R v McLaughlin

[2018] VSC 310

IN THE SUPREME COURT OF VICTORIA Not Restricted

AT MELBOURNE

CRIMINAL DIVISION

S CR 2015 0049

THE QUEEN
v
LISA JANE McLAUGHLIN	Accused

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JUDGE:	T FORREST J
WHERE HELD:	Melbourne
DATE OF HEARING:	12 June 2018
DATE OF SENTENCE:	12 June 2018
CASE MAY BE CITED AS:	R v McLaughlin
MEDIUM NEUTRAL CITATION:	[2018] VSC 310

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CRIMINAL LAW – Sentence – Contravention of Community Correction Order – Further offending and breach of condition – Plea of guilty to breach – Rehabilitation – Community Correction Order confirmed – Offence proven and charge dismissed – Sentencing Act 1991 ss 76, 83AD, 83AS(1)(b).

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APPEARANCES:	Counsel	Solicitors
For the Crown	Ms N Burnett	Office of Public Prosecutions
For the Accused	Mr J McMahon SC with Ms K Ballard	Leanne Warren & Associates

HIS HONOUR:

1. On 26 April 2016 I sentenced you following your plea of guilty to the manslaughter of Graham Stevens.  You were sentenced to 537 days’ imprisonment, together with a two year community corrections order with special conditions, including that you perform 100 hours of unpaid community work, and you undergo various assessments and treatments for substance and alcohol abuse, and for your mental health.  I declared pre-sentence detention of 537 days be taken into account.

1. The circumstances that gave rise to your offending were quite tragic. The full sentence is published and can be found at [2016] VSC 189. Your community corrections order (‘CCO’) expired in April 2018. You are now charged with one count of failing to comply with your CCO under s 83AD of the Sentencing Act 1991, by further offending and a breach of conditions.

1. You have pleaded guilty to the breach.  I must also reconsider the original sentence that I imposed for your offending.

The Contraventions

1. The contraventions of the CCO are put on the dual basis of further offending and non-compliance with a condition of the order.  On 18 April 2018, you pleaded guilty to a single count of theft at the Frankston Magistrates' Court.  You were placed on a 12 month adjourned undertaking otherwise known as a good behaviour bond with the condition that you pay $300 to the court fund.  I understand you have paid this.  The theft was committed on 21 December 2017, that is four days before Christmas.  It involved you appropriating dishonestly beauty products to the value of $135 from Woolworths.  You made full admissions and told police that the reason for your offending was ‘I just wanted to buy my niece a Christmas present.’  At the time, you were in receipt of a disability support pension and a parenting payment.

1. You completed the required 100 hours of community work.  The non-compliance contravention alleged related to one unacceptable absence from the community work component of your order.  I am told that your daughter, who was 12 years old at the time, was sick and you were unable to arrange appropriate childcare.  In my view, it is readily understandable that you would tend towards being parentally overprotective, given the tragic loss of your son some years ago.

1. I am told that after your release from prison you lived for some time with Lyn White, your counsellor, while re-establishing yourself in the community.  By the end of 2016, you were back living in your own private accommodation and you continue to do so.  Your 18 year old son, Max, lives with you full time and your daughter, Indiana, lives with you part time.  You have remained drug free and, leaving the shop theft to one side, have become a productive member of our community and I congratulate you for that.

1. When you were sentenced, this court offered you a rehabilitative opportunity after reading the helpful report from Lisa Bartlett, your advanced case manager, and countersigned by Simon Davidson, her superior who has attended court today.  I am satisfied that you have taken that rehabilitative opportunity.

1. I propose to selectively quote from that report:

·Ms McLaughlin has participated fully in the supervision process having shared openly and honestly about her personal circumstances and showing a willingness to explore areas of concerns.  Ms McLaughlin completed a number of workbooks that are designed to support rehabilitation and reintegration into the community.  Ms McLaughlin completed the introductory workbook “Values and Lifestyle, Healthy Relationships and Substance Use” workbook.  Further to this Ms McLaughlin was able to identify areas of vulnerability and high risk situations for herself.  Ms McLaughlin sought support in managing these situations and was able to use reflective thinking skills to identify high risk situations.

·Ms McLaughlin has completed her assessment and treatment for drug and alcohol abuse and dependency.

·Ms McLaughlin attended testing as directed throughout the duration of her order, her results were consistent with her prescribed medication, no illicit drug use detected.

·Ms McLaughlin engaged with Patrick Newton from Central Melbourne Psychology in March 2016.

·Mr Newton reports that Ms McLaughlin has attended 15 consultations throughout this period of time and continues to engage.  Mr Newton has expressed in writing, dated 16 April 2018, that he is willing to provide further ongoing psychological treatment should this be deemed appropriate and helpful.  [I am told by Mr McMahon orally this afternoon that Mr Newton has offered to treat you pro bono if funding for your further treatment from him cannot be arranged.  This says a good deal about Mr Newton and it says a great deal about you.]

·Ms McLaughlin completed her community work condition, accruing only one unacceptable absence.  Ms McLaughlin explained the absence to be as a result of child care arrangements.

·Conclusion and recommendations.  Ms McLaughlin has made positive progress on a community corrections order, she has developed a pro-social support network and cut all ties with negative past associates.  Ms McLaughlin has shown a commitment to her rehabilitation and giving back to the community.  Ms McLaughlin has established a strong connection to the prison missionary and has volunteered at events and been a guest speaker.  Ms McLaughlin has shown remorse for her recent offending of shop steal and immediately sought support from her treating psychologist, Patrick Newton, and family in managing her feelings of guilt.  Subsequently this service would respectfully recommend that Ms McLaughlin have her order confirmed.

1. I accept the recommendation in the contravention report and I also accept the submissions made by your counsel.  I am fortified in my conclusions by the sensible attitude that has been expressed from the prosecution today.

1. I confirm the original community corrections order under s 83AS(1)(b) of the Sentencing Act 1991. On the offence of failing to comply with a community corrections order, I order that the offence is proven and the charge is dismissed under s 76 of the Sentencing Act1991.

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