Secretary DJCS and B.R.
[2020] VCC 2127
•16 July 2020
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
Case No. CR-17-01232
| Secretary, Department of Justice and Community Safety | Applicant |
| v | |
| B.R. | Respondent |
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JUDGE: | Her Honour Judge Cannon | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 16 July 2020 | |
DATE OF JUDGMENT: | 16 July 2020 | |
CASE MAY BE CITED AS: | Secretary DJCS and B.R. | |
MEDIUM NEUTRAL CITATION: | [2020 VCC 2127 | |
REASONS FOR JUDGMENT
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Subject:CRIMINAL LAW
Catchwords: Review Supervision Order – Unacceptable risk of committing further offences – Application for prohibition order
Legislation Cited: Serious Offenders Act 2018 (Vic)
Judgment: Supervision Order confirmed – Application for prohibition order refused
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APPEARANCES: | Counsel | Solicitors |
| For the Applicant | Ms A. Roodenburg | VGSO |
| For the Respondent | Ms J. Kennedy | VLA |
HER HONOUR:
Having heard from each of the parties in relation to the question of whether a non-publication order restricting publication of the respondent's identity and location, I'm not satisfied that it's in the public interest to restrict those matters in view of the matters raised by Ms Roodenburg, and having regard to the requirements as set out in s.280 of the Serious Offenders Act 2018, specifically sub-paragraphs, or sub sections 280(c) and (d), for the reasons that have been set out by Ms Roodenburg and having considered the respondent's antecedents, including the breaches that he has committed just last year and the year before.
Although, there would be conditions in place under the order that I am about to make confirming effectively that he should be the subject of a supervision order, as Ms Roodenburg submitted, the breaches of the order committed indicate that there is still room for improvement in relation to Mr Robinson's conduct when in the community and dangers that he might yet threaten the protection of children in particular, and so a danger in relation to his compliance with orders made under this Act, as set out in 280(d).
Therefore, I refuse the application made by the respondent for non-publication.
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