Director of Public Prosecutions v Braniff

[2021] VCC 1873

IN THE COUNTY COURT OF VICTORIA

 Revised

Not Restricted

Suitable for Publication

AT MELBOURNE

CRIMINAL JURISDICTION

CR 20-01458

DIRECTOR OF PUBLIC PROSECUTIONS

v

INDI BRANIFF

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JUDGE:	HIS HONOUR JUDGE CHETTLE
WHERE HELD:	Melbourne
DATE OF HEARING:	19 November 2021
DATE OF SENTENCE:	28 September &19 November 2021
CASE MAY BE CITED AS:	DPP v Braniff
MEDIUM NEUTRAL CITATION:	[2021] VCC 1873

REASONS FOR SENTENCE

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr D. O'Doherty	Office of Public Prosecutions
For the Accused	Ms A. Buckley	Gallant Law

HIS HONOUR: 

1Pursuant to s104A of the Sentencing Act, I am going to correct an error that I should have dealt with at the sentencing on 28 September.  In relation to her driver's licence, her licence to drive a motor vehicle is suspended for seven days from today's date.  Ms Braniff, that means you cannot drive your car for seven days.  Do you understand?

2OFFENDER:  Yes.

3HIS HONOUR:  The last thing you want to do is be caught driving whilst suspended.  I am sure Ms Buckley will make it clear to you that that would breach the orders that you are on at the moment.  You follow?

4OFFENDER:  Yes.  Yes, Your Honour.

5HIS HONOUR:  And we have only just started.  So we do not want to - so I have to make an order in relation to your licence.  I have made one that, in my view, is lower than I would normally make, but because of your cooperation with the police and all the matters I took into account on your sentence, I do not propose to do anything other than suspend it for seven days from today.

6MS BUCKLEY:  As Your Honour pleases.

7HIS HONOUR:  Anything else, Mr O'Doherty, that I have forgotten?

8MR O'DOHERTY:  No, Your Honour.  Thank you.

9HIS HONOUR:  All right.  I will terminate the link.

10MS BUCKLEY:  As the court pleases.

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