Director of Public Prosecutions v Bell
[2013] VCC 1942
•6 December 2013
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
CR-13-00291
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| JASON BELL |
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JUDGE: | HIS HONOUR JUDGE RYAN | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 3 December 2013 | |
DATE OF SENTENCE: | 6 December 2013 | |
CASE MAY BE CITED AS: | DPP v Bell | |
MEDIUM NEUTRAL CITATION: | [2013] VCC 1942 | |
REASONS FOR SENTENCE
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Ms D. Manova | OPP |
| For the Accused | Ms O. A. Trumble (Plea) Ms J. Hardy (Sentence) | James Dowsley & Associates |
HIS HONOUR:
1 Jason Bell, you have pleaded guilty to one charge of recklessly causing injury to Philip Payat. The maximum penalty for this offence is 5 years' imprisonment. You are thirty-six years of age and since the age of eighteen have accrued sixty-three convictions from seventeen court appearances in both the Australian Capital Territory and Victoria. You have prior convictions for dishonesty, drug, weapons and driving offences as well as armed robbery.
2 Tendered as Exhibit A on the plea was the “Agreed Summary of Prosecution Opening” that was read aloud in Court. In short, when confronted by Mr Payat who was armed with a chainsaw, you disarmed him and struck him with it two or three times, causing the following injuries:
(a)a fracture of the left nasal bone and left maxillary frontal process with displacement medially,
(b)a left anterior and outer cortical wall minimally displaced fracture,
(c)minor facial lacerations,
(d)left eye oedema and
(e)cuts to the left hand.
3 There is no Victim Impact Statement from Mr Payat. What prompted this incident is unclear although it seems to be connected somehow to drugs or a drug-related debt.
4 Tendered as Exhibit 1 on the plea were reports from:
(a)Dr Robert Burke dated 22 May 2013,
(b)Darren Glover dated 1 November 2013,
(c)Carla Lechner dated 13 November 2013 and
(d)Priscilla Mulhern dated 20 November 2013.
5 Distilling the contents of these reports as succinctly as I can, you had a deprived childhood with no permanent place of residence and no consistent schooling. Behavioural problems appeared early in your life, you were made a ward of the State and you were housed in refuges and boys’ homes from time to time.
6 You are a man of limited intellect with a long history of drug abuse commencing with cannabis at the age of thirteen years. You abused heroin for a long time and more recently you have abused benzodiazepines.
7 You have been cannabis dependent for most of your life. Upon assessment there was some evidence of substance related acquired brain injury. Unsurprisingly you have suffered from depression and anxiety and have been medicated for those complaints although you are not presently taking any medication for them.
8 In the first half of this year you made a concerted effort to address your drug and mental health problems, although this effort was thwarted to some degree by periods of homelessness.
9 On 17 May 2011 you were arrested in respect of the instant offending and charged with recklessly cause serious injury and alternative charges and bailed. The matter came on for hearing as a summary contest on 31 May 2012 but the Magistrate refused jurisdiction and the matter was adjourned for committal and you were subsequently charged with intentionally causing serious injury as well. In the interim, on 13 March 2012 you received a 12 months sentence of imprisonment for a multitude of drug, driving and dishonesty offences. This sentence lapsed on 9 June 2012 as at the time of sentence you had served 239 days by way of pre-sentence detention. From 9 June 2012 until your failure to appear at a final directions hearing in this Court on 23 July 2013 you were on bail. You were remanded in custody on 19 August 2013 and have pre-sentence detention of 127 days’ counting today.
10 During the plea I was told that you have a part heard plea for dishonesty matters before the Magistrates’ Court which was to take place yesterday. Additionally you have two pending matters for the breach of an intervention order and a burglary and theft.
11 I hold little hope for your rehabilitation. However, you have formed a relationship with Ms Allison Shomali who is keen for you to live with her and who has sought and been granted permission for this to happen form her landlord, the Department of Housing. Ms Shomali is a recovering heroin addict who has been abstinent for six years and is a regular attendant at Narcotics Anonymous (“NA”). I was told that you are keen to take up this offer and will attend NA with her.
12 The history of this matter is a chequered one, marked by delay in part caused by judicial intervention. Appropriately dealt with, this matter should have resolved in the Magistrates’ Court in 2012 for the offence to which you have pleaded guilty before me.
13 I have had the benefit of helpful written and oral submissions from your counsel, Ms Trumble.
14 It is now over two and a half years since the date of the offence. In the interim you have served a period of 12 months' imprisonment. Additionally you have spent 127 days on remand in respect to this offence. You have pleaded guilty and are entitled to the full benefit of that plea. You have sought assistance in respect of your drug and mental health problems. You have formed a relationship with Ms Shomali and have a place to live when you are released from prison.
15 By this sentence I must punish you, publicly denounce your conduct and deter you and others from committing these kinds of crimes. Taking into account the circumstances of the offence and their effect on your personal circumstances and antecedence, endeavouring to produce a sentence which reflects and promote the purposes of sentencing in a manner appropriate to you and your offending, I sentence you to 127 days’ imprisonment.
16 I declare that you have served 127 days by way pre-sentence detention including today. That means that you will be taken down into the custody centre and ought be discharged there or from where you were being housed today.
17 Pursuant to s.6AAA of the Sentencing Act 1991, I declare that but for your plea of guilty I would have sentenced you to 6 months' imprisonment.
18 There was an ancillary order in respect to the disposal of that item that was used in the assault. I have signed those orders.
19 COUNSEL: May it please the court.
20 HIS HONOUR: Are there any other matters that need to be dealt with? Mr Bell, I wish you every success from now on in.
21 OFFENDER: Thank you, Your Honour.
22 HIS HONOUR: As a matter of interest, Ms Hardy, what happened on Thursday?
23 MS HARDY: Your Honour, Her Honour Magistrate Chambers elected to have the matter in this court heard prior to determining sentence. It's also the case that Mr Bell, for whatever reason, was in the custody centre yesterday morning but not yesterday afternoon. Corrections had for some reason moved him so his matter was unable to be progressed in any substantive fashion yesterday afternoon.
24 HIS HONOUR: Very well. I have done my bit for you, Mr Bell, let us hope everybody else does theirs. You are a seasoned performer, let us stop the performances, please. Could you remove the prisoner?
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