Director of Public Prosecutions v Chapple

[2016] VCC 1275

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

AT SALE
CRIMINAL JURISDICTION

CR-16-00320

DIRECTOR OF PUBLIC PROSECUTIONS

v

SHAUN THOMAS CHAPPLE

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JUDGE:	HIS HONOUR JUDGE DEAN
WHERE HELD:	Sale
DATE OF HEARING:	29 August 2016
DATE OF SENTENCE:	29 August 2016
CASE MAY BE CITED AS:	DPP v Chapple
MEDIUM NEUTRAL CITATION:	[2016] VCC 1275

REASONS FOR SENTENCE
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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr P. A. D'Arcy	Office of Public Prosecutions
For the Accused	Mr J. Anderson	Sullivan Braham Pty Ltd

1HIS HONOUR: Shaun Thomas Chapple, you have pleaded guilty to one charge of attempting to pervert the course of justice contrary to common law. The maximum penalty for that offence by operation of s.320 of the Crimes Act (1958) is 25 years' imprisonment.

2You pleaded guilty to the charge following discussions to resolve the matter with the prosecution, and I accept that your plea of guilty is evidence or remorse in your case for your offending and further that it has saved the community the cost of a criminal trial. 

3I have taken your plea of guilty into account in mitigation of sentence. 

4You have admitted an extensive criminal history dating to 2006 for offending that was dealt with by the Children's Court. Your counsel instructed me that your offending commenced when you were 11 years of age.

5There is currently one matter outstanding in relation to an alleged breach of an intervention order in respect of which you intend to plead not guilty.  There are no other charges outstanding in your case, and you have not re-offended since being released from prison on 2 September 2015, which is in your case somewhat of an achievement.

6A summary of prosecution opening was read to the court and tendered in evidence, and your offending may be summarised as follows - 

7On 27 November 2014 you were involved in a heated dispute with a Mr Brian Hurrell, in relation to him reversing his vehicle from his home in McCole Street, Sale, whilst you and your partner Ms Cody Feeley were riding past on bicycles. 

8A heated dispute occurred as I have said during which both of you exhibited a degree of aggression towards one another.  You punched Mr Hurrell to the face causing him to sustain a broken jaw.  As it transpired an associate of yours Ms Ellen Raglund-Bunn was driving a vehicle in the vicinity at the time of your offending.

9You and Ms Feeley telephoned her and she came to her house wherein you prevailed upon her to make a statement to the police which was intended to avoid you being prosecuted for assaulting Mr Hurrell.

10I accept that at the time Ms Feeley was also placing Ms Raglund-Bunn under pressure because she was seven months pregnant and was concerned that if you were convicted of the assault you would be imprisoned and not be present for the birth of your second child with her.

11Subsequently Ms Raglund-Bunn made a truthful statement to the police retracting what it was that she had said in her first statement and you pleaded guilty in the Magistrates' Court at Sale to assaulting Mr Hurrell and you were then sentenced to a term of imprisonment for that offence.

12In my opinion whilst this offence may properly be described as a serious one, as evidenced by the maximum penalty of 25 years fixed by the Crimes Act, this is an example of the offence which falls at a lower end of seriousness. Ultimately you pleaded guilty to the offence that you attempted to pervert the course of justice in relation to. I also accept that both you and Ms Feeley were under a considerable amount of personal pressure at the time you prevailed upon Ms Raglund-Bunn to make the false statement to police.

13As pointed out by your counsel, offending of this type occurs across a wide spectrum and as I have said that this offence falls at the lower end of that spectrum.  Nevertheless it is important that the sentence that I impose is calculated to deter you and others from offending in this way.  Our system of criminal justice depends upon persons being honest with the police in the course of their investigations and furthermore it is important that the police resources are not used in a wasteful manner.  You must also be punished for your offending in this instance.

14I now turn to your personal circumstances.  You were born on 19 January 1990, and you are now aged 26 years.  As I have said you have admitted an extensive criminal history but you have not offended since September last year.  And it would appear that you are making some progress in the community.

15You have recently obtained public housing in Traralgon after being on the public housing waiting list since 2005. 

16You have long standing mental health and poly-substance abuse issues which also appear to be now managed as a result of medication, you are in receipt of methadone on a daily basis and also a high dose of Seroquel in order to manage your diagnosed schizophrenia.

17You and Ms Feeley have two children aged seven years and two years both of whom are in care with the Department of Health and Human Services.  You hope to be able to gain custody of them in the future.

18Your mother resides in Traralgon and provides you with a degree of support, your father however is currently undergoing a term of imprisonment.  Any assessment of your prospects for rehabilitation must be guarded.  You have, as I have said, long standing poly-substance abuse and mental health issues, although they are now responding to medication.

19In my opinion it is essential for you to continue your treatment and if you do not in all probability you will re-offend. 

20You are in receipt of a new start allowance and you are currently undertaking part-time work in a factory.

21Despite your very disturbed childhood and background and extensive criminal history, there is some room for optimism in your case.  You appear in court today to have some insight into your need to establish a more stable lifestyle and no doubt you are aware that if you do not your mental health issues will re-emerge and you will in all probability return to prison, which is a cycle which will not provide you with any stable future.

22It was submitted on your behalf by your counsel that the penalty I should impose in this case should not result in you having to return to prison, such a course was not opposed by the prosecution.  In my opinion the appropriate proportionate penalty to impose in this case is a term of imprisonment which has that effect.

23In result the sentence of the course is as follows: 

24On the charge of attempting to pervert the course of justice you are convicted and sentenced to be imprisoned for a period of 85 days.  

25I declare that you have served 85 days by way of pre-sentence detention, not including today. 

26But for your plea of guilty I would have imposed a total effective term of imprisonment of six months.

27Are there any further orders required?

28COUNSEL:  No, Your Honour.

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