Director of Public Prosecutions v Cropley

[2020] VCC 2060

IN THE COUNTY COURT OF VICTORIA

Revised

Not Restricted

Suitable for Publication

AT GEELONG

CRIMINAL JURISDICTION

CR 18-01177

DIRECTOR OF PUBLIC PROSECUTIONS

v

DARYL CROPLEY

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JUDGE:	HIS HONOUR JUDGE SMITH
WHERE HELD:	Geelong
DATE OF HEARING:
DATE OF SENTENCE:	17 December 2020
CASE MAY BE CITED AS:	DPP v Cropley
MEDIUM NEUTRAL CITATION:	[2020] VCC 2060

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	Mr L. McPhie
For the Accused	Mr S. Cooper
For Corrections Victoria	Ms J. Pennaer

HIS HONOUR:

1Sorely tempted though I am, Mr Cropley, to send you to gaol today I am conscious that it is a week before Christmas, that you have a two and a half year old son and it would indeed be a tough penalty for you, tougher than it would otherwise be.

2What I have decided somewhat against my better judgment in a sense is that I should defer your sentencing pursuant to s.83A of the Sentencing Act for a period of six months.  I can only do that if I was of the opinion that the sentencing should in your interests be deferred and that you agree to a deferral of sentencing.

3I take it you do agree to such a deferral?

4OFFENDER:  Yes, Your Honour.

5HIS HONOUR:  Thank you.  Mr McPhie, is there any reason why if I defer notwithstanding that these breach proceedings have been commenced and are part heard, is there any reason why the community correction order should not continue until the deferred date as reached?

6MR McPHIE:  No, Your Honour, not that I see.

7HIS HONOUR:  Ms Pennaer, from your perspective is there any reason why supervision appointments should not be resumed?

8MS PENNAER:  No, Your Honour, there is not.

9HIS HONOUR:  Any reason why unpaid community work should not be resumed?

10MS PENNAER:  No, there is no reason it should not be resumed,
Your Honour.

11HIS HONOUR:  I would expect in the absence of some other matter that I am not aware of today, I would expect that the conditions of the community correction order that were placed in June of 2019 would have resumed and that I am pleased that Corrections have made an attempt to have work from home available in this difficult COVID period.

12Whether it is as difficult now as it was perhaps three or four months ago I am not sure, whether it has to be at home or whether it is likely that over the next few months people who have received a community correction order will get back to normal as these matters were arranged prior to COVID.

13MS PENNAER:  I believe, Your Honour, that community work sites will recommence in January.

14HIS HONOUR:  Yes, that is good and let me make this very clear to you,
Mr Cropley, that if on the adjourned date in - I will find the exact date - six months' time there have been further breaches of this community correction order then I will not extend it and I will re-sentence you for the false imprisonment offence.

15You would be an optimist if you considered that the re-sentencing would consist of another community correction order.  What is the date excluding Saturdays and Sundays - what is a date in approximately six months' time?

16I was thinking of not less than six months so what is after that - around about - what is today's date, around about 17 June.  Ms Pennaer, have you currently got any arrangement in place for a supervision appointment?

17MS PENNAER:  I do, Your Honour, he is due in tomorrow.

18HIS HONOUR:  Do you distinguish between him being due in on this CCO or the other concurrent CCO?

19MS PENNAER:  Both, I look at them as one.

20HIS HONOUR:  That is a convenient date to start, tomorrow.  You were aware of that appointment, Mr Cropley?

21OFFENDER:  Yes, Your Honour.

22MR COOPER:  Sorry, Your Honour, Mr Cropley said yes but I do not believe Your Honour could hear him.

23HIS HONOUR:  He has stepped away from a microphone, yes.  Good, I wish you the best of luck, Mr Cropley, and hopefully you and your young son will have a pleasant Christmas together or if not on Christmas day around the Christmas period.

24We will see you back in court on 17 June 2021.

25MR COOPER:  As Your Honour pleases.  Your Honour, I know Your Honour is part heard and could I seek to be excused from 17 June if possible?

26HIS HONOUR:  Yes, you may be and likewise - no, that is all.  In the circumstances we will require you, Ms Pennaer, to attend on that date.  I should have asked you.  Is that likely to be a convenient date for you?

27MS PENNAER:  Yes, Your Honour, that is.

28HIS HONOUR:  You are not on annual leave at that time or anything?  Thank you.  I will make it at 10.30 am, thank you.  Yes, thank you, adjourn the court.

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