Director of Public Prosecutions v Benjamin Sabbatucci

[2017] VCC 628

IN THE COUNTY COURT OF VICTORIA

Revised

(Not) Restricted

Suitable for Publication

AT MELBOURNE

CRIMINAL JURISDICTION

CR 16-01788

DIRECTOR OF PUBLIC PROSECUTIONS

v

BENJAMIN SABBATUCCI

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JUDGE:	HER HONOUR JUDGE COTTERELL
WHERE HELD:	Melbourne
DATE OF HEARING:
DATE OF SENTENCE:	18 May 2017
CASE MAY BE CITED AS:	DPP v Benjamin Sabbatucci
MEDIUM NEUTRAL CITATION:	[2017] VCC 628

REASONS FOR SENTENCE

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APPEARANCES:	Counsel	Solicitors
For the Office of Public Prosecutions	Mr J.S. Livitsanos
For the Accused	Mr M.R. Page

HER HONOUR:

1You will be convicted in relation to all the offending that I have actually told you my reasons and I will now tell you what the actual sentence is which I couldn't do on that day.

2On Charges 1, 2, 3, 5, 6 and 9, you are convicted and sentenced to an aggregate term of imprisonment of 18 months.  On charges 4, 7, 8, 10 to 32, 35, 36, 38  to  40, 42, 44 and 46 and summary charge 83, you are convicted and sentenced to an aggregate sentence of six months.  This sentence is to be served concurrently with all other sentences.

3On summary charges 15, 49, 58 and 69 you are convicted and sentenced to a three month aggregate sentence.  This sentence is to be served concurrently with all other sentences. 

4On the completion of the sentences of imprisonment that I have imposed, you are sentenced to a three year community corrections order. The order will include the following conditions:  400 hours of community work, treatment and rehabilitation in relation to drug use, treatment and rehabilitation in relation to alcohol and treatment and rehab in the sense that you will do programs to reduce offending and re-offending.  You will be under supervision of your worker so you will have to go and attend on a fairly regular basis for supervision and I am going to require that you come back before me every few months so that I can see what is happening, how you are going and what you are doing because I took into account, as you know, very much, your letter that you wrote saying that you wanted to re-commence your life and you were anxious to do that and I have tried in the best way I can to have you released on that order and hopefully you will be able to at least start your work at that time and I have kept your licence disqualification down so that you can get a licence and actually work and drive legally. 

5Right, so, let me just see.  So that is the - the order will include those conditions and on Charges 33, 34, 37, 41, 43 and 45, you are convicted and sentenced to a four month aggregate sentence and that will be served concurrently with all other sentences.

6HER HONOUR:  And on summary charges 12, 16, 35, 46, 60 and 66 you are convicted and fined an aggregate sum of $1,000.  I will give you three months stay.  In relation to your motor vehicle licence I am certain of the charges, Charges 3 and 27, disqualification is mandatory and you are disqualified for period of three months from actually applying for your licence.  On summary charge 49 your licence is cancelled and you are disqualified from driving for a period of 6 months. 

7In relation to Charge 69 your licence is cancelled and you are disqualified from driving for a period of six months. All those periods run together concurrently and the disqualification period will start from today.

8I order that the, your pre-sentence detention is now estimated at 196 days which is deemed time served and that is to be entered into the records of the court.  I make the ancillary orders which are forfeiture orders when they are handed up to me then pursuant to 6AAA I declare that but for your plea of guilty I would have imposed a sentence of four years' imprisonment with a two year and nine month minimum non-parole period.  Did you understand all that?

9PRISONER:  Yes, Your Honour.

10HER HONOUR:  All right, so you have been advantaged by pleading guilty.

11PRISONER:  Your Honour.

12HER HONOUR:  And I am going to give you that chance and I hope that I won't be disappointed.

13HER HONOUR:  So, when you're released in May 2018, I don't know what date you will be released but you will go immediately to the Office of Corrections and then you can come to see me on 25th of May 2018 for the first Judicial Review.

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