriwarrh docs p 7
27 June 2018	LACEY attended AOD counselling session with Djerriwarrh Health	Djerriwarrh docs p 7
5 July 2018	Failure to attend Supervision. Next appt on 12.7.18	LACEY File 1 p 52
6 July 2018	ACSO advised CCSO that MARP Residential Rehab may have placement – but difficulty contacting LACEY	LACEY File 1 p 50
12 July 2018	Failure to attend Supervision. Next appt 26.7.18	LACEY File 1 p 49
17 July 2018	LACEY contacts CCS – apologised for missing last two appts – reported poor MH and lost his phone. LACEY asked for appt ASAP. Next appt 19.7.18	LACEY File 1 p 48
18 July 2018	CCS advised by Djerriwarrh Health Service LACEY engaging/participating well – found out placement for residential rehab lost as LACEY could not be contacted. LACEY attends AOD counselling – reports 1 week absitence – engaged well	LACEY File 1 p 44 Djerriwarrh docs p 7
19 July 2018	LACEY attends Supervision – presents well and clean. Advised abstinent from ice and motivated to remain so. Reported engagement with Djerriwarrh Health Service and MH improving. Reported motivated to complete CW and did not wish to extend order. Next appt 24.7.18	LACEY File 1 p 47
24 July 2018	LACEY calls CCS – advise unable to attend appt today as no way to get from Werribee from Bacchus Marsh – determine transfer would be appropriate to Melton	LACEY File 1 p 39
24 July 2018	CCS transfer management of LACEY from Werribee to Melton. Next appt 7.8.18	LACEY File 1 p 40
7 August 2018	Failure to attend Supervision	LACEY File 1 p 36
13 August 2018	LACEY’s mother contact service – advised LACEY had got days mixed up last week	LACEY File 1 p 35
14 August 2018	CCS contacted LACEY’s mother re LACEY not contacting CCS – appt arranged for 17.8.18	LACEY File 1 p 34
15 August 2018	Failure to attend Drug & Alcohol Treatment	LACEY File 4 p 46
17 August 2018	LACEY contacted by Ms Dziunka at CCS – LACEY reported poor MH and going to GP.	LACEY File 4 p 43
23 August 2018	LACEY attends supervision (late). Reported falling out with father catalyst for move back to Bacchus Marsh – had since made up. Reported abstinence over last week, and at risk of relapse. Reported no money for car which impedes ability to obtain and sustain employment. Reported drinking a lot. Reported unlikely will be able to complete CW in time. Next appt 30.8.18	LACEY File 1 p 32
30 August 2018	Failure to attend Supervision
31 August 2018	CCS attempt to contact LACEY – no answer. File returned to Werribee given compliance issues	LACEY File 1 p 27
30 September 2018	LACEY admitted to Ballarat Hospital via ambulance after called 000 threatening suicide and expressing frustration wit revolving door or MH system	Ballarat Hospital docs p 80
2 October 2018	LACEY taken by ambulance to Mercy Hospital re suicidal ideation	Ballarat Hospital docs p 126
3 October 2018	LACEY taken by ambulance to Mercy Hospital re suicidal ideation – holding knife to neck threatening to kill himself	Ballarat Hospital docs p 132
17 October 2018	CCS seek authority to initiation contravention proceedings	LACEY File 1 p 21
17 October 2018	CCO expires

[2019] VSC 425

28 June 2019