Director of Public Prosecutions v De Gruchy

[2015] VCC 1049

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR -15-01308

DIRECTOR OF PUBLIC PROSECUTIONS

v

JUSTIN DE GRUCHY

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JUDGE:	HER HONOUR JUDGE COHEN
WHERE HELD:	Melbourne
DATE OF HEARING:	31 July 2015
DATE OF SENTENCE:	31 July 2015
CASE MAY BE CITED AS:	DPP v De Gruchy
MEDIUM NEUTRAL CITATION:	[2015] VCC 1049

REASONS FOR SENTENCE
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Subject:  Breach of Supervision Order

Catchwords:  Drug use on supervision order; urine testing demonstrating use of methamphetamine

Legislation Cited: Serious Sex Offenders (Detention and Supervision) Act 2009 (Vic)
Cases Cited:  
Sentence:  Convicted and fined $500.

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr P. Pickering	OPP
For the Accused	Ms E. Turnbull	Emma Turnbull Lawyers

HER HONOUR:

1

Mr De Gruchy, would you stand please.  It is only three weeks since I said

I did not want to see you again and here you are again. 

2As you have heard me say, I recognise that you do not believe you should be under this supervision, but you are.  And you know you are going to be repeatedly watched.  You are going to be repeatedly asked to submit to give these samples, and it is really, it seems to me, in your hands, whether you comply with the order.  You have shown enormous determination to try to build a life again after a very long set of times in prison, and I have said, I give you large credit for that.  But you have got to show that same determination and tackle this issue of not resorting to drugs when you feel you need them, be it for - - -

3OFFENDER:  I just - well it's a bit hard sometimes, Your Honour, I don't mean to, I just - - -

4HER HONOUR:   I have sat here for many, many years and heard how hard it is for people.  But it does not seem to me that it is still due to actual addiction….

5OFFENDER:  No.

6HER HONOUR:  - - - that is the reason you do that.  You resort to it either for relaxation, or that was the cannabis issue at least, and maybe you do for the amphetamine too, I do not know. 

7OFFENDER:  No, it was pushing it, 'cause I was - - -

8HER HONOUR:  But more to push yourself.

9OFFENDER:  Yeah.

10HER HONOUR:  And you have just got to discipline yourself not to. 

11I take into account that that is said to be the reason this time, and I do believe that you will have been working hard since getting out, - - -

12OFFENDER:  I have, flat out. 

13HER HONOUR:  - - - because that is your history so far. 

14I take into account you have pleaded guilty straightaway, and have co-operated with the whole matter and having it dealt with, and I take that as a reflection that you acknowledge you have done wrong, even if you resent having to submit to this type of supervision. 

15But you are on the supervision order, and must comply.  You can expect that you are going to be watched and watched and watched, unless ultimately there is an application that succeeds in changing that.  And you are just going to have to discipline yourself to comply. 

16I am taking into account that you have been in custody, what would count as two days.   This time, it seems to me, there is a need, to get the message through to you, for specific deterrence.  You cannot just expect to be able to thumb your nose at the condition that forbids you to take drugs, or alcohol for that matter, but that does not seem to be your problem.

17I accept that it is not through not turning up for testing.  You have given the sample and it is on the basis of the result that the charge is brought. 

18

I have been considering whether to impose a short, sharp term of imprisonment, of which two days would be reckoned served, but in the circumstances that you have been in custody two days,

I have decided that the appropriate penalty is a further fine.  I am recognising that you still have not paid the other fine – from May - and a financial penalty of a fine is real punishment to you - - -

19OFFENDER:  It hurts.

20HER HONOUR:  - - - because of how hard you find yourself working to earn money, and to ultimately pay for other things, but you will have to pay fines also.

21I have decided to impose a fine of $500, with conviction.  The reason it is $500 and not more, is because of the two days you have been in custody.  But there will come a time, if you continue to visit me as regularly as you have been this year, that it will be a much more serious penalty imposed.

22OFFENDER:  Yes, Your Honour. 

23HER HONOUR:  All right. 

24So on Charge 1, there will be a fine of $500, with conviction.

25MS TURNBULL:  As Your Honour pleases.

26HIS HONOUR:  Yes.  Want a stay? 

27MS TURNBULL:  Yes, Your Honour, if I could ask for a stay of two months?

28HER HONOUR:  Yes. 

29MR PICKERING:  If Your Honour pleases. 

30HER HONOUR:  Stay of two months on payment.  All right, we will get the orders done and then Mr De Gruchy can be released. 

31MS TURNBULL:  As Your Honour pleases.  Thank you, Your Honour. 

32HER HONOUR:  It is Mr De Gruchy's criminal record that was sitting wedged in my Serious Sex Offender's Detention and Supervision Act.  I will leave it there again, but I hope I do not have to use it again. 

33All right, we will stand the court down and I will sign the order as soon as it is produced.

34MS TURNBULL:  As Your Honour pleases.

35HER HONOUR:  Mr De Gruchy's got to go downstairs to be processed? 

36PRISON OFFICER:  Yes, Ma'am.

37HER HONOUR:  Yes. 

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