Director of Public Prosecutions v Bowler

[2016] VCC 2076

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR-14-00208

DIRECTOR OF PUBLIC PROSECUTIONS

v

SHANE TRAVIS BOWLER

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JUDGE:	HIS HONOUR JUDGE CARMODY
WHERE HELD:	Melbourne
DATE OF HEARING:	22 November 2016
DATE OF SENTENCE:	22 November 2016
CASE MAY BE CITED AS:	DPP v Bowler
MEDIUM NEUTRAL CITATION:	[2016] VCC 2076

REASONS FOR SENTENCE
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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms W. Duncan	OPP
For the Accused	Mr I. Polak	Ann Valos Criminal Law

HIS HONOUR:

1Shane Travis Bowler, on 5 August 2015, I sentenced you on charges of attempted aggravated burglary and common law assault to a CCO for a period of two years. The conditions were to perform of 200 hours of unpaid community work, supervision, drug and alcohol treatment, and mental health assessment and treatment.

2You agreed to the terms of that CCO and signed it on that day.  You have been charged with contravening that community corrections order by failing to undergo the treatment and rehabilitation, and failing to be supervised on numerous occasions.  The reports dated 23 May 2016, 22 September 2016 and
16 November 2016, set out your breaches.

3You have pleaded guilty to the breach of the CCO.  I find that the charge of breaching the CCO pursuant to s.83AD proven.  You have only complied with my original order in a perfunctory manner.  You reported to the community corrections service on the first occasion, and then on some very few further attendances, you have performed a total of six hours of unpaid community work in that period.  You have not attended any of the rehabilitative parts of the order that you were ordered to do.  You have refused supervision in the main.

4You were given this chance to avoid prison and to enhance your chances of rehabilitation given your difficulties, and for the benefit of yourself and for your two children at that time.

5You have left the court no option but to sentence you pursuant to s.83AS(1)(c).  I refer to my reasons for sentence on 5 August 2015 when considering the appropriate sentence of imprisonment to be imposed on you today.  I take into account the matters put on your behalf by your counsel in respect of your offending itself. The principles of Verdins’ case apply, and I have taken those into account.

6In respect of your breach of the CCO, I have also taken the principles of Verdins’ case into account when fixing this sentence.  Imprisonment will be difficult for you due to your impairments, and I have moderated the length of imprisonment to which I am about to sentence you to, to accommodate that consideration.

7I order that the CCO imposed on 5 August 2015 is cancelled.  On the charge of attempted aggravated burglary, you are convicted and sentenced to nine months' imprisonment.  On the charge of common law assault, you are convicted and sentenced to one month imprisonment.  I direct that on that sentence, the one-month imprisonment, is concurrent with the sentence in of attempted aggravated burglary.   That is a total effective sentence of nine months' imprisonment.

8Now, the presentence detention, I need to check.

9MS DUNCAN:  If Your Honour pleases.

10HIS HONOUR:  It was previously 27 days, and there has been time in between.

11MS DUNCAN:  There was 14 days, Your Honour, between - sorry, just let me double-check that.  Between 29 September and 12 October.

12HIS HONOUR:  So it is 27 plus 14, yes?  Is that right?

13MS DUNCAN:  I have to go back to find the 27th, the court seems to have that, and I am seeking it.  Excuse me.

14HIS HONOUR:  You do not know?

15OFFENDER:  Your Honour, may I say something?  This is not fair, why hasn't it been asked if - what we spoke about in Corrections has been asked to the Corrections workers.  To sit there and say "this is what he did", Your Honour ‑ ‑ ‑

16HIS HONOUR:  It is 27?  Yes.  I declare that you have served 41 days presentence detention, and that is to be deducted administratively from your sentence.

17HIS HONOUR:  Remove the prisoner.

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