Director of Public Prosecutions v Crawford

[2013] VCC 2151

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

AT MELBOURNE
CRIMINAL JURISDICTION

DIRECTOR OF PUBLIC PROSECUTIONS

v

BRADLEY CRAWFORD

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JUDGE:	HIS HONOUR JUDGE PARSONS
WHERE HELD:	Melbourne
DATE OF HEARING:
DATE OF SENTENCE:	11 April 2013
CASE MAY BE CITED AS:	DPP v Crawford
MEDIUM NEUTRAL CITATION:	[2013] VCC 2151

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 Ellovaris	Office of Public Prosecutions
For the Offender	Mr Chernok	Doogue & O’Brien

1HIS HONOUR:  Good afternoon, Madam Instructor, welcome.

2MS ELLOVARIS:  Thank you Your Honour.

3HIS HONOUR:  It's Ms?

4MS ELLOVARIS:  Ellovaris.

5HIS HONOUR:  Ellovaris?

6MS ELLOVARIS:  Ellovaris, correct.

7HIS HONOUR:  Ms Ellovaris, you have seen the CCO report?

8MS ELLOVARIS:  I have Your Honour.

9HIS HONOUR:  Any difficulties or anything you'd like to submit with respect to that?

10MS ELLOVARIS:  Nothing further Your Honour.

11HIS HONOUR:  Thank you.  Anything Mr Chernok, from you?

12MR CHERNOK:  Your Honour I note the report writer's comments in relation to the work condition, that effectively the work that Mr Crawford would be doing has to take place during the week.  Your Honour might remember that there was a GP management plan that was tendered on the plea in relation to my client's back injury.

13HIS HONOUR:  I think what I'll do is I'll order the hundred hours and if at any stage it interferes with any paid employment then that's something I think that I can deal with at that time, or can it come back to me, or is it simply dealt with by the appropriate people?

14MR CHERNOK:  I would think that it would be dealt with by Corrections, Your Honour, unless Your Honour was minded to impose a judicial monitoring condition and bring the matter back say in three months time to see how compliance is going, as it were.

15HIS HONOUR:  I think I'm prepared to leave it as it is.  It seems to me that two hours a week people are going to be able to work around that.

16MR CHERNOK:  Yes Your Honour.  The other matter then is the length of the order.

17HIS HONOUR:  It's 12 months, yes, I don't think there's a difficulty with respect to the sexual offending, I saw the report and clearly the circumstances were such that I agree with the learned author's views on all that.

18MR CHERNOK:  If Your Honour pleases.

19HIS HONOUR:  All right Mr Crawford, we all know where we have got to, so it is a Community Corrections Order with the terms that you have been alerted to.  So all of the recommendations are to be followed.  I understand you and your wife are thinking of moving to the country and obviously I am satisfied in all the circumstances that this is an appropriate way of measuring the fact that you have become the person you are, and I think obviously from now on it is all up to you but you understand the inevitabilities of a breach.

20OFFENDER:  Yes Your Honour.

21HIS HONOUR:  So we both know that it would be sad to have to come back to court and undo all the good you have done to date, but the good thing is that is all in your hands.

22OFFENDER:  Yes, that's right Your Honour.

23HIS HONOUR:  All right, thank you, if you would sign that report please?  Mr Chernok you can assist Mr Crawford in that regard.

24MR CHERNOK:  Thank you Your Honour.

25HIS HONOUR:  Mr Chernok will obviously go through that again with you Mr Crawford, but it is a document I think you have already indicated your preparedness to agree to.

26OFFENDER:  Yes Your Honour.

27HIS HONOUR:  Yes, all right, well thank you all for your assistance.  I will sign those orders.  All right you can step forward, Mr Crawford.

28MR CHERNOK:  Before Your Honour does stand down, I remember that - and I enquired of my learned friend Ms Churchill this morning that there was a prosecution application for a 464 retention of DNA sample.  There's no opposition to that, I'm just not sure - I can't find a note of whether or not Your Honour actually granted that application.

29HIS HONOUR:  I'll make that retention order when the document is produced to me on the basis that it's not objected to.  So Ms Ellovaris if you can ensure that that document or that order is before me, I'll sign that in chambers.

30MR CHERNOK:  Thank Your Honour.

31MS ELLOVARIS:  Thank Your Honour.

32HIS HONOUR:  All right, there we go, good luck you two, I hope things work out in the future but the nice thing is it's all in your hands.

33OFFENDER:  That's it.

34HIS HONOUR:  Good luck.

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