Community Correction Orders Quiz C

A scenario on penalties for contravention of a Community Correction Order.

Facts

On 5 March 2012, Christine was sentenced by Magistrate Hudson for two charges of recklessly causing injury and one charge of affray. The charges related to her participation in a brawl outside a bar in Northcote. She received three Community Correction Orders, which were wholly concurrent. The orders included unpaid community work and alcohol exclusion conditions. The duration of each order was one year.

In December 2012, Christine was charged with manslaughter, after striking William during a brawl following her ejection from a Melbourne nightclub. During the brawl, Christine punched William, who fell and sustained a fatal head injury when his head hit the pavement. She was convicted of manslaughter on 16 June 2014 by a jury before Justice James.

Christine is also charged with contravening her Community Correction Orders under s83AD.

1:What is the latest date on which proceedings could be brought for Christine’s contravention of the CCO?
A)

5 March 2013

Incorrect

Section 83AH sets the time for bringing proceedings for contravention of a CCO and allows a proceedings to be commenced within 6 months of the commission of a contravening offence and within 2 years after the order ceases to be in force.

B)

5 March 2014

Incorrect

Section 83AH states that contravention not constituted by the offender committing another offence punishable by imprisonment must be commenced within 1 year after the order ceases to be in force.

C)

16 December 2014

Correct

Proceedings for a contravention constituted by the offender committing an offence punishable by imprisonment may be commenced within 6 months of the person being convicted, subject to the requirement that the proceedings must be commenced within 2 years of the expiry of the order.

D)

5 March 2015

Incorrect

Section 83AH(2) creates an exception to the general rule that proceedings for contravention constituted by the commission of another offence must be commenced within 6 months of the conviction. The section does not extend the time available for bringing proceedings.

2:Which of the following people can bring proceedings for Christine’s contravention of the CCO?
A)

The Director of Public Prosecutions

Correct

Proceedings for contravention of a Community Correction Order may be brought by the DPP, a prescribed person, the informant or police prosecutor, a member of a prescribed class of persons or the Secretary to the Department of Justice: Sentencing Act 1991 s83AG(2).

B)

Justice James

Incorrect

Proceedings for contravention of a Community Correction Order may be brought by the DPP, a prescribed person, the informant or police prosecutor, a member of a prescribed class of persons or the Secretary to the Department of Justice: Sentencing Act 1991 s83AG(2). The sentencing judge for an offence constituting a contravention of the order cannot bring proceedings.

C)

Magistrate Hudson

Incorrect

Proceedings for contravention of a Community Correction Order may be brought by the DPP, a prescribed person, the informant or police prosecutor, a member of a prescribed class of persons or the Secretary to the Department of Justice: Sentencing Act 1991 s83AG(2). The judicial officer who imposed the order cannot bring proceedings.

D)

The barrister who conducted the case for the Crown before Justice James

Incorrect

Proceedings for contravention of a Community Correction Order may be brought by the DPP, a prescribed person, the informant or police prosecutor, a member of a prescribed class of persons or the Secretary to the Department of Justice: Sentencing Act 1991 s83AG(2). A barrister representing the Crown cannot, in his or her own name, bring proceedings for contravention of a Community Correction Order.

3:If the charge for contravention was filed before the manslaughter trial commenced, where will the proceedings for the contravention offence be heard?
A)

The Magistrates’ Court of Victoria

Correct

As the CCO was imposed by Magistrate Hudson, the proceedings for contravention of the CCO must be conducted in the Magistrates’ Court.

B)

The County Court of Victoria

Incorrect

Proceedings for contravention of a CCO are conducted in the court that imposed the order.

C)

The Supreme Court of Victoria

Incorrect

While section 83AI is unclear, it seems likely that if the court which hears the later offence was not the court that imposed the CCO, it must transfer proceedings for the contravention offence to court the original sentencing court.

4:Which of the following statements are correct?
A)

A court sentencing Christine may impose a sentence of up to 3 month imprisonment, but cannot make any order regarding the now expired CCO.

Incorrect

The court may impose up to 3 months imprisonment for contravention of a CCO and must confirm, vary or cancel the CCO under s83AS.

B)

The only penalty for contravening a CCO is that the court can extend the duration of the CCO, or increase the amount of unpaid community work required.

Incorrect

The court may impose up to 3 months imprisonment for contravention of a CCO and must confirm, vary or cancel the CCO under s83AS.

C)

The penalty for contravening a CCO is that the court must cancel the CCO and must resentence the offender for the offence that the CCO related to

Incorrect

Cancellation of a CCO and resentencing is one option available under s83AS. However, the court may separately impose a sentence of up to 3 months imprisonment and must confirm, vary or cancel the CCO.

D)

The court may impose a sentence of up to 3 months imprisonment and must either vary, confirm or cancel the CCO.

Correct

In addition to sentencing an offender for contravention of a CCO (an offence with a maximum penalty of 3 months imprisonment), the court must make one of the orders described in s83AS.

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