Lecture Notes: Case of DPP v Park [2024]

Overview

• Case Title: DPP v Park
• Court: Victorian County Court
• Case Number: CR-24-00534
• Date of Sentence: 16 August 2024
• Judge: His Honour Judge Tiwana
• Location: Melbourne
• Medium Neutral Citation: [2024] VCC 1249

Key Details

• Defendant: Se June Park
• Charge: Armed robbery
• Sentence: 18-month Community Correction Order (CCO)
• Legal Representation:
  • For the DPP: Olivia Stevenson (OPP)
  • For the Accused: Bec Samuels (VLA)

Crime Description

• Offense occurred on November 15, 2023, at a convenience store in Carlton.
• Park used a kitchen knife and disguised himself with a mask and gloves.
• Stole $1,050 from the store.
• Arrested on the same day, identified through vehicle registration.

Personal Background

• Age: 22 at the time of the offense, 23 at sentencing.
• Background: Born in South Korea, moved to Australia at 14.
• Education: Completed Year 11 through VCAL.
• Employment: Various jobs, recently a signwriter.
• Substance Use: Cannabis, alcohol, and other substances.

Legal and Psychological Considerations

• Mental Health: Diagnosed with ADHD and Major Depressive Disorder (MDD).
• Rehabilitation Prospects: Considered good; undergoing psychological counseling.

Legal Arguments

• Defense Focus: Youth, early guilty plea, no prior criminal history, mental health issues.
• Prosecution Stance: Acknowledged seriousness but supported rehabilitation prospects.

Sentencing Details

• Community Correction Order Conditions:
  • 160 hours of unpaid community work.
  • Drug and mental health assessments and treatments.
  • Supervision throughout the CCO.
• Verdins Principle: Applied, noting imprisonment could worsen mental health.

Other Orders

• Forfeiture and disposal of items used in the crime.

Key Legal References

• Legislation Cited: Crimes Act 1958, Sentencing Act 1991.
• Cases Cited: R v Verdins, Boulton v The Queen, R v Mills, Azzopardi v The Queen.

Final Remarks

• Judge emphasized the importance of rehabilitation and adherence to the CCO conditions.
• Potential consequences of CCO breach were explained in detail to Mr. Park.

The above summary captures the key points and considerations from the case of DPP v Park, as outlined in the sentencing remarks.