Director of Public Prosecutions v Alty

[2017] VCC 1380

IN THE COUNTY COURT OF VICTORIA  Revised
(Not) Restricted
 Suitable for Publication

AT MELBOURNE

CRIMINAL DIVISION

Case No.17-01760

DIRECTOR OF PUBLIC PROSECUTIONS

v

JESSE ALTY

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JUDGE:	HIS HONOUR JUDGE BOURKE
WHERE HELD:	Melbourne
DATE OF HEARING:
DATE OF SENTENCE:	13 September 2017
CASE MAY BE CITED AS:	DPP v Alty
MEDIUM NEUTRAL CITATION:	[2017] VCC 1380

REASONS FOR SENTENCE

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Catchwords:

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APPEARANCES:	Counsel	Solicitors
For the Crown	Mr P. Davies
For the Accused	Ms M. Carroll

HIS HONOUR:

1       The re-sentencing of you is as follows.

2       

On the indictment for Charge 1, aggravated burglary you are sentenced to

16 months' detention in a youth justice centre.

3       On Charge 2, intentionally causing injury, you are sentenced to four months' detention in a youth justice centre.

4       Then dealing with the summary charges and they have to be dealt with individually.

5       

On Case No.H10127568 what might be called the July brief, offending on

8 July 2016, as follows:

6       Charge 1, behave in a riotous manner, one month's detention.

7       Charge 2, wilfully damaging property, one month's detention.

8       Magistrates' Court Case No.H10239374, the brief related to 4 and 5 November as follows:

9       Charge 1, theft, two months' detention.

10      Charge 2, obtain property by deception, two months' detention.

11      Charge 3, commit an indictable offence whilst on bail, one month's detention.

12      Case No.H10104314, the offences relating to 7 November 2016:

13      Charge 1, theft, two months' detention.

14      Charge 2, obtain property by deception, two months' detention.

15      Charge 3, commit an indictable offence on bail, one month's detention.

16      Case No.H10323074, offending occurring on 17 and 18 January 2017:

17      Charge 1, theft of a motor vehicle, four months' detention.

18      Charge 2, theft, two months' detention.

19      Charge 3, theft, two months' detention.

20      Charge 4, theft, two months' detention.

21      Charge 5, burglary, four months' detention.

22      Charge 6, wilful damage, two months' detention.

23      Charge 7, theft, one month's detention.

24      Charge 8, obtain property by deception, one month's detention.

25      Charge 9, obtain property by deception, two months' detention.

26      On each of Charges 10, 11, 12, 13, 14, 15 and 16, each charge being commit an indictable offence on bail, one month's detention on each.

27      On Charge 17, theft, two months' detention in a youth justice centre.

28      As to cumulation across the range of those offences, I direct that two months of the sentence on the indictment Charge 2, intentionally causing injury, and two months of the sentence of four months for theft of a motor vehicle, Charge 1 on Case H10323074,  be served cumulatively on Charge 1 of the indictment, aggravated burglary, and upon each other, making a total effective sentence of detention of 20 months.

29 I declare now 112 days of pre-sentence detention already served under s.35 of the Sentencing Act.  I indicate the same as I did on last Friday this. That had you not pleaded guilty I would have imposed a sentence of two and a half years' imprisonment with a minimum of 16 months to be served before being eligible for parole.

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HIS HONOUR:  Were there any subsidiary orders and do I need to repeat them?

MR DAVIES:  No Your Honour, you did take care of them.

HIS HONOUR:  The same, all right good, thank you.  All right I'm sorry that error was made but it's cleared up now.  We'll turn you off now, thank you Mr Alty.

PRISONER:  Thank you.

HIS HONOUR:  Thank you you're excused.

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