Director of Public Prosecutions v Bradley

[2016] VCC 473

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR-15-01766

DIRECTOR OF PUBLIC PROSECUTIONS

v

JESSICA BRADLEY

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JUDGE:	HIS HONOUR JUDGE MAIDMENT
WHERE HELD:	Melbourne
DATE OF HEARING:
DATE OF SENTENCE:	20 April 2016
CASE MAY BE CITED AS:	DPP v Bradley
MEDIUM NEUTRAL CITATION:	[2016] VCC 473

REASONS FOR SENTENCE
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Subject:
Catchwords:
Legislation Cited:
Cases Cited:
Sentence:

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms T. Saville
For the Accused	Ms Dixon

HIS HONOUR:

1Jessica Louise Bradley, you pleaded guilty to an offence of handling stolen goods, namely $7,500 in cash, on 24 June of last year and also possession of a drug of dependence, namely cannabis.

2You have also pleaded guilty to two offences of failing to answer bail and you have admitted prior court appearances and convictions.

3The prosecution has just finished reading the summary opening against you.  It is clear that you were involved with the two perpetrators on a social basis.  The armed robbery that preceded your dishonest handling of the $7,500. That was the proceeds of that armed robbery.

4The evidence does not demonstrate that you were aware what they were going to do.  You had a notion that they were going to roll someone but the evidence does not demonstrate that you were aware what they were going to do or necessarily what they had obtained.

5Nevertheless, it is a serious offence.  It is an offence which merits a term of imprisonment.  The maximum term of imprisonment is 15 years' and ordinarily with an offence committed in the close proximity of an armed robbery a much longer term of imprisonment would have been appropriate.

6I suspect that your drug issues have dogged you for a number of years.  It seems you are capable of working.  I hope you are capable of sorting yourself out.  I suspect you have got quite a long way to go and it will be very much in your hands as to whether you can stay out of trouble.

7At the moment I do not see that the prospects are all that high from the history of your failure to appear in court when required to do so.  But I think on this occasion I can say that the taste of a term of imprisonment, namely 17 days', can be regarded as sufficient to punish you for the offending, to denounce your conduct, to deter you, and to deter others hopefully from committing offences of this kind whilst promoting your rehabilitation as far as I reasonably can.

8You have pleaded guilty.  That is to your credit. I therefore propose to exceed to your Counsel's submission and sentence you accordingly.

9Would you please stand?  For the offence of dishonest handling I convict you and sentence you to imprisonment for a period of 17 days'.  I declare 17 days' pre-sentence detention as time to be reckoned as served on that sentence and deducted from the time you will actually have to serve, which means you will not have to serve any further time and I order that that be noted in the records of the court.

10For the offence of possessing a drug of dependence I convict you and discharge you. For the offences of failing to answer bail I convict you and sentence you to three days' imprisonment on each. Those sentences will run concurrently with the sentence that I have imposed for the offence of handling stolen goods so that they will not add to the term of imprisonment that you will have to serve.

11But for your plea of guilty I would have sentenced you to imprisonment for a period of three months'.

12I make the order for provision of a forensic sample.  That will require you to report to the officer in charge of the Geelong police station during the period set out in the order and submit to the provision of a scraping from the inside of your mouth.  If you comply with that request then that will be the end of the matter.

13If you fail or refuse to comply when requested to provide the sample in that way the officer will be authorised to take blood from you and may use reasonable force to obtain the blood and I am sure you will not put them to that trouble.

14I also make the order for forfeiture, is it, and disposal?

15MS SAVILLE:  Disposal, Your Honour.

16HIS HONOUR:  In accordance with the draft which I have been provided.  Are there any other orders that I need to make?  All right.  Thank you.  All right.  Yes.  Thank you.

17COUNSEL:  As Your Honour pleases.

18MS DIXON:  May I be excused, Your Honour?

19HIS HONOUR:  Yes, you may.  I will provide those.  The other orders relate to the other two cases as well, do they not?

20MS SAVILLE:  Yes, Your Honour.

21HIS HONOUR:  So I will provide you with those in due course.

22MS SAVILLE:  Thank you, Your Honour.

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