[2025] VCC 1871
General information, not legal advice.
County Court of Victoria
2025-12-08
Plan J
Original judgment source is linked above.
Sentence: Total effective sentence of 1 year and 6 months' imprisonment, Community Corrections Order and Justice Plan of 18 months duration.
"Mr Weekley's neuropsychological and psychological profiles demonstrate a highly specific, clinically valid set of impairments that collectively contribute to his criminal behaviour. His actions are not best explained by antisocial intent, but by a convergence of developmental disability, complex trauma, and chronic cognitive dysfunction. The extent and nature of these impairments significantly limit his capacity to make autonomous, informed decisions and to regulate his behaviour per social and legal norms."
"Overall, the cognitive profile reflects marked deficits across multiple domains, severely limiting his ability to reason, problem-solve, regulate behaviour, and function adaptively in everyday contexts, especially under stress or without external support. These impairments are consistent with his history of intellectual disability, complex trauma, and emotional dysregulation."
(a) Engage with a Disability Justice Coordinator from the Department for the duration of the order, participating in future planning as required.
(b) Agree and participate in any support and treatment that are identified by Disability Justice Coordination.
(c) Participate in a referral to the Forensic Disability Clinical Services team, or engage with a suitably qualified psychologist, and participate in the assessment process and any offending behaviour programs or treatment as recommended.
(d) You be referred for, and undergo an assessment with ACSO COATS and follow treatment recommendations made.
(e) You continue engaging with your psychologist for ongoing psychological support.
non-parole period of two years and four months. 5. I am going to go through the conditions of the corrections order. Ms Anderson, I am going to do that in some detail because I will have to have Mr Weekley consent online. I am proposing to add judicial monitoring. As I calculated very roughly and it is a matter for those that will calculate this sentence, that he has approximately seven months also left on the order. Bearing that in mind, I am suggesting a judicial monitoring date of 17 August at 9.30. 6. That seems to me to allow for a transition time but it is probably the correct nominated time. Does that sound right to you? 7. MS ANDERSON: So about six weeks or so? 8. HER HONOUR: Yes, that is right. 9. Now, Mr Weekley, I am going to go through the conditions of the order that I am imposing. In total, as I have indicated, you have received 18 months imprisonment so you still have a period to serve. You have at least around seven months or so in custody. But you will be told what that date is and once you have served your time you will be released on a community corrections order. 10. Mr Weekly, as I indicated, 18 months with a corrections order. The conditions of the order are as follows, it will commence on the day of your release. After you have served your time and you are released on the order, that is when it starts. Do you understand? 11. OFFENDER: Yeah. 12. HER HONOUR: There are core conditions that apply to every corrections order. You must not commit another offence punishable by imprisonment while the order exists which is 18 months from the date of your release. You must comply with any obligations or requirements of Corrections. You must report to and receive visits from corrections. You must report to them within two clear working days of coming out of custody. 13. So you get out of custody within two days, you need to go and report to the local Corrections Office which is Ballarat. Is that right? 14. MS ANDERSON: I believe that's correct, Your Honour, I'll just double check. 15. HER HONOUR: You must let a - - - 16. MR LAIDLAW: It is Ballarat, Your Honour. 17. HER HONOUR: It is Ballarat, thank you. You must let a community corrections officer know within two clear working days of any change of address or change of job. You must not leave Victoria without first getting their permission. You must obey all lawful instructions from them. Now, do you understand those conditions? 18. OFFENDER: Yes, I do. 19. HER HONOUR: They apply to all corrections orders. In addition, Mr Weekley, I am going to impose the further conditions, that you are under the supervision of Corrections for 18 months. So that means going in for supervision appointments. You must undergo mental health assessment and treatment. You must undergo treatment for drug and alcohol, so counselling or treatment to address your drug issues and - just one moment. You must re-appear at this court for judicial monitoring. 20. What that means is some date in August. You will get this in writing so that you remember. 17 August at 9.30 you will need to come along to court. You can do it by video link. Sometimes people go into the office with their Corrections worker, so it can be a link, but you need to attend before me. I need to see you because I will be told how you are going since your release from custody and it is basically a check-in. 21. The lawyers do not come. Your Corrections officer does, you do, and I am there and I am told about how you are going. It is a check-in. Does that make sense? 22. OFFENDER: It makes sense. 23. HER HONOUR: All right. So you are required to come along to judicial monitoring and you are also required to participate in a justice plan for the period of your order, so 18 months. All right. So just to go through those conditions one last time. Treatment and rehabilitation for drug use, treatment and rehabilitation mental health, treatment and rehabilitation for any programs, supervision, judicial monitoring and justice plan. All right? 24. OFFENDER: Yeah. 25. HER HONOUR: Now, do you understand those conditions? 26. OFFENDER: I do, yes. 27. HER HONOUR: The way in which you can breach an order, Mr Weekley, is if you commit an offence punishable by imprisonment while the order exists, or if you fail to comply with it without a reasonable excuse. All right. If you breach the order then you come back to court. You can be dealt with for breaching and it is open to the court to re-sentence you. All right. So that is what could happen on a breach. Do you understand how you could breach the order? 28. OFFENDER: Yeah. Yes, I do. 29. HER HONOUR: All right. Understanding what the conditions are, understanding how you can breach it and what might happen, do you consent to this order being made? 30. OFFENDER: Yes, I do. 31. HER HONOUR: All right, thank you. Now, counsel, were there any ancillary orders, I cannot recall? 32. MR LAIDLAW: There's an order for forfeiture, Your Honour. There's a draft order that I filed. 33. HER HONOUR: All right. Is that opposed or unopposed? Have you seen it, Ms Anderson? 34. MS ANDERSON: Maybe early on, Your Honour, I'm sorry, I don't recall. 35. MR LAIDLAW: Yes. I can forward it to everyone. It's for the rifle and the ammunition, Your Honour. 36. HER HONOUR: Yes. I cannot imagine it will be an issue. 37. MS ANDERSON: I don't think there'll be any issue with that, Your Honour. 38. HER HONOUR: Yes. Perhaps you can confirm by email? 39. MS ANDERSON: Thank you, Your Honour. 40. HER HONOUR: All right. So Mr Weekley, I think I have dealt with your matter now. You can have a word. No doubt Ms Anderson will contact you. If the link remains for a couple of minutes you can have a quick word with her now, but as indicated, I have sentenced you to a combination sentence. More time to serve but then you will come out on this 18 month order and I will check in with you. 41. OFFENDER: No worries. 42. HER HONOUR: All right, thank you. Thank you, counsel. 43. MS ANDERSON: As Your Honour pleases.
[1] I note as explained by your Counsel that this surname is derived from a previous partner of your mothers and you have also been known by other names; some of which are referred to in the documents before the Court.
[2] Bruce v The Queen [2022] VSCA 100.
[3] R v Verdins [2007] VSCA 102.
[4] Bugmy v The Queen [2013] HCA 37.
1 [5] Azzopardi v The Queen [2011] VSCA 372.
DPP
Weekley [2025] VCC 1871