Director of Public Prosecutions v Bowling

[2018] VCC 1099

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

AT WANGARATTA
CRIMINAL JURISDICTION

CR 17-02007

DIRECTOR OF PUBLIC PROSECUTIONS

v

JAMES BOWLING

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JUDGE:	HIS HONOUR JUDGE MCINERNEY
WHERE HELD:	Wangaratta
DATE OF HEARING:	19 July 2018
DATE OF SENTENCE:	19 July 2018
CASE MAY BE CITED AS:	DPP v Bowling
MEDIUM NEUTRAL CITATION:	[2018] VCC 1099

REASONS FOR SENTENCE
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Subject: CRIMINAL LAW
Catchwords: Sentence – handling stolen goods – commit indictable offence whilst on bail
Legislation Cited: Criminal Procedure Act 2009; Sentencing Act 1991
Sentence: Convicted and sentenced to a total effective sentence of six months’ imprisonment.

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr Grant	Office of Public Prosecutions
For the Accused	Mr Gray	Mr Geoff Clancy

HIS HONOUR:

1In this matter, completing the indictment which was heard by way of trial for which Mr Bowling was found not guilty, he pleaded guilty to the first count in the indictment. That is the matter that I have before me today, together with a matter under s.145 of the Criminal Procedure Act, one of commit an indictable offence whilst on bail.

2The handle stolen goods (Charge 1) relates to a car stolen from Shepparton on the 20th day of April, 2017.  That car was valued at $10,000.  Mr Bowling is not charged with the theft of the car, but with the handling of those goods.  That charge obviously is seen by the Parliament as a serious charge, because the maximum penalty involved is one of 15 years.

3The breach of his bail at the time is the commission of this very offence.  In the record of interview, which related to a number of other matters, you simply maintain that you did not steal the car, and in the circumstances have been charged accordingly.

4As Mr Bowling said today, he is aged 29.  I must say Mr Bowling, your priors are very concerning to the Court.  You have a sentence in 2011 when you got three years imprisonment for armed robbery.  You got another three months for possession of unregistered firearms in 2016.  You then, remarkably in my view, in November 2016 received a community corrections order for a series of serious crimes, which demonstrate you are afflicted by drugs and are part of the drug scene. You were found guilty of possess methamphetamine.  You had a weapon and cartridges, and again had a prior in that instance for dishonestly dealing with proceeds of crime and items suspected. 

5You have recently stood trial and I make no comment on that verdict, but the fact is that you stood trial for very serious crimes.  You are 29, you have got a serious criminal background.  You do not come to be sentenced again for those, but let me tell you, you come before the Court on a serious matter again, you are going to get a big sentence.

6So in your lifetime now, it is time to change your life.  You come back again and it is a big sentence, right?

7OFFENDER:  Yes Your Honour.

8HIS HONOUR:  So it is time for you to give up the drugs.  Twenty-nine, you are nearly a welder, get your ticket and work hard and become an appropriate member of the community.  It is not much use being in gaol.  Fourteen months, you have had in gaol.  What a waste that is for a young man like you.  You have obviously got talent, you obviously can get on in the world, but you are afflicted by drugs, you have got to get rid of them.

9Anyway, coming back to the circumstances of this case.  You can stand, Mr Bowling.  On the indictable charge of handle stolen goods, you will be sentenced to a period of imprisonment of six months.  On the breach of bail, a period of one month.  I will not make any order of cumulation, so the maximum sentence or amount that you need to serve is a period of six months.

10I note that you have, as part of the presentence detention, a period of 256 days left to take into account.  That clearly covers the amount that I have sentenced you to today, so Mr Bowling you will be free to leave today.  But as I say, we do not want to see you again, because you come up - you are coming up - the serious charges that you are on, you will be up for a big sentence.  There will be no more generosity like you got in the Magistrates' Court, all right?  Good luck.  Any matters that I have to attend to?

11MR GRANT:  Just s.6AAA.

12HIS HONOUR:  Do I have to make s.6AAA?

13MR GRANT:  Yes Your Honour.

14HIS HONOUR:  All right.  Had Mr Bowling not pleaded guilty to this matter, the sentence I would have imposed upon him would have been a period of one and a half years with a minimum of 12 months to serve.

15MR GRAY:  If Your Honour pleases.

16HIS HONOUR:  Any reason why Mr Bowling cannot come out of the dock, Mr Prosecutor?

17MR GRANT:  No. 

18HIS HONOUR:  Right.  There is nothing to sign for him?  We are all fine?

19MR GRAY:  No Your Honour.

20HIS HONOUR:  Yes Mr Bowling, good luck, all right.  Yes Madam Officer, he can come out of the dock.  All right, well I will stand down while we wait for the trial.

21(At this stage the court proceeded with another matter.)

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