Event and Time
Event Description
- On 9 November 2023, the accused entered a guilty plea to one charge of contravening a Supervision Order (SO) by using methylamphetamine, a violation of section 169 of the Serious Offenders Act 2018 (Vic).
- The individual had been placed under a SO for four years on 2 February 2023, under which they were explicitly prohibited from using or possessing prohibited drugs and were required to attend a rehabilitation program.
Application and Claims
- The accused had entered a DayHab rehabilitation program on 2 October 2023 but on 24 October 2023, refused to attend, citing back pain after an activity.
- Subsequent urinalysis on 24 October confirmed the presence of methylamphetamine, and the individual admitted to having used the drug for pain relief on that occasion.
- The individual had a history of multiple breaches of the SO, with prior convictions for similar offenses.
Judicial Decisions
- The court accepted the plea of guilty and proceeded to a sentencing hearing, noting that the accused's previous breaches had involved similar conduct and that the individual was aware of the consequences of continued violations of the SO.
Dispute Points and Legal Basis
Dispute Points
- Prosecution's Arguments:
- The DPP argued for a sentence exceeding time served, emphasizing the seriousness of SO breaches and the need for both general and specific deterrence due to the history of repeated offenses. - Cited the link between drug use and prior violent offenses, stating that community protection is a primary concern.
- Defense's Arguments:
- The defense acknowledged the need for a custodial sentence but contended it should be limited to time served, noting the lack of aggression in the recent infraction and the individual’s intellectual disability. - Emphasized the guilty plea being entered at the earliest opportunity and the individual's efforts towards rehabilitation despite past drug use.