Sione Vaivao pleads guilty to contravening a probation order by consuming alcohol at Heidelberg Magistrates’ Court
A sex offender who has been banned from drinking alcohol has been busted hanging around Preston Market with a wine cask.
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A boozy registered sex offender has been told to stay off the wine and away from Melbourne’s CBD.
Sione Vaivao appeared at Heidelberg Magistrates’ Court via video link from prison on Tuesday, where he pleaded guilty to contravening a probation order by consuming and possessing alcohol.
In February this year, police found Vaivao, who is a registered sex offender, holding a wine cask at Preston market and did a breath test, which returned positive a reading
Under the Sex Offender Registration Act 2004, the court can make a prohibition order against a sex offender from using drugs or alcohol.
A police officer can require registered sex offenders to give a drug or alcohol test if they suspect, on reasonable grounds, that the offender has contravened that prohibition.
The court heard that Vaivao was also prohibited from entering Melbourne CBD under court orders.
Vaivao’s defence lawyer said her client understood how important it was to comply with his order and not drink alcohol but had relapsed.
“He is a 61-year-old man born in Samoa … he is one of six children and his father spent several years in prison. Three of his siblings passed away from suicide,” she said.
The defence lawyer said Vaivao was homeless and lived with an intellectual disability and an acquired brain injury.
“He began abusing substances in his teens and was drinking too excessively … he did enjoy sobriety but has since relapsed on several occasions,” she said.
Magistrate Timothy Hoare told Vaivao that under no circumstances was he to drink and possess alcohol or enter Melbourne’s CBD.
“I find the current offences occurred during homelessness, and that you have an alcohol problem and relapsed into drinking,” he said.
Mr Hoare reminded the 61-year-old that under no circumstances could he drink or possess alcohol and enter the CBD.
Vaivao was convicted and sentenced to 14 days’ prison.
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