Director of Public Prosecutions v Barnett

[2019] VCC 1645

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

AT BENDIGO
CRIMINAL JURISDICTION

CR 15-00370

DIRECTOR OF PUBLIC PROSECUTIONS

v

DALE BARNETT

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JUDGE:	HER HONOUR JUDGE WILMOTH
WHERE HELD:	Bendigo
DATE OF HEARING:	14 October 2019
DATE OF SENTENCE:	14 October 2019
CASE MAY BE CITED AS:	DPP v Barnett
MEDIUM NEUTRAL CITATION:	[2019] VCC 1645

REASONS FOR SENTENCE
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Subject: Criminal Law
Catchwords: Breach CCO
Sentence: Fine $300 with conviction

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr G. Hayward	OPP
Stary Law
For the Accused	Mr R. Backwell

HER HONOUR: 

1Obviously you have got a very poor history of failing to comply with court orders of various sorts going back quite a long time.  I am told that you would like to take steps through the Family Court and see if you can have access to your children.  Perhaps now you have reached the age of 39 you might well see that as a motive to behave yourself and do your best to make yourself a suitable candidate for seeing your children.  The accommodation that you have now got and your plans to tackle mental health issues might be good indications in support of that motivation. 

2I take into account the totality principle, that you have served two months recently and another four days in custody?  I would ask the question what good would come of any further time in custody.  There comes a time when even a recalcitrant offender might do better with no court orders imposed to have to continue to comply with.  I am prepared to say that that time has come for you, partly because of your age, partly because you did complete a good part of the CCO, even if it did not totally succeed in preventing further offending.

3But on balance and for all those reasons, I shall find the breach proven, impose a fine of $300 and make no further order. 

4MR BACKWELL:  If it please the court.

5HER HONOUR:  Mr Backwell, a stay for that $300?

6MR BACKWELL:  Yes, I'd seek a stay of three months and I'll speak to Mr Barnett about a payment plan and the like.

7HER HONOUR:  All right, stay of three months.

8MR BACKWELL:  Thank you.

9HER HONOUR:  Thank you.  Mr Backwell, thank you for attending to this promptly when you wouldn't have had much notice, I would understand. 

10MR BACKWELL:  No.

11HER HONOUR:  Thank you very much.

12MR BACKWELL:  As Your Honour pleases.

13HER HONOUR:  My associate is just raising the technical issue, Mr Hayward, of what to do with the balance of the CCO. I think I have to just cancel it.

14MR HAYWARD:  Yes.

15MR BACKWELL:  The order's expired.

16HER HONOUR:  It's expired, has it?

17MR BACKWELL:  Yes, expired in July of this year.

18HER HONOUR:  All right.  Well, in case the computer requires her to make that order, she may.

19MR HAYWARD:  Yes, I submit it ought be cancelled and no further order.

20HER HONOUR:  Yes.  Thank you. 

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