Director of Public Prosecutions v Dean

[2017] VCC 1642

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR 15-00028

DIRECTOR OF PUBLIC PROSECUTIONS

v

STEWART DEAN

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JUDGE:	HER HONOUR JUDGE CANNON
WHERE HELD:	Melbourne
DATE OF HEARING:	28 July 2017
DATE OF SENTENCE:	31 July 2017
CASE MAY BE CITED AS:	DPP v Dean
MEDIUM NEUTRAL CITATION:	[2017] VCC 1642

REASONS FOR SENTENCE
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Subject:  CRIMINAL LAW

Catchwords:  Contravention Community Corrections Order (CCO) – Original charges of aggravated burglary, handling/receiving stolen goods and theft – Combination sentence imposed imprisonment and CCO on original charges – Contravention by way of further offending and non-compliance – Further offending drive whilst suspended and unlicensed driving – Non-compliance by way of failure to attend treatment and rehabilitation – Serious and prolonged ice addiction – Extensive criminal record

Sentence:Contravention CCO proven – Original CCO cancelled and resentenced on original charges – Total Effective Sentence 12 months’ imprisonment with non-parole period of 6 months’ imprisonment – 3 days pre-sentence detention declared

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms L. Chan	Solicitor for Public Prosecutions
For the Accused	Mr P. Skehan	Camerons Lawyers

HER HONOUR:

1Stewart Dean, you were previously sentenced by His Honour Pilgrim J on
19 October 2015 in respect of the following offences:  aggravated burglary, which has a maximum penalty of 25 years' imprisonment; handling or receiving stolen goods, which has a maximum penalty of 15 years' imprisonment; two charges of theft, theft has a maximum penalty of ten years' imprisonment.

2You were sentenced to 20 months' imprisonment, plus a community corrections order, for a period of 15 months.  You breached the community corrections order by further offending and non-compliance.  The extent of your non-compliance is substantial, comprising 16 occasions of failing to undergo treatment and rehabilitation as required, and failing to attend for supervision as directed on two occasions. 

3I was told in detail the level of your urine analysis non-compliance, that is, that five dirty screens were returned by you, which meant that you were still using drugs. 

4The further offending was unlicensed driving, and driving whilst suspended.  You were convicted and fined in respect of each of these offences.  As I said last Friday, these are not the most serious offences in the world, but in circumstances where you have been given a number of chances in the past to comply with the law, any breach is of significance in my view.  You have been given the opportunity to reform through community-based dispositions on a number of occasions, however you have failed to take advantage of these opportunities. 

5I have read the breach report in respect of the community corrections order imposed by His Honour Pilgrim J, and it is clear that community corrections has done what they can to help you, but you just will not be helped.  The time has come when you have to deal with the consequences of your actions. 

6I indicated last Friday that I intended to cancel the community corrections order imposed by His Honour and resentence you in respect of the index offending.  In resentencing you, I take into account the fact the community corrections order was part of a combined order in which you were required to serve 20 months' imprisonment. 

7I have had regard to the most serious offending in which you engaged, in particular the aggravated burglary.  I have also had regard to the principle of totality, as His Honour did, and the matters which were put in mitigation on the occasion of his sentencing you, including your early plea of guilty. 

8I have also taken into account that you have a serious ice addiction, which has endured for 20 years now.  Contrary to your belief, which was recently expressed, ice is not something that is a positive in your life.  It is a scourge on it, and unless you give it up, unfortunately you will die early or spend ever-increasing periods in gaol- That is the reality. 

9I take into account the matters put to me by Mr Skehan, who appeared on your behalf.  In particular, that you are motivated to live a law-abiding life in order to help support your partner and her child, Gabrielle.  I take into account that time in gaol will be harder for you, because of your concern for them coping in your absence.  I also factor in that you have recently experienced the loss of a close friend, which apparently led you to escalate your drug use.  I have factored in your prior convictions, which are fairly extensive, as well as the chronology of your incarceration over the years, and in recent times.

10I have also factored in the extent to which you have complied with the community corrections order imposed by His Honour Judge Pilgrim.  Your counsel submitted that in all of the circumstances, a short and sharp sentence ought be imposed.  I have considered that submission.  I am afraid that the sentence which I consider is appropriate in your case is one which calls for a non-parole period.  But having said that, while I cannot influence the authorities in this regard, much will depend on how you behave in prison, I would expect.

11It is desirable in my view for you to be released into the community on parole, rather than having to serve the full term.  In that way, you will be subject to some supervision and assistance in the community upon your release; however, that is as far as I can take that matter.

12Would you please stand up, Mr Dean?

13You are convicted of the charge of failing to comply with a community corrections order, and you are sentenced to a period of two months' imprisonment.  I resentence you in respect of the offences of aggravated burglary, two charges of theft, and one charge of handling stolen goods, to an aggregate term of 11 months' imprisonment.  I direct that one month of the sentence from the failure to comply charge be served cumulatively with the aggregate term, giving a total effective sentence of 12 months' imprisonment, and I direct that you serve six months' imprisonment before becoming eligible for parole.

14On my calculation, and I will just check this, you have served three days by way of presentence detention, which will be reckoned as already served.  Just take a seat for a moment please sir, just take a seat.  Three days?

15MS CHAN:  Yes, three days is my count as well.

16MR SKEHAN:  I agree, Your Honour.

17HER HONOUR:  Yes, all right.  Do you have any difficulty with the cumulation on the aggregate term and the way that's expressed?

18MR SKEHAN:  No I don't, Your Honour.

19HER HONOUR:  All right.

20MR SKEHAN:  Your Honour has that power.

21HER HONOUR:  Yes, all right.  Yes, thank you.  Very well.  If there is nothing further that needs to be raised, I will have Mr Dean removed.  Yes, thank you.  You may now be removed.  Thank you.

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