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  • Writer's pictureYusif Shamoon

Case Study: Jail and CCO Combination for Stalking and Make Threat to Kill Offences

Updated: Mar 21

Table of Contents


 

Summary of Facts

Charges



Court


Seymour Magistrates’ Court – February 2024.


Over a period of 12-months prior to his arrest, our client had been engaged with the Department of Families, Fairness and Housing (DFFH (Child Protection)) in regard to the active management of his children, who longer resided with him.


During the time of the offending, there was a current and active Personal Safety Intervention Order between our client and an employee of DFFH who is unrelated to the current matters.


The Order prohibited our client from attending a specific DFFH office and was implemented for the same reasons as this incident. It was alleged that over several months, our client committed various offences against multiple DFFH workers (threats to kill, stalking, using carriage service to harass) whilst on bail.


What Happened at Court?

All matters were consolidated following successful summary case conference discussions with the Prosecution.   During the plea hearing submissions were made as to our client’s personal circumstances, his willingness to accept responsibility for the offences, and his early plea of guilty.  A comprehensive psychological assessment was also tendered. 


We submitted that the time our client had already served in prison was adequate to address all sentencing considerations.  The prosecution argued that the offending required additional time in prison beyond what had been already served.   After hearing submissions, the presiding Magistrate ordered our client be assessed for his suitability to undertake a Community Correction Order (CCO). The outcome of the CCO assessment was that our client was suitable for such Order.


Court Outcome

Due to the serious nature of the offences our client was sentenced with conviction, as follows:


  • To an aggregate term of imprisonment of seven (7) months, with time served declared;

  • Placed on a CCO for a period of 18-months.

  • Financial penalty of $1,000 to be paid to Fines Victoria.

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