Director of Public Prosecutions v Bullard

[2019] VCC 1187

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR 18-00432

DIRECTOR OF PUBLIC PROSECUTIONS

v

RICKY BULLARD

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JUDGE:	HIS HONOUR JUDGE DEAN
WHERE HELD:	Melbourne
DATE OF HEARING:	2 August 2019
DATE OF SENTENCE:	2 August 2019
CASE MAY BE CITED AS:	DPP v Bullard
MEDIUM NEUTRAL CITATION:	[2019] VCC 1187

REASONS FOR SENTENCE
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Subject:
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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr S. Davison	Office of Public Prosecutions
For the Accused	Ms K. Ballard	Emma Turnbull Lawyers

HIS HONOUR: 

1On 23 April 2018, I sentenced the accused, Ricky Bullard to a total effective term of imprisonment of nine months and imposed in conjunction with that sentence a Community Correction Order for a period of two years in relation to a range of offences that he had pleaded guilty to.

2At the time of passing a sentence, I also declared that he had served 243 days by way of pre-sentence detention, meaning that he was released from prison a little over a month after I passed sentence.

3On his release from prison, he reported to the Seymour Community Correction Services Centre on 24 May 2018 and was inducted into the Community Correction Order that I had imposed.

4Regrettably, it appears that following the imposition of the order, Mr Bullard relapsed into drug abuse.  The origins of his drug abuse, in all probability, lie in some traumatic events he experienced, including the loss of friends and property in the Black Saturday Bushfires.  I accept that he has ongoing mental health issues and he continues to suffer from longstanding polysubstance abuse disorder.

5It is plain that he has Post-Traumatic Stress Disorder, and it was submitted on behalf of Mr Bullard today that he is also exhibiting symptoms of psychosis.  He is to be assessed by a psychiatrist in prison today.

6As I have said, his compliance with the Community Correction Order was poor and he has also committed a series of offences whilst on the order.  He has also been bailed following being charged with those offences and that bail was revoked following reoffending.  A condition of the bail was that he be released to Odyssey House, he remained there for five days.

7I am informed that a trial in relation to the offending including burglary and other offences is listed in this court on 2 December 2019 and there is a committal mention in relation to other offences on 12 September 2019.

8Mr Bullard has currently been in custody for 311 days but by operation of s.18 of the Sentencing Act 1991, this period of time cannot be declared in relation to the charge currently before the court today.

9In terms of arriving at an appropriate proportionate sentence for these offences, I am conscious of the fact that he has been in prison for that time and is still a youthful offender.

10It is plain that the appropriate course in this case is to cancel the Community Correction Order that I imposed and the orders are as follows –

11On the charge of breaching the Community Correction Order, Mr Bullard is convicted and discharged.  

12He is resentenced in relation to the charges that the order related to, to a period of four months imprisonment.

13That sentence will commence today and, as I have observed during the course of submissions, the pre-sentence detention currently now available to him will be declared in relation to the numerous outstanding charges that he faces upon their resolution.

14But for his plea of guilty, I would have imposed a total effective term of imprisonment of six months.

15In relation to the charge of possession of ammunition, the maximum penalty for that offence is a fine.  In respect of that charge, Mr Bullard is convicted and fined the sum of $200.

16MS BALLARD:  As Your Honour pleases.

17HIS HONOUR:  Thank you.  So that resolves this case, Mr Bullard.

18OFFENDER:  Yep.

19HIS HONOUR:  Any further orders necessary?

20MS BALLARD:  No, Your Honour.

21MR DAVISON:  No, Your Honour.

22HIS HONOUR:  Thank you.

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