Director of Public Prosecutions v Davern

[2019] VCC 802

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

AT LATROBE VALLEY
CRIMINAL JURISDICTION

CR 18-01576

DIRECTOR OF PUBLIC PROSECUTIONS

v

TAMMY DAVERN

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JUDGE:	HIS HONOUR JUDGE SMALLWOOD
WHERE HELD:	Latrobe Valley
DATE OF HEARING:	30 May 2019
DATE OF SENTENCE:	30 May 2019
CASE MAY BE CITED AS:	DPP v Davern
MEDIUM NEUTRAL CITATION:	[2019] VCC 802

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 D. GRAY	Office of Public Prosecutions
For the Accused	MS S. POULTER	Stephen Peterson Lawyers

1HIS HONOUR:  Tammy Davern, you have pleaded guilty to one charge of handling stolen goods, namely an iPhone 5 belonging to one Blake Mills.  That phone had been taken during the course of an armed robbery, and it is not disputed that that armed robbery was carried out by your partner.  That phone was found effectively in your possession at your premises, and accordingly you have pleaded guilty to this, being aware that it was stolen or likely to have been stolen.  That crime carries a maximum penalty of 15 years' imprisonment.

2You are 44 years of age.  You have no prior convictions.  It is a settled indictment.  You have been now on bail for some considerable period of time.  As I understand it, the situation is that subsequent to your being charged with this and, at that time, other matters, you have effectively been homeless.  There is an intervention order against your co-accused, who has also received a very significant gaol sentence, as I have seen from the depositions, and you have seen a psychiatrist in regard to being treated for post-traumatic stress.

3In these circumstances, I see no reason why any disposition other than a without-conviction adjournment should be imposed, and that is exactly what I propose to do.

4MR GRAY:  Yes, Your Honour.  For a period of?

5HIS HONOUR:  That is what I am about to say.  Six months.  There will be no conditions other than good behaviour.

6MS POULTER:  As Your Honour pleases.

7MR GRAY:  Your Honour, can I just introduce - also present in court is the victim in terms of the attack by the partner.

8HIS HONOUR:  Yes, but this phone does not come from ‑ ‑ ‑

9MR GRAY:  No, I'm just saying that he is here, Your Honour.

10HIS HONOUR:  No, this is the victim from the other one, though, isn't it?

11MR GRAY:  Yes.

12HIS HONOUR:  Yes, but it's got nothing to do with this.

13MR GRAY:  Well, he's here.

14HIS HONOUR:  Yes - no, I understand.  No, fair enough.  Yes.

15MR GRAY:  Three minutes, Your Honour.

16(At this stage the court proceeded with another matter.)

17HIS HONOUR:  I'm going to get you to sign an undertaking to be of good behaviour for six months.  Now, you've got to understand:  if you breach it, you get brought back.  And you know, I wouldn't lock you up, probably, but you've got to be careful.  You can't start getting a criminal history, because you know what that's going to lead to.  All right.

18MS POULTER:  (Indistinct words) approach her.

19HIS HONOUR:  Yes.

20(At this stage the court proceeded with another matter.)

21HIS HONOUR:  All right.  That undertaking is signed.  Okay.

22MS POULTER:  Thank you, Your Honour.

23HIS HONOUR:  And so she understands, it's a 'appear if called upon'.

24MS POULTER:  Yes.

25HIS HONOUR:  All right.  You can be excused.  Thanks for that.

26MS POULTER:  Thank you.

27HIS HONOUR:  Yes, thanks, Ms Poulter.

28MS POULTER:  Thank you, Your Honour.

29HIS HONOUR:  You can come out of there now, thank you.

30(At this stage the court proceeded with another matter.)

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