Director of Public Prosecutions v Cropley

[2021] VCC 826

IN THE COUNTY COURT OF VICTORIA

Revised

Not Restricted

Suitable for Publication

AT MELBOURNE

CRIMINAL JURISDICTION

CR 18-01177

DIRECTOR OF PUBLIC PROSECUTIONS

v

DARYL CROPLEY

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JUDGE:	HIS HONOUR JUDGE SMITH
WHERE HELD:	Melbourne
DATE OF HEARING:
DATE OF SENTENCE:	17 June 2021
CASE MAY BE CITED AS:	DPP v Cropley
MEDIUM NEUTRAL CITATION:	[2021] VCC 826

REASONS FOR SENTENCE

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr L. McPhie
For the Accused	Ms E. Strugnell

HIS HONOUR:

1The offence of false imprisonment is, in my view, a serious offence involving the deprivation of the freedom of a person.  In this case, Mr Cropley, your role, compared with Mr Alexiou and Mr Charan was more limited, but it was nevertheless a valuable role in luring Mr Keeshaw to the unit in question.  He had been lured there, as I set out in the earlier sentencing notes, that he had been lured there to give a quote on a paint job, from memory - it was a quote for some services to be rendered.  You well knew that it was complete fiction. 

2You have got a number of prior convictions which do not assist you in your plea for leniency.  Those prior convictions include - just bear with me - a significant number of drug related offences involving methamphetamine, traffick methamphetamine back in 2017, traffick methamphetamine in - the original hearing was September 2017, as I read it - possessing ecstasy and possess GHB, an earlier traffick methamphetamine offence back in 2016, a number of offences of possession of weapons, one sword or another, and a number of motor vehicle offences involving, for instance, drive whilst disqualified, driving whilst your licence was suspended and the like.

3A number of parts of your background were spelt out - were spelt out in my original sentencing notes of June 2019, and I will not repeat those comments here.  I consider it unnecessary.  Those notes are in the possession of all parties.

4What I did set out at some length was your background and those prior convictions and the like.  I also noted at the time that a number character references were tendered to the court on that occasion, and I made the comment that it appeared that a number of those persons did not appear to know you as well as they professed to or thought they did. 

5In all the circumstances, I am unable to follow the suggested penalties put by your counsel, and I consider that a term of imprisonment is the only adequate penalty for such an offence.

6On the charge of false imprisonment of Mr Cropley, you are sentenced to six months' imprisonment.  I note that that being the case, I am not permitted to refer to a non-parole period; is that right, Mr McPhie?

7MR McPHIE:  That is right, Your Honour.

8HIS HONOUR:  I would if I could, but I am not permitted to.  I declare that you have served 19 days by way of pre-sentence detention, which should be treated as time served under the sentence that has been imposed.  In relation to the breach of the community correction order, you will be convicted and discharged. 

9COUNSEL:  As Your Honour pleases.

10HIS HONOUR:  Thank you.  Yes, if Mr Cropley could be taken downstairs, thank you. 

11COUNSEL:  If I might briefly approach, Your Honour?

12HIS HONOUR:  Yes, sure.  Yes, we will adjourn sine die, thank you.

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