DPP v Hackett [2019] VCC 714

5. At that time, you were facing charges relating to him. I am unaware of the end result of all that, other than that you apparently were found guilty.

And obviously, the phone call was a breach as was a subsequent phone call.

6. The history of it was that police obtained the Arunta calls from Corrections Victoria. You were interviewed, basically conceded that it what you said, and were charged. You have now done 258 days in custody.
7. You have pleaded guilty at the earliest reasonable opportunity. I accept that you must get the utilitarian benefit of that plea of guilty. Remorse is probably fairly problematic. You do have a number of prior convictions but they all would appear to be for fighting with the police, and I suspect you are no stranger to capsicum spray by the look of that prior history.
8. The circumstances are, though, that you are now 39. I read the report of

Mr Ball which was tendered on your behalf, and you do have a lot of personal difficulties to confront, including alcohol abuse from a very young age and a fairly, if I may say so, paranoid perception of the world. Indeed, at your age, with the - and I direct that that report remain on file. At your age, with that report and the basis of it, it is surprising that your criminal history is not even worse than it is.

9. As Mr Ball points out, you suffer crushingly low self-esteem. There are dependent and borderline personality features. You have been sexually abused as a child, physically abused as an adult, and have always struggled in this world.
10. However, when I look at all this, the circumstances are that objectively 258 days is enough for this. The Crown agree that that is the appropriate disposition.

11. The prospects of your rehabilitation have to be problematic. The risk of you reoffending in this way is probably very low. Maybe high in other respects, but there is not much anyone can do about that.
12. Accordingly, on the charge of attempt to pervert, you are sentenced to be imprisoned for a period of 258 days.
13. I grant that 258 days be reckoned as having been served under this sentence.
14. I say that pursuant to s.6AAA, but for your plea of guilty, I would have sentenced you to be imprisoned for 12 months.
15. MR DEVLIN: As Your Honour pleases.
16. MR BRIMFIELD: May it please Your Honour.
17. HIS HONOUR: And PSD of 258?
18. COUNSEL: Yes, Your Honour.
19. HIS HONOUR: I will make the report Exhibit 1.
20. MR BRIMFIELD: Thank you.
21. HIS HONOUR: So then it remains on the file. Saves me having to read out great chunks of it. All right.
22. So that is it. You will have to go back to the police station to be released, though. You cannot come out of the dock.
23. OFFENDER: Thank you very much.
24. HIS HONOUR: Yes. Stay out of strife. All right.