Re MTE (No 2) - [2020] VSC 356

IN THE SUPREME COURT OF VICTORIA

Not restricted

AT MELBOURNE
CRIMINAL DIVISION

S ECR 2019 0273

IN THE MATTER of the Serious Offenders Act 2018

and

IN THE MATTER of an application under s 13(1) of the Act for a Supervision Order

BETWEEN

THE SECRETARY TO THE DEPARTMENT OF JUSTICE AND COMMUNITY SAFETY	Applicant
v
MTE (a pseudonym)	Respondent

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JUDGE:	CHAMPION J
WHERE HELD:	Melbourne
DATE OF HEARING:	13 & 14 May 2020
DATE OF JUDGMENT:	21 May 2020
CASE MAY BE CITED AS:	Re MTE (No 2)
MEDIUM NEUTRAL CITATION:	[2020] VSC 356

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CRIMINAL LAW – Judgment – Application for supervision order – Supervision order not contested– Duration contested – Electronic location monitoring contested – Alcohol abstinence condition contested – Order sought on basis that respondent poses an unacceptable risk of committing a serious violence offence – Index offence of murder – Respondent 19 years old at time of offending – Victim 75 year old woman – Supervision order granted – Duration of four years – Review period of two years – Electronic monitoring condition imposed – Alcohol abstinence condition imposed – Judicial monitoring mention in 12 months – Serious Offenders Act 2018 (Vic) s 13.

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APPEARANCES:	Counsel	Solicitors
For the Applicant	Ms S. Flynn QC	Russell Kennedy
For the Respondent	Mr R. de Vietri	Victoria Legal Aid

HIS HONOUR:

Introduction

The Secretary to the Department of Justice and Community Safety (‘the applicant’) applies for a supervision order for a period of six years in respect of MTE (‘the respondent’) under s 13 of the Serious Offenders Act 2018 (‘the Act’). The application, as well as an application for an interim supervision order under s 46 of the Act, was filed with the Court on 10 December 2019.

The application is made on the grounds that the respondent poses an unacceptable risk of committing a serious violence offence if a supervision order is not made and he is in the community.[1]
[1]The application for a supervision order was originally made on the grounds that the respondent posed an unacceptable risk of committing both a serious sex offence and a serious violence offence. At the mention on 19 December 2019, the Secretary made an oral application to amend the grounds of the application, which was granted.

On 24 January 2020, I made the interim supervision order with a number of core and discretionary conditions sought by the applicant, save for a condition requiring electronic alcohol monitoring. That condition was contested by the respondent and became the primary focus of the hearing of the interim supervision order application. In declining to impose the condition, I expressed satisfaction that the other conditions of the interim order, namely requiring alcohol abstinence and physical supervision of the applicant by the Post Sentence Authority (PSA), would be sufficient to ameliorate the respondent’s risk to an acceptable level.

The interim supervision order commenced on 27 January 2020 and remains in force until the determination of the supervision order application, but for a period…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Re MTE (No 2)

Details

AGLC: Re MTE (No 2) [2020] VSC 356
Case: [2020] VSC 356
Decision Date: 21 May 2020

CaseChat Overview and Summary

The case of Re MTE (No 2) involved a young person, referred to as MTE, who had been convicted of a serious offence of murder. The dispute in this case centred around the conditions of a supervision order sought under the Serious Offenders Act 2018 (Vic). The matter was heard in the County Court of Victoria. The primary legal issues the court needed to resolve were the appropriate duration of the supervision order, the imposition of electronic location monitoring, and the inclusion of an alcohol abstinence condition. Additionally, the court had to determine whether the conditions proposed were necessary given the risk MTE posed of reoffending, particularly in terms of committing a serious violence offence.

The court considered the seriousness of the index offence, which involved the murder of a 75-year-old woman, and the age of the offender at the time of the offence, being 19 years old. It was noted that MTE had shown a capacity for remorse and had engaged in various rehabilitative programs. However, the court held that the nature of the offence and the risk posed by MTE warranted stringent conditions to ensure public safety. The court found that a supervision order of four years was appropriate, with a review period of two years to assess MTE’s progress and risk level. The imposition of electronic location monitoring and an alcohol abstinence condition was also deemed necessary to mitigate the risk of reoffending. Furthermore, the court mandated a judicial monitoring mention in twelve months to reassess the conditions and progress.

In conclusion, the court granted the supervision order sought by the prosecution. The order was set for a duration of four years with a review period of two years. It included conditions for electronic location monitoring and alcohol abstinence, with a judicial monitoring mention scheduled in twelve months. These conditions were considered necessary to adequately manage the risk posed by MTE and to support his rehabilitation.

Orders