DPP v Fitzgerald [2019] VCC 710

County Court of Victoria|2019-05-17

This is a transcript of a sentencing hearing where Judge Hampel varied a Community Corrections Order for Jason Fitzgerald, who had been convicted of attempted armed robbery and robbery. The Judge removed treatment conditions from his existing order and imposed a new three-year community corrections order to start after he finishes his prison sentence. The order includes standard conditions like not committing further offences, reporting to corrections officers, and not leaving Victoria without permission. It also includes two special conditions: supervision for three years and a court review on 19 July 2019. The Judge warned Mr Fitzgerald about the consequences of breaching the order.

I formally order the contravention is found proven and I take no further action in respect of that. The original order is varied, the effect of which is to remove the treatment conditions and therefore to vary the community corrections order in these terms.

Mr Fitzgerald is convicted and ordered to serve a community corrections order for a period of three years commencing upon the completion of his term of imprisonment and ending three years from that date. He must attend Melbourne Community Correctional Service within two clear working days upon completion of the imprisonment term. In addition to the mandatory terms, he must be under the supervision of the Community Corrections officer for a period of three years and must have judicial monitoring. He must attend for review on 19 July 2019 at 9 am at the Melbourne County Court.

I have not put as a condition of the order the time for attendance for the next supervision appointment, but I note that a time of 10 am on Monday 20 May has been set for the next supervision appointment and you must attend that. It is a condition of your order Mr Fitzgerald. Do you understand that?
OFFENDER: Yes, Your Honour.
HER HONOUR: All right. Can you stand then please? Your order is varied

MR SCHEID: Your Honour if I may, I'm sorry for interrupting.
HER HONOUR: What did I say?
MR SCHEID: I thought you said July 2017. Should that be 2019 for the judicial monitoring?
HER HONOUR: It should be 2019.
MR SCHEID: I'm not sure what's printed there though.
HER HONOUR: It's not printed there.
MR SCHEID: Thank you, Your Honour.
HER HONOUR: That was just my misread. Thank you.
MR SCHEID: That's all right.
HER HONOUR: So your community corrections order is varied, it lasts for three years commencing from the date that you were released. The mandatory terms that apply to all community corrections orders are that you must not commit another offence for which you could be imprisoned during the time the order is in force. You must comply with any obligation or requirement prescribed by Regulation 17 of the Sentencing Regulations 2011, that means submitting to drug or alcohol testing if directed.
You must report to and receive visits from the Secretary or delegate. You must report to the Community Corrections Centre within two clear working days of the order starting and of it being varied and that is 10 am next Monday 20 May.
You must let a Community Corrections officer know within two clear working days if you change your address or job. You must not leave Victoria without first getting permission to do so from the Secretary or delegate. You must obey all lawful instructions from and directions of the Secretary or delegate and your two conditions, in addition to the mandatory terms, are that you are to be under supervision for the three years and to attend for judicial monitoring review on 19 July 2019 at 9 am. Do you understand those conditions Mr Fitzgerald?
OFFENDER: I do, Your Honour.
HER HONOUR: Do you agree to comply with them?
OFFENDER: I do consent to them, yes.
HER HONOUR: Very well, I will ask Ms Paolo to take it down and have you sign it. Sorry, and I note, by the way, that there is a change of address for Carlton Community Corrections or Melbourne Community Corrections Services. It is now 50 Franklin Street, Melbourne. All right, that has been countersigned by me. A copy that will be made will be provided to Ms Di Paolo and she will bring it down to you downstairs. You have to go downstairs and be processed through there. You cannot walk out from the dock here

I will look forward to seeing you on 19 July. I hope that you will have a good progress report for me. You know the trouble that both of us will be in if you
OFFENDER: Yes.
HER HONOUR: breach the conditions of this order. Thank you very much for your assistance everybody
MR SCHEID: Thank you.
HER HONOUR: and for your patience.

Outcomeappellant

Disposition:

The offender was convicted on Charges 1 and 2. The existing Community Corrections Order was varied to remove treatment conditions. A new Community Corrections Order was imposed for a period of three years commencing upon completion of the term of imprisonment, with conditions including: (1) supervision by Community Corrections officer for three years; (2) judicial monitoring with review on 19 July 2019 at 9 am; (3) mandatory conditions under Regulation 17 of the Sentencing Regulations 2011 including drug/alcohol testing, reporting requirements, and travel restrictions; and (4) attendance at Melbourne Community Correctional Service within two clear working days of release and at 10 am on Monday 20 May 2019.

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